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Republic of Uganda

Uganda National Roads Authority

CONSULTANCY SERVICES FOR FEASIBILITY STUDY, DETAILED ENGINEERING DESIGN, TENDER ASSISTANCE AND PROJECT

MANAGEMENT FOR UPGRADING MBALE - BUBULO - LWAKHAKHA ROAD (44.67 KM) TO BITUMINOUS STANDARD

Resettlement Action Plan

Updated Draft Final Report

December 2013

Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013

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Updated by: Jovah Ndyabarema, Tom Omuut & Moses Dakasi

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Checked by: Eng. Daka Michael /Project Manager:

1. The Baseline Study Team

Name Position

Eng Ojuka Emmanuel Tom Land acquisition Specialist

Joseph Omino Sociologist 1

Moses Dakasi Sociologist 2

Kenneth Twinomujuni Valuation Surveyor

3. Land Survey and Valuation Assessment Team

Name Position

Eng Ojuka Emmanuel Tom Land Acquisition Specialist

Joseph Muhumuza Senior Valuation Surveyor

Isaac Ovoya Valuation Surveyor

Moses Kasule Valuation Surveyor

Charles Kibirango Kyobe Senior Land Surveyor

Evans Mpanga Land Surveyor

Swaibu Bukenya Land Surveyor

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EXECUTIVE SUMMARY

1. INTRODUCTION

UNRA’s Mission is “to develop and maintain a national road network that is responsive to the economic development needs of Uganda, to the safety of all road users, and to the environmental sustainability of national roads corridors”. In line with this, the Government of Uganda (GoU) through Uganda National Roads Authority (UNRA) is seeking funding from the African Development Bank (AfDB) to finance the upgrading of Mbale (Bumbobi) - Bubulo – Lwakhakha road to bituminous standards (44.67 km).

According to AfDB environmental screening guidelines, projects involving major upgrading and rehabilitation and affecting more than 200 persons are classified as “Category 1” and hence require an ESIA to be done and a full Resettlement Action Plan (RAP) as per the AfDB’s Involuntary Resettlement Policy (2003). The Bank’s Policy requires, therefore, that any persons affected by the project should be compensated and also assisted with relocation. The Land Act CAP 227 (and as highlighted in UNRA Land Acquisition Management System), provides for compensation of any person affected by the project and emphasizes adequate, fair and prompt compensation by the developer of the occupier or owner of land. 3113 persons will be affected either through loss of land, structures, crops and any other assets.

This Resettlement Action Plan (RAP) summary covers; project description and justification, potential impacts, organizational responsibilities, community participation, socio-economic assessment, legal and institutional framework, valuation and compensation for loses, implementation schedule costs and budget, and monitoring and evaluation.

2. PROJECT DESCRIPTION

The project area is located in Mbale and Manafwa districts (see figure 2-1). The Mbale – Lwakhakha road starts at Bumbobi and goes through Bubulo - Busumbu up to Lwakhakha on the Uganda - Kenya Border in Manafwa District providing an international route to Kenya (figure 2-2). It branches off from Bumbobi, outside Mbale Municipality, on the Tororo-Mbale Highway proceeding through Bungokho and Bushiende sub-counties in Mbale District (12.1 km), crossing rivers Manafwa and Namuhoma with a few marshlands. In Manafwa District the road (32.6 km) crosses Manafwa, Khabutoola, Bugobero, Butiru, Bubuto and Bumwoni sub-counties as well as Manafwa Town Council, the seat of Manafwa District, Butiru Township up to Lwakhakha Town Council. This road traverses hilly terrain with nine trading centres as shown in Table 2-1.

Table 2-1: Trading centres traversed by existing road

Section in Mbale Section in Manafwa Nabumali Trading Centre Mayenze Trading Centre

Bubulo Trading Centre Kufu Trading Centre

Bugobero Trading Centre Butiru Trading Centre Bubutu Trading Centre Munamba Trading Centre Lwakhakha Trading Centre

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Figure 2.1 and 2.2 are maps showing the location and the proposed road for upgrade.

Figure 2-1: Map showing the location of Mbale and Manafwa Districts

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Legend Project road Mbale - Tororo road National border

Figure 2-2 Map showing Bumbobi - Lwakakha Road

Presently the Road is a Class C unsealed road with an average carriageway width of 5.0 m and 1.2 m grassed shoulders each side. Side and mitre drains are heavily silted and /or heavily vegetated. The road will remain functional “Class C” with design class “Paved Class II.”

The proposed road reserve will be set at 30 m width throughout the project road. This was reduced from the originally proposed 50 m corridor to mitigate against massive resettlement given the high population density and the mountainous terrain characteristic of the project area. This was reduced based on preliminary assessment by the RAP team and the design team as a measure to reduce on resettlement.

The project will consist of upgrading of the existing gravel surfaced road to bituminous standards following design criteria below:

Road functional “Class C” – (Primary Road); Road design Class “Paved Class II” Design speed – The design speed of 60 km/h was adopted for the mountainous terrain

and 70 km/h for the rolling terrain. Built-up areas were designed to a 50 km/h design speed. (Table 2-2)

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Table 2-2: Sections with design speed of 50 km/h regulated by bumps and rumble strips

Road section Chainage Design speed (km/h)

Mayenze 12+500 to 13+300 50

Bugobero 21+800 to 25+900 50

Lwakhakha 43+200 to 44+682 50

The horizontal alignment adopted has been chosen to suit the topography and minimise overall cost, whilst the vertical alignment is very much governed by drainage and the need to raise embankments at low-lying areas or wetlands. This road provides a strategic link between Kenya and Uganda. It provides a route for exporting produce especially maize to Kenya and importing industrial raw materials manufactured goods in Uganda from Kenya. This route will also reduce the crowding of vehicles at Busia border post that wait for a long time to be cleared. This is because there is a connection from Nairobi to Busia by road through Bungoma to Lwakhakha especially for the vehicles proceeding to the East and Northern Uganda as well as South Sudan. There will also be positive impact on tourism as the road is a route for tourists through Kenya to the Ugandan side of Mount Elgon.

3. POTENTIAL IMPACTS Although upgrading of the gravel road to bitumen was planned to follow the existing alignment, there has been a number of re-alignments in the design at different locations. This will lead to impacts related to land loss, loss of residential (both permanent and semi-permanent) and commercial houses, community/social infrastructure, business units, shops, kiosks, hedges, strips of land, crops and trees (including fruit trees). Several structures will be affected especially in the different Trading Centres of Nabumali, Mayenze, Nabwima, Kubuyi 1 & 2, Bugobero, Namalogo, Bukofu, Butiru, Munamba 1, Sihana 1&2, Shikoye, Bukhomeli 1&2 and Lwakhakha Trading Centres as well as other places as detailed in the valuation report and the strip map. a) Impact on land affected by Project

Affected land includes the road reserve which measures 15 meters on either side of the road centerline, areas where the contractor will locate workers’ camps, equipment yards, gravel borrow pits and quarries. A total of about 117.93Ha (291.41 acres) is expected to be affected by the roadwork. An estimated 45 Ha (111.2 acres) of land will be temporarily taken up for Camp Sites, Borrow Pits, Quarries, service roads and detours where productive assets, including land, income sources, and livelihoods may be lost. Some natural resources like River Manafwa may be contaminated especially with soil during construction. Other water sources like springs and water supply pipes at Lwakhakha town and Nabumali trading centre may cause contamination of water if pipes get damaged. Mitigation measures for this have been highlighted in the ESIA report. Most of the land affected is customarily owned but there are some cases of registered land under freehold or leasehold tenures. These will be compensated irrespective of their ownership. The

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developments and crops alike, on the land will be compensated, except for the annual crops such as maize and beans that can be harvested within the vacation notice period given.

Table 3-1: Affected land area in the project districts

District Description Total land take (Ha) Land take (Acres)

Mbale Road reserve 31.57 78.01

Manafwa Road Reserve 86.36 213.4

Total 117.93 291.41

b) Impact on structures

Residential houses and commercial structures will be affected when the project commences. These include both “permanent” and “semi-permanent” structures. Public and community infrastructure will also be affected such as churches and schools. In some places, water tanks and 33 kV power lines which were being constructed (in the areas of Bugobero stretching to Lwakhakha) close to the existing road at the time of property assessment will be affected. These will need relocation during road works activities, causing temporary disruption in supply. Table 3-2 is a list of affected structures and other property.

Table 3-2: Affected structures along the Bumbobi - Lwakhakha Road Type of Building/Structure No.

Permanent Structures

Commercial 347

Residential 94

Incomplete 76

School Blocks 3

Churches 2

Mosque 1

Semi-Permanent Structures

Residential 317

Kitchen/stores 65

Other Properties

Pit latrines 12 + 26 (semi-permanent)

Shades 14

Kiosks 5

Barbed wire fences 1685.5 m2 Chain link 188.5 m2

Local Hedges 2573 m2

Earth Graves 93

Cemented Graves 35

Paved /Concrete yards 118.21 m2

Gates 7

Septic Tanks 1

Boundary /retaining walls 98.3 m

Water Tanks 4

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The road being a linear project, it was observed that it is possible for some affected people to rebuild affected structures by moving a small distance behind the damaged buildings. Evidently, this will reduce the adverse socio-economic effects of resettlement. This is possible within the time period allowed after the compensation and the vacation notice to the affected persons, of at least three months. The ability to remain in the same area by moving slightly backward will as well minimize the loss of income and business losses. Although the RAP has proposed relocation of other infrastructure, i.e. (i.e. water tanks and 33kV lines) it is necessary that the relocation activities of the utilities are carried out in a short time so as to minimize the period of disruption the water and electricity. Other impacts expected have been highlighted in the ESIA and include noise and vibrations which are likely to affect the already vulnerable semi-permanent structures along the road which may lead to cracking and collapses in some cases. This issue of cracking resulting from vibrations was raised by the communities in the different meetings. Such structures will be outside the road reserve and therefore have not been included among those to be compensated. These are injurious cases and will be compensated for during implementation. c) Affected Households and Persons In total, the road upgrade will directly affect a total of 3113 households representing approximately 20,857 Project Affected Persons (PAPs) through loss of land, structures, crops etc considering that household size in the project area is 6.7 persons. Of the 3113, 2986 PAPS are land owners (543 from Mbale district and 2,443 are from Manafwa) while 127 are sharecroppers/licensees (25 from Mbale and 102 from Manafwa). Among the PAPs, 15.1% (470) are female headed households, 13.5% (420) are elderly headed households (65 years and above), 8.6% (267) widowed households and 1.6% (50) are children headed households (below 18 years of age). d) Impact on livelihood This applies to those whose businesses are required to be relocated, but also to those who are employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. This impact will apply to commercial structures along the existing road that will be demolished. Such loss of resources for subsistence and income may lead to exploitation of fragile ecosystems, hardships, social extensions, and impoverishment in which case the PAPs will need project support to rebuild their lives, incomes and assets base elsewhere. e) Impact on graves and communal facilities

Graves: A total of 93 earth graves and 35 cement graves will be affected by the project. The compensation of graves by the project will consider support for the observations of culture and performing rituals involved in relocating graves.

Communal facilities: Three school blocks, 2 churches and one mosque will be affected by this project. The project will work with the communities and other stakeholders in handling of the affected communal facilities. Reference should be made to the Valuation Report which provides detail of all affected community facilities to be affected by the road project.

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4. ORGANIZATIONAL RESPONSIBILITY Uganda National Road Authority (UNRA) will be responsible for implementing the RAP. The Ministry of Lands, Housing and Urban Development (MoLUHD) is a key institutional agency in which the Chief Government Valuer (CGV) who approves valuation and compensation reports sits. The Ministry is also responsible for issuance of land title deeds. District Land Boards in Mbale and Manafwa developed compensation rates and will be involved during RAP implementation, monitoring and grievance management. Local Councils will participate in mobilization and scheduling of compensation payment activities. Furthermore, Local councils will be involved in verifying identity of affected persons to receive compensation, land ownership especially customary land and grievance redress. District Committees are also expected to be put in place to participate in the implementation of RAP. This will comprise a member from District Land Board, District Councillors from the affected area, Local Council III Chairpersons of affected sub-counties, one Parish Land committee representatives, PAP representatives (woman and man) and NGO representative in the area. A Verification Committee per parish will be necessary and will comprise of all Local Council Chairpersons of all affected villages, a trusted elder, PAP representatives (man and woman) and one member of Land Board. These have more knowledge of the communities and will mainly participate in disclosure and payments while the District Committees will participate in all RAP activities throughout the project. Implementation of RAP is the responsibility of UNRA. However UNRA may procure a Consultant to implement the RAP. In either case this is expected to be done with the District Committees.

Table 4-1: RAP Implementation schedule Months

Project actions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

RAP approval

RAP disclosure

Grievances

management

Compensation

payment

RAP monitoring

RAP completion audit

Note: “ “indicates continuous activity. Grievances are expected to arise any time from disclosure through payment, construction and beyond (during monitoring and evaluation). They should thus be treated as such during RAP implementation.

5. PUBLIC CONSULTATION AND COMMUNITY PARTICIPATION

In preparation of this RAP, Mbale and Manafwa District Council staff and sub county staff of the 3 sub counties through which the road traverses were consulted. In addition, roadside communities were consulted. After the identification of the relevant stakeholders, a program for their consultation was drawn. The consultative meetings with district and sub county stakeholders were carried out at their respective offices while the community meetings were held

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at village level at usual village meeting places. Depending on the proximity to the villages, two or more villages were combined in one meeting. In the consultations, the local officials emphasised fair and prompt compensation for the affected property and Project Affected Persons’ compensation before commencement of construction. The PAPs raised the following issues; all people affected by the project should be compensated in a transparent manner irrespective of whether they have land titles or not, all property damaged during construction should be compensated and that current rates should be used when assessing affected property so that affected households are fairly compensated. The PAPs emphasised payment of compensation packages through banks to reduce the risk of robberies. There was also concern that payment of compensation might take a long time.

6. INTEGRATION WITH HOST COMMUNITIES

The road project being linear in nature, it is expected that most PAPs whose house will be lost will reconstruct their homes on their remaining pieces of land (backward resettlement). In case the remaining land is not enough then they PAPs will have to relocate to new homes. However, it is expected that most households will be able to find land to construct their new homes within the same villages, towns or communities. It is hence expected that most PAPs will resettle within their old communities, to which they are familiar, and to maintain their social networks. However, it is noted that due to the population pressure and small land holdings some PAPs might find it difficult or not possible to relocate within their locales. In this case, there is possibility that some households might relocate to entirely new host communities. It is still expected that these will be able to find land within the same district area, which have similar social characteristics and the cultural values.

7. SOCIO-ECONOMIC STUDIES

The projections from the last Uganda Population and Housing Census in 2002, the population of Mbale District were estimated to be 718,2401 of which 365,686 were females. Mbale has since been split into 3 more districts of Manafwa, Bududa and Sironko and the total population of Mbale District was estimated to be 332,200 and that of Manafwa 118,000.(Housing and Population Census, 2002). The population census indicated that the average household size was 4.4 persons. However socio-economic survey during this study indicated that household size was 6.7 persons which is a significant increase. 86.5% of the household heads were found to be below 65 years of age while 13.5% were 65 years and above. These elderly form part of the vulnerable groups who will not easily cope with negative changes.

Other vulnerable groups include female headed households (15.1%), child headed households (1.6%) and the widows (8.6% of the households), 2.7% are disabled. In total, 23.3% of the affected households are vulnerable are highly vulnerable. Some household heads are both widowed and elderly, while others are widows and again disabled etc. The two districts (Mbale and Manafwa) through which the road traverses, have several ethnic groups which include Bamasaba, Banyole, Bagwere, Baganda, Ateso, Luo speaking and Karamojong with Bamasaba being predominant

From the socio-economic survey carried out in October to November 2013, the average land size owned in the project area is 0.34 acres with 66% of the household heads owning less than

1 Sironko, Bududa and Manafwa were part of Mbale District at the time of the census.

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that. Only 1% owned 5 or more acres. 27.7% households along the project road reported to have at least a disabled person in their household. The survey further revealed that 64.1% of the economically active population was working as unpaid family workers. Over 77% of the population in Mbale District and 95% of the population in Manafwa were engaged in Agriculture. The results from the socio-economic baseline survey indicated that the main source of income for most of the households (70.8%) was farming, civil service 11.4%, trading 9.5%, service provision 1.9% (restaurants/hotels, salons, driving, boda boda riding) and casual labour (2.9%)

Rural and peri-urban incomes are generally low due to the nature of economic activities, which are informal, and not well paying. Poverty is estimated at 23.9% of the affected households who live below the poverty line of USD1 per day.

Land is the most available natural resource that is accessed by majority of the PAPs. Land in the area is mainly customarily owned save for a few cases of titled land.

8. INSTITUTIONAL AND LEGAL FRAMEWORK The key legislations to provide for legal framework for compensation and resettlement in Uganda are as follows:

Constitution of Uganda (1995)

The Local Government’s Act 1997

The Land Act, 1998 (CAP 227)

Physical Planning Act, 2010

Access Roads Act (1964)

Land Acquisition Act 1965

Road Safety Act (1991)

Article 237(1) of the Constitution vests all land in the citizens of Uganda. The Constitution prescribes the tenure regimes in accordance with the rights and interest in which land may be held [Article 237 (3)]: Customary, Leasehold, Mailo and Freehold. Article 237(8) gives the lawful or bonafide occupants of mailo land, freehold or leasehold land freedom to enjoy security of occupancy on the land. The Constitution also provides procedures to follow during land acquisition for public interest. The Constitution stipulates the “prompt payment of fair and adequate compensation” prior to taking possession of land acquired from the owner/occupier. The Land Act Cap 227section 39 of the Act emphasizes the participation of all family members in land transfer and provides for any family member (spouse, children etc. ) to lodge a caveat on a certificate of title or certificate of customary ownership in case consent was not sought prior to land transfer. The Land Act CAP 227 is the principal legislation on land tenure in Uganda. It states procedures for land acquisition by Government for public use and emphasizes adequate, fair and prompt compensation by the developer of the occupier or owner of land. Section 46-76

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of the Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB) and Parish Land Committees (PLC). Section 78 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by DLBs. Land acquisition Act 1965 also makes provisions for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. This Act only provides for payment of affected property in terms of cash. In addition to the above legislation, Uganda National Roads Authority (UNRA) put in place a Land Acquisition Manual (LAM) designed to satisfy regulatory and key financiers’ resettlement requirements based on the following principles: (i) Compensation should be aimed at minimizing social disruption and assisting those who have lost assets to maintain their livelihoods. In accordance with Ugandan laws and standards, a disturbance allowance is to be provided to households to cover costs of relocation during resettlement; and (ii) Community infrastructure must be replaced and ideally be improved in situations where it was deficient. This for example includes roadside water sources, schools and clinics, among others. Preparation of the RAP has taken into consideration safeguard policies of the AfDB (Involuntary Resettlement Policy, 2003) with the aim of ensuring that PAPs are assisted to improve their livelihoods and standards of living or restore them to pre-displacement levels.

9. ELIGIBILITY

The following categories of persons are eligible for compensation:

People whose land is within the proposed road reserve.

People with structures / buildings within the proposed road reserve.

People who are utilising the land within the road reserve and their crops and trees are to be removed or damaged by the project.

Public or community property/assets within the road reserve.

Any other group of persons that has not been mentioned but is entitled to compensation according to the laws of Uganda and the development partner’s (AfDB) policies;

The eligibility for compensation and resettlement has a cut of date referred to as entitlement cut off date.

The entitlement cut-off date refers to the time when the valuation assessments of the land and assets/developments on the land and a census of all the affected people are complete. The date of the census served as the cut-off date for eligibility and no new arrivals in the project area or assets created after the cut-off date are be eligible for compensation. During the survey and valuation exercise PAPs were informed of the cut-off date and its implications. The Cut-Off date was established as August 2012 as the date when surveying and valuation was completed.

10. VALUATION AND COMPENSATION FOR LOSSES

This exercise was preceded by sensitization of the communities by the valuation team in conjunction with the Local Authorities to explain the valuation and survey activities, how these activities will affect the communities, and clarification of any queries the communities had.

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The valuation of assets was mainly based on the principles resulting from the provisions laid out in the Constitution of Uganda 1995; article 26 and the Land Act Cap 227 Article 77 and Article 59(1) e. A full census of affected persons and survey/valuation of their assets was completed on the cut-off date by Surveying /Valuation Teams who worked with Local Councils, especially LC1s of affected villages and town centres to verify identity of affected persons and their physical assets including land sizes, crops, trees and buildings. Assessment for land taken was based on the open market value of land and in accordance with Section 77(1) (a) of the Land Act. During the exercise evidence of land values was obtained. All the land to be affected by the proposed new road was adjacent to an already existing road hence fetching considerably high land rates. Compensation payable for crops was computed using the District Compensation Rates 2011/12 in line with Section 9 and 77 of the Land Act. Enumeration of crops was done mainly by head count. However, enumeration by area coverage was also used where appropriate. Seasonal crops were not assessed as it is expected that seasonal crops will be harvested within the period of notice to vacate (6 months) after payment as stipulated in the Regulation 24 b of the Land Act (CAP 227). Assessment for semi-permanent structures were computed using the district compensation rates as already mentioned while permanent structures were assessed based on direct replacement cost with guidance from the Chief Government Valuer’s office. As advised by the CGV, structures that were slightly affected on the verandas were taken noted of but not included in the detailed valuation report. Therefore, marginally affected structures have been excluded from this report. It is assumed that a notice of at least six (6) months will be served to the affected persons to vacate the project corridor. Therefore, a statutory disturbance allowance of 15% of the total sum assessed was awarded in accordance with Section 77(2) of the Land Act. There are several vulnerable households among the affected i.e. those headed by terminally ill, widows, elderly people, orphans or people with disabilities. These will be provided additional assistance during resettlement.

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11. COSTS AND BUDGET The resettlement budget including implementation, Monitoring and livelihood restoration and provision for vulnerable households is estimated at Uganda Shillings Twenty Nine Billion, Four Hundred Forty Two Million, Eight Hundred Twenty Two Thousand, Five Hundred Sixty Seven (UgShs 29,442,822,567) (or US $ 11,501,103) at exchange rate of Shs 2560 per US$). Table 11-1 shows a summary of all costs of Resettlement and Implementation while Table.11-2.gives a summary of only Compensation budget per district, number of affected households and affected property.

Table 11-1: All Costs for Resettlement and Implementation

UGX

Total Compensation 19,442,911,213

Relocation of Utilities2 ( 1, 200,000,000

Provision for Vulnerable Households at 30million3 @ of the households

3,690,000,000

Total Compensation and Relocation 24,332,911,213

Implementation of the Resettlement Action Plan, Monitoring and Livelihood Restoration (10% of compensation and relocation)

2,433,291,121.3

Total Budget for Resettlement and implementation

26,766,202,334.3

Contingency @ 10% of Total Budget 2,676,620,233.43

GRAND TOTAL 29,442,822,567.73

12. GRIEVANCE REDRESS MECHANISM

From experience on other road projects implemented by UNRA and other projects, most grievances will be related to property valuation. These may arise when households consider compensation package for their assets to be insufficient, especially when PAPs doubt if valuation

2 Some electric poles and water pipes 3 Permanent houses of medium size in the project area were valued at 25 million and it is based on this

that a figure per house has been estimated for construction of the residential house plus labour of about 5

million to give a total of 30 million.

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values do indeed provide replacement value or if PAPs misunderstood the compensation process and believe they are entitled to additional compensation. UNRA, directly or through RAP implementing Consultant, will constitute a dedicated committee and procedures to manage and close out grievances. While some grievances would be resolved by the committee, others might not, such as when claimants contesting compensation rates developed by District Land Boards. However, if the aggrieved person is not satisfied with resolutions of the Grievance Committee at local level/village, the person will have the choice of going to the Courts of Law.

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Table 11-2 Summary of only Compensation budget per district, number of household heads and affected property

MBALE District (number of household heads and Compensation package in Uganda Shillings, shs)

Sub-county No. of villages

No. of household

heads

Cost in Uganda Shillings

Cost for land

Buildings & other improvements

Cost for crops & trees

15% disturbance allowance

Total cost (shs)

BUMBOBI 3 103 546,540,766 105,877,575 9,258,000 99,251,451 760,927,792

BUSOBA 5 120 327,863,300 356,948,187 15,216,500 105,004,198 805,032,185

NYONDO 4 86 171,346,440 91,375,465 9,286,000 40,801,186 312,809,091

BUKEINDE 8 259 445,810,535 373,083,117 20,724,000 125,942,648 965,560,300

Totals 20 568 1,491,561,041 927,284,344 54,484,500 370,999,483 2,844,329,368

MANAFWA District (number of household heads and Compensation package in Uganda Shillings, shs)

Sub County No. of villages

Number of household

heads


Cost for land




Total cost (shs)

MANAFA TC 5 265 662,231,056 1,530,281,855 27,012,000 332,928,737 2,552,453,648

KHABUTOOLA 15 617 468,104,930 2,052,701,206 42,472,500 384,491,795 2,947,770,431

BUGOBERO 16 430 279,008,700 1,155,129,318 19,629,000 218,065,053 1,671,832,071

BUKHOFU 6 131 108,324,700 398,089,300 3,077,600 76,423,740 585,915,340

SISUNI 1 15 24,630,000 - 2,178,500 4,021,275 30,829,775

BUTIRU 6 218 439,434,049 1,057,625,854 9,497,000 225,983,535 1,732,540,439

BUNABWANA 1 35 38,567,500 70,914,890 216,000 16,454,759 126,153,149

BUBUTU 13 414 484,248,350 2,517,223,064 47,006,000 457,271,612 3,505,749,026

BUMONI 4 117 119,357,600 512,848,000 19,446,750 97,747,853 749,400,203

LWAKHAKHA 9 303 185,128,136 2,154,073,571 5,092,000 351,644,056 2,695,937,764

Totals 76 2,545 2,809,035,021 11,448,887,058 175,627,350 2,165,032,415 16,598,581,846

*Buildings and other improvements are inclusive of graves

Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E Updated Draft Final RAP Report September 2013

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13. MONITORING AND EVALUATION Monitoring and evaluation is essential to ensure that RAP implementation achieves the desired results. A monitoring and evaluation framework for RAP implementation has been developed to include a plan for monitoring and evaluation of compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including AfDB. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule and support of vulnerable PAPs. Monitoring will be both Internal monitoring by UNRA, and External evaluations by AfDB and other national stakeholders. During resettlement, monitoring shall focus on resettlement issues such as:

Number of families that have been compensated; Number of people who have acquired legal documents to new property, Number of business owners who have restored their businesses, Efficiency and effectiveness of grievance redress mechanism.

Post resettlement monitoring should focus on rehabilitation issues, for example:

Success level of restoration of livelihoods Success level of restoration of assets Efficiency and effectiveness of grievance redress mechanism.

A review of regular progress reports produced by UNRA will be carried out by all stakeholders both at national and local levels including the AfDB. After completion of resettlement, a final report will be submitted by UNRA to AfDB prior to preparation of the project implementation report. The report shall indicate effectiveness of project implementation and disbursement of compensation payments, effectiveness of public involvement and socio-economic impacts of roadside communities. This report will give overall assessment of the RAP process indicating activities undertaken, success of mitigation action and monitoring and well as useful lessons learnt. A key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and AfDB requirements.

ii Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013

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Table of Contents

EXECUTIVE SUMMARY ii

Table of Contents ii

LIST OF TABLES v

LIST OF FIGURES v

Abbreviations and Acronyms vi

Terminology and Definitions vii

1.0 INTRODUCTION 12

1.1 Objective of the Resettlement Action Plan (RAP) and Requirements 12

1.2 Contents of Resettlement Action Plan (RAP) 13

2.0 PROJECT DESCRIPTION 14

2.1 Project Area 14

2.2 Project Justification 17

3.0 PROJECT IMPACTS 19

3.1 Impact on Land 19

3.2 Impact on Structures, Crops and other properties 20

3.3 Affected Households and Persons 21

3.4 Impact on Livelihoods 22

3.5 Impact on Graves 23

3.6 Alternatives considered to Resettlement 23

4.0 ORGANIZATIONAL RESPONSIBILITY 24

5.0 COMMUNITY PARTICIPATION 26

5.1 Stakeholder Identification 26

5.2 Public Participation Process 26

5.3 Community Consultations 26

5.4 Issues raised during consultations 32

6.0 INTEGRATION WITH HOST COMMUNITIES 35

7.0 SOCIO-ECONOMIC BASELINE 36

7.1 Socio-economic Survey Methodology 36

7.2 Demographic Characteristics 36

7.2.1 Population 36

7.2.2 Household Size, Composition (Gender and Age of Household Head) 37

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7.2.3 Marital Status 37

7.2.4 Religious Affiliations 38

7.3 Livelihood Activities 39

7.4 Income and Expenditure 39

7.4.1 Assets owned 40

7.5 Land Tenure and Size 40

7.6 Access to Social Services 40

7.6.1 Health 40

7.6.2 HIV and AIDS 41

7.6.3 Education 41

7.6.4 Water Supply 43

7.6.5 Energy 44

7.6.6 Credit Facilities 44

7.7 Vulnerable Groups 44

7.8 Gender Considerations 45

8.0 POLICY, LEGAL FRAMEWORK AND INSTITUTIONAL FRAMEWORK 46

8.1 Policy Basis 46

8.1.1 AfDB Safeguards Policies on Involuntary Resettlement 46

8.1.2 Difference of Ugandan Laws and AfDB Safeguard Policies on Resettlement 47

8.2 Legal Framework, Laws and Regulations 47

8.2.1 The Constitution of Uganda (1995) 47

8.2.2 Land Act (1998) 48

8.2.3 Roads Act (1964) 48

8.2.4 Land Acquisition Act (1965) 48

8.2.5 Access Roads Act (1964) CAP 350 49

8.2.6 Local Governments Act (1997) 49

8.2.7 Road Safety Act (1991) 49

8.2.8 Local Laws Relating to Construction of Roads in Rural Trading Centres 50

8.3 Institutional Arrangements 53

8.3.1 UNRA 53

8.3.2 Ministry of Lands, Housing and Urban Development / Valuation Department 53

8.3.3 Uganda Land Commission (ULC) 53

8.3.4 Mbale and Manafwa District Land Boards 53

8.3.5 Local Councils 54

8.3.6 The Consultant 54

8.3.7 The Contractor 54

8.3.8 Stakeholders and PAPs Involvement 55

9.0 ELIGIBILITY 56

9.1 Eligibility for Resettlement/Relocation 56

9.2 Resettlement of Vulnerable Persons 57

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9.3 Eligibility for Backward Resettlement 57

9.4 Eligibility for land in kind 58

10.0 VALUATION AND COMPENSATION FOR LOSSES 60

10.1 Valuation Methodology and Principles 60

10.2 Forms of Compensation 60

10.3 Public Disclosure 61

10.4 Compensation for vulnerable people 62

10.5 Compensation Process 62

10.6 Payment procedure 62

11.0 COSTS AND BUDGET 63

12.0 GRIEVANCE REDRESS MECHANISM 66

12.1 Committees 66

12.1.1 Grievance Committee at Parish level 66

12.1.2 Project District Committees (at District Level) 66

12.1.3 Responsibilities of the Committees 66

12.2 Grievance Redress 67

12.2.1 Stage I: Parish Committees 67

12.2.2 Stage II: District Committees 67

12.2.3 Stage III: Courts of Law 67

13.0 MONITORING AND EVALUATION OF MITIGATION MEASURES 69

13.1 Monitoring indicators and Focus 69

13.2 Review and Completion Audit 70

Appendix A: Strip Map (attached separately) 71

Appendix B: Excel Sheets (Attached Separately) 72

Appendix C: Officials Consulted (2010) 73

Appendix D: Attendance Lists (2013 meetings) attached separately 76

Appendix E: Templates of Prospective Notices 77

v Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)]

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LIST OF TABLES

Table 2-1: Trading Centres traversed by the Project Road ................................................................................ 14 Table 2-2: Section with design speed of 50km /h regulated by bumps and rumble strips ................................... 17 Table 3-1: Affected land area in the project districts ........................................................................................ 19 Table 3-2: Land loss According to Severity .................................................................................................... 19 Table 3-3: List of Affected Property ................................................................................................................ 21 Table 4-1: RAP Implementation Schedule ...................................................................................................... 25 Table 5-1: Schedule of meetings for Bumbobi – Lwakhakha Road (November 2013) ..................................... 26 Table 5-2: Schedule of meetings for Bumbobi- Lwakhakha Road (2010) ........................................................ 28 Table 5-3: Summary of Issues raised during Community Meeting (November 2013) ....................................... 32 Table 5-4: Summary of Issues raised by District officials (November 2013) ..................................................... 33 Table 5-5: Summary of Issues raised during Community Meetings (2010) ....................................................... 33 Table 5-6: List of District Officials Consulted ................................................................................................ 34 Table 7-1: Population Statistics in the Affected Sub-counties ........................................................................... 36 Table 7-2: Educational Levels by Gender ...................................................................................................... 42 Table 8-1: Comparison of Ugandan Laws and AfDB Policies on Resettlement and Compensation

.............................................................................................................................................................. 51 Table 9-1: Number of Households that need to be resettled .............................................................................. 57 Table 9-2: Entitlement Matrix .................................................................................................................. 58

LIST OF FIGURES

Figure 2-1: Map showing the location of the Mbale and Manafwa Districts ..................................................... 15 Figure 2-2: Map showing Bumbobi –Lwakhakha Road ................................................................................. 16 Figure 3-1 : Water source and Electric poles that will be affected .................................................................... 22 Figure 3-2: Electric poles that will be affected. ................................................................................................. 22 Figure 5-1: Pictures of Community Meetings held in the Project Area in 2010 and 2013. ............................... 32 Figure 7-1: Shows the age categories of household heads in the project area ..................................................... 37 Figure 7-2: Marital status of Household Heads ............................................................................................ 38 Figure 7-3: Religious Affiliations .................................................................................................................... 38 Figure 7-4: Expenditure ................................................................................................................................. 39 Figure 7-5: Prevalent Diseases in the project area ............................................................................................ 41 Figure 7-6: Educational Levels attained by household heads ............................................................................ 42 Figure 7-7: Distances to the nearest Primary and Secondary School ................................................................. 43 Figure 12-1: Grievance Flow Chart ............................................................................................................... 68

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Abbreviations and Acronyms

AfDB African Development Bank

CGV Chief Government Valuer

DLB District Land Board

EAC East African Community

ESIA Environmental and Social Impact Assessment

GoU Government of Uganda

Ha Hectare

Hhh Household Heads

IPs Indigenous Peoples

km Kilometre

LCI Local Council One

LAM Land Acquisition Manual

LCIII Local Council Three

M Meter

M² Square meter

MoLUHD Ministry of Lands, Housing and Urban Development

MsSPSS Statistical Package for Social Scientists

NGO Non-Government Organisation

PAH Project Affected Households

PAP Project Affected Person

PLC Parish Land Committee

PLC Parish Land Committees

RAP Resettlement Action Plan

SES Socio-Economic Survey

UAIS Uganda Aids Indicator Survey

Ugshs Uganda Shillings

ULC Uganda Land Commission

UNRA Uganda National Roads Authority

USD United States Dollar

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Terminology and Definitions

Boda boda : Affordable motorcycle mass transport service prevalent in urban areas and reaching the countryside. Name originating from Uganda Eastern Boarders of Uganda-Kenya. This was the means of transport in late 1970’s e.g. bicycle cyclists transporting passengers/luggage’s from one side of the boarder to another making it easier and faster to cross the no man’s land especially when carrying heavy luggage’s (from border to border - shortened or localised as “Boda Boda”.

Carriageway Area of road used by vehicles. It is bounded on either side by the road shoulder

Compensation : Payment in cash or in kind at replacement value for an asset or a resource affected by the project at the time the assets need to be replaced.

Displaced Persons : People or entities directly affected by a project through the loss of land and the resulting loss of residences, other structures, businesses or other assets.

Economic Displacement

: Loss of income or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the road.

Economic Rehabilitation

: Economic Rehabilitation implies measures taken for income restoration or economic recovery so that the affected population can improve or at least restore its previous standard of living.

Eligibility: : The criteria for qualification to receive benefits under a resettlement program.

Eminent Domain : The right of the state to acquire land, using its sovereign power, for public purpose. National law establishes which public agencies have the prerogative to exercise eminent domain.

Grievance Procedures : The processes established under law, local regulations, or administrative decisions to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement.

Host Community (Hosts)

: The population in the areas receiving resettlers.

Land Acquisition: : The process of acquiring land under the legally mandated procedures of eminent domain

Murram : Gravel suitable for roadworks.

Physical Displacement : Loss of shelter and assets resulting from land acquisition associated with the project, requiring affected persons to move to other locations.

Population Census : A count of the population that will be affected by land acquisition and related impacts. When properly conducted, the population census provides information necessary for determining eligibility for compensation.

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Project Cycle : The process of identifying, planning, approving, and implementing a Bank-supported development activity. The project cycle is divided into Identification, Preparation, Appraisal, Negotiations, Approval, Loan Effectiveness, and Implementation stages.

Project: : Upgrading Mbale - Bubulo - Lwakhakha Road (44.67 km) to Bituminous Standard

Project-Affected Area : The area subject to a change in use as a result of construction and operation of the road.

Project-Affected Households (PAH)

: A household that includes one or several project-affected persons and usually comprises of a head of household, their spouses, children and other dependents (e.g. parents and grandchildren).

Project Affected Persons (PAPs)

PAP are individuals on whom the Project may impact

either directly or indirectly either by their houses/structures

being affected by the land acquisition, people who borrow

land for cultivation and their crops or trees being removed

or damaged due to the Project, or losses of incomes

associated with change in land use due to the Project are

defined as PAPs.

Replacement Value : The rate of compensation for lost assets, that is, the market value of the assets plus transaction costs (taxes, registration fees and cost associated with registration or transfer of new land). The replacement value of an item must reflect the cost at the time it is due for replacement. For land and structures, “replacement value” is defined as follows: i) Agricultural land: the market value of land of equal

productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land including fees of any registration and transfer taxes;

ii) Land in urban areas: the market value of land of equal size and use, with similar or improved public infrastructure facilities and services, preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;

iii) Household and public structures: the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor, contractors’ fees and any registration and transfer taxes.

Resettlement Action Plan

: A planning document describing measures to address direct social and economic impacts associated with involuntary land

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acquisition for the project.

Resettlement Assistance

: Support provided to people who are going to be physically displaced by the project. Assistance may include transportation and other services that are provided to the affected people during relocation. Assistance may also include cash allowances to compensate affected people for inconveniences associated with resettlement and settle up expenses during transition to a new locale and lost workdays.

Resettlement Entitlements

: Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category.

Resettlement Strategy : The approaches used to assist people in their efforts to improve (or at least to restore) their incomes, livelihoods, and standards of living in real terms after resettlement. The resettlement strategy typically consists of payment of compensation at replacement cost, transition support arrangements, relocation to new sites (if applicable), provision of alternative income-generating assets (if applicable), and assistance to help convert income-generating assets into income streams.

Road reserve : Area of land typically extending from the centreline of the road, owned by the road authority and within which the roads authority has rights to extend the road and place associated infrastructure. This area can also be used for placing surface or subsurface utilities (water mains, electricity, telephone cables etc).

Socio-economic Survey (SES)

: A complete and accurate survey of the project-affected population. The survey focuses on income-earning activities and other socio-economic indicators.

Stakeholders : A broad term that covers all parties affected by or interested in a project or a specific issue - in other words, all parties who have a stake in the project. Primary stakeholders are those most directly affected - in resettlement situations, the population that loses property or income because of the project. Other people who have interest in the project such as the UNRA itself, beneficiaries of the project (e.g., road users), etc are termed secondary stakeholders.

Measures:

m Meter

m2 Square meter

km Kilometer (= 1000 m)

Ha Hectare (= 10000 m2 or 2.471 acres)

Currency:

UgShs Uganda Shilling

USD United States Dollar

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Key Concepts of Resettlement

Resettlement Action Plan (RAP): A plan for the resettlement and rehabilitation of PAPs so

that their losses will be compensated and their standards of living will be improved or at least

restored to the pre-project levels. It is a requirement by the EC that the Resettlement Action

Plan shall be consistent with their guidelines.

Income Restoration: Restoration of incomes, the standards of living and the productivity

levels of the affected persons constitute the core of the resettlement policy. Resettlement

programs should be designed to minimise social disruption and assist those who have lost

assets as a result of a project to maintain their livelihood through income restoration.

Development projects must therefore cause only minimal social disruptions and negative effects on people’s livelihood.

Resettlement planning is one of the main mechanisms through which the Government of Uganda and Uganda’s development partners work towards ensuring that the incomes of all categories of affected persons are restored after resettlement.

Squatters and Encroachers: Squatters and encroachers are persons without legal titles to the

land and structures occupied/ used by them.

The term "Squatters" is typically used for those occupying structures for residential/ commercial purposes, while "encroachers" are those occupying land for agriculture.

Displacement: Displacement is the impact that necessitates resettlement of affected persons.

Displacement could be physical, i.e. where the affected persons are required to relocate, or

economic, where the impact of loss of incomes forces the affected persons to move or to

initiate alternative strategies of income restoration.

Linear Resettlement: Linear resettlement is usually involved in projects producing linear

patterns of land acquisition (highways, railways, canals, power transmission lines etc.

It is differentiated from site-specific resettlement because of the problems that arise when resettlement actions have to be coordinated across multiple jurisdictions and different cultural and linguistic areas.

Urban Resettlement: Resettlement in urban or peri-urban settings is usually referred to as

urban resettlement. It is differentiated from rural resettlement since the types of problems

involved and the strategies proposed to address them are substantially different from those in

rural resettlement.

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Baseline Surveys: The term "Baseline Surveys" refers to two types of surveys that are ideally

conducted early in the resettlement planning process; i.e.:

1 Census of all affected persons and assets; and

2 Survey of the socio-economic conditions of the affected persons.

Baselines surveys are essential since they form the basis for identifying the various types of project impacts; they are vital guides to designing effective resettlement programs; they constitute a baseline against which the incomes and standards of living of the PAPs after the Project can be measured; and they form the basis of all resettlement planning.

The entitlement policies, costs and budgets, institutional arrangements for implementation, etc, can only be worked out once the baseline surveys are completed.

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1.0 INTRODUCTION

UNRA’s Mission is “to develop and maintain a national road network that is responsive to the economic development needs of Uganda, to the safety of all road users, and to the environmental sustainability of national roads corridors”. In line with this, the Government of Uganda (GoU) through Uganda National Roads Authority (UNRA) is seeking funding from the African Development Bank (AfDB) to finance the upgrading of Bumbobi to Bubulo and then to Lwakhakha to bituminous standards (44.67km).

According to AfDB environmental screening guidelines, projects involving major upgrading and rehabilitation are classified as “Category 1” and hence require an Environmental Impact Assessment (ESIA). Furthermore, AfDB policy requirements are that any projects that involve a “significant number”4 of people who would need to be displaced with a loss of assets, or access to assets or reduction in their livelihood will require preparation of a Full Resettlement Action Plan (AfDB’s Involuntary Resettlement Policy (2003). The Bank’s Policy requires, therefore, that any persons affected by the project should be compensated and also assisted with relocation. 3113 persons will be affected either through loss of land, structures, crops etc.

1.1 Objective of the Resettlement Action Plan (RAP) and Requirements

Since the Government of Uganda through the UNRA intends to minimize adverse social impacts of the Road Project, the Consultant is required to prepare the RAP to ensure that the people who are adversely affected by project activities receive compensation as prescribed by Law.

The objective of the RAP is also to provide a plan for the resettlement and rehabilitation of PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels.

To achieve this objective the Plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods.

The specific objectives of the RAP are: to identify individuals or groups affected i.e. Buildings to be destroyed, crops lost, or to be resettled; to identify resettlement options and; to set out Compensation and Resettlement implementation plan.

UNRA therefore contracted SMEC International Pty Ltd (SMEC) in association with Newplan Limited (NPL) to prepare the RAP for this project.

4 “Significant” is defined as meaning:

200 or more persons will experience resettlement effects. In addition to this numerical guidance, project

planners and the Bank should also determine “significance” of a project by evaluating the severity of

adverse impacts on disadvantaged groups (for example female- headed households, the poorest, isolated

communities, including those without title to assets, and pastoralists). Any project that has adverse

impacts on disadvantaged groups or ethnic, religious and linguistic minorities, or which affects the

poorest and most marginalized communities who do not have the capacity to absorb such impacts,

should be considered significant, requiring a full resettlement plan.



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1.2 Contents of Resettlement Action Plan (RAP)

This Resettlement Action Plan (RAP) summary covers; project description and justification, potential impacts, organizational responsibilities, community participation, socio-economic assessment, legal and institutional framework, valuation and compensation for loses, implementation schedule costs and budget, and monitoring and evaluation.



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2.0 PROJECT DESCRIPTION

2.1 Project Area

The project area is located in Mbale and Manafwa districts (see figure 2-1). The Mbale – Lwakhakha road starts at Bumbobi and goes through Bubulo - Busumbu up to Lwakhakha on the Uganda - Kenya Border in Manafwa District providing an international route to Kenya (figure 2-2). The road branches off from Bumbobi, outside Mbale Municipality, on the Tororo-Mbale Highway proceeding through Bungokho and Bushiende sub-counties in Mbale District (12.1 km), crossing rivers Manafwa and Namuhoma with a few marshlands. In Manafwa District the road (32.6 km) crosses Manafwa, Khabutoola, Bugobero, Butiru, Bubuto and Bumwoni sub-counties as well as Manafwa Town Council, the seat of Manafwa District, Butiru Township up to Lwakhakha Town Council. This road traverses a hilly terrain with nine trading centres; these are shown in Table 2-1, below.

Table 2-1: Trading Centres traversed by the Project Road

Section in Mbale Section in Manafwa Nabumali Trading Centre Mayenze Trading Centre

Bubulo Trading Centre Kufu Trading Centre

Bugobero Trading Centre Butiru Trading Centre Bubutu Trading Centre Munamba Trading Centre Lwakhakha Trading Centre

Below are maps showing the location and the proposed road for upgrade (Figure 2.1 & 2.2).



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Figure 2-1: Map showing the location of the Mbale and Manafwa Districts



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Figure 2-2: Map showing Bumbobi –Lwakhakha Road Presently the Road is a Class C unsealed road with an average carriageway width of 5.0 m and 1.2 m grassed shoulders each side. Side and mitre drains are heavily silted and /or heavily vegetated. The road will remain functional “Class C” and its design class will be “Paved Class II.”

The proposed road reserve will be set at 30 m width throughout the project road. This was reduced from the originally proposed 50 m corridor to mitigate against massive resettlement given the high population density and the mountainous terrain characteristic of the project area. This was reduced after preliminary assessment by RAP team and the design team as a measure to reduce on resettlement.

The project will consist of upgrading of the existing gravel surfaced road to bituminous standards following design criteria below:

Road functional “Class C” – (Primary Road); Road design Class is “Paved Class II” Design speed – The design speed of 60 km/h was adopted for the mountainous terrain

and 70 km/h for the rolling terrain. Built-up areas were designed to a 50 km/h design speed. (Table 2-2)



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Table 2-2: Section with design speed of 50km /h regulated by bumps and rumble strips

Road section Chainage Design speed (km/h)

Mayenze 12+500 to 13+300 50

Bugobero 21+800 to 25+900 50

Lwakhakha 43+200 to 44+682 50

The horizontal alignment adopted has been chosen to suit the topography and minimise overall cost, whilst the vertical alignment is very much governed by drainage and the need to raise embankment at low-lying areas or wetlands. 2.2 Project Justification The development of Bumbobi – Bubulo – Lwakhakha Road is a Ugandan Government initiative aiming at improving the current bad conditions of the road characterized by potholes, rapid loss of gravel, scouring of drainage channels and below standard road alignment. The carriage way width is small and this poses danger to driving especially during the rainy season. With this road developed, linkage between Mbale town and the people living on the slopes of mountain Elgon will be enhanced and the economic activity improved. Tourism and mining of vermiculate will benefit from this development. This road provides a strategic link between Kenya and Uganda. It is an access for taking food produce especially maize to Kenya and bringing industrial materials like chemicals for making soap and others from Kenya to Uganda. This route will also reduce the over- crowding of vehicles at Busia border post that wait for a long time to be cleared. This is because there is a connection from Nairobi to Busia road through Bungoma to Lwakhakha road especially for the vehicles proceeding to the East and Northern Uganda as well as Sudan.

The proposed upgrade is a basis on expected socio-economic benefits below, which may not manifest along an entirely new route:

Improve access to markets, social and health services and employment in local governments (districts of Mbale, Manafwa and the neighbouring Bududa) along the road. Along the road are found numerous schools, healthcare facilities, markets and trading centres access to which would be enhanced by an improved road. It is evident that an improved road would shorten travel time to medical facilities in case of medical emergencies such as road accidents.

The existing route provides a strategic link between Eastern Uganda, Kenya through Lwakhakha border and the Kampala-Gulu-Juba corridor. It is an access for exporting produce especially maize to Kenya and bringing industrial raw materials manufactured goods in Uganda from Kenya. This route will also reduce the crowding of vehicles at Busia border post that wait for a long time to be cleared. This is because there is a connection from Nairobi to Busia road through Bungoma to Lwakhakha road especially for the vehicles proceeding to the East and Northern Uganda as well as South Sudan. There will also be positive impact on tourism as the road will also be a route for tourists through Kenya to Mount Elgon.



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The route would become a key alternate transport route for national, regional, and international trade of the East African Community (EAC) countries - Kenya, Rwanda, Tanzania, Burundi and Uganda. Modernization of transport infrastructure along this corridor is critical for trade expansion and economic growth, which are key to the success of regional integration, creation of wealth, and poverty alleviation in these countries.

There are no negative trans-boundary impacts envisaged, but as indicated above, a key regional benefit of this road is enhancing connectivity between Eastern Uganda, Kenya and Kampala - Gulu - Juba corridor. This will improve regional trade.



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3.0 PROJECT IMPACTS Although upgrading of the gravel road to bitumen was planned to follow the existing alignment, there are a number of re-alignments in the design at different locations of the road. This will lead to impacts related to land loss, loss of residential (both permanent and semi-permanent) and commercial houses, community/social infrastructure, business units, shops, kiosks, hedges, strips of land, crops and trees (including fruit trees). Several structures will be affected especially in the different Trading Centres of Nabumali, Mayenze, Nabwima, Kubuyi 1 & 2, Bugobero, Namalogo, Bukofu, Butiru, Munamba 1, Sihana 1&2, Shikoye, Bukhomeli 1&2 and Lwakhakha Trading Centres as well as other places as detailed in the valuation report and the strip map. Impacts were identified through the land survey and property valuation and socio-economic survey. 3.1 Impact on Land

Permanent Land take

Affected land includes the road reserve which measures 15 meters on either side of the road centerline, areas where the contractor will locate workers’ camps, equipment yards and gravel quarries. A total of about 117.93Ha (291.41 acres) is expected to be acquired permanently for the project. Vertical alignment of the road works as well as side drainage construction will involve cut and fill slopes which will generally extend beyond existing slopes but within the 30 m road corridor to be acquired.

Table 3-1: Affected land area in the project districts

District Description Land take (Ha) Land take (Acres)

Mbale Road reserve 31.57 78.01

Manafwa Road Reserve 86.36 213.4

Total 117.93 291.41

The land survey that was conducted indicates 2986 plots will be affected by the project, 543 plots/pieces in Mbale and 2443 in Manafwa. Land loss severity is shown in Table 3-2.

Table 3-2: Land loss According to Severity

Item

Land Loss Classes

< 10% 11-20% 21-30% 31-40% 41-50% 51-90% 91-100%

Number of affected

pieces of land 562 705 568 370 271 383 93



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Item

Land Loss Classes

< 10% 11-20% 21-30% 31-40% 41-50% 51-90% 91-100%

Average loss per

household (Ha) 0.004 0.012 0.020 0.031 0.043 0.078 0.239

It should be noted that Table 3-2 showing severity of loss shows a total of 2952 land pieces which is less than the actual number affected. This is because severity assessment was not carried out on the land for institutions that belong to government as it is already government land. Table 3-2 shows that 562 plots will have a minimal impact on them as less than 10% will be affected. 383 pieces of land will be subjected to loss of 51-90% of the total size of land, while 93 plots will be subjected to loss of 91-100%. The table further indicates that 57% of all the plots will get affected by over 20%. This indicates that majority of the households will be significantly affected in terms of relative land loss and will not be able to maintain their livelihoods at at least the same level without some mitigating and income restoration support. Households losing below 10% and most likely those for 10% -20% will be able to continue living on their property. Households that will lose 50% may be able to continue living on their land with a comprehensive livelihood restoration support or will have to be resettled. However some further investigation will be required in the early stages of RAP implementation, that is, disclosure stage where the issue can be discussed together with the affected households.

Temporary Land take

During the road works, an estimated 45 Ha (111.2 acres) of land will be temporarily taken up for Camp Sites, Borrow Pits, Quarries, service roads and detours where productive assets, including land, income sources, and livelihoods may be lost.

Most of the land affected is customarily owned but there are some cases of registered land under freehold or leasehold tenures. These will be compensated irrespective of their ownership. 3.2 Impact on Structures, Crops and other properties

A list of affected structures and other property is given in the Table 3-2. In terms of communal infrastructure, three school blocks, two church buildings and one mosque will be affected. The project will work with communities and other stakeholders in handling of the affected facilities.

The developments and crops alike, on the land will be compensated, except for the annual crops such as maize and beans that can be harvested within the vacation notice period given. There is also community infrastructure affected including a fence for Court of Judicature at Manafwa and a block of building for Green Valley Nursary day and Boarding Primary School.



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Table 3-3: List of Affected Property

Type of Building/Structure No.

Permanent Structures

Commercial 347

Residential 94

Incomplete 76

School Blocks 3

Churches 2

Mosque 1

Semi-Permanent Structures

Residential 317

Kitchen/stores 65

Other Properties

Pit latrines 12 + 26 (semi-permanent)

Shades 14

Kiosks 5

Barbed wire fences 1685.5m2

Chain link 188.5m2

Local Hedges 2573m2

Earth Graves 93

Cemented Graves 35

Paved /Concrete yards 118.21m2

Gates 7

Septic Tanks 1

Boundary /retaining walls 98.3m

Water Tanks 4

3.3 Affected Households and Persons In total, the road upgrade will directly affect a total of 3113 households representing approximately 20,857 Project Affected Persons (PAPs) through loss of land, structures, crops etc considering that household size in the project area is 6.7 persons. Of the 3113, 2986 PAPS are land owners (543 from Mbale district and 2,443 are from Manafwa) while 127 are sharecroppers/licensees (25 from Mbale and 102 from Manafwa). Among the PAPs, 15.1% (470) are female headed households, 13.5% (420) are elderly headed households (65 years and above), 8.6% (267) widowed households and 1.6% (50) are children headed households (below 18 years of age). All these categories will either lose land, access to land, housing, crops and other property. Such loss of resources for subsistence and income may lead to exploitation of fragile ecosystems, hardships, social extensions, and impoverishment in which case the PAPs may have to try and rebuild their lives, incomes and assets base elsewhere



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Some natural resources like River Manafwa may be contaminated especially with soils during construction. The project may also have an impact on natural resources like springs and water supply pipes at Lwakhakha town and Nabumali trading centre as it may cause contamination of water if pipes get damaged. Mitigation measures for this have been highlighted in the ESIA report. (See figure 3-1 & 3-2).

A water source and electric pole at Kabaale trading centre that will be shifted during road construction

Figure 3-1 : Water source and Electric poles that will be affected

Transformer and electricity poles at Lwakhakha that will be shifted during road construction

Figure 3-2: Electric poles that will be affected.

3.4 Impact on Livelihoods



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This applies to those whose businesses are required to be relocated, but also to those who are employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. This impact will apply to commercial structures along the existing road that will be demolished. Such loss of resources for subsistence and income may lead to exploitation of fragile ecosystems, hardships, social extensions, and impoverishment in which case the PAPs will need project support to rebuild their lives, incomes and assets base elsewhere.

Considering that the people in this project area depend on the land for their livelihood, loss of land will affect them considerably. 3.5 Impact on Graves

A total of 93 earth graves and 35 cement graves will be affected by the road project. The compensation of graves by the project will consider support for the observations of culture and performing rituals involved in relocating graves

3.6 Alternatives considered to Resettlement

To ensure that such communities are not disadvantaged in the process of development, it is important to avoid or minimize the resettlement effects.

In most cases the losses are mitigated through compensation payable to the PAPs to help restore the quality of life and livelihoods of those affected.

To minimise negative impacts from displacement, the upgraded road design tried as much as possible to maintain the existing road alignment for most sections. Where this is not possible, other possible mitigation measures shall be considered before outright resettlement of any PAP is accepted.



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4.0 ORGANIZATIONAL RESPONSIBILITY Uganda National Roads Authority (UNRA) will be responsible for implementing the RAP. However a number of other institutions will be involved. The Ministry of Lands, Housing and Urban Development (MoLUHD) is a key institutional agency in which the Chief Government Valuer (CGV) who approves valuation and compensation reports sits. The Ministry is also responsible for issuance of land title deeds. District Land Boards in Mbale and Manafwa developed compensation rates and will be involved during RAP implementation, monitoring and grievance management. Local Councils will participate in mobilization and scheduling of compensation payment activities. Furthermore, Local councils will be involved in verifying identity of PAPs, land ownership especially customary land and grievance redress. District Committees are also expected to be put in place to participate in the implementation of RAP. This will comprise a member from District Land Board, District Councillors from the affected area, Local Council III Chairpersons of affected sub-counties, one Parish Land committee representatives, PAP representatives (woman and man) and NGO representative in the area.

A Verification Committee per parish will be necessary and will comprise of all Local Council Chairpersons of all affected villages, a trusted elder, PAP representatives (man and woman) and one member of Land Board. These have more knowledge of the communities and will mainly participate in disclosure and payments while the District Committees will participate in all RAP activities throughout the project.

AfDB will play a crucial role in the whole project including compensation and resettlement activities. Their guidelines together with those of Uganda will have to be adhered to and will also have external monitoring role.

In terms of the executing Agency, similar projects have been handled before and the organisation if fully facilitated to control the flow of activities and competently supervise consultants and ensure that the objectives of all stakeholders are harmonised and achieved successfully. A point to note is that the executing agency is adequately staffed. In terms of logistics, UNRA is sufficiently stocked. In regard to competency, given their experience on previous projects some of them much bigger than the proposed Bumbobi – Bubulo – Lwkhakha, it is evident that the UNRA staffs are competent to execute the foreseen resettlement activities.

However, given the number of on-going road development projects, UNRA staff my need support to undertake the entire process. Therefore, they will need to engage a Consultant to take on some of the roles. In either case, UNRA is expected to engage District Committees in the RAP activities. Implementation schedule is given in table 4-1.



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Table 4-1: RAP Implementation Schedule

Months

Project actions 1 2 3 4 5 6 7 8 9 1

0

1

1

1

2

1

3

1

4

1

5

1

6

1

7

1

8

1

9

2

0

2

1

2

2

RAP approval

RAP disclosure

Grievances

management

Compensation payment

RAP monitoring

RAP completion audit

Note: “ “indicates continuous activity. Grievances are expected to arise any time from disclosure through payment, construction and beyond (during monitoring and evaluation). They should thus be treated as such during RAP implementation.



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5.0 COMMUNITY PARTICIPATION 5.1 Stakeholder Identification During the identification of stakeholders, the Consultant aimed at all those people who were likely to have an interest or influence or who would most probably be involved in the process of the development of the project. 5.2 Public Participation Process

Public participation process started way back in 2010 and it has continued up to-date. During this process mobilisation of communities was carried out together with the local authorities at local council 1 as well as sub-county level.

Programmes for the community meetings were agreed with the District leadership who were given the opportunity to highlight sensitive aspects to guard against at the time when the surveys were coinciding with nominations of political leaders towards the forthcoming General Elections in 2011. The most recent consultation with the Project Affected Persons began November 2013. At this stage only the Project Affected Persons were Consulted and officials from Mbale and Manafwa Districts. Table 5-1 and 5-2 show the meeting schedules in 2010 and 2013 and table 5-6 gives a list of consulted officials (2013) while appendix C shows officials consulted in 2010.

5.3 Community Consultations

Programs for community meetings were drawn as shown in figure 5-1 and Table 5-2. Local leaders were informed of the dates and time of the meetings in advance and were requested to mobilize the PAPs in their respective areas, which they did.

Seventeen [17] community meetings were organized in the entire project area. Approximately 1,182 participants turned up for all the meetings and about 70 participants turned up for each meeting of which 11% were females and 89% were males. All community meetings were held in the local language, Lumasaba, understood by everyone in attendance. Attendance lists are attached as Appendix D pictures of some of some of the meetings are also shown in figure 5-2.

Table 5-1: Schedule of meetings for Bumbobi – Lwakhakha Road (November 2013)

Name of Villages in attendance Date Time Venue

Bukhumeka, Lukii, and Masalile 5th Nov. 2013 9am Lukii Catholic Church

Bumuyelelo Upper, Nangwasi, Bubentse, Nabumali TC

11am Nabumali TC

Muyekhe, Bukhumeka 2pm Muyekhe



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Name of Villages in attendance Date Time Venue

Mulatsi, Siyantsa, and Sikoye 4pm Mulatsi SS

Wopondo, Namikyelo, Buyaka 6th Nov. 2013 9am Wopondo

Buwele A, Butsena, Walanga, Namunyiri, Buwele B, and Namukese

11am Mayenze TC

Muririnyi, Bumulyanyuma, and Bubilabi 2pm Bubulo TC

Bumwangu, and Zerono 4pm Bumwangu

Bunangabo 1, Bumatola, Buwatsosi, Banambale, Buwebele,and Buwerwe

7th Nov. 2013 9am Khabutola S/C

Malukhu, Buwamala, Bumurumu 1, Kabale, Bumurumu 2, and Bumutoto

11am Bumurumu 2

Nambale, Nabikulu, Manyali, Bunabiro, and Bumateyo

2pm Bumateyo TC

Buwalimbwa, Mayanza, Bukhontso, Buwayoni, Buwamyama, Bumakheti, and Bukhisa

4pm Bukhofu TC

Buwafula, Buwamalelo, Busilali, and Bumulekhwa, Buwasipi

8th Nov. 2013 9am Butiru S/C

Bunabulwala, Buwangolo, Bufumbula, and Bunalungu

11am Bubutu S/C

Bumulika, Bumahafu, and Bumukhuyu, 2pm Bumahafu TC

Buyasele, Bukhomeli, Bulyuli, Nabunuli and Bukibumbi

4pm Buyasele

Lwakhakha Town Council 9th Nov. 2013 12pm Lwakhakha

28 Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013

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Table 5-2: Schedule of meetings for Bumbobi- Lwakhakha Road (2010)

Date and Time District Sub county Parish Village Venue

22/10/2010 9am 11:00 am 03:30 pm

Mbale

Bumbobi

Bumbobi

Masalile,Lukii, Bukhumeka II, Bumbobi Catholic Church

Busoba Nyondo Bushiende

Bumasikye Bunambutye Bufukhula Bunashimolo

Bubetsye central, Nabumali township, Bumuyelelo upper, Buwamalelo. Nashikaka, Siyantsa, Nakhaboko. Nakhaboko, Muyekhe, Bufukhula. Namala

Nabumali Township Mitolotolo Social Centre

23/10/2010 11:00 am 1:15pm 3:30pm

Mbale Bushiende

Bumayina Isango

Nabikhoso B, Mulatsi. Shikoye, Shiyantsa

Mulatsi Secondry School

Bumutshopa Bugwanyi

Wapondo, Bumakika, Lutembete. Buyaka B, Namikyelo

Wapondo Trading Center

Manafwa

Manafwa Town Council

Mayenze Ward

Buwere A, Buwere B, Namakese St.Mary’s college Mayenze

24/10/2010 1:30pm

Manafwa Town Council

Bubulo Ward Muririnyi I, Muririnyi II, Bulyanyuma. Bubulo Redcross Center.

25/10/2010 11:00am

Nabwima Nabwima


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25/10/2010 1:00pm

Khabutola Khabutola Bunangabo Bugobero

Namawanga, Buwerwe, Buwatsosi, Bunambale, Buwebele, Bumutola. Bunangabo I, Kubuye, Bumatola I. Bumurumu I, Mutala, Mutoto, Kabale.

Khabutola Sub-county Headquarters.

3:00pm

Bugobero

Bugobero Town Board Kiwata Nabikulu Kiyabungu Bunefule

Bunabiro, Bumateyo, Bunangabo II. Bunangabo I, Buwafutu, Bumurumu II, Kiwata, Butumwa I, Butumwa II, Bumufumi, Bukusu, Salosalo. Nabikulu, Manyali, Busangayi III Nambale

Bunangabo I Growers Cooperative Society.

26/10/2010 10:00am

Bukhofu Sisuni

Namaloko Bumakambo

Buwalimbwa, Bukhonzo Buwanyama lower. Bukhisa

Namaloko Trading Center

12:00pm Butiru

Bunabwana Butiru Town Board

Buwasibi Bumuketsi Bumulekhwa, Buwafula, Buwamalelo

Butiru Township

2:00pm Bubutu

Bumulika Bubutu Town Board. Bumusomi

Bumulegi, Bumalanga, Busiemba. Bumatanda, Bubutu T/C Buwandyambi. Busiwuma, Buwangolo, Bumandali.

Bubutu Sub-county Hqtrs

27/10/2010 11:00am

Bubutu

Bumuyonga

Butsekeleyi, Bumukhuyu, Buwetsala, Bumahafu.

Bumahafu (Musibala’s residence)


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1:00pm

Bumwoni Kisawayi Butemulani

Buyasele, Bukibumbi, Bukhomeli, Bulyuli. Nabunulu

Buyasele (Pentecostal Assemblies of God) Church.

27/10/2010 2:30pm

Lwakhakha Town Council

Lwakhakha Ward Bukemo Ward Butemulani Ward Bukibayi Ward

Lwakhakha B, Nabutiti cell, Lwakhakha Central, Bamboo cell, Mvule Cell, Mango Cell, Market cell, Kibayi Cell, Lwakhakha north Cell. Sikhana A, Bukemo A, Bukemo B, Rock Cell, Senior quarters. Butemulani II A, Kibay, . Bulyuli Cell.

Lwakhakha Town Council



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A community meeting in Bubutu Sub county, 8th

November 2013

Masalire, Buhumeka and Luki Village Meeting at Bumbobi

Catholic Church, 2010

A community meeting in Mayenze Church, 6th November

2013

Bugomero TC meeting at Bunangabo Growers Cooperative meeting, 2010



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Community meeting at Nabumali Trading Centre, 5th November 2013

A community meeting at Lwakhakha Town Council 9th, November 2013

Figure 5-1: Pictures of Community Meetings held in the Project Area in 2010 and 2013.

5.4 Issues raised during consultations

Throughout the discussions with the community members, a number of issues were raised. Table below presents a summary of PAPs Concerns

Table 5-3: Summary of Issues raised during Community Meeting (November 2013)

Subject Issues Raised

Demolition of affected structures

In almost all the meetings, PAPs expressed fear that their properties will be demolished before they are paid their compensation packages compensated.

Water sources Some PAPs expressed fear that the road contractor will destroy water sources such as boreholes and wells along the road that serve the communities.

Forceful eviction Majority of the PAPs are worried that government will forcefully evict them without compensation for their affected properties such as land, structures and trees.

Job opportunities The PAPs requested that both the developer (Government) and contractor should ensure that local people are given priority to work.

Quality of the work In almost all the meetings, the PAPs emphasized that government should employ a competent contractor to construct the road.

Accidents It was also suggested that in busy trading centers humps, and road signs should be installed to minimize over speeding thereby reducing accidents

Corruption PAPs expressed fear that some government employees will



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extort money from them and as a result they demanded for transparency during compensation exercise.

Part payments PAPs are very much worried that government has habit of paying monies in installments. PAPs demanded to receive all monies due to them in full without any delays.

Enough time for relocation PAPS requested government to give them adequate time to enable those whose properties are affected to relocate.

Adequate compensation The project affected people asked that government pay them adequately so as to enable them to replace their assets.

Table 5-4: Summary of Issues raised by District officials (November 2013)


Plant trees on the road reserve

The Chief Administrative Officer of Manafwa District, Mr. F.K Rwabuhoro pointed out that the district has plans of replanting mvule trees on the road reserve after road construction. The mvule trees will add a beauty to the newly constructed road. He also stated that PAPs should be paid reasonable values to replace their lost property.

Sensitivity of land Mr. Rwabuhoro also advised on a go slow because land matters are very sensitive and as a result local leaders have to be fully involved in the project.

Enough time to relocate PAPs should be given enough time to find land elsewhere and to construct structures before the roadwork starts.

Involvement of technical staff at the district

The District Planner for Mbale Mr. Waniale Abdallah proposed that some of the district technical staff like the District Engineer be involved in the project such as foreseeing the activities.

Scarcity of Land As regards the issue of scarcity of the land in the area, Mr. Waniale and Mr. Tegiile Julius (Chief Financial Officer, Mbale) both suggested that government should convince the district political leaders of Mbale to sell them land on which some PAPs can be relocated.

Table 5-5: Summary of Issues raised during Community Meetings (2010)

Subject Issues raised

Relocation of Graves Many expressed the fears of relocating the graves of their dead. Culturally it is a taboo to relocate the dead in their culture, but they will accept on condition that Government assists them financially and gives them time to relocate.

Infertile and isolated relocation land

Others feared they may fail to get good land to relocate to. They asked for enough time to look for good land in good areas of their choice.

Commercial Buildings Demolition

The business community feared it will take them time to construct new buildings for their business, hence losing their customers yet getting new customers is not easy. They also feared that the Contractor might start work before they are compensated. Commercial building owners feared under valuation of their properties making it difficult for them to put up similar structures because of the rising cost of building



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Subject Issues raised

materials.

Corruption and Owner Trespass.

People requested early notification before the surveyors and valuers begin their work to allow them check on possible fraudulent claimants on their properties. They requested that District officials should not directly be involved at this stage.

Famine and Hunger Members feared that the Contractor might bring in the road equipment before compensation. This will mean demolishing their property, vandalizing their gardens and destroying their crops without replacement leaving them homeless and prone to famine.

Compensation Members feared that those in the Road Reserve might not be compensated. They said that while putting up their structures they were following the 15 meters and 10 meters road reserve guideline for main roads and feeder roads respectively.

Delayed Payments That compensation payment might delay making it impossible for them to resettle in time. If District paying agents are involved, they will pay in instalments after long periods of time and in most cases don’t pay the last instalment.

Un-Surveyed Land Others expressed fears of non-payment of unregistered or land without titles. They said that some people are telling them that they might not be compensated for that type of land tenure system yet customary land ownership is the common land tenure system in the area.

Theft and Robbery Some community members were worried that there will be an increase in theft and robbery during compensation time as those being paid will be targeted. They suggested that payment through the bank can reduce the robberies and thefts.

Table 5-6: List of District Officials Consulted

Name Officials Consulted at the Districts Contact

Mr. Waniale Abdallah Mapomu District Plan, Mbale 0772903626

Mr. Namara Edson Michael District Surveyor, Mbale 0392899406

Mr. Tegiile Julius M. Chief Financial Officer, Mbale 0784190866

Mr. F.K Rwabuhoro Chief Administrative Office, Manafwa 0772405957

Mr. Wanono Paul Town Clerk, Manafwa Town Council 0779835126



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6.0 INTEGRATION WITH HOST COMMUNITIES

The road project being linear in nature, it is expected that most PAPs will reconstruct their homes on the remaining pieces of land (backward resettlement). In case the remaining land is not enough, it is expected that PAPs will construct their homes within the same villages, towns or communities.

During consultation, the PAPs who need resettlement expressed the need to remain within their villages. It is there expected that most PAPs will be able to find land to construct their new homes within the same villages, towns or communities. This will allow them to resettle within their old communities, to which they are familiar, and to maintain their social networks.

However, it is noted that due to the population pressure and small land holdings some PAPs might also resettle on small pieces of land and cultivate away from where they are resettled. In this case, there is possibility that some PAPs might relocate to entirely new host communities but within the same sub-counties, which have similar social characteristics and the cultural values.



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7.0 SOCIO-ECONOMIC BASELINE The baseline survey of all affected persons in the project area was carried out early November 2013. 7.1 Socio-economic Survey Methodology Preparations for the socio-economic survey included preparation of a questionnaire and training of enumerators. To collect the necessary data household interviews were held with all household heads. Collected data was later entered in and analyzed by use Ms SPSS (Statistical Package for Social Scientists). Qualitative data was collected through conducting key informant interviews with community leaders, focus group discussions and community meetings. Analysis was by use of thematic procedure and content analysis. Using the thematic procedure, data was summarized into merging themes. The themes were analyzed and interpreted according to survey variables. Content analysis was used to analyze data that was not frequently reported but had profound implications for the survey variables. 7.2 Demographic Characteristics 7.2.1 Population According to the National Population and Housing Census 2002, Mbale District had a population of 191,700 males and 201,201 females while Manafwa District had a population of 262,566 people. The table 7-1 below indicates the population of affected Sub Counties through which the road traverses.

Table 7-1: Population Statistics in the Affected Sub-counties

Districts Sub Counties Males Females Total

Mbale Bumbobi 7,400 7,560 14,960

Busoba 9,600 9,900 19,500

Nyondo 6,600 6,700 13,300

Bukeinde 10,750 11,068 21,818

Manafwa Manafa TC 6,761 7,093 13,854

Khabutola 5,456 5,983 11,439

Bugobero 8,567 9,394 17,961

Bukhofu 4,910 5,172 10,082

Sisuni 2,069 2,180 4,249

Butiru 7,945 8,370 16,315

Bunabwana 3,138 3,305 6,443

Bubutu 10,568 11,221 21,789

Bumwoni 6,565 7,170 13,735

Lwakhakha TC 5,449 5,951 11,400

Total 95,778 101,067 196,845 Source: 2010/11 – 2014/152012 Mbale and Manafwa Districts Development Plans



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7.2.2 Household Size, Composition (Gender and Age of Household Head) The household survey indicated that household size in the project area is 6.7persons. 84.9% of the surveyed households are headed by males while 15.1% are headed by females. The average age of the household heads is 46 years with the youngest being 15 years and the oldest being 100 years. Most (28.8%) of the household heads are in the age group of 36-45 years, followed by those in the age group of 46-64 (22.7%) and those in the age group 18-25 (16.3%). The households headed by the elderly (64 years and above) are 13.5%. Figure 7-1 below shows the categories of household heads in terms of age.

Figure 7-1: Shows the age categories of household heads in the project area

7.2.3 Marital Status The findings of the socioeconomic survey show that majority of the household heads (64.2%) are married with one wife whereas 20.4% of the household heads had more than one wife (practicing polygamy). The results also show that 4.8% are single (never been married), 8.6% are widowed and 2.0% are divorced. Figure 7-2 below shows the marital status of PAPs in the project area



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Figure 7-2: Marital status of Household Heads

Consultations with the PAPs revealed that family wrangles related to compensation could arise in polygamous families. The project shall therefore ensure that the issue of polygamous families is critically handled during the compensation process with the help of the existing local administrative systems at village level. In African typical setting, a man is the head of the household. However, in some cases where a man fails to fulfil his duties such as providing for the family, a woman is regarded as the head of the family. 7.2.4 Religious Affiliations The findings of the socioeconomic survey show that Christianity is the predominant religion in the project area represented by 52.2% Protestants and Catholics 29.7%. The Muslims constitute only 9.6% of the households while other religions collectively constitute 9.6% of the population. Other religions include African Tradition, Born Again Christians, Seventh Day Adventists and Jehovah’s Witnesses. The figure 7-3 shows the different religious affiliations in the project area.

Figure 7-3: Religious Affiliations



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7.3 Livelihood Activities

The findings show that agriculture is the predominant source of income for the households in the project area. Majority (79.4%) of the household heads are peasant farmers. Other household heads derive their income from formal employment (6.7%), casual labour (1.7%), trading (5.0%), service provision – salon, transport etc. (1%), fishing (0.2%) and others 2.1%. The most common type of farming practiced is crop farming, followed by animal rearing and tree farming. The crops commonly grown include beans, maize, potatoes, sweet potatoes, bananas, cassava, sorghum and vegetables. The trees commonly grown include pine, eucalyptus, grevillea, fruit trees like guavas, avocado and oranges, etc. For households that rear animals, the findings revealed that the most common animals reared are goats, cattle, poultry, pigs, sheep and rabbits. The household survey results show that majority of the households (73.4%) sell their produce to the village markets, 4.5% to the local trading centres, 9.9% to the local produce buyer, 8.6% at the farm gate, 1.2% to the cooperative, 1.1% to the border markets, and 1.2% to other markets. 7.4 Income and Expenditure

In regard to income, the findings of the socioeconomic household survey indicated that the average annual income for household heads in the project area is UGX 4,931,041 (1,897 USD) implying that their average monthly income is UGX 410,920 (158 USD) and daily income is UGX 13,697 (5 USD). From the survey about 56.4% of household heads earn USD 360 or below per year which is equivalent USD 1 Dollar below per day. This is below poverty. In terms of expenditure, the findings show that items spent on by ranking in their order from highest to lowest are school fess, medical bills, food and transport. Other items spent on are clothing, water, energy and rent in ascending order (Figure.7-4). This was attributed to the fact that majority of the affected persons own their residential houses and thus they do not pay rent.

Figure 7-4: Expenditure



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7.4.1 Assets owned The findings from the socio-economic household survey indicate that the most common assets owned are land (98.6%), house (92.9%), radio (28.0%), domestic animals (29.2%), bicycle (17.1%), television sets 10.2%, cars 1.7%, and 4.6% motorcycles. In particular the types of assets owned are a proxy measure for their socio-economic welfare. 7.5 Land Tenure and Size Consultations with several stakeholders as well as the project affected people revealed that most of the land in the project area is under customary tenure system. The socioeconomic findings indicate that majority (91.8%) of the households are under customary land tenure system, 6.0% use the land under leasehold/freehold, and 2.2% of the land is under communal use. Consultations with the PAPs revealed that most people live on plots of lands (small pieces of land) due to high population density. 7.6 Access to Social Services 7.6.1 Health

According to Manafwa District Development Plan 2010/2011 to 2014/2015, Manafwa district has 11 health centre IIIs, 2 health centre IVs, 3 health centre IIIs and there are 7 health units owned by Non-Government Organizations. These health units have both inpatient and outpatient services. In regard to access to health facilities, majority of the households (17.5%) travel a distance of 1-3 km, 32.3% travel 3-5 km, 15.9% travel up to 500m-1km and 28.6% travel more than 6 km to reach the nearest health facility. Majority of the respondents (61.1%) travel more than 6 km and 5.7% travel less than 500m to reach the nearest health referral facility. Consultations with the PAPs revealed that major challenges faced with the health facility are long distances, insufficient drugs, inadequate health personnel and equipment. Other challenges reported included poor service by the medical personnel. Observations also showed that there is a problem of a poor road network in the villages and some of the health units are dilapidated hence need for renovation. In regard to common diseases, the findings indicated that malaria was the most common disease as reported by 53.0% of the household heads, followed by cough (20.0%), water related diseases (diarrhoea, dysentery) – 2.9%, intestinal infections (2.0%), respiratory infections (2.2%), ulcers (4.9%), skin diseases (2.2%), Sexually transmitted diseases including HIV/AIDS reported by only 4.9% of the respondents, burns 0.8% and other diseases 7.1%. The figure 7-5 shows the most prevalent diseases in the project area.



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Figure 7-5: Prevalent Diseases in the project area

7.6.2 HIV and AIDS

Tables are turning on the Uganda HIV/AIDS success story. The gains made in the last two decades are fast getting eroded by the increasing number of new infections. The 2011 Uganda AIDS Indicator Survey (UAIS) results showed that 6.7% of Ugandan adults aged 15-49 years are HIV positive. The survey showed that HIV prevalence is higher in women (7.7%) than in men (5.6%). HIV prevalence rates vary enormously by marital status whereby those who have never married and never had sexual intercourse are the least likely to be infected. Also Ugandan women in urban areas are more likely to be living with HIV than women living in rural areas. Consultation with the PAPs revealed that health units in the area are offering HIV/AIDS services such as Voluntary Counselling and Testing and HIV/AIDS awareness campaigns. 7.6.3 Education

Education is important because it contributes to improved living conditions not only for the individual household but for society as a whole. Reproductive behaviour, the use of contraception, health habits, school attendance of household members and habits relating to hygiene and nutrition are all influenced by education. The findings of the household survey show that majority of household heads (44.2%) attained primary level education, 8.3% did not attain any formal education, 30.0% attained secondary level education, 5.3% attained tertiary/vocational level education and only 7.2% attained university level education. Figure 7-6 shows educational levels attained by household heads.



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Figure 7-6: Educational Levels attained by household heads

The socioeconomic results show that majority of male household heads have attended school as opposed to their female counterparts as indicated in Figure 7-2. The low levels of education are attributed to early marriages for girls, and lack of interest of parents in educating their children in the early days. The Table 7-2 shows the educational levels by gender of the household heads in the project area.

Table 7-2: Educational Levels by Gender

Education Levels by Gender

Sex None Primary Secondary Tertiary University Total

Male 131 788 682 103 146 1850

Female 51 175 81 12 11 330

Total 182 963 763 115 157 2180

The findings of the survey show that 10.7% of the households travel a distance of less than 500m to the nearest primary school, 26.2% travel a distance between 500m-1km to school, 42.7 travel 1-3kms, and 20.4% travel more than 3km households the nearest primary school. In regard to access to secondary schools, the findings show 23.0% of the households travel a distance of more than 3km to reach the nearest secondary school, 44.0% trek a distance between 1-3km, 23.9% trek a distance between 500-1km and 9.1% trek a distance of less than 500m to the nearest secondary school. Figure 7-7 illustrates the distances travelled to reach the nearest primary and secondary school respectively.



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Figure 7-7: Distances to the nearest Primary and Secondary School 7.6.4 Water Supply

In the project area, the sources of water are boreholes (34.8%), protected springs (22.8%), river/lake/streams (16.7%), stand post (11.6%), unprotected springs at 11.3%, and other sources is 2.7%. In regards to sufficiency of water, 83.1% of the households interviewed acknowledged that water was sufficient throughout the year whereas 16.9% of the households responded that some water sources are insufficient during dry seasons. In regards to distances, 43.2% of the responded trek a distance 1-3km to fetch water, 39.2% travel a distance of between 500m-1km in search of water, 17.2% of the people interviewed travel less than 500m and 0.3% of the trek a 3km plus in search of water.

Figure 7-8: A water source at Kabaale trading centre that will be shifted during road construction



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7.6.5 Energy Observation shows that the project area is connected to electricity though many people tap power illegally which poses a danger to their lives. Some of them claim that electricity tariffs are high and thus they cannot afford connection fees and/or pay monthly bills. The household survey findings show that majority (67.8%) of the households use firewood for cooking, 25.1% use charcoal for cooking and 7.1% of the households use paraffin, electricity, biogas, solar and gas for cooking.

For lighting needs, majority of the households (78.8%) use paraffin. 14.6% of the households use electricity and 6.6% of the households use firewood, charcoal, biogas, solar and gas among others. 7.6.6 Credit Facilities In regard to access to credit facilities by the households, the socioeconomic household survey findings indicate that majority of them (7.6%) have a bank account while 92.4% do not. Furthermore, 18.3% of the households have access to credit facilities such as loans from commercial banks and SACCOs while 81.7% do nots. The project will work hand in hand with the local leaders and the local banks to help PAPs without bank accounts to open them. 7.7 Vulnerable Groups Consultations with the office of the District Community Development Officers of Mbale and Manafwa revealed that vulnerable groups include orphans, child heads of households, poor widows, the elderly (65+ years), the landless and households with very low incomes. According to the socioeconomic findings, there are vulnerable groups among the household heads in the project area and these include the elderly who are 13.5% (420), children (less than 18years) (1.6%) (50), the widows (8.6%) (267), 15.1% are female headed households (Hhh). 23.5% of the Hhh interviewed indicated they have a disabled person in their household. 2.7% of the Hhh are both widowed and elderly. Of the Hhh, 2.7% (84) of them are persons with disability. This disability ranges from physical disability, mental illness; some are deaf while others are blind. It was also found that 0.3% of the HHH are disabled widows. There was one extreme case where one widow was disabled and elderly. 0.18% of the Hhh are both child headed and disabled. These make them more much more vulnerable than other categories. This indicates that about 23.3% of all the Hhh are vulnerable. These will need extra care in addition to assistance in terms of getting resettlement issues done. Like transporting them to disclosure venues and payment venues etc They mainly grow bananas and seasonal crops like beans and maize. For all, land ownership was through inheritance. In terms of incomes it was established that these minors actually earn nothing and mainly survive through subsistence agriculture, a clear characteristic of poverty. In most instances, these children had guardians staying with them for support but unfortunately most of these guardians were also vulnerable members (elderly) of the society. This implies that they will need special attention in terms of rehabilitation and livelihood support and ensuring that that their status does not get worse than the pre-project period.



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7.8 Gender Considerations During the consultative meetings with the community, it was revealed that majority of the women do not own property including land and cannot participate in key decision making. Given the patrilineal cultural setup of the ethnic groups in the area, decision making including the right of inheritance is dominated by men. In regard to access to credit, the lack of collateral makes it difficult for the women to access credit from financial institutions. The 2002 Uganda Population and Housing Census Analytical Report (UBOS 2002) revealed that nationally, the majority (66%) of the working women aged 14-64 years were unpaid family workers and only 10% of the working women were paid employees. During the construction of the road, the developer and the contractor should work towards gender balance.



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8.0 POLICY, LEGAL FRAMEWORK AND INSTITUTIONAL FRAMEWORK

8.1 Policy Basis

The RAP for Mbale - Bubulo - Lwakhakha Road Project is prepared in accordance with the Resettlement / Land Acquisition Policy Framework and the Land Acquisition Management System (LAMS) issued by UNRA in 2009 and in accordance with the African Development Bank Guidelines on Involuntary Resettlement.

The RAP objective is to provide a plan for the Resettlement and rehabilitation of PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels.

To achieve this objective the RAP provides for compensation measures so that the income earning potential of PAPs are restored to sustain their livelihoods.

8.1.1 AfDB Safeguards Policies on Involuntary Resettlement .

ADB’s Policy on Involuntary Resettlement was adopted in and became operational in January 1996. This policy was up dated in November 2003 after incorporating in lessons learnt. The policy requires that involuntary resettlement be an integral part of project design, dealt with from the earliest stages of the project cycle. In general the policy has been developed to address involuntary physical displacement and/or loss of other economical assets of people caused by Bank-financed projects and programs. The policy is intended for the executing agencies in the borrower countries and for Bank staff involved in identifying, preparing, and appraising projects that involve involuntary resettlement The policy specifically aims to:

Avoid involuntary resettlement wherever feasible

Minimize resettlement where population displacement is unavoidable by exploring viable project options.

The policy also provides for individual or communities in case of loss of land, means of livelihood, social support systems or way of life they should be

Compensated for lost assets and loss of income and livelihood

Assisted for relocation

Assisted so that their economic and social future will generally be at least as favorable with the project as without it

Provided with appropriate land housing infrastructure, and other compensation, comparable to the without-project situation

Fully informed and closely consulted on resettlement and compensation options.



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The policy also species that lack of formal legal title to land should not stop anyone from being compensated or given any other assistance. Appropriate assistance should be provided to poorest affected persons such as female-headed households, and other vulnerable groups such as indigenous peoples. For every project that involves physical displacement of people from homes, lands, other assets, resources or services or loss of income and livelihood, the policy requires that the government of the borrowing country or private project sponsor (developer) submits a satisfactory Resettlement Plan with time bound actions and budgets before loan appraisal. 8.1.2 Difference of Ugandan Laws and AfDB Safeguard Policies on Resettlement

There are some differences between the policies and guidelines of Uganda’s development partner’s and the Ugandan laws on this matter.

While Ugandan laws restrict themselves to fair, adequate and prompt compensation (which is interpreted to mean cash), the AfDB’s policies and guidelines extend to provisions of alternative land and options of resettling some project affected persons.

8.2 Legal Framework, Laws and Regulations

There are a number of national and local legal frameworks that regulate the land relations in Uganda. These frameworks define land rights, ownership, procedures and requirements of transfer and acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or a public body for public projects.

Among the most important legal instruments in this regard are the following:

1. The Constitution of Uganda (1995);

2. The Land Act (1998);

3. The Local Government Act (1992);

4. The Road Safety and Traffic Act (1991);

5. The Land Acquisition Act (1965);

6. The Access Road Act (1964);

7. Local Laws Relating to Construction of Roads in Rural Trading Centres

While all matters relating to land acquisition, compensation and resettlement are managed within the provisions of the above legislation, the most decisive document in this regard is the Land Act of 1998, as amended.

8.2.1 The Constitution of Uganda (1995)

Article 237 (1) of the Constitution vests all land in citizens of Uganda. However, under Article 237(1) (a), Government and Local Government may acquire land in public interest. Such acquisition is subject to the provisions of Article 26 of the Constitution, which gives every person in Uganda a right to own property and prohibits forceful seizure of



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individual property including land by any authority including Government without adequate compensation.

The Constitution also prescribes land tenures in accordance with which rights and interest in which land may be held (Customary, Leasehold, “Mailo” and Freehold).

It provides procedures for the "prompt payment of fair and adequate compensation" prior to taking possession of land.

The Constitution does not make resettlement a right.

8.2.2 Land Act (1998)

The 1998 Land Act addresses land holding, management control and dispute processing. The developer should seek to enter into mutual agreement with the occupier or owner of land upon payment of compensation.

The act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Committees (PLC) and land tribunals. Section 78 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by DLBs.

The basis for compensation is depreciated replacement costs for rural properties and market values for urban properties.

8.2.3 Roads Act (1964)

The Roads Act of 1964 provides for the establishment of Road Reserves and for the maintenance of roads. Section 3 of the Act declares as Road Reserve Area

"... an area bound by imaginary lines parallel to and not more than 50 feet from the centre line of any road" and "... no person shall, save with written permission of the road authority, erect any building or plant any tree or permanent crops within a Road Reserve".

In this respect all property that falls within the Right of Way and the Road Reserve will be valued and compensated for by the project.

This will have to be customised since there is no clear demarcation of the Road Reserve. Crops and trees will be evaluated and compensated and a period of six months will be given to the affected people to harvest all their crops in the Road Reserve.

8.2.4 Land Acquisition Act (1965)

This Act makes provisions of the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorise any person to enter upon the land and survey the land, dig or bore the subsoil or any other thing necessary for ascertaining whether the land is suitable for a public purpose.



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The Land Acquisition Act stops at payment of compensation. It is not a legal requirement to purchase alternative land for the affected people by the Project. Once they are promptly and adequately compensated, then the obligations stop there.

The Government through the MOLHUD will pay compensation to the affected persons.

There is no requirement or provision in the Law that people need to be moved or that alternative land be made available or bought. Each affected person entitled to be compensated; on receipt of his/her compensation is expected to move and has no further claim.

8.2.5 Access Roads Act (1964) CAP 350 The Act seeks to ensure that a private landowner/developer who has no reasonable means of access to public highway may apply for leave to construct a road of access to a public highway. The Act establishes a mechanism of applying for an access road to public highway and a legal regime to ensure the safety of the neighbouring environment. The Act permits the owner of any land over which an access road is to be constructed to be paid compensation in respect of the use of land, the destruction of crops or trees and other property on the land. The Act also has provisions for grievance resolution between the developer and owner of land over which the access is to be constructed by applying to magistrate’s court for leave to construct a road of access. This Act is applicable to this road as design and implementation of the road project is likely to affect access roads to the Bumbobi- Lwakhakha road that is to be upgraded. 8.2.6 Local Governments Act (1997)

The Local Governments Act provides for the system of local governments, which is based on the District. Under the District there are lower local governments, i.e. sub-county local governments and administrative units.

The system provides for elected Local Councils. The Chairman nominates an Executive Committee of each Council. The functions of the Executive Committee include:

1. Initiating and formulating policy for approval of the Council; 2. Overseeing the implementation of the Government and Council's policies, and

monitoring and coordinating activities of NGOs in the District; and 3. Receiving and solving disputes forwarded to it from lower Local Governments.

8.2.7 Road Safety Act (1991)

The Road Safety Act (1991) protects the community from accidents, by putting them off the Right-of-Way and it gives provision for social infrastructure.

However, the Road Reserves have generally neither been surveyed nor formally gazetted since their establishment by the Roads Act and for this reason there has been



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encroachment upon them with time, either knowingly or unknowingly, especially in dense populated areas.

The resettlement activity on the project alignment has taken these provisions into serious consideration during preparation of the RAP.

8.2.8 Local Laws Relating to Construction of Roads in Rural Trading Centres

These are pieces of legislation previously made by former local administrations in the form of byelaws which regulate the construction of roads in various rural trading centres. They seek to ensure that people build shops far from the centreline of the roads which pass through Trading Centres and regulate the mode of building which ensures safety of the public.

Shops are supposed to be built 50 feet from the centreline of the road. Byelaws also prohibit throwing of debris on any road.

However, the laws do not provide for enough space for expansion in the case of a rural trading centre developing into a big town, or in case of repairs and construction to improve roads. Owners of these shops stand the risk of their shops being destroyed if the need arises to expand the roads.


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Table 8-1: Comparison of Ugandan Laws and AfDB Policies on Resettlement and Compensation Item Ugandan Laws AfDB Recommendations

Preparation of Resettlement Action Plan

There is not provision in the Law The borrower will be required to prepare a full resettlement plan (FRP) for any project that involve a significant number of people (200 or more persons) who would need to be displaced with a loss of assets, or access to assets or reduction in their livelihood (Involuntary Resettlement Policy, section 11.0)

Compensation & Resettlement

Fair compensation and prompt is paid before occupying property

Compensation at the full replacement cost for loss of lands and other assets should be paid prior to projects implementation with the view to improve the former living standards, income earning capacity and production levels of the affected population. The improvement of these living standards should also apply to host communities. (section 8)

Land Valuation based upon market value of unimproved land plus a 15 / 30 % disturbance allowance

Full replacement cost

Permanent House

Valuation on case-by-case basing on materials, and the depreciated cost plus a 15 / 30% disturbance allowance.

Full replacement cost Replacement of houses for vulnerable households be considered

Non- Permanent

Valuation based upon the official district approved compensation rates with type of materials, condition and age taken into account plus a 15 / 30 % disturbance allowance.

Full replacement cost

Other Valuation based upon the official district Full replacement cost


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Item Ugandan Laws AfDB Recommendations

Structures (graves, toilets, plate rakes etc)

approved compensation rates with type of materials, condition and age taken into account plus a 15% / 30% disturbance allowance.

Crops

Valuation based upon the official district approved compensation rates and count of trees and crops on the affected land plot plus a 15 / 30% disturbance allowance.

Full replacement cost For the vulnerable, crops be replaced through purchasing land for them that is already having mature crops and /or provide seedlings to replace them as soon as possible (in addition to compensating affected crops)

Seasonal Crops Seasonal crops are not compensated for as it is expected that they will be harvested within the period of notice to vacate (6 months) after payment as stipulated in the Regulation 24 (b) of the Land Act (CAP 227).

All crops should be paid for Crops affected by the constraction activities before they are harvested shall be compensated for.

In Kind Compensation

There is no provision for in kind compensation, only cash compensation is provided for

at the minimum, land, housing, and infrastructure will be provided to the adversely affected population, including indigenous groups, ethnic, religious and linguistic minorities, and pastoralists who may have usufruct rights to the land or other resources taken for the project (section 10)

In kind compensation be considered for vulnerable households as they are less

able to cope with the many changes that come with loss of assets



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8.3 Institutional Arrangements

The institutional framework and arrangements for managing and implementing the project for those to be affected will involve four main agencies, i.e. Uganda National Roads Authority (UNRA), Valuation Division in MOLHUD, Mbale and Manafwa District Local Governments, Mbale Municipal Council, Manafwa and Lwakhakha Town Councils.

Roles and Responsibilities

In terms of compensation and resettlement, the overall responsibility, lies with the Executing Agency, the Uganda National Roads Authority (UNRA), directly and through the Consultant’s Compensation Payment Team to make the compensation payments.

8.3.1 UNRA

UNRA specific roles will be to source the compensation funds, approve the final alignment, ensure timeliness and cost effectiveness of the land acquisition activities consistent with the Land Acquisition Management System (LAMS) and coordinate with different stakeholders.

UNRA takes responsibility for resettlement and identification and coordination of other players especially with Mbale and Manafwa District Land Boards.

8.3.2 Ministry of Lands, Housing and Urban Development / Valuation Department

Ministry of Lands, Housing and Urban Development/Valuation Department expected roles are ascertaining the Property Compensation Rates passed by the District Land Board, ascertaining the values of structures to be compensated and advising the relevant Government authorities about compensation from time to time.

8.3.3 Uganda Land Commission (ULC)

Uganda Land Commission’s expected role is acquiring the land on behalf of Government (titles to the land). The Uganda Land Commission in collaboration with Mbale and Manafwa District Land Boards and Local Councils will facilitate applications for acquisition of land and issuance of land titles and ensure timely execution of the whole process.

8.3.4 Mbale and Manafwa District Land Boards

The Law provides that the roles of a District Land Board as scrutiny of applications for land acquisition, facilitating the registration of acquired land by ULC and facilitating the transfer of titled land acquired by ULC, ensuring that the PAPs have been compensated before transfer of ownership, and general mobilization of local leaders and members of Parish Land Committees.



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8.3.5 Local Councils

The roles of LCs are witnessing ownership claims, general community mobilization and immediate adjudication over ownership and boundaries and providing local guidance during the compensation process and facilitating meetings.

8.3.6 The Consultant

The Consultant’s roles are overall monitoring and supervision, quality control, support supervision, implementation reviews, follow up of titles for government, displaying strip maps showing property boundaries, plot numbers, ownership and respective valuations.

The Consultant, however, would be expected to work in consultation with the District Land Boards, Parish Land Committees, Local Councils (I-V), local leaders and representatives of the PAPs.

This Team will be supported by the Compensation Payment Team whose services shall be procured by UNRA in the next Phase of the Consultancy assignment to consist of Legal Expert, Accountant, Land and Valuation Surveyors.

8.3.7 The Contractor

During site preparation, installation and operation and decommissioning the Contractor will be responsible for ensuring compliance with all relevant legislation as well as adherence to all environmental and socio-economic mitigation measures specified in the ESMP.

The Contractor is also responsible under the contract for managing the potential Resettlement, Environmental, Socio-economic, Safety and Health Impacts of all contract activities whether these are undertaken by themselves or by their sub-contractors.

The Contractor will also be expected to demonstrate commitment to RAP implementation at all levels in his management structure.

The Contractor will be required to have in place individuals responsible for overall Social and Environment Management (including Community Liaison) and Safety and Health Management. The Contractor’s community liaison team will be required to work with Consultant’s Land Acquisition Specialist to implement the RAP.

The Contractor will be required to undertake regular social and environmental and socioeconomic Inspections and provide reports to UNRA for the Consultant’s Land Acquisition Specialist to monitor.



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8.3.8 Stakeholders and PAPs Involvement

UNRA shall continue to engage with the stakeholders throughout the project cycle. There will be a communication strategy to ensure that stakeholders receive information on the progress of work and its implications, employment and others.

This structure has been briefly described in the organisational responsibility chapter as well as under grievance resolution mechanism.



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9.0 ELIGIBILITY

AfDB’s Policy framework on involuntary resettlement provides that displaced persons in the following two groups are entitled to compensation for loss of land or other assets taken for the project purposes:

a) Those who have formal legal rights to land or other assets under the laws of the Country. Such category includes those who are physically residing at the project site and those who will be displaced or may lose access or suffer a loss in their livelihood as a result of the project activities.

b) Those who may not have formal legal rights to land or other assets at the time of the census but can prove that they have a claim such as land or assets that would be recognised under the customary laws of the Country. This category may also include those who have spiritual and or ancestral ties with the land (e.g. graveyards, sacred forests, places of worship) but may not be physically residing or having assets or direct sources of livelihood in the project.

The eligibility for compensation and resettlement has a cut of date referred to as entitlement cut off date as already discussed in earlier chapters.

The entitlement cut-off date refers to the time when the valuation assessments of the land and assets/developments on the land and a census of all the affected people are complete. The date of the census served as the cut-off date for eligibility and no new arrivals in the project area or assets created after the cut-off date are be eligible for compensation. During the survey and valuation exercise PAPs were informed of the cut-off date and its implications. It was agreed that the Cut-Off date is August 2012 the date of surveying and valuation.

9.1 Eligibility for Resettlement/Relocation

A total of about 527 households will be eligible for resettlement of which 314 will be backward resettled and 213 will be physically relocated to new sites (see table 9-1 and Appendix A- Strip Map). Resettlement will imply the construction of residential houses and auxiliaries at new resettlement sites. The new houses will be designed to detail during implementation. However, most as of these structures are also used for commercial as they are mostly in trading centres. This will require further assessment at implementation such that only structures that are used for residential purposes are replaced. However, reconstruction of new houses is not provided for in the Ugandan Law as shown in Table 8-1. Therefore only the vulnerable households will be considered for this arrangement. Among the affected households, about 23.3% are vulnerable as already indicated as a result of either being child headed, elderly (65yrs and above), widowed or being affected by different disabilities. All these are vulnerable and less able to cope with the changes and loss. Out of the



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527 households that will need to be physically moved, 123 are vulnerable using the percentage of the vulnerable compared to the total number of affected households. The figures for the vulnerable households provided in the table 9-1 below will need to be validated during implementation.

Table 9-1: Number of Households that need to be resettled

Resettlement Type

District Total No. of House holds Mbale Manafwa

Backward Resettlement 82 232 314

Relocation 67 146 213

Total 149 378 527

Vulnerable Households

Backward resettlement 19 54 73

Relocation 16 34 50

Total 35 88 123

9.2 Resettlement of Vulnerable Persons All affected vulnerable households whose family home (principle place of residence) is located within the project corridor (30m) and are likely to be displaced to give way for the project but the remaining/residual piece of land is not enough to enable construction of their replacement houses on the same piece of land. Such a household will have to be moved from that piece of land to another. This activity will be part of the RAP implementation and will be carried out by UNRA or the Consultant who will be implementing the Resettlement Action Plan on their behalf. All vulnerable households will be offered seedlings to help them restore their livelihoods by replanting their lost cash crops. In addition, the UNRA will assist them in opening up of bank accounts to ensure that they receive their compensation. In order to be sure of their food security during the transition period, the UNRA will endeavour to get them replacement land which already has mature crops. An additional allowance will be included for vulnerable groups who may be unable to resume agricultural production and\or be unable to benefit from retraining or income restitutions programmes. 9.3 Eligibility for Backward Resettlement

Households and persons eligible for backward resettlement will include all affected vulnerable households whose family home (principle place of residence) is located within the project corridor (30m) and are likely to be displaced to give way for the project, but the remaining/residual pieces of land are still big enough to enable construction of their replacement houses on the same piece of land..



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9.4 Eligibility for land in kind

According to AfDB policy on involuntary resettlement, all households who will lose above 20%

of their piece of land are eligible to receive land in kind. The whole extent of affected pieces of

land has been surveyed and percentage losses established (see Table 3-2, strip map attached

in appendix A and excel sheet in Appendix B). According to this policy, 1865 pieces of land

will be eligible for replacement in kind. However, replacement in kind is not provided for in

Ugandan laws. Therefore only the vulnerable households will be considered under this

arrangement.

Table 9-2: Entitlement Matrix

Type of person affected /Property lost

Entitlement

Loss of land Land will be compensated based on market value regardless of whether it is titled or customery owned.

Loss of land by vulnerable House holds

Land will be compensated based on market value regardless of whether it is titled or customery owned. However if the remaining piece of land is considered unviable, households will be entitled to land in kind5.

Loss of residential house Affected households will be entitled to cash compensation at replacement value (currently6 UGX 250,000 – 450,000,000 per square if permanent and UGX 40,000 – 150,000 per square metre if it is Semi-permanent).

Loss of Residential house by Vulnerable persons

Will be entitled to a permanent house7 with associated kitchen and sanitation areas. If the house was on someone else’s land and the vulnerable household does not have land anywhere else, project will purchase land for such household and construct house for them.

Other Assistance to the Vulnerable households

Will also be entitled to; Seedlings to replace their lost crops, Land that already has mature crops to ensure their food security in addition to compensating the affected crops. Be assisted by UNRA to open bank accounts so that they can quickly get compensated

5 Affected vulnerable households may prefer to identify land by themselves and ask UNRA to follow it up and pay.

Otherwise replacement land will be identified by UNRA together with the Local Authorities. A maximum amount of money to be used to buy replacement land per affected households will be set by UNRA 6 “Currently” refers at cut off date which is August 2012. The rate per meter mainly depends on the type of

materials use. 7 The permanent house should not be of so much higher standard than those in the village it will be constructed in

to avoid any bad feelings by the neighbors towards the affected household. Two or 3 prototypes will be designed

considering cultural aspects of the affected persons.



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Type of person affected /Property lost

Entitlement

Loss of public building (schools, church, mosque, etc)

Church building will be compensated in cash at replacement value (currently UGX 300,000 per square meter as it has bare burnt clay bricks, earth floor, match boarded timber door and windows) School block will be paid in cash at replacement value (currently UGX 390,000 per square meter as the outside of the buildings is not plastered) Mosque will be paid in cash at replacement value (currently of UGX 120,000 per square meter). It is built with burnt bricks and rough mud and wattle walls, earth floor, galvanised corrugated iron sheets on timber frames to roof, match boarded timber doors and windows.

Loss of Bananas Bananas affected by the project will be compensated in cash based on compensation rates set by the districts currently at UGX 3,000 - 6,000 per clump

Loss of Coffee

Coffee affected by the project will be compensated in cash based on compensation rates set by the districts currently at UGX 1,000 – 7,000 per tree

Loss of Jack fruit Jackfruit affected by the project will be compensated in cash based on compensation rates set by the districts currently at 15,000 - 100,000 per tree depending on the age and how it has been taken care off.

Loss of Mango tree Bananas affected by the project will be compensated in cash based on compensation rates set by the districts currently at UGX 20,000 - 100,0000 per tree depending on its maturity

Loss of other crops Other crops affected by the project will be compensated in cash based on compensation rates set by the districts currently at UGX 500 -30,000 per tree

Loss of other Trees

Other trees affected by the project will be compensated in cash based on compensation rates set by the districts currently at UGX 1,000 – 50,000 per tree depending on the type and maturity of the trees.

Although the land affected is along the road, the rates vary from area to area depending on whether the land is in the trading centre/town where land is sold in plots and can be developed for commercial purposes or outside where land is used for purposes like agriculture etc.



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10.0 VALUATION AND COMPENSATION FOR LOSSES

10.1 Valuation Methodology and Principles This exercise was preceded by sensitization of the communities by the valuation team in conjunction with the Local Authorities to explain the valuation and survey activities, how these activities will affect the communities and clarification of any queries the communities had. The valuation of assets was mainly based on the principles resulting from the provisions laid out in the Constitution of Uganda 1995 article 26 and the Land Act Cap 227 Article 77 and Article 59(1) e. A full census of affected persons and survey/valuation of their assets was completed on the cut-off date by Surveying /Valuation Teams who worked with Local Councils, especially LCIs of affected villages and town centres to verify the identity of affected persons and their physical assets including land sizes, crops, trees and buildings. Assessment for land taken was based on the open market value of land and in accordance with Section 77(1) (a) of the Land Act. During the exercise evidence of land values was obtained. All the land to be affected by the proposed new road was adjacent to an already existing road hence fetching considerably high land rates. Compensation payable for crops was computed using the District Compensation Rates 2011/12 in line with Section 9 and 77 of the Land Act. Enumeration of crops was done mainly by head count. However, enumeration by area coverage was also used where appropriate. Seasonal crops were not assessed as it is expected that seasonal crops will be harvested within the period of notice to vacate (6 months) after payment as stipulated in the Regulation 24 b of the Land Act (CAP 227) Assessment for semi-permanent structures were computed using the district compensation rates as already mentioned while permanent structures were assessed based on direct replacement cost with guidance from the Chief Government Valuer’s office. As advised by the CGV, structures that were slightly affected on the verandas were taken noted of but not included in the detailed valuation report. Therefore, marginally affected structures have been excluded from this report. It is assumed that a notice of at least six (6) months will be served to the affected persons to vacate the project corridor. Therefore, a statutory disturbance allowance of 15% of the total sum assessed was awarded in accordance with Section 77(2) of the Land Act. There are several vulnerable households among the affected i.e. those headed by terminally ill, widows, elderly people, orphans or people with disabilities. These will be provided additional assistance during resettlement.

10.2 Forms of Compensation Household level consultations will be held with affected persons before final compensation payment to ensure that the compensation package meets the expectations of the affected household. Tentatively the following forms of compensation will be offered:



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Cash compensation will be offered to households whose remaining land is economically viable.

A combination of cash and in-kind/resettlement compensation will be offered to vulnerable households whose principle places of residence will be affected but own land elsewhere.

Resettlement will be offered and negotiated with those households whose remaining land is not economically viable.

Resettlement will be offered to all vulnerable households whose principle places of residence are within the corridor and their residual pieces of land are not economically viable.

Cash compensation will be offered to all households whose principle places of residence are within the corridor and their residual pieces of land are not economically viable but can handle the process of relocation on their own.

A combination of cash and in-kind/resettlement will be offered to all households whose principle places of residence are within the corridor and their residual pieces of land are economically viable. That is all households with a possibility of backward resettlement.

Cash compensation will be offered to all affected households with structures located within the project corridor (30m) but when these structures are not their residential premises. These structures include kitchens, toilets, graves, shades, local hedges, gates, chain link and commercial buildings.

Cash compensation will be offered to all households with perennial crops within the project corridor.

Disturbance allowance of either 15% or 30% will be paid to all households depending on the time period they will be given to relocate.

Transportation and seed allowance shall be paid to households, during the transition period.

In addition to being technically and economically feasible, the resettlement packages will be compatible with the cultural preferences of the displaced persons and prepared in consultation with them.

10.3 Public Disclosure Public disclosure of the compensation will be carried out by a compensation committee. The individual household database will be updated after individual compensation disclosure. However, prior to the individual disclosures, the Compensation team/Committee will hold meetings with the District authorities with particular reference to the District land Boards, Community Development Officers, District Agricultural officers, District surveyors, Sub county Chiefs/Senior Assistant Secretary, Assistant community Development Officers, agricultural extension workers and the Chairperson of the Sub County land Committee. The objective of the meeting will be to update them about the project, introduce the implementing agency, and introduce the project procedures and principles to be followed during compensation, to elaborate their expected roles and responsibilities and to avail to them information about all the other stakeholders involved and their roles. In this meeting, the project schedule will also be discussed and finalised.



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At the village level, the first stage disclosure meetings by verification team will be organized at any convenient place in the affected area with area LCIs of all affected villages explaining the principles of compensation for different types of loss. In attendance will also be members of the District committees and verification committees, who are expected to have been elected prior to the disclosure phase. The second stage disclosure meetings will be at village level with individual households during which the results of the land and property assessment will be disclosed to them. The list of each affected individual will be published; however no amounts shall be indicated against each PAP. The third disclosure is individual meetings that will be held on individual basis with each affected head of household at an appropriate place in the affected village. The proposed compensation for land and other affected properties will be discussed. Family members have to express their consent at this level as required by Section 40 of the Land Act Cap 227. If the arrangement is agreeable to both parties a Consent Certificate will be signed.

10.4 Compensation for vulnerable people From the socio-economic survey, 1.6% of Project Affected Persons are less than 18 years, 13.5% are elderly and 8.6% are widows. All these together with the poor are vulnerable and less able to cope with the changes and loss. 2.7% of Hhh are disabled and these are even more vulnerable than others. Therefore all these households need special assistance. Those who will suffer significant loss on their land will be assisted to acquire replacement land. In case their structures are affected, compensation for the affected structures will be in kind. All vulnerable households will be offered seedlings to help them restore their livelihoods by replanting their lost cash crops. In addition, the UNRA will assist them in opening up of bank accounts to ensure that they receive their compensation. In order to be sure of their food security during the transition period, the UNRA will endeavour to get them replacement land which already has mature crops. An additional allowance will be included for vulnerable groups who may be unable to resume agricultural production and\or be unable to benefit from retraining or income restitutions programmes. PAPs also to be given land that already has mature crops to ensure their food security, seedlings to replace their lost crops, be assisted by UNRA to open bank accounts so that they can quickly get compensated. 10.5 Compensation Process A District Committee (Compensation Payment Committee) will be formed to draw up a payment plan to ensure that payments are not delayed. A verification team shall need to be set up and shall work hand in hand with the local authorities at village level before the actual payment takes place. The verification team will include the LCI Official and the Developer’s representative. After verification, compensation lists need to be updated before actual compensation can take place. This whole process is expected to take two weeks. 10.6 Payment procedure

It is recommended that a cash / electronic funds transfer ceiling be set at Ug Shs. 200,000. This will imply that payments less than Ug Shs 200,000 are made in cash while the



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compensation amounts above U Shs. 200,000 are paid by Electronic Funds Transfer through Commercial Banks.

As few of the affected households have bank accounts, they will have to open accounts in a local bank before payment can be made.

All parties involved will sign a compensation certificate. Signatories to the compensation certificate will include the recipient, local council representatives, member of the Parish Land Committee and a UNRA representative.

Each person who receives compensation will sign a compensation payment certificate and titled or untitled land transfer form. The Compensation Payment Certificate will clearly show different compensation amounts for land taken, land developments (crops, trees, structures) as well as the disturbance allowance. The following parties shall sign the Compensation Payment Certificate:

The Compensation recipient/Claimant

The UNRA Representative

The LCI Chairperson/Representative as a witness

The Land Officer of the District

Payment shall be done in the presence of the Local Government’s representatives and LC1 representatives as witnesses.

11.0 COSTS AND BUDGET The resettlement budget including implementation, monitoring and livelihood restoration and provision for vulnerable households is estimated at Uganda Shillings Twenty Nine Billion, Four



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Hundred Forty Two Million, Eight Hundred Twenty Two Thousand, Five Hundred Sixty Seven (UgShs 29,442,822,567) (or US $ 11,501,103 at exchange rate of Shs 2560 per US$). Table 11-1 shows a summary of all costs of Resettlement and Implementation while Table.11-2 gives a summary of budget per district, number of Hhh and affected property. The RAP recommends that vulnerable households be offered in-kind compensation for land and houses. In addition vulnerable households have to be given more assistance as indicated in the entitlement matrix table 9-1 to restore their livelihoods and also facilitated during the transition period. Costs for catering for vulnerable households have been included as a result of the figures from the vulnerable households to be relocated (table 9-1). An estimate of 50 million for each of the 123 vulnerable households has been included in addition to their compensation money in the valuation report to cater for construction of their houses and all other assistance. However, it should be noted that in situations where households are given in-kind compensation, the cost of land and residential houses in the valuation report will be excluded. It is either cash or in-kind option per affected property, but not both. In addition households will also be facilitated in the relocation of graves for those who will be willing to relocate the remains of their dead. Furthermore it will be very necessary to help PAPs restore their livelihoods. However, the budgets for this activity could not be worked out at the moment as it is highly dependent on the PAPs preferences but within the available options. The government of Uganda through UNRA will be responsible for the financing of land acquisition and resettlement costs under the project.

Table 11-1: All Costs for Resettlement and Implementation

UGX

Total Compensation 19,442,911,213

Relocation of Utilities8 ( 1, 200,000,000

Provision for Vulnerable Households at 30million9 @ of the households

3,690,000,000

Total Compensation and Relocation 24,332,911,213

Implementation of the Resettlement Action Plan, Monitoring and Livelihood Restoration (10% of compensation and relocation)

2,433,291,121.3

Total Budget for Resettlement and implementation

26,766,202,334.3

Contingency @ 10% of Total Budget 2,676,620,233.43

GRAND TOTAL 29,442,822,567.73

8 Some electric poles and water pipes 9 Permanent houses of medium size in the project area were valued at 25 million and it is based on this

that a figure per house has been estimated for construction of the residential house plus labour of about 5

million to give a total of 30 million.


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Table 11-2 Summary of only Compensation budget per district, number of Households heads and affected property

MBALE District (Number of households heads and Compensation package in Uganda Shillings, Ugshs)

Sub-county No. of villages

No. of house hold

heads


Cost for land




Total cost (Ugshs)

BUMBOBI 3 103 546,540,766 105,877,575 9,258,000 99,251,451 760,927,792

BUSOBA 5 120 327,863,300 356,948,187 15,216,500 105,004,198 805,032,185

NYONDO 4 86 171,346,440 91,375,465 9,286,000 40,801,186 312,809,091

BUKEINDE 8 259 445,810,535 373,083,117 20,724,000 125,942,648 965,560,300

Totals 20 568 1,491,561,041 927,284,344 54,484,500 370,999,483 2,844,329,368

MANAFWA District (Number of households and Compensation package in Uganda Shillings, Ugshs)

Sub County No. of villages

Number of household

heads


Cost for land




Total cost (Ugshs)

MANAFA TC 5 265 662,231,056 1,530,281,855 27,012,000 332,928,737 2,552,453,648

KHABUTOOLA 15 617 468,104,930 2,052,701,206 42,472,500 384,491,795 2,947,770,431

BUGOBERO 16 430 279,008,700 1,155,129,318 19,629,000 218,065,053 1,671,832,071

BUKHOFU 6 131 108,324,700 398,089,300 3,077,600 76,423,740 585,915,340

SISUNI 1 15 24,630,000 - 2,178,500 4,021,275 30,829,775

BUTIRU 6 218 439,434,049 1,057,625,854 9,497,000 225,983,535 1,732,540,439

BUNABWANA 1 35 38,567,500 70,914,890 216,000 16,454,759 126,153,149

BUBUTU 13 414 484,248,350 2,517,223,064 47,006,000 457,271,612 3,505,749,026

BUMONI 4 117 119,357,600 512,848,000 19,446,750 97,747,853 749,400,203

LWAKHAKHA 9 303 185,128,136 2,154,073,571 5,092,000 351,644,056 2,695,937,764

Totals 76 2,545 2,809,035,021 11,448,887,058 175,627,350 2,165,032,415 16,598,581,846

*Buildings and other improvements are inclusive of graves



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12.0 GRIEVANCE REDRESS MECHANISM

AfDB guidelines require that appropriate and accessible grievance mechanisms are established to resolve disputes in connection with resettlement and compensation. During the implementation of the project activities it is possible that disputes/disagreements between the project developer and the affected persons will occur especially in terms of compensation, boundaries, ownership of crops or land or use of land/properties.

These mostly arise when households consider compensation package for their assets to be insufficient, especially when PAPs doubt if valuation values do indeed provide replacement value or if PAPs misunderstood the compensation process and believe they are entitled to additional compensation.

UNRA directly or through RAP implementing Consultant, will constitute dedicated committees and procedures to manage and close out grievances. A grievance procedure will be established for resolution of the disputes and complaints. Consequently, a three-stage procedure for redress of grievances is proposed.

12.1 Committees 12.1.1 Grievance Committee at Parish level At parish levels grievance committees shall be established with the following members:

o The Chairman LC III or his representative, o The LC I Chairman, o The Secretary for women and children’s affairs o 2 representatives of the PAPs (1 female and 1 male) o A representative of the developer o A representative of the Parish Land Committee

These will be on this committee by the virtue of their leadership positions except PAP representatives who will have to be elected by other PAPs. 12.1.2 Project District Committees (at District Level) At district level, District Committees should be put in place to participate in the implementation of RAP. This will comprise a member from District Land Board, District Councillors from the affected area, Local Council III Chairpersons of affected sub-counties, one Parish Land committee representatives, PAP representatives (woman and man) and NGO representative in the area. These will be on this committee by the virtue of their leadership positions except PAP representative who will have to be elected by other PAPs. 12.1.3 Responsibilities of the Committees The Grievance Committee at Parish will responsible for:

o Mobilisation of project affected persons in the project area



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o Resolution of grievances related to all activities concerning land acquisition, compensation and resettlement operation.

o Participation in the planning of Community Development program o Investigation and resolution of conflicts between the persons affected o Identification and suggestion of mechanisms for resolutions of complaints raised o Maintenance of a detailed record of written complaints and responses to grievances o Investigation of allegations of irregular compensation, establishment of the truth and

recommendation of the way forward to ensure the smooth implementation; o Review whether all categories of impacts are being adequately compensated for and that

all categories of affected persons can at least restore their standards of living after resettlement.

The committees at the two levels have similar responsibilities but the District Committee will only receive cases that have not been resolved /failed to be resolved from the Parish Committee. These committees will participate in all compensation activities as well as grievance resolution up to the end of construction. 12.2 Grievance Redress 12.2.1 Stage I: Parish Committees Complaints of PAPs on any aspect of compensation or losses should first be lodged verbally or in writing to the Parish Committee. The complaint should be resolved by use of customary rules. It is expected that the Parish Committee will deal with the grievance within three days of receipt of the complaint from the affected person. If the complaint cannot be resolved at parish level it should be referred to the District Committee or Chief Government Valuer (CGV). For example upon determination that a specific grievance cannot be resolved by the Parish Committee when claimants contest District property or crop compensation rates, the Grievance committee will refer the complaint to the CGV. If the CGV fails to resolve this matter, the complainant may opt for legal assistance. 12.2.2 Stage II: District Committees The District Committee shall invite the complainant to produce documents that support the claims. This Committee will provide a decision within one week. In the event that the complainant is not satisfied with the outcome of the case by the District Committee they will be free to go to the Courts of Law. 12.2.3 Stage III: Courts of Law

The Constitution allows a right of access to the Courts of Law by any person who has an interest or right over property. As a last resort the complainant may therefore submit the case to Courts of Law. This may start at Area Magisterial Court of competent jurisdiction and finally The High Court. Figure 12.1 shows a grievance flow chart.



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Figure 12-1: Grievance Flow Chart

Grievance /Issue

From PAP, Other Resident or Community

Village Grievance Committee

Key Grievance Response

Is it resolved?

Yes

No

District Grievance Committee

Is it resolved?

No

Court of Law

Yes



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13.0 MONITORING AND EVALUATION OF MITIGATION MEASURES

Monitoring and evaluation is essential to ensure that RAP implementation achieves the desired results. Monitoring and Evaluation includes the establishment of socio-economic background data of the affected persons prior to actual land acquisition or physical relocation and regular monitoring of their situation for an extended period of time after land acquisition and relocation. In addition, qualitative and quantitative evaluations will be made to ascertain whether the resettlers and affected people achieve at the minimum their pre-project standard of living as a result of the livelihood restoration programme. A monitoring and evaluation framework for RAP implementation has been developed to include a plan for monitoring and evaluation of compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including AfDB. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule and support of vulnerable households. Monitoring will be both internal monitoring by UNRA, and External evaluations by AfDB and other national stakeholders. For internal monitoring, the Developer and Consultant will take full responsibility for conducting regular internal monitoring of the land acquisition, resettlement and compensation process. In addition, district staff will participate in resettlement monitoring and evaluation. 13.1 Monitoring indicators and Focus

During resettlement, monitoring shall focus on resettlement issues such as:

Number of families that have been compensated Number of people who have acquired legal documents to new property Number of business owners who have restored their businesses Efficiency and effectiveness of grievance redress mechanism.

Post resettlement monitoring should focus on rehabilitation issues for example:

Success level of restoration of livelihoods Success level of restoration of assets Efficiency and effectiveness of grievance redress mechanism.

In addition to the issues highlighted above the following will also be monitored: Internal Monitoring

Number of consultative meetings held with the community

Grievance issues by type and how they were resolved

Actual amount paid and timeliness of payment

The number of people and households who have been resettled to date



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Number of affected people (men and women) employed in project construction

Number of households resettled to date

Number and process of cultural property relocated to date

Number of households given resettlement land to date

Number of households that have managed to replace their cash crop gardens to date External monitoring may also focus on:

The progress of disbursement and provision of entitlements to the PAP

Comparison of pre and post resettlement socio-economic situations for affected households

Employment situation of affected household members

Condition and quality of land of temporary acquisition when it is returned to the original land users

Living conditions of the vulnerable households after resettlement

Incomes of resettled households

Quality of life of the resettled households 13.2 Review and Completion Audit A review of regular progress reports produced by UNRA will be carried out by all stakeholders both at national and local levels including the AfDB. After completion of resettlement, a final report will be submitted by UNRA to AfDB prior to preparation of the project implementation report. The report shall indicate effectiveness of project implementation and disbursement of compensation payments, effectiveness of public involvement and socio-economic impacts of roadside communities. This report will give overall assessment of the RAP process indicating activities undertaken, success of mitigation action and monitoring and well as useful lessons learnt. A key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and AfDB requirements.



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Appendix A: Strip Map (attached separately)



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Appendix B: Excel Sheets (Attached Separately)



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Appendix C: Officials Consulted (2010)

District Sub-County (Parish)

Village/ Trading Centre

Contact Person

Mbale

Bungokho (Bumbobi TC)

Buhemeka 2, Luki, Masalile, Bulumekati Nabinonwa

Vice Chairman Bumbobi Town

Bushiende (Bushiende)

Nabikosi, Mulatsi A Mulatsi B

Elizabeth Nandutu (Sub - County Chief), Kimbugwe Joseph (County Development Officer), Nabonga David (Health Assistant), Wanda Fred (Chairman LC III)

(Shikoye) Shikoye, Shiyatsi, Musese

Elizabeth Nandutu (Sub - County Chief), Kimbugwe Joseph (County Development Officer), Nabonga David (Health Assistant)

Manafwa

Manafwa (Mayenze)

Buthema, Buwele A, Buwele B, Bumutumu, Walanga, Bumulkhlwa

Ourumah Karingan Charles, (District Population Officer) Mutambu Peter(Town Clerk), Nakitto Madina (Senior Procurement Officer), Wanakinag.D (District Natural Resources Officer), Nekesa .J. Grace (Health Inspector) Naluwenda Lorna,Waneloba Benard, Kangala Timothy & Nekesa Suzan (Student interns) IP.Muyiyi James (Ag. O/C Stn.) Waip Khainza Lukia (O/C Stn. Lwakhakha), Okwii John Francis (No. 22150 EPL. I/C Duties), Madaya William (Sgt) &Were Ahmed (No. 35870 Radio Communicator )

(Bumangu) Nabuyima

Mutambu Peter(Town Clerk)

(Bubulo)

Bubilabi, Wangutsi Bumulhanyuma, Walanga, Bumulhanyuma E, Muririnyi A, Muririnyi B

Mutambu Peter(Town Clerk)

Khaputola (Neikina)

Matoola 2 Wanambwa Peter(Sub - County Chief)Timbiti Geofrey(Health Assistant), Nabukwasi Evelyn



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Contact Person

(Bugobero)

Bumururumu 1, Bumururumu 2 BumururumuIII, Wamala

Wanambwa Peter(Sub - County Chief), Timbiti Geofrey(Health Assistant), Nabukwasi Evelyn

(Nangabo) Matola 1, Nangabo 1 Kibuyi, Kufu, Sibanga, Kuya


(Khaputola) Bunambale, Buwatutsi Buwerwe


Bugeboreo (Nabikulu)

Bunangabo 1, Bumateo Bunangabo II, Busangai III

Peter Walyamboga (Chairman LC III), Mutegi Andrew (Sub - County Chief), Watsemwa Lovice (County Development Officer), Shirongolo Jorem (Health Assistant), Nakami Suzan

(Bunefule) Bunabiro


(Kiwata) Butumwa II, Kiwata, Butumwa I, Bumurumu, Salo Salo


Butiru (Namaloko)

Buwanyama Lower, Buwanyama Upper

Wepukhulu William (Chairman LC III), Wamuno Mukwano Robert (chief), Sakwa Silas (County Development Officer) Nampija Faridah, , abwe Richard (Parish Chief)

(Busumbo Corner) Buwafula, Bwamalelo Bumuketsi

Wepukhulu William (Chairman LC III), Wamuno Mukwano Robert (chief), Sakwa Silas (County Development Officer) Nampija Faridah, Kabwe Richard (Parish Chief)

(Butiru TC) Bumulhehwa, Busilale

Wepukhulu William (Chairman LC III), Wamuno Mukwano Robert (chief), Sakwa Silas (County Development Officer), Nampija Faridah, Kabwe Richard (Parish Chief)



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Contact Person

Bubuto Bumalanga

Shambi Robert Wabuya (ChairmanLC III), John Bosco Kuloba (Chief), Nambozo H Scovia (County Development Officer) Kakaye Doreen,Mandeke Richard

Bumatanda, Bumandali Bukibethe

Shambi Robert Wabuya (ChairmanLC III),John Bosco Kuloba (Chief), Nambozo H Scovia (County Development Officer), Kakaye Doreen, Mandeke Richard

Busekeleghi, Bumahafu Buwesalo

Shambi Robert Wabuya (ChairmanLC III), John Bosco Kuloba (Chief), Nambozo H Scovia (County Development Officer) ,Kakaye Doreen,Mandeke Richard

Busiemba, Bumulha

Shambi Robert Wabuya (ChairmanLC III),John Bosco Kuloba (Chief),Nambozo H Scovia (County Development Officer), Kakaye Doreen Mandeke Richard

Bumwoni

Lwakhakha A, Lwakhakha B, Bugemo Butibai, Butemulani, Lwakhakha TC

Mohamed Kisongotsi (Chairman Town Council Lwakaka),Peter Nana (Town Clerk),Stella Nambuya, (Sub - County Chief),Joseph Sitemu (Chairman LC III) Jane Nabukhodi (Sec),County Development Officer Lwakhaka

Bulyuli, Bukibumbi Bumusomi, Buhomeri, Buyaseli, Bumusomi 2

Mohamed Kisongotsi (Chairman Town Council Lwakaka),Peter Nana (Town Clerk),Stella Nambuya, (Sub - County Chief),Joseph Sitemu (Chairman LC III) Jane Nabukhodi (Sec),County Development Officer Lwakhaka



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Appendix D: Attendance Lists (2013 meetings) attached separately



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Appendix E: Templates of Prospective Notices

Notice 1: Notice to Crop Owners

THE REPUBLIC OF UGANDA

The Uganda National Roads Authority

(UNRA)

Upgrading Mbale - Bubulo - Lwakhakha Road (41 Km) to Bituminous Standard

No Compensation for Seasonal Crops Affected

M/s ……………….. of …(in association with ………………….. consultants of Kampala) have completed compensation assessments of the properties affected by the Mbale - Bubulo to Lwakhakha Road Upgrading Project from ………….. to …………………… and from ……………….. to …………… a total distance of …. km. The exercise continues along the road.

The Uganda National Roads Authority (UNRA) shall make the compensation payments through the above consultants and the exercise shall begin shortly after the consultant’s valuation report is approved in the Ministry of Lands, Housing and Urban Development for the compensation payments.

Thereafter Government shall handover the road section to the road contractor M/s …………………………. for the road works to start.

This is therefore to notify project - affected individuals who were assessed for seasonal crops e.g. sweet potatoes, maize, cassava, beans and groundnuts, etc., planted within 15 meters either side of the road centre line - which is the road reserve - that Government shall not pay compensation for those seasonal crops.

Similarly, project - affected individuals who have not yet been assessed for compensation are informed that their affected seasonal crops too shall not be assessed for compensation.

Those with such crops within the road reserve are advised to harvest them as soon as possible and informed that thereafter no more crops must be planted in the road reserves.

Compensation shall only be paid for the land, perennial crops and houses and other structures affected.

Executive Director, Uganda National Roads Authority, Plot 5, Lourdel Road, Nakasero P.O. Box 28487, Kampala. Dated: …………… 2013



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Notice 2: Press Announcement on Commencement of the Compensation Payment Exercise


The Uganda National Roads Authority (UNRA)

Upgrading Mbale - Bubulo - Lwakhakha Road (41 Km) to Bituminous to Bituminous Standard

PRESS RELEASE

Compensation Payment Exercise Commences The Uganda National Roads Authority (UNRA) has started paying compensation exercise for property affected by the Mbale - Bubulo to Lwakhakha Road Upgrading Project project in ………….

Currently,………. eligible project affected persons in …………….., ………….. and …………sub-Counties have received their payment.

The exercise is being carried out by M/s ………………… consultants in association with …………….consultants of Kampala.

The compensation team is based at ……….. sub-County but will continue with the exercise to other locations along the road and the public will be informed of the programme as the exercise progresses. Government will compensate all eligible owners of property affected by the upgrading works.

The road works commence on …………….. of …………… 2013.

Members of the public are reminded not to put up any new developments because they will not be valued for compensation. The public should desist from any act or acts that affect the land, buildings/structures and crops along the Mbale - Bubulo to Lwakhakha Road which have been surveyed or assessed by the consultants, including excavations for brick making, brick laying, mining of earth, sand, clay or any other local building materials, other than that to be undertaken by the road contractor in connection with or related to the construction of the road.

Growers of the seasonal crops within the road reserves are advised to harvest them as soon as possible and no more crops must be planted in the road reserves thereafter.

No compensation shall be paid for the seasonal crops affected.




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Notice 3: Press Announcement on Continuation of the Compensation Payment Exercise


The Uganda National Roads Authority

(UNRA)

Upgrading Mbale - Bubulo - Lwakhakha Road (41 Km) to Bituminous

to Bituminous Standard

RADIO ANNOUNCEMENT

Compensation Payments Continue

in………and ……. sub-Counties in Mbale and Manafwa District Local Government

The Uganda National Roads Authority (UNRA) wishes to inform project – affected – persons living along the Mbale - Bubulo - Lwakhakha Road, and in particular the communities in the following villages in ……… sub-County, that their compensation payments are ready.

5. …………………………….. 2. ……………………………..

3. …………………………….. 4. ……………………………..

UNRA therefore invites the affected persons to report to ………… and …………… on ….., ….., 2011 where the compensation payment team (including Mbale / Manafwa District Local Government staff) shall be making the payments, beginning at 9:00 a.m.

Before payment each compensation claimant must produce:

1. 2 (two) recent Passport Size Photographs; and

2. Personal Identity Documents, e.g. Passport or Identity Card or a Voter’s Card, etc.

Directors and management leaders of affected public entities such as schools, co-operatives, churches/mosques and the leaders of other organisations must produce their instruments of office (originals) and the principal office bearers are required to appear before the payment team to witness the compensation to be paid to their entities.

This notice applies to the project – affected – persons whose properties were assessed by land surveyors and valuers early this year and their compensation awards were approved by Government.



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UNRA wishes to reassure the communities along the road that funds are available and that all bonafide claimants shall receive their compensation in due course as the payments continue along the road.

Meanwhile UNRA reminds the public to desist from any act or acts that affect the land, buildings/structures and crops along the Road which have been surveyed or assessed by project surveyors and valuers, including excavations for brick making, brick laying, mining of earth, sand, clay or any other local building materials, other than that to be undertaken by the road contractor in connection with or related to the construction of the road.
