resettlement action plan (rap)...

Republic of Uganda

Prepared for:

AIR WATER EARTH (AWE) LTD Environmental, Civil Engineers & Project Management Consultants

M1, Plot 27 Binayomba Road, Bugolobi P.O.Box 22428, Kampala, UGANDA. T: 041-4268466, Mob: 078-2580480/ 077-2496451 E: [email protected] W: www.awe-engineers.com

UGANDA NATIONAL ROADS AUTHORITY P. O. Box 28487, Kampala, Uganda. Plot 11, Yusuf Lule Road, Kampala

By:

RESETTLEMENT ACTION PLAN (RAP) OF

PROPOSED UPGRADING KAMWENGE–

FORT PORTAL ROAD TO BITUMINOUS

STANDARDS.

(Updated Version, January 2011)

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RP1081 v1

Document Control

Client: Uganda National Roads Authority, UNRA

Project No: RA/104

Report Title:

Updated resettlement action plan (RAP)

Of proposed upgrading Kamwenge–Fort Portal Road

to bituminous standards

Date: 31 Jan 2011

Doc. No.: unra-kf-004

Revision Description Originator Reviewed

3 Final Report LK TP, FN, DO

Preparation of this report has been undertaken within

agreed terms of reference using all reasonable skill

and care. AWE accepts no responsibility or legal

liability arising from unauthorized use by third parties

of data or professional opinions herein contained.

Distribution

Official

Confidential

Public

Consultants

Eng. Lammeck KAJUBI: BScEng (1.1 Hons) MAK, MEngSc (UQ-Australia), NEMA-CEnvP, REng.

Team Leader

Herbert. M Kalibbala: MSc, Lic PhD (Sweden), NEMA-CEnvP

Civil Engineer

Pamella Tashobya, BA (Env Mgt), MSc (Norway), NEMA-CEnvP

Sociologist-Development Specialist

Dr. Florence Akiiki, PhD Sociologist David Oyen, BEnvEng & Mgt Environmental consultant

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Acronyms, Definitions & Units

Acronyms:

AIDS: Acquired Immunodeficiency Syndrome

CFR: Central Forest Reserves

CMP: Construction Management Plan

CRMP: Cultural resources management plan

DBST: Double bituminous surface treatment

DIA: Direct Impact Area

ESIA: Environmental & Social Impact Assessment

GoU: Government of Uganda

INDIA: Indirect Impact Area

KNP: Kibale National Park

LC: Local Council

M&E: Monitoring and Evaluation

MoWT: Ministry of Works & Transport

NGO: Non-governmental organization

PCR: Physical cultural resources

PEAP: Poverty Eradication Action Plan

NEMA: National Environmental Management Authority

NGO: Non-Governmental Organization

PAP: Project Affected Persons

RAP: Resettlement Action Plan

UNRA: Uganda National Roads Authority

UWA: Uganda Wildlife Authority

WB: World Bank

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 Definitions:

Asset Inventory: A complete count and description of all property that will be acquired by the project. Carriageway: Area of road used by vehicles. It is bounded on either side by road shoulder.

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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

decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement.

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

domain. 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.

Project Cycle: The process of identifying, planning, approving, and implementing a Bank-supported

development activity. In the World Bank, the project cycle is divided into the following stages: Identification, Preparation, Appraisal, Negotiations, Approval, Loan Effectiveness, and Implementation.

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 PAH is 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, grandchildren).

Project-Affected Person (PAP): Any person who, as a result of the implementation of the project,

loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected people might be displaced either physically (―Physically Displaced People‖) or economically (―Economically Displaced People‖).

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

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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 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 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 centre line of the road, owned by the road

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).

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.

Vulnerable Groups: People who may by virtue of gender, ethnicity, age, physical or mental disability,

economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.

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Contents

ACRONYMS, DEFINITIONS & UNITS ..................................................................................... I

LIST OF TABLES .......................................................................................................... VI

EXECUTIVE SUMMARY .................................................................................................. VII

1 PROJECT AND RAP BACKGROUND .............................................................................. 1

1.2 OBJECTIVES AND SCOPE OF THE RAP ..................................................................... 2 1.3 METHODOLOGY USED TO UPDATE RAP ................................................................... 3 1.5 SURVEYING AND VALUATION METHODOLOGY ........................................................... 4

1.5.1 SURVEY METHODS ......................................................................................... 4 1.5.2 PROPERTY VALUATION METHODOLOGY ............................................................... 5

2 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS ..................................... 9

2.1 DESCRIPTION OF THE PROJECT ............................................................................ 9 2.1.1 POPULATION OF AFFECTED PEOPLE AND LAND TAKE ............................................... 9

2.2 PROJECT AREA OF INFLUENCE ............................................................................. 9 2.3 ROAD DESIGN ................................................................................................ 13

2.3.1 DESIGN SPEED ........................................................................................... 13 2.3.2 PAVED SHOULDERS ...................................................................................... 13 2.3.3 CARRIAGEWAY ........................................................................................... 15 2.3.4 BUS BAYS ................................................................................................. 15 2.3.5 ROAD AND ROADSIDE DRAINAGE ...................................................................... 15 2.3.6 BRIDGES AND CULVERTS ............................................................................... 15

2.4 CONSTRUCTION & POST-CONSTRUCTION ACTIVITIES ................................................ 16 2.4.1 CONSTRUCTION ACTIVITIES ........................................................................... 16 2.4.2 ROAD CONSTRUCTION MATERIALS ................................................................... 17 2.4.3 GRAVEL SOURCES ....................................................................................... 17 2.4.4 AGGREGATE SOURCES .................................................................................. 17 2.4.5 SOURCES OF ROAD CONSTRUCTION WATER ........................................................ 18 2.4.6 WORKER CAMPS, MACHINE WORKSHOPS AND EQUIPMENT YARDS .............................. 18

2.5 PUBLIC UTILITIES AND COMMUNITY RESOURCES ALONG THE ROAD ............................... 19 2.6 PROJECT ALTERNATIVES .................................................................................. 20

2.6.1 ALTERNATIVE 01: RE-GRAVELLING WITH MURRAM ................................................ 20 2.6.2 ALTERNATIVE 02: UPGRADE TO DOUBLE BITUMINOUS SURFACE TREATMENT (DBST) STANDARD .......................................................................................................... 21 2.6.3 ALTERNATIVE 03: UPGRADE TO DBST STANDARD LEAVING KIBALE NATIONAL PARK SECTION AT CURRENT WIDTH AND INSTITUTE SPEED CONTROL FEATURES ........................................ 21 2.6.4 ALTERNATIVE 04: ―DO NOTHING‖ SCENARIO ....................................................... 21 2.6.5 ALTERNATIVE 05: TO REDUCE RESETTLEMENT IMPACTS ......................................... 21

3 POTENTIAL IMPACTS ............................................................................................ 22

3.1 CATEGORY AND IMPACT ON LAND AFFECTED BY THE PROJECT .................................... 22 3.2 IMPACT ON STRUCTURES .................................................................................. 22 3.3 IMPACT ON LIVELIHOODS .................................................................................. 22 3.4 IMPACT ON COMMUNITY FACILITIES ..................................................................... 22 3.5 PROJECT COMPONENTS RELATED TO RESETTLEMENT ............................................... 23

4. SOCIO-ECONOMIC BASELINE ...................................................................................... 24

4.1 PROJECT AFFECTED DISTRICTS .......................................................................... 24 4.2 SOCIAL ORGANIZATION .................................................................................... 24 4.3 SOURCES OF LIVELIHOOD IN PROJECT AREAS ......................................................... 25 4.4 WELFARE OF HOUSEHOLDS ............................................................................... 25

4.4.1 OWNERSHIP OF ASSETS ................................................................................... 25

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4.4.2 FUEL IN HOUSEHOLDS .................................................................................. 26 4.4.3 SOURCES OF DRINKING WATER ....................................................................... 26

4.5 VULNERABLE GROUPS ..................................................................................... 27 4.6 HIV/AIDS AWARENESS...................................................................................... 27 4.8 SOCIAL AND CULTURAL CHARACTERISTICS OF PROJECT AFFECTED COMMUNITIES ................... 27

4.8.1 ETHNICITY ................................................................................................ 27 4.8.2 EDUCATION............................................................................................... 28 4.8.3 CULTURAL CHARACTERISTICS ......................................................................... 28 4.8.4 SETTLEMENT PATTERN AND HOUSING OF THE PROJECT AFFECTED PERSONS ................ 28

5 LEGAL & INSTITUTIONAL FRAMEWORK ...................................................................... 29

5.1 RELEVANT NATIONAL LAWS ............................................................................... 29 5.2 OTHER LAWS ................................................................................................ 30

5.2.1 THE LOCAL GOVERNMENT ACT (1997) ............................................................... 30 5.2.2 LAND ACQUISITION ACT (1965) ....................................................................... 30 5.2.3 THE ACCESS TO ROADS ACT (1965) .................................................................. 31 5.2.4 THE ROADS ACT (1964) ................................................................................ 31 5.2.5 LAND TENURE REGIMES AND TRANSFER OF LAND ................................................. 32

5.3 VALUATION AND COMPENSATION OF ASSETS .......................................................... 33 5.4 WORLD BANK REQUIREMENTS ............................................................................ 34 5.5 INSTITUTIONAL RESPONSIBILITIES ....................................................................... 40

5.5.1 MINISTRY OF WORKS AND TRANSPORT .............................................................. 40 5.5.2 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT ..................................... 40 5.5.3 UGANDA NATIONAL ROADS AUTHORITY, UNRA .................................................... 40 5.5.4 DISTRICT LOCAL GOVERNMENTS ...................................................................... 41 5.5.5 PRIVATE SECTOR ENTITIES ............................................................................ 41

6 COMPENSATION AND RESETTLEMENT STRATEGY ......................................................... 42

6.1 KEY PRINCIPLES ............................................................................................. 42 6.2 ELIGIBILITY FOR COMPENSATION ........................................................................ 42

6.2.1 ELIGIBILITY, CENSUS AND CUT-OFF DATE ........................................................... 42 6.2.2 SPECULATIVE STRUCTURES ............................................................................ 43

6.3 OVERVIEW OF ENTITLEMENTS ............................................................................ 43 6.3.1 CATEGORIES OF AFFECTED PEOPLE .................................................................. 43 6.3.2 COMPENSATION AND RESETTLEMENT MEASURES .................................................. 44 6.3.3 DESCRIPTION OF ENTITLEMENT MEASURES ......................................................... 45 6.3.4 PAYMENT OPTIONS ...................................................................................... 48

7 CONSULTATION WITH AFFECTED COMMUNITIES .......................................................... 52

8 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES ................................................. 53

8.1 GRIEVANCE PROCESS ....................................................................................... 53 8.2 GRIEVANCE MECHANISM ................................................................................... 53 8.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES ..................................... 57

8.3.1 VALUATION ............................................................................................... 57 8.3.2 VALUATION GRIEVANCE DECISION MAKING PROCEDURES ........................................ 58

9 IMPLEMENTATION OF THE RAP ................................................................................ 59

9.1 IMPLEMENTATION ARRANGEMENTS ...................................................................... 59 9.1.1 RAP IMPLEMENTATION UNIT ........................................................................... 59

9.2 PAYMENT PROCEDURE ..................................................................................... 61 9.2.1 NOTIFICATION OF COMPENSATION ................................................................... 61 9.2.2 COMPENSATION UNDER THE DIFFERENT OPTIONS ................................................. 64 9.2.3 MUTATION OF COMPENSATED LAND ................................................................. 64 9.2.4 IMPLEMENTATION SCHEDULE .......................................................................... 65

9.3 RESETTLEMENT BUDGET .................................................................................. 65

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10 MONITORING, EVALUATION AND COMPLETION AUDIT ................................................... 67

10.1 GENERAL OBJECTIVES AND APPROACH ................................................................. 67 10.1.1 INTERNAL MONITORING PROCESS ................................................................. 67 10.1.2 EXTERNAL EVALUATION PROCESS ................................................................. 68 10.1.3 COMPLETION AUDIT ................................................................................. 70

ANNEX 1. REVIEW COMMENTS ADDRESSED IN THIS UPDATED RAP ....................................... 72

ANNEX 2. LOCATION OF COMMUNITY RESOURCES ALONG THE ROAD ................................... 77

ANNEX 3. VULNERABLE PEOPLE IDENTIFIED ALONG THE ROAD .......................................... 80

ANNEX 4: PROJECT AFFECTED PEOPLE SURVEY FORM/ QUESTIONNAIRE .............................. 83

ANNEX 5: PROPERTY VALUATION LISTS (KAMWENGE & KABAROLE DISTRICTS) ....................... 90

ANNEX 6: LIST OF PAPS ...........................................................................................100

LIST OF TABLES

TABLE 6.1: ENTITLEMENT MATRIX ........................................................................................... 49 TABLE 7.1: STAKEHOLDER VIEWS ............................................................................................ 52 TABLE 9.1: LOCAL ADMINISTRATIVE ADVISORS TO THE IMPLEMENTATION UNIT .............................................. 59 TABLE 9: RESETTLEMENT BUDGET ........................................................................................... 66 TABLE 10.1: MONITORING INDICATORS DURING RESETTLEMENT (QUARTERLY BASIS) ......................................... 69

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Executive Summary

01. With funding from the World Bank, Uganda National Roads Authority (UNRA) plans to upgrade 66.2 kilometer (km) Kamwenge- Fort Portal Road from gravel to bituminous standards. Currently, the existing road is dilapidated and not able to meet current demand for service provision.

02. The road to be upgraded to ―Class II bitumen road‖ is currently a gravel carriageway located in

Western Uganda from Fort Portal in Kabarole District to Kamwenge Town in Kamwenge District. A 13.3 km section of this road traverses Kibale National Park (see Map in Figure ES1). The upgraded road will have a 30 meter reserve in –rural sections and 20 meters in urban areas including trading centers. A shoulder width of 1.5 meters will be provided in rural areas and through Kibale National Park while a 2 meters paved shoulder is planned in urban areas. With a road reserve of 30 meters and total length of 66.2 km, estimated land covered by entire road is 2 km2 but this is mostly the same land area occupied by the existing gravel road. While the upgrade will for most sections follow the existing road alignment, road widening will in some cases affect private land, permanent and semi-permanent residential and commercial structures.

03. Total number of affected persons (PAPs) was determined from property surveys and census to be

1679 people in Kamwenge District and 851 in Kabarole District stemming from effect on land, commercial and residential buildings, all of which will be compensated according to measures proposed in the resettlement action plan (RAP). Total land take by road section through Kamwenge District is 108.7 Ha while section through Kabarole District would lead to land take equivalent to 60.75 Ha. To reduce social-economic impact, the design proposed to have a narrower 20-meter road reserve in densely inhabited areas (such as trading centers along the road). Compensation and resettlement of affected persons PAPs will be carried out in accordance with Ugandan laws and regulations and World Bank Group guidelines. Therefore, this RAP has been prepared to satisfy these two requirements.

ES.1: Summary of project impacts

KAMWENGE KABAROLE Total

Number of affected villages 31 21 52

Number of all PAPs 1679 851 2530

Structures/ assets

Permanent 88 25 113

Semi-permanent houses 62 25 87

Temporary houses (Sheds/grass thatched houses) 18 8 26

Kitchens 2 1 3

Pit latrines 0 0 0

Hedges with barbed wire 25 28 53

Hedges without barb wire 5 2 7

Barbed wire fences 2 1 3

PAPs with crops 900 600 1500

Land lost (Ha) 108.741 60.75 169.491

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04. The proposed resettlement budget for RAP implementation and monitoring is UgShs 3,721,685,767 as detailed in table below.

ES.2: Summary of RAP budget District Value of

land (UgShs) A

Value of building (UgShs) B

Value of trees, crops (UgShs) C

15% Disturbance Allowance (UgShs) D =15%(A+B+C)

3% of crops value for livelihood restoration due to crop

loss (UgShs)1

E=3%(C)

6% of value of buildings for income restoration due to loss of businesses/ business

structures. 2

F=6%(B)

Total Compensation Award (UgShs)

1 KAMWENGE 629,635,849 804,177,278 276,122,50

0 256,490,344 8,283,675.00 48,250,636.68 2,022,960,283

2 KABAROLE 378,863,478 628,213,326 87,213,326 164,126,155 2,616,399.78 37,692,799.56 1,298,725,484

Subtotal 1 3,321,685,767

Other estimated costs

1 RAP implementation consultant

300,000,000

2 Monitoring & evaluation

100,000,000

3 Provisional sum for special assistance to vulnerable people

50,000,000

Subtotal 2 450,000,000

Grand total (subtotal 1 + subtotal 2) 3,771,685,767

05. This report is an update of an earlier RAP prepared by Consulting Engineering Services (India) Private Limited (CES) in association with KOM Consult LTD (Uganda) in September 2008.

06. Preparation of this updated RAP did not undertake new socio-economic surveys or census different

from ones undertaken by the earlier consultant. However data collected earlier was believed to be valid in this updated RAP for the reasons below:

The short time (less than 2 years) between earlier RAP and this updated version means that no

significant socio-economic changes occurred at both local and households levels. Verification sampling along the road did not encounter changes in PAPs (names or numbers in a

given sampled road stretch) or opportunistic developments targeting resettlement.

Sampling in communities along the road, effort was made to verify existence of PAPs compiled in property surveys and valuation records and, it was established they existed1.During implementation of the RAP, further verification will be made by the implementing agency and changes will be recorded and addressed.

07. Various laws of Uganda provide a framework for resettlement broadly consisting of four

components: (a) eligibility of PAPs for monetary compensation (applicable to legal asset owners); (b) compensation and resettlement assistance for PAPs; (c) grievance redress; and (d) responsibilities of central government and district-level departments and local administration authorities2.

1

Apart from a few misspelt names in the property survey/ valuation records, PAPs recorded existed or were known to live in sampled areas. 2 Chief Government Valuer (CGV) approves the assets valuation report while local council leaders (LCs) are expected to participate in witnessing

and resolution of resettlement grievances. Aggrieved persons resort to courts of law if all other avenues fail to address their disputes.

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The road project will also trigger World Bank‘s OP 4.12 (Involuntary Resettlement) which provides for equitable compensation of affected people (regardless of legal status of their land tenure) with the aim that the project should not leave them worse off than they lived before.

08. This RAP will be implemented by UNRA in conjunction with respective district local governments

(Kamwenge and Kabarole Districts and village-level local councils) and key implementation

processes will include: (a) payment of compensation to affected people; (b) rehabilitation

assistance to vulnerable people identified in this RAP or by local leaders/RAP implementation unit;

(c) possible jobs as employees on the road rehabilitation project; (d) monitoring and evaluation.

09. After approval of census and valuation reports by the Chief Government Valuer (CGV), a RAP

implementation unit to be formed by UNRA will commence execution of resettlement activities.

The overall implementation responsibility will be with that of Uganda National Road Agency (UNRA)

through the Resident Engineer and appointed consultant.

The Chief Government Valuer (CGV) in the Valuation Division of the Ministry of Lands, Housing and

Urban Development (MLHUD) is responsible for approving the Valuation Roll (a separate detailed document of PAPs, their losses and entitlements). It is understood that valuation for this road was already approved by CGV. The Uganda Land Commission in collaboration with District Land Boards and Local Councils will scrutinize and authorize compensation payment, facilitate applications for acquisition of land and issuance of title deeds.

UNRA will ensure that PAPs have adequate time to replace their assets and will work with such affected persons to ensure they are able to achieve this before expiry of notice to vacate their affected properties. The RAP unit will have representative responsibilities for implementing resettlement requirements according to Uganda laws while UNRA will make available financial resources necessary to meet compensation and resettlement costs, as well as additional actions necessary to satisfy and World Bank guidelines. Details of government-mandated compensation and resettlement costs were provided in the Valuation Report prepared by the earlier consultant team (CES and KOM). Additional resettlement actions to meet World Bank Group (WBG) requirements are outlined in Section 5.4 (Gaps between WB and Ugandan legislation).

10 The cutoff date was the last date of property valuation, i.e. 31 Aug 2009 and this was found to be known by many potentially affected persons during ground-truthing visits undertaken during this RAP updating exercise.

11. The RAP implementation schedule is proposed over a period of 12 months during which monitoring

would be undertaken throughout the construction period and for extra two years after

construction. The RAP implementation unit and local committees would be formed shortly

afterward approval of valuation report by CGV‘s office. Compensation payments, rehabilitation

assistance and grievance redress is anticipated to start at about the same time and extend over 9

months including the 3 -months to vacate.

UNRA, with assistance of the RAP implementation consultant will set up field offices through which

grievances will be settled by a grievance committee to comprise UNRA, Local Council (LC)

chairperson, Chief Administrative Officer (CAO) and a District Land Officer. The Local Council

officials in their own capacity will be part of the registration and notification process and will

participate in resettlement implementation by representing the interests of the affected people.

The local council officials will be facilitated to participate in the entire process.

Monitoring will ensure that the RAP is implemented correctly, Uganda and WBG requirements are

met and all grievances satisfactorily addressed.

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Figure ES.1: Location of proposed road from Fort Portal to Kamwenge

Existing gravel road (dotted route) to be upgraded.

Kibale National Park

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12. In view of the inter-linking nature of both Ugandan and WB requirements, it is recommended

that UNRA co-ordinates closely with local (district and village-level) authorities in both

Kamwenge and Kabarole Districts to identify and verify vulnerable PAPs and provide

appropriate assistance where applicable1. Additional recommendations include (1) constituting

the RAP unit to include LCIII level local council leaders and already experienced officials from

District departments such as Department of Social Services, Community Development,

Production & Natural Resources who already know local communities/conditions adequately

well and experienced enough to give PAPs advice on skills enhancement where necessary,

during rehabilitation assistance.

13. Since road upgrade will largely follow existing alignment, direct impacts will be fairly benign and limited to the alignment area where road works will be undertaken and extensive displacement of people will not happen. Project benefits include increase in value of agricultural products due to improved access to markets, stimulation and development of roadside economic activities, increased social mobility and access to social services especially easier access to healthcare facilities.

14. Monitoring will aim to ensure that conditions of affected persons are not worse than were in

pre-project conditions. Key focus of monitoring will be to ensure effectiveness of RAP implementation and disbursement of compensation payments, effectiveness of grievance resolution, and success of livelihood restoration.

Monitoring will entail involvement of local government officials at district and sub-country or village level, For external monitoring, UNRA will identify and involve an independent NGO. It is noted that local government structures usually lack required knowledge and skills to support RAP implementation and monitoring, hence UNRA will support them with training, transport and other necessary financial facilitation.

RAP implementation consultant will submit to UNRA quarterly progress reports, which after review would be transmitted to World Bank.

At end of RAP implementation, a Completion Audit will be conducted to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and World Bank requirements.

1 It should be noted that vulnerability is not a static condition. For instance PAPs who were normal at the time valuation/ surveys might be

found vulnerable a year later at the time of effecting compensation payments. Others who were found terminally ill with AIDS and therefore

vulnerable during field surveys might have passed on but their heirs healthy and not vulnerable. This situation should therefore be handled on a case-by-case basis during RAP implementation.

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1 PROJECT AND RAP BACKGROUND

The Government of the Republic of Uganda intends to seek funding from the World Bank

towards upgrading to paved (bitumen) standard of the 66.2 km Fort Portal– Kamwenge road.

Environmental impact assessment (ESIA), cadastral survey and Resettlement Action Plan (RAP)

were completed by Consulting Engineering Services (India) Private Limited (CES) in

association with KOM Consult LTD (Uganda) in September 2008 based on African Development

Bank (AfDB) guidelines. This update aimed to review the earlier RAP report and update

information therein so as to develop a resettlement guide that would enable successful

project implementation.

The road is currently a gravel carriageway located in Western Uganda from Fort Portal in

Kabarole District to Kamwenge Town in Kamwenge District. A 13.3 km section of this road

traverses Kibale National Park (see Map in Figure ES1). The upgraded road will have a 30

meter reserve and 20 meters in urban areas including trading centers. A shoulder width of 1.5

meters will be provided in rural areas and through Kibale National Park while a 2 meters

paved shoulder is planned in urban areas. With a road reserve of 30 meters and total length of

66.2 km, estimated land covered by entire road is 2 km2 but this is mostly the same land area

occupied by the existing gravel road. While the upgrade will for most sections follow the

existing road alignment, road widening will in some cases affect private land, permanent and

semi-permanent residential and commercial structures.

Total number of affected persons (PAPs) was determined from property surveys and census to

be 1679 people in Kamwenge District and 851 in Kabarole District stemming from effect on

commercial and residential buildings, all of which will be compensated according to measure

proposed in the resettlement action plan (RAP). Total land take by road section through

Kamwenge District is 108.7 Ha while section through Kabarole District would lead to land take

equivalent to 60.75 Ha. To reduce social-economic impact, the design proposed to have a

narrower 20-meter road reserve in densely inhabited areas (such as trading centers along the

road). Compensation and resettlement of affected persons PAPs will be carried out in

accordance with Ugandan laws and regulations and World Bank Group guidelines. Therefore,

this RAP has been prepared to satisfy these two requirements.

Currently, it is Uganda Government policy that all road development projects comply with

national as well as donor safeguard policies among whose requirements is a RAP. The goal of

this RAP is to minimize economic and social impacts that would arise from involuntary

resettlement resulting in:

relocation or loss of shelter,

loss of assets or inability to access to assets,

loss of income sources and livelihood,

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1.2 OBJECTIVES AND SCOPE OF THE RAP

a) Objectives

In broader terms, the RAP has the following objectives:

To determine the extent of involuntary resettlement impacts associated with the land

acquisition for purposes of construction and alignment of the road, and put in place

measures to mitigate those impacts. The impacts here are to do with land acquisition

and the accompanying losses or interruption of livelihoods of the project affected

people due to the construction activities related to the proposed roads, etc.

To carry out consultations with relevant stakeholders, including potentially affected

persons, to obtain their views and suggestions regarding the social impacts of the

proposed project and measures to cover the losses. The outcome of the consultations

will be reflected in the RAP report and incorporated into the project design as

appropriate. The results of the consultations will be made available to all relevant

stakeholders, including potentially affected persons

The RAP will set the parameters and establish entitlements for project affected people (PAP),

the institutional framework, mechanisms for consultation and grievance resolution, the time

schedule and the budget, and propose a monitoring and evaluation system.

The agreed entitlements package in an entitlements matrix will include both compensation

and measures to restore the economic and social base for those affected. It will address the

requirements of the Government of Uganda and the World Bank Policy on Involuntary

Resettlement. Therefore the RAP shall follow the World Bank policy on Involuntary

Resettlement (OP 4.12) which requires that people who are adversely affected by project

activities receive compensation to the extent that their livelihoods and standard of living is

restored to at least a pre-project level.

Similarly, the resettlement shall be carried out in line with requirements of the legal, policy

and regulatory framework of Uganda. However where there are gaps the World Bank policy

overrides in order to ensure that the losses of the Project Affected Persons (PAPs) are well

addressed.

The specific goal of this revised RAP was to improve earlier RAP document, update

information therein so as to develop a resettlement guide that would enable successful

project implementation.

Cadastral surveys and property valuation that fed into the RAP were carried out covering that

portion of the road to be acquired as ―road reserve‖. The aim of the cadastral survey and

property valuation (completed in September 2008 by CES and KOM) was to:

Delineate private land and properties to be affected,

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Compile accurate list of project-affected persons (i.e. owners and land users having an

interest in the road reserve),

Establish monetary worth of all immoveable assets, including structures (permanent or

semi-permanent), perennial and annual crops and trees within the road reserve.

In earlier RAP report (CES & KOM, 2009)1, objectives of the resettlement action plan were

broadly indicated as ensuring compensation for lost property and restoring income earning

potential of people to sustain their livelihoods to match or supersede pre-project conditions.

b) Scope

To achieve the above stated objectives, the following tasks were carried out:

i) Identified persons or groups affected by the project either through destruction of

buildings or crops or loss of land and income,

ii) Identified options for resettlement and compensation of project affected persons

(PAPs), which according to the legal requirements of Uganda Legal Legislation and are

consistent with the relevant policies of UNRA and the African Development Bank,

iii) Raised awareness of the project and its consequences among the public in general and

those that are directly affected by it in particular,

iv) Ensured that all displaced persons receive compensation due to them and are not

disadvantaged by the project; and

v) Prepared a Resettlement and Land Acquisition Plan, setting out strategies and

schedules to mitigate adverse effects.

1.3 METHODOLOGY USED TO UPDATE RAP

The methodology adopted in preparing the original RAP version was consistent with the Government of Uganda policy framework. In updating this report, this was followed together with additional actions necessary to meet World Bank Involuntary Resettlement Policy OP 4.12. In addition, field ground-truthing visits were conducted on entries in the property valuation report and strip maps prepared in September 2008. Specific activities undertaken are provided below: a) Document Review

This involved reviewing original RAP for gaps that generated comments from earlier review. Other secondary datasets were reviewed to update district information. b) Groundtruthing visits

Reconnaissance surveys (valuation and strip maps) were conducted along the alignment to

screen out resources, facilities and services likely to be affected by the project. Analysis of

the field survey data consolidated recommendations for implementation of the resettlement.

1 Resettlement Action Plan for Upgrading Of Nyakahita-Ibanda-Kamwenge-Fort Portal Road CONTRACT No. GOU/HW/S003, by prepared for

UNRA by CES and KOM Consult, Sep 2009, pg13.

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Various places along the alignment were visited to provide understanding of the nature of

people to be relocated and community resources to be affected, economic activities and

means of livelihood that could be disrupted by the project.

c) Consultation meetings

Discussions were organized with various people and stakeholders along the road to verify

general perspective of stakeholders earlier documented in the 2009 RAP report. The people

consulted included Local Council (LC) officials, opinion leaders, NGOs and discussions

centered on current development potential to be affected by the resettlement process,

construction and post-construction stages, loss of land and other property. Also discussed

were gender specifics benefits, vulnerable people, income restoration and replacement cost

for lost property.

d) Survey interviews

Interviews and discussions were held with boda-boda1 cyclists, commuter omnibus and taxi

operators who operate at the Fort-Portal/ Kamwenge stage. Most transports were concerned

about the future of their operations in case new road design and hence redevelopment

removed existing bus stops. Discussions were held with along the road and key questions

received were about criteria for compensation of affected assets. Criteria as provided by

Uganda government was explained as well as additional resettlement requirements required

by World Bank such as income restoration and assistance to vulnerable people identified

during resettlement process. Women predicted possibility of domestic violence resulting from

compensation if men deny family fair access to resettlement payments and benefits or

squander it on multiple new marriages. Although solution to this is provided in the Land Act

where spouses must consent to and witness compensation due to the household, local leaders

were encouraged to take active role in grievances management to avoid domestic violence.

The first version of the RAP utilized methodology reproduced in section below.

1.5 SURVEYING AND VALUATION METHODOLOGY

1.5.1 Survey Methods a) Criteria of identifying PAPs The criteria for identifying project-affected people (PAP) was that everybody whose property (land, building, crops) is affected in part or whole by widening the road, would be eligible for compensation. These PAPs were identified by the cadastral surveying team and through follow-up surveys and were included in the census. Employees and tenants were to be established at the stage of disclosing individual household entitlements. Based on cadastral surveys a total 2530 PAPs would be affected by the Project. For households, this would mean losing land, crops or structures (permanent, semi-permanent structures, roadside informal trade wooden shacks, wooden restaurants, timber frame video/cinema halls, and drinking bars). Redeveloping the road will impact 113 structures.

1 In Uganda, boda-boda refers to private passenger commuter motorcycle riders.

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Prior to undertaking the detailed social survey, sensitization meetings were held in each village along the 66.2-km road to disclose and explain the forthcoming RAP study, explain the valuation process and how it is conducted according to Ugandan and donor (AfDB) guidelines. These meetings were conducted by social survey teams and a representative of the property valuation consultant. In the meetings, the project planning schedule was disclosed, cut-off for eligibility explained rights of PAPs and grievance procedures outlined. All meetings were chaired by either the village‘s Local Council (LC1) chairperson or LC 3 Council member (Councilor). These meetings aimed to create awareness about upcoming RAP, quell any apprehensions PAPs might have about resettlement hence enable them to provide true household and personal information during the social survey. 1.5.2 Property Valuation Methodology Property valuation, the results of which fed into the RAP, was executed by an independent

chartered surveying and valuation firm.

1.4.2.1 Topographical and cadastral surveys

Land of all people was surveyed and mapped indicating respective tenure systems. Customary

land tenants and registered proprietors were recorded and a strip map produced.

Survey beacons were placed at locations where the cadastral lines cross the road alignment.

This information is presented on a strip map of the road showing the position of the proposed

works on the existing cadastral maps. No land title deed mutations were signed as the

registered proprietors can only sign after compensation. Based on this, acreage of land

affected for both the registered plots and customary interest were calculated and a property

valuer determined the commensurate compensation values for each affected property.

1.4.2.2 Inspection, referencing and valuation

Cadastral surveys of affected properties including referencing of buildings and structures

were finalized in August 2009. Data collected covered registered land, bibanja holdings,

permanent- and semi-permanent structures, crops and economic trees.

This data was entered on the compensation assessment forms. Enumeration of crops and trees

and referencing of property was witnessed by property owners or their representatives and

area local council leaders (LCI officials). This ensured that all queries associated with

ownership, quantity of items and sizes of land are accurately documented. The land surveyors

provided acreage of affected land which was used by property valuers to establish

commensurate compensation conforming to Uganda Government laws.

1.4.2.3 Basis of valuation

The basis of valuation for compensation purposes is provided in the Constitution of Republic

of Uganda 1995 and the Land Act 1998. The value of land and buildings is based on the market

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value i.e. the probable value the property will fetch when offered for sale. In arriving at

market values, the following assumptions were made:

That the owner is a willing seller,

That, prior to the date of valuation, there had been a reasonable period (having

regard to the nature of the property and the state of the market) for the proper

marketing of the interest, for the agreement of price and the completion of the sale,

That the state of the market, level of values and other circumstances were, on any

earlier assumed date of exchange of contracts, the same as on the date of valuation,

That no account is taken of any additional bid by a prospective purchaser with a

special interest,

That both parties to the transaction had acted knowledgeably, prudently and without

coercion.

1.4.2.4 Deriving compensation rates

a) Land

From transaction agreements viewed during surveys there was evidence available on sale of

physical property (land and buildings) and this information provided insight into purchase

prices prevailing in the project area at that time. Although some figures on purchase

agreements might not have reflected market values of the land, they provided the only

available evidence of market value of different interests. These values were analyzed and

adjusted before use because of the heterogeneity of land parcels to which they were applied

to determine the market value.

Affected land was categorized as semi-urban, rural or dry land and hence different rates

applied for each category. Valuation rates used for affected land were ―market values‖ based

on evidence obtained during properly inspection and surveys.

b) Buildings and Structures

Most project-affected residential and commercial buildings are constructed in permanent

materials such as burnt clay bricks and iron roof sheets. However, valuation also encountered

many semi-permanent and temporary structures built in very low-cost materials such as

timber. Buildings and structures were valued on the basis of Replacement Cost Method to

arrive at their market value. World Bank‘s OP 4.12 (Annex A, Endnote 1) stipulates that

depreciation of an asset and value derived from salvaging materials from razed structures

should not be discounted when deriving replacement cost. Additionally the policy (OP 4.12)

requires replacement value to include cost of materials transport to site, labour costs and any

transfer fees or taxes involved in replacing an asset.

For rented commercial properties, Investment Method1 of valuation was used and necessary

adjustments made to derive the final value. For PAPs losing businesses, production or rental

1 “Investment Method” was used for commercial (and residential) property that is producing future cash flows through letting or

renting. The method derives market value of a subject property by reference to observed recent transactions of similar properties

in the same area. Note that this method is really a comparison method, since the main variables are determined in the market.

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income occasioned by loss of commercial structures, additional compensation of 6% was

allowed on top of value of affected building (see Table 9, Section 9.3). Semi-permanent and

temporary structures including pit-latrines were valued using District compensation rates. In

both cases, the design, standard of construction, fittings, finishes and general condition of

repair were taken into consideration in arriving at property values.

c) Crops

District compensation rates were applied to derive compensation values for crops, fruit trees,

flowers and shrubs owned by project-affected persons. According to Ugandan compensation

regulations, annual crops which could be harvested during the period of notice to vacate

given to land landowners/ occupiers are excluded in determining compensation values. The

valuation rates for crops takes into account the possible income generated from crops.

1.4.2.5 Valuation assumptions and limitations

The following assumptions and limitations were encountered during property valuation:

i) Bibanja owners on private Mailo land have legal ownership rights as provided for by

Ugandan law. An apportionment of land value of 60% and 40% share of the market

value was given to the landlord and bibanja owners respectively, depending on

developments invested on the affected land. For example, a kibanja owner who has a

permanent structure such as a house or perennial crops is entitled to a 60% share of

the compensation value while a person with only temporary structures or annual

(seasonal) crops is only entitled to 40%. This is generally adequate for replacement

value, and if a new kibanja ownership agreement was to be sought on a new piece of

land, it would cost the same 60/40 split applied depending on the temporal

permanency of developments thereof.

ii) Acreage of kibanja holdings provided by the land surveyors represents the actual

physical land taken from each kibanja owner.

iii) The acreage on "Private Mailo' titles are assumed to be the correct record as entered

in the Lands and Surveys Department Registry.

iv) The compensation assessed is for land and property as they existed at the time of

inspection and valuation. Subsequent developments and structural improvements after

cut-off date will not be considered for compensation purposes.

v) The property owners expect to be given a 3-month ―notice to vacate‖, hence a 30%

statutory disturbance allowance has been provided in property values.

vi) Buildings which only have portions damaged are assessed as wholly affected and

necessitating full compensation.

vii) Incomplete buildings and structures were been valued in their existing (―as is‖) state.

viii) Where private Mailo land owners could not be identified or verified due to lack of

records in Central Lands Registry, the valuer assessed value of the land taken against

the Plot Numbers on cadastral maps.

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Details of valuation assessment of every owner/claimants property are presented in a

separate Valuation Report.

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2 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS

2.1 DESCRIPTION OF THE PROJECT

The proposed project will involve upgrading the existing 66.2 km gravel road from Kamwenge

to Fort Portal town to bituminous standard. The existing road traverses a rolling landscape

characterized by low lying hills typical of the terrain in Western Uganda. Aligned about 25 km

from either lakes Albert and George the existing road traverses Kibale National Park and

straddles districts of Kabarole and Kamwenge as shown in Figure 2.1a. The proposed project

road is categorized as a Class II bitumen road and will have a road reserve of 30m in rural

areas and 20 meter in urban areas including trading centers. The carriageway will be 6m wide

with shoulders of width 1.5 meters.

The project will:

i) Improve the road through enhanced drainage (new & bigger culverts) and pavement

strengthening,

ii) Expand and restore existing bridges,

iii) Construct speed humps and install road signs in protected areas and urban centers.

iv) Provide support for institutional strengthening,

v) Support the process of decentralizing health services delivery as well as reinforcing

healthcare services at district level.

2.1.1 Population of affected people and land take

a) Population of affected persons

Population of project-affected persons as was determined from property surveys and census

in each district traversed by the road is:

i) Kamwenge District: 1679 people.

ii) Kabarole District: 851 people.

This effect will stem from effect on land, commercial and residential buildings, all of which

will be compensated according to measures proposed in this resettlement action plan.

b) Land takes by the road project

Total land take by road sections through each district is:

i) Kamwenge District 108.7 Ha

ii) Kabarole District: 60.75 Ha.

2.2 PROJECT AREA OF INFLUENCE

The area of influence denotes the zone which will be most affected by the project. To

understand potential impacts and design appropriate mitigation measures, the area of

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influence has been divided into the Direct Impact Area (DIA) and the Indirect Impact Area

(INDIA). In defining these impact zones, cognizance was accorded to spatial extent of planned

project activities, duration and intensity of proposed activities both during construction and

road use.

DIA is the area that will receive primary impacts resulting from project activities. The key DIA

areas include: road reserve, temporary camp sites at Bigodi trading centre, road diversions,

borrow pit areas proposed at 8 locations, stone quarry sites proposed at 2 locations and spoil

disposal sites like abandoned existing borrow pits in Bigodi and one after Kibale National Park.

INDIA refers to areas that will receive secondary impacts associated with project activities.

The spatial dimension of the INDIA will consist of sensitive ecosystems like wetlands traversed

by rivers and stream passing through the DIA, Kibale National Park, offsite sources of

materials for construction activities, stimulated demand for agricultural products among

others. Width of a corridor to be studied depends on legal requirements and the predicted

extent of the impacts identified during the project scoping. Corridor widths range from 100m

to 10km for green-field (or new) roads1.

1 Roads and the environment: A Handbook /edited by Christopher Hoban and Koji Tsunokawa. (World Bank technical paper No.

376) 1997. ISBN 0-8213-4031-X, pg5.

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Figure 2.1a: Location of proposed road across

Existing gravel road (dotted route) to be upgraded.

Kibale National Park

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Figure 2.1b: Location of proposed road project across Kamwenge and Kabarole Districts

Proposed road

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2.3 ROAD DESIGN

In its present state, the existing road lacks design and safety attributes such as safe design

speed, pedestrian shoulders, culverts in good condition for adequate drainage, climbing lanes

and bus bays. Provision of these features in the new design will be the major difference

between the existing and proposed road.

Sections below describe aspects of the road‘s design, pointing out provisions that would

improve socio-environmental attributes of the project.

2.3.1 Design Speed

The proposed design speed for Kamwenge–Fort Portal road has been defined to fit within the

recommended standards for bituminous Class II roads though with modifications in built-up

areas and sharp curve areas. The main purpose of such modifications is to limit land

acquisition, cut and fill and acquisition of structures. Design speeds (km/hr) of various road

sections are outlined below:

Urban areas 50

Rural flat areas 90

Rural rolling areas 80

Rural Hilly sections 60

Kibale National Park 30-40

Due to lack of speed control provision (for example, humps) on the gravel road through the

forested section of Kibale National Park, the normal speed limit of 40 km/hr recommended by

Uganda Wildlife Authority is rarely complied with by motorists. Kibale National Park is a

forested conservation area with a considerable primate population.

2.3.2 Paved Shoulders

Full-strength paved shoulders are proposed for the entire road but their width will be

modified to suit local traffic conditions but still conforming to Road Design Manual. A shoulder

width of 1.5m will be provided in rural areas and through Kibale National Park while a 2.0m

paved shoulder is planned for urban areas. The smaller shoulder width through Kibale

National Park is meant to utilize existing adjoining clear strips of land devoid of trees hence

avoiding destruction of closed tree canopies used by primates to cross the road. This, as

advised by UWA and other stakeholders, will avoid roadkill1.

1 ―Roadkill‖ is an animal / animals that has/have been struck and killed by motor vehicles along a road.

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Plate 2.1: Existing gravel road a typical trading centers (left) and a rural area

(top right)

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2.3.3 Carriageway

The existing road will be widened to a 6-m two-lane carriageway. Climbing lanes were

provided in the design to ease traffic flow at locations with steep gradients. The maximum

road width will take into account road and roadside drainage features. As noted, the

existing road lacks climbing lanes, an important safety provision especially considering the

risk posed by old heavily laden trucks on these stretches.

2.3.4 Bus Bays

Bus bays enhance road passenger safety and convenience. Along the road, 18 bus bays

with passenger shelters have been provided in the new design

2.3.5 Road and Roadside Drainage

Roadside drainage channels have been designed to divert runoff from the road pavement

and to avoid ingress of stormwater into the road prism1. Drainage facilities will be

constructed proportionate to carriage specifications in rural sections and section through

Kibale National Park. In urban sections of the road, covered concrete drains will be used

to enhance road safety, aesthetics and reduce land severance. At many locations along

the existing road, the drainage infrastructure is either inexistent or dilapidated (broken-

down or clogged with silt).

2.3.6 Bridges and Culverts There exists a major bridge on Kamwenge–Fort Portal road at chainage Km 36.945. Investigation by the design team confirmed that the bridge is hydraulically adequate and will be retained with only surface improvements. At chainages 21+160 and 29+500, 3 or 5 culverts spaced at 20m distance will be replaced by a box culvert. Other major culverts at chainage 33+920 and 47+955 will be replaced and widened within limits of the carriageway. The locations of key bridges along the road are shown in Figure 2.4. These provisions will improve stormwater drainage, currently lacking on existing road.

1 Road prism is ground area containing the road surface, cut slope and fill slope.

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Source: AWE primary field data

Figure 2.4: Location of bridges/major culverts along existing road

2.4 CONSTRUCTION & POST-CONSTRUCTION ACTIVITIES

Road construction will entail procurement or quarrying of materials and their haulage

from sources to road sites. It ought to be noted that while the design engineer can identify

preliminary borrow or quarry sites for gravel and aggregate, final choice of material

sources rests with the road construction contractor who then would be responsible for

preparing project briefs for borrow sites and full ESIA for quarry sites chosen. Sections

below outline activities that will be undertaken during project development.

2.4.1 Construction Activities

Upgrading the road will entail improvement of the carriageway and associated drainage

and safety infrastructure along the existing alignment. Construction activities planned are:

Stripping away existing wearing gravel surface as per design specifications

Earthworks involving cut and fill operations

Excavation of gravel and soils from borrow areas

Rock blasting and crushing to obtain aggregate

Natural gravel/crushed rock base construction

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Bituminous construction

Stone pitching of drains in cut and urban areas

Gabion construction for erosion protection

Planting grass on side slopes/ embankments

Reshaping of borrow pits and decommissioning them

Construction of retaining walls where necessary on steel embankments

Installing road furniture including traffic signs, guard rails and road markings

2.4.2 Road Construction Materials

Materials to be required by the project are:

Gravel for filling will be obtained from borrow areas along the project road.

Crushed rock / aggregate: will be required for base and surface bituminous

courses and concrete works. The rock will be procured from identified quarries

where stones will be crushed to provide stone products.

Sand: for concrete works, 2 sand sources have been identified about 4km off the

project road.

Cement: The cement will be used mainly for concrete works and will be imported.

Steel: The steel will be required mainly for structural work and will be imported.

Bitumen: will be required for bituminous surface and will be imported.

Water: for construction and use in workers‘ camps.

2.4.3 Gravel Sources

While final choice of material source is a responsibility of the road construction

contractor, 8 possible locations of borrow sites were identified along the road by design

engineers. Location of borrow pits and quantities available are indicated in Table 2.1.

Table 2.1: Location of borrow pit and estimated yields

2.4.4 Aggregate Sources

Possible sources of aggregates were identified by design engineers at three locations

indicated in Table 2.2. Samples from these sites were tested for Aggregate Impact Value,

Aggregate Crushing value, Water absorption, bitumen Affinity/Stripping Value, Specific

gravity and soundness using sodium sulphate. All samples were found to be suitable for

road and concrete works. Operations at rock quarry sites will to be undertaken in

accordance with the National Environment Act, Cap 153 after approval of a separate ESIA

prepared by the contractor for each quarry site selected. Additionally, quarry ESIAs should

Location Chainage

Offset from road, km

Estimated yield, m3

Proposed use

0+275 0.5 40,000 Subgrade/subbase








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recognize requirement of The Mining Act (Cap 148) limiting human settlement to a radius

of not less than 500 meters from active quarry sites.

Table 2.2: Location of possible stone quarries

Chainage Offset from road Estimated area (meters)

-10+300 10,000 200 x 200

8+480 20 100 x 150

32+800 200 100 x 150 Source: Design report

2.4.5 Sources of Road Construction Water

The project area is traversed by a number of rivers and streams including rivers Dura and

Mpanga. These, together with Nyabikere Crater Lake, are possible sources of water for

road construction activities and domestic use in contractors‘ or workers‘ camps.

Contractors shall be required to comply with The Water Act Cap 152 which requires them

to obtain permits for water abstraction during road construction.

2.4.6 Worker Camps, Machine Workshops and Equipment Yards A workers‘ camp, machine maintenance workshop and equipment yard have been

proposed near Bigodi Trading Centre at chainage 27+500 which is approximately midway

along the project length. The trading centre has reasonable infrastructure, commercial

and worship areas to offer acceptable living conditions to construction workers. Before

and during road construction, the contractor will provide facilities outlined below at the

workers‘ camp.

a) Facilities at workers camp

Bore hole: A bore hole will be drilled at the campsite to avoid stress on community

water sources.

Waste management facilities: The camp will have Ventilated Improved Pit (VIP)

latrines at a ratio of 1 stance per 5 employees.

The camp will generate about 0.1 kg of wastes per person per day leading to an estimated

quantity of 25 kg per day for a camp occupancy of 100-250 workers. Most local laborers

are expected to commute from home hence this waste estimate could be lower than

actual operational volumes. For onsite waste collection and temporary storage, bins will

be provided to ensure onsite segregation into recyclable and non-recyclable streams.

Hazardous waste including flammable liquids, explosives or corrosive materials will be

stored in labeled plastic drums at a secure area on the camp. Collection and disposal of

waste from the camp will be contracted to a NEMA-licensed contractor.

b) Maintenance workshop and equipment yard

A maintenance workshop and equipment park yard will be established adjacent to the

workers‘ camp. The site will be equipped with a temporary office block, maintenance

bays, parking yard and materials store.

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2.5 PUBLIC UTILITIES AND COMMUNITY RESOURCES ALONG THE ROAD

There are no significant public utilities along Fort Portal-Kamwenge road that would be

disrupted by the proposed project. While road sections through both Fort Portal and

Kamwenge towns are adjoined by low-voltage 33 kV power lines, these do not exist

outside urban areas. A 33 kV line from near Fort Portal Hospital extends for only 3 km

from the town. Project attributes are summarized in Table 2.3.

Table 2.3: Summary of key project attributes

Project activity Project attributes

1 Duration of pre-construction, construction and design life of the road project

a. Pre-construction/ mobilization: 4 weeks. b. Construction: About 1.5 years c. Design life for the road: 20 years

2 Method of construction Major works are earthworks (cut & fill) and bitumen surface dressing

3 Nature and quantities of materials, goods and services needed during road construction and operation phase as well as their production processes.

Materials and quantities: a. Volume of gravel – 105333 m

3

b. Volume of aggregate – 135750 m3

c. Volume of bitumen – 635 m3

d. Volume of construction water – cannot be ascertained at this point e. Galvanized steel guard rails (Threi beam Type II, Class A, 2.82 mm

thick)– 3615 meters f. Road signs 1760 (warning 1200; regulatory 400; mandatory 100;

information 60) g. Retro-reflective road marking paint- 14501 m

3

h. High-yield stress steel bars (460A)- 998 tonnes

Processes: a. Gravel will be quarried from borrow sites. b. Aggregate will be obtained from stone quarries (involving rock

blasting and crushing). c. Bitumen to be imported. d. Water abstracted from surface water courses with permit from

Water Resources Management Directorate (WRMD). Earthworks volumes (m

3):

Excavations (Total cut : 795,871 m

3 as below):

a. Common excavation to spoil: 147610 b. Common excavation to embankment construction: 575051 c. Common excavation to spoil in swamps: 49280 d. Rock excavation: 23930 Total fill: 1,004,100 m

3

4 Additional services (electricity, emergency services etc)

Contractor will provide own generator for onsite electricity generation at workers camp.

Contractor to provide mobile health clinic for OHS or medical emergencies.

Camp water will be abstracted from onsite borehole.

5 Project‘s potential for accidents, hazards and emergencies (construction and operation)

The road in present form is such bad as to have low-speed traffic. Its improvement will lead to a very good carriageway encouraging high speeds and heightened accident risk (if signs or awareness campaigns are disregarded). Although speeds are expected to increase, there is evidence that overall, paving a gravel road reduces accident rates and fatalities.

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Project activity Project attributes

6 Estimated land take up by the road corridor

With a corridor of 30 meters and total length of 66.2 km, estimated land covered by entire road is 2 km

2 but this is mostly the same land

area occupied by the existing gravel road.

7 Estimated number of road construction workers and visitors both construction and operation.

Labour force: 250 workers Visitors : 101 per year as follows:

Employers: 3 No. Every month and 5 No. every quarter Funding Agency: 10 No. every 6 months Others e.g. politicians: 10 No. every quarter

9 Means of transporting construction workers and materials to site.

Workers will be ferried between camps and worksites by truck.

10 Material transport and expected number of haulage trips.

Materials will be hauled by truck. Over 7000 haulage trips are expected for 105,333 m

3 gravel using

trucks each of 15 m3 capacity.

With trucks of same capacity 9000 trips are expected for 135,750 m

3 of aggregate.

11 Estimate of types and quantities of solid waste, water demand and sewage/ sullage from workers camps (method of estimation indicated in brackets).

Solid waste: 25 kg /day (for 250 workers at 0.1 kg of waste per capital per day)

Water demand: 10000 liters/ day (for 250 workers at 40 L /person/day)

Sewage/ sullage: 8000 liters/ day (assuming 80% of water used turns to Sewage/ sullage)

Hazardous waste: Waste oil, unused bitumen/ waste asphalt, spilt fuel.

The effect of all mentioned wastes will be to contaminate local environmental resources (soil, air or watercourses).

12 Proposed waste management including disposal.

Sewage/ sullage: onsite disposal by use of ventilated improved pit latrines (VIP).

Camp waste: all waste sorted, organics buried onsite, plastic stored until collected for recycling, other waste that can be reused, reused and the rest collected by a NEMA-licensed waste contractor.

Source: Road design report

2.6 PROJECT ALTERNATIVES

As discussed in sections below, project alternatives analyzed aimed to reduce socio-

environmental impacts as well as long-term road life and associated maintenance costs.

2.6.1 Alternative 01: Re-gravelling with Murram

At USD 52,963,353 the cost for this alternative was lower compared to upgrading the road

to bituminous standards. However, this alternative is not economically sustainable in

terms of costs and the life of the re-graveled road. A re-graveled road cannot effectively

handle predicted 15% annual traffic volume growth for this region which has high

economic potential. Additionally, heavy rains characteristic of the region will necessitate

road re-gravelling every two (2) years to maintain it in modest motorable state. Re-

gravelling will thus demand a frequent maintenance regime and high demand for murram

(gravel) which, not only is scarce in the project area, but also whose acquisition poses risk

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of environmental deterioration and landscape/ visual blight. The above environmental and

social-economic shortcomings rendered this option untenable.

2.6.2 Alternative 02: Upgrade to Double Bituminous Surface Treatment (DBST) Standard

At USD 69.23 million, this alternative is expensive compared to alternative 01 above but in

the long-term sustainable since major maintenance interventions on the paved road are

expected to begin over 12 years after upgrading. During the 12 years of road use,

environmental conditions affected during the upgrading would have recuperated.

Subsequent environmental impacts associated with maintenance activities will not be

significant as opposed to the re-gravelling option. This option has high public desirability.

2.6.3 Alternative 03: Upgrade to DBST Standard leaving Kibale National Park Section at Current width and Institute Speed Control Features

The current 13.3 km section through Kibale National Park is lined with mature tropical

forest trees whose canopy enables primates to cross the road above carriageway level

which maintains road kill to negligible levels. Widening the road along this section could

destroy the canopy with long-term effect to primates (roadkill).

A recommended option is to maintain the current road width within Kibale National Park

to avoid removal of trees in the mature section of the forest which is about 3-5 km long.

Introduction of speed humps at 0.5 km interval will reduce speed and road kill in the park.

It should be noted that speed humps could considerably increase baseline noise levels

along the forested section with vehicles decelerating and accelerating at speed humps.

2.6.4 Alternative 04: “Do Nothing” Scenario

This option will perpetuate poverty and impede development of the entire sub-region. The

current road attracts incremental costs in repairs as it is already past its project life. The

drainage system and carriageway have deteriorated in many parts. Frequent maintenance

and gravel quarrying poses financial and environmental strain. Due to the bad road, travel

times are unduly long and journeys cumbersome and uncomfortable.

2.6.5 Alternative 05: To reduce resettlement impacts

To reduce social-economic impact, the design proposed to have a narrower 20-meter road

reserve in densely inhabited areas (such as trading centers along the road).

ESIA study considered ―Alternative 03‖ above the most suited project option and is the

basis of this RAP.

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3 POTENTIAL IMPACTS

This section presents PAP categories and inventory of property they lose based on records

in the valuation roll. Wherever applicable, project components and activities leading to

resettlement have been presented and specific sections of road where resettlement shall

occur. Alternatives and measures to minimize resettlement were discussed in the project

alternatives (Section 2.6). A summary of project impacts is presented in Table 3.1.

3.1 CATEGORY AND IMPACT ON LAND AFFECTED BY THE PROJECT

Land to be affected by widening and operation of the road is the road reserve which

measures 10 meters on either side of the road centerline in trading centers and populous

settlements or 15 meters from road centerline elsewhere.

A 13.3 km section of this road traverses Kibale National Park (see Figure 2.1) but UNRA

committed to restricting roadworks within existing road reserve and would not take

additional land or fell any trees in Kibale National Park.

Owners of affected land with perennial crops, timber trees and fruit trees (mango, jack fruit, guava, oranges, oil palm, etc) which are important sources of income for households, shade, timber, building/fencing poles, herbal medicines, etc and would be compensated basing on District property rates. Considering that they can be harvested within the six-month ―notice to quit‖ period, annual crops would not be compensated.

3.2 IMPACT ON STRUCTURES

Within the road reserve, 88 permanent structures along road section in Kamwenge District

will affected. In Kabarole District, the figure is lower at 25. However, none of the PAPs

losing structures will move from their local areas. It was established that 89 PAPs losing

permanent structures will rebuild a few meters back from their existing sites. Twenty

PAPs losing commercial buildings preferred money to invest in alternative income-

generating activities. The remaining four had other plots of land available for construction

of new buildings. Therefore this RAP will not have a component for relocation of PAPs.

3.3 IMPACT ON LIVELIHOODS

Economically-displaced people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This only applies to those whose business are required to be relocated, but also to those employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. Because buildings in both rural and urban sections of the road are built away from the carriageway, no significant economic displacement is envisaged. Several commercial structures housing income-generating businesses will be affected. According to the valuation report, 46 and 16 structures will be affected in Kamwenge and Kabarole respectively (Table 3.1).

3.4 IMPACT ON COMMUNITY FACILITIES

As indicated in property valuation report, several churches, schools and health centres will

lose strips of land to the road reserve. Many community resources would not lose land to

he project but road redevelopment could cause temporary disruption to their access such

as when overburden is dumped into junctions leading to these faculties such as to render

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them impossible to access by women, children elderly or disabled people. Location of

community facilities (schools, healthcentres, places of worship and water sources) is

shown in Annex 2. A water bowzer from a crater lake at Nyabikere in Kabarole district will

be affected and this, the contractor should replace.

A thematic summary of project impacts is presented in Table below.

Table 3.1: Affected households and type of assets to be damaged

KAMWENGE KABAROLE TOTAL

Number of villages affected 31 21 52

Number of all claimants 1679 851 2530

Structures

Permanent structures

Residential 42 9 51

Commercial 46 16 62

(Subtotal) 88 25 113

Tenants (households) in affected structures 26 11 37

Number who have leases on buildings 0 0 0

Number of in habitants (households) in towns who will lose houses

22 8 30

Other structures

Semi-permanent houses 62 25 87

Temporary houses (Sheds/grass thatched) 18 8 26

Kitchens 2 1 3

Pit latrines 0 0 0

Hedges with barb wire 25 28 53

Hedges without barb wire 5 2 7

Barb wire fences 2 1 3

(Subtotal ) 292 90 382

Affected industries 0 0 0

PAPs losing land with structures 88 25 113

PAPs losing crops 900 600 1500 Source: Valuation report and strip maps by CES and KOM 2009.

3.5 PROJECT COMPONENTS RELATED TO RESETTLEMENT

During preparation of this RAP consideration was given to project components/ activities

that would give rise to resettlement. This mainly included sections of the road where

resettlement would be undertaken and alternatives and mechanisms to avoid or minimize

resettlement were also considered. Considering that the road will follow existing

alignment, trading centers/ townships were identified as areas that would require larger

resettlement than road sections through rural areas. It was noted that construction in new

upcoming trading centers did not conform to building lines from existing road. Therefore

to minimize large-scale resettlement, the design provided for a 30 meter reserve in –rural

sections and 20 meters in urban areas.

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4. SOCIO-ECONOMIC BASELINE

The socio-economic study was confined to the road environment. The aims were to

suggest ways and means to complete the economic rehabilitation of PAPs along the roads

so that they would recover a living standard at least equal to or better than the one they

enjoyed previously and in any case raise their living standards above the poverty line.

The Consultant used earlier data available at UNRA, UBOS and at Kabarole and Kamwenge

district headquarters. The data reviewed was mainly on social-economic characteristics of

population in the project area.

Due to the short time period available for this RAP review, no new household census and socio-economic survey were conducted different from ones in earlier RAP. Generally, data collected earlier was believed to be valid in this updated RAP for the reasons below:

The short time (less than 2 years) between earlier RAP and this updated version means that no significant socio-economic changes occurred at both local and households levels.

Verification sampling along the road did not encounter changes in PAPs (names or numbers in a given sampled road stretch) or opportunistic developments targeting resettlement.

4.1 PROJECT AFFECTED DISTRICTS

The existing road is found in two districts of Kamwenge ad Kabarole, in south-western

Uganda. The 2010 projected population of Kamwenge district is 380,000 with a population

density of 167 persons/ sq.km1. The population comprised of indigenous Batooro,

Banyankole and migrant tribes such as Bakiga, Baganda, Bafumbira and Bahororo. Other

migrants are from surrounding countries of Rwanda, Burundi, Tanzania, Kenya and

Democratic Republic of Congo. Estimated population of Kabarole District in 2010 is

455,0002. People living in the area are the same as those in Kamwenge district which was

part of Kabarole before it was given district status. These two districts are renowned for

plantain agriculture, mainly tea estates.

4.2 SOCIAL ORGANIZATION

The project area districts belong to the south western region of Uganda which is among

the better-off regions in Uganda as the economy in the region is not affected by acute

poverty. The four districts have attained remarkable improvements in poverty reduction

and human development indicators compared to the northern and eastern regions of the

country.

Despite some regional and localized differences, poverty in the districts is generally

associated with low incomes at household level, food insecurity, high levels of illiteracy

and low levels of employment. The major causes of poverty being inadequate skills, land

shortage, poor farming methods, gender inequalities, low productivity, morbidity due to

Malaria, HIV/AIDS and climate change

1 http://en.wikipedia.org/wiki/Kamwenge_District

2 http://en.wikipedia.org/wiki/Kabarole_District

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The nuclear family and to some extent, the clan constitutes significant traditional social

support system for their members especially in times of difficulties. Beyond the family and

the clan, there is currently a socio-political system of organization the LC system that was

introduced in 1986. It starts from the village level up to the District level. The LCs play

important roles in community matters for the development of community infrastructure

such as communal access roads, water sources and in provision of other basis needs of

community wellbeing e.g. the living environment, housing, sanitation, access to public

services and in settlement of disputes.

4.3 SOURCES OF LIVELIHOOD IN PROJECT AREAS

Subsistence farming is the principal source of livelihood in both project districts. Kabarole

district has about 28.1% of households dependent on earned income while Kamwenge has

lower opportunities for earned income. In addition to the agricultural activities there are

other economic activities which are presented in table below.

Table 4.1: Sources of Livelihood in the Districts, 2002-03

Source Kamwenge Kabarole

Subsistence farming 86.03 61.30

Employment Income 4.43 20.29

Business Enterprise 3.18 7.63

Cottage Industry 0.06 0.21

Property Income 0.58 1.11

Family support 3.71 7.73

Organizational support 0.61 0.00

Other 1.40 1.72

Total 100.00 100.00 Source: Uganda Population and Housing Census, 2002

Kamwenge district has high potential of Gold, Lead, Silver, Copper, Base metals,

Columbite, Tantalum, Zinc and Gemstone. There are also large deposits of limestone and

gypsum. Except certain traditional mining of base metals there is no exploitation of

minerals.

4.4 WELFARE OF HOUSEHOLDS

Welfare status of the households in the project districts is presented through selected

parameters of owning assets, usage of fuel for cooking and lights, access to safe drinking

water and uses of basic minimum consumer needs.

4.4.1 Ownership of assets

Ownership of minimum household assets in both districts is presented in Table 4.2. About

one third of the households own bicycles and half of the households owning radios. Owning

television and phones is remarkably low. It is expected that phone ownership in 2010 is far

higher than reported in 2002 statistics.

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Table 4.2: Proportion of Households (%) with Select Assets, 2002

Assets Kamwenge Kabarole

Television 0.6 2.8

Radios 47.2 61.4

Phones (mobile and fixed) 1.3 5.4

Bicycles 30.6 34.3 Source: Uganda Population and Housing Census, 2002

4.4.2 Fuel in households

Firewood is the principal source of cooking fuel in the project districts. There is also usage

of charcoal but limited to a low proportion of households. Proportions of households using

of other types of fuels like paraffin and electricity are almost negligible. Households using

the type of fuel for cooking are presented in table below.

Table 4.3: Cooking fuel types in households

Type of Fuel Kamwenge Kabarole

Firewood 95.3 92.6

Charcoal 2.4 4.4

Paraffin 1.9 1.6

Electricity 0.1 0.9

Others 0.4 0.5

Source: Uganda Population and Housing Census, 2002

Prevalently, households in project districts use paraffin candles for indoor night lighting

and only about 5% of households having access to grid electricity for lighting (Table 4.4).

Table 4.4: Lighting fuel types in households

Type of Fuel Kamwenge Kabarole

Electricity/Gas 0.5 5.4

Lantern 5.6 9.3

Tadooba 88.9 82.1

Others 5.0 3.3


4.4.3 Sources of drinking water

It was observed that around 70% of the households in the project districts use other

sources of water other than piped water, borehole, protected wells and gravity flow

sources (GFS). Water source in project areas are presented below.

Table 4.5: Type of drinking water sources in households

Sources Kamwenge Kabarole

Piped water 2.2 10.9

Borehole 3.8 13.3

Protected wells 20.0 27.3

GFS 4.0 3.1

Others 70.0 45.4


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4.5 Vulnerable groups

The first RAP surveys identified a number of vulnerable households mainly ones headed by

the terminally ill, widows, elderly, orphan-headed households, women-headed

households, and disabled people. These were identified to face a number of problems

which include

e heavy workload on women, male dominance over women and low participation in

household or community decisions, high levels of girl child school dropout, early marriages

for girls and general poverty. Although no household will be demolished and physically

displaced, such vulnerable homes might need assistance, even if not financial, during

compensation.

4.6 HIV/AIDS awareness

Most people in the project areas were aware of HIV/AIDS and how it spreads with their

main sources of information being health centers, local radio stations and NGOs involved

in HIV/AIDS prevention programs. Nonetheless, risky sexual behaviors prevail and of the

people interviewed, 17% of men reported multiple sexual partners compared to only 4% of

women. Female-headed households were found to be more vulnerable to AIDS than male-

headed counterparts because of poverty which lead them to sexual exploitation for

material favors from men.

Health centers at sub-county levels play a central role in the fight against HIV/and provide

treatment, nutrition, free testing and counseling and other outreach programmes like

community sensitization through drama, music and sports. These include Nyakasharara

Health Centre IV, Kamwenge Town Council Health Centre III, Ishogorero Health Centre IV

and Rukunyu Health Centre IV. However these health centers lack drugs, have inadequate

staff, and lack space to accommodate large patient numbers.

There are also community based groups and NGOs active in community sensitization and

empowering people living with HIV/AIDS by providing them free seeds, bee-keeping skills,

poultry and improved farming methods and find markets for their produce. These include,

UWESO and Bigodi Peanut Butter Womens‘ Group Project. Most project believe that with

an improved road, health centres will be more accessible due to increased numbers of

vehicles and the community health officers will visit the communities more easily.

4.8 Social and cultural characteristics of project affected communities

4.8.1 Ethnicity

Among the project affected persons there are both indigenous people, local and foreign

migrants. Foreign migrants are mainly investors in tea estates. According to 2002

Population census, in Kabarole the Batoro are the largest ethnic group (71%) followed by

Bakiga (16%), Bakhonzo (8%), Banyankole (2%), Baganda (1%), Bafumbira (1%), and other

tribes which altogether make 3%.

In Kamwenge the Bakiga are the largest ethnic group (46%) followed by Bafumbira (16%),

Banyankole (14%), Batagwenda (14%), Batoro (6.4%), and other local tribes which

altogether make 3.7% and foreigners (0.3%).

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4.8.2 Education

Literacy rate in Kabarole district is 68% as per the Population and Housing Census 2002. A

closer look at school attendance shows that 21.4% of the population aged 10 and above

have never attended school while 11.3% completed primary school and only 5% managed to

complete secondary school. 48.2% of the population dropped out of school before

completing primary school while 14.5% dropped out before completing secondary school.

For Kamwenge district, general literacy rate is 64% but 30% of the population aged 10 and

above have never attended school, 48% never completed primary schooling, while 7%

never completed secondary school and only 3% managed to complete secondary school.

4.8.3 Cultural characteristics

The cultural characteristics of the project area are as diverse as the tribes living in the

area. Each migrant tribe comes with its own culture; however there are some cultures

which are universal to all tribes. These include family where households are headed by

men, and marriage which demands that men pay dowry for their brides. Widow

inheritance was common in the past but is slowly dying away mainly because HIV/AIDS.

Polygamy is another practice in the project area which is also dying away.

4.8.4 Settlement pattern and housing of the project affected persons

Settlements along the project area are generally linear especially in trading centres. There is

a mix of residents, small scale industries (maize, mills saw mills, welding) and commercial

buildings including shops and market stalls. All along the road, buildings are located away

from the road, the reason no residential dwelling will be razed during road upgrade.

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5 LEGAL & INSTITUTIONAL FRAMEWORK

The Constitution of the Republic of Uganda and the Land Act Cap 227 require that

compensation is paid if a development project would damage structures or other property,

or take private land. The same requirement is provided by World Bank policies and

guidelines. World Bank‘s Operational Policy 4.12 “Involuntary Resettlement" requires that

displaced persons are compensated at full replacement cost and assisted during the

relocation. While it is noted that no person shall be physically displaced by the is project,

1679 people in Kamwenge District and 851 in Kabarole District will lose strips of land,

crops or have their (non-dwelling) structures affected by the road project.

In section below, national laws and those of WB relevant to this RAP are discussed.

5.1 RELEVANT NATIONAL LAWS

For land take and displacement of people, specific attention is drawn to two Ugandan laws

that are applicable to land tenure, compensation and resettlement, namely:

i) The Constitution of the Republic of Uganda, 1995

ii) The Land Act, Cap 227

a) The Constitution of the Republic of Uganda (1995) creates for government and local

authorities a statutory power of compulsory acquisition of land in public interest, and

makes provision, inter alia, for the ―prompt payment of fair and adequate

compensation‖ prior to the taking of possession of any privately-owned property.

Such compensation is assessed in accordance with the valuation principles laid out in Section 78 of the Land Act (Cap 227), briefly outlined below:

i) The value for customary land is the open market value of unimproved land;

ii) The value of buildings on the land is taken at open market value for urban areas, and depreciated replacement cost for rural areas;

iii) The value of standing crops on the land is determined in accordance with the district compensation rates established by the respective District Land Board. Annual crops which could be harvested during the period of notice to vacate given to the landowner/ occupier of the land are excluded in determining compensation values;

iv) In addition to the total compensation assessed, there is a disturbance allowance paid of 15% or, if less than six months‘ notice to vacate is given, 30% of the total sum assessed.

b) The Land Act principally addresses four issues namely; holding, control, management

and land disputes. As regards tenure, the Act repeats, in Section 3, provisions of

Article 237 of the Constitution which vests land ownership in the citizens of Uganda, to

be held under customary, freehold, mailo or leasehold tenure systems. However, the

Land Act provides for acquisition of land or rights to use land for public works.

Regarding control of land use, the Act reaffirms statutory power of compulsory

acquisition conferred on the government and local authorities under articles 26 (2) and

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237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land

Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements

of Article 26(2) of the Constitution that requires a law to be in place for the payment

of compensation and access to the courts. The Act also requires that landowners

manage and utilize land in accordance with regulatory land use planning (Sections 44

and 46). Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a

disturbance allowance on top of the computed compensation amount as shown below:

i) 30% of compensation amount if quit notice is given within 6 months.

ii) 15% of compensation amount if quit notice is given after 6 months.

The above will be two key legal instruments under which compensation and resettlement

will be implemented in this RAP but there are other relevant laws as discussed below.

5.2 OTHER LAWS

5.2.1 The Local Government Act (1997)

Local Government Act 1997 provides for the system of Local Governments, which is based

on the District. Under both Kabarole and Kamwenge (the districts traversed by the road

project) there are lower local governments and administrative units, namely Local Council

I, II, II, IV and V. Chairperson of LC IV is the political head of a district while the Chief

Administrative Officer (CAO) is its technical head. This system provides for elected

Councils whereby chairmen nominate the executive committee of each council, functions

of which include:

i) Initiating and formulating policy for approval by council;

ii) Overseeing the implementation of Government and Council policies, and

monitoring and coordinating activities of Non-Government Organizations in the

district; and

iii) Receiving and solving disputes forwarded to it from lower local governments.

5.2.2 Land Acquisition Act (1965)

This Act makes provision for procedures and method of compulsory acquisition of land for

public purposes whether for temporary or permanent use. The Minister responsible for

land may authorize any person to enter upon the land, survey the land, dig or bore the

subsoil or any other actions necessary for ascertaining whether the land is suitable for a

given public purpose. However, compensation should be paid to any person who suffers

damage as a result of such actions.

The Land Acquisition Act stops at payment of compensation to affected people. In Uganda,

it is not a legal requirement for a project to purchase alternative land for affected

people. Once affected people are promptly and adequately compensated, the project

proponent‘s obligations stop at this extent and there is no legal requirement or provision

that people should be moved or provided with alternative land. Therefore, in Ugandan

legal context, once people are compensated, they are expected to vacate affected

properties without further claim and in this lies a major contrast with WB requirements.

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5.2.3 The Access to Roads Act (1965)

This Act seeks that a private landowner who has no reasonable means of access to public

highway may apply for leave to construct a road of access to a public highway. This law

also establishes a mechanism of applying for such access. It also establishes a legal regime

to ensure the safety of the neighboring environment.

The Act permits an owner of land who is unable through negotiations to obtain leave from

adjoining land owners to construct a road of access to the public highway, to apply to a

magistrate for leave to construct a road of access over any land lying between his land and

the public highway. This law also provides for means by which an order for the

construction of an access road can be revoked. The Act further provides for maintenance

of the access road in a good and efficient state of repair, and for payment of

compensation in respect of the use of the land, the destruction of crops of trees and such

other property.

It is not know at this point where or by whom this Act might be triggered during or after

upgrade the road, but as it indicates, any person who seeks access to a public road can

invoke this legal instrument.

5.2.4 The Roads Act (1964)

The Roads Act of 1964 is a critical piece of legislation with respect to road development

projects. It defines a road reserve as that area bounded by imaginary lines parallel to and

not more than fifty feet distant from the centerline of any road. The Act prohibits

erection of buildings or planting permanent crops within a road reserve.

The Minister or, with the consent of the Minister, a District Commissioner (currently

referred to as ―Chief Administrative Officer‖), in relation to any road within or passing

through any government town or an administrator in respect of any area not being in a

government town, may by order: -

Prescribe the line in which buildings shall be erected in such town or area, or;

Prescribe distance from the centre of the road within, which no building shall be

erected in such town or area.

The road authority is required to give written notice to the owner or occupier of land on

which prohibited activities have been carried out so as:

To pull down or remove the building or structures; or

To cut down or uproot trees or crops; or

The Act allows a road authority to dig and take away materials required for construction

and maintenance of roads in any part of a road reserve approved by the local government

authority without payment to any person.

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5.2.5 Land Tenure Regimes and Transfer of Land

Article 237 of the Constitution, 1995, vests land ownership in citizens of Uganda and

identifies four land tenure systems, namely: customary; freehold; mailo; and leasehold.

The incidents of these systems are detailed under Section 4 of the Land Act (Cap 227).

These tenure systems are provided relevant to the road project are outlined below:

5.2.5.1 Customary Tenure

This tenure is governed by rules generally accepted as binding and authoritative by

the class of persons to which it applies. In other words customary regime is not

governed by written law.

Land is owned in perpetuity.

Customary occupants are occupant of former public land, and occupy land by

virtue of their customary rights; they have proprietary interest in the land and are

entitled to certificates of customary ownership which may be acquired through

application to the Parish Land Committee and eventual issuance by the District

Land Board.

5.2.5.2 Freehold Tenure

This tenure derives its legality from the Constitution of Uganda and its incidents

from the written law.

It involves the holding of land in perpetuity or for a period less than perpetuity

fixed by a condition.

It enables the holder to exercise, subject to the law, full powers of ownership.

5.2.5.3 Leasehold Tenure

This tenure system is:

Created either by contract or by operation of the law;

A form under which the landlord of lessor grants the tenant or lessee exclusive

possession of the land, usually for a period defined and in return for a rent;

The tenant has security of tenure and a proprietary interest in the land.

Although only these latter forms of tenure are legally defined under the Land Act, the

context of common law also recognizes the statute of ―Licensee‖ or ―Sharecroppers‖,

these terms having similar meanings in practice.

Licensees are persons granted authority to use land within for agricultural production.

Traditionally, such production would be limited to annual crops. Licensees have no legal

security of tenure or any propriety right in the land. Their tenure is purely contractual.

5.2.5.4 Mailo Tenure

Mailo land is owned by Toro Kingdom, private owners who were given land donations from

the Kingdom and other people who subsequently bought mailo land from other owners.

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However according to anecdotal information obtained in project communities, relevancy

of this tenure is gradually phasing out due to low land value.

5.2.5.5 Right of Spouse and Children

The rights of spouse and children are protected under the Constitution of Uganda and the

Land Act (Cap 227). The consent of spouse and children must be acquired prior to any

transaction by the head of household on land on which the family ordinarily resides.

Section 40 of the Land Act, 1998 requires that no person shall:

a. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any

contract for the sale, exchange, transfer, pledge, mortgage or lease of any land;

b. Give away any land inter vivos, or enter into any transaction in respect of land:

In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse;

In the case of land on which the person ordinarily resides with his or her dependent children of majority age, except with the prior written consent of the dependent children of majority age;

In the case of land on which the person ordinarily resides with his or her dependent children below the majority age, except with the prior written consent of the Committee1;

In the case of land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior written consent of the Committee.

As mentioned above, road upgrade will follow existing alignment and no household would

be physically displaced. Compensation will therefore be for loss of strips of land adjoining

the road or crops and this legislation is not expected to be invoked.

5.3 VALUATION AND COMPENSATION OF ASSETS

Land take, compensation and relocation were the most frequent issues of debate

encountered during consultations with PAP. Hence, at the core of this RAP is an aim to

ensure project development embraces equitable and appropriate compensation

approaches that meet Ugandan law and international requirements.

Valuation and compensation are in accordance with rates set at district level for crops and

―non-permanent‖ structures. The rates, which are enacted by District Land Boards, are

established and updated at District level. It should be noted however that, unlike for crops

and semi-permanent structures, land value is not determined by districts. Permanent

structures and land are valued based on market value.

However, to meet World Bank requirements, in some cases, additional compensation

measures were identified in order to ensure that all households improve, or at least

restore, their livelihoods and standards of living. Since no household will be moved by the

1 “Committees “ are defined under Section 65 of the Land Act ; they are Parish Land Committees.

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project, this applies to income restoration where roadside businesses are temporarily

disrupted or lost.

5.4 WORLD BANK REQUIREMENTS

The proposed road project will trigger World Bank‘s Operational Policy 4.12: ―Involuntary

Resettlement‖ in so far as road upgrade will involve involuntary land acquisition.

World Bank experience is that, if unmitigated during development projects, involuntary resettlement can lead to undesirable economic, social and environmental risks, such as:

production systems are dismantled; people face impoverishment when their productive assets or income sources are

lost; people are relocated to environments where their productive skills may be less

applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; cultural identity, traditional authority and the potential for mutual help are

diminished or lost. OP 4.12 seeks to promote participation of affected people in resettlement planning and

implementation, and its key economic objective is to assist displaced persons in their

efforts to improve or at least restore their incomes and standards of living after

displacement. This policy aims to avoid involuntary resettlement to the extent feasible, or

to minimize its adverse social and economic impacts.

There are some stark gaps between Uganda and WB resettlement requirements. For

example, while WB requires provision of resettlement assistance where needed, according

to Uganda‘s laws project proponents are not legally bound to procure alternative land nor

provide relocation assistance to affected people if they provided fair financial

compensation based on a legally accepted valuation process. Additionally, World Bank OP

4.12 does not recognize ―depreciated value‖ for replacement of assets while Uganda‘s

Land Act Cap 227 (excerpted below) allows depreciated replacement cost in rural areas.

The Land Act, 1998:

1. The District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the following:-

a. In the case of a customary owner, the value of land shall be the Market Value of the unimproved land;

b. The value of the buildings, which shall be taken at market value in urban areas and depreciated replacement cost in rural areas;

c. The value of standing crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or licensee.

2. In addition to compensation assessed under this section, there shall be paid as a Disturbance Allowance of fifteen per cent or if less that six months’ notice to give vacant possession is given, thirty present of any sum assessed under subsection (1) of this section.

These gaps are discussed in Tables 5 and 5.1.

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Table 5: Gaps between World Bank O.P 4.12 and Ugandan legislation applicable to each impact.

No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed

1. Project Affected People, PAPs

Compensation for loss of land, property, resources and access to land and resources, and resettlement assistance is provided to all affected users (including those with formal legal rights, those with non-formal customary rights, and those with no legal rights or claims).

Compensation should be provided to legal land owners (including mailo land owners and kibanja owners). No compensation is provided to land users.

Gap. Project will provide compensation to legal and non-legal land owners, and to legal users of affected property.

2. Loss of land and assets

For land owners: Compensate for land and all assets at full replacement cost, OR replacement of land at equal/ greater value and compensation for other assets. World Bank OP 4.12 does not recognize ―depreciated value‖ for replacement of assets (which should be replaced at ―market value‖).

Cash compensation based upon market value of unimproved land + disturbance allowance (15%) if household is moved within 6 months (this rises to 30% if households are moved before 6 months). Uganda‘s Land Act Cap 227 allows depreciated replacement cost in rural areas.

Gap. Market value is based on recent transactions and thus if alternative property is purchased within a reasonable period of the payment of compensation, it is likely that market value will reflect replacement value. However, local inflation in price land or construction materials can affect what is determined as replacement cost. If this is not reflected in recent transactions, market value may not reflect replacement value and hence inflation will be addressed. Replacement of assets affected by this project will be done based on market value.

For tenants (land use holders): Compensated for assets (crops, improvements) other than land and other losses (time it takes to restore livelihood: dead time),

AND

Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation),

Entitled to compensation based on the amount of right they hold to the land.

Gap. Land owners and users will be compensated whatever the legal recognition of their tenure/occupancy. If tenants have no legal land title deed, they will compensated for crops or any improvements they have made to the land. Relocation assistance will be provided.

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Non- legal land users: Compensated for assets (crops, improvements) other than land and other losses (time it takes to restore livelihood: dead time)

AND

Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation)

No compensation is applicable under Ugandan legislation.

Gap. Non-legal land users will be considered eligible under the RAP.

Provide additional targeted assistance and opportunities to restore/ improve livelihood.

Not a legal requirement in Uganda but presumed catered for by the disturbance allowance of 15-30% of the value of property lost.

Gap. Livelihood restoration assistance to be provided.

Provide transitional support based on reasonable estimate of time required to restore income earning capacity.

No legislative requirement, but presumed catered for by the disturbance allowance of 15-30% of the value of property lost.

Gap. Transitional assistance to be provided.

3 Loss of crops and trees

Compensation for crops, trees, and other fixed assets at full replacement cost and should be sufficient to enable affected people to restore their standard of living after resettlement.

Sharecroppers: Not entitled to compensation for land, entitled to compensation for crops. Annual (seasonal) crops: No compensation since the 3 or 6-month notice is supposed to allow people to harvest their annual crops. Perennial crops: Cash compensation based upon rates per square meter /bush/tree/plant established at District level plus disturbance allowance (15% or 30%). Rates are calculated as the one-year net agricultural income. Disturbance allowance is meant to compensate the re-establishment period for these crops.

Gap. For sharecroppers and annual (seasonal) crops, the Project will provide time to enable these to be harvested by households. Once harvested, there will be no further planting. A disturbance allowance will be paid to overcome any time delays and any lost benefit as a result of the delays. For perennial crops, compensation will be based on estimated income lost for 3 years, so as to provide replacement value. A disturbance allowance will be paid as per Uganda law.

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4 Loss of structures and other improvements (fences, etc) including communal structures

Compensation for structures should cover full replacement cost exclusive of depreciation and inclusive of all fees (such as construction permits and title charges) and labour costs.

Owners of ―Permanent‖ Buildings: Valuation by valuer + disturbance allowance (15%). Valuation is based on depreciated market value. Walls: classed as permanent structures, but value calculated on investment method. Owners of ―Non-permanent‖ Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%). Note: Rates are based on depreciated market value. Tenants of structures: repayment of unused rent, and 6 months notice to vacate structure. Fences: barbed wire fences valued by government rate, based on the investment method.

Gap. Project will provide compensation based on replacement value. This will include the payment of market value for assets and a disturbance allowance.

5 Loss of business

Compensate the affected business owner for the cost of re-establishing commercial activities elsewhere, for lost net income during the period of transition and for costs of transfer and reinstallation of the business.

No compensation. The 6-month notice is supposed to allow people to re-establish their business.

Gap. The project will provide transition allowance to cover lost income during the period before business is up and running.

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6 Loss of dwelling structures

Provide adequate replacement housing OR cash compensation at full replacement value.

Owners of ―Permanent‖ Buildings: Valuation by valuer + disturbance allowance (15%). Valuation is based on depreciated market value. Walls: classed as permanent structures, but value calculated on investment method. Owners of ―Non-permanent‖ Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%). Note: Rates are based on depreciated market value. Tenants of structures: repayment of unused rent, and 6 months notice to vacate structure.

Gap. Project will provide compensation based on replacement value. This will include the payment of asset market value, a disturbance allowance, and a top up allowance (based on the current inflation rate) to compensate for the rise in construction materials.

Provide relocation assistance (cash, food, etc). If provided, determined by private negotiation. To be paid for by disturbance allowance of 15-30%.

Gap. No dwelling will be demolished by the project before any relocation assistance is paid

Provide security of tenure at the new site. No legislative requirement. Gap. Secure tenure will be replaced if lost.

Provide improved living conditions at the new resettlement site.

No legislative requirement. The project will provide replacement value to ensure pre-project conditions to the extent possible.

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Table 5.1: Gaps between World Bank OP 4.12 and Ugandan legislation applicable to each process.

No. Impact World Bank requirement Uganda requirement Gaps and how to be addressed

1. Proponent / government involvement post compensation

Resettlement should be properly managed, and carefully planned and implemented (this includes monitoring and evaluation).

It is the ultimate responsibility of the proponent to make sure the resettlement process is consistent with the requirements of WB requirements (even under government -managed resettlement).

No corresponding requirement. Gap The project will conform to WB and best practices during implementation of the RAP. UNRA will actively participate in post compensation activities including monitoring of livelihoods

2. Public Participation

Following disclosure of all relevant information, the proponent will consult with and facilitate informed participation of affected persons and communities, including host communities, in decision-making processes related to resettlement. Consultation will continue during the implementation, monitoring, and evaluation of compensation payment and resettlement.

The Constitution (Articles 231) recognizes right of Ugandans to own land and property and equitable compensation before private property is affected. This recognition is also echoed in by The Land Act. No provisions for detailed comprehensive disclosure

Gap Disclosure is part of the preparation, implementation and monitoring and evaluation of the RAP

Compensation rates should be calculated in consultation with representatives of affected populations.

Compensation rates for crops are determined and fixed by local governments (Districts). If not satisfied, a claimant can challenge in courts of law the total compensation sum derived using these rates.

Gap The project will ensure replacement value.

3. Identification of vulnerable groups

‗Vulnerable‘ groups should be identified from the start and offered specially tailored assistance throughout the resettlement process.

No requirement to specifically identify vulnerable groups, nor to undertake specific measures to provide them special assistance.

The project will identify vulnerable groups and will identify specific measures to accommodate their needs.

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In a number of situations, as shown in table above, WBG requirements are more favorable

to affected persons than Ugandan law. UNRA is committed to undertaking appropriate

compensation approaches to meet both Ugandan law and World Bank requirements such

as;

i) Compensating for loss of income after affected persons are displaced.

ii) Compensation for tenants who might not have legal land rights, but have

undertaken development or farming activities on affected land.

iii) Wherever feasible and acceptable to affected persons, provide land-for-land

compensation.

iv) Provide property owners with cash compensation at full replacement cost.

v) Wherever appropriate, provide skills assistance to affected farmers in areas such as

improved crop and animal husbandry and records keeping.

5.5 INSTITUTIONAL RESPONSIBILITIES

There are three main actors who may be involved in carrying out resettlement and/or

compensation as required in the upgrading of the road. These are UNRA (the developer

responsible for effecting compensation/resettlement) Ministry of Lands, Housing and

Urban Development (approving compensation rates), and Ministry of Works and Transport.

5.5.1 Ministry of Works and Transport

Government of Uganda and development partners requires preparation of a Resettlement

Action Plan for road development projects. This is done to ensure equitable compensation

and minimize social disruptions or negative effects on people‘s livelihoods arising from

construction of roads. Compensations assist those who have lost assets as a result of a

road project to maintain their livelihood through income restoration.

5.5.2 Ministry of Lands, Housing and Urban Development

The Chief Government Valuer in the Valuation Division in the Ministry of Housing and

Urban Development is responsible for approving the Valuation Roll. This demands fair and

transparent compensation and as such all property valued are first inspected by the Chief

Government Valuer. Chief Government Valuer‘s office is also involved in resolving public

complaints that arise from land acquisition valuations and compensation payments.

5.5.3 Uganda National Roads Authority, UNRA

This RAP will be implemented by UNRA in conjunction with respective district local

governments (Kamwenge and Kabarole Districts and village-level local councils) and key

implementation processes will include: (a) payment of compensation to affected people;

(b) rehabilitation assistance to vulnerable people identified in this RAP or by local

leaders/RAP implementation unit; (c) possible jobs as employees on the road

rehabilitation project; (d) monitoring and evaluation.

The overall implementation responsibility will be with that of UNRA through the Resident

Engineer and appointed consultant. UNRA will ensure that PAPs have adequate time to

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replace their assets and will work with such affected persons to ensure they are able to

achieve this before expiry of notice to vacate their affected properties. UNRA will make

available financial resources necessary to meet compensation and resettlement costs, as

well as additional actions necessary to satisfy and World Bank guidelines.

5.5.4 District Local Governments

Both districts traversed by the road (Kamwenge and Kabarole), like all other Uganda

districts, have five levels of local councils (LCs), namely: District, County, Sub-county,

Parish and Village these are referred to as LC5, LC4, LC3, LC2 and LC1 respectively. Local

Councils are responsible for local policy matters, economic development, resolving local

conflicts and providing orderly leadership and democratic practices at the grass roots level

in their respective areas. The system has facilitated mass participation in government

affairs and awakened the rural population to their rights of citizenship and obligations

particularly regarding involvement in development programs and projects. In the project-

affected area LC1s and LC3s are very active and directly interact with the affected

population. These councils will thus be helpful during identification of rightful property

owners and resolving compensation grievances.

5.5.5 Private Sector Entities

RAP implementation will entail involvement of private sector consultants hired by UNRA

for verification and actual payment of compensation to PAPs. These entities are not

known at this time since they will be hired through competitive bidding as per Uganda‘s

procurement laws.

All foregoing institutions are considered to have sufficient skills to undertake their

respective tasks, which for government ministries/ agencies are within their mandate. LCs

however would need facilitation to enable their active participation in project activities.

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6 COMPENSATION AND RESETTLEMENT STRATEGY

6.1 KEY PRINCIPLES

Key principles that the proponent (UNRA) will commit to during resettlement are

presented in box below:

Box 6: Key principles to heed during compensation.

Resettlement and compensation of Project-Affected People (PAP) will be carried out in

compliance with relevant Ugandan laws and WB standards. All physically or economically displaced people shall be adequately and equitably compensated. Wherever possible, UNRA shall assist affected people in restoring their livelihoods by providing transitional assistance, where necessary, if livelihoods are not restored to pre-project level.

Resettlement shall be implemented in a gender-sensitive manner. Consent of spouses shall be sought, as provided by the law (e.g. Section 40 of the Land Act, 1998). In addition, resettlement-based options shall be strongly promoted, since cash compensation to male household heads is often detrimental to women.

Cash compensation, although sought after by heads of households, could be detrimental in the medium term to other household members, particularly female spouses and children. Wherever agreeable, the project should provide ―land-for-land‖ compensation rather than cash compensation.

Compensation shall aim to ensure that people are not worse off after resettlement and attention and should be given to ‗vulnerable‘ categories such as the child-headed and female-headed households.

6.2 ELIGIBILITY FOR COMPENSATION

In resettlement terms, eligibility is defined as the criteria for qualification to receive benefits under a resettlement program. 6.2.1 ELIGIBILITY, CENSUS AND CUT-OFF DATE The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and properties 31 August 2009. No structure or field established in the project-affected area after that date would be eligible for compensation. The cut-off date after which no settlers or developers are eligible for compensation was publicized among potentially affected people. This was explained during the census and valuation exercise to all stakeholders in the area, including:

Project-affected people, identified and individually surveyed, Parish Land Committee (LC2 level), District Land Board (LC5 level), LC officials in which consultations were undertaken

The following categories are eligible for compensation:

People who have been in the surveyed part of the proposed road reserve and

working areas;

Landlords owning land affected by road;

People whose structures are to be affected by the development;

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People who rent land for cultivation (sharecroppers) and their crops or trees are to

be removed or damaged due to land acquisition activities.

Any other group of persons that has not been mentioned above but is entitled to

compensation according to the laws of Uganda and World Bank/Donor policies.

6.2.2 SPECULATIVE STRUCTURES

Opportunistic uninhabitable structures established for the sole purpose of compensation

pose a specific eligibility problem and will be addressed through the use of the following

methods to ascertain the validity of the compensation claim:

i) Inspection of the structure to determine whether it is indeed habited or not;

ii) Consultation with LC chairpersons‘ authorities to ascertain whether the contested

structure existed at the time of the cut-off date or census and whether it was

established in good faith or for an opportunistic compensation purpose.

6.3 OVERVIEW OF ENTITLEMENTS

6.3.1 Categories of Affected People During compensation, an important legal requirement is that contained in Section 40 of the Land Act that makes it compulsory to seek consent of spouses before compensation packages is paid out. As mentioned earlier (Section 6.1, Box 6-iii), cash compensation entails a number of risks for impoverishment of female spouses and children, when for example, a household head decides to marry another wife or buy luxuries instead of rebuilding a new home. Affected persons irrespective of their status (whether they have formal title, legal rights,

non-legal right) are eligible for some kind of assistance if they occupied the land before

cut-off date.

6.3.1.1 Vulnerable people

Vulnerable people are people who by virtue of gender, ethnicity, age, physical or mental

disability, economic disadvantage, or social status, may be more adversely affected by

resettlement than others and who may be limited in their ability to claim or take

advantage of resettlement assistance and related development benefits. In this case,

stakeholders form the PAP identified vulnerable people as the following:

i) Widows;

ii) Orphans;

iii) Disabled or seriously sick people, particularly people living with HIV/AIDS and other

illnesses;

iv) Second or third wives, particularly those where there is a risk that they will be

abandoned by their husbands after compensation;

v) The elderly;

vi) Households whose heads are female and who live with limited resources.

vii) Households whose heads are orphans (child-headed households).

It should be noted that vulnerability is not a static condition. For instance PAPs who were

normal at the time valuation/ surveys might be found vulnerable a year later at the time

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of effecting compensation payments. Others who were found terminally ill with AIDS and

therefore vulnerable during field surveys might have passed on but their heirs healthy and

not vulnerable. This situation should therefore be handled on a case-by-case basis during

RAP implementation.

Based on the above, information provided on vulnerable PAPs (Annex 3) should serve to

inform RAP implementation team to identify nature and state of prevailing vulnerability

and accord special assistance necessary.

6.3.2 Compensation and resettlement measures Two main resettlement packages, the details of which are provided in the section below, have been designed to ensure adequate compensation for PAPs who lose assets or livelihoods when the project is implemented. These packages have been developed in consultation with the affected community, including PAPs and local councilors to give PAPs, depending on their vulnerability categorization, the opportunity to choose options that best suit their relocation needs and circumstances. Entitlement measures were developed basing on facts below:

The majority of PAPs will only lose a small section of land that abuts the road reserve. In some cases, this will also result in the loss of permanent or temporary structures, or crops. If they have room on their remaining land holding, PAPs are likely chose to construct new structures or plant crops on their adjacent land, rather than moving to a new village. As such, current social ties and access to infrastructure or services such as water sources, schools, shops, transport services and places of worship will be maintained.

The majority of PAPs have expressed a strong preference for cash compensation rather than replacement of assets. This is despite their concerns regarding the rising price of land and construction materials;

Some PAPs however, particularly vulnerable groups, demonstrated a preference for replacement assets.

a) Option 1: Primary entitlement measures These measures are designed to be appropriate for the majority of PAPs, who are likely to only lose small strips of land adjoining existing road, some permanent or temporary structures. The measures include a mix of cash compensation for lost assets (including land, structures and crops), other assistance measures such as relocation assistance, and where appropriate, measures to cover any short-term changes in livelihood. It is presumed that cash compensation will be used by PAPs to replace lost assets by purchasing new land where necessary and/or constructing a new structure on remaining portions of their current land plots. Livelihoods will be replaced through development of new structures. b) Option 2: Other entitlement measures (provided to vulnerable groups or those

whose land will become unviable as a result of the Project)

These measures have been developed to assist vulnerable groups, or those whose land will become unviable after the resettlement. In this scenario, land and structures would be replaced (with the same tenure as pre-resettlement), and assistance would be provided to move household or business goods. No cash compensation would be provided for assets,

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but a transition and disturbance allowance shall be provided to overcome any short-term changes in livelihood. c) Measures common to both scenarios

Taxes and charges associated with purchase of new land will be paid directly by the Project. PAPs choosing cash compensation will have a choice of either receiving a cash payment or into a bank account opened by the Project (if a PAP does not have one) covering all associated bank fees and charges associated with opening a new account. The following provides a description of each of the entitlement measures for loss of assets, loss of livelihoods and other entitlement measures. 6.3.3 DESCRIPTION OF ENTITLEMENT MEASURES 6.3.1.1 Compensation for loss of land

Compensation for the loss of land will be offered to all PAPs who currently own or use land, irrespective of legality their tenure. Under the Primary Entitlement Measures (Option 1), cash compensation will be provided, based on market value and disturbance allowance of 30%. This is considered adequate for replacement value. During consultation, households mentioned that they had already begun looking for replacement land and were waiting on the compensation payment to effect the purchases. For vulnerable groups, or those whose land will become unviable, an option will be provided for replacement land of similar size, quality and tenure (freehold or lease). 6.3.1.2 Compensation for Loss of Crops

a) Perennial crops

Cash compensation will be provided for the loss of perennial crops, calculated using the

approved district rates. However, since Uganda government rates do not include provision

for loss of income associated with these crops, a transitional allowance will also be

provided to cover any loss of livelihood during the period between loss of crops and

availability of income from new (replanted) crops.

The purpose of the perennial crop transition allowance is to cover lost income incurred by

households during the transition period until replacement crops are ready for harvest.

Compensation is paid based on assumption that 10% of perennial crops are sold annually.

Farmers are aware of possible future road expansions and do not grow permanent

(perennial) crops in road reserves, or near roads generally. Since perennial crops are

grown away from the road, 10% is suggested as a realistic proportion of potentially

affected perennial crops. PAPs will be paid 10% of their annual crop income for 3 years to

provide a transition allowance while new crops are grown. Considering the small strips of

land to be lost along the road, respective compensation values shall be proportionately

derived for each affected land size.

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b) Annual (seasonal) crops

The project will provide all compensation under the entitlement matrix three months

prior to the commencement of construction. At the time of payment, the timing of the

project will be made clear and instruction provided as to how crops will be managed

during this time. This timeframe provide adequate opportunity for all seasonal (or

―annual‖) crops to be harvested, and thus there is no impact to annual crops. As such, no

direct compensation will be paid for these crops.

A transitional allowance will be provided to ensure that any changes in livelihood derived

from such crops is adequately compensated. Compensation will be paid in the amount of

Ug. Shs 33,000 per household which loses annual crops. This is calculated on the basis of

10% of the average daily income from agriculture, for a period of one month. The

assumptions that underpin this calculation are as follows:

The range of income earned from agricultural products in the project affected areas is

UgShs 2,000-20,000 daily, thus an average of UgShs 11,000 per day. This includes

income derived from livestock, which will not be affected by the Project;

Most households will only lose a small percentage of their land plot, and thus

agricultural activities and income derived from them would mostly remain unaffected

in the remaining land;

Adequate time will be provided for the harvest of crops and compensation for lost land

and other assets will be provided in advance, enabling replacement. Impacts

therefore, are likely to be minimal.

These measures are the same under Option 1 and 2. Compensation rates for crops are

guided by district rates usually updated regularly.

c) Unintentional damage to crops

If there is unintentional damage to crops during road construction whether owned by PAPs or not, compensation will be paid for both annual and perennial crops, based on approved district rates. 6.3.1.3 Compensation for loss of structures

a) Owners of permanent structures For current land owners, under the primary entitlement measures (Option 1), cash compensation for permanent structures will be provided, calculated basing on prevailing market value, and a disturbance allowance of 30%. In addition, a further payment is recommended to cover increase in cost of construction materials from the time government rates were developed in each of the two districts. This will be calculated at the current inflation rate. Those who would prefer non-cash based compensation (Option 2), a new permanent structure (either business or residential) will be provided. This will be of similar size, design and tenure as current structures, and where possible, will be located in the same village as the current structure. This process will be undertaken in consultation with the affected household/business.

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b) Tenants of permanent structures (residential and commercial) Under the primary entitlement measures (Option 1), if tenants of permanent or temporary structures are identified, they will be provided with cash compensation for any fixed assets that cannot be relocated. It is however unlikely that these will exist since tenants are not usually allowed to develop permanent assets on rented premises. c) Owners and tenants of temporary structures Affected persons may salvage building materials at their own cost from old structures to reuse elsewhere. Also, for those moving to a new settlement, or non-adjacent land, transport assistance will be provided by UNRA for households or business goods. In addition, for vulnerable groups only, labor will be provided where necessary to assist with loading and unloading of property, as determined on a case by case basis. This measure is considered unnecessary for non-vulnerable households, as they would prefer this to be done by household members to avoid theft, and maintain privacy about their household or business property. Districts have also established compensation rates for temporary structures that are updated regularly. d) Damage to structures (permanent and temporary)

If there is unintentional damage to structures during the construction process, compensation will be paid for all losses by the contractor. This will be calculated based on approved district rates (for semi-permanent structures) and market value (for permanent structures) and will be available for all structures whether owned by PAPs or not. 6.3.1.4 Compensation for loss of business (owners and tenants)

Compensation will be paid to business owners and tenants for the potential loss of business income. A transition allowance will be provided in the amount of UgShs 240,000, which is calculated on 50% of the average daily income for a period of one month. This measure has been based on the following assumptions:

The range of income earned in businesses in the project affected areas is UgShs2,000-

30,000 per day, thus an average of UgShs16,000 per day (see baseline section);

Most PAPs are likely to choose to relocate their business onto the adjoining portion of

their land, and thus will remain in their current village (see above for compensation

measures for the loss of land);

Much of the trade for retail or restaurant/bar businesses is from within the locality

(town or trading center), and thus is likely to remain constant during the construction

and operation phases of the Project; and

Households are likely to be able to continue to operate their current business from the

old structure while new premises is constructed (using compensation payment),

therefore income will still be generated during this time.

6.3.1.5 Compensation for loss of employment

The number of PAPs who will lose employment as a result of the Project, even in the short term, is very low. Those most likely to be affected are those working in roadside wooden kiosks, shops, bars and restaurants. For those who do lose employment, a transition

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allowance of UgSh77.500 will be provided for workers in all affected business. This is calculated on the basis of the average wage for a period of one month. The assumptions that underpin this calculation include the following: a) Bar or restaurant workers generally earn between UgShs 40,000 per month (when

housed and UgShs 80,000 per month if not housed. Shop workers generally earn slightly more, between UgShs 80,000 per month (when housed) and UgShs 110,000 per month (if not housed). The average income therefore is about UgSh 77,500 per month.

b) Most workers will continue their employment in the new premises, and thus there will be minimal change to livelihoods. However, a transition allowance will provide assurance that their livelihoods are not affected.

6.3.1.6 Payment of bank charges

For households who do not currently have a bank account, but would prefer compensation not to be made in cash, the Project will facilitate opening of a bank account and will pay all associated costs directly to the Bank. This however does not preclude the choice of cash payment for anyone who so wishes. 6.3.2.4 Transport refund when collecting compensation

The project will provide cash compensation in advance for the payment of transport to payment stations for the collection of compensation payments. This will be in the amount of 20,000 per household, based on prevailing average transport costs in the project areas. 6.3.4 Payment options All PAPs will have the option of receiving cash compensation in a lump sum, or in regular installments. The total amount of compensation will remain the same under both options.

A summary of entitlement matrix is shown in Table 6.1 below.

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Table 6.1: Entitlement matrix

Impact Description Entitled Compensation Measure Unit

For all Project affected households

Banking fees payment of any bank charges associated with receipt of cash compensation

payment of fees for opening new bank account (if required)

All affected PAPs (per household)

Payment of all relevant fees and charges directly to the bank (cash compensation to individual households is not applicable).

UgSh / household

Transport costs transport to the location where compensation will be provided

All PAPs (per household)

Cash compensation UgSh /household

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Specific Entitlements

Loss of land no permanent structure on the land

permanent structure will not be demolished

remaining land still viable for current use

Lease Freehold Government

Cash compensation (1)

no permanent structure on the land or permanent structure will not be demolished

Land used or owned by vulnerable households, or

Land owner becomes landless (as defined by Ugandan law) OR land reduction results in food insecurity



land on which permanent structure to be demolished is located;

Land used or owned by vulnerable households, or

the remaining land owned by the landowner creates a) food insecurity OR b) landlessness for the PAP



Loss of structure permanent dwelling Owner Cash compensation

permanent dwelling Tenant Disturbance allowance

permanent business structure Owner, non vulnerable

Cash compensation

permanent business structure Owner, vulnerable

Cash compensation

permanent business structure Tenant Disturbance allowance

permanent structure used for both dwelling and business

Owner, non vulnerable

Cash compensation

permanent structure used for both dwelling and business

Owner, vulnerable

Cash compensation

permanent structure used for both Tenant Disturbance allowance

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dwelling and business

temporary structure (e.g. pit latrine, fence etc)

Owner Cash compensation

Loss of perennial crops

Crops with growth period more than a year.

Crop owner Cash compensation

Transition allowance

Payment for damage to crops (if any)

Various amounts dependant on crop/plant.

Loss of annual crops Six months or more notice provided prior to use of the land by the Project

Owner No compensation payable. -

Less that 6 months notice provided prior to use of the land by the Project

Owner Crops that take more than 3 months to grow to harvesting stage are not considered seasonal crops and are eligible for compensation. Transition allowance

Payment for damage to crops (if any)

Set amount

Loss of business Businesses who move to new settlement or to non adjacent land

Owners Tenants

Transport assistance to move business goods.

Transition allowance

UgShs/ trip UgShs/ business

Businesses who move to adjacent land

Owners Tenants

Transition allowance UgShs/ business

Loss of employment Employees in business where structure is to be demolished due to Project activities

Employees Transitional allowance

If feasible ensure continuity of employment of affected persons by contactor providing job on road project (where any PAP is interested in such jobs).

UgShs/ individual

(1) Defined here as the government rates, and disturbance allowance under Ugandan law (15% or30%). All cash compensation will include a disturbance allowance.

Affected people prevalently preferred cash compensation for assets (land and structures) in spite of inherent risks (e.g. squandering resources before rebuilding their livelihoods, theft, inflation, etc). For buildings PAPs would have liberty to salvage construction materials or any material they desire from affected structures.

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7 CONSULTATION WITH AFFECTED COMMUNITIES

Consultations were carried out with project affected people and district officers during preparation of this RAP to provide opportunity for PAPs to know project objectives and implications on them and their assets. The PAPs were also informed of what resettlement options were available to them. Views of the PAPs and their concerns were collected, documented and later integrated in resettlement measures outlined in the RAP. During consultations, it was clearly explained to PAPs that resettlement did not mean displacement and relocation in the literal sense but also loss of physical and economic assets and measures that follow to help restore livelihoods of any affected persons.

Table 7.1: Stakeholder views

Issues/ Concerns Stakeholder suggestions

PAPs were concerned that receiving and keeping cash payments at home could lead to robberies.

To avoid this, people preferred to receive large compensation payments into bank accounts but most PAPs actually did not have them and requested UNRA to facilitate opening up accounts at available banks such as Stanbic, Centenary and Post bank.

Lack of legal title to land and buildings hence a fear that ownership may not be recognised.

The common land tenure systems include customary, leasehold. To avert peoples‘ fears all PAPs have been listed and recorded. All persons irrespective of their ownership status (i.e. with or without title deeds and users) are eligible for some sort of compensation so long as they existed during the evaluation period. New cases after valuation will not be catered for

Lack of letters of administration and family conflicts on who is the right person to be compensated.

Money to be kept by the paying consultant until family grievances are resolved.

On going construction as to whether such activities should stop forth with.

Money to be paid according to initial valuation. Additional constructions would not be compensated.

Compensation date. UNRA should continually communicate to PAPs.

Grievances, where does one go? Grievance committee should be set up comprised of LCs, CBO, NGO, elder, and the consultant

Protection of the basic existing infrastructure e.g. water sources, electricity.

These facilities should be restored or an alternative provided.

Local councils taking 10% from compensation funds.

The local councils are allowed to deduct this money for development purposes but unfortunately not much development is seen.

Gender violence as a result of men becoming rich through compensation.

Separate accounts should be opened for man and wife and each given his or portion of the money.

Wrong names given to the valuers due to the absence of the rightful owner.

The grieved members should inform the valuers as soon as possible for records to be corrected.

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8 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES

8.1 GRIEVANCE PROCESS

This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff or contractors as part of the RAP implementation. It also describes the procedures, roles and responsibilities for addressing grievances and resolving disputes. In addition, the grievance process will allow the Project to be informed of issues concerning local communities so that it can be pro-active in identifying solutions. This grievance procedure will not replace the existing legal process in Uganda rather it seeks to resolve issues quickly so as to expedite receipt of entitlements and smooth resettlement without resorting to expensive and time-consuming legal action. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress. The grievance system will operate for a total of three years. The project will therefore put in place an extra-judicial mechanism for managing grievances and disputes based on explanation and mediation. Every aggrieved person shall be able to trigger this mechanism, while still being able to resort to the formal judicial system. The objectives of the grievance process are as follows: Provide affected people with avenues for making a complaint or resolving any dispute

that may arise during the course of land and asset acquisition, including during the process of moving homes;

Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints;

Verify that complaints are satisfied with outcomes of corrective actions; Avoid the need to resort to judicial proceedings.

8.2 GRIEVANCE MECHANISM

The Grievance Mechanism operating at each location will receive inputs from three main sources: Directly from the resettled residents or other members of affected settlements. From the implementation team executing the resettlement. From the Monitoring and Evaluation Officer who will forward issues/concerns identified

in the field. Steps of the grievance process are described below. A flow chart outlining the main actions and decision points is shown in Figure 3.

Step 1: Receipt of complaint

A verbal or in written complaint from a PAP will be received by the Grievance Officer and recorded in a grievance log (electronically if possible) which will be held at UNRA field office. There will be need for the grievance team to hold meetings at sub-county headquarters where grievances are received by a contact person such as the Sub-county chief who would then hand over received complaints to UNRA‘s grievance officer, for entering into the grievance log. The log would indicate grievances, date lodged, actions taken to address or reasons the grievance was not acted on (i.e. the grievance was not related to the resettlement process); information provided to complainant and date the grievance was closed.

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Grievances can be lodged at any time, either directly to UNRA office or via the grievance committee member. The process for lodging a complaint is outlined below: i) The Grievance Officer will receive a complaint from the complainant. ii) The Grievance Officer will ask the claimant questions in their local

language, write the answers in English and enter them in English onto the Grievance Form.

iii) A representative of an independent local organization) witnesses translation of the grievance into English.

iv) The Grievance Officer reads the complaint in English and translates it into the complainant‘s local language on the Grievance Form.

v) The local leader and the complainant both sign the Grievance Form after they both confirm the accuracy of the grievance.

vi) The Grievance Officer lodges the complaint in the Grievance Log. Step 2: Determination of corrective action If in their judgement, the grievance can be solved at this stage, the Grievance Officer and a representative of an independent organization will determine a corrective action in consultation with the aggrieved person. A description of the action; the time frame in which the action is to take place and the party responsible for implementing the action will be recorded in the grievance database. Grievances will be resolved and status reported back to complainants within 30 days. If more time is required this will be communicated clearly and in advance to the aggrieved person. For cases that are not resolved within the stipulated time, detailed investigations will be undertaken and results discussed in the monthly meetings with affected persons. In some instances, it may be appropriate to appoint independent third parties to undertake the investigations. Step 3: Meeting with the complainant The proposed corrective action and the timeframe in which it is to be implemented will be discussed with the complainant within 30 days of receipt of the grievance. Written agreement to proceed with the corrective action will be sought from the complainant (e.g. by use of an appropriate consent form). If no agreement is reached, Step 2 will be re-visited.

Step 4: Implementation of corrective action Agreed corrective action will be undertaken by the project or its contractors within the agreed timeframe. The date of the completed action will be recorded in the grievance database. Step 5: Verification of corrective action To verify satisfaction, the aggrieved person will be approached by the Grievance Officer to verify that the corrective action has been implemented. A signature of the complainant will be obtained and recorded in the log and/or on the consent form (see Step 3). If the complainant is not satisfied with the outcome of the corrective action additional steps may be undertaken to reach agreement between

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the parties. If additional corrective action is not possible alternative avenues may be pursued.

Step 6: Action by local leaders and project contractors If the Grievance Officer and independent observer cannot solve the grievance, it will be referred to relevant parties such as local leaders, UNRA – Social and Environmental Officers, Construction Contractor, Valuer and AWE, for consultation and relevant feedback provided. Step 7: Action by Grievance Committee If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complaint will be handled by the Grievance Committee. A dedicated Grievance Committee will be established to assess grievances that arise from disputes. This will include the following members: 1. LC3; 2. District Land Officer – Surveyor; 3. Representative of the valuer, 4. Grievance Officer 5. UNRA This committee must have a quorum of at least 3. Decisions will be reached by simple majority. The Grievance Committee should be constituted for as long as no more grievances are lodged. Once the Grievance Committee has determined its approach to the lodged grievance, this will be communicated to the Grievance Officer, who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. Sections below provide key people involved in the grievance redress mechanism and associated actions. Step 8: Action by UNRA management If no satisfactory solution can be provided by the Grievance Committee the complaint will be resolved by UNRA top management. If after management intervention, resolution is not reached the complaint has the option to pursue appropriate recourse via judicial processes.

Sections below provide key people involved in the grievance redress process and associated actions. a) Grievance Officer A Grievance Officer (GO), who is a member of the implementation team, will lead the grievance mechanism. Principal responsibilities of the GO will include:

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i) Recording the grievances, both written and oral, of the affected people, categorizing and prioritizing them and providing solutions within a specified time period.

ii) Discussing grievances on a regular basis with the Working Group and coming up with decision/actions for issues that can be resolved at that level.

iii) Informing the Steering Committee of serious cases within an appropriate time frame.

iv) Reporting to the aggrieved parties about developments regarding their grievances and decisions of the Steering Committee.

v) Providing inputs into the Monitoring and Evaluation process It will be important that all PAPs along the road have access to the grievance process. b) Specific tasks of the GO

i) Set up a systematic process of recording grievances in a register (―Grievance Book‖) as well as electronically. Upon request PAPS may view the log of their grievance.

ii) Record both written and verbally communicated grievances.

iii) Categorize issues in 3-4 broad categories in order to review and resolve them more efficiently. Suggested categories are grievances regarding:

1. Replacement structure or land, and procurement of construction materials; 2. Agriculture and crops; 3. Livelihoods; and 4. Valuation process and payment of compensation.

iv) Prepare a database for recording and keeping track of the grievances and

how they were resolved. The database should be a ‗living‘ document, updated weekly. It should also record the status of each grievance. Access to making entries into the database should be restricted to the implementation team, but the PAP will be able to obtain feedback on the status of his/her grievance at any time.

v) Communicate the grievance procedure to people, process of recording their complaints and timelines for redress. Communication will be provided during household disclosure process and to community leaders. Information will also be provided to affected persons outlining procedures and commitments of the grievance mechanism.

vi) Raise grievances at the regular Implementation Team meeting for discussion.

Some resolutions will require coordination/ interaction with the local authorities, which the GO should follow up, while some would require intervention from UNRA.

c) Capacity building of the GO Since his/her role is crucial in ensuring that the RAP process is transparent, UNRA will select the GO not only based on educational qualifications and experience, but also commitment. A flawed grievance process can disrupt the RAP process, leading to resentment and dissatisfaction among affected communities.

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Depending on the GO‘s experience, the capacity building for the GO may require initial orientation and a follow-up training program. In such cases, training should include the following:

Use of computers and maintenance of databases to record and update the Grievance Register,

Effective use of communication mediums and methods to interact with the community as well as for conflict resolution, and

Coordination with relevant stakeholders which may include the implementation team, contract team, or local authorities.

The grievance process to be followed is depicted in figure below. Figure 8.1: Grievance management mechanism

8.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES

8.3.1 Valuation In addition to the overall management process for grievances, there are likely to be grievances specifically related to the valuation process. These are likely to come when households consider compensation values for their assets insufficient. This might arise when PAPs doubt if valuation values do indeed provide replacement value. If PAPs misunderstood the compensation process and believe they are entitled to additional compensation, they might lodge complaints. Given this, the Project has developed a dedicated procedure to manage and close out grievances relating to valuation.

Local Leaders, UNRA – SEO, Construction

Contractor, Valuer

Grievance Database

Grievance Officer and Independent Organization

Host Community Affected Residents

Grievances/issues

Response

Key:

File grievance Communicate decision

Yes

No

Can it be resolved?

No Yes

Is it resolved?

Grievance Committee,

UNRA

Can it be resolved?

Executive Director UNRA

Yes

No

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8.3.2 Valuation grievance decision making procedures While some grievances would be resolved by the committee, others might not, such as when the claimant contests District property or crop rates. Therefore the Grievance Officer (―GO‖) will determine whether a complaint can be resolved by the committee or, if not, should be referred to the Chief Government Valuer (―CGV‖). i) If no, the GO refers the complaint to the CGV. ii) The CGV refers then grievance to the valuer who then returns to the surveyor to

obtain clarification. If no settlement is achieved at this stage, the aggrieved person can resort to the judicial process.

iii) If the complaint concerns the road contractor, the Grievance Officer refers such a complaint to UNRA Management.

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9 IMPLEMENTATION OF THE RAP

9.1 IMPLEMENTATION ARRANGEMENTS

9.1.1 RAP IMPLEMENTATION UNIT

For any road works to commence, affected people must be compensated before taking

their land or demolishing structures. Working together with local government officials,

UNRA will put in place a dedicated unit headed by one of its managers, to implement this

RAP. The unit will be responsible for ensuring that affected persons have succeeded in

restoring their livelihoods after relocation.

In addition, the groups that will be involved in the implementation of the RAP include the

following:

a) UNRA (project proponent).

b) Kamwenge and Kabarole District and local administration with regular consultations

and briefings with political and technical offices, as follows:

Political representative of the LC5 Office (District Council Representative).

Social and technical representative of the local administration (District Council

Representative) Local council leaders of affected villages.

Local council leaders of affected villages.

Table 9.1: Local Administrative Advisors to the Implementation Unit

Proposed persons Number Total

Sub-county Chief 1 2

LC 3 Chairperson 1

Town Clerk (or his representative) 1 2

Town Planner 1

Sub-county Chief 1 2

LC 3 Chairperson 1

c) Valuer on ―as-needed‖ basis.

d) Independent Organization (NGO)

Note that the political leadership of the District would mainly serve as witnesses to the

RAP implementation process. A technical representative, preferably from the District

Land Office or Social Development Office could be useful in providing on-the-spot

technical answers to PAPs, at the payment desk, when necessary.

Figure 4 shows the structure of proposed RAP implementation unit. A senior management

committee will generally oversee the resettlement process, to guide and assist day to day

activities undertaken by the main implementation unit. They will work together to ensure

that measures identified in the RAP are acceptable to stakeholders, and that

implementation of the RAP is undertaken in a responsible and efficient manner. Before

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resettlement, the groups will be responsible for planning implementation of the RAP,

communicating compensation measures identified in the RAP to PAPs and dealing with the

day to day activities associated with grievances. After the RAP, the unit will be

responsible for the ongoing monitoring and grievance process, and ensuring that PAPs are

fully assisted in restoring their lives.

Figure 9.1: Proposed RAP implementation unit

The implementation unit will comprise a Core Unit responsible for day-to-day operations

and an Advisory Unit. Composition of respective the units will be as follows:

i) Core Unit will comprise the following:

a) Implementation Team

- Implementation Manager (1)

- Implementation Officer (1)

- Monitoring Officer (1)

- Administrators (3)

b) UNRA Director (1)

c) Valuers (1)

d) Independent Organization/ NGO

Implementation and Advisory Unit

• UNRA representatives

• Local Council Leaders (LC 3 chairpersons, Sub-county chief, Sub-county Accountant)

• Valuer (as needed)

• District Local Government Core Unit

• Implementation Team

•UNRA Director (1)

•Valuers (1)

•Independent Organization/ NGO

Senior Management Unit Includes senior representatives from UNRA, Valuer and local government.

External Consultants (monitoring &

evaluation)

Construction Contractors

Responsibilities include:

Overseeing resettlement and rehabilitation

Allocation of appropriate resources Resolving major grievances Budget control Reviewing monitoring/evaluation

reports

Input from all affected people- both those who are being resettled, and from any other interested parties (e.g. host community)

Responsibilities include:

Consultation with residents Planning and implementing

entitlement measures Payment of compensation Responding to grievances Undertake monitoring activities Regular reporting to the Senior

Management

Key:

Two way flow of information

Reporting Requirements

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In addition, administrative support may be required to support this team.

ii) Advisory Unit will constitute the following:

a) District Administration (2 part time)

b) Local Council Leaders of Affected Villages (6 part time)

Role of the Implementation Officer

The Implementation Officer will be responsible for implementation of the RAP prior to the

move and during the move. The key responsibilities will include:

a) Coordinating and planning to payment of cash compensation (for those who have

chosen Option 1)

b) Coordinating with the construction contractors on scheduling the move (for those who

have chosen Option 2).

c) Organizing and implementing non cash compensation measures such as assistance to

move etc

d) Sensitizing the Contractors about the resettlement process and setting up mutually

acceptable clear guidelines on do‘s and don‘ts.

e) Consultation with the community on a regular basis.

f) Establishing a resettlement database, to be regularly updated and accessible by the

community.

g) Verifying functionality of utilities in houses with home owners (for those who have

chosen Option 2).

h) Assisting in external and internal monitoring and evaluation of the resettlement

process.

Given the construction schedule and the need to have the RAP implemented as soon as

possible, the role of the implementation office could be shared by more than one

individual to ensure that tasks are undertaken in adequate time. However, all members of

the implementation team will need to work together to ensure that tasks are completed in

the most efficient manner.

9.2 PAYMENT PROCEDURE

9.2.1 NOTIFICATION OF COMPENSATION

Before receiving their compensation, each PAP will receive an individual household

entitlement matrix. The household entitlement matrix will indicate details of the final

valuation and compensation, including the following:

i) Confirmation of the choice of options by the PAP.

ii) The amount approved by the Chief Government Valuer.

iii) A description of the methods used, including specifics of the valuation of structures,

crops and land.

iv) The additional measures to be paid by the project, such as transitional or transport

allowance, and also detail the other support offered by the Project, such as relocation

assistance.

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v) The total cash compensation payable.

vi) Information on the grievance procedure.

vii) Information regarding documents required to claim compensation (such as original

documentation or passport photos).

viii) Confirmation that if the PAP chooses to open a bank account to receive compensation,

how, where and when this can be done, and that all charges associated with this will

be paid by the Project.

ix) Upon receiving the individual entitlement matrix, the PAP must sign acceptance of

their entitlement choices. In addition, the claimant will be asked for identification.

Thereafter, all PAPs will be provided a two-week period in which they can modify their

choices.

In cases where the Mailo landowners do not reside in project areas:

UNRA will check with those currently on the land to identify their location.

If this fails, UNRA will place advertisements in national papers or radios etc. in an

attempt to inform the Mailo land owners about their entitlements to compensation.

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Payment Logistics a) Payment Days: Days on which PAPs receive payment will depend on payment days assigned to the PAPs‘ respective villages. Payment will be disbursed to PAPS two villages per day (―Village Payment Days‖). Heads of households should be accompanied by spouses to receive compensation payments. However, if a spouse is unable to come along then claimant should carry a letter signed by the spouse to this effect. In the case of polygamous households, UNRA will encourage all their spouses to be present during compensation payments. Complaints arising from such compensation will be addressed under the grievance process. UNRA will ensure that communities are made aware of this during community interactions. If a PAP misses their respective ―Village Payment Days‖ – the PAP must make special arrangements with their LC1s to collect their payment. However, every effort will be made by the Project to ensure that households are available on their allocated payment days and thus it is anticipated that this will apply in very few cases. b) Location Disbursements will be handed out at a local bank (―Disbursement Location‖) and a transport refund provided for all PAPs that travel to receive payment. c) Present at location At least three of the following representatives will present at the Disbursement Location:

UNRA representative Representatives of the local administration A representative of the district administration

d) Tracking payment: To track payments, photographs of all PAPs will taken, which will be entered into the compensation log. e) Payment by Installment Payment will be made by UNRA or its appointed agent. On payment, a receipt will be signed by the payee, payer/ UNRA representative and a local administration witness. Ugandan law requires that compensation be accomplished before entry onto private property. So where payment in several installments is preferred (as a mitigation of the risk of cash misuse, which could affect female spouses and children), this contradiction can be overcome as follows: i) Obtain a written consent from compensation recipients for their payment to be

made in installments rather than as a ―one-off‖. ii) Sign a compensation agreement that clearly indicates a payment schedule rather

than lumpsum payment.

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Where payment will be made in installments, compensation certificates and agreements should include the detailed schedule of payments. Signatories of the compensation agreements should the compensation Recipient and UNRA representative, and be witnessed by a member of the parish land committee.

f) Exceptional Situations

Deceased Owners: Up-to-date documentation must be obtained prior to payment of

compensation. All charges for this will be reimbursed by the Project upon receipt of

adequate proof of such costs. PAPs will be informed of the documentation required during

disclosure, so as to prepare them in adequate advance.

Joint Owners: Before compensation is affected to one of joint owners, a signed letter

must be presented showing that the other parties have consented that the said person

receives payment on their behalf.

Disputed Ownership: In case of disputes during RAP implementation, ownership of a

property has to be verified by a letter from the local village council (LC1) and this letter is

one of requirements on compensation day. Ownership of a disputed property is resolved by

a land committee (at Sub-country level) together with local council (LC) leadership of the

village in which the property is located. The structure for resolving such disputes are

already in place within the local government administration system. If these free

structures fail, a person resorts to courts of law.

9.2.2 COMPENSATION UNDER THE DIFFERENT OPTIONS While the nature of compensation is different under both entitlement options, the process for the payment of compensation will be the same in terms of notification to residents, documents required and development of household entitlement matrix. However due to the nature of replacement assets, some different arrangements will need to be made for those who chose Option 2 (replacement assets). At this stage, the number of people who will chose this option is unknown and thus it is difficult to plan a systematic approach to the payment of all compensation. It is envisaged that affected persons are likely to have different needs for the nature of replacement assets and therefore measures need to be developed to meet individual household needs. The Project however, commits to the following principles for replacing assets:

Cash compensation (e.g. transport, transition allowance) will be paid in the same manner as for those choosing Option 1;

The households will be involved in the design of any replacement structures and in the location of replacement land; and

Close communication with each household will be maintained throughout the entire period where assets are to be replaced, to ensure that the timing and arrangement are clear to all PAPs.

9.2.3 MUTATION OF COMPENSATED LAND Upon payment, Mutation Forms will be filled and Letters of Surrender issued to Title Deed holders. From the title deeds, land compensated by the project will be mutated and its ownership henceforth reverts to Uganda Government as a road reserve.

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9.2.4 IMPLEMENTATION SCHEDULE

The RAP implementation schedule is proposed over a period of 12 months during which monitoring would be undertaken throughout the construction period and for extra two years after construction. The RAP implementation unit and local committees would be formed shortly afterward approval of valuation report by CGV‘s office. Compensation payments, rehabilitation assistance and grievance redress is anticipated to start at about the same time and extend over 9 months including the 3-months to vacate. UNRA will ensure that PAPs have adequate time to replace their assets and will work with them to make sure that they are able to do so before expiry of the notice to vacate affected property. The implementation schedule below covers all resettlement activities from preparation through implementation, including target dates for achievement of expected benefits.

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

a) RAP approval.

b) RAP disclosure.

c) 3 months notice to leave

d) Grievances management.

e) Compensation payment.

f) RAP monitoring

g) 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.

9.3 RESETTLEMENT BUDGET

The compensation and resettlement budget was based on valuation surveyor‘s

computations of value of affected land, structures and businesses, approval by Uganda‘s

Chief Government Valuer, top-up payments to meet World Bank Guidelines and

administrative costs of implementing the Resettlement Action Plan. The resettlement

budget according to Uganda laws is shown in Table 9.

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Table 9: Resettlement budget

District Value of land (UgShs) A

Value of building (UgShs) B

Value of trees, crops (UgShs) C

15% Disturbance Allowance (UgShs) D =15%(A+B+C)

3% of crops value for livelihood restoration due to crop loss

(UgShs). 1

E=3%(C)

6% of value of buildings for income restoration due to loss of businesses/

business structures. 2

F=6%(B)

Total Compensation Award (UgShs)

1 KAMWENGE 629,635,849 804,177,278 276,122,500 256,490,344 8,283,675.00 48,250,636.68 2,022,960,283

2 KABAROLE 378,863,478 628,213,326 87,213,326 164,126,155 2,616,399.78 37,692,799.56 1,298,725,484

Subtotal 1 3,321,685,767

Other costs

1 RAP implementation

consultant 3

300,000,000

2 Monitoring & evaluation

100,000,000

3 Provisional sum for special assistance to vulnerable people

50,000,000

Subtotal 2 450,000,000

Grand total (subtotal 1 + subtotal 2)

3,771,685,767

1: Livelihood restoration related to loss of crops but minimal impact on crops will occur since affected land is in existing road reserve. 2: Income restoration in regard to impacted commercial buildings and businesses. 3: provisional sum for RAP implementation. Actual figure to be determined by competitive bidding.

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10 MONITORING, EVALUATION AND COMPLETION AUDIT

The purpose of monitoring and evaluation for this RAP will be to report about the effectiveness of the implementation of the RAP, covering resettlement, disbursement of compensation and effectiveness of public involvement, amongst others. Monitoring and purposeful evaluation will be key factors for successful resettlement activities. Monitoring will also entail evaluation of effectiveness of the grievance management process. Therefore sections below present the proposed Monitoring and Evaluation Framework for the implementation this RAP, including a plan for monitoring and evaluation of the compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including the World Bank. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule, support of vulnerable PAPs.

10.1 GENERAL OBJECTIVES AND APPROACH

The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components:

a) Internal monitoring – undertaken by the implementation unit / Monitoring Officer; and,

b) External evaluations –by WB and other national stakeholders. 10.1.1 Internal monitoring process

10.1.1.1 Overview

Overall objectives and tasks of the internal monitoring process are: Identification of suitable indicators; Measurement of indicators at appropriate intervals; Creation of a mechanism to analyze M&E data against a pre-resettlement baseline; and Set up a system to regularly respond to M&E findings by adapting existing measures or by

modifying implementation processes. This monitoring process will be used to analyze progress and change at regular intervals. It shall be linked to the various stages of the RAP, as follows:- a) During resettlement During resettlement, M&E should focus on resettlement issues such as: Number of families that have been compensated; Number of people who have acquired legal papers to new property, Number of business owners who have restored their businesses, Efficiency and effectiveness of grievance redress mechanism.

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b) After resettlement Post resettlement monitoring should focus on rehabilitation issues and status on each of the measures should be assessed, for example: Success level of restoration of livelihoods Success level of restoration of assets Efficiency and effectiveness of grievance redress mechanism.

10.1.1.2 Key Activities and Responsibilities

i) Set up a system: The RAP implementation team will provide a monitoring form to be

completed monthly by the M&E officer at each sub-county. The forms will cover aspects in Section 10.1.1 above. The information collected will be entered in an existing database at UNRA for further analysis and compilation into quarterly reports.

ii) Ongoing Monitoring: The M&E Officer for each location will be in-charge of regular

monitoring of the implementation process. This will involve:

a) Feedback and inputs from the Implementation Officers. b) Reviewing of the resettlement database. c) Receiving reports from Grievance Officer and of the grievance database. d) Receiving information from local representatives. e) Direct consultation with the resettled community at each location.

iii) Monthly reports: Consolidated monthly reports with key findings from the on-going

monitoring should be submitted to the implementation team and discussed every month and action points determined. This monthly progress review should aim to ensure that important issues are immediately rectified.

iv) Vulnerability assessment: It is essential that vulnerability is closely monitored in

order to provide timely support to susceptible households. A vulnerability assessment shall occur as part of quarterly auditing of all households, and those households that are most vulnerable shall be prioritized for monthly auditing and targeted assistance. This may be undertaken by the implementation Officer. Key activities are:

a) Develop a set of criteria to identify vulnerable households (Note that this is

intended to act as a guideline only and should be modified as appropriate). b) Every three months visit vulnerable households to assess key needs/ issues (e.g.

unemployment) with the rehabilitation process. c) Develop a plan to address these issues in conjunction with the members of the

household.

10.1.2 EXTERNAL EVALUATION PROCESS 10.2.1.1 Overview

In addition to the internal monitoring process, external assessment of the resettlement process should be undertaken through an external evaluation agency appointed by UNRA. The external evaluation process will be informed by internal monitoring reports prepared by

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UNRA, and also through independent surveys and consultation conducted by the evaluation agency. The evaluation system will be based on: a) Process indicators that measure effectiveness of processes (consultation, grievance) and

inputs like people, equipment and materials and identify areas where improvements to existing processes are required. These may include the following:

Transparency of the implementation process. Adequacy of staff and capacity of the implementation agencies. Compliance of the resettlement process with Ugandan law and World Bank

standards. Effectiveness of the Grievance Process. Adequacy and effectiveness of public involvement. Effectiveness of the internal monitoring mechanism.

b) Outcome indicators will assess effectiveness of the resettlement and changes that have

occurred to the communities‘ standard of living. Key indicators are outlined in Table below.

Table 10.1: Monitoring indicators during resettlement (quarterly basis)

Category Indicator

Fund disbursement

Number of PAPs paid Amount of money disbursed Number of PAPs not paid in prescribed time (respective quarter) Reasons for not paying PAPs who are due for payment Projected disbursements in the next quarter

Restoration of and assets livelihoods

Number of PAPs who have reconstructed dwellings Reasons for not reconstructing dwellings Number of commercial buildings replaced Reasons for not reconstructing commercial buildings Number of businesses restored Reasons for not re-establishing businesses

Public involvement

Number of community level meetings Participation of local leaders and community in resettlement process

Grievance management

Number of grievances received Number of grievances resolved (at what level) Number of complaints reported to other government oversight bodies and outcomes

including how grievance was resolved Number of grievances refereed to Uganda Courts of Law Number of outstanding grievances and reasons for not resolving them

Custody of legal documents

Land title deeds received Land title returned to owners

Resettlement of vulnerable PAPs

Number of vulnerable PAPs resettled Kind of special assistance provided

10.2.1.2 Key activities and responsibilities

UNRA will liaise with relevant ministries (MoLGD, MoFPED, World Bank, CGV‘s office) to

undertake external evaluation of resettlement mid-term and at end of resettlement.

These evaluations will focus on reviewing the process to-date and making necessary

recommendations for modification to existing rehabilitation measures and other processes

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(e.g. grievance). This will allow modifications to the process to be benefit the remainder of

the resettlement.

They will also focus on assessing impact and effectiveness of the resettlement. UNRA will

conduct a rapid socio-economic survey, based on a sample of the total number of PAPs to

establish effectiveness of resettlement.

RAP monitoring will also involve Local government offices such as the district Community

Development Officer (CDO) who is mandated to address social issues including community

mobilization. For this role, the district CDO can work with Assistant Community Development

Officer (ACDO) at sub-county level. UNRA will identify and train NGOs to undertake

monitoring of the RAP implementation consultant and report regularly. It is noted however

that local government structures (district and sub-county level) do not usually have the

required knowledge and skills to support RAP implementation and monitoring, hence the

project should them with transport and other necessary financial facilitation. UNRA will

therefore sensitize the concerned district staff and other stakeholders about this RAP and its

implementation requirements. This activity will be catered for under the budget line of RAP

monitoring and evaluation (Table 9.1, Section 9.3).

During RAP implementation UNRA will submit to World Bank quarterly RAP implementation

progress reports.

10.2.1.3 RAP completion report

After completion of resettlement, a final report will be submitted by UNRA to World Bank

prior to preparation of the project implementation report. The report shall indicate

effectiveness of project implementation and disbursement of compensation payments,

effectiveness of public consultations and socio-economic impacts of the road on 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.

10.1.3 COMPLETION AUDIT

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 affected PAPs quality of life

can be demonstrated to have been restored, the resettlement and compensation process can

be deemed ―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 World Bank requirements.

The completion audit will be based on progress indicators and on outcome evaluation

indicators and shall aim to answer the following questions:

Have the objectives of the RAP been reached in terms of:

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Compensation for all impacts of all affected people,

Timely delivery of entitlements and compliance with Uganda‘s and WB resettlement

requirements,

Has compensation been fair and adequate to mitigate social impacts,

Have livelihoods been restored.

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Annex 1. Review comments addressed in this updated RAP

Comments on the September 2008 Resettlement Action Plan (RAP) for Kamwenge – Fort Portal. Date: 24th February 2010

Introduction The Resettlement Action Plan for Nyakahita – Ibanda – Fort Portal Road was prepared covering most of the important key parameters of a RAP. A detailed Valuation report and strip maps were submitted together with the RAP. Considering the sensitivity of the issue and the need to efficiently carry out the resettlement during land acquisition, there is need for additional information to beef up the report. It should be noted that cosmpensation for expropriated assets requires little more than the identification of eligible persons, the establishment of compensation rates and a one-time payment process. Resettlement by contrast may require attention to many potentially relevant variables or the synchronized or coordinated action of many agencies over an extended period of time. Therefore the comments presented here below cover the additional information required to ensure the adequacy of the RAP to enable systematic resettlement of PAPs. Please note that particular emphasis to address these comments will be put mainly on the RAP for Kamwenge – Fort Portal Section of the road. 1. Change in title: The road section to be covered is Kamwenge -Fort Portal road only. Hence delete all information and costs related to the Nyakahita - Ibanda section. 2. Executive Summary: Although this section of the RAP is included, it does not mention the salient points of the main reports e.g. the numbers of people affected and budget. 3. List of Acronyms followed by a table of contents: The list of acronyms is presented; however as the report is to be updated, changes should be adequately taken care of. 4. Background of the Project and why the RAP is being prepared: Sections 1.1 and 1.2 on pages 12 & 13 presents the project background and objectives of the RAP; however, it does not give the background to the sector in relation to the policy legal and regulatory framework for undertaking the project as per the WB guidelines. 5. Potential Impacts: The impacts for all categories of people need to be outlined. People lose

various assets as a result of upgrading- realigning, expansion, etc of a road. The categories/ types of

losses need to be well presented in table form and then paragraphs to follow the tables explaining.

Data presented on page 36 and on page 50 shows the numbers who will lose structure/assets per

district. Data presented is desegregated by type e.g. permanent, semi-permanent, grass thatched,

crops, hedges etc. Although data on losses of commercial or residential structures is presented in the

valuation lists, it should have been in the RAP narrative form

6. The RAP should have contained the following information on the PAPs which is not included;

Number of people who will lose residential or commercial land only;

Number of people who will partially lose part of their structure;

Number of people who are tenants in the affected structure;

Number of people who have leases on certain buildings/structures from the owners;

Number of people who will lose of standing crops and trees; this information can be extrapolated from the Valuation list

Number of inhabitants in townships who will lose houses

Number of industries, e.g. milk cooling plants, cotton/coffee stores, ginneries, mines affected

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Number of rural teachers, retired people and workers who will lose houses);

Loss of public infrastructure and other community or shared assets nos. of PAPs with permanent land use rights, marginally and severely affected;

Data on sections where resettlement will be practiced although is contained in the strip maps, it should have been included in a narrative form in the RAP.

7. Socio-economic studies (Baseline Information): Broader detailed social-economic data is presented, as captured from secondary documents. However the following information is not included;

There is no census report of the PAPs capturing their specific social economic characteristics.

The survey conducted broadly covered the project area; Specific impact survey on each PAPs livelihood and property was not documented

Physical displacement will be inevitable and therefore relocation/resettlement of these PAPs

will be necessary. And therefore the modalities should have been documented in the report.

A report on Social Impact Assessment (SIA) covering both direct and indirect impacts of the project is contained on pages 41-44 and is also contained in the section reporting on the socio-economic studies however analysis of land allocation mechanisms, issues raised by different tenure systems is lacking.

The impact on patterns of social interaction, social networks and social support systems in the

affected communities was not captured in the report.

Information on Social and cultural characteristics of affected communities presented on Page 38 section 311 lacks socio-economic analysis.

The impact on patterns of social interaction, social networks and social support systems in the

affected communities was not captured in the report.

The socio-economic questionnaire contained in the report is incomplete, it lacks basic details e.g. questionnaire details, household details and basic demographic characteristics (could be the first pages of the questionnaire fell off) contains a lot of irrelevant questions e.g. in sections covering environments etc and omits a lot of relevant information e.g. on gender, employment, markets, HIV/AIDS.

8. Vulnerable PAPs: A description of the vulnerable/disadvantaged groups is presented in section 3.8 page 37 and detailed information on vulnerable individuals and groups is contained in appendix 5 on page 93-97, however, the consultant did not present the data on vulnerable groups in numbers and the nature of vulnerability. Further the RAP should also show how the vulnerable will be assisted. What kind of measures are there for them in addition to what everyone else is getting? This should be including the protection of orphans, women and children during compensation (to avoid men receiving the money and taking off with new wives, etc.)

9. Legal, Policy and Regulatory Framework. The Consultant documented the findings of an analysis of the legal framework, covering, (Section 2 on pages 18-26) including remedies and judicial process available to displaced persons, however, this should be referring to both the national laws that relate to acquisition of land, compensation, the displaced, agencies responsible and the World Bank Policy 4.12 Involuntary Resettlement. The section should also do an analysis of what is applicable and the differences between the national laws and the Bank policy and the actions to fill those gaps that have been identified. Usually this comparison is made in a table form with 3 columns where the third column shows how the differences will be bridged. Please note that the Indigenous Peoples policy, O.P 4.10 is not part of a RAP.

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Please note that there are other laws that are applicable in this case e.g. Customary law governing

land ownership is recognized in the Constitution of the Republic of Uganda and it covered under section

2.5, page 27 of the report. It should also be noted that there are no customary laws governing

valuation of assets and losses, compensation and natural resource usage rights, customary personal law

related to displacement and environmental laws and social welfare legislation, however there are

certain by-laws and norms and customary practices that would be applicable in the case of this project

and therefore should have been documented;

No direct laws and regulations relating to the agencies responsible for implementing resettlement activities were analyzed but implementation of resettlement is guided by the relevant policies analyzed in the report; Certain laws such as The Local Government Act that empowers the LC system to carry out their functions relates to this project and the implementation of RAP therefore should have been considered. 10. Iinstitutional Framework /Implementation arrangements: The Institutional framework/implementation arrangement is presented in section 2.2 as institutional responsibility. However, agencies/NGO/civil organizations that could play a critical role in the implementation of the RAP were not identified. There is no information on the assessment of the institutional capacity of such agencies and NGOs; and any steps that are proposed to enhance their institutional capacity to participate in the implementation of the RAP 11. Eligibility Although the affected persons eligible for compensation were identified and documented, there is no definition/explanation in the report 12. Valuation of and Compensation for Losses: The methodology to be used in valuing losses to determine their replacement cost and a description of the proposed types and levels of compensation presented in section 6, pages 48-58. However this should be refined to include more details such as the GOU guidelines for each category. 13. Consultations: These are done with the project affected people and not only district officers for purposes of the RAP. This is when the PAPs get to know the objectives of the project and implications on them and their assets. The PAPs also get to know what options of resettlement are available to them. Further in the report there are no views of the project affected people and it is not clear if any of their concerns have been integrated in the measures outlined in the RAP. Please note that resettlement does not mean displacement and relocation in the literal sense but loss of physical and economic assets and the measures that follow to help restore the affected people's livelihoods. 14. Resettlement Measures This section is missing in the report. This section should provide the entitlements that each category of PAP would receive according to the options available and the informed choices made. An entitlement matrix would also help in clarifying issues in this section There should be a description in the report of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy.

15. Site Selection, Site Preparation and Relocation: Although only small portions of land and a few building will be acquired, there will be cases where both residential and commercial building will have to be removed, and cases where at least 20% on a persons land is affected, it‘s the requirement of the WB that the total land is compensated. In all these cases, physical displacement will be inevitable and therefore relocation of these PAPs will be necessary. And therefore this should have been documented in the report.

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16. Grievance Procedures: A proposal for settlement mechanism for disputes arising from resettlement is contained in section 2.7 on page 28. However the grievance mechanism needs to be more elaborate bringing in structures and systems that the local people can use in case of a complaint or problem. The issue is not to have the mechanism when the complaint arises but have it outlined following the normal process in the country, including the resorting to the Uganda Courts of Law if everything else fails. 17. Organizational Responsibilities: The consultant did not present the organizational framework for implementing the RAP (Spelling out roles and responsibilities) The Consultant should present the organizational frame work for implementing resettlement , including identification of agencies responsible for delivery of resettlement measures and provisions of services , arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation and any measures (including technical assistance) needed to strengthen the implementing agencies 18. Implementation Schedule: The Consultant prepared an implementation schedule however it should cover all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits 19. Total costs. Revise according to section of road to be upgrade without Nyakahita - Ibanda. Include costs of a monitoring agency as part of the RAP implementation. 20. Monitoring and Evaluation Framework: This is the monitoring of the RAP and not post project monitoring. Therefore the monitoring indicators and the agencies responsible should reflect that. In this section include the reporting, which is quarterly progress reports and the RAP ICR. Although some indicators are included in the report, there is need for more technical input on this section, an M&E framework should have been included clearly indicating the parameters to be monitored, the monitoring indicators and performance/evaluation indicators The purpose of monitoring and evaluation is to report on the effectiveness of the implementation of the RAP, covering physical resettlement, disbursement of compensation and effectiveness of public consultation, amongst others. 21. Other observations

The report does not cover the cutoff date

Important information on land acquisition such as total land to be affected e.g. per district is not included.

Comments from review of updated RAP (Oct-Nov 2010)

Comment Consultant Rejoinder

1 Please ask the consultant to make a list of the 2530 PAPs, i.e. their names, village, sub-county, district and nature of losses, i.e. land or structure or both or crops, etc. This info can be obtained from the larger list that goes to CGV. It is a requirement that the census that gives the Project affected people and their estimated losses is in the RAP. However in this case we have not asked for the entitlements because we know that this is in the detailed report that goes to the CGV of which we get a copy.

The list of PAPs has been provided as Annex 6

2 The consultant is expected to give the current valuation rates for the assets because it is on this that the entitlements and estimated RAP budget is made. Therefore a table indicating these rates in the various districts traversed by the road is very important.

Current valuation rates of Kabarole District have been presented in Annex 5. (It was established from the valuation consultant that these rates were used for

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property valuation in both Kabarole and Kamwenge district since the latter‘s were out of date at that time).

3 There is need for a clarification. Will all structures (commercial and residential) be compensated in money terms only or did the affected also choose other options like getting building materials? They will also be allowed to salvage their materials from the demolished houses.

For ground truthing surveys done during RAP update, affected people preferred cash compensation but yes they would have liberty to salvage construction materials or any material they desire from affected structures. (Refer to Sec below excerpted from RAP report). Section 6.3.1.3 Part c) Owners and tenants of temporary structures Affected persons may salvage building materials at their own cost from old structures for reuse elsewhere.

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Annex 2. Location of community resources along the road

a) Places of worship along the road

Waypoint

GPS coordinates*

Altitude (m) Facility Easting Northing

13 197559 71757 1524 Entrance to Full Gospel Church, Kabarole

14 197618 71690 1528 Branch off to Bukwali Catholic Church

20 198891 69305 1532 Entrance to Munazzamat Al-dawa Al-islamiyya Mosque and School

22 198928 69264 1534 Entrance to St. Jude Tadeos Catholic Church

34 200111 67502 1524 Branch off to St. Peter's Catholic Church, Kanyambeho

35 200250 67217 1515 Entrance to Kanyambeho Full Gospel Church

42 200604 64959 1507 Branch off to Kigarama Full Gospel Church

43 200591 64947 1509 Branch off to Kigarama Mosque

44 200515 64591 1502 Branch off to Canon Apolo Core P.T.C & St. Mary Kigarama Catholic Sub parish

47 200451 64095 1497 Entrance to Parish Community Centre

48 200502 63976 1498 Entrance to Kasisi Seventh day Adventist Church

53 202229 61174 1508 Entrance to Kyaibombo Full Gospel Church

57 202580 57212 1471 Branch off to Rweteera Primary School & St. Adolf Rweteera Catholic Church

59 203131 56450 1432 Entrance to Rweteera Christian Fellowship Church

60 203094 55918 1424 Entrance to Seventh day adventist church, Rweteera

79 212289 43201 1250 Branch off to Rwengobe Primary School & St. John C.O.U, Rwengobe

91 213376 38678 1251 Entrance to Rugonjo Seventh day Adventist Church. (Still under construction)

92 213354 38475 1248 Branch off to St. Luke C.O.U. Nyabugando, Kyabenda Parish Church (0.5km)

94 213546 37966 1244 Entrance to Mutamba Catholic Church

100 215472 36092 1254 Entrance to St. George Church & Kyabenda Primary School

101 215460 36084 1254 Entrance to Kahanga Full Gospel Church

106 216029 35539 1231 Entrance to Kahunge Catholic Parish

115 216702 31849 1301 Entrance to Kyakanyemera Catholic Church

134 216361 24996 1248 Entrance to Businge Mosque (Alternate entrance)

135 216374 24950 1253 Branch off to Businge Mosque

138 216449 24554 1256 Entrance to Businge Church of Uganda

151 216944 21230 1308 Entrance to St. Stephen's Cathedral, Church of Uganda

155 216802 20702 1284 Entrance to Kamwenge Catholic Parish. Opposite is the Church social hall

160 216479 20029 1287 Branch off to Mosque & Mirambi K Primary School opposite this is a Clinic

*Global positioning system

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b) Schools along the road

Waypoint

GPS coordinates Altitude (m) Facility Easting Northing

15 197976 71036 1533 Entrance to Bukwali Primary School

20 198891 69305 1532 Entrance to Munazzamat Al-dawa Al-islamiyya Mosque and School

24 198987 69243 1531 Entrance to Shalom Junior School

26 199235 69088 1539 Branch off to Good Shepherd Special School & Ibaale Senior Secondary School

28 199377 68867 1552 Branch off to Haibaale Primary School

34 200111 67502 1524 Branch off to St. Peter's Catholic Church, Kanyambeho

39 201176 65993 1516 Branch off to Kiko Primary School & Kiko Tea Estate

40 200889 65411 1511 Entrance to Divine Mercy Senior Secondary School

44 200515 64591 1502 Branch off to Canon Apolo Core P.T.C & St. Mary Kigarama Catholic Sub parish

46 200497 64428 1501 Branch off to Kigarama Talents High School

57 202580 57212 1471 Branch off to Rweteera Primary School & St. Adolf Rweteera Catholic Church

62 202910 55519 1414 Entrance to Nursery School

64 203150 54563 1423

Major branch off to Iruhuura (5km) & Pere Achte Primary Schools, Pere Achte S.S (31km), St. Luke Iruhuura Health centre III (5km) plus St. Karoli Lwanga Isonga Catholic sub parish and St. Peter's C.O.U Iruhuura Parish

72 211125 45450 1238 Branch off to Nyabubale Primary School (1.5km)

76 211739 44811 1249 Branch off to Bigodi Primary School

78 211862 44152 1237 Branch off to Bigodi Secondary School (4km)

79 212289 43201 1250 Branch off to Rwengobe Primary School & St. John C.O.U, Rwengobe

85 213491 39431 1258 Branch off to Rugonjo Primary School (100m)

86 213484 39368 1257 Branch off to Rugonjo Moslem Primary School & Mosque

87 213456 39159 1261 Entrance to Unique Prime Academy, Rugonjo.(Not registered)

98 214874 36228 1248 Branch off to Nkarakara Pimary School (2km)

99 215208 36131 1254 Entrance to Kyabenda Health Centre III & Branch off to Kyabenda Divinity College

100 215472 36092 1254 Entrance to St. George Church & Kyabenda Primary School

108 216233 34661 1263 Alternate branch off to Nkarakara Primary School (5km)

112 216687 32370 1288 Branch off to Kamwenge Secondary and Vocational Institute plus Mpanga Primary School (8km)

119 215865 28957 1310 Entrance to Rukunyu C.O.U Primary School

120 215848 28835 1313 Branch off to Mirembe Primary School (5km) & Good Samaritan Health Centre IV, Rukunyu.

121 215822 28793 1310 Branch off to Kiziba Primary School (5km)

122 215804 28720 1307 Entrance to Rukunyu Junior School.

128 215538 27318 1246 Branch off to Butemba Primary School, Kamwenge

139 216467 24458 1257 Entrance to Businge Primary School. Opposite is the entrance to a Catholic church

146 216862 22499 1300 Entrance to Kamwenge Secondary School

148 216858 22471 1299 Branch off to Kyabyoma Primary School (1.5km)

150 216917 21520 1312 Entrance to St. Paul's Primary School, Kamwenge

152 216859 20924 1290 Branch off to St. George & St. Thomas Aquinas College. (300m)

154 216815 20742 1285 Entrance to Kamwenge Primary School

157 216473 20388 1267 Branch off to Lawrence High School (300m), Kamwenge

158 216519 20331 1268

Entrance to Little Angels Pre-primary and Primary School, Kamwenge. Next to it is Caltex fuel station & opposite is the Police post plus an alternative route to Kamwenge Modern School

159 216542 20142 1281 Entramce to Kamwenge Junior School

160 216479 20029 1287 Branch off to Mosque & Mirambi K Primary School opposite this is a Clinic

161 216396 19938 1290 Branch off to Kamwenge Modern School (300m) & Kamwenge College School (3kms)

164 216327 19825 1286 Branch off to Kimuli - Kidongo Primary School (3km), Kamwenge

168 215879 35885 1254 Branch off to Kyabenda Senior Secondary School

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c) Water points along the road

GPS coordinates

Waypoint Easting Northing Altitude

(m) Facility

38 201069 66299 1511 Water point - Borehole & Cemetry

45 200513 64415 1502 Water point - Borehole

126 215584 27888 1276 Water point - Tap + Water tank (Gravity flow scheme)

136 216393 24821 1253 Water point - Tap

143 216657 23214 1273 Protected well

167 216409 24732 1246 Water point - Borehole

d) Healthcare centres along the road

Waypoint Easting Northing Altitude

(m) Facility 3 197215 72582 1498 Entrance to the Mental Health Unit 6 197398 72598 1495 Entrance to the referral hospital 7 197546 72427 1494 Entrance to Mortuary

64 203150 54563 1423

Major branch off to Iruhuura (5km) & Pere Achte Primary Schools, Pere Achte S.S (31km), St. Luke Iruhuura Health centre III (5km) plus St. Karoli Lwanga Isonga Catholic sub parish and St. Peter's C.O.U Iruhuura Parish

77 211815 44536 1244 Branch off to Bigodi Health Centre III (100m) & Police post

99 215208 36131 1254 Entrance to Kyabenda Health Centre III & Branch off to Kyabenda Divinity College

120 215848 28835 1313 Branch off to Mirembe Primary School (5km) & Good samaritan Health Centre IV, Rukunyu.

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Annex 3. Vulnerable people identified along the road

District Sub-county Village Name Vulnerability Required assistance

KAMWENGE Matama Mary Widow Loses no crops or structure but a strip of land. Will need financial assistance (transport refund) to collect compensation cash payment.

KABAROLE

Ruteete Rurarama George Kaboyo Elderly Will lose a residential house (grass thatched roof, mud/wattle walls, timber doors and windows, earth floor). Will need labour assistance to rebuild his home. Funds for this can be drawn from the provisional sum included in the RAP budget. His compensation payment and associated paperwork should be done at his home.

Rwamiru Andrew Elderly and blind Will not lose a structure or crops but 0.011 ha (or 0.03 acres) of land. He will need assistance with paperwork (reading/ writing) associated with compensation process. His compensation payment and associated paperwork should be done at home.

Katorogo Elderly Will not lose a structure or crops but 0.04 ha (or 0.1 acres) of land. He will need assistance with paperwork (reading/ writing) associated with compensation process. His compensation payment and associated paperwork should be done at his home.

Sunday Joseph Orphans Loses no crops or structures but 0.014 ha (0.03 acres) of land worth shs83,000. Will be advised to purchase replacement land with compensation payment.

Ruteete Rurarama

Ahabyona Lawrence Elderly and disabled

Loses no crops or structures but 0.04 ha

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(0.1 acres) of land worth shs238000. His compensation payment and associated paperwork should be done at his home.

Barinda Serevesta Elderly Will not lose a structure or crops but 0.019 ha (0.05 acres) of land worth Shs113,000. He will need assistance with paperwork (reading/ writing) associated with compensation process. Compensation payment and associated paperwork should be done at his home.

Zahora Tebanagwa Elderly Will lose 10 meters of live hedge (luyenje) and 2 pine trees. He will need assistance with paperwork (reading/ writing) associated with compensation process. Compensation payment and associated paperwork should be done at their home.

Burunda Oriva Kanyiginya Widow Will not lose a structure or crops but 0.042 ha (0.1 acres) of land worth Shs249,000. She will need assistance with paperwork (reading/ writing) associated with compensation process.

Byaruhanga Richard Ill with HIV/AIDS Will lose 3 trees and 0.058 ha (0.014 acres) of land. He will need assistance to collect his compensation payment. This can be done with assistance of local council leader of his village. His compensation payment and associated paperwork should be done at his home. For this category of PAPs payment should be expedited.

Aringanyira Ill with HIV/AIDS Will not lose structures or crops but 0.05 ha of land. He will need assistance to collect his compensation payment. This can be done with assistance of local council leader of his

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village. His compensation payment and associated paperwork should be done at his home. For this category of PAPs payment should be expedited.

Kaguna John Has physical disability with limited ability to walk

Will lose two residential buildings (mud and wattle with iron roofs) and trees. He will need assistance to collect his payment His compensation payment and associated paperwork should be done at his home.

Ihani Cell Mugisha John Sick and poor Will lose a live hedge and crops. Should be provided transport refund to collect compensation payment. His compensation payment and associated paperwork should be done at his home.

Bukabyarubaho Nyakagongo Kadoba Elderly Loses no structures or crops but 0.045 ha of customary land. Will need assistance with paperwork (reading and writing) associated with compensation process. His compensation payment and associated paperwork should be done at his home.

Municipality Bigodi Kanyakore Beatrice Elderly Will not lose structures or crops but 0.01 ha of land worth Shs 59500. Should be provided assistance on paperwork (reading and writing) necessary to obtain her compensation. Compensation payment and associated paperwork should be done at her home.

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Annex 4: Project affected people survey form/ questionnaire

(This questionnaire was used to collect data by CES/KOM in the previous RAP report of Sep. 2008) PERSONAL DATA 1. Name of Respondent …………………………………………………………………… 2. Sex of respondent Male Female Interviewer…………………… 3. Age of respondent……………………….. 01. (15-25) 02. (26-35) 03. (36-45) 04. (46-55) 04. (56 and above) 4. Status in the household

Head=01 Spouse=02 Child=03 Other=04

BASIC DEMOGRAPHIC DATA 1. Household size? No. males No. of females No. of children No. of adults 2. Gender of HH head? 01. Female 02.Male 3. Marital status of 01.Married 02.Single Respondent 03.Divorced 04.Widowed 4. Formal education Completed by HH head 01.p.7. 02. O level 03. A level 04.College 05.None 5. Main occupation of 01.salaried 02.business HH head 02.peasant 04.other EDUCATION 6. Have you schools around? 01. Yes 02.No 6.1 How many school going children are in this HH? 6.2 Out of those mentioned how many are in school? 7. Do you have any school age children not going to school?

01. Yes 02.No

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7.1. If yes how many are they? Boys…..Girls…. 7.2 Mention 2 reasons why they are not going to school a…………. b………… 8. How many primary schools do you have? 8.1. What is the distance to the nearest primary school? 9. How many secondary schools do you have? 9.1. What is the distance to the nearest secondary school? INCOME AND FOOD SECURITY 10. What are the main sources of income in the HH?

01. Salaried 02. Casual labor 03. Sale of farm products 04. Business 05. Others 11. Does any member in the HH run a business?

01. Yes 02.No 11.1. If yes give the type of business……….. 11.2. If yes give the gender of the owner of the business.

01. Female 02.Male 12. Do you have some livestock in the HH?

01. =Yes 02.No 13. If yes give the type and number.

01. Cows 02. Goats 03. Sheep 04. Pigs 05. Others 14. Do you own land? 01. Yes 02.No 14.1. If yes how much land is being cultivated?(acres) 14.2. How much land is not being cultivated? 14.3. Who owns the land mentioned above?

01. Wife 02. Husband 03. Husband and wife 04. Others

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15. Have you received any food shortage problems in your HH? 16. What precautions have you ensured to show that there is enough food for your family throughout the year?

01. Saved 02. Food stored 03. Change in livestock mix 04. Change in crop mix 17. Have you received agriculture extension services in the last two months?

01. Yes 02.No 18. Do you practice improved crop and management practices?

01. Yes 02.No 19. What is your HH income per year? 20. Mention the type of food eaten in your HH. 21. Do you have storage instruments for your crops?

01. Yes 02.No WATER AND SANITATION 22. What are the sources of water for domestic use? 01. Gravity 02. Borehole 03. Protected spring 04. Valley tank 05. Unprotected spring 06. Others 23. What is the distance to the nearest source of safe drinking water? Source type……….km………. 24. How long does it take you to fetch water from your home? 25. If the water is improved mention the source of financing it. i………… ii………… iii………… 26. Is the safe water you fetch adequate to all the members in your house hold? 01. Yes 02.No 27. How is domestic garbage disposed? 28. What is the common facility of disposing human wastes by household members? 01=Toilet 02=Pit latrine

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03=Community latrine 04=Open bush O5=Others 29. Do you have a bathroom? Yes 02=No 30. Do you have a kitchen/ 01=Yes 02=No 31. Do you have a rack? 01=Yes 02=No 32. Do you wash your hands after using the toilet? 01=Yes 02=No 33. How do you store your drinking water? 01=Fridge 02= Jerricans 03=Pots 04=Others 34. How do you make water safe for drinking? 01. Boiling 02.Water guard 03.Filtering 04=Chlorine HEALTH SERVICES 35. Is there any health facility in this sub county? 01=Yes 02=No 36. If yes which grade is it? 01=District hospital 02=Health centre 4 03=Health centre 3 04=Health centre 2 05=Private clinic 37. State the type of ownership 01=Government 02=Private 38. Give the distance to the nearest health centre (km) 39. Do you have any immunization services? 01=Yes 02=No 40. Have you completed your immunization vaccines? 01=Yes 02=No 41. Do you have any community health workers? 01=Yes 02=No

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42. How often do they visit the community? 01=Once a month 02=Twice a month 03=Once 3 months 04=Daily 05=Never 43.Do you access antenatal care services in your sub county? 1=Yes 2=No 44. Where do women in your parish go for delivery?

1.Remain at home 2. Visit a recognized traditional birth attendant 3.Visit a nearby P.H.C. 4. Visit a recognized hospital (District hospital) 5.Others 45.Have you heard of HIV/AIDS? 01=Yes 02=No 46.If yes what is the main source of information? 47.What information have you heard about HIV/AIDS? 48.Acccording to you what are some of the STDs common in your area? 1.Syplis 2.Gonorrhea 3.HIV/AIDS 4.Others 49. According to you what are the major causes of HIV/AIDS in your sub county? 1. Irresponsible sexual behavior 2.Blood transfusion 3.Sharing of sharp instruments such as syringes, razorblades etc 4.Mother to child transfusion 5.Others 6. Don‘t know. 50.Do you have any members of your household with chronic diseases? 01=Yes 02=No 51.Do you have an orphan in your HH? 01=Yes 02.No LEADERSHIP 52.Are you a member of any committee? (L.Cs, Church e.t.c) 01=Yes 02=No 53.If yes have you acquired leadership skills through training? 54.If you acquired the skills how do you utilize them? ENVIRONMENTAL ISSUES

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55.What is the main source of energy for domestic use? a. Lighting…. b. Cooking… c. Others… 56.Has any family member been involved in environmental activities? 01=Yes 02= 57.What was the source of support for the environmental activity? 01=Government 02=N.G.O 03=Own resources 04=Others 58.Has any child or children in your family been assisted by support programs in the community? 01=Yes 02=No 59.If yes how many children are sponsored? 60.If yes name the organization and type of assistance currently given. Organization Type of support 01……………… …………………… 02……………… ……………………. 03……………… …………………….. DISABILITY ISSUES 61.Do you have any disabled child in your HH? 01=Yes 02=No 62.If yes does she/he receive support from any NGO? 01=Yes 02=No 63. Does this community allow disabled children/people to participate in community programmes? 01=Yes 02=No RESETTLEMENT 64 To what extent will your property/land be acquired for the road project? 64 1 partially (only land/ or crops 64.2 Fully Buildings, structures, land and crops? 65 What is your preferred option for resettlement?

a) No resettlement and no compensation desire b) No resettlement and no compensation to be paid c) Resettlement on existing land d) Resettlement to margins of developed area e) Other(specify)

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66 When is the best time of the year for you to relocate? 67 What sort of assistance would you require during re-housing 68 Can the local administration assist you with relocation? 69 What do you foresee as being the main problem for you during and after relocation/ compensation?

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Annex 5: Property valuation lists (Kamwenge & Kabarole Districts)

APPROVED COMPENSATION RATES FOR KABAROLE DISTRICT 2009 (*It was established from the valuation consultant that these rates were used for property valuation in both Kabarole

and Kamwenge district since the latter is a new district without own rates).

No. ITEM RATE PER PLANT (UgShs) RATE PER ACRE (UgShs) REMARKS

PART 1: CROPS

1 BANANA

Mature and good 6,000 2,520,000

Mature and average 4,000 1,600,000

Mature and poor 1,000 400,000

Young and good 3,000 1,260,000

2 CASSAVA

Mature To be harvested

Young 1,200

3 SWEET POTATOES

Medium and good 300,000

Young 150,000

4 TURNIPS

Mature 3,750

Young 1,500

5 ENGLISH POTATOES


Young 600,000

6 PINEAPPLES

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Mature and good 1,000

Medium 500

Young 500

7 CABBAGE 800

8 PAWPAW


Medium and average 7,000

Young 2,000

Seedlings 1,000

9 PUMPKIN

Good 5,000

Medium 3,000

Young 1,500

10 TOMATOES


Average 2,500

Young and good 2,000

Poor 1,000

11 CAULIFLOWER 1,000

12 COFFEE

Arabica (mature and good) 8,000 3,000,000

Arabica (mature and average) 4,000 1,500,000

Arabica (mature and poor) 2,000 800,000

Arabica (young and good) 5,000 2,000,000

Arabica (young and poor) 1,000 400,000

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Robusta (mature and good) 6,000 2,000,000

Arabica (mature and average) 3,000 1,200,000

Arabica (mature and poor) 1,000 400,000

Arabica (young and good) 4,000 1,500,000

Arabica (young and poor) 1,000 400,000

13 ORANGE TREES


Medium/Average 20,000

Young 10,000

14 LEMON TREES



Young 10,000

15 BEANS


Young 200,000

16 PEAS


Young 250,000

17 SOYA BEANS


Young 250,000

18 COTTON


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19 GROUNDNUTS 400,000

Young 100,000

Poor

20 CLIMBING NUTS

Mature 50,000

Young 10,000

21 JACKFRUIT



Young 10,000

Seedlings 5,000

22 COWPEAS


Young 250,000

23 MAIZE


Poor 200,000

24 GUAVA TREES


Medium 7,000

Poor 1,000

Young 1,500

Seedling 500

25 AVOCADO TREES


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Young 5,000

26 MANGO TREES

Mature 30,000

Young 20,000

Seedlings 1,000

27 SUGARCANE

Mature per stool 2,000

Young per stool 1,000

28 TEA BUSHES

Mature 3,000,000

Medium 1,000,000

Young 500

29 MILLET

Good 400,000

Average 200,000

Poor 100,000

30 SORGHUM

Good 300,000

Poor 100,000

31 ONIONS

Exotic and good 300,000

Exotic and poor 100,000

Local and good 200,000

Local and poor 100,000

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32 PASSION FRUITS


Medium 20,000

Young 17,500

Seedling 2,000

33 YAMS (ALL TYPES)

Mature and good 500

Average 300

Young 100

34 PEPPER/ CHILLI PLANTS

Local 1,000

Exotic 2,000

35 EGG PLANT

Mature 2,000

Young 500

36 CASTOR OIL

Mature 750

Young 200

37 GINGER 5,000

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38 PALM TREE

Big and mature 20,000

Medium 10,000

Young 2,000

39 RICE

Good 400,000

Average 200,000

Poor 100,000

40 VANILLA


Average 7,000

Young 1,000

41 WHEAT

Mature 400,000

Young 100,000

42 BARLEY

Mature 400,000

Young 100,000

43 GARLIC

Mature 3,500

Young 2,000

44 APPLES

Mature 50,000

Young 20,000

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45 MUSAMBYA

Big 20,000


46 GARDEN TREES

Mature 10,000

Young 2,000

47 OMUSALI

Mature 10,000

Young 2,000

48 IMPROVED PASTURE 300,000

49 FLOWER BUSH 2,500

50 ACACIA TREES

Big and mature 15,000

Medium 10,000

Young 2,000

51 BACKCLOTH TREES

Canoe size 40,000

Medium 20,000

Young and small 3,000

52 CYPRESS TREE

Mature 50,000

Medium (electric pole size) 15,000

Young 5,000

53 PINE

Mature 50,000

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Medium 15,000

Young 5,000

54 EUCALYPTUS TREES

Mature 100,000

Young (electric pole) 50,000

Young (construction scaffolding pole size) 20,000

55 TOBACCO


Young 150,000

PART 2: SEMI-PERMANENT STRUCTURES

56 CATTLE (FARM STRUCTURES)

Barbed wire 3,705 per meter

Smooth wire 2,700 per meter

Local tree/ hedge fence 700 per meter

Kraal 700 per meter

57 GRANARIES

Mud and wattle 50,000

Thatched/ grass 20,000

Maize rib (grass thatch) 15,000

Silo 50,000

Bee hive 20,000

PART 3: MATERIALS

58 MURRAM 750 per square meter

69 ROCK 3,000 per square meter

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PART 4: COMPENSATION FOR SEMI-PERMANENT BUILDINGS

70 Semi-permanent buildings

No Wall type Roof Finish Floor Rate per sq.meter

1 Bee hive 20,000 per unit

2 Mud and wattle (MW) grass/ thatch smooth earth 20,000

3 MW grass/ thatch plaster bare 25,000

4 MW grass/ thatch plaster cement 35,000

5 MW Galvanized iron sheet bare/ rough bare 37,500

6 MW Galvanized iron sheet smooth bare 40,000

7 MW Galvanized iron sheet plaster cement 50,000

8 MW Ddebe plaster bare 25,000

9 MW Ddebe bare/ rough bare 27,000

10 MW Ddebe smooth bare 35,000

11 MW Ddebe cement/ plaster cemented 40,000

12 PIT LATRINE

Covered with poles plaster cement slab 300,000

Covered with poles plaster VIP 600,000

13 BATH ENCLOSURE

Thatched/ grass 4,000

Tins/ ddebe 10,000

Galvanized Corrugated Iron sheet 10,000

Reeds/ wood poles 5,000

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Annex 6: List of PAPs

resettlement action plan (rap)...

Documents