Resettlement Action Plan (RAP) of Proposed Upgrading ... · Doc. No.: Resettlement Action Plan...

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

KAGGA & PARTNERS LTD

Consulting Engineers

2 Bandali Close (Old Portbell Road) Bugolobi

P. O. Box 6583, Kampala Uganda

Tel:+256 414 220279 / 256 414 223692

Fax: +256 414 220208

E: [email protected]

W: www.kaggapartners.com

By association of:

Resettlement Action Plan (RAP)

of Proposed Upgrading Rukungiri–Kihihi–

Ishasha/ Kanungu Road to Bituminous

Standards

October 2013

Document Control

Client: Uganda National Roads Authority, UNRA

Project No: RA/102

Report Title:

Resettlement Action Plan (RAP) for Upgrading Rukungiri–Kihihi–

Ishasha/ Kanungu Road to Bituminous Standards.

Date: 11 October 2013

Doc. No.: unra-rkki-002

Revision Description Originator Reviewed Date

3 Final Report LK TP, FN, DO

October 2013

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 unauthorised use by third

parties of data or professional opinions herein contained.

Distribution

Official

Confidential

Public

Consultants

LEAD TEAM

Eng. Lam KAJUBI: BScEng (1.1 Hons) MAK, MEngSc

(Australia), NEMA-CEnvP, REng.

Team Leader

Herbert Mpagi Kalibbala:

MSc, Ph.D (Sweden), NEMA-CEnvP Civil Engineer

Pamela Tashobya,

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

Sociologist-Development

Specialist

Amina Kyabangi, BA SS Sociologist

FIELD STAFF

Faith Mugerwa Field Sociologist

Seryazi Lamek Field Sociologist

Ritah Nabaggala Community mobilisation/ primary data collection

Nulu Namukasa Field Sociologist

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www.awe-engineers.com

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Acronyms, Definitions & Units

Acronyms:

AES: Associated Engineering Surveyors

AIDS: Acquired Immunodeficiency Syndrome

CFR: Central Forest Reserves

CGV: Chief Government Valuer

ESIA: Environmental & Social Impact Assessment

HIV/AIDS: Human immunodeficiency virus/ acquired immunodeficiency syndrome

GO: Grievance Officer

GoU: Government of Uganda

LC: Local Council

M&E: Monitoring and Evaluation

MoFPED: Ministry of finance Planning & Economic Development

MoLGD: Ministry of Local Government

MoWT: Ministry of Works & Transport

NEMA: National Environmental Management Authority

NFA: National Forestry Authority

NGO: Non-Governmental Organization

PAP: Project Affected Persons

RAP: Resettlement Action Plan

UNRA: Uganda National Roads Authority

UPE: Universal Primary Education

USE: Universal Secondary Education

Measures:

m: Metre

m2: Square metre

km: Kilometre (= 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.

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

Compensation: Payment in cash or in kind at replacement value for an asset or a resource affected by the

project at the time the assets need to be replaced.

Displaced Persons: People or entities directly affected by a project through the loss of land and the resulting loss

of residences, other structures, businesses, or other assets.

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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: This is a complaint that something has not been fair on a person and takes a long route to

resolve.

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.

Host Community (Hosts): The population in the areas receiving resettlers is called the host community or the hosts.

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

Murram: Refers to gravel suitable for road building.

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 Africa Development Bank, the project cycle is divided into the

following stages: Identification, Preparation, Appraisal, Negotiations, Approval, Loan

Effectiveness, and Implementation.

Project: Upgrading Rukungiri–Kihihi–Kanungu/ Ishasha Road to Bituminous Standards.

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 transfer of

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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).

Socio-economic Survey (SES): A complete and accurate survey of the project-affected population. The survey focuses on

income-earning activities and other socio-economic indicators.

Stakeholders: A broad term that covers all parties affected by or interested in a project or a specific issue—

in other words, all parties who have a stake in the project. Primary stakeholders are those

most directly affected—in resettlement situations, the population that loses property or income

because of the project. Other people who have interest in the project such as the UNRA itself,

beneficiaries of the project (e.g., road users), etc are termed secondary stakeholders.

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

disadvantage or social status be 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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TABLE OF CONTENTS

1 INTRODUCTION ............................................................................................................................................................. 1

1.1 BACKGROUND ......................................................................................................................................................... 1 1.2 DESCRIPTION OF PROJECT AND PROJECT AREA ............................................................................................... 1 1.3 OBJECTIVES OF THE RAP ....................................................................................................................................... 6 1.4 SCOPE OF THE RAP ................................................................................................................................................. 6 1.5 SOCIAL SURVEY AND VALUATION METHODOLOGY ............................................................................................ 8

1.5.1 Approach for Social Survey ............................................................................................................................. 8 1.5.2 Property Valuation Methodology ..................................................................................................................... 9

1.6 ANALYSIS OF STAKEHOLDERS ............................................................................................................................ 11 1.6.1 Identification of Key Stakeholders and their Interests ................................................................................... 12 1.6.2 Interests, Influence & Importance of Stakeholders ........................................................................................ 12 1.6.3 Engagement of Stakeholders ........................................................................................................................ 12

2 POTENTIAL IMPACTS ................................................................................................................................................. 16

2.1 INTRODUCTION ...................................................................................................................................................... 16 2.2 IMPACT ON LAND AFFECTED BY THE PROJECT ................................................................................................ 17 2.3 IMPACT ON STRUCTURES .................................................................................................................................... 17 2.4 IMPACT ON LIVELIHOODS ..................................................................................................................................... 18 2.5 IMPACT ON GRAVES AND COMMUNAL FACILITIES ........................................................................................... 18

2.5.1 Graves ........................................................................................................................................................... 18 2.5.2 Communal Facilities ...................................................................................................................................... 18

2.6 ALTERNATIVES CONSIDERED TO MINIMIZE IMPACTS ...................................................................................... 19 2.7 ASSISTANCE TO VULNERABLE PEOPLE ............................................................................................................. 20 2.8 PROJECT PROPONENT AND FUNDING AGENCY ............................................................................................... 20

3 ORGANIZATIONAL RESPONSIBILITY FOR RAP IMPLEMENTATION .................................................................... 21

4 CONSULTATION WITH AFFECTED COMMUNITIES ................................................................................................. 22

4.1 INTRODUCTION ...................................................................................................................................................... 22 4.2 INDIVIDUAL AND GROUP DISCLOSURE MEETINGS ........................................................................................... 23 4.3 INTEGRATION WITH HOST COMMUNITIES ......................................................................................................... 24

5 SOCIO-ECONOMIC BASELINE ................................................................................................................................... 25

5.1 INTRODUCTION ...................................................................................................................................................... 25 5.2 SOCIAL-ECONOMIC CONDITIONS ........................................................................................................................ 25

5.2.1 National Socio-Economic Statistics ............................................................................................................... 25 5.2.2 Land-use and Settlement in Project Area ...................................................................................................... 26 5.2.3 Socio-Economic Characteristics .................................................................................................................... 26

6 LEGAL AND INSTITUTIONAL FRAMEWORK ............................................................................................................ 37

6.1 INTRODUCTION ...................................................................................................................................................... 37 6.2 THE CONSTITUTION OF THE REPUBLIC OF UGANDA (1995) ............................................................................ 37 6.3 THE LAND ACT, CAP 227: ....................................................................................................................................... 37 6.4 THE LOCAL GOVERNMENT ACT (1997) ................................................................................................................ 38 6.5 LAND ACQUISITION ACT (1965) ............................................................................................................................ 38 6.6 THE ACCESS TO ROADS ACT (1965) .................................................................................................................... 38 6.7 THE ROADS ACT (1964) ......................................................................................................................................... 39 6.8 LAND TENURE REGIMES AND TRANSFER OF LAND .......................................................................................... 39 6.9 RIGHT OF SPOUSE AND CHILDREN ..................................................................................................................... 40 6.10 LOCAL GOVERNMENTS ACT, CAP 243 ........................................................................................................... 40

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6.11 NATIONAL FORESTRY AND TREE PLANTING ACT, 2003 .............................................................................. 41 6.12 UGANDA WILDLIFE ACT, CAP 2000 ................................................................................................................. 41 6.13 REQUIREMENTS OF AFDB ............................................................................................................................... 41 6.14 GRIEVANCE MANAGEMENT AND REDRESS.................................................................................................. 43

6.14.1 Grievance Process ........................................................................................................................................ 43 6.14.2 Grievance Committee .................................................................................................................................... 43 6.14.3 Grievance Mechanism ................................................................................................................................... 44 6.14.4 Specific Process for Addressing Valuation Grievances ................................................................................. 46

7 INSTITUTIONAL FRAMEWORK .................................................................................................................................. 48

7.1 MINISTRY OF WORKS AND TRANSPORT ............................................................................................................ 48 7.2 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT ......................................................................... 48 7.3 UGANDA NATIONAL ROADS AUTHORITY ............................................................................................................ 48 7.4 RUKUNGIRI AND KANUNGU DISTRICT LOCAL GOVERNMENTS ....................................................................... 48 7.5 DISTRICT LAND BOARDS ...................................................................................................................................... 48 7.6 UGANDA LAND COMMISSION ............................................................................................................................... 49 7.7 NON-GOVERNMENT ORGANISATIONS ............................................................................................................... 49 7.8 NATIONAL FORESTRY AUTHORITY (NFA) ........................................................................................................... 49

8 COMPENSATION AND RESETTLEMENT STRATEGY .............................................................................................. 51

8.1 KEY PRINCIPLES .................................................................................................................................................... 51 8.2 ELIGIBILITY FOR COMPENSATION ....................................................................................................................... 51

8.2.1 Census, Eligibility and Cut-Off Date .............................................................................................................. 51 8.2.2 Speculative Structures ................................................................................................................................... 52

8.3 OVERVIEW OF ENTITLEMENTS ............................................................................................................................ 52 8.3.1 Categories of Affected People ....................................................................................................................... 52 8.3.2 Compensation and Resettlement Measures ................................................................................................. 53

8.4 VALUATION AND COMPENSATION LOSSES ....................................................................................................... 54 8.4.1 Compensation for Loss of Land ..................................................................................................................... 54 8.4.2 Compensation for Loss of Crops ................................................................................................................... 54 8.4.3 Compensation for Loss of Structures ............................................................................................................ 54 8.4.4 Compensation for Loss of Recreational Facilities ......................................................................................... 55 8.4.5 Compensation for Loss of Graves or Cultural Sites ...................................................................................... 55

8.5 PAYMENT MODALITIES ......................................................................................................................................... 55 8.5.1 Payment of bank charges .............................................................................................................................. 55 8.5.2 Transport refund when collecting compensation ........................................................................................... 56 8.5.3 Payment options ............................................................................................................................................ 56 8.5.4 Notification of Compensation ......................................................................................................................... 56 8.5.5 Mutation of Compensated Land .................................................................................................................... 57

8.6 IMPLEMENTATION ARRANGEMENTS .................................................................................................................. 60 8.6.1 RAP Implementation Unit .............................................................................................................................. 60 8.6.2 Implementation Schedule .............................................................................................................................. 61

8.7 RESETTLEMENT BUDGET ..................................................................................................................................... 61 8.8 ROLE OF THE IMPLEMENTATION OFFICER ........................................................................................................ 63 8.9 PAYMENT PROCEDURE ........................................................................................................................................ 64

8.9.1 Notification of Compensation ......................................................................................................................... 64 8.9.2 Payment Logistics ......................................................................................................................................... 64 8.9.3 Compensation under the Different Options ................................................................................................... 65 8.9.4 Mutation of Compensated Land .................................................................................................................... 66

8.10 FUTURE PUBLIC NOTICES ............................................................................................................................... 66

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

9.1 INTRODUCTION ...................................................................................................................................................... 67 9.2 GENERAL OBJECTIVES AND APPROACH ........................................................................................................... 67

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9.3 INTERNAL MONITORING PROCESS ..................................................................................................................... 67 9.3.1 Overview ........................................................................................................................................................ 67 9.3.2 Key Activities and Responsibilities ................................................................................................................ 68

9.4 EXTERNAL EVALUATION PROCESS .................................................................................................................... 68 9.4.1 Overview ........................................................................................................................................................ 68 9.4.2 Key activities and responsibilities .................................................................................................................. 69 9.4.3 RAP Completion Report ................................................................................................................................ 70 9.4.4 Completion Audit ........................................................................................................................................... 70

10 REFERENCES .............................................................................................................................................................. 71

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LIST OF TABLES

Table 1.1: Trading centres traversed by existing road ............................................................................................ 1

Table 1.2: Design speeds adopted for the different sections of the road ................................................................ 4

Table 1.3: Key stakeholders identified and mandate, roles ................................................................................... 15

Table 2.1: Affected land area in the project districts ............................................................................................. 17 Table 2.2: Affected property in Rukungiri District .................................................................................................. 17

Table 2.3: Affected property in Kanungu District ................................................................................................... 18

Table 2.4: Number of PAPs in the project districts ................................................................................................ 18 Table 5.1: Proportion of children by age in affected households .......................................................................... 26

Table 5.2: Occupation types amongst project-affected household heads ............................................................. 27

Table 5.3: Percentage of PAPs growing given crops types .................................................................................. 28

Table 5.4: Agricultural income levels amongst PAPs ............................................................................................ 29

Table 5.5: Spending patterns among affected households .................................................................................. 29

Table 5.6: Annual household expenditure on common diseases .......................................................................... 33

Table 5.7: Households with any form of disability ................................................................................................. 33 Table 5.8: Comparison of education and literacy levels among female and male PAPs ...................................... 34

Table 5.9: Possible borrow sites (Rukungiri - Ishasha section) ............................................................................. 35

Table 5.10: Possible borrow sites (Kanungu - Kihiihi section) .............................................................................. 36 Table 5.11: Possible quarry sites (Rukungiri - Ishasha section) ........................................................................... 36

Table 7.1: Institutional roles in RAP implementation ............................................................................................. 49

Table 8.1: Entitlement matrix ................................................................................................................................ 58

Table 8.2: RAP Implementation schedule ............................................................................................................. 61

Table 8.3: Affected villages, number of PAPs and resettlement cost .................................................................... 62

Table 8.4: Number of vulnerable persons by district, type of vulnerability and gender ......................................... 63

Table 9.1: Monitoring indicators during resettlement (quarterly basis) .................................................................. 69

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LIST OF FIGURES

Figure 1.1 Location of Rukungiri and Kanungu – the project districts (bottom left square) ..................................... 2 Figure 1.2 Location of project road and its connection to road network in the region ............................................. 3

Figure 1.3 Proposed Rukungiri-Kihihi-Kanungu/Ishasha Road Route (Existing route in black and new route in

brown) ........................................................................................................................................................... 4

Figure 1.4 Stakeholder analysis grid ..................................................................................................................... 14

Figure 2.1 Example of proposed road re-alignment near Bwoma Trading Centre ................................................ 20

Figure 5.1 Uganda’s gross domestic product (GDP) based on purchasing-power-parity per capita GDP and

growth rate 1980-2009 ................................................................................................................................ 25

Figure 5.2 Nature of structures on project-affected land ....................................................................................... 26

Figure 5.3 Distribution of gender among household heads ................................................................................... 27

Figure 5.4 Land ownership according sex of PAPs whose residential or farm land would be affected ................. 28 Figure 5.5 Annual revenue earned by PAPs from various livelihoods .................................................................. 29

Figure 5.6 Religion of PAPs surveyed .................................................................................................................. 32

Figure 5.7 Proportion (%) of the commonest diseases among project-affected households ................................ 32 Figure 5.8 Type of care PAPs reported for disability conditions in their households. ............................................ 33

Figure 5.9 Literacy levels among PAPs. ............................................................................................................... 34

Figure 5.10 Household fuel sources among PAPs................................................................................................ 35 Figure 6.1 Grievance management mechanism ................................................................................................... 47

Figure 8.1 Proposed RAP implementation unit ..................................................................................................... 60

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EXECUTIVE SUMMARY

Project Name: Road Sector Support Project 4: Upgrading of Rukungiri–Kihihi–Kanungu/ Ishasha

Road to Bituminous Standard.

Country: UGANDA

Project Number: ………………

1. INTRODUCTION

The Government of Uganda (GoU) in line with the Road Sector Development Program (RSDP) has applied for a loan from the African Development Fund (ADF) towards the cost of the Road Sector Support Project (RSSP), part of the proceeds of which shall be utilised to finance upgrading of Rukungiri–Kihihi–Ishasha/ Kanungu Road. The project is toimplemented by the Uganda National Roads Authority (UNRA). Consequently, in accordance with th environmental screening guidelines of the Africa Develoment Bank (AfDB), projects involving upgrading and rehabilitation of major roads, are classified “Category 1”, and these require detailed environmental and social impact assessment (ESIA). Similarly, Uganda’s National Environment Act, Cap 153 requires mandatory full environmental impact assessment for “Third Schedule” projects and “major road projects” are listed in Section 3a of this schedule. This ESIA was therefore carried out in fulfilment of these requirements. The study was undertaken by Air Water Earth (AWE) on behalf of an engineering design consortium comprising Mott MacDonald and Kagga & Partners LTD.

2. DESCRIPTION OF PROJECT AND PROJECT AREA

The road to be upgraded is currently a gravel carriageway located in south-western part of Uganda, starting from Rukungiri Town Council which is located approximately 400 km from Kampala (the capital city of Uganda) traversing the districts of Rukungiri and Kanungu ending at Ishasha, the border with the eastern part of Democratic Republic of Congo (DRC) (see location map, Figures E1 and E2). It consists of two sub-sections, that is, Rukungiri to Ishasha (52 km) and Kihihi to Kanungu (27 km). The road links into the paved section of Ntungamo - Rukungiri road making it part of a regional, national and international route passing through hilly terrain. The proposed road traverses various trading centres presented in Table E1.

Table E1: Trading centres traversed by existing road

Rukungiri to Ishasha Section Kihihi to Kanungu Section

Bwoma Trading Centre Kihihi Town Nyamabare Trading Centre Kaziga Trading Centre Nyabugando Trading Centre Ishasha Boarder Post Kashenyi Trading Centre Kanyantorogo Trading Centre Kakirago Trading Centre Omukarere Burema Trading Centre Runyamunyu Trading Centre Kyeijanga Trading Centre Kakindo Junction/ Campbell Trading Centre Kirima Trading Centre Kibalama Trading Centre Bugarama Trading Centre Omubarama Trading Centre Savannah Trading Centre Kikongi Trading Centre Kanungu Town Ihimbo Trading Centre Nyamirama Trading Centre

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Figure E1 Location of Rukungiri and Kanungu – the project districts (bottom left square)

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Legend Project road Wildlife conservation areas All-weather road National border

Figure E2 Location of project road and its connection to road network in the region

Legend: New alignemnt. Exisiting road

Figure E3 Proposed Rukungiri-Kihihi-Kanungu/Ishasha Road Route (Existing route in black and new route in

brown)

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

Road functional class: Rukungiri to Ishasha – “Class A” (International Trunk Road) Kihihi to Kanungu – “Class C” (Primary Road) Road design class Rukungiri to Ishasha – “Paved II” Kihihi to Kanungu – “Paved II” Design speed – The design speed of 60 km/h was adopted for the mountainous terrain and 70 km/h for

the rolling terrain (Table E2). Built-up areas were designed to a 50 km/h design speed. Table E2: Design speeds adopted for the different sections of the road

Road section Chainage Nature of terrain Design speed (km/h)

Rukungiri – Kihihi -Ishasha 0+000 to 36+600 Mountainous 60

36+600 to 52+250 Rolling 70

Kihihi -Kanungu 0+000 to 12+370 Mountainous 60

12+370 to 26+300 Rolling 70

While the alignment of the existing road will be retained to the extent possible there will be some improvement to the horizontal alignment, vertical alignment where appropriate, arrangement of junctions and inbuilt safety measures. Rukungiri to Ishasha will involve upgrading the existing 35 km gravel road from Rukungiri to Nyakashure followed by 17 km of new alignment from Nyakashure to Ishasha border post. Kihihi to Kanungu section will also involve upgrading existing gravel surfaced road. A road width of 10 m is proposed as follows:

7 m carriageway (two lanes each 3.5 m wide) with an additional 3.5 m wide parking lane in built-up areas

Paved shoulders on either sides of the road each 1.5 m in the rural area and 2.0 m wide in trading centres

Horizontal alignment

130 m minimum curve radius Vertical alignment

1400 m minimum crest curve radius 1500 m minimum sag curve radius 0.5 percent minimum longitudinal gradient 8.0 percent maximum longitudinal gradient

To realise the proposed designs, the existing road width will require widening in certain places. All existing culverts will need to be extended and headwalls replaced. For easier maintenance, culverts with a diameter of not less than 900 mm and proper concrete inlet/ outlet structures are proposed. The road will also be raised above the surrounding ground level to provide for self-draining cross-sections. The road project is within the context of Uganda’s Draft 10-year Road Sector Development Program 3 (RSDP3) which is a fulfilment of the Government’s sector goal to provide a safe and sufficient road transport system capable of supporting the productive sectors and the social and economic transformation of the country. The project will also support the regional integration and cross border trade with the DRC at Ishasha. The road will provide the much needed economic development stimulus for the highly fertile areas of Rukungiri and Kanungu including easy access to Queen Elizabeth National Park (QENP) thus increasing tourism activities. It will reduce

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the road maintenance costs, vehicle operating costs and travel times. It will also provide an alternative for international traffic to Congo (DRC) and other countries such as Rwanda, Burundi and Zambia. Currently, this traffic uses the gravel road from Ishasha through Queen Elizabeth National Park (QENP) or the road from Bunagana border post via Kisoro and Kabale. A section of the existing road passes through the QENP and the project includes construction of a new alignment from km 36+800 to km 51+540 in order to avoid passing through the QENP. This will reduce interference tourism activities in the park. While the upgrade will for most sections follow the existing alignment, road widening will in some cases affect private land, permanent and semi-permanent residential and commercial structures. The purpose of this RAP is to guide implementing of the impending resettlement and ensure equitable compensation. The road and its reserve will affect 2970 property owners, with effects ranging from loss of strips of land adjoining the road, permanent and semi-permanent residential and commercial structures especially in trading centers and crops. To minimize this adverse social-economic impact, UNRA re-designed the road to circumvent dense population areas in some places. Impact zone of influence for primary (direct) impacts was taken as width of the road reserve (15 m) from road centerline and secondary (indirect) impacts were considered over a distance of 2 km from road boundary.

3. POTENTIAL IMPACTS

Impacts anticipated include relocation of PAPs and removal or destruction of temporary, semi-permanent and permanent residential and commercial structures. UNRA plans to maintain the existing road alignment, as much as possible to minimize impact in trading centers and populous settlements along the road. a) Impact on land affected by the project

Land to be affected by the road is the road reserve which measures 15 meters on either side of the road centerline in trading centers and populous settlements. Arras where the contractor will locate workers camp, equipment yards and gravel quarries are also expected to be affected. The existing road transverses several national forest reserves1 (Ihimbo, Rwengiri and Kaniabizo) and private planted forests. Road works through national forest reserves has to be consented to by National Forestry Authority (NFA) through an EIA approval permit issued to UNRA by National Environment Management Authority. Since it already exists and would simply be upgraded, the road is not expected to impede access to forestry resources such as firewood or timber where extraction of these resources is permitted by NFA or a right of private plantation owners. Owners of affected land with perennial crops, timber trees and fruit trees will 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 as required by Uganda law. Table E3: Affected land area in the project districts

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

Rukungiri Road reserve 61.80 152.7078

Kanungu Road Reserve 100.19 247.322

For a total compensation of UgShs 518,526,616 average cost per acre is 3.4 million along project affected areas in Rukungiri District while for a total compensation of Ugshs 899,149,412 average cost per acre is 3.6 million along project affected areas in Kanungu District.

1 Apart from picking wood fuel for domestic use, no unlicensed commercial activity is permitted by NFA in central forest reserves, including

collecting wood fuel for sale. Apart from educating owners on sustainable use, NFA does not impose these restrictions or control to private

plantation forests.

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b) Impact on structures

Within the road corridor (carriage way and reserve), residential houses and commercial structures will be affected when development of the road project commences. These include both “permanent” and “semi-permanent” structures. From consultations with PAPs and field observations, it was established that it would be possible for some people to rebuild affected structures a small distance behind the damaged buildings. Evidently, this will reduce the adverse socio-economic effects of resettlement (such as severance of ties with relatives and customers). Additionally, disruption to businesses and temporary loss of income during relocation can be minimized if owners are allowed to rebuild replacement structures before completely vacating the old ones where possible during the regulatory 3-month “notice to quit” period. Table E4: Affected property in Rukungiri District

Affected Property Number

Permanent houses 27

Semi-permanent houses 312

Kitchens 80

Pit latrines 41

Sheds 01

Barbed wire fences 31

Local live hedges/ Luyenje hedges 34

Graves 07

Water dams/wells (for cattle) 04

TOTAL 537

Table E5: Affected property in Kanungu District


Permanent buildings 174

Semi-permanent buildings 282

Stores/Kitchens 153

Pit latrines 134

Kiosks 02


Local live hedges/Luyenje hedges 29

Graves 12

Mains water taps 02

Others 18

TOTAL 830

c) Impact on livelihoods

Economically-displaced people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This applies to those whose business are required to be relocated, but also to those who are employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. This impact will apply to commercial structures along the existing road that will be demolished but most of these comprise comprising roadside semi-permanent restaurant/eateries, bars and video halls. An inventory of affected dwellings and business structures is provided in the Valuation Report prepared as part of this resettlement plan. Table E6: Number of PAPs in the project districts

District Number of villages Total number of Asset owners

Total number of PAPs

Rukungiri 28 1071 4829

Kanungu 52 1897 7588

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d) Impact on graves and communal facilities

Graves: According to interviews with PAPs graves would have to be relocated if owners were physically displaced from their current landholdings to a new location. According to Uganda laws, graves are among assets that are compensated when they must be relocated. Communal facilities: Several schools and churches (Diocese of Kinkizi in Kanungu and Omubarama Church of Uganda in Rukungiri) will lose land to the road project. In Kanungu Town, several primary schools run by Diocese of Kinkizi (Church of Uganda) will also lose land. In Runkungiri, the road project will affect prison land while at Ishasha border post the road will take police land affecting several staff dwellings (uniports). Reference should be made to the Valuation Report which provides detail of all affected community facilities to be affected by the road project. In some places of Rukungiri and Kanungu towns, water mains and 33 kV power lines adjoining the existing carriageway will need relocation during road upgrade, causing temporary disruption in supply.

4. ORGANIZATIONAL RESPONSIBILITY FOR RAP IMPLEMENTATION

Uganda National Road Authority (UNRA) will be responsible for implementing the RAP. The Ministry of Lands, Housing and Urban Development (MoLUHD) is a key institutional agency in which the Chief Government Valuer (CGV) who approves valuation and compensation reports is found. The Ministry is also responsible for issuance of land title deeds. District Land Boards in respective local governments develop compensation rates and will be useful during RAP implementation, monitoring and grievance management. Local Councils will authorize compensation payment schedules. Local councils will be involved in verifying identity of PAPs and grievance redress. UNRA may sub-contract a contractor to implement the RAP but this is expected to work through the District Committees which will comprise members from the District Land Board, Parish Land Committees, Local Councils (I-V), local leaders, representatives of the PAP and identified NGO/CBO active in the area. Table E7: RAP Implementation schedule

Months

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

RAP approval

RAP disclosure

Grievances

management

Compensation payment

RAP monitoring

RAP completion audit

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

5. PUBLIC CONSULTATIONS AND COMMUNITY PARTICIPATION

Consultations were carried out with project affected people from 4th May to 30th June 2010 to enable them know project objectives, possible social-economic impacts and resettlement options were available to them. Consultations also involved local leaders in Rukungiri and Kanungu Districts. The project of upgrading the road from gravel to bituminous standards was considered beneficial both to the districts and country by the consulted communities and district officials. Some of the key issues were: UNRA to ensure equitable and timely compensation for all affected assets before road construction commences. Property valuation should be fair and based on prevailing market values to reflect increased cost of construction materials and land prices. Some PAPs anticipating high property values at the time of compensation preferred an option of getting replacement assets (land or building) from the project. In spite of the obvious benefit, most people generally preferred cash compensation payments with the hope of saving some money for other investments. Property located away from the road and otherwise not eligible for compensation should be duly compensated if damaged by contractors. If 90% one’s land is affected and the remaining parcel is so small that it is not useful for farming or settlement, the

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project should provide compensation for all the land so that affected persons can resettle elsewhere they can purchase sufficient land. UNRA should also ensure that title deeds taken from landowners for purposes of mutating the road reserve are returned promptly to respective owners who would otherwise be left without proof of ownership of their land. Additionally, PAPs required UNRA to ensure quick and proper grievance resolution during RAP implementation. Vulnerable people should be continually identified during implementation of resettlement activities so they could be assisted in any way possible. For example elderly women living with grandchildren orphaned by HIV-AIDS or orphans heading households and looking after orphaned siblings.

6. INTEGRATION WITH HOST COMMUNITIES

It is expected that most affected home owners would have some land to reconstruct their dwellings a little back from affected locations. Conversely, due to linear settlement pattern along roads and small size of commercial land parcels (plots) in towns and trading centres, this may not always be possible and affected persons would have to relocate to new plot of land but still within town. There is thus little possibility that a large population of PAPs would be relocated to an entirely new host community.

7. SOCIO-ECONOMIC BASELINE CONDITIONS

Kanungu District: According to 2002 national census, total population of Kanungu District was 204,732 people with a population density of 794 people per km2, seven times higher than the national population density average of 112 people per km2. Projected population of the district in mid-2012 is 252,300 of which 129,800 (51.4%) are females1. Vulnerable groups in Kanungu district, that is, people less able to cope with sudden changes or economic shocks, include the elderly (3% of the total population is over 60 years of age), children, the ill, the disabled and female-headed families or households. Total land area in the district is 1228.28 sq km comprising of small-scale farmland (62%), high tropical forest (15%), woodland (11%), grassland (9%), bush land (2%), open water (1%) and miscellaneous mosaics (2%). The District has a good climate and moderately fertile soils which make production of a variety of crops possible. Over 90 percent of the district population depends on agriculture, directly or indirectly, as a source of livelihood. The traditional role of women as housekeepers is still prevalent in the district. Women are largely responsible for household activities, subsistence farming and collecting firewood and water. Women sometimes sell produce in the market and engage in small-scale retail trade. Decision-making, participation in the community management and politics are primarily male-dominated. Rukungiri District: The population of Rukingiri District has been increasing since 1980 and according to 2002 census its population was 275,162 persons2. Population density is 211 persons per km2 against a national average of 112 persons per km2. Projected population of the district in 2012 is 321,300 of which 167,700 (or 52.2%) are females. The high population is attributed to increasing immigrants from neighbouring Democratic Republic of Cong (DRC). Population of the district is young with 57 percent being under 18 years and core labour force is 47 percent. Ethnic groups in Rukungiri district are Bakiga, Bahororo and Banyarwanda. The district has a total area of 1,524.28 sq km, 11 percent of which comprises tropical high forests, 5.5 percent woodland, 2.6 percent bushland, 21.3 percent grassland, 52 percent farmland and 7.6 percent open water. The mainstay of the economy of Rukungiri District, like the rest of the country, is agriculture. More than 90 percent of the population are engaged in farming. Of the 1524.28 sq.km total land area of the district, 1352.3 sq.km is arable land with 1150 sq.km already under cultivation.

8. INSTITUTIONAL AND LEGAL FRAMEWORK

Key legislations governing compensation and resettlement in Uganda are the Constitution of Uganda (1995) and the Land Act (1988). Article 237(1) of the Constitution vests land ownership in citizens of Uganda, however under Article 237(1)(a), the Central or Local Government may acquire land in the public interest. The Constitution prescribes various tenure regimes in accordance with which rights and interests over land may be held. It provides procedures to follow in acquiring land in the public interest and provides for the “prompt payment of fair

1 Uganda Bureau of Statistics, UBOS (2013): Local Government Statistical Summary, Kanungu District.

2 Uganda Bureau of Statistics, 2002

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and adequate compensation” prior to taking possession of land. The Land Act (1988) is the principal legislation on land tenure in Uganda which emphasizes adequate, fair and prompt compensation by the developer of the occupier or owner of land. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Committees (PLC) and Land Tribunals. Section 78 of the Act gives valuation principles for compensation, that is, compensation rates to be yearly approved by DLBs. The following legal instruments provide the legal framework for compensation and resettlement in Uganda:

The Uganda Constitution (1995) The Local Government’s Act 1997 The Land Act, 1988 Physical Planning Act , 2010 Valuation Act 1965 The Access to Roads Act ,1965

UNRA’s Land Acquisition Manual (LAM) was designed to satisfy regulatory and key financiers resettlement requirements, based on the following principles: i) Compensation should be aimed at minimizing social disruption and assist those who have lost assets to maintain their livelihoods. In accordance with Ugandan laws and standards, a disturbance allowance is to be provided to PAPs to cover costs of relocation during resettlement; and ii) Community infrastructure must be replaced and ideally be improved in situations where it was deficient. This for example includes roadside water sources. Preparation of the RAP has taken into consideration safeguard policies of the AfDB (Involuntary Resettlement Policy, 2003) with the aim to ensure that project-affected persons should be assisted to improve their livelihoods and standards of living or restore them to pre-displacement levels or levels.

9. ELIGIBILITY

The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and properties, that is, 30th June 2010. 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 (LC II level), District Land Board (LCV 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 the road; People whose structures are to be affected by the development; 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 AfDB policies. Public or community facilities such as churches, schools and water sources.

10. VALUATION OF AND COMPENSATION OF ASSETS

Section 78 of the Land Act (1988) prescribes valuation principles for compensation including compensation rates which are approved by District Land Boards and are updated on yearly basis. Other requirements for assessment of compensation of assets are provided under the Valuation Act 1965. A full census of affected persons and survey/ valuation of and their assets will was completed on the cut-off date by Surveying /Valuation

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Teams who worked with Local Councils, especially LC1 of affected villages and towns centres to verify identity of affected persons and their physical assets including land sizes, crops, trees and buildings. 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 value, that is, the probable value the property will fetch when offered for sale. 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 property inspection and surveys. 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. District compensation rates were applied to derive compensation values for crops, fruit trees, flowers and shrubs owned by PAPs. According to Uganda’s compensation regulations, annual crops which could be harvested during the period of notice to vacate given to land landowners are excluded in determining compensation values.

11. COSTS AND BUDGET

The resettlement budget including RAP implementation consultant, monitoring & evaluation and provisional sum for special assistance to vulnerable people along entire road amounts to UgShs 7,761,677,479 (or USD 3,155,153 at exchange rate UgShs 2460 per USD). A summary of resettlement budget per district, number of PAPs and affected assets is provided in Table E8.

12. GRIEVANCE REDRESS MECHANISM

Based on experience of earlier RSSP projects, most grievances will be related to property valuation. These are likely to arise when households consider compensation values for their assets insufficient, especially when PAPs doubt if valuation values do indeed provide replacement value or if PAPs misunderstood the compensation process and believe they are entitled to additional compensation. Given this, UNRA will constitute a dedicated committee and procedure to manage and close out grievances. The committee must have a quorum of at least 3 people and decisions will be reached by simple majority. The Grievance Committee should be constituted for as long unresolved grievances are pending. This will include the following members:

Two representatives of PAPs (one woman and man)

Local Council III (LC III);

District Land Officer - Surveyor;

UNRA representative

A property valuer,

Grievance Officer (GO): This is sociologist provided by the RAP implementation consultant contracted

by UNRA.

While some grievances would be resolved by the committee, others might not, such as when claimants contest compensation rates developed by District Land Boards. In spite of the grievance procedure, if, the aggrieved person is not satisfied with resolutions of the Grievance Committee at local level/village, he/she will have the choice of resorting to courts of law.

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Table E8: Affected villages, number of PAPs and resettlement cost

Sub-county Number of

villages

Number of PAPs

Cost in Uganda Shillings

Cost for land

Buildings & other improvements

Cost for crops & trees

Cost for graves 15% disturbance allowance

Total cost (shs)

RUKUNGIRI District (number of PAPs and resettlement cost)

Rukungiri Town Council

02 47 186,968,957 25,847,685 16,643,400 - 34,419,006 263,879,048

Kagunga 02 61 28,066,790 124,584,360 15,523,500 300,000 25,271,198 193,745,848

Rujumbura 01 53 31,444,295 103,200,300 19,313,000 600,000 23,183,639 177,741,234

Nyakagyeme 03 111 80,553,419 244,869,995 26,110,500 - 52,730,087 404,264,001

Bugangari 10 419 124,667,048 486,847,400 154,047,000 400,000 114,894,217 880,855,665

Bwambara 10 380 66,826,107 328,034,208 51,260,800 - 66,918,167 513,039,282

TOTAL 28 1071 518,526,616 1,313,383,948 282,898,200 1,300,000 317,416,315 2,433,525,079

KANUNGU District (number of PAPs and resettlement cost)

Nyamirama 08 348 47,240,301 126,854,000 35,372,500 - 31,420,020 240,886,821

Kihihi 11 176 71,056,692 174,060,663 47,243,000 1,600,000 44,094,053 338,054,408

Kanungu Town Council

04 97 186,787,135 749,204,510 7,310,050 1,000,000 141,645,254 1,085,946,949

Kirima 04 342 177,985,873 823,572,575 45,940,300 2,500,000 157,499,812 1,207,498,560

Kanyantorogo 05 384 98,754,382 1,199,291,223 52,311,000 2,200,000 202,883,491 1,555,440,096

Kihihi Town Council 20 550 317,325,029 412,966,267 52,000,500 600,000 117,433,769 900,325,565

Totals 52 1897 899,149,412 3,485,949,238 240,177,350 7,900,000 694,976,400 5,328,152,400

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Table E9: Number of vulnerable persons by district, type of vulnerability, gender and property to be lost

Vulnerability Gender Total Property to be lost

Male Female Crops & Trees

Buildings and Other

Improvements

Land

Kanungu

HIV/AIDS 1 1 1 1

Handicapped 3 3 1 3

Terminal illness 4 4 2 4

Mental illness 2 2 2 1 2

Elderly 6 6 4 3 6

Elderly & Widower 1 1 1 1 1

HIV/AIDS and female headed

2 2 2 1 2

Rukungiri

Mental illness & widowed 1 1 1 1

Mental illness & HIV/AIDS 1 1 1 1 1

HIV/AIDS 4 1 5 4 3 5

HIV/AIDS & widowed 1 1 1 1

Handicapped & elderly 1 1 1

Terminal illness 3 3 1 3 3

Deaf & widower 1 1 1 1

13. MONITORING AND EVALUATION

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

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

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

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

A review of regular progress reports produced by UNRA will be carried out by all stake holders both at national and local levels including the AfDB. After completion of resettlement, a final report will be submitted by UNRA to AfDB prior to preparation of the project implementation report. The report shall indicate effectiveness of project implementation and disbursement of compensation payments, effectiveness of public involvement

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and socio-economic impacts of roadside communities. This report will give overall assessment of the RAP process indicating activities undertaken, success of mitigation action and monitoring and well as useful lessons learnt. A key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and AfDB requirements.

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1 INTRODUCTION

1.1 BACKGROUND

The Government of Uganda (GoU) in line with the Road Sector Development Program (RSDP) has applied for a

loan from the African Development Fund (ADF) towards the cost of the Road Sector Support Project (RSSP),

part of the proceeds of which shall be utilized to finance upgrading of Rukungiri–Kihihi–Ishasha/ Kanungu Road.

The project is to be implemented by the Uganda National Roads Authority (UNRA). Consequently, in accordance

with th environmental screening guidelines of the Africa Development Bank (AfDB), projects involving upgrading

and rehabilitation of major roads, are classified “Category 1”, and these require detailed environmental and social

impact assessment (ESIA). Similarly, Uganda’s National Environment Act, Cap 153 requires mandatory full

environmental impact assessment for “Third Schedule” projects and “major road projects” are listed in Section 3a

of this schedule. This ESIA was therefore carried out in fulfilment of these requirements. The study was

undertaken by Air Water Earth (AWE) on behalf of an engineering design consortium comprising Mott

MacDonald and Kagga & Partners LTD.

1.2 DESCRIPTION OF PROJECT AND PROJECT AREA

The road to be upgraded is currently a gravel carriageway located in south-western part of Uganda, starting from

Rukungiri Town Council which is located approximately 400 km from Kampala (the capital city of Uganda)

traversing the districts of Rukungiri and Kanungu ending at Ishasha, the border with the eastern part of

Democratic Republic of Congo (DRC) (see location map, Figures E1 and E2). It consists of two sub-sections,

that is, Rukungiri to Ishasha (52 km) and Kihihi to Kanungu (27 km). The road links into the paved section of

Ntungamo - Rukungiri road making it part of a regional, national and international route passing through hilly

terrain. The proposed road traverses various trading centres presented in Table 1.1.

Table 1.1: Trading centres traversed by existing road

Rukungiri to Ishasha Section Kihihi to Kanungu Section

Bwoma Trading Centre Kihihi Town

Nyamabare Trading Centre Kaziga Trading Centre

Nyabugando Trading Centre Ishasha Boarder Post

Kashenyi Trading Centre Kanyantorogo Trading Centre

Kakirago Trading Centre Omukarere Burema Trading Centre

Runyamunyu Trading Centre Kyeijanga Trading Centre

Kakindo Junction/ Campbell Trading Centre Kirima Trading Centre

Kibalama Trading Centre Bugarama Trading Centre

Omubarama Trading Centre Savannah Trading Centre

Kikongi Trading Centre Kanungu Town

Ihimbo Trading Centre

Nyamirama Trading Centre

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Figure 1.1 Location of Rukungiri and Kanungu – the project districts (bottom left square)

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Legend Project road Wildlife conservation areas All-weather road National border

Figure 1.2 Location of project road and its connection to road network in the region

Legend: New alignemnt. Exisiting road

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Figure 1.3 Proposed Rukungiri-Kihihi-Kanungu/Ishasha Road Route (Existing route in black and new route in

brown)

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

criteria below:

Road functional class: Rukungiri to Ishasha – “Class A” (International Trunk Road) Kihihi to Kanungu – “Class C” (Primary Road)

Road design class: Rukungiri to Ishasha – “Paved II” Kihihi to Kanungu – “Paved II”

Design speed: The design speed of 60 km/h was adopted for the mountainous terrain and 70 km/h for the rolling terrain (Table 1.2). Built-up areas were designed to a 50 km/h design speed.

Table 1.2: Design speeds adopted for the different sections of the road

Road section Chainage Nature of terrain Design speed (km/h)

Rukungiri – Kihihi -Ishasha 0+000 to 36+600 Mountainous 60

36+600 to 52+250 Rolling 70

Kihihi -Kanungu 0+000 to 12+370 Mountainous 60

12+370 to 26+300 Rolling 70

While the alignment of the existing road will be retained to the extent possible there will be some improvement to

the horizontal alignment, vertical alignment where appropriate, arrangement of junctions and inbuilt safety

measures. Rukungiri to Ishasha will involve upgrading the existing 35 km gravel road from Rukungiri to

Nyakashure followed by 17 km of new alignment from Nyakashure to Ishasha border post. Kihihi to Kanungu

section will also involve upgrading existing gravel surfaced road. A road width of 10 m is proposed as follows:

7 m carriageway (two lanes each 3.5 m wide) with an additional 3.5 m wide parking lane in built-up

areas

Paved shoulders on either sides of the road each 1.5 m in the rural area and 2.0 m wide in trading

centres

Horizontal alignment

130 m minimum curve radius

Vertical alignment

1400 m minimum crest curve radius

1500 m minimum sag curve radius

0.5 percent minimum longitudinal gradient

8.0 percent maximum longitudinal gradient

To realise the proposed designs, the existing road width will require widening in certain places. All existing

culverts will need to be extended and headwalls replaced. For easier maintenance, culverts with a diameter of

not less than 900 mm and proper concrete inlet/ outlet structures are proposed. The road will also be raised

above the surrounding ground level to provide for self-draining cross-sections.

Currently, some parts of the existing road are in a dilapidated state or of limited capacity and therefore not able to

meet current demand for service provision, latent or otherwise. It is anticipated that the road project and

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development induced by it, will stimulate and uplift economic activities and increase demand for infrastructure

services along areas it traverses. Without the project, access to these areas will continue to be difficult thus

inhibiting socio-economic development. Vehicular traffic to Democratic Republic of Congo DRC will increase

pressure on existing road that is already in a poor condition. The road will bar the following benefits to

communities traversed:

Provision of a high standard alternative to the Kihihi–Kambuba–Rwerere road,

Provision of alternative route for international traffic between Uganda and DRC,

Improvement of access to markets, social and health services and employment possibilities,

Reduction of transport costs, travel times and accident risk,

Increased opportunities for employment.

The road project is within the context of Uganda’s Draft 10-year Road Sector Development Program 3 (RSDP3)

which is a fulfilment of the Government’s sector goal to provide a safe and sufficient road transport system

capable of supporting the productive sectors and the social and economic transformation of the country. The

project will also support the regional integration and cross border trade with the DRC at Ishasha. The road will

provide the much needed economic development stimulus for the highly fertile areas of Rukungiri and Kanungu

including easy access to Queen Elizabeth National Park (QENP) thus increasing tourism activities. It will reduce

the road maintenance costs, vehicle operating costs and travel times. It will also provide an alternative for

international traffic to Congo (DRC) and other countries such as Rwanda, Burundi and Zambia. Currently, this

traffic uses the gravel road from Ishasha through Queen Elizabeth National Park (QENP) or the road from

Bunagana border post via Kisoro and Kabale. A section of the existing road passes through the QENP and the

project includes construction of a new alignment from km 36+800 to km 51+540 in order to avoid passing through

the QENP. This will reduce interference tourism activities in the park.

While the upgrade will for most sections follow the existing alignment, road widening will in some cases affect

private land, permanent and semi-permanent residential and commercial structures. The purpose of this RAP is

to guide implementing of the impending resettlement and ensure equitable compensation. The road and its

reserve will affect 2970 property owners, with effects ranging from loss of strips of land adjoining the road,

permanent and semi-permanent residential and commercial structures especially in trading centers and crops.

To minimize this adverse social-economic impact, UNRA re-designed the road to circumvent dense population

areas in some places.

Plate 1.1: People travelling along River

Ntungwa. Without the proposed project,

access to social services, markets and

healthcare will continue to be risky,

impossible or costly for people of

Kanungu and Rukungiri.

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Impact zone of influence for primary (direct) impacts was taken as width of the road reserve (15 m) from road

centerline and secondary (indirect) impacts were considered over a distance of 2 km from road boundary.

Currently, it is Government policy that all road development projects in Uganda comply with national socio-

environmental safeguard policies and regulations 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:

i) Relocation or loss of shelter;

ii) Loss of assets or access to assets;

iii) Loss of income sources and livelihood.

1.3 OBJECTIVES OF THE RAP

This RAP is designed to provide guidance on how project-affected persons in the project-affected areas should

be equitably compensated and upon relocation, able to cope and lead a normal life as was previously lived or a

better one. The RAP is primarily for property and landowners adjoining the proposed road project.

Cadastral surveys and property valuation that informed this RAP were done with aim to:

i) Delineate private land and properties to be affected,

ii) Compile an accurate list of the project-affected persons (i.e. owners and land users having an interest in

the road reserve)

iii) Establish monetary worth of all immoveable assets, including structures (permanent or semi-permanent),

perennial and annual crops and trees within the road reserve.

In view of the foregoing, the main objectives of this RAP were to:

i) Prepare social profiles of PAPs through a social-economic survey.

ii) Ensure that the displaced people receive equitable compensation prior to their displacement.

iii) Raise awareness of the project and its consequences among affected communities.

iv) Carry out consultations with relevant stakeholders, including potentially affected persons and obtain their

views and suggestions regarding social impacts of the proposed project and measures to cover the losses.

The results of the consultations will be made available to all relevant stakeholders, including potentially

affected persons through RAP disclosure.

v) Determine the extent of the impacts due to involuntary resettlement 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.

vi) Establish the actual compensation costs necessary for resettlement and quantify the land area to be

acquired for the road reserve.

vii) Prepare resettlement strategies including entitlement matrix and arrangements for implementation that

would mitigate adverse socio-economic impacts and grievances.

viii) Prepare strategies to mitigate adverse socio-economic impacts and possible grievances arising from

resettlement.

1.4 SCOPE OF THE RAP

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.

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The package of agreed entitlements in the form of a matrix that 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 Policy of AfDB on Involuntary Resettlement. Therefore the RAP shall follow the policy of AfDB

on Involuntary Resettlement (2003) 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 policy of African Development Bank overrides in

order to ensure that the losses of the Project Affected Persons (PAPs) are well addressed.

Therefore to achieve the objectives of the RAP, activities were limited to the following:

i) Identification persons or groups affected by the project either through destruction of buildings or crops or

loss of land and income.

ii) Consultation with project affected people (PAP) in each village along the road. The consultations sought to

involve PAPs in formulating ideal compensation and resettlement strategies.

iii) Identification of 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

iv) Review of Uganda legislation and guidelines on land acquisition, compensation and development of

infrastructure projects.

v) Census of property owners to be affected by the road project and property valuation.

vi) Socio-economic survey on a representative sample of affected households to obtain a social profile of

affected persons. The survey aimed at establishing a baseline against which effectiveness of resettlement

assistance could be measured. It was based on a comprehensive socio-data questionnaire (Appendix 3)

and covered the following:

information on family/ household members

household land holdings and assets

livelihood in affected households

health & vulnerability

welfare indicators

expenditure patterns

vii) Preparation of a resettlement action plan (RAP) comprising of an entitlement matrix with impact categories.

Compensation and assistance for resettlement were based on the premise that lives of the affected people

should not be worse than before displacement.

viii) Arrangements for implementation providing guidance on proper implementation of the RAP including

institutional arrangements; implementation timeframe and compensation budget derived from property

valuation.

ix) Consultation and participation of affected communities were undertaken throughout preparation of the RAP

and their feedback incorporated in designing resettlement strategies.

x) Developing a grievance redress mechanism.

xi) Developing a monitoring, evaluation and completion audit framework.

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1.5 SOCIAL SURVEY AND VALUATION METHODOLOGY

The RAP was conducted using both qualitative and quantitative methods. Affected households and property

were determined from the road survey and a census of PAPs. Social data of affected persons was obtained from

interviews, meetings and questionnaires. Property surveying and valuation entailed inspection and referencing of

land and buildings. Crops (including fruit and timber trees) were counted and their value established basing on

District local government compensation rates (Appendix 7). Sections below provide detail of the methodology

used.

1.5.1 Approach for Social Survey

A social survey was conducted to establish the social profile of the project affected people and project area in

accordance with Ugandan requirements for involuntary resettlement. Information obtained from the social survey

was used to analyse poverty and welfare indicators in households, social-economic needs and impact on

livelihoods of affected people if the project is implemented as proposed. Broadly, site-specific data gathered from

the survey comprised of three main categories: population and demographics; landownership and land use;

businesses and socio-cultural resources. Among other things, ethnicity, gender, health, household income levels

and sources were captured in the social survey. These categories and respective survey criteria are presented in

Box 1.1.

Box 1.1: Social-economic data survey categories and criteria

Population and demographics:

a) Number of physically or economically displaced people

b) Ethnicity in project-affected area

c) Views of project-affected people

d) Vulnerable people

e) Literacy levels

f) Size of households including dependents

Land ownership and land use:

a) Number of PAP dependents on agriculture for livelihood

b) Land uses, crops and livestock types, type of housing

c) Land tenure

d) Income from agriculture and value of agricultural land

e) Views of project-affected people

Social-cultural and business:

a) Presence, number and types of cultural resources

b) Presence and number of communal social facilities (schools, prayer houses, etc)

c) Businesses (restaurants, video halls, eateries, bars, etc)

d) Income from agriculture and value of agricultural land

e) Views of project-affected people

f) Expenditure patterns in households

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 the road project, would be eligible for

compensation. PAPs were identified through a census cadastral survey.

Based on cadastral surveys a total about 2970 property owners will be affected by the Project. For households,

this would mean losing land, crops, permanent and semi-permanent structures.

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Prior to undertaking the detailed social survey, sensitization meetings were held in each village along the 74-km

road to disclose and explain the forthcoming RAP study, the valuation process and how it is conducted. These

meetings were conducted by AWE’s social survey team and a representative of the property valuation

consultant. In the meetings, the project planning schedule was disclosed, cut-off for eligibility explained and

rights of PAPs and grievance process outlined.

All meetings were chaired by either District officials or village’s Local Council (LC1) chairpersons of respective

villages. 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.

b) Fieldwork, socio-survey and data analysis tools: To develop a social profile of PAPs a structured

questionnaire (Appendix 2) was administered for a representative sample of 932 households, 31 percent of all

the 2968 property owners. Prior to administering the questionnaire to each PAP, its content was explained and

purpose of requested information carefully explained. Social data collected in the questionnaires was cleaned up,

coded, entered in a database then analyzed using SPSS 1 microcomputer package.

c) Census and property valuation: The census was conducted by AWE and findings compiled into in an MS

Access database, linked with the property valuation data. Property census and valuation was conducted by

Associated Engineering (AES).

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 (Associated Engineering, AES) following methodology described below.

1.5.2.1 Cadastral surveys

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

registered proprietors were recorded and strip map produced. Survey beacons were placed at locations where

cadastral lines cross the road alignment. This information is presented on a strip map of the road showing

location of proposed works on existing cadastral maps. No land title deed mutations were signed since registered

proprietors can only sign after compensation. Based on this, acreage of land affected for both registered plots

and customary interest were calculated and a property valuer determined associated compensation values.

1.5.2.2 Inspection, referencing and valuation

Inspection of affected properties including referencing of buildings and structures were carried out from beginning

of May to end of June 2010. Data collected covered registered land, customary holdings, permanent- and semi-

permanent structures, crops and trees. This data was entered on the compensation assessment forms.

Enumeration of crops 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. Land surveyors measured acreage of affected land to be

used by property valuers to establish commensurate compensation conforming to Uganda Government laws.

1.5.2.3 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. Monetary value of land and buildings is based on market value i.e. the probable value a

1 SPSS: Statistical Package for the Social Sciences.

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given property will fetch on market when offered for sale. In arriving at market values, the following assumptions

were made:

i) That the owner is a willing seller,

ii) 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 proper marketing of the interest, for agreement of price and

completion of a sale,

iii) That earlier state of property market, and values were the same as on the date of valuation,

iv) That both parties to the transaction had acted knowledgeably, prudently and without coercion.

1.5.2.4 Deriving compensation rates

a) Land: Valuation rates used for affected land were based on evidence obtained during property inspection and

surveys. There is available evidence of sales of property and land holdings in both Rukungiri and Kanungu

Districts. Where available, copies of purchase agreements were provided as proof of land purchase or

ownership. 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 market

values.

b) Buildings and Structures: While many residential and commercial buildings to be affected by the project are

constructed in permanent materials such as burnt clay bricks and iron roof sheets, valuation also encountered

many semi-permanent and temporary structures built in very low-cost materials such mud and wattle or thatch

roof on kitchens and pit latrines. Buildings and structures were valued on the basis of Depreciated Replacement

Cost Method to arrive at their market value.

For rented commercial properties, the Investment Method of valuation was used and necessary adjustments

made to derive the final value. Semi-permanent and temporary structures including pit-latrines were valued using

local compensation rates set by Kanungu and Rukungiri Districts. In both cases the design, standard of

construction, fittings, finishes and general condition of repair were taken into consideration when deriving

property values.

c) Crops: District compensation rates for Rukungiri and Kanungu 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.

1.5.2.5 Valuation assumptions and limitations

The following assumptions were taken during property valuation:

i) Plot owners on private title deed land have legal ownership rights as provided for by Ugandan law. An

apportionment of land value of 60 percent and 40 percent share of the market value was given to the

landlord and plot owners respectively, depending on developments invested on the affected land. For

example, a plot owner who has a permanent structure such as a house or perennial crops is entitled to a 60

percent share of the compensation value while a person with only temporary structures or annual (seasonal)

crops is only entitled to 40 percent.

ii) Acreage on private land with title deeds is assumed to be the correct record as entered in the Lands and

Surveys Department Registry.

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iii) 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.

iv) Property owners expect to be given a 3-month “notice to vacate”, hence a 30 percent statutory disturbance

allowance has been provided in property values.

v) Buildings which only have portions damaged are assessed as wholly affected and necessitating full

compensation.

vi) Incomplete buildings and structures were been valued in their existing (“as is”) state.

vii) Where private title land owners could not be identified or verified due to lack of records in Central Lands

Registry, the valuer assessed value of affected land against plot numbers on cadastral maps.

Details of valuation assessment of every owner/claimants property are presented in a separate to be submitted

to the Chief Government Valuer.

1.6 ANALYSIS OF STAKEHOLDERS

A “stakeholder” can be defined as:

Any individual, group, or institution with a vested interest in the natural

resources of the project area and/or who potentially will be affected by project

activities and have something to gain or lose if conditions change or stay the

same1.

Stakeholders are all those who need to be considered in achieving project goals and whose participation and

support are crucial to its success. Stakeholder analysis identifies all primary and secondary stakeholders who

have a vested interest in the project. Stakeholder analysis is a process of systematically gathering and analyzing

qualitative information to determine whose interests should be taken into account when developing and

implementing a project.

The analysis includes stakeholder characteristics such as knowledge of the project, interests related to the

project, position for or against the project, potential alliances with other stakeholders, and ability to affect the

project process (through power and/or leadership).

A stakeholder analysis will help the road project to identify:

i) Interests of all stakeholders who may affect or be affected by the programme/ project;

ii) Potential conflicts or risks that could jeopardise the project;

iii) Opportunities and relationships that can be built on during implementation;

iv) Groups that should be encouraged to participate in different stages of the project;

v) Appropriate strategies and approaches for stakeholder engagement; and

vi) Ways to reduce negative impacts on vulnerable and disadvantaged groups.

Three essential steps in stakeholder analysis below were utilized2:

i) Identifying key stakeholders and their interests (positive or negative) in the project;

ii) Assessing influence of, importance of, and level of impact upon each stakeholder;

iii) Identifying how best to engage stakeholders.

1Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA). 2 Ibid

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1.6.1 Identification of Key Stakeholders and their Interests

Identification of stakeholder groups started with investigating specific threat and opportunity factors and

developing a list of key stakeholders associated with each. This was based on some key questions below:

Who will the road project benefit/ affect?

Who are key players in development and implementation of the road project?

What key resources will be impacted?

Who is most dependent on these resources?

Who possesses claims on resources to be affected – including legal jurisdiction and customary use?

Are several government sectors and ministry departments involved?

Are there national and/or international bodies involved either as funding agencies or because of specific

laws or treaties?

Which agencies license certain aspects of the road project or are most knowledgeable about, and

capable of dealing with project impacts or resources to be affected (forestry, wetlands, wildlife areas)?

Who is managing these resources?

Are there major events or trends currently affecting the stakeholders (e.g. development initiatives,

migration, population growth)?

Key stakeholders identified are presented in Table 1.3.

1.6.2 Interests, Influence & Importance of Stakeholders

To assess influence and importance of each stakeholder and potential impact of the project upon each

stakeholder, key issues investigated included:

Who is directly responsible for decisions on issues important to the project?

Who holds positions of responsibility in interested organizations?

Who is influential in the project area (both thematic and geographic areas)?

Who will be affected by the project?

Who will promote/support the project, provided that they are involved?

Who will obstruct/hinder the project if they are not involved?

Who has been involved in the area (thematic or geographic) in the past?

Who has not been involved up to now but should have been?

To assess influence, importance and level of impact upon each stakeholder – a simple grid shown below was

used for developing strategies on how different types of stakeholders might be engaged. The grid organizes

stakeholders according to their likely influence over decisions to be made, and likely impact of project decisions

upon them.

Issues below were useful when considering where stakeholders sit on the Influence/Impact analysis quadrant:

Are they likely to influence success or failure of the proposed road project?

What is their relationship with the project?

Final influence analysis is presented in Figure 1.4.

1.6.3 Engagement of Stakeholders

Finally, the third step involved determining how to involve the different stakeholders identified. It was evident that

different types of stakeholders would be engaged in different ways at the various stages of the road project, from

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gathering and giving information, to consultation and dialogue. For some project implementation aspects such as

HIV/AIDS awareness, NGOs such as those engaged in related activities should be engaged by UNRA during

road construction. The key stakeholders identified, their mandate and roles are presented in Table 1.3.

a) Consultation meetings: Discussions were organized with various people and stakeholders along the road to

verify general perspective of stakeholders. The people consulted included Local Council (LC) officials, opinion

leaders and NGOs.

Consultations aimed to inform people about the project, explain RAP process, and seek views on valuation and

compensation criteria as well as possible impact mitigation recommendations. Also discussed were gender-

specifics benefits, vulnerable people, income restoration and replacement cost for lost property.

b) Survey interviews: Interviews and discussions were held with boda-boda cyclists, commuter omnibus and

taxi operators who operate on the various sections of the road. Most transporters were concerned about the

future of their operations in case the new road design removed existing bus stops. Discussions were also held

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

African Development Bank such as income restoration and assistance to vulnerable people identified during

resettlement process. Women predicted the 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.

During consultations conducted between September 22, 2010 and January 2011, above stakeholders expressed support for the road project and willingness to participate if their involvement, as either witnesses or monitors, is sought in RAP implementation. However, a key factor indicated to influence this involvement was financial facilitation from the implementation agency (UNRA). All RAP implementation agencies would report to UNRA, which has the technical and institutional capacity to

coordinate and supervise implementation of the RAP. Entities involved in RAP implementation have that

mandate; some like lower local administrations (Local Councils- LC I, III) to be involved in monitoring activities

will need financial facilitation for travel and lunch allowances. These costs have been provided for in the RAP

implementation budget under “monitoring & evaluation.

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Figure 1.4 Stakeholder analysis grid

MORE INFLUENCE

LESS IMPACTED UPON MORE IMPACTED UPON

LESS INFLUENCE

Info

rmat

ion

giv

ing

Dia

log

ue

Information gathering Consultation

Government departments

Uganda Wildlife Authority, UWA

National Forestry Authority, NFA

Ministry of Works & Transport

Ministry of Lands, Housing & Urban Development

Kanungu & Rukungiri District Local Governments

Kanungu & Rukungiri District Land Boards

Uganda Land Commission

Opinion formers:

Churches,

Schools,

Ishasha Police Post,

Uganda Prisons (Rukungiri),

CBOs and NGOs

General public:

People in project area, not necessarily ones affected by the road project

Affected communities along road

Vulnerable Groups

Rukungiri and Kanungu District Local Governments

Local Council Leaders (LC I-V)

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Table 1.3: Key stakeholders identified and mandate, roles

Category Stakeholder Mandate Potential role Marginalized? Key?

National Uganda Wildlife Authority (UWA) Wildlife conservation Monitoring road work near Kigezi Wildlife Reserve

No No, since road was aligned to pass outside Kigezi Wildlife Reserve

Water Resources Management Directorate (WRMD) in Ministry of Water & Environment (MWE)

Permitting water abstraction and construction of infrastructure across watercourses

Issue permit for contractor to abstract water and permit for bridge construction

No Yes in so far as water use inevitable during road construction and several bridges will be built

Ministry of Works & Transport (MoWT) Lead agency on roads in Uganda

MoWT develops and overseas road sector policies

No Yes

Petroleum Supply Department in Ministry of Energy & Mineral Development

Permits transportation and storage of petroleum products

Will issue contractor permit for onsite fuel storage

No Yes

Rural Electrification Agency (REA) Builds, owns and operates (or issues concessions to operate) electricity distribution lines in rural areas

No direct role apart from coordinating with concessionaire(s) during relocation of affected 33 kV powerlines

No Yes

Occupational Health & Safety Department in Ministry of Gender, Labour & Social Development

Inspects quality of occupational health and safety in workplace environment

Inspection of labour conditions during road construction

No Yes

National Forestry Authority, NFA Oversees management and conservation of forests

Permit road work through central forest reserves traversed by the road

No Yes

Department responsible for museums and monuments in Ministry of Tourism, Trade & Industry (MTTI)

Preservation of artefacts and antiquities of cultural heritage value

Salvage of “chance-finds”; monitoring major excavations to ensure resources of cultural heritage value are not destroyed

No Yes

Local Rukungiri and Kanungu District Local Governments

Have jurisdiction over project areas

Political goodwill; community sensitisation; monitoring construction activities

No Yes

Local Council Leaders (LC I-V)

Local Communities along road

Communities along entire road (meetings were held in trading centres and villages)

Receive project, own land/ property affected by road project

Project recipients; provide construction labour; land for road

Some vulnerable project-affected persons could be encountered

Yes

Vulnerable Groups These include elderly, women, or people who admitted being terminally ill (especially of HIV/AIDS)

Yes (usually) Yes

Institutions, NGOs, CBOs

Churches, schools, Ishasha Police Post, Uganda Prisons (Rukungiri), CBOs and NGOs along the road

Mobilise communities, provide social services

Community mobilisation, cooperation with UNRA on provision of services e.g. HIV/AIDS awareness during road construction

No Yes

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2 POTENTIAL IMPACTS

2.1 INTRODUCTION

Impacts anticipated include relocation of PAPs and removal or destruction of temporary, semi-permanent and permanent residential and commercial structures. However,

except through trading centres, the existing road mostly traverses rural settings. Linear-type settlements and small trading centres with mixed residential and commercial

dwellings are found along the road. A number of trading centres along the road would be affected by the road project either by widening the carriageway or its realignment to

avoid sharp corners and steep gradients. Trading centres have both licensed and informal traders, the latter category mostly constituting households with roadside retail shops

in which consumer gods are sold. Common goods sold in retail shops include household items such as soap, sugar, salt, paraffin, bottled alcoholic and non-alcoholic

beverages, cloths, corn flour, dry legumes and alkaline batteries (dry cells for transistor radios). Services sold include equipment repair, wireless telephony, healthcare and

entertainment. Clientele of local traders mainly comes from within the community although Ishasha border post is a significant stop for long-distance truck drivers who provide

considerable business to local traders.

(a) (b)

(d) (c)

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Plate 2.1: Typical state of existing road and property (structures and farmland) adjoining it near Kashenyi Trading Centre

(a), other areas along existing road to be affected are shown in (b) and (c). Kihihi Town is shown in photograph (d).

2.2 IMPACT ON LAND AFFECTED BY THE PROJECT

Land to be affected by the road is the road reserve which measures 15 meters on either side of the road centreline in trading centres and populous settlements. Arras where

the contractor will locate workers camp, equipment yards and gravel quarries are also expected to be affected.

The existing road transverses several national forest reserves1 (Ihimbo, Rwengiri and Kaniabizo) and private planted forests. Road works through national forest reserves has

to be consented to by National Forestry Authority (NFA) through an EIA approval permit issued to UNRA by National Environment Management Authority. Since it already

exists and would simply be upgraded, the road is not expected to impede access to forestry resources such as firewood or timber where extraction of these resources is

permitted by NFA or a right of private plantation owners. Owners of affected land with perennial crops, timber trees and fruit trees will 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 as required by Uganda law.

1 Apart from picking wood fuel for domestic use, no unlicensed commercial activity is permitted by NFA in central forest reserves, including collecting wood fuel for sale. Apart from educating owners on sustainable use, NFA does not impose

these restrictions or control to private plantation forests.

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Table 2.1: Affected land area in the project districts

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

Rukungiri Road reserve 61.80 152.7078

Kanungu Road Reserve 100.19 247.322

For a total compensation of Ugshs 518,526,616 average cost per acre is 3.4 million along project affected areas in Rukungiri District while for a total compensation of Ugshs

899,149,412 average cost per acre is 3.6 million along project affected areas in Kanungu District.

2.3 IMPACT ON STRUCTURES

Within the road corridor (carriage way and reserve), residential houses and commercial structures will be affected when development of the road project commences. These

include both “permanent” and “semi-permanent” structures.

From consultations with PAPs and field observations, it was established that it would be possible for some people to rebuild affected structures a small distance behind the

damaged buildings. Evidently, this will reduce the adverse socio-economic effects of resettlement (such as severance of ties with relatives and customers). Additionally,

disruption to businesses and temporary loss of income during relocation can be minimized if owners are allowed to rebuild replacement structures before completely vacating

the old ones where possible during the regulatory 3-month “notice to quit” period.

Table 2.2: Affected property in Rukungiri District


Permanent houses 27

Semi-permanent houses 312

Kitchens 80

Pit latrines 41

Sheds 01


Local live hedges/ Luyenje hedges 34

Graves 07

Water dams/wells (for cattle) 04

TOTAL 537

Table 2.3: Affected property in Kanungu District


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Permanent buildings 174

Semi-permanent buildings 282

Stores/Kitchens 153

Pit latrines 134

Kiosks 02


Local live hedges/Luyenje hedges 29

Graves 12

Mains water taps 02

Others 18

TOTAL 830

2.4 IMPACT ON LIVELIHOODS

Economically-displaced people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This applies to those whose business

are required to be relocated, but also to those who are employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. This impact will

apply to commercial structures along the existing road that will be demolished but most of these comprise comprising roadside semi-permanent restaurant/eateries, bars and

video halls. An inventory of affected dwellings and business structures is provided in the Valuation Report prepared as part of this resettlement plan.

Table 2.4: Number of PAPs in the project districts

District Number of villages Total number of Asset owners

Total number of PAPs

Rukungiri 28 1073 4829

Kanungu 52 1897 7588

2.5 IMPACT ON GRAVES AND COMMUNAL FACILITIES

2.5.1 Graves

According to interviews with PAPs graves would have to be relocated if owners were physically displaced from their current landholdings to a new location. According to

Uganda laws, graves are among assets that are compensated when they must be relocated.

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2.5.2 Communal Facilities

Several schools and churches (Diocese of Kinkizi in Kanungu and Omubarama Church of Uganda in Rukungiri) will lose land to the road project. In Kanungu Town, several

primary schools run by Diocese of Kinkizi (Church of Uganda) will also lose land. In Runkungiri, the road project will affect prison land while at Ishasha border post the road will

take police land affecting several staff dwellings (uniports). Reference should be made to the Valuation Report which provides detail of all affected community facilities to be

affected by the road project. In some places of Rukungiri and Kanungu towns, water mains and 33 kV power lines adjoining the existing carriageway will need relocation during

road upgrade, causing temporary disruption in supply.

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Plate 2.2: Power lines that will need relocating during road construction

2.6 ALTERNATIVES CONSIDERED TO MINIMIZE IMPACTS

UNRA plans to maintain the existing road alignment, as much as possible to minimize impact in trading centres and populous settlements along the road. Engineering design

of the road upgrade recognized the need to minimize displacement of people by retaining existing road alignment to the extent possible. However, where this was not possible

and road alignment changed from original position, land take and displacement impacts will ensue during project implementation. Road design evaluated a number of

alternatives to various components of the road project based on the following criteria:

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i) Maximisation of development benefits and minimisation of environmental-social costs,

ii) Cost effectiveness,

iii) Ease of maintenance.

An example of road realignment to improve safety by eliminating tight corners and minimising displacement is near Bwoma Trading Centre (Error! Reference source not

found.) in Rukungiri District. Here the realigned road route minimises sharp bends through Bwoma Trading Centre and keeps impact on buildings to a minimum.

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Figure 2.1 Example of proposed road re-alignment near

Bwoma Trading Centre

2.7 ASSISTANCE TO VULNERABLE PEOPLE

Choice of compensation Implementation approach

House-for-house UNRA will ensure replacement house is constructed with same or better amenities as of one affected by the project.

UNRA will either provide temporary place of abode or ensure affected person relocated only after replacement structure is completed and ready for occupation

UNRA will assist with acquisition of all legal documents associated with occupancy of the replacement structure.

Land-for-land UNRA will replace land affected with a parcel of equal size or monetary value in agreement with the vulnerable person, especially on location of the replacement land.

For farming PAPs, the replacement land will be of comparable productivity potential.

UNRA will vulnerable PAPs with acquisition of title deeds for the replacement land.

UNRA will ensure that by the time vulnerable PAP leaves affected land, the replacement land is procured.

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2.8 PROJECT PROPONENT AND FUNDING AGENCY

The proponent and funding agency of this project is Uganda Government through Uganda National Roads Authority (UNRA) with contact detail below:

Executive Director,

UGANDA NATIONAL ROADS AUTHORITY,

P. O. Box 28487, Kampala, Uganda.

Plot 11, Yusuf Lule Road, Kampala

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3 ORGANIZATIONAL RESPONSIBILITY FOR RAP IMPLEMENTATION

Uganda National Road Authority (UNRA) will be responsible for implementing the RAP. The Ministry of Lands, Housing and Urban Development (MoLUHD) is a key

institutional agency in which the Chief Government Valuer (CGV) who approves valuation and compensation reports is found. The Ministry is also responsible for issuance of

land title deeds. District Land Boards in respective local governments develop compensation rates and will be useful during RAP implementation, monitoring and grievance

management. Local Councils will authorize compensation payment schedules. Local councils will be involved in verifying identity of PAPs and grievance redress. UNRA may

sub-contract a contractor to implement the RAP but this is expected to work through the District Committees which will comprise members from the District Land Board, Parish

Land Committees, Local Councils (I-V), local leaders, representatives of the PAP and identified NGO/CBO active in the area.

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4 CONSULTATION WITH AFFECTED COMMUNITIES

4.1 INTRODUCTION

Consultations were carried out with project affected people and district officers during preparation of this RAP to provide opportunity for them to know project objectives,

possible social-economic impacts and resettlement options were available to them. Feedback from consultations was analysed, documented and integrated in resettlement

measures reported in this report. During consultations, it was clearly explained to PAPs that resettlement did not only mean displacement and relocation in the literal sense but

also loss of income (economic displacement). The cut-off date was communicated to stakeholders and its implication on assets developed after that date explained.

Consultations were carried out with the Rukungiri District administration on the 26th of April, 2010 and in Kanungu on the 26th of April, 2010 while village meetings were

conducted from 5th,May- 7th May 2010 in Rukungiri District and from 10th - 13th May, 2010 in Kanungu District in each trading centre of village along the road. Villages suitably

located near each other were often consulted in a joint meeting. Notably, there was no restriction on women to attend consultation meetings, which in some places were

attended almost in equal numbers by both men and women.

Plate 4.1: Affected community meeting at Omuburama

Primary School (Rukungiri District)

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Plate 4.2: Affected community meeting at Kaniabizo

Tobacco Shade (Kanungu District)

Plate 4.3: Affected community meeting at Keijanga

(Kanungu District)

Box 4.1: Key issues and suggestions raised during consultations with PAPs.

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i) Property valuation should be fair and based on prevailing market values to reflect increased cost of construction materials and land prices. Some PAPs anticipating high property values at the time of compensation preferred an option of getting replacement assets (land or building) from the project. In spite of the obvious benefit, most people generally preferred cash compensation payments with the hope of saving some money for other investments.

ii) Ensure that title deeds taken from landowners for purposes of mutating the road reserve are returned promptly to

respective owners who would otherwise be left without proof of ownership of their land. iii) There are people who lost their property (land) purchase agreements. This should not preclude them from getting

due compensation. iv) After valuation, there might be people wishing to get their compensation payments in installments rather than a

lump-sum payout. Payment arrangements should enable this option as well. v) It was considered alright for compensation to be made for strips of land lost to the road project. However PAPs

recommended that when the remaining parcel of land is so small, then the whole plot should be compensated and taken by the project, this to enable the affected person buy a large enough property elsewhere.

vi) Affected people should be given the mandatory 3 or 6 months’ notice within which to relocate from affected land/

properties. vii) PAPs noted absentee land owners currently living overseas and suggested that their funds should be kept safely

until claimed. viii) Compensation payments should be done in a timely manner to enable affected people to quickly resettle and

restore their livelihoods. ix) PAPs suggested that vulnerable people should be continually identified during implementation of resettlement

activities so they could be assisted in any way possible. For example elderly women living with grandchildren orphaned by HIV-AIDS or orphans heading households and looking after orphaned siblings.

4.2 INDIVIDUAL AND GROUP DISCLOSURE MEETINGS

Meetings were held on an individual basis with affected household in which the proposed compensation package for all landowner’s lost assets, such as crops and buildings

were discussed. Issues from consultations with affected persons are provided in Appendix 1.

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Responses from such meetings informed or refined proposals in the entitlement matrix. For instance where it was suggested as beneficial to provide services (for example,

transport for relocation) in lieu of cash compensation, PAPs advised that the latter would be their preference, most often the reason being expecting to save some money if

they sourced such services themselves basing on local knowledge and social networks. In some cases project services would be inappropriate, for instance transport for

relocation of graves was rebuffed by PAPs because this is a private, sacred and emotional action culturally limited to family members and not strangers.

4.3 INTEGRATION WITH HOST COMMUNITIES

It is expected that most affected home owners would have some land to reconstruct their dwellings a little back from affected locations. Conversely, due to linear settlement

pattern along roads and small size of commercial land parcels (plots) in towns and trading centres, this may not always be possible and affected persons would have to

relocate to new plot of land but still within town. There is thus little possibility that a large population of PAPs would be relocated to an entirely new host community.

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5 SOCIO-ECONOMIC BASELINE

5.1 INTRODUCTION

The “project-affected area” adjoins the 79 km road from Rukungiri to Ishasha and Kanungu traversing both Rukungiri and Kanungu districts. Although Rukungiri District has a

bigger population than Kanungu District, the latter has a higher density (794 persons /km2). It therefore be inferred that due to land pressure, impact of relocation and

displacement would be more significant in Kanungu than Rukungiri District. Sections below present results of the socio economic survey where information was collected

within the project affected community.

5.2 SOCIAL-ECONOMIC CONDITIONS

5.2.1 National Socio-Economic Statistics

Uganda has a population of 33,398,682 people (July 2010)1 and a GDP (purchasing power parity) of nearly US$1200 per capita (Error! Reference source not found.).

1 https://www.cia.gov/library/publications/the-world-factbook/geos/ug.html

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Source: http://www.indexmundi.com/uganda/gdp_per_capita_(ppp).html

Figure 5.1 Uganda’s gross domestic product (GDP) based on purchasing-power-parity per capita GDP and growth rate 1980-2009

Agriculture is one of Uganda’s main industry sectors, employing 80 percent of its workforce, and constitutes a considerable proportion of the country’s GDP (about 22.5%).

The main industry sectors are agro-processing, comprising fish processing, sugar, tea, cooking oil, dairy processing, breweries and soft drinks. Manufacturing of textiles, paper

products and tobacco are other significant economic sectors.

5.2.2 Land-use and Settlement in Project Area

Settlement along the road is linear and affected properties comprise a combination of burnt brick-iron roof houses; mud/wattle-iron roof houses and mud/wattle-thatch roof.

According to the social survey, most structures affected are semi-permanent (58%) and only a small number are permanent (5%) mostly occurring in trading centers (Figure

5.2).

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5%

58%

15%

8%0%

6%6% 1%1%

Permanent houses

Semi-Permanent Houses

Kitchens

Pit latrines

Sheds

Barbed w ire fences

Local Live Hedges/Luyenje hedges

Graves

Water dams/w ells (for cattle)

Source: Primary data

Figure 5.2 Nature of structures on project-affected land

5.2.3 Socio-Economic Characteristics

The road project with a reserve of 30 meters would impact property owners with effects ranging from taking land strips along the road, loss of crops, demolition of temporary

and permanent residential and commercial buildings.

5.2.3.1 Demographic information

a) Average size of the affected household: Social data of affected households surveyed indicate that the average affected household comprised 6 people (higher than the

national mean household size of 5.081). Children below and above 18 years in the affected households are presented in Table 5.1.

Table 5.1: Proportion of children by age in affected households

Number of children 2-5 6-10 1 None Total

Children above 18 years 50 10 35 5 100

1 Uganda Bureau of Statistics, UBOS

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Children below 18 73 19 4 4 100

Dependants of all age 75 10 10 5 100 Source: Primary data

It should be noted that effect on land would mostly be in form of loss of strips of land adjoining the road and not necessarily total displacement of the home.

b) Gender and marital status of household heads: Most heads of affected households surveyed (73%) were male compared to (27%) female household heads (Figure

5.3Error! Reference source not found.). Also, a few elderly female household heads were encountered and these were often grandparents looking after grandchildren

orphaned by HIV/AIDS. Most of these constitute part of a “vulnerable category”.


Figure 5.3 Distribution of gender among household heads

5.2.3.2 Land Ownership and Tenure

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Table 1.3More men than women owned land in the project-affected area (Figure 5.4). When asked under which

tenure they owned land, most project-affected people (PAPs) indicated customary tenure.

5.2.3.3 Livelihoods

a) Occupations: In trading centres, affected households earned a living from at least one occupation, commonly

informal or formal retail trading and subsistence farming. Along rural stretches of the road almost all households

were mostly subsistence farmers. Farming entailed growing food crops such as bananas, beans, cassava, sweet

potatoes and irish potatoes. In cases of multiple income activities, husbands did the trading while wives

commonly stayed at home working in gardens. The types of occupation amongst household heads surveyed

along the road are indicated in Table 5.2.

Table 5.2: Occupation types amongst project-affected household heads

Occupation No. of people Proportion (%)

1 Farmer 198 49.5

2 Trader 66 16.5

3 Transporter 32 8

4 Bar owner 9 2.25

5 Hotel/ restaurant owner 19 4.75

6 Retail trader/shop owner/ businessman 17 4.25

7 Private vet doctor/medical doctor 4 1

8 Mechanic 5 1.25

9 Carpenter 24 6

10 Teacher 4 1

11 Student 1 0.25

12 Butcher 1 0.25

13 Builder 3 0.75

14 Administrator 1 0.25

15 Nurse 1 0.25

16 Not employed 15 3.75

TOTAL 400 100 Source: Primary data


Figure 5.4 Land ownership according sex of PAPs whose residential or farm land would be affected

b) Agriculture: The road traverses considerable stretches of areas where the key source of livelihood is

subsistence cultivation. The existing road transverses three national forest reserves (Ihimbo, Rwengiri both in

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Rukungiri District and Kaniabizo in Kanungu District) and private plantation forests. Common crops grown

include food crops, timber trees and fruit trees such as oranges, guava, pawpaw and jackfruit (Table 5.3).

Table 5.3: Percentage of PAPs growing given crops types

Crops grown by PAPs Proportion of PAP growing respective crops

Fruits 8

Trees 14

Banana 17

Cassava 8

Potatoes 4

Yams 2.0

PAPs grow all above crops 47

TOTAL 100 Source: Primary data

c) Incomes

i) Monetary income from subsistence agriculture: Subsistence agriculture was noted to be a significant

source of livelihood for the project-affected households in villages. Consultation with affected persons revealed

that subsistence farmers selling their surplus produce earn as much as UgShs 5,000 per day or as little as

UgShs 1,000 per day depending on the season and type of crops sold. Men earn more money than women from

agricultural activities as indicated in Table 5.4.

ii) Trading: This is one of the major livelihood and income earning activities for affected people in trading centres

along the road. Trading takes a number of forms including shop-keeping, selling of charcoal, timber, sand, local

and bottled beverages, poultry and cattle products. Most shops in the project-affected area are small-scale retail

establishments only and sell household consumer goods. In addition, bars and entertainment halls are found in

most trading centres. Most traders view trading as their primary source of income or livelihood. On average,

traders earn from UgShs 2,000 to 20,000 per day depending on the size of business and goods sold. The annual

revenue earned by PAPs from various livelihoods is indicated in Error! Reference source not found.. Along

the entire project route, the proportion of women who dealt in trading was 5 percent.

Table 5.4: Agricultural income levels amongst PAPs

Range of revenue from agriculture (UgShs)

50,0

00

to

500

,000

510,

000

to

960

,000

970,

000

to

1,42

0,00

0

1,43

0,00

0

to

1,88

0,00

0

1890

,000

to

2,33

0,00

0

2,34

0,00

0

to

2,79

0,00

0

Ab

ove

3 m

illio

n

Total

Male

Count 104 11 7 8 1 9 10 150

% 41 4 3 3 0.4 7 5 63

Female

Count 64 9 1 1 18 12 105

% 25 4 0 0.4 4 4 37

Total

Count 168 20 8 9 1 27 22 255

% 66 8 3 4 0.4 11 9 100 Source: Primary data

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0102030405060708090

100110

50-500

k

510k

-960

k

970k

-1.42m

1,43

m-1

.88m

1.89

m-2

.33m

2.34

m-2

.79m

> 3 m

No inco

me

Annua l revenue

%C rop farming

Other agric incomes

Non-agric ultural

R ent received

F amily allowances

R emittances

F ormal employment


Figure 5.5 Annual revenue earned by PAPs from various livelihoods

d) Spending Patterns: From interviews, potentially affected households spend their incomes on food, housing

(rent), medical bills, clothing, dependents and transport as shown in Table 5.5.

Table 5.5: Spending patterns among affected households

Cost item Rank of expenditure*

Clothing 6

Transport 1

House/shop rent 7

School fees 3

Food and domestic water 4

Medical expenses 2

Dependants 5

Other expenses 8 * Rank 1= Item most spent on; 10= item least spent on


The relatively high expenditure on transport is explained by the poor state of existing road, which is unattractive

for public transport operators, so the few taxis or trucks plying this route charge exorbitant fares. In absence of

affordable public transport, proximity to trading centres, which are the sources of employment, goods and

services, is essential for the project-affected people. If affected persons relocate further from towns, they might

suffer higher cost of living resulting from higher transport costs.

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Plate 5.1: Overladen vehicles in Rukungiri-Ishasha road that depict high cost of public transport

Medical expenses were noted high due to lack of adequate healthcare facilities (clinics and drug stores) and this

situation is illustrated by the following examples:

In Kagunga Sub-county (Rukungiri District), is found a government-owned HC II at Rushasha where

people get free medical treatment. However, lack of medical personnel and drugs forces patients to

seek alternative often expensive treatment in privately-owned healthcare facilities.

In Bugangari sub-county (Rukungiri District), Rweibare, Kacirago and Runyamunyu communities go to

government-owned Bugangari HC IV for treatment but due to lack of medicines patients prefer to go to

private clinics where they pay for treatment.

In Bwambara sub-county (Rukungiri District), local people go to government-owned Bikurungu HC I for

free medical treatment, but it chronically lacks medicine. This same situation applies to communities of

Kikongi and Karyamacumu, who visit Kikongi HC II for treatment. In case of complicated medical

conditions however, all these communities travel as far as Rukungiri to go to Nyakibale hospital where

they get treatment at a cost. Rushararazi and Nyakarama communities have no medical centers and

people travel more than 8km to Bikurungu HC II or to Nyakibale in Rukungiri Town, for those with

serious illness.

For Kanyantorogo sub-county (Kanungu District) Kanyantorogo HC III and Nyamwegabira HC II serve

local community but as with most government facilities, they lack drugs and people prefer to visit Bwindi

Community hospital where they pay for treatment.

Lack of medicines or personnel in free health centres force patients to spend money in travel to distant medical

facilities or in seeking paid treatment at privately-operated healthcare clinics.

Almost all house rental expenditure was encountered in trading centres but insignificant along rural stretches of

the road where people owned their own residential dwellings.

e) Banking facilities: Banks will be necessary and important for compensation payments during implementation

of this RAP. However, there was noted a considerable absence of banking institutions along rural stretches of

both Rukungiri and Kanungu roads. Rukungiri Munipality has only two bank branches: Stanbic and Centenary

Banks.

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Until November 2010 when Post Bank was opened, entire Kanungu District had only one branch of Stanbic Bank

in Kihihi Town. In Kanungu District, these two branches are located 45 km apart. The banking population

therefore travels long distances or spends considerable valuable work time in queues at these banks.

Both Rukungiri and Kanungu, which are prevalently agrarian local economies, have not had significant presence

of banks due to low income levels and trade volumes. Most rural people in these districts still rely on small

savings and credit cooperatives (SACCOS) for banking services.

5.2.3.4 Religion and ethnicity

Most affected people in households surveyed were Catholic, followed by Protestants, Moslems and the rest

Pentecostal (Figure 5.6). Prevalent ethnic groups along road section through Rukungiri District are Bakiga,

Bahororo and the Banyarwanda. Through Kanungu District, the road traversed communities in which Bakiga

were main ethnic group followed by Bafumbira and other smaller groups including Batwa, Bahororo, Bahunde

and Banyabutumbi.

5.2.3.5 Health and sanitation

Rukungiri District has few healthcare facilities that are sparsely distributed and inadequately equipped. Along

Rukungiri section of the project road there is only Kikonji Health Centre II located in Bwambara Sub-county within

Kikongi trading centre. In an interview with the Nursing Assistant (Ms. Kyalisiima Louise), she noted the health

centre has one treatment room, yet on average it receives over 50 patients per day. The health centre provides

immunisation, family planning, malaria treatment and antenatal services. Major challenges she cited were lack of

medical drugs, electrical power supply and safe drinking water.

Malaria fever was the most prevalent disease in affected households followed by respiratory ailments (coughs

and flu). Aside the commonest ailments, other diseases reported included cholera, dysentery, typhoid and

waterborne diseases attributed to lack of safe potable water. The commonest diseases among project affected

household are presented in Figure 5.7.

R E L IG ION

83%

14%3%

1%

catholic

protes tant

Mus lim

other


Figure 5.6 Religion of PAPs surveyed

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Figure 5.7 Proportion (%) of the commonest diseases among project-affected households

Expenditure on healthcare services corresponded with information on prevalent diseases in the project area as

indicated in Table 5.6.

While several small healthcare facilities (mostly dispensaries and drug shops) exist along the road they lack

credit facilities, medical drugs and capability especially for unique conditions such as HIV/AIDS and caesarean

births. These together with high cost of services were reported as main factors constraining access to healthcare

services.

A total of 192 PAPs reported having family members (especially children) with physical and mental disabilities

(Table 5.7). This indicates some level of vulnerability and disabilities ranged from minor conditions such as

limping to considerably serious ones including blindness, dumbness, and mental incapacity.

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Table 5.6: Annual household expenditure on common diseases

Disease

Annual expenditure on healthcare (UgShs)

Total 10,000 - 50,000

60000 - 100,000

110,000 - 200,000

210,000 - 250,000

Over 250,000

Malaria Count 65 10 14 2 5 96

% 22 3 5 1 2 32

Cough/flu Count 37 12 18 2 69

% 12 4 6 1 23

HIV/AIDS Count 21 7 10 5 43

% 7 2 3 2 14

All the above Count 48 19 20 1 1 89

% 16 6 7 0 0 30

TOTAL

Count 171 48 62 10 6 297

% 58 16 21 3 2 100 Source: Primary data

Table 5.7: Households with any form of disability

Presence of disability in household Frequency Proportion (%)

Yes 192 51

No 181 49

TOTAL 373 100 Source: Primary data

The nature of care which household heads provide for the disabled people or relatives includes palliative care,

medical check-ups and physical help (Figure 5.8). These include medical care or physical help to walk or lift

objects. Related assistance would be necessary for some critically vulnerable PAPs during resettlement.

T ype of c are required

6%

27%

21%

45%

P alliative care

Medical checkups /pres criptions

P hys ical help

N/A


Figure 5.8 Type of care PAPs reported for disability conditions in their households.

Both Rukungiri and Kanungu Districts are making considerable effort to provide piped water supply in trading

centres and towns. However, coverage is still limited and piped water supply is supplemented with boreholes and

spring wells for people who cannot afford piped water.

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5.2.3.6 Education and literacy among PAPs

Literacy levels in the local community influence how objectively a project is perceived. In addition, project

sustenance in a low-literacy community is harder since people are more likely to vandalize equipment or pilfer

materials they perceive to be very valuable, yet are of little resale value. For example, it is common along many

local roads to find safety signs vandalized by artisans to fabricate utensils such as cooking stoves and pans.

While many people along the road could read and write their names, their level of literacy was basic and the

majority, especially elderly people can largely be considered of low literacy level. Conversely, the advent of UPE

and USE has enabled many young children to go to school for free and this is depicted in comparatively high

proportion of this age group that can read and write. Literacy levels in the project-affected area were low

considering that only 36 percent of PAPs surveyed could read and write with only 6 percent having university-

level education (Figure 5.9) compared to a national average of 70 percent.


Figure 5.9 Literacy levels among PAPs

Social survey results of PAPs indicate that generally, men are more educated than women (Table 5.8).

Table 5.8: Comparison of education and literacy levels among female and male PAPs

Sex

Illiterate Can read and write

Complete primary education

Complete secondary education

Complete university education

Total %

Male % 5 23 19 11 2 58

Female % 4 15 12 10 0.3 42

TOTAL 9 38 31 21 2 100 Source: Primary data

5.2.3.7 Fuel sources in communities along the road

Biomass-derived fuel is the most prevalent energy source in PAPs’ households (Figure 5.10). Firewood is widely

available in bushes and forests along the road; hence its availability is not expected to be affected by the road

project.

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5.2.3.8 Quarry and Borrow Sites

While final choice on source of earth materials is decided by the road contractor, design consultant can propose

potential sources whose materials should be tested by contractors to verify conformity to design specifications.

Sources proposed by the design consultant are described in sections below.

a) Borrow pits along Rukungiri-Ishasha section: Nine potential borrow sites or sources of gravel (murram)

were investigated between Rukungiri and Ishasha. Four test pits on a 50 m 50 m grid were excavated at each

borrow site to establish nature of material. These sites are provided in Table 5.9 and Table 5.10 alongside their

potential material yields.


Figure 5.10 Household fuel sources among PAPs

Table 5.9: Possible borrow sites (Rukungiri - Ishasha section)

Location Estimated potential or Quantity (m3) of site

4+500 RHS 9,000

6+500 RHS 9,000

12+000 RHS 8,000

16+400 LHS 7,000

21+500 RHS Offset 1.9km 9,000

26+000 10,125

31+700 LHS 15,000

38+700 LHS 15,000

45+000 15,000 Source: Mott MacDonald

b) Borrow pits along Kanungu-Kihiihi section: Four potential borrow areas were investigated along the route

between Kanungu and Kihiihi. Four test pits on a 50x50m grid were excavated at each borrow site to establish

the general nature of materials occurring here. Location of borrow pits and their yield are shown in Error!

Reference source not found. and Error! Reference source not found..

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Table 5.10: Possible borrow sites (Kanungu - Kihiihi section)

Location Estimated potential or Quantity(m3) of site

0+000 LHS Offset 1.7km 15,000

8+850 RHS 13,000

10+400 RHS 14,000

17+400 RHS 9,000 Source: Mott MacDonald

c) Quarry sites: Two potential sources of aggregate were identified along Rukungiri - Ishasha section

(Table 5.11).

Table 5.11: Possible quarry sites (Rukungiri - Ishasha section)

Quarry Name Location

Rwanyambali Quarry This quarry is 2km Southeast of Runkungiri, and 3.8 km from Mukagashe.

Zoroma Quarry The quarry is 1.5 km from Kanungu-Katojo junction.

Source: Mott MacDonald

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6 LEGAL AND INSTITUTIONAL FRAMEWORK

6.1 INTRODUCTION

Uganda Government requires that compensation is paid to affected entities if a project would damage structures

and other property, or take private land. The same requirement is also articulated by policies of African

Development Bank( the funding agency of this project), key of which in regard to this RAP is the plocy on

Involuntary Resettlement (2003) Sections below discuss the legal and institutional set up governing this RAP.

The legal sections summarises entities, laws and regulations relating to implementation of resettlement activities

and legal set up associated with effective implementation of the RAP including recognition and the claim to land

rights under various tenure systems. The institutional section provides arrangements, resources and inter-

agency cooperation necessary to implement this RAP. The RAP will be implemented by UNRA and the

institutional section therefore evaluates the capacity of this agency

Land take refers to acquiring of land for some public purpose by government agency, as authorised by the law

from land owner(s) after paying compensation for losses incurred by land owner(s) due to surrendering their

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

applicable to land tenure, compensation and resettlement in this project, namely:

The Constitution of the Republic of Uganda, 1995

The Land Act, Cap 227

6.2 THE CONSTITUTION OF THE REPUBLIC OF UGANDA (1995)

This gives government and local authorities a statutory power of compulsory acquisition of land in public interest

and makes provision; inter alia, for “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 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 percent or, if less

than six months’ notice to vacate is given, 30 percent of the total sum assessed.

6.3 THE LAND ACT, CAP 227:

This addresses four issues namely; holding, control, management and land disputes. In regard to tenure, the Act

repeats (in Section 3) provisions of Article 237 of the Constitution which vests all 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 execution of public works.

Regarding control of land, the Act reaffirms the statutory power of compulsory acquisition conferred on the

government and local authorities under articles 26 (2) and 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 payment of compensation

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and access to 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 percent of compensation amount if quit notice is given within 6 months.

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

The foregoing laws form the basis of compensation requirements necessary to fulfill Uganda’s regulatory

requirements.

6.4 THE LOCAL GOVERNMENT ACT (1997)

Local Government Act 1997 provides for a system of Local Governments based on the District. Under the District

there are lower Local Governments and administrative units. 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.

Because local leaders participate in above roles and will be crucial not only during compensation process but

also project implementation, this law is important.

6.5 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

that people should be moved or provided with alternative land. In Ugandan legal context, once people are

compensated, they are expected to vacate affected properties without further claim.

6.6 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.

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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.

This law may be invoked by property owners who may be cut off from the new road in places where alignment of

existing road is changed from original location.

6.7 THE ROADS ACT (1964)

The Roads Act of 1964 is a critical piece of legislation with respect to road development projects in Uganda. It

defines a road reserve as that area bounded by imaginary lines parallel to and not more than fifty feet distant

from the centreline 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;

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

Cut down or uproot trees or crops; or

The Act allows the 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.

For these reasons, this law is relevant to the proposed project.

6.8 LAND TENURE REGIMES AND TRANSFER OF LAND

Article 237 of the Constitution, 1995, vests land ownership in the 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). Those relevant to the road project are:

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 occupy 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.

Freehold Tenure

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

It involves holding 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.

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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.

6.9 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;

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;

The person ordinarily resides with his or her dependent children below the majority age, except with the

prior written consent of the Committee1;

Ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior

written consent of the Committee.

6.10 LOCAL GOVERNMENTS ACT, CAP 243

This Act provides for decentralised governance and devolution of central government functions, powers and

services to local governments that have own political and administrative set-ups. Districts have powers to

oversee implementation of development activities. They also have units such as District Land Tribunals

responsible for solving complaints that arise from land acquisition valuations and compensation payments.

According to Section 9 of the Act, a local government is the highest political and administrative authority in its

area of jurisdiction and shall exercise both legislative and executive powers in accordance with the Constitution.

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

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Both Rukungiri and Kanungu District Local Governments will be major stakeholders in RAP implementation and

monitoring.

6.11 NATIONAL FORESTRY AND TREE PLANTING ACT, 2003

Section 38 of this Act requires that a person intending to undertake a project or activity, which may impact a

forest, should undertake ESIA to minimise impact of compensate for effects therein caused.

6.12 UGANDA WILDLIFE ACT, CAP 2000

The Act defines wildlife as any wild plant or animal of a species native to Uganda. It vests ownership of wild

animals and plants with the government for the benefit of all Ugandan people, a role responsibility executed

through Uganda Wildlife Authority (UWA).

It should be noted that the proposed road was realigned to pass outside Kigezi Wildlife Reserve and this Act will be applicable only if wildlife is affected during road construction such as to necessitate compensation to UWA. Effect on wildlife could be in form of poaching or road-kill when working near Kigezi Wildlife Reserve.

6.13 REQUIREMENTS OF AfDB

The proposed road project will trigger the AfDB “Involuntary Resettlement” policy in so far as road upgrade will

involve involuntary land acquisition. The AfDB’s involuntary resettlement policy of 2003 stipulates and considers

among other things:

“a category of displaced persons who have no recognisable legal right or claim to the land they are

occupying in the project area will be entitled to resettlement assistance in lieu of compensation for land.

Nevertheless at the minimum, under the bank’s policy (with no contradiction to the borrower’s legislation),

land, housing and infrastructure will be provided to the adversely affected population, including indigenous

groups, ethnic, religious and linguistic minorities, and pastoralists who may have usufruct rights to the land or

other resources taken for the project”.

The primary goal of the involuntary resettlement policy therefore is to ensure that displaced people are treated

equitably, and that they share in the benefits of the project that involves their resettlement. The objectives of the

policy are to ensure that the disruption of the livelihood of people in the project’s area is minimized, ensure that

the displaced persons receive resettlement assistance so as to improve their living standards.

The bank puts people at the centre of development. Hence in all operations the Bank pays a close attention to

projects that may result in the displacement and resettlement of people, particularly when they are the

disadvantaged group such as elderly and children, female headed households, the poorest and the marginalized

communities. The involuntary policy therefore helps to further reinforce the bank’s vision of which poverty

reduction is an overarching objective.

AfDB has several safeguard policies applicable to the project, namely:

Involuntary Resettlement Policy, 2003,

Policy and Guidelines on Cooperation with Civil Society Organizations 1999;

African Development Bank Group Policy on the Disclosure of Information, 2005;

The Gender Policy, 2001;

Environmental and Social Assessment Procedures for Public Sector Operations 2001;

African Development Bank Group’s Policy on the Environment, 2004.

Only policies 1, 2 and 3 apply to this resettlement study and these are discussed below.

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i) AfDB Policy on Involuntary Resettlement, 2003

The primary goal of the involuntary resettlement policy is to ensure that when people must be displaced they are

treated equitably, and that they share in the benefits of the project that involves their resettlement. The objectives

of the policy are to ensure that the disruption of the livelihood of people in the project’s area is minimized, ensure

that the displaced persons receive resettlement assistance so as to improve their living standards, provide

explicit guidance to Bank staff and to borrowers, and set up a mechanism for monitoring the performance of the

resettlement programs. Most importantly, the resettlement plan should be prepared based on a development

approach that addresses issues of livelihood and living standards of displaced persons as well as compensation

for loss of assets, using a participatory approach at all stages of project design and implementation.

Compensation at the full replacement cost for loss of lands and other assets should be paid prior to projects

implementation with the view to improve the former living standards, income earning capacity and production

levels of the affected population. The improvement of these living standards should also apply to host

communities. In addition, the needs of disadvantaged groups (landless, female headed households, children,

elderly, minority ethnic, religious and linguistic groups, etc.) must be at the centre of the development approach.

Resettlement associated with the proposed road project has been addressed in a separate document- the

Resettlement Action Plan (RAP).

It is expected that most affected home owners would have some land to reconstruct their dwellings a little back

from affected locations. Conversely, due to linear settlement pattern along roads and small size of commercial

land parcels (plots) in towns and trading centres, this may not always be possible and affected persons would

have to relocate to new plot of land but still within town. There is thus little possibility that a large population of

PAPs would be relocated to an entirely new host community.

ii) AfDB’s Policy and Guidelines on Cooperation with Civil Society Organizations 1999

Civil society organisations (CSOs) extend beyond NGOs to encompass people's organizations, trade unions,

human rights bodies, religious groups, community-based organizations, policy advocacy bodies, associations of

business and professional people. The African Development Bank has recognized the importance of such

organizations in achieving sustainable development. In its 1999 Vision statement and elsewhere, the Bank has

clearly stated its commitment to participatory practices and constructive engagement with civil society as

responsible and promising ways forward. The Bank, in pursuing its development goals and objectives, will draw

on the knowledge, contacts, experience, and delivery capacity of individual CSOs and networks. Where they

possess necessary skills and experience, CSOs may be involved as volunteers or as contracted agents.

Effective CSO participation, starting in the ‘up-stream’ stages is expected throughout the project cycle.

The bank puts people at the centre of development. Hence in all operations the Bank pays a close attention to

projects that may result in the displacement and resettlement of people, particularly when they are the

disadvantaged group such as elderly and children, female headed households, the poorest and the marginalized

communities. AfDB policy 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.

iii) AfDB’s Policy on Disclosure of Information, 2005

In December, 1997, the Boards of Directors approved a policy for Public Disclosure of Information which

established the procedures and the types of information for disclosure in the absence of compelling reasons for

confidentiality. The Bank Group’s Policy on Disclosure of Information became effective in 1998. The policy was

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based on the principle that the Bank Group should be open and transparent in its operations. The main lessons

from the implementation of the 1997 policy is that many institutions, civil groups and individuals have come to

understand, appreciate and get involved in the work of the Bank Group. There has also been increased demand

for disclosure of Bank Group documents and information on its activities. This RAP report prepared for the

proposed project has been disclosed as shown in Appendix 7.

6.14 GRIEVANCE MANAGEMENT AND REDRESS

6.14.1 Grievance Process

This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff

or contractors during RAP implementation. It also describes procedures, roles and responsibilities for addressing

grievances and resolving disputes. In addition, the grievance process will allow UNRA to be informed of

problems in the project areas during road construction so that it can be pro-active in identifying solutions.

This grievance procedure will not replace existing legal process in Uganda, rather it seeks to resolve issues

quickly and at no cost, so as to expedite receipt of entitlements and smooth resettlement without resorting to

expensive and time-consuming formal legal action. If the grievance procedure fails to provide a settlement,

complainants can still seek formal legal redress. The grievance system will operate for a total of three years.

The project will therefore put in place an extra-judicial mechanism (Figure 6.1) 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:

i) 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;

ii) Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to

address complaints;

iii) Verify that complaints are satisfied with outcomes of corrective actions;

iv) Avoid the need to resort to judicial proceedings.

6.14.2 Grievance Committee

A dedicated Grievance Committee will be established to assess grievances during RAP implementation. This

committee must have a quorum of at least 3 people and decisions will be reached by simple majority. The

Grievance Committee should be constituted for as long unresolved grievances are pending.

This will include the following members:

Two representatives of PAPs (one woman and man)

Local Council III (LC III);

District Land Officer - Surveyor;

UNRA representative

A property valuer,

Grievance Officer (GO): This is sociologist provided by the RAP implementation consultant contracted

by UNRA.

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6.14.3 Grievance Mechanism

The Grievance mechanism will receive inputs from three main sources:

Directly from PAPs residents or other members of community and not necessarily PAPs.

From implementation teams executing the resettlement.

From Monitoring and Evaluation Officer who will forward concerns identified in project affected areas.

Main actions of the grievance process are illustrated in Figure 8.1 and described in sections below.

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. This 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 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. Grievances can be lodged at any time,

either directly to UNRA office or through a grievance committee member. The process for lodging a complaint is

outlined below:

The Grievance Officer will receive a complaint from complainant.

The Grievance Officer will ask the claimant questions in their local language, write the answers in

English and enter them into the Grievance Form.

The local leader and complainant both sign the Grievance Form after they both confirm the accuracy of

the grievance.

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 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 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 of receipt of the grievance.

If more time is required, this will be communicated 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.

Step 3: Meeting with the complainant: Corrective action and 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 (for example, 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 and completed action 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 corrective actions have 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

outcome of the corrective action, additional steps may be undertaken to reach agreement.

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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 UNRA for a solution that satisfies the aggrieved party.

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. 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. However if the complainant is not satisfied, outstanding issues may be re-lodged

with the Grievance Committee or the case may be referred to UNRA management. This grievance management

process recognizes that the formal judicial process would be lengthy and costly for PAPs and is recommended

only after all free redress options are exhausted.

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 and the independent office of the Chief Government

Valuer. If after management intervention, resolution is not reached the complaint has the option to pursue

recourse by judicial processes in courts of law. 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 on site, will lead

the grievance mechanism. Principal responsibilities of the GO will include:

Recording grievances of affected people, categorizing and prioritizing them and providing solutions

within a specified time period.

Discussing grievances on a regular basis and developing decision/actions for issues that can be

resolved at that level.

Reporting to the aggrieved parties about developments regarding their grievances and decisions taken.

Providing inputs into the Monitoring and Evaluation process.

All PAPs along the road will 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 log”) as well as electronically

(database). Upon request, PAPs may view a log of their grievances.

The grievance log will be sent to the implementation team and UNRA management monthly so as to be

aware of the nature of complaints being filed. Where confidentiality is sought by the aggrieved parties, their

names would be concealed in this log.

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:

Replacement structure or land, and procurement of construction materials;

Agriculture and crops;

Livelihoods; and

Valuation process and payment of compensation.

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iv) Prepare a database for recording and keeping track of grievances and how they were resolved. The

database shall be a ‘living’ document, updated weekly. Access to making entries into the database shall be

restricted to the implementation team, but a 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 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 and

communication ability. A flawed grievance process can disrupt the RAP process, leading to resentment and

dissatisfaction among affected communities. Depending on the GO’s experience, 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.

Other members of the committee are considered to have straight forward roles in grievance redress process,

similar to their usual job mandate, as outlined below:

Local Council III would provide counsel related to verification of identity of property ownership and

related citizenry complaints.

The District Land Surveyor will provide guidance on complaints related to property survey.

The valuer will guide about how property values are derived based on either market value or District

Compensation Rates.

The UNRA present positions representing the institutions view.

6.14.4 Specific Process for Addressing Valuation Grievances

6.14.4.1 Valuation

In addition to the overall management process for grievances (Figure 6.1), there are likely to be grievances

specifically related to property valuation. 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.

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6.14.4.2 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 compensation rates. Therefore, the Grievance Officer (GO) will determine

whether a complaint can be resolved by the committee or:

If not, the GO refers the complaint to the CGV.

CGV refers grievance to the valuer and surveyor. If no settlement is reached at this stage, the

aggrieved person can resort to judicial process.

If a complaint concerns the road contractor, the Grievance Officer refers such a complaint to UNRA

Management.

The Grievance Process to be followed is depicted in

Figure 6.1.1.

No

Yes

No

File grievance Communicate decision

Host Community Affected Residents

Grievances/issues

Response

Key:

No

Yes Is it resolved?

Local Leaders, UNRA, Construction Contractor,

Valuer

Grievance Database

Grievance Officer and

Independent Organization

Can it be

resolved?

Yes

Is it

resolved?

Grievance Committee,

UNRA

Can it be

resolved?

Managing Director UNRA

Yes

No

Courts of Law

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Figure 6.1 Grievance management mechanism

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7 INSTITUTIONAL FRAMEWORK

The main actors to be involved in carrying out resettlement and/or compensation as required in the upgrading of

Rukungiri – Kihihi – Ishasha/ Kanungu road are discussed below. The roles of the different institutions in RAP

implementation are presented in Table 7.

7.1 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 PAPs to

restore their livelihood. During RAP implementation, MoWT would mainly be involved in supervision and ensuring

compliance with policies of the transport sub-sector.

7.2 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT

The Chief Government Valuer in the Valuation Division in the Ministry of Lands, Housing and Urban

Development (MLHUD) will be responsible for approving the valuation roll. For fair and transparent compensation

all property valued are first inspected by the Chief Government Valuer.

7.3 UGANDA NATIONAL ROADS AUTHORITY

This RAP will be implemented by UNRA in conjunction with respective district local governments (Rukungiri and

Kanungu) 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 of UNRA through the Resident Engineer and appointed

consultant. 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. UNRA will make available financial resources necessary to meet compensation and resettlement

costs, as well as additional actions necessary to satisfy AfDB guidelines

7.4 RUKUNGIRI AND KANUNGU DISTRICT LOCAL GOVERNMENTS

Rukungiri and Kanungu, 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 LCV, LCIV, LCIII, LCII and LCI, respectively.

Local Councils are responsible for local policy matters, economic development, resolving local conflicts and

providing orderly leadership and democratic practices at the grass root level. In project-affected areas LCIs and

LCIIIs directly interact with the affected population and will thus be useful during identification of property owners

and resolving compensation grievances.

7.5 DISTRICT LAND BOARDS

District Land Boards in Kanungu and Rukungiri districts set compensation rates for crop and semi-permanent

structures. Therefore it is often important that RAP implementation involves participation of district land boards.

Kanungu and Rukungiri district land boards will have roles below:

Oversee appropriation of district land,

Facilitate registration and transfer of interests in land.

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Note that in performance of its functions, district land boards are independent of the Uganda Land Commission

but takes into account national and district council policy on land.

7.6 UGANDA LAND COMMISSION

The Uganda Land Commission holds and manages land in Uganda vested in or acquired by Government of

Uganda and would be involved where such land is affected by the proposed road project. Examples are cases

where land owned by Uganda Police (for example, at Ishasha) and Uganda Prisons (at Rukungiri) is affected.

7.7 NON-GOVERNMENT ORGANISATIONS

UNRA can identify local non-governmental organizations (NGOs) to provide implementation and monitoring of

resettlement activities. Examples include Rukungiri Development Agency (RUDA) whose key functional objective

goal is to contribute to improvement of the socio-economic status of marginalized groups in the rural

communities. It is also involved in training, HIV/AIDS awareness, adult literacy and environmental conservation.

In Kanungu district, involvement in RAP activities can be by Kanungu District NGO Forum. Contact with these

NGOs should be initiated by UNRA upon commencing RAP implementation. Aforementioned NGOs were

identified based on the following criteria:

Have god working relations in the project communities

Have appropriate staff

Are registered with NGO board

7.8 NATIONAL FORESTRY AUTHORITY (NFA)

All gazetted forests in Uganda are managed by NFA and Sector (District) Offices of this institution will be key

stakeholders in regard to loss of trees through three protected national forest reserves (Ihimbo and Rwengiri both

in Rukungiri District and Kaniabizo Forest Reserve in Kanungu District) besides private plantation forests.

Roles of above institutions are summarised in Table 7.1: .1. UNRA will maintain communication channels among

these institutions or from them to itself through its (UNRA’s) Land Acquisition Specialist.

Table 7.1: Institutional roles in RAP implementation

Agency Roles Capacity needs

1 Ministry of Lands, Housing and Urban Development

Chief Government Valuer (CGV) in the Valuation Division in this ministry will be responsible for approving the valuation roll. CGV inspects al affected property before granting final approval for compensation of affected assets. Will be important party in grievance redress.

This ministry has adequate capacity and institutional mandate.

2 Ministry of Works & Transport

During RAP implementation, MoWT would mainly be involved in supervision and ensuring compliance with policies of the transport sub-sector.

MoWT has adequate capacity and institutional mandate.

3 UNRA

As project proponent and implementation agency, UNRA is fully responsible for resource mobilization, supervising compensation payment and grievance management. Co-coordinating all agencies involved in in resettlement activities.

UNRA has capacity to execute its roles.

4 Rukungiri and Kanungu Local Councils will be important in identification of Will need financial support from

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Agency Roles Capacity needs

District Local Governments property owners, Resolving resettlement grievances,

UNRA.

5 District Land Boards and other relevant district offices

District Land Boards in Kanungu and Rukungiri districts set compensation rates for crop and semi-permanent structures and their involvement tin RAP implantation might not only entail explaining basis of the rates but also involvement tin resolving grievances associated with prevailing compensation rates. Oversee appropriation of district land, Facilitate registration and transfer of interests in land. Monitor implementation of resettlement Be part of Grievance Committee

Might need financial support from UNRA.

6 Uganda Land Commission (ULC)

Oversee appropriation of land owned by Government of Uganda e.g. Uganda Police land at Ishasha and Uganda Prisons land at Rukungiri.

ULC has capacity and regulatory mandate.

7 NGOs

Independent observe and monitoring of resettlement activities. Grievance resolution.

Might need financial support from UNRA.

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8 COMPENSATION AND RESETTLEMENT STRATEGY

8.1 KEY PRINCIPLES

Key principles that the proponent (UNRA) will commit to during resettlement are presented in Box 8.

Box 8: 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 AfBD standards. All physically or economically displaced people shall be adequately and equitably compensated. All PAPs preferred cash payments, however, 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, cash payment 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.

8.2 ELIGIBILITY FOR COMPENSATION

In resettlement terms, eligibility is defined as the criteria for qualification to receive benefits under a resettlement

program.

8.2.1 Census, Eligibility and Cut-Off Date

Property census and surveying were finalized on 30th June 2010 which therefore was taken as the cut-off date. The implication of this date is that properties erected or perennial crops planted after this day, which were not captured in the census exercise, are not 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 officials (LC5 level), LC 1 officials in which consultations were undertaken

Public facilities along the road are presented in Appendix 3 and any of these which would be affected by the road

project were valued and included among those eligible for compensation. Compensation would be given to

respective communities through local government structures or owners (in case of private schools) and

administrative structures in case of places of worship.

Affected persons irrespective of legality of their tenure status will be eligible for some form of assistance if they

occupied affected land before cut-off date. The following categories of people will be compensated:

Affected persons whose houses / structures are in the proposed road reserve.

Customary landowners whose plots are in the road reserve but excluding the existing carriageway of 10

meters

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Persons with perennial crops

People who hire or borrow land for cultivation

Registered landowners are eligible for compensation subject to the GOU easement on their registered

land in the road reserve.

Any other group of persons that has not been mentioned above but is entitled to compensation

according to the laws of Uganda and AfDB policies.

Public or community facilities such as churches, schools and water sources.

Note that persons who encroach the project area/ corridor after RAP surveys (census and valuation) will not be

eligible for compensation or resettlement assistance.

8.2.2 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:

Inspection of the structure to determine whether it is indeed habited or not;

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.

8.3 OVERVIEW OF ENTITLEMENTS

8.3.1 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 8.1, Box 8), 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.

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:

Orphans;

Disabled or terminally ill people (particularly people living with HIV/AIDS and other illnesses);

Second or third wives, particularly those where there is a risk that they will be abandoned by their

husbands after compensation;

The elderly;

Households whose heads are female and who live with limited resources.

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 of effecting compensation payments. Others

who were found terminally ill with AIDS and therefore vulnerable during field surveys might have passed on but

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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 (Appendix 6) should serve to inform RAP

implementation team to identify nature and state of prevailing vulnerability and accord special assistance

necessary.

8.3.2 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

councillors 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.

All PAPs 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 the 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 the 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, 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 the 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.

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8.4 VALUATION AND COMPENSATION LOSSES

8.4.1 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. Strip maps showing location of PAPs by road section or location and detail of type and

amount and value of assets (crops, trees, structures, dwelling houses, storage facilities, ancillary structures like

fences and latrines) are provided in a separate volume “Property Valuation Report” prepared by an independent

consultant. Reference should be made to this document for detail of PAPs and assets affected.

Under the Primary Entitlement Measures (Option 1), cash compensation will be provided, based on market value

and disturbance allowance of 30 percent. 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 affect 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 help them in obtaining title deeds.

8.4.2 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 percent 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 percent is suggested as a realistic proportion of potentially affected perennial crops.

PAPs will be paid 10 percent 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.

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.

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 the approved

district rates.

8.4.3 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 percent. In addition, a further payment is recommended to cover the increase

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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 the 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.

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 the households or business goods. In addition, for vulnerable

groups only, labour 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 the 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.

8.4.4 Compensation for Loss of Recreational Facilities

No community structures (school or place of worship) will be demolished. However schools and church

properties will lose small portions of land. If loss of land makes any community facilities unusable for their current

purpose, they will be replaced by UNRA.

8.4.5 Compensation for Loss of Graves or Cultural Sites

The Project will not directly affect any burial grounds or cultural sites. However, if households who lose

structures chose to relocate to a new village (likely to only be a very small number of households, if any), graves

on their current land plot will also need to be relocated. If graves are to be relocated, cash compensation will be

paid.

8.5 PAYMENT MODALITIES

8.5.1 Payment of bank charges

For households which 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.

Account opening charges might also entail costs associated with acquisition of identification documents or

recommendation documents from local councils and all these will be refunded by UNRA on a case-by-case

basis. UNRA is aware of the possible risk of squandering compensation payments made in cash. This however

will not preclude the choice of cash payment for PAP who so wishes.

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8.5.2 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.

8.5.3 Payment options

All PAPs will receive cash compensation in a lump sum before project implementation commences in line with

African Development Bank Policy which calls for full compensation prior to property demolition or displacement.

8.5.4 Notification of Compensation

Before receiving their compensation, each PAP will have had chance to view their entitlement. The household

entitlement will indicate details of their property valuation and compensation sum due, including the following:

Compensation amount approved by the Chief Government Valuer.

A description of methods used, including specifics of the valuation of structures, crops and land.

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.

Information regarding documents required to claim compensation (such as original documentation or

passport photos).

Upon receiving the individual entitlement matrix, the PAP must sign acceptance of their entitlement choices. In

addition, the claimant will be asked for identification.

In cases where landowners do not reside in project areas:

UNRA will check with caretakers on the land to establish contact detail of actual owners.

If this fails, UNRA will place advertisements in national papers or radios to inform these land owners

about their compensation entitlements.

a) Payment days: Dates 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 RAP disclosure.

Also during disclosure, women will be encouraged to accompany their spouses to payment stations if there is a

possibility of misuse of compensation payments by their husbands. Wherever practical for such couples, UNRA

will seek to know the proposed plan for use of compensation payments and provide appropriate advice.

If a PAP misses their respective “Village Payment Days” – the PAP should make special arrangements with

respective LC1s to collect their payment. However, every effort will be made by the Project to ensure that

households are available on allocated payment days.

b) Location: Disbursements will be handed out at a local bank (“Disbursement Location”).

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c) Who shall be present at payment location: At least three of the following representatives will present at the

location of disbursement:

UNRA representative

Representatives of the local administration

A representative of the district administration

d) Tracking payment: To track payments, photographs of all PAPs will be taken, which will be entered into the

compensation log.

e) Payment: UNRA will provide full upfront payment before commencing construction of the proposed.

f) Exceptional situations:

Deceased Owners: The heir or representative of the deceased appointed by the Administrator General

will receive compensation on behalf of a deceased person. During RAP disclosure, PAPs will be

informed of documentation required for this purpose.

Joint Owners: Before compensation is done to one of joint owners, a signed letter must be presented

showing that the other parties have authorised the said person to receive payment on their behalf.

Disputed Ownership: In case of property disputes, ownership of a property has to be verified by a letter

from the local village council (LC I). 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. Modalities and processes for resolving such disputes are already in place within the local

government administration system. If these free structures fail, a person resorts to the courts of law.

8.5.5 Mutation of Compensated Land

Upon payment, Mutation Forms will be filled and Letters of Surrender issued to title deed holders. Land

compensated by the project will be mutated from title deeds and ownership reverts to UNRA as a road reserve. A

summary of entitlement matrix is shown in Table 8.1.

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14

Table 8.1

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14


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69

Table 1.3: 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

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 than 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.

UgShs/ trip

UgShs/ business

Businesses who move to adjacent land Owners

Tenants

Transport assistance to move business

goods.

UgShs/ business

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70

Impact Description Entitled Compensation Measure Unit

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

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

Lease

Freehold

Government

Cash compensation

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

Lease

Freehold

Government

Cash compensation

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


business

Owner, vulnerable Cash compensation


business

Tenant Disturbance allowance

Temporary structure (e.g. pit latrine, fence etc) Owner Cash compensation

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8.6 IMPLEMENTATION ARRANGEMENTS

8.6.1 RAP Implementation Unit

Before road works commence, affected people will be fully compensated before taking their land or demolishing

structures. RAP implementation will be a responsibility of UNRA, which may hire an independent consultant. This

consultant will constitute a RAP implementation unit (Figure 8) implement which will, at a minimum, comprise the

following:

Land surveyor

Property Valuer

Accountant

Sociologist

Legal officer

Districts political leadership may be involved mainly serving as witnesses to the RAP implementation process. A

technical representative, preferably from the District Land Office or Social Development Office will be useful in

providing on-the-spot technical answers to PAPs, at the payment desk, when necessary.

Figure 8.1 Proposed RAP implementation unit

Before resettlement, the entities will be responsible for planning implementation of the RAP, communicating

compensation measures identified in the RAP to PAPs (disclosure of entitlements) and dealing with day-to-day

Implementation

Advisory Unit

• UNRA representatives

• Local Council Leaders (LC 3 chairpersons, Sub-county chief, Sub-county Accountant)

• Valuer

• Rukungiri & Kanungu District Local Governments Core Unit

• Implementation Team

•Managing Director (1)

•Valuers

Senior Management Unit

Includes senior representatives from

UNRA, Valuer and District officials

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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activities associated RAP implementation. Throughout and after RAP implementation UNRA and AfDB will be

responsible for monitoring and evaluation activities.

Activities below are anticipated prior to implementing resettlement that is a subject of this RAP:

Verification of valuation roster by CGV’s office

Approval of valuation roster by CGV

Disclosure of valuation results to PAPs by UNRA

Procurement by UNRA of RAP implementation consultant

Issuance of notice on commencing payment and land acquisition

Payment of affected persons who are expected to vacate affected property at expiry of notice period

Commencement of project implementation.

8.6.2 Implementation Schedule

The RAP implementation schedule is proposed over a period of 12 months during which monitoring would be

undertaken throughout road construction and for two years post-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 will

continue throughout road construction. The implementation schedule (Table 8.2) covers all resettlement activities

from preparation through implementation, including target dates for achievement of expected benefits.

Table 8.2: RAP Implementation schedule

Months

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

RAP approval

RAP disclosure

Grievances

management

Compensation payment

RAP monitoring

RAP completion audit

Note: “---“ indicates continuous activity. Grievances are expected to arise any time from disclosure through payment, construction and

beyond (during monitoring and evaluation). They should thus be treated as such during RAP implementation.

8.7 RESETTLEMENT BUDGET

Compensation and resettlement budget (Table 8.3) was based on valuation surveyor’s computations of value of

affected land, structures as required by Uganda’s Chief Government Valuer. In this, RAP implementation costs

have also been added to asset valuations to derive overall RAP budget that entails both resettlement and

implementation. The number of vulnerable groups per district, the corresponding type of vulnerability and gender

are presented in Table 8.4.

For a total land compensation of UgShs 518,526,616 average cost per acre is UgShs 3.4 million along project

affected areas in Rukungiri District while for a total land compensation of UgShs 899,149,412 average cost per

acre is UgShs 3.6 million along project affected areas in Kanungu District.

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Table 8.3: Affected villages, number of PAPs and resettlement cost

Sub-county Number of

villages

Number of PAPs

Cost in Uganda Shillings

Cost for land

Buildings & other improvements

Cost for crops & trees

Cost for graves 15% disturbance allowance

Total cost (shs)

RUKUNGIRI District (number of PAPs and resettlement cost)

Rukungiri Town Council

02 47 186,968,957 25,847,685 16,643,400 - 34,419,006 263,879,048

Kagunga 02 61 28,066,790 124,584,360 15,523,500 300,000 25,271,198 193,745,848

Rujumbura 01 53 31,444,295 103,200,300 19,313,000 600,000 23,183,639 177,741,234

Nyakagyeme 03 111 80,553,419 244,869,995 26,110,500 - 52,730,087 404,264,001

Bugangari 10 419 124,667,048 486,847,400 154,047,000 400,000 114,894,217 880,855,665

Bwambara 10 380 66,826,107 328,034,208 51,260,800 - 66,918,167 513,039,282

TOTAL 28 1071 518,526,616 1,313,383,948 282,898,200 1,300,000 317,416,315 2,433,525,079

KANUNGU District (number of PAPs and resettlement cost)

Nyamirama 08 348 47,240,301 126,854,000 35,372,500 - 31,420,020 240,886,821

Kihihi 11 176 71,056,692 174,060,663 47,243,000 1,600,000 44,094,053 338,054,408


04 97 186,787,135 749,204,510 7,310,050 1,000,000 141,645,254 1,085,946,949

Kirima 04 342 177,985,873 823,572,575 45,940,300 2,500,000 157,499,812 1,207,498,560

Kanyantorogo 05 384 98,754,382 1,199,291,223 52,311,000 2,200,000 202,883,491 1,555,440,096

Kihihi Town Council 20 550 317,325,029 412,966,267 52,000,500 600,000 117,433,769 900,325,565

Totals 52 1897 899,149,412 3,485,949,238 240,177,350 7,900,000 694,976,400 5,328,152,400

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Table 8.4: Number of vulnerable persons by district, type of vulnerability, gender and property to be lost

Vulnerability Gender Total Property to be lost

Male Female Crops & Trees

Buildings and Other

Improvements

Land

Kanungu

HIV/AIDS 1 1 1 1

Handicapped 3 3 1 3

Terminal illness 4 4 2 4

Mental illness 2 2 2 1 2

Elderly 6 6 4 3 6

Elderly & Widower 1 1 1 1 1

HIV/AIDS and female headed

2 2 2 1 2

Rukungiri

Mental illness & widowed 1 1 1 1

Mental illness & HIV/AIDS 1 1 1 1 1

HIV/AIDS 4 1 5 4 3 5

HIV/AIDS & widowed 1 1 1 1

Handicapped & elderly 1 1 1

Terminal illness 3 3 1 3 3

Deaf & widower 1 1 1 1

8.8 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:

i) Coordinating and planning to payment of cash compensation (for those who have chosen Option 1)

ii) Coordinating with the construction contractors on scheduling the move (for those who have chosen

Option 2).

iii) Organizing and implementing non-cash compensation measures such as assistance to move etc.

iv) Sensitizing the Contractors about the resettlement process and setting up mutually acceptable clear

guidelines on do’s and don’ts.

v) Consultation with the community on a regular basis.

vi) Establishing a resettlement database, to be regularly updated and accessible by the community.

vii) Verifying functionality of utilities in houses with home owners (for those who have chosen Option 2).

viii) 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.

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8.9 PAYMENT PROCEDURE

8.9.1 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 total cash compensation payable.

v) Information on the grievance procedure.

vi) Information regarding documents required to claim compensation (such as original documentation or

passport photos).

vii) 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.

viii) 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 title deed landowners do not reside in the respective districts:

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

titled land owners about their entitlement to compensation.

8.9.2 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 should lodge a grievance.

b) Location: Compensation disbursements will be handed out at a local bank or any other one UNRA deems

ideal and safe.

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 be taken and entered into the

compensation log.

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e) Payment: 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 lump sum payment.

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.

8.9.3 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 will be paid in the same manner as for those choosing Option 1;

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.

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8.9.4 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.

8.10 FUTURE PUBLIC NOTICES

Implementation of the RAP will entail issuance of public notices to affected persons. These might be related to:

i) Payment dates and venues,

ii) Documentation required of PAPs for proof of identity or ownership of property,

iii) Due date PAPs are expected to vacate compensated properties/ assets to pave way for commencement of

road construction,

iv) Guidelines on reporting grievances.

v) Any others aspects related to land acquisition or project implementation.

vi) Summary of RAP report for disclosure purposes.

These notices shall be displayed in public places where readily accessible by PAPs and interested stakeholders,

such as:

i) Rukungiri District headquarters

ii) Kanungu District headquarters

iii) Offices of participating NGOs as selected by UNRA

iv) Sub-county offices below in Rukungiri District:

Rukungiri Municipal Council

Kagunga

Rujumbura

Nyakagyeme

Bugangari

Bwambara

v) Sub-county offices below in Kanungu District:

Nyamirama

Kihihi


Kirima

Kanyantorogo

Kihihi Town Council

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9 MONITORING, EVALUATION AND COMPLETION AUDIT

9.1 INTRODUCTION

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. The Framework includes a review of financial disbursements,

compensation complaints and grievance redress, adherence to compensation payment schedule, support of

vulnerable PAPs.

9.2 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:

Internal monitoring – undertaken by the implementation unit / Monitoring Officer;

External evaluations –by other national stakeholders.

9.3 INTERNAL MONITORING PROCESS

9.3.1 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 analyse 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 analyse 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.

b) After resettlement: Post resettlement monitoring should focus on rehabilitation issues and status on each of

the measures should be assessed, for example:

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Success level of restoration of livelihoods

Success level of restoration of assets

Efficiency and effectiveness of grievance redress mechanism.

9.3.2 Key Activities and Responsibilities

a) 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 9.1.1 above. The information

collected will be entered in an existing database at UNRA for further analysis and compilation into quarterly

reports.

b) On-going monitoring: The M & E Officer for each location will be in-charge of regular monitoring of the

implementation process. This will involve:

Feedback and inputs from the Implementation Officers.

Reviewing of the resettlement database.

Receiving reports from Grievance Officer and of the grievance database.

Receiving information from local representatives.

Direct consultation with the resettled community at each location.

c) 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.

d) 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:

Develop a set of criteria to identify vulnerable households.

Every three months visit vulnerable households to assess key needs/ issues (e.g. unemployment) with

the rehabilitation process.

Develop a plan to address these issues in conjunction with the members of the household.

9.4 EXTERNAL EVALUATION PROCESS

9.4.1 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 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 AfDB standards.

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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 9.1.

Table 9.1: Monitoring indicators during resettlement (quarterly basis)

Category Indicator

Disbursement of funds 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

9.4.2 Key activities and responsibilities

UNRA will liaise with relevant ministries 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 (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.

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9.4.3 RAP Completion Report

After completion of resettlement, a final report will be submitted by UNRA to AfDB prior to preparation of the

project implementation report. The report shall indicate effectiveness of project implementation and disbursement

of compensation payments, effectiveness of public 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.

9.4.4 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. 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 met in terms of:

Compensation for all impacts of all affected people?

Timely compensation and compliance with Uganda’s resettlement requirements?

Fairness and adequacy to mitigate social impacts?

Restoration of livelihoods?

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10 REFERENCES

1. African Development Bank, 2003. Involuntary Resettlement Policy. 2. African Development Bank, February 2004. African Development Bank Groups’ Policy on Environment 3. African Development Bank, 2001. Environmental and Social Assessment Procedures 4. African Development Bank, October 2003. Integrated Environmental Impact Assessment Guidelines 5. Constitution of Republic of Uganda, 1995. 6. Constitution of Republic of Uganda, 1995. 7. Crosby, Benjamin L. March 1992. "Stakeholder Analysis: A Vital Tool for Strategic Managers." Technical

Notes, no. 2. Washington, DC: Implementing Policy Change Project for the US Agency for International Development (USAID).

8. Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA). 9. GoU MoWT (2008), Roads Sub-Sector Gender Policy Statement. 10. GoU MoWT (2008), Roads Sub-Sector HIV/AIDS Policy Statement. 11. GoU MoWT (2008), Roads Sub-Sector Policy Statement for Occupational Health and Safety 12. IFC (Environment and Social Development Department) Resettlement Handbook 13. Ministry of Works, Transport & Communications (now MoWT) 1999: Sector Environmental Policy &

Management Assessment of FRSP Volume III: Road Sector EIA Guidelines. 14. National Environment Management Authority (NEMA), 1997: Environmental Impact Assessment Guidelines

for Uganda. 15. National Population and Housing Census, 2002, Uganda Bureau of Statistics. 16. Uganda Government, The Local Governments Act, 1997. 17. WHO, 2002. Environmental health in emergencies and disasters: a practical guide. 18. NUPIPU, 2007: Policy Brief on Mainstreaming and Operating the Disability policy in Government

Development Programs and Plans. 19. UNAPD, 2010: Publication of Selected Legal Provision in Domestic and International Laws on Physical

Accessibility. 20. African Development Bank 2003 “Involuntary Resettlement Policy”.

Agencies from which baseline socio-economic data was obtained:

Ministry of Local Government, MoLG (orphans and vulnerable children statistics, local administration mandate, structure and roles)

Uganda Bureau of Statistics, UBOS (general district statistics) Kanungu District Local Government (health statistics, literacy) Rukungiri District Local Government (health statistics, literacy)

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APPENDIX 1 RECORD OF CONSULTATION WITH AFFECTED PERSONS

This section provides a record of consultations with affected people. Questions and issues raised are presented verbatim to

retain, to the extent possible, exact message from affected people.

Meeting 1: National Forestry Authority (NFA)

Purpose of meeting: To obtain their views on road section through their Forest Reserves in Rukungiri and Kanungu District.

Date held & place: 17th June 2010,

National Forestry Authority (NFA) headquarters, Kampala Offices.

AWE consultants: Eng. Lammeck Kajubi – Team Leader

Faith Mugerwa, Sociologist.

Project introduction Eng. Kajubi introduced the project and purpose of the meeting. For acquaintance with the proposed

project route, maps and design drawings were studied by the respondent team.

Issues raised:

Potential impact on

the Forest Reserve as

a result of road

construction.

A Forest Reserve is an area of land designated, reserved/gazzetted by Act of Parliament for development of forests or tree growing activities. It can be an open land without forests on it or with forests. When the road is improved, there will be easier accessibility to the Forest and this is a positive impact on the side of forest Patrol. However, it is also disadvantageous because illegal dealers of timber would have an improved road to easily escape when pursued by forest rangers. Illegal activities in the forest would not only affect trees but also wildlife within Forest Reserves. To pro-actively prevent major adverse impacts during road construction, the developer should convene a meeting with NFA to agree terms and conditions of working through Forest Reserves.

Compensation for

forest produce

When a road project passes through a Forest reserve, NFA should be compensated for trees affected as valued and approved by the Chief Government Valuer. Any private forest owners are also eligible to similar compensation. The project proponent (UNRA) should also notify NFA of proposed activities so that there is sufficient preparation and time to harvest timber-worthy trees.

“Dos” and “Don’ts” of working in Forest Reserves.

Source of murram/

other road

construction materials

Unless there are no practical alternative sources, road construction materials (gravel or murram and aggregate) should not be quarried from any forest reserve. However, if there are no alternative sources, the contractor should pay for any gravel quarried from forest reserves since it is budgeted for in their contract. Contractors should restore any quarry sites opened up within forest reserves.

Camp site NFA discourages construction of workers camps in forest reserves.

Illegal timber harvest

in forest reserves

National Forestry and Tree Planting Act (2003) outlaws illegal harvest of timber in forest reserves. Contractors should therefore create this awareness among workers about activities such as illegal timber sawing for commercial purposes.

Erosive runoff Road construction activities and a paved surface after construction are both expected to increase surface runoff with attendant risk of excessive soil erosion and gulling in forest reserves where this erosive stormwater is discharged.

Dust and its socio-

economic impact

Road construction will generate dust from earthmoving operations affecting roadside businesses especially those selling foodstuff.

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Meeting 2: Uganda Wildlife Authority (UWA)

Purpose of meeting: To obtain their views on road section through Kigezi Wildlife Reserve adjoining Queen Elizabeth

National Park.

Date held & place: 15th June 2010,

Uganda Wildlife Authority (UWA) headquarters, Kampala Offices.

AWE consultants: Eng. Lammeck Kajubi – Team Leader

Faith Mugerwa, Sociologist.

Issues raised:

Potential impact on

wildlife and contractor

obligations

Kigezi Wildlife Reserve (KWR) is a buffer to Queen Elizabeth National Park. It is renowned for tree-climbing lions and “Nightjars”- medium-sized nocturnal or crepuscular birds which commonly roost on the road at night. These birds are therefore likely victims of (roadkill) of night-time vehicle movement.

To pro-actively prevent major adverse impacts during road construction, it should be a contractual requirement that upon award of contract, the contractor should convene a meeting with UWA to agree terms and conditions of working in a conservation area.

Uganda Wildlife Act (Cap 200) is clear on illegal killing of wildlife. While one can argue to have done such killing in self-defense, proving this is often difficult. Therefore to avoid such situations, it is highly recommended that contractors work with, and follow UWA guidelines. For example, to protect road workers from wildlife, UWA can provide rangers.

Source of murram/

other road

construction materials

Unless there are no practical alternative sources, road construction materials (gravel or murram and aggregate) should not be quarried from Kigezi Wildlife Reserve. However, if alternative sources cannot be proven, the contractor can obtain materials from the wildlife reserve but not free of cost! - they will pay for them because, being the largest input of any road project, a sufficient budget is obviously provided for in bills of quantities.

A key aspect which should be a contractual obligation for the contractor is restoration of quarry sites if any are opened up in the conservation area. The contract should have provision to withhold from contractor’s payment all funds necessary for full site restoration in case he defaulted on this obligation.

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Land take or

severance of Kigezi

Wildlife Reserve

Severance:

In the proposed design, the road section approaching Ishasha town is within Kigezi Wildlife Reserve, hence severing a portion of land (shaded area) from the rest of the conservation area. With assistance of UWA, the road design engineers should establish size of this severed area to determine if it could be forfeited or big enough to warrant moving the road outside KWR.

Design modification after this meeting:

After this meeting with UWA, the design engineers modified orientation of the road to pass outside Kigezi Wildlife Reserve.

Ishasha town

QENP Park

Kigezi

Wildlife

Reserve

Existing road Proposed road

Area (shaded) of

KWR severed from

rest of reserve by

new road

Trench to cut

off wildlife

ingress into

community

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Meeting 3: Roadside traders at Kashenyi Market, Bugangli Sub-county

TRADERS AT KASHENYI MARKET

Market Officials Name Designation

1. Mr. Balikuddembe Habibu 2. Mr. Tushabomer John 3. Mrs. Ninsiima Mugumya 4. Mr. Mugarura Julius 5. Ngabirano Leopold 6. Monica Tumushabe 7. Tujumurwe Onesmus

Chairperson 0782622319

Date held & place: 19TH May , 2010 at Kashenyi Market, Bugangli Sub-county

Purpose of meeting: To explain rehabilitation of Rukungiri-Kihihi road project and seek views of trader’s views on

potential impacts and compensation issues.

Present: - Eng. Kalibala Hebert (AWE) Team leader

- Amina Kyabangi- (AWE), Sociologist

Issues raised and their responses

1. Issue on the

rehabilitation of the

road project

Traders: Although the market is a long Kashenyi trading centre, it follows on Rwebale village

and is managed by the LC.I. It opens every Monday of the week and attracts traders from as

far as 10km away. Won’t construction of the road cut off community from one side of the

road?

Traders: On market days, traders spread their merchandise up to the road because the

market has no permanent stalls. This blocks traffic and sometimes causes accidents. This

should be considered during road development.

Traders: Welcomed the road project as long as compensation is done in a timely and fair

manner.

AWE: Explained that the process of compensation involves surveying and valuation and

asked traders to cooperate and divulge as much valid information to the surveying and

valuating teams as possible.

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Meeting 4: Transporters at Ishasha Boarder Post

TRANSPORTERS AT ISHASHA BOARDER POST

Consultation meeting

with transporters about

the rehabilitation of the

project road

Name Designation

Mr. Nzabambarirwa E

Kyebambe Siragi

Senyonjo Hamisi

Ndase Sulaiman

Kyakutwika John

- Vice Chairperson. LCI 0755041114

- Driver 0782912877

- Driver 0772674201

- Driver 0787003308

- Driver 0772488355

Date held & place: 21 May 2010; Ishasha Boarder, Kihihi Sub-county

Present: Amina Kyabangi (AWE), Sociologist

Issues raised and responses:

Issue on the rehabilitation

of the road project)

Transporters: Appreciation the Government’s effort to improve the national roads. However if

Ugandan roads are compared to Kenya and Rwanda roads, the quality of the roads in Uganda is

still poor.

Transporters: We see regional imbalance in road rehabilitation, for instance in the Eastern region

if Musita-Namajingo- Majange and Jinja- Kamuli-Bukungu- Gulu, these would be useful links to the

region.

RECOMMENDATION: UNRA and the Supervising Consultant should ensure that Contracts give

us value for money.

FARMING COMMUNITY AT NYAKASHURE TRADING CENTRE

Consultation meeting

with Farmers about the

rehabilitation of the

project road

Name Designation

Twongyeirwe Elly

Kamwesiga Herbert

Musiimentabenia

Nahabwe Bosco

Tumwesigye Sepriano

Kabamanura R

- Vice Chairperson. LCI 0777168139

- Farmer

- Farmer 0787582122

- Farmer 0784152713

- Farmer 0755425227

- Farmer 0779802340

Date held & place: 20 May 2010; Nyakashuri Trading Centre

Present: Amina Kyabangi (AWE), Sociologist

Issues raised and responses:

Issue on the rehabilitation

of the road project)

Farmers: Appreciated Government interest to rehabilitate the road. They needed firm commitment

to have fair compensation for fruit trees because they are income generating plants.

Farmers: There is no safe water source for the community at Nyakasuri trading centre. Karoni

stream is the only source used for both livestock and human beings.

RECOMMENDATION: Involve farmer groups during establishment of crop compensation rates for

fair rates in terms of time, market price and costs invested.

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Meeting 5: Affected community at Ishasha boarder post

Mr. Nzabambarurwa.E, Vice Chairperson L.C.I Ishasha Boarder Post,Tel: 075-5041114,

Mr.Tukamuhabwa, Director, Kakirago Light Primary School, Bugangali Sub-county. Tel: 0782930002

Mrs. Nsime Perepetwa, Teacher, Zendeiri Day & Boarding School, Kihihi Sub-county,Tel: 0773744735

Purpose of consultation: To obtain key social problems.

Mr. Nzabambarurwa informed consultant team that Ishasha is not only a boarder point but also a trading centre and there is

a market every Thursday of the week. The market is managed by Kihihi Sub-county and major commodities sold are food

stuffs, livestock and general merchandise.

Mr. Tukamuhabwa noted that local communities needed the road more than anything else, but compensation rates should

be fair enough to enable affected property owners to replace their assets.

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Meeting 6: Rukungiri District Administration

Purpose of meeting: To obtain their views on the proposed project.

Date held & place: 26th April 2010 held at District headquarters (Rukungiri District).

Present: Kalibbala Herbert, (Team leader)

Kagga Amina, Sociologist

Seryazi Lamek Sociologist

Faith Mugerwa, Sociologist (AWE)

Issues raised:

On sensitization The project affected persons should be sensitized on the mode of compensation to avoid complaints during resettlement process.

They should also be sensitized about negative consequences of proposed development such as potential for spread of HIV/AIDS and other sexually transmitted diseases.

On timing of

compensation and

project start

Government should compensate project affected persons before the project starts.

Participation in

resettlement activities

Local leaders and relevant offices (e.g. District Land Board, Community Development, etc) can be useful when involved in implementation and monitoring of resettlement activities and grievance resolution. This however might require some logistical support from UNRA in form of financial facilitation or transport, as situations may demand. There also some local NGOs which can be utilized in disseminating information about resettlement process and resolving grievances since they have cultivated a relationship of trust with local communities.

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Meeting 7: Kanungu District Administration


Date held & place: 29th April, 2010 held at District headquarters. (Kanungu District).

Present: Kalibbala Herbert (Team leader)

Kagga Amina, sociologist

Seryazi Lamek, Sociologist


Issues raised:

On sensitization The project affected persons should be sensitized on the mode of compensation to avoid complaints during resettlement process.

They should also be sensitized about negative consequences of proposed development such as potential for spread of HIV/AIDS and other sexually transmitted diseases.

On timing of compensation Government should compensate project affected persons before the project starts.

Participation in


Local leaders or relevant offices such as the Land Board or Community Development may be useful for monitoring of resettlement activities. The District Land Board sets compensation rates and should be part of grievance committee(s) to explain rationale for rates used in this resettlement plan in case of ant complaints.

Participation of civil society

in monitoring of


Kanungu NGO Forum or other NGO UNRA can identify would be useful in monitoring resettlement, resolving grievances and sensitizing affected people on responsible use of their compensation packages, if UNRA needed this done.

On capability of mentioned

parties in RAP monitoring

The District has technical capability to execute its roles but financial assistance might be required from time to time. NGOs might require some logistical support e.g. transport and financial facilitation from UNRA.

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Meeting 8: Community meeting (Kakabada and Kiyaga cells)


Date held & place: 4th May, 2010 for the Villages of Kakabada and Kiyaga cells held at Bwoma trading centre.

Present: Seryazi Lamek Sociologist


Issues raised:

On land Q: Will Government pay for only land and leave out other property i.e. (buildings, crops) on it?

A: No, Government pays for land, structures and crops affected by the project.

Q: How does government compensate for a farm with cattle?

A: The land owner is compensated for the land and is expected to buy land elsewhere to rear his cattle.

Q: If ones land is affected by the road project before the land title is transferred in his names. How does the government deal with this?

A: The buyer has to transfer land into their names first before compensation is done.

Most of the customary land that is bought, negotiation is done between the seller and the buyer with the LC’s approval. Is this honored by the government?

Yes.

On “injurious impacts” During road construction, there are some houses that will be affected by the project when initially they were not considered to be within the affected property. Will government also consider such?

Yes, Government considers compensation for such houses.

On compensation After compensation, how much time is given for the project Affected people to leave?

The law provides for 3 or 6 months.

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Meeting 9: Community meeting (Kabwire and Nyamabare cells)


Date held & place: 4th May, 2010 for the Villages of Kabwire cell and Nyamabare held at Rukondo church of

Uganda.

Present: Seryazi Lamek, Sociologist


Issues raised:

On land Q: If land is divided amongst family members, whom does the government compensate?

A: The rightful owners will be compensated and this is normally done with a written agreement witnessed by local leaders.

Q: If one’s land is affected by the road project before a land title deed is transferred in his names, how does the government deal with this situation?

A: The buyer will have to transfer land into their names first before compensation is effected.

Q: Does government compensate titled land the same way as one without?

A: No.

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Meeting 10: Focus group women meeting (Kabwire and Nyamabare cells)


Date held & place: 4th May, 2010 for the Villages of Kabwire cell and Nyamabare held at Rukondo church of

Uganda (Focus group for the women)



Issues raised:

On compensation Q: If the woman is the rightful owner of property (i.e. trees, house) on land but the land belongs to husband, who does government compensate?

A: The woman will be compensated for her property (i.e. trees, house) and the man for his land.

Q: If a family abandoned by its husband is affected by the road, whom does the government compensate?

A: In such circumstances, the Land Act provides that the alienated woman is supposed to get compensation.

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Meeting 11: Community meeting (Munyeganyegye, Nyabugando and Kashenyi cells)


Date held & place: 4th May, 2010 for the Villages of Munyeganyegye, Nyabugando and Kashenyi held at

Nyabugando trading centre.



Issues raised:

On land Q: If one has a stone and it lies within the affected land, does the government compensate it?

A: What socio-economic or cultural value is that stone? If worthless, no.

On compensation Q: How does government compensate a house with rooms that are owned by different people?

A: Government will then compensate affected persons individually.

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Meeting 12: Community meeting (Rweibare and Kashenyi cells)


Date held & place: 5th May, 2010 for the Villages of Rweibare and Kashenyi held at Kashenyi trading centre.



Issues raised:

On Project Q: After the house has been demolished, is it possible for someone to salvage materials from demolished structures?

A: Yes

On Compensation Q: If a family is neglected by the husband and it so happens that the children and the wife are affected by the road, who is compensated?

A: With the help of the local leaders the woman is supposed get that money so that she can buy land locate elsewhere with her family.

Q: If ones house has been affected half way, does the government compensate the whole of it?

A: Yes

On Land Q: After measuring the 15m road reserve, is one free to build in the remaining land?

A: Yes

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Meeting 13: Community meeting


Date held & place: 5th May, 2010 for the Villages of Kacirago 1 and 2, held at Ranyamunyu trading centre.



Issues raised:

On Land Q: There are some people who do not have land elsewhere. How will government help them?

A: After compensation, the affected person is expected to look for land elsewhere using their cash compensation.

On project Q: When is the project starting?

A: Construction should commence in November, according to current plans.

On Compensation Q: If PAPs does not have any of the documents that prove property ownership, how does government compensate them?

A: Government requires all the project affected persons to get identification and also open up a bank account before the compensation starts.

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Date held & place: 5th May , 2010 for the Villages of Rwibumba, Nyamirama and Kibalama held at Campbell



Issues raised:

On project Q: When is the actual road construction project starting?

A: Likely to be November 2010. .

On Compensation Q: Does government allow one to open up a bank account anywhere?

A: Yes, one can open up an account in any bank.

Q: Does government compensate for earth graves?

A: Yes.

Q: Will government compensate before the project starts?

A: Yes.

On Employment Q: Will there be some employment for local people when the actual road construction starts?

A: The leaders can seek employment from the contractors for their people who are willing and able to work.

On Environment Will government protect water sources during road construction because that is where our livestock get water for drinking?

All watercourses will be protected during the road construction.

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Date held & place: 7th May, 2010 for the Villages of Nyamitoma 1 & 2 Nyakatunguru held at Omuburama

Primary School.



Issues raised:

On Compensation Q: Why does the district decide on prices of crops?

A: It is a government policy for every district land board to determine and develop its compensation rates.

Q: If one’s affected land has a quarry, does the government compensate it?

A: Yes, all affected property will be affected.

Q: Does the government compensate for young crops?

A: Yes, for as long as they are perennial crops, government compensates for them.

Q: If one has bricks, culverts and machines on their land does government also compensate them?

A: No, government will not compensate for any movable property, if they are not destroyed by the road project.

Q: Who owns trees that might grow back in the road reserve?

A: UNRA will keep the road reserve clear of trees that might be dangerous to traffic.

Q: When the project takes a new alignment, will the affected persons be fully compensated?

A: Yes.

On compensation for

utilities

Q: Will government compensate for water pipes that might be damaged during road construction?

A: It is a duty of the contractor to reinstate all utilities that will be damaged during road construction.

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Date held & place: 7th May, 2010 for the Villages of Mironzi 1&2 Karyamacumu held at Omukarere Trading

centre.



Issues raised:

On Compensation Q: How will government help vulnerable who do not know about bank procedures?

A: Local leaders or relatives can help these people.

Q: Land prices may rise after property valuation, will government consider this when deriving compensation sums ?

A: Compensation will be based on market prices and there is a professional way this is done.

Q: Does government compensate for land without any property?

A: Yes.

Q: Will eviction from the affected land be done only after affected people get compensation?

A: Yes.

On compensation eligibility

Q: After learning about the project and later one builds a house in the road reserve will they be compensated?

A: The government only compensates for the property that has been surveyed and valued, after the cutoff date, no new property that wasn’t part of the census would be eligible for compensation.

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Date held & place: 7th May, 2010 for the Villages of Kikongi held at Kikongi Trading centre.



Issues raised:

On Compensation Q: Will government compensate for only the 30-meter corridor or even other property inadvertently damaged?

A: Inadvertent damage to property will be compensated by the contractor. All such cases should trigger the grievance mechanism earlier explained.

Q: If one had been expecting to get income from their trees over a period of time, Will the government consider this?

A: No, Uganda laws do not consider income restoration. They provide compensation for the trees in their current state.

Q: Normally government delays to compensate for the affected property. If the prices go up, would government revise property values?

A: No significant delays are anticipated on this project.

Q: Who determines the prices of the land?

A: The property valuers.

Q: If land belongs to more than one person. Does the government compensate all of them?

A: Yes.

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Date held & place: 7th May, 2010 for the Villages of Rushararazi, Nyakarama held at Kidubure Trading

centre.

Present: Seryazi Lamek, Sociologist.


Issues raised:

On Land

Q: Is land without any structures eligible for compensation?

A: Yes.

On Compensation Q: Should one continue building a house where the road is assumed to pass?

A: If a structure under construction has been surveyed and valued, its value is frozen in time! Remember that any other additions that would increase its value would not have been captured during valuations, so such a developer will lose money in construction activities after valuation.

Q: If one has 5acres and 2 acres are affected will the 2 acres be compensated?

A: Yes.

Q: If one has young trees and had planned to get income from them over a period of time will government consider this?

A: No, existing compensation laws do not provide for income restoration, only replacement value.

On assistance provided by

local leaders (LCs) during

resettlement

Q: Will there be a small allowance given to LC’s if they assist during resettlement and project implementation?

A: This question will be documented for UNRA’s attention.

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Date held & place: 10th May, 2010 for the Villages of Nyamirama, Mukishala Kaniabizo held at Ntungu

Parish.



Issues raised:

On Land

Q: If one has affected land in more than one village, does the government compensate all of it?

A: Yes.

Q: Will land off the existing alignment be fully paid?

A: Yes.

On the project Q: If water mains get damaged break during road construction, will government compensate this?

A: It will be a duty of the contractor to ensure no utilities are damaged during road works and if they are, s(he) would pay for their restoration.

On Compensation Q: Suppose the house owner and land owner are different. Who is be compensated?

A: Government compensates both after valuing their property.

Q: Should project affected person specify the name of the village where they stay?

A: Yes

Q: If a family is neglected by the husband and it so happens that the children and the wife are affected by the road, who is compensated?

A: Through the local leaders, the wife should be compensated so that she can locate with her family.

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Date held & place: 10th May, 2010 for the Villages of Kazindiro, Nyakatooma, Karoni, Kagunga held at

Nyamirama Sub-county headquarters.



Issues raised:

On the project Q: Would government repair water pipes damaged by road works break?

A: This will be a responsibility of the contractor.

On identification

documents

Q: If a person has nickname on the voter’s card should it also be used in the bank when opening a bank account?

A: One is advised to ensure consistency in names used on documents tendered as proof of property ownership.

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Date held & place: 10th May, 2010 for the Villages Samalia 1 & 2 held at Samalia Trading centre.



Issues raised:

On Land Q: Will government compensate for only land?

A: All affected land and property will be valued and paid for.

On Compensation Q: If one has eucalyptus trees and they hope to gain from them over a period of time, how will government compensate?

A: Existing Uganda compensation laws do not provide for I income restoration- payments are made for property “as is”.

Q: Does government compensate for young crops?

A: Yes, for as long as they are perennial crops.

Q: Why doesn’t the government compensate for annual crops?

A: because Government gives enough time for the farmers to harvest their crops.

Q: If there is a house on the affected land that has been neglected for a long time, does the government compensate for it?

A: Yes- based on its market value.

Q: If one has property on a piece of land that belongs to someone else, whom does the government compensate?

A: The land and the property owner are compensated differently.

Q: If a wife has been neglected by her husband for a long time and she is staying with the children in the house that is affected. Who is compensated?

A: With the help of the local leaders the woman is supposed get that money so that she can relocate with her family.

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Date held & place: 11th May, 2010 for the Villages Kihihi, Kazinga, Kashoza at Kashojwa Church of Uganda

(C.O.U)



Issues raised:

On Compensation Q: Why do districts decide on compensation prices of crops?

A: It is government policy for every district to determine its compensation rates.

Q: Does government compensate for trees?

A: Yes.

Q: Does government compensate people who will be affected the new road alignment?

A: Yes.

Q: If government property like schools falls within the affected land, who is compensated?

A: The government has tried to avoid this but in case it happens, government does not compensate government.

Q: How does Government compensate project affected persons who have no bank accounts?

A: There will be choice for cash payment or deposit of compensation payment into a bank account.

On project

commencement

Q: When will the project start?

A: Construction will commence in November 2010.

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Date held & place: 11th May, 2010 for the Villages Kabuga, Ruyayu, Kihihi, Rutwe, Bugongo at Town

Council Hall.



Issues raised:

On Compensation

Q: If one fails to buy land with the money that they have obtained from compensation, what would government do?

A: Valuation is done in a way that it ensures affected persons receive sufficient payment to replace their assets.

Q: Who determines property compensation price?

A: The District Land Board.

Q: Is valuation and compensation done at the same time?

A: No, it is valuation of property first then compensation later.

Q: If my house is near the road reserve why doesn’t the government compensate me?

A: The road reserve is different from a carriageway where vehicles move. If property is not affected by the road project, there is no eligibility for compensation

Q: If the affected person is not around, how does the government compensate them?

A: Government will require everyone who is affected by the road to get their money in person.

On graves Q: If someone died 40 years ago, is it possible to get that body and rebury it?

A: Yes, graves can be moved.

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Date held & place: 11th May, 2010 for the villages of Bugongo, Nyakatunguru, Nyamwegabira,

Kikundabukama, Rushenyi at Nyamwegabira Primary School.



Issues raised:

On Project

Q: When is the road construction likely to start?

A: November 2010.

On Compensation Q: Does government compensate for customary land?

A: Yes.

Q: Is customary land and titled land compensated the same way?

A: No.

Q: Does the government compensate for young perennial crops?

A: Yes.

Q: Why does the government pay 20million shillings and above by EFT and not cash?

A: It is a government policy to reduce on crime and money laundering.

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Date held & place: 12th May, 2010 for the Villages Kyeijnga, at Kyeijanga Trading centre



Issues raised:

On Compensation Q: Will government compensate both land and structures on it?

A: Yes.

Q: Will government compensate for property before actual road construction starts?

A: Yes.

Q: In case of compensation, can the next of kin sign?

A: If there is a document relegating that responsibility to next of kin, then it is possible.

Q: If property is destroyed during road construction and yet it was not part of those surveyed and valued affected, will government pay for it?

A: Yes.

On land Q: If one’s house is taken by the road reserve, can one build another house nearby if there is sufficient land available?

A: Yes

Q: Do customary land and titled land have equal compensation value?

A: No.

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Date held & place: 12th May, 2010 for the Villages Kanyacendi, Nkamba at Kirima Sub-county



Issues raised:

On Compensation Q: Does the district work with Sub-county to determine the market prices for crops?

A: We hope so.

Q: Does government consider re-evaluation of property when it takes long to compensate affected people?

A: Normally government compensates the affected people before the actual road project starts but in case of any delay the RAP add valuation figures are revisited are reviewed.

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Date held & place: 12th May, 2010 for the Villages Rutooma, Bushura at Savannah Trading Centre



Issues raised:

On Compensation Q: Do graves have compensation rates?

A: Yes but earth and concrete graves differ in value.

Q: Will government compensate affected people before road construction starts?

A: Yes.

Q: If one dies before being compensated who gets the money?

A: The family has to get a relative approved by the Administrator General to be paid on behalf of the rest.

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Date held & place: 13th May, 2010 for the Villages Rugarama, Kitokye at Kishenyi C.O.U



Issues raised:

On Injurious impacts Q: During road construction, there may be buildings affected yet they were not among those eligible for valuation and compensation. Will government also consider them?

A: Yes, Government considers such incidental damage as eligible for compensation via a grievance process.

On Compensation Q: If a wife has been abandoned by her husband with the children in the house that is affected. Who is compensated?

A: The law (Land Act) provides for such spouses to get compensation.

Q: If property and land are owned by different people, how does the government compensate?

A: The land owner is compensated for the land and the property owner is compensated for property thereon.

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Date held & place: 13th May, 2010 for the Villages Kashanda, Kahama at Kanyantorogo Sub-county.



Issues raised:

On Compensation Q: Is it mandatory for one to get a bank account?

A: There is always choice for cash payment or through a bank.

Q: How does government determine compensation prices?

A: Every district land board is mandated to develop compensation rates.

Q: If one dies before compensation, how does the government compensate them?

A: The next of kin can claim compensation payment

Q: Will the money for the project affected persons be compensated at once?

A: Yes

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Date held & place: 14th May, 2010 for the Villages Ishasha at the Ishasha border



Issues raised:

On Compensation Q: Does the government compensate both the land and property/ structure thereon?

A: Yes.

Q: Why doesn’t government compensate for annual crops?

A: Government gives enough time for the people to harvest their crops.

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Date held & place: 14th May, 2010 for the Villages Itubura cell, Bwerebane, Nyakatare at Bwerebane trading

centre.



Issues raised:

On Compensation Q: If a woman was abandoned with children by her spouse. Is she eligible for compensation?

A: The law allows that, if no divorce took place.

Q: Does government compensate for graves?

A: Yes.

Q: When is the project starting?

A: Construction expected to commence in November .

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Date held & place: 14th May, 2010 for the Villages Mashenga, Kanungu, Kishamba at Mother care primary

school.



Issues raised:

On Compensation Q: Why does the district decide prices of crops?

A: It is a government policy for every district to determine its compensation rates.

Q: Does the government compensate for affected land without a title?

A: Yes.

On Land Q: If one’s land is 90% affected and the remaining parcel is such small that it is not useful for farming or settlement, how will government compensate for this?

A: The government will pay for all the land and the affected person relocated elsewhere.

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APPENDIX 2 SOCIAL SURVEY QUESTIONNAIRE

Rukungiri-Ishasha-Kanungu-Kihihi Road RAP, 2010

AFFECTED HOUSEHOLDS: SOCIO-ECONOMIC SURVEY FORM

Name of interviewer: _______________

Date of interview: ____/______/2010____ Village: _________________

Section 1: FAMILY INFORMATION

LO _________ Tenant ________ Licensee _________ Co-owner ______________

(Tick appropriate response)

Household Head________________________________________________ (Surname, First Name)

Photo Ref/House Number ___________________ Sex: _____________________

Date/Year of Birth: ___________ Age: ________ (exact/appropriate)

Where were you born? _________________ When did you come here? _________________

Are your parents alive? Yes/No If alive, which? ___________________________

Where do/did your parents live? ______________________________________________________

Identity-card/Graduated Tax/Other ID _________ Presented? Yes/No ID No _________________

Name on ID _________________ Address on ID ____________________

Marital status (tick appropriate response):

Single

Married

(No. of spouses): __

Divorced

Widowed

Tribe/Clan: ___________________________________________________

Village: _______________________________________________________

Main occupation of head of household: _____________________________

Where do you work? _____________________________________________

Other working persons in household:

Any other working person in household?:

Yes

No

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Main occupation: ________________________________________________

Where do you work? ______________________________________________

Religion:

Catholic

Protestant

Muslim

Other______________________

Is the affected plot a principal place of residence? (tick appropriate response)

Yes

No

HOUSEHOLD MEMBERS:

Household Member Full Name Year of Birth Residing on

Affected Land

(Yes/No)

Literacy

Level*/education

[see footprint below]

Spouse(s)

Children (Age 18+)

Children (Below 18)

Other Dependents

* Use these codes for literacy levels: 1. Illiterate 2. Can read and write 3: Completed Primary Education 4: Completed

Secondary Education 5: Completed University Education

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SECTION 2: HOUSEHOLD LAND HOLDINGS AND ASSETS

Agricultural Plots (Note: Land size and type and crop in valuation report)

Location

(Village)

Surface

(Acres)

Status of Occupation

(Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant

“COT”/Licensee “L”)

Agricultural Use (Crops

typically grown)

Affected

(Yes/No)

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

Residential Plots

Location

(Village)

Surface

(Acres)

Status of Occupation

(Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant


Structures on

Plot

Affected

(Yes/No)

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

O CO T COT L Y N

Structures (Note: details of structures are in the valuation report)

Location

(Village)

Construction materials

(Permanent “P”)/ Non-

Permanent “NP”)

Status of Occupation (Owner

“O”/Co-owner “CO”/Tenant “T”/Co-tenant


Condition Affected

(Yes/No)

P NP O CO T COT L Y N





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SECTION 3: LIVELIHOOD IN AFFECTED HOUSEHOLDS

Item Description Cash for year

2009

(Ug Shillings)

In kind*

e.g. Cow/Labor/Grain

Income from household enterprises

(Note: Together with a PAP, you can make calculations from a persons description of sold goods )

Crop farming

Other agricultural income (e.g. livestock, poultry)

Cattle

Pigs

Goats

Chicken

Other

Non-agricultural income

Property income

Rent received from rented property (land, housing)

Benefits

Family allowances/social security benefits

Remittances and assistance received from others

Other (inheritance, alimony, scholarships, etc)

Employment

Formal employment income

Fishing

Trading

Cultivation

Transport

Education

Leadership/administration

Other

Temporal status of employment

Fishing

Trading

Cultivation

Transport

Education

Leadership/administration

Other

TOTAL

____________

_____________

* Information about incomes:

Is all household income in cash or some barter for commodities or services done?

Do you have a bank account? Yes/No

If yes, where? (e.g. bank name, location, distance): __________________________

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SECTION 4: HEALTH & VULNERABILITY

Are there disabled or chronically ill people in the household? YES NO

If YES: Type of disability/illness:_______________________

Type of care required: ________________________

Number of births and deaths in the household over the last 12 months:

Births: ________________________

Deaths: _______________________ Cause: _________________

Has a child under age of 5 died in the household in last 3 years?, YES NO

If YES, Cause: _________________

What are the 3 commonest diseases that affect the family?

____________________________________

____________________________________

____________________________________

How much do you spend on treating the above commonest diseases? :________________

What is the nearest health facility known to the family? :________________

Is it actually used by the family? YES NO

If NO, why not?__________________________________

Do you practice family planning? YES NO

Have you heard of HIV/AIDS? YES NO

Do you know how HIV is contracted? YES NO (verify knowledge if correct response given)

Do you know how HIV is avoided? YES NO (verify knowledge if correct response given)

SECTION 5: WELFARE INDICATORS

(Tick appropriate response)

Does everyone in the household have atleast two sets of clothes? Yes No

Does anyone in the household own a radio? Yes No

Does anyone in the household own a mobile telephone? Yes No

Does anyone in the household own a fixed telephone? Yes No

Does the household own a bicycle? Yes No

Does the household have any other transport vehicle other than a bicycle?

If yes, what type of vehicle?_________________________________________________

Yes No

If someone in the household had a serious problem, is there anybody in this settlement that you could

ask assistance from?

Yes No

Where do you get drinking water from? (Tick appropriate response)

Communal borehole,

River

Lakeshore

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Distance from residence _________ metres

Do you fish: YES NO

If YES, where? ___________________ How often?_________________________

Do you hunt: YES NO

If YES, where? __________________________ How often?_________________________

What fuel do you use for lighting in the household?

Firewood

Gas

Charcoal

Solar

Kerosene

Biogas

Electricity

Other

What fuel do you use for cooking in the household?:

Firewood

Gas

Charcoal

Solar

Kerosene

Biogas

Electricity

Other

SECTION 6: EXPENDITURE PATTERNS

Rank the following items according to which you spend most money on per month (1= Most spent on; 7= least spent on)

Item Rank

School fees

Healthcare/medical expenses

Food

Clothing

Transport

Dependants

Rent

Authentication:

"I ……………………………………………………………………………………………… confirm that on this date I responded to questions

asked by………………………………………………regarding project. I can confirm that I am the head of household and own or have a right

to the land/property/crops discussed in the questionnaire".

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APPENDIX 3 PROPERTY VALUATION REPORT

The valuation report is presented as a separate volume.

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APPENDIX 4 PROJECT DISCLOSURE & SENSITIZATION RADIO

ANNOUNCEMENTS

RADIO ANNOUNCEMENT UGANDA NATIONAL ROADS AUTHORITY

UPGRADING OF RUKUNGIRI- KIHIHI- KANUNGU/ISHASHA ROAD TO BITUMINOUS STANDARD

The Uganda National Roads Authority has received funds from the Government of Uganda and intends to apply a portion of

the proceeds towards the cost of The National Road Development and Maintenance Plan (NRDMP). One the roads to be

upgraded to bituminous standard is RUKUNGIRI- KIHIHI- KANUNGU/ISHASHA ROAD. Therefore the Management of UNRA

wishes to notify project affected communities living within 15-metre width on either side of Rukungiri–Kihihi-

Kanungu/Ishasha Road, that exercises of Valuation of Property, Environmental & Social Impact Assessment and

Cadastral Surveying are on-going. In this regard, affected persons or communities are invited for meetings as indicated

below:

Rukungiri District radio announcement:

SUB-COUNTY VILLAGE/ CELL MEETING VENUE DATE TIME

Bugangari

(RUKUNGIRI DISTRICT)

Kashenyi & Rweibare Kashenyi Trading Centre Wednesday

05/05/2010

10:00 AM

Kacirago I, Kacirago II

& Runyamunyu

Runyamunyu Trading

Centre

Wednesday

05/05/2010

12:00 Noon

Rwibumba &

Nyamirama

Campbell Wednesday

05/05/2010

2:00 PM

Kibalama Kibalama Trading Centre Wednesday

05/05/2010

4:00 PM

Bwambara

(RUKUNGIRI DISTRICT)

Nyamitoma I,

Nyamitoma II &

Nyakatunguru

Omuburama Primary

School

Friday

07/05/2010

10:00 AM

Mironzi III,

Nyakatunguru,

Mironzi &

Karyamacumu

Omukarere Trading

Centre

Friday

07/05/2010

12:00 Noon

Kikongi & Nyakarama Kikongi Trading Centre Friday

07/05/2010

2:00 PM

Rushararazi Kidubure Trading Centre Friday

07/05/2010

4:00 PM

All local leaders in respective areas are requested to notify people living along the road to be available for these meeting

and also accord cooperation to the consultants.

Management

Uganda National Roads Authority (UNRA)

Kampala

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Kanungu District radio announcement:

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Kanungu District radio announcement:

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APPENDIX 5 STRIP MAPS OF PROPOSED PROJECT

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APPENDIX 6 VULNERABLE PEOPLE IDENTIFIED DURING RAP SURVEYS

Vulnerable people identified along Rukungiri and Kanungu road

Name Village Nature of vulnerability Assistance necessary

Kashillingi John Kiyaga Mental Illness/ Widower Deliver compensation payment and

involve next of kin

Provide financial advice on the

proper use and management of

compensation

Ndebesa Peninah Kiyaga Mental Illness and

HIV/AIDS/ Female headed

household (Widow)

Deliver compensation payment and

involve next of kin

Provide financial advice on the


compensation

Ndengire John Kiyaga Terminally ill with HIV/AIDS Deliver compensation payment to

her residence and provide advice on


compensation

Kamagambo Gaudy Kabwire Terminally ill with HIV/AIDS Deliver compensation payment to



compensation

Kemirembe Jane Rose Kabwire Terminally ill with HIV/AIDS/

Female-headed household

(Widow)

Deliver compensation payment to



compensation

Bekunda George Kabwire Terminally ill with HIV/AIDS Deliver compensation payment to



compensation

Kiyimba Ramathan Nyakatunga Diabetes/Elderly Provide advice on proper use and

management of compensation

Baram Kerem Nyakatunga Mental illness/ very poor Deliver compensation payment and

involve next of kin and provide

advice on proper use and


Twetegya Godard

Nyakatunga

Mental illness





Turyahebwa Behane Nyakatunga Heart problem/Elderly Provide advice on proper use and


Nkakagyeta Didas Nyakatunga Terminally ill with HIV/AIDS Deliver compensation payment and



management of

Nshwekere Felista Nyakatunga Terminally ill with HIV/AIDS Deliver compensation payment and



management of

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Tugume Francis Kagunga Polio Provide advice on proper use and


Ndemere Lawrence kagunga Polio Provide advice on proper use and


Taifa Julius Kagunga Epilepsy Provide advice on proper use and


Rwoboona George Kagunga Polio Provide advice on proper use and


Byarugaba Robert Karoni HIV aids/ Very Poor Provide advice on proper use and


Bebwa George Karoni Heart problem/Elderly Provide advice on proper use and


Tindimuzara Karoni Mental Illness Deliver compensation payment and




Turyagyenda James Karoni Terminally ill with HIV/AIDS Deliver compensation payment and




Tumuhimbise Nyamwegabira Heart problem/Elderly Provide advice on proper use and


Tukwasibwe Enoth Kinyansohera Mental Illness Deliver compensation payment and




Byarugaba Lansen Rugarama Diabetes/ widower Provide advice on proper use and


Nsengiyumva Josephine Nyamwegabira HIV/AIDS/ Female headed

household

Provide advice on proper use and


Buhe Florence Nyamabare Lame/ Elderly Provide advice on proper use and


Tigakanya Peninah Samaria Terminally ill with HIV/AIDS/

Female headed household





Nyanjwa Felestance Buyundo Mental Illness Deliver compensation payment and




Tusingirwe Rathaman Rusharararazi Terminal illness Deliver compensation payment and




Barijunaki Wilson Rusharararazi Terminal illness Deliver compensation payment and




Byekwaso Peter Nyamwegabira Terminal illness/Elderly Deliver compensation payment and



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Bakeine Smako Rugarama Terminal illness Deliver compensation payment and




Arinitwe Mathias Rushenyi Terminal illness Deliver compensation payment and




Kyalimpa Annania Karyamacumu Deaf/ widower Deliver compensation payment and




Rukongore Yokana Nyamabare Terminal illness Deliver compensation payment and




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APPENDIX 7 COPY OF DISTRICT COMPENSATION RATES UTILIZED

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APPENDIX 8 SNAG LIST

Based on field observations, potential difficulties or obstacles that may delay completion of the land acquisition

process are presented below.

Snag Recommended solution Responsible entity

1 Absentee property owners, whose full names

could not be ascertained by survey teams and

local authorities. This led to recording “single

names” in the valuation report.

During compensation payment,

RAP implementation consultant/

contractor should work closely with

local leaders and property

neighbors to verify rightful owners

UNRA,

Local village leaders

2 Registered land whose owners were reported

deceased but family members have not

effected legal transfer of custody.

If such PAPs are encountered

during compensation payment, RAP

implementation consultant should

work with local leaders and family

members to ensure that there are

no disputes about property

ownership.

UNRA,

Local village leaders

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