Upgrading of Kigumba-Masindi-Hoima-Kabwoya Road - African ...
Upgrading of Kigumba-Masindi-Hoima-Kabwoya Road - African ...
Upgrading of Kigumba-Masindi-Hoima-Kabwoya Road - African ...
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Prepared for:<br />
UGANDA NATIONAL ROADS AUTHORITY<br />
P. O. Box 28487, Kampala, Uganda.<br />
Plot 11, Yusuf Lule <strong>Road</strong>, Kampala<br />
By:<br />
AIR WATER EARTH (AWE) LTD<br />
Environmental, Civil Engineers & Project Management Consultants<br />
M1, Plot 27 Binayomba <strong>Road</strong>, Bugolobi<br />
P.O.Box 22428, Kampala, Uganda.<br />
T: 041-4268466, Mob: 078-2580480/ 077-2496451<br />
E: mail@awe-engineers.com<br />
W: www.awe-engineers.com<br />
AWE Engineers<br />
www.awe-engineers.com<br />
2222222222<br />
Republic <strong>of</strong> Uganda<br />
RESETTLEMENT ACTION PLAN (RAP)<br />
OF PROPOSED UPGRADING OF<br />
<strong>Kigumba</strong>-<strong>Masindi</strong>-<strong>Hoima</strong>-<br />
<strong>Kabwoya</strong> ROAD TO BITUMINOUS<br />
STANDARDS<br />
October 2012
Document Control<br />
Client: Uganda National <strong>Road</strong>s Authority, UNRA<br />
Report Title:<br />
Resettlement action plan (RAP) <strong>of</strong> proposed upgrading <strong>of</strong><br />
<strong>Kigumba</strong>-<strong>Masindi</strong>-<strong>Hoima</strong>-<strong>Kabwoya</strong> road to bituminous standards<br />
(Note: AfDB will fund <strong>Kigumba</strong> - Bulima (69 km) and Bulima -<br />
<strong>Kabwoya</strong> (66 km) sections.<br />
Revision Description Originator Reviewed<br />
4 Final Report LK, TP, FN, DO HK<br />
Preparation <strong>of</strong> this report has been undertaken within agreed<br />
terms <strong>of</strong> reference using all reasonable skill and care. AWE<br />
accepts no responsibility or legal liability arising from<br />
unauthorized use by third parties <strong>of</strong> data or pr<strong>of</strong>essional opinions<br />
herein contained.<br />
This document has been double-side printed to<br />
reduce our carbon footprint and ecological impact.<br />
AWE Engineers<br />
www.awe-engineers.com<br />
Project No. EA/1024<br />
Date: Oct 2012<br />
Doc. No.: unra-rkki-001<br />
Distribution<br />
Official<br />
Public<br />
Confidential
Consultants<br />
LEAD TEAM<br />
Eng. Lammeck KAJUBI:<br />
BScEng (1.1 Hons) MAK, MEngSc (UQ-Australia),<br />
NEMA-CEnvP, REng.<br />
Herbert M. KALIBBALA:<br />
BSc MSc, PhD (Sweden), NEMA-CEnvP<br />
Pamela TASHOBYA<br />
BA (Env Mgt), MSc (Norway), NEMA-CEnvP<br />
AWE Engineers<br />
www.awe-engineers.com<br />
Team Leader, RAP Specialist<br />
Civil Engineer<br />
Sociologist/Development Specialist<br />
David Oyen, BEnvEng & Mgt Environmental consultant<br />
SUPPORT TEAM<br />
Faith Mugerwa Sociologist<br />
Seryazi Lamek Communication Specialist<br />
Ritah Nabaggala Community Mobilization/Primary Data Collection
Acronyms:<br />
Acronyms, Definitions & Units<br />
AfDB: <strong>African</strong> Development Bank<br />
AIDS: Acquired Immunodeficiency Syndrome<br />
CFR: Central Forest Reserves<br />
CGV: Chief Government Valuer<br />
CMP: Construction Management Plan<br />
CSO: Civil society organisations<br />
DBST: Double Bituminous Surface Treatment<br />
EAC: East <strong>African</strong> Community<br />
ESIA: Environmental & Social Impact Assessment<br />
GoU: Government <strong>of</strong> Uganda<br />
HHD: Head <strong>of</strong> Household<br />
LC: Local Council<br />
M&E: Monitoring and Evaluation<br />
MoWT: Ministry <strong>of</strong> Works & Transport<br />
NEMA: National Environmental Management Authority<br />
NFA: National Forestry Authority<br />
NGO: Non-Governmental Organization<br />
NRDMP: National <strong>Road</strong> Development and Maintenance Plan<br />
PAH: Project-Affected Households<br />
PAP: Project Affected Persons<br />
PCR: Physical Cultural Resources<br />
PEAP: Poverty Eradication Action Plan<br />
PWD: Persons with disabilities<br />
RAP: Resettlement Action Plan<br />
UAC: Uganda AIDS Commission<br />
UNRA: Uganda National <strong>Road</strong>s Authority<br />
UWA: Uganda Wildlife Authority<br />
WHO: World Health Organisation<br />
Measures:<br />
m: Metre<br />
m 2 : Square metre<br />
km: Kilometre (= 1000 m)<br />
Ha: Hectare (= 10000 m 2 or 2.471 acres)<br />
P a g e | i
Currency:<br />
UgShs: Uganda Shilling<br />
USD: United States Dollar<br />
Definitions:<br />
Asset Inventory: A complete count and description <strong>of</strong> all property that will be acquired by the project.<br />
Carriageway: Area <strong>of</strong> road used by vehicles. It is bounded on either side by road shoulders.<br />
P a g e | ii<br />
Compensation: Payment made in cash or in kind at replacement value for an asset or a resource affected by the<br />
project at the time the assets need to be replaced.<br />
Displaced Persons: People or entities directly affected by a project through the loss <strong>of</strong> land and the resulting loss <strong>of</strong><br />
residences, other structures, businesses, or other assets.<br />
Economic Displacement: Loss <strong>of</strong> income or means <strong>of</strong> livelihood resulting from land acquisition or obstructed access<br />
to resources (land, water or forest) caused by the construction or operation <strong>of</strong> the road.<br />
Economic Rehabilitation: This implies measures taken for restoration <strong>of</strong> income or economic recovery so that the<br />
affected population can improve or at least restore its previous standard <strong>of</strong> living.<br />
Eligibility: The criteria for qualification to receive benefits under a resettlement program.<br />
Eminent Domain: The right <strong>of</strong> the state to acquire land, using its sovereign power, for public purpose. National law<br />
establishes which public agencies have the prerogative to exercise eminent domain.<br />
Grievance Procedures: The processes established under law, local regulations, or administrative decision to enable<br />
property owners and other displaced persons to redress issues related to acquisition,<br />
compensation, or other aspects <strong>of</strong> resettlement.<br />
Kibanja: “Kibanja” is a Luganda word for a parcel <strong>of</strong> land on Mailo land. No title deed is associated with<br />
kibanja purchase: the Mailo owner (who holds the title deed) simply writes a purchase agreement<br />
witnessed by village local leaders (LCs), giving a person buying kibanja full rights to own and use<br />
the purchased portion <strong>of</strong> Mailo land. Such buyers can sell their bibanja to new owners but notify<br />
Mailo owner and local leaders about the changed ownership. “Bibanja” is plural for kibanja.<br />
Luganda is language <strong>of</strong> Baganda- the largest tribe in Uganda. Bibanja ownersare protected by<br />
Ugandan law, but are obliged to pay annual royalties to the Mailo owner. Mailo land tenure system<br />
is feudal land ownership introduced by the British in 1900 under the Buganda Agreement (<strong>of</strong> 1900).<br />
"Mailo" is a Luganda word for “mile” as the original grants under the agreement were measured in<br />
square miles. Mailo land is owned in perpetuity by owners and all such land parcels have title<br />
deeds.<br />
Land Acquisition: This is the process <strong>of</strong> acquiring land under the legally mandated procedures <strong>of</strong> eminent domain<br />
Physical Displacement: Loss <strong>of</strong> shelter and assets resulting from land acquisition associated with the project,<br />
requiring affected persons to move to other locations.
P a g e | iii<br />
Population Census: A count <strong>of</strong> the people or persons who would be affected by land acquisition and related<br />
impacts. When properly conducted, the population census provides information necessary for<br />
determining eligibility for compensation.<br />
Project Cycle: This is the process <strong>of</strong> identifying, planning, approving, and implementing a Bank-supported<br />
development activity. In the <strong>African</strong> Development Bank, the project cycle is divided into the<br />
following stages: Identification, Preparation, Appraisal, Negotiations, Approval, Loan Effectiveness,<br />
and Implementation.<br />
Project-Affected Area: The area subject to a change in use as a result <strong>of</strong> construction and operation <strong>of</strong> the road.<br />
Project-Affected Households (PAH): A PAH is a household that includes one or several project-affected persons<br />
and usually comprises a head <strong>of</strong> household, their spouses, children and other dependents (for<br />
example, parents, grandchildren).<br />
Project-Affected Person (PAP): Any person who, as a result <strong>of</strong> the implementation <strong>of</strong> the project, loses the right to<br />
own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or<br />
undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable<br />
asset, either in full or in part, permanently or temporarily. Affected people might be displaced either<br />
physically (“Physically Displaced People”) or economically (“Economically Displaced People”).<br />
Replacement Value: The rate <strong>of</strong> compensation for lost assets, that is, the market value <strong>of</strong> the assets plus<br />
transaction costs (taxes, registration fees and cost associated with registration or transfer <strong>of</strong> new<br />
land). The replacement value <strong>of</strong> an item must reflect the cost at the time it is due for replacement.<br />
For land and structures, “replacement value” is defined as follows:<br />
i) Agricultural land: the market value <strong>of</strong> land <strong>of</strong> equal productive use or potential located in the<br />
vicinity <strong>of</strong> the affected land, plus the cost <strong>of</strong> preparation to levels similar to or better than those<br />
<strong>of</strong> the affected land including fees <strong>of</strong> any registration and transfer taxes;<br />
ii) Land in urban areas: the market value <strong>of</strong> land <strong>of</strong> equal size and use, with similar or improved<br />
public infrastructure facilities and services, preferably located in the vicinity <strong>of</strong> the affected<br />
land, plus the cost <strong>of</strong> any registration and transfer taxes;<br />
iii) Household and public structures: the cost <strong>of</strong> purchasing or building a new structure, with an<br />
area and quality similar to or better than those <strong>of</strong> the affected structure, or <strong>of</strong> repairing a<br />
partially affected structure, including labor, contractors’ fees and any registration and transfer<br />
taxes.<br />
Resettlement Action Plan: A planning document describing measures to address direct social and economic<br />
impacts associated with involuntary land acquisition for the project.<br />
Resettlement Assistance: Support provided to people who are going to be physically displaced by the project.<br />
Assistance may include transportation and other services that are provided to affected people<br />
during relocation. Assistance may also include cash allowances to compensate affected people for<br />
inconveniences associated with resettlement and settle up expenses during transition to a new<br />
locale and lost workdays.<br />
Resettlement Entitlements: Resettlement entitlements with respect to a particular eligibility category are the sum<br />
total <strong>of</strong> compensation and other forms <strong>of</strong> assistance provided to displaced persons in the<br />
respective eligibility category.
P a g e | iv<br />
Resettlement Strategy: The approaches used to assist people in their efforts to improve (or at least to restore) their<br />
incomes, livelihoods, and standards <strong>of</strong> living in real terms after resettlement. The resettlement<br />
strategy typically consists <strong>of</strong> payment <strong>of</strong> compensation at replacement cost, transition support<br />
arrangements, relocation to new sites (if applicable), provision <strong>of</strong> alternative income-generating<br />
assets (if applicable), and assistance to help convert income-generating assets into income<br />
streams.<br />
<strong>Road</strong> reserve: Area <strong>of</strong> land typically extending from the centre line <strong>of</strong> the road, owned by the road and within<br />
which the roads authority has rights to extend the road and place associated infrastructure. This<br />
area can also be used for placing surface or subsurface utilities (water mains, electricity, telephone<br />
cables etc).<br />
Stakeholders: A broad term that covers all parties affected by or interested in a project or a specific issue—in other<br />
words, all parties who have a stake in the project. Primary stakeholders are those most directly<br />
affected—in resettlement situations, the population that loses property or income because <strong>of</strong> the<br />
project. Other people who have interest in the project such as the UNRA itself, beneficiaries <strong>of</strong> the<br />
project (e.g., road users), etc are termed secondary stakeholders.<br />
Vulnerable Groups: People who may by virtue <strong>of</strong> gender, ethnicity, age, physical or mental disability, economic<br />
disadvantage or social status get more adversely affected by resettlement than others; and who<br />
may have limited ability to claim or take advantage <strong>of</strong> resettlement assistance and related<br />
development benefits.
Contents<br />
P a g e | v<br />
ACRONYMS, DEFINITIONS & UNITS .............................................................................................................................................. I<br />
LIST OF TABLES ........................................................................................................................................................................... VII<br />
LIST OF FIGURES ........................................................................................................................................................................ VIII<br />
EXECUTIVE SUMMARY ................................................................................................................................................................. IX<br />
1 INTRODUCTION ......................................................................................................................................................... 1<br />
1.1 BACKGROUND ........................................................................................................................................................... 1<br />
1.2 OBJECTIVES OF THE RAP ........................................................................................................................................ 1<br />
1.3 SCOPE OF THE RAP .................................................................................................................................................. 2<br />
2 SURVEYING AND VALUATION METHODOLOGY ................................................................................................... 4<br />
2.1 INTRODUCTION ......................................................................................................................................................... 4<br />
2.2 APPROACH FOR SOCIAL SURVEY .......................................................................................................................... 4<br />
2.3 SOCIAL SURVEY ........................................................................................................................................................ 4<br />
2.4 VALUATION OF PROPERTY ...................................................................................................................................... 5<br />
2.5 STAKEHOLDER ANALYSIS........................................................................................................................................ 8<br />
3 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS........................................................... 29<br />
3.1 PROJECT DESCRIPTION......................................................................................................................................... 29<br />
3.2 PROJECT AREA OF INFLUENCE ............................................................................................................................ 30<br />
3.4 PROJECT PROPONENT AND FUNDING AGENCY ................................................................................................ 31<br />
4 LEGAL AND INSTITUTIONAL FRAMEWORK ........................................................................................................ 32<br />
4.1 LEGAL FRAMEWORK............................................................................................................................................... 32<br />
4.2 REQUIREMENTS OF AfDB....................................................................................................................................... 36<br />
4.3 INSTITUTIONAL RESPONSIBILITIES ...................................................................................................................... 38<br />
4.4 VALUATION AND COMPENSATION OF ASSETS ................................................................................................... 40<br />
5 SOCIO-ECONOMIC BASELINE .............................................................................................................................. 46<br />
5.1 INTRODUCTION ....................................................................................................................................................... 46<br />
5.2 PROJECT AFFECTED DISTRICTS .......................................................................................................................... 46<br />
5.3 SOCIAL ORGANIZATION ......................................................................................................................................... 46<br />
5.4 SOURCES OF LIVELIHOOD IN PROJECT AREAS ................................................................................................. 46<br />
5.5 LANDUSE AND SETTLEMENT IN PROJECT AREA ............................................................................................... 48<br />
5.6 WELFARE OF HOUSEHOLDS ................................................................................................................................. 51<br />
5.7 VULNERABLE GROUPS........................................................................................................................................... 52<br />
5.8 HEALTH ..................................................................................................................................................................... 53<br />
5.9 SANITATION ............................................................................................................................................................. 55<br />
5.10 WASTE DISPOSAL INFRASTRUCTURE ............................................................................................................ 55<br />
5.11 SOCIAL AND CULTURAL CHARACTERISTICS OF PROJECT AFFECTED COMMUNITIES ........................... 55<br />
6 RESOURCES TO BE AFFECTED BY THE PROJECT ........................................................................................... 57<br />
6.1 INTRODUCTION ....................................................................................................................................................... 57<br />
6.2 ASSETS AFFECTED BY THE PROJECT ................................................................................................................. 57<br />
6.4 LIVELIHOODS ........................................................................................................................................................... 59<br />
6.5 INJURIOUS DAMAGE TO PROPERTY .................................................................................................................... 59<br />
6.6 PROJECT COMPONENTS RELATED TO RESETTLEMENT .................................................................................. 59<br />
7 COMPENSATION AND RESETTLEMENT PRINCIPLES ....................................................................................... 61<br />
7.1 KEY PRINCIPLES ..................................................................................................................................................... 61<br />
7.2 ELIGIBILITY FOR COMPENSATION ........................................................................................................................ 61
P a g e | vi<br />
7.3 OVERVIEW OF ENTITLEMENTS ............................................................................................................................. 62<br />
7.4 VALUATION AND COMPENSATION LOSSES ........................................................................................................ 64<br />
7.5 PAYMENT MODALITIES ........................................................................................................................................... 66<br />
8 CONSULTATION WITH AFFECTED COMMUNITIES ............................................................................................. 72<br />
9 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES ............................................................................ 76<br />
9.1 GRIEVANCE COMMITTEE ....................................................................................................................................... 76<br />
9.2 GRIEVANCE MECHANISM ....................................................................................................................................... 76<br />
9.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES ................................................................ 80<br />
10 RAP IMPLEMENTATION ......................................................................................................................................... 81<br />
10.1 IMPLEMENTATION ARRANGEMENTS .............................................................................................................. 81<br />
10.2 RESETTLEMENT BUDGET ................................................................................................................................. 81<br />
11 MONITORING, EVALUATION AND COMPLETION AUDIT .................................................................................... 85<br />
11.1 GENERAL OBJECTIVES AND APPROACH ....................................................................................................... 85<br />
11.2 INTERNAL MONITORING PROCESS ................................................................................................................. 85<br />
11.3 EXTERNAL EVALUATION PROCESS ................................................................................................................ 86<br />
12 CONCLUSION .......................................................................................................................................................... 89<br />
REFERENCES ............................................................................................................................................................................... 90<br />
ANNEX 1: PUBLIC FACILITIES ALONG THE PROPOSED ROAD ......................................................................................... 91<br />
ANNEX 2: RECORD OF STAKEHOLDER CONSULTATIONS ................................................................................................ 95<br />
ANNEX 3: SOCIAL SURVEY QUESTIONNAIRE .................................................................................................................... 240<br />
ANNEX 4: LISTS OF VULNERABLE PAPS AND REQUIRED ASSISTANCE ....................................................................... 246<br />
ANNEX 5: NUMBER OF PAPS PER ROAD SECTION ........................................................................................................... 253<br />
ANNEX 6: RADIO ANNOUNCEMENTS .................................................................................................................................. 254<br />
ANNEX 7: PROJECT DISCLOSURE ....................................................................................................................................... 255<br />
ANNEX 8: RAP BUDGET DETAIL FOR SECTION FUNDED BY AFDB ................................................................................ 261
List <strong>of</strong> Tables<br />
P a g e | vii<br />
TABLE 2.1: KEY STAKEHOLDERS IDENTIFIED WITH THEIR CORRESPONDING MANDATE AND ROLES ........................................................... 26<br />
TABLE 3.1: TRADING CENTRES ALONG ROAD ....................................................................................................................................... 29<br />
TABLE 4.1: INSTITUTIONAL ROLES IN RAP IMPLEMENTATION ................................................................................................................ 39<br />
TABLE 4.2: GAPS BETWEEN AFDB RESETTLEMENT POLICY AND UGANDAN LEGISLATION APPLICABLE TO EACH IMPACT ........................... 42<br />
TABLE 5.1: OCCUPATION TYPES AMONGST PROJECT AFFECTED HOUSEHOLD HEADS.............................................................................. 46<br />
TABLE 5.2: AGRICULTURE INCOME LEVELS AMONG THE PAP................................................................................................................ 47<br />
TABLE 5.3: SPENDING PATTERNS AMONG AFFECTED HOUSEHOLDS....................................................................................................... 47<br />
TABLE 5.4: NUMBER AND AGE OF RESIDENTS IN AFFECTED HOUSEHOLDS ............................................................................................. 50<br />
TABLE 5.5: GENDER MARITAL STATUS ................................................................................................................................................ 50<br />
TABLE 5.6: RELIGION OF PEOPLE IN AFFECTED HOUSEHOLDS SURVEYED .............................................................................................. 51<br />
TABLE 5.7: PROPORTION OF HOUSEHOLDS (%) WITH SELECTED ASSETS, 2002 ..................................................................................... 51<br />
TABLE 5.8: SOURCES OF ENERGY AT AFFECTED HOUSEHOLDS ............................................................................................................. 51<br />
TABLE 5.9: TYPES OF LIGHTING FUEL IN HOUSEHOLDS ......................................................................................................................... 52<br />
TABLE 5.10: TYPE OF DRINKING WATER SOURCES IN HOUSEHOLDS ...................................................................................................... 52<br />
TABLE 5.11: MOST COMMON DISEASES AMONG THE HOUSEHOLDS ....................................................................................................... 53<br />
TABLE 5.12: EXPENSE ON THE MOST COMMON DISEASES..................................................................................................................... 53<br />
TABLE 5.13: ETHNICITY OF PAPS SURVEYED ..................................................................................................................................... 55<br />
TABLE 5.14: EDUCATIONAL LEVEL OF THE PAP ................................................................................................................................... 55<br />
TABLE 5.15: GENDER AND LEVEL OF EDUCATION ................................................................................................................................. 56<br />
TABLE 6.1A: NUMBER OF PROPERTY OWNERS TO BE AFFECTED AND LAND TAKE ALONG ENTIRE ROAD .................................................... 57<br />
TABLE 6.1B: NUMBER OF PROPERTY OWNERS TO BE AFFECTED ALONG ROAD SECTIONS TO BE FUNDED BY AFDB ................................... 57<br />
TABLE 6.1C: ASSETS TO BE AFFECTED ALONG ROAD SECTIONS BE FUNDED BY AFDB ............................................................................ 58<br />
TABLE 7.1: ENTITLEMENT MATRIX ....................................................................................................................................................... 69<br />
TABLE 8.1: STAKEHOLDER VIEWS ....................................................................................................................................................... 72<br />
TABLE 10.1: IMPLEMENTATION SCHEDULE........................................................................................................................................... 82<br />
TABLE 10.2: RESETTLEMENT BUDGET FOR ENTIRE ROAD ..................................................................................................................... 83<br />
TABLE 10.2: RAP COSTS FOR THE ROAD SECTION BE FUNDED BY AFDB............................................................................................... 84<br />
TABLE 11.1: MONITORING INDICATORS DURING RESETTLEMENT (QUARTERLY BASIS) ............................................................................. 87
List <strong>of</strong> Figures<br />
P a g e | viii<br />
FIGURE 2.1 STAKEHOLDER ANALYSIS GRID ............................................................................................................................ 28<br />
FIGURE 3.1 LOCATION OF THE PROJECT ROAD AND ITS CONNECTION TO ROAD NETWORK IN THE REGION ............ 30<br />
FIGURE 3.2 LOCATION OF THE PROPOSED ROAD THROUGH THE PROJECT DISTRICTS ................................................. 31<br />
FIGURE 5.1 PAPS WHO’S RESIDENTIAL OR AGRICULTURAL LAND WOULD BE AFFECTED .............................................. 49<br />
FIGURE 5.2 OWNERSHIP OF LAND OWNERSHIP ACCORDING TO SEX OF PAPS ................................................................ 49<br />
FIGURE 5.3 AGE DISTRIBUTION IN THE AFFECTED HOUSEHOLDS ...................................................................................... 50<br />
FIGURE 5.4 DISTANCE TO WATER SOURCE ............................................................................................................................. 52<br />
FIGURE 5.5 DISABILITIES AND CHRONIC DISEASES IN PROJECT AFFECTED AREA .......................................................... 54<br />
FIGURE 5.6 PROBLEMS ENCOUNTERED AT HEALTH CENTERS ............................................................................................ 54<br />
FIGURE 6.1 LOCATION OF BRANCH-OFFS TO PUBLIC FACILITIES ALONG THE ROAD ....................................................... 60<br />
FIGURE 8.1: GRIEVANCE MANAGEMENT MECHANISM. .......................................................................................................... 80
Executive Summary<br />
P a g e | ix<br />
Project Name: <strong>Road</strong> Sector Support Project 4: <strong>Upgrading</strong> <strong>of</strong> Kyenjojo – <strong>Hoima</strong> – <strong>Masindi</strong> – <strong>Kigumba</strong> <strong>Road</strong><br />
to Bituminous Standard.<br />
Country: UGANDA<br />
Project Number: ………………<br />
1. Introduction<br />
Government <strong>of</strong> Uganda (GoU) through Uganda National <strong>Road</strong>s Authority (UNRA) is seeking funding from the <strong>African</strong><br />
Development Bank (AfDB) to finance the upgrading <strong>of</strong> <strong>Kigumba</strong> - Bulima (69 km) and Bulima - <strong>Kabwoya</strong> (66 km) road<br />
section which is part <strong>of</strong> the 238 km “Kyenjojo–<strong>Hoima</strong>–<strong>Masindi</strong>–<strong>Kigumba</strong>” <strong>Road</strong> that is currently a gravel road<br />
originating from Kyenjojo Town through towns <strong>of</strong> <strong>Hoima</strong> and <strong>Masindi</strong>, ending at <strong>Kigumba</strong>. According to AfDB<br />
environmental screening guidelines, projects involving upgrading and rehabilitation <strong>of</strong> major roads, are classified<br />
“Category 1”. AfDB’s Involuntary Resettlement Policy (2003) requires a full Resettlement Action Plan (RAP) prepared<br />
if number <strong>of</strong> project affected persons (PAP) exceeds 200 people. This project affected 9005 property owners, hence<br />
this RAP study. The study was undertaken by Air Water Earth (AWE) on behalf <strong>of</strong> an engineering design consortium<br />
comprising Mott MacDonald and Kagga & Partners LTD.<br />
Currently, the existing road is dilapidated and not able to meet current demand for service provision. It is anticipated<br />
that the road project and development induced by it, will stimulate and uplift economic activity and increase demand<br />
for infrastructure services along areas it passes through. Without the project, access to these areas will continue to<br />
be difficult which inhibits socio-economic development. Different sections <strong>of</strong> the road are:<br />
� Kyenjojo–<strong>Hoima</strong>: 150.5 km (Note: Section between Kyenjojo Town and River Muzizi, all in Kibaale District<br />
will not be funded by AfDB);<br />
� <strong>Hoima</strong>–<strong>Masindi</strong>: 54 km;<br />
� <strong>Masindi</strong>–<strong>Kigumba</strong>: 33 km.<br />
2. Project Description and Justification<br />
The road to be upgraded is 238 km with gravel carriage way located in Western Uganda, running through Districts <strong>of</strong><br />
Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and end up at <strong>Kigumba</strong> Town Council in the newly created Kiryandongo District<br />
connecting to Gulu highway. It is subdivided into three links (Table E1).<br />
Table E1: Lengths <strong>of</strong> sections along the road<br />
Link Section Length (km)<br />
I Kyenjojo to <strong>Hoima</strong> 150.5<br />
II <strong>Hoima</strong> to <strong>Masindi</strong> 54<br />
III <strong>Masindi</strong> to <strong>Kigumba</strong> 33<br />
Total length 238<br />
The gravel road will be upgraded to Class II paved road standard with a carriageway width <strong>of</strong> 6 meters and 15 meter<br />
road reserve. The rationale for the upgrade is comprised in the following key objectives:<br />
� Provide a strategic link between the northern corridor (specifically south western Uganda, Rwanda and<br />
Burundi and eastern DRC) and the Kampala - Gulu -Juba corridor. The Northern Corridor anchored by the<br />
port <strong>of</strong> Mombasa in Kenya, is a key transport route for national, regional, and international trade <strong>of</strong> the five<br />
East <strong>African</strong> Community (EAC) countries - Burundi, Kenya, Rwanda, Tanzania, and Uganda.
P a g e | x<br />
� Improve access to markets, social and health services and employment possibilities for residents within the<br />
zone <strong>of</strong> influence <strong>of</strong> the proposed road.<br />
� Provide a high standard road to support on-going and future oil and gas operations in the area.<br />
The proposed project <strong>of</strong>fers enormous distance and journey time savings for traffic to Fort Portal, southwestern<br />
Uganda and eastern Democratic Republic <strong>of</strong> Congo (DRC) and in areas north <strong>of</strong> <strong>Kigumba</strong> (Gulu, Sudan and<br />
northeastern DRC). The distance between Kyenjojo and <strong>Kigumba</strong> via Kampala is approximately 485 km; via the<br />
proposed road it is 234 km, a saving <strong>of</strong> 251 km. Once the proposed project is completed, transport costs would<br />
reduce by 50%.<br />
3. Potential Impacts<br />
Although upgrade <strong>of</strong> the gravel road to a paved surface will follow existing alignment, there will be social impacts<br />
such as land take and impact on residential and commercial houses, business units, kiosks, crops and trees<br />
(including fruit trees) where the road alignment is altered either to widen the carriageway or remove dangerous<br />
corners. Several structures will be affected in Kagadi Trading Centre, Muhorro, Haikoona, Bwijanga and in other<br />
places as detailed on strip maps. Along each section <strong>of</strong> the road, table below shows number <strong>of</strong> people affected and<br />
land take.<br />
Table E.1: Number <strong>of</strong> property owners to be affected and land take along entire road<br />
<strong>Road</strong> section No. <strong>of</strong> property owners Land area (Hectares)<br />
Kyenjojo - <strong>Hoima</strong> 6270 334.33<br />
<strong>Hoima</strong> - <strong>Masindi</strong> 1549 104.89<br />
<strong>Masindi</strong> - <strong>Kigumba</strong> 1186 77.67<br />
Total 9005 516.89<br />
Number <strong>of</strong> people in buildings to be demolished by the project along the section AfDB will fun are shown in table<br />
below.<br />
Table E.2: Number <strong>of</strong> property owners to be affected along road sections to be funded by AfDB<br />
<strong>Road</strong> Section Total No. <strong>of</strong> people<br />
losing various types<br />
<strong>of</strong> property<br />
No. <strong>of</strong> Households to<br />
be physically<br />
relocated<br />
No. <strong>of</strong> persons in households to be<br />
physically relocated<br />
Bulima-<strong>Kabwoya</strong> (66 km) 2406 59 354<br />
<strong>Kigumba</strong>-Bulima (69 km) 1866 32 144<br />
Total 4272 91 498<br />
Along Bulima-<strong>Kabwoya</strong> (66 km) section, 59 buildings comprising 354 people will be demolished while the respective<br />
numbers along <strong>Kigumba</strong>-Bulima (69 km) section are 34 households comprising 144 people. All together however, as<br />
documented by the property count and valuation exercise, 4272 people were recorded to be losing various types <strong>of</strong><br />
assets along both these sections. These assets range from crops, fences, kiosks to permanent buildings.<br />
Most <strong>of</strong> structures affected in towns and trading centres are permanent buildings while in rural areas both permanent<br />
and semi-permanent buildings will be impacted by the project. Disruption to businesses and temporary loss <strong>of</strong><br />
income during relocation can be minimized if owners are allowed to rebuild replacement structures before completely<br />
vacating the old ones where possible during the regulatory 6-month “notice to quit” period. Economically-displaced<br />
people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This<br />
only applies to those whose business that will be required to relocate, but also to those employed in a business, or<br />
those who lose livelihood (income or subsistence) due to loss <strong>of</strong> crops.
P a g e | xi<br />
The proposed project <strong>of</strong>fers enormous distance and journey time savings for traffic to Fort Portal, southwestern<br />
Uganda and eastern Democratic Republic <strong>of</strong> Congo (DRC) and in areas north <strong>of</strong> <strong>Kigumba</strong> (Gulu, Sudan and<br />
northeastern DRC). The distance between Kyenjojo and <strong>Kigumba</strong> via Kampala is about 485 km; via the proposed<br />
road it is 234 km, a saving <strong>of</strong> 251 km. Once the proposed project is completed, transport costs would reduce by 50%.<br />
It is expected that during construction, over 150 local people will benefit employment opportunities working on the<br />
road sites or various economic activities such as support services (catering, housekeeping, etc) at workers camps.<br />
There will be financial benefit for material suppliers and owners <strong>of</strong> land to be rented for camps, equipment yards and<br />
borrow sites will. As indicated in the property valuation report, several churches, schools and health centres will lose<br />
strips <strong>of</strong> land to the road reserve. Many community resources would lose land to the project and road redevelopment<br />
could also cause temporary disruption to their access, such as when overburden is dumped into junctions leading to<br />
these faculties such as to render them impossible to be accessed by women, children elderly or disabled people.<br />
In some places, water mains and 33 kV power lines adjoining the existing road will need relocation during road<br />
upgrade, causing temporary disruption in supply. There may also arise injurious damage (e.g. cracking) <strong>of</strong> private<br />
property which, since outside project area, would not normally be compensated. Injurious damage to property during<br />
project implementation can be mitigated or compensated as follows:<br />
a) Monetary compensation to owners from contractor’s insurance.<br />
b) Contractor to repair or replace, to owner satisfaction, any injuriously damaged property.<br />
4. Organizational Responsibility for RAP Implementation<br />
Uganda National <strong>Road</strong> Authority (UNRA) will be responsible for implementing the RAP. The Ministry <strong>of</strong> Lands,<br />
Housing and Urban Development (MoLUHD) is a key institutional agency in which the Chief Government Valuer<br />
(CGV) who approves valuation and compensation reports is found. The Ministry is also responsible for issuance <strong>of</strong><br />
land title deeds. District Land Boards in respective local governments develop compensation rates and will be useful<br />
during RAP implementation, monitoring and grievance management. Local Councils will authorize compensation<br />
payment schedules. Local councils will be involved in verifying identity <strong>of</strong> PAPs and grievance redress. UNRA may<br />
sub-contract a contractor to implement the RAP but this is expected to work through the District Committees which<br />
will comprise members from the District Land Board, Parish Land Committees, Local Councils (I-V), local leaders,<br />
representatives <strong>of</strong> the PAP and identified NGO/CBO active in the area.<br />
5. Public Consultations and Community Participation<br />
Consultations with affected people were conducted from 22 nd September 2010 to 11 th November 2010. Consultations<br />
also involved local leaders in the project Districts <strong>of</strong> Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo (which until<br />
01 July 2010 was part <strong>of</strong> <strong>Masindi</strong> District). Largely upgrading the road from gravel to bituminous standards was<br />
prevalently considered a timely and beneficial to the districts/ region and country. In spite <strong>of</strong> this, some <strong>of</strong> the key<br />
issues were: UNRA to ensure equitable and timely compensation for all affected assets before road construction<br />
commences. Property located away from the road and otherwise not eligible for compensation should be duly<br />
compensated if damaged by contractors. Besides structures, this applies to water mains or power lines in towns e.g.<br />
Katooke Trading Center. If 90% one’s land is affected and the remaining parcel is so small that it is not useful for<br />
farming or settlement, the project should provide compensation for all the land so that affected persons can resettle<br />
elsewhere they can purchase sufficient land. Additionally, PAPs required UNRA to ensure quick and proper<br />
grievance resolution during RAP implementation.<br />
6. Integration with Host Communities<br />
It is expected that most affected home owners would have some land to reconstruct their dwellings a little back from<br />
affected locations. Conversely, due to linear settlement pattern along roads and small size <strong>of</strong> commercial land<br />
parcels (plots) in towns and trading centres, this may not always be possible and affected persons would have to
P a g e | xii<br />
relocate to new plot <strong>of</strong> land but still within town. There is thus little possibility that a large population <strong>of</strong> PAPs would<br />
be relocated to an entirely new host community.<br />
7. Socio-economic baseline conditions<br />
The existing road lies in five districts <strong>of</strong> Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo, in western Uganda. The<br />
population comprised <strong>of</strong> Banyoro, Batooro, Banyankole and migrant tribes such as Bakiga, Baganda, Bafumbira and<br />
Alur plus other migrants are from surrounding countries <strong>of</strong> Democratic Republic <strong>of</strong> Congo. Despite some regional and<br />
localized differences, poverty in the districts is generally considerable and attributed to inadequate skills, land<br />
shortage, poor farming methods, gender inequalities, low productivity, morbidity due to malaria and HIV/AIDS. More<br />
men than women owned land in the project-affected area. Prevalently land is owned under tenure customary tenure.<br />
The average affected household comprised <strong>of</strong> 6 people (higher than the national mean household size <strong>of</strong> 5.08). The<br />
most affected age group was between 36 and 40 years. Most affected households were headed by males compared<br />
to female-headed households. Firewood is the principal source <strong>of</strong> energy for cooking in the project districts. The<br />
road project would not affect wood stock or access to firewood. Proportions <strong>of</strong> households using other types <strong>of</strong> fuels<br />
like paraffin and electricity are almost negligible. Prevalently, households in project districts use paraffin candles for<br />
indoor night lighting and only 9.5% <strong>of</strong> households had access to grid electricity for lighting.<br />
A number <strong>of</strong> households with vulnerable PAPs, headed by terminally ill, widows, elderly people, orphans or disabled<br />
people were identified along the road. These sought additional assistance during resettlement as documented in the<br />
RAP. Malaria fever was the most prevalent disease in affected households followed by respiratory ailments (coughs<br />
and flu). Most people (97% <strong>of</strong> people interviewed) in the project areas were aware <strong>of</strong> HIV/AIDS and how it is<br />
transmitted. Health centres at sub-county levels and major hospitals (<strong>Hoima</strong> Referral Hospital, <strong>Masindi</strong> Hospital and<br />
Kiryandongo Hospital) play a central role in the fight against HIV/AIDS and provide treatment, nutrition, free testing<br />
and counselling including other outreach programmes like community sensitization through drama, music and sports.<br />
From the survey, findings indicated that 19% <strong>of</strong> people aged 10 years and above have never attended school, while<br />
20% completed primary school and only 8% completed secondary school with 5% have attained high tertiary<br />
education. Primary data shows that a majority (51.4%) <strong>of</strong> PAPs dispose their waste in their gardens while (36%)<br />
dispose it in a compost pit at the back yard while 12.6% <strong>of</strong> respondents burn their waste.<br />
Significant historical buildings and monuments were found in this area. The region is an ancient place with evidence<br />
<strong>of</strong> ancient settlement starting from colonial building together with Indian settlement terraces. Old buildings <strong>of</strong> the<br />
colonial nature (1920-1930s) were observed especially at administration institutions. Fortunately they sites (old<br />
buildings) will not be directly affected since they are about 70m from the road center. Monuments were also<br />
recorded and these might not be affected except Businge monument which located in a roundabout <strong>of</strong> Kyenjojo-<br />
<strong>Hoima</strong> -<strong>Masindi</strong> <strong>Road</strong>. This can be covered during construction but also maintained after construction phase.<br />
Settlements along the project area are generally linear especially in trading centres. There is a mix <strong>of</strong> residential,<br />
commercial and small scale industrial (maize, mills saw mills, welding) buildings including shops and market stalls along<br />
the road. However, most buildings especially residential ones are located away from the road.<br />
8. Institutional and Legal Framework<br />
Key legislations governing compensation and resettlement in Uganda are the Constitution <strong>of</strong> Uganda (1995) and the<br />
Land Act (1988). Article 237(1) <strong>of</strong> the Constitution vests land ownership in citizens <strong>of</strong> Uganda, however under Article<br />
237(1)(a), the Central or Local Government may acquire land in the public interest. The Constitution prescribes<br />
various tenure regimes in accordance with which rights and interests over land may be held. It provides procedures<br />
to follow in acquiring land in the public interest and provides for the “prompt payment <strong>of</strong> fair and adequate<br />
compensation” prior to taking possession <strong>of</strong> land. The Land Act (1988) is the principal legislation on land tenure in<br />
Uganda which emphasizes adequate, fair and prompt compensation by the developer <strong>of</strong> the occupier or owner <strong>of</strong>
P a g e | xiii<br />
land. The Act creates a series <strong>of</strong> land administration institutions consisting <strong>of</strong> Uganda Land Commission (ULC),<br />
District Land Boards (DLB), Parish Land Committees (PLC) and Land Tribunals. Section 78 <strong>of</strong> the Act gives valuation<br />
principles for compensation i.e. compensation rates to be yearly approved by DLBs.<br />
The following legal instruments provide the legal framework for compensation and resettlement in Uganda:<br />
� The Uganda Constitution (1995)<br />
� The Local Government’s Act 1997<br />
� The Land Act, 1988<br />
� Physical Planning Act , 2010<br />
� Valuation Act 1965<br />
� The Access to <strong>Road</strong>s Act ,1965<br />
UNRA’s Land Acquisition Manual (LAM) was designed to satisfy regulatory and key financiers resettlement<br />
requirements, based on the following principles: (i) Compensation should be aimed at minimizing social disruption<br />
and assist those who have lost assets to maintain their livelihoods. In accordance with Ugandan laws and standards,<br />
a disturbance allowance is to be provided to PAPs to cover costs <strong>of</strong> relocation during resettlement; and (ii)<br />
Community infrastructure must be replaced and ideally be improved in situations where it was deficient. This for<br />
example includes roadside water sources.<br />
Preparation <strong>of</strong> the RAP has taken into consideration safeguard policies <strong>of</strong> the AfDB (Involuntary Resettlement Policy,<br />
2003) with the aim to ensure that project-affected persons should be assisted to improve their livelihoods and<br />
standards <strong>of</strong> living or restore them to pre-displacement levels or levels.<br />
9. Eligibility<br />
The cut-<strong>of</strong>f date was considered by the surveying and valuation consultant as the last day <strong>of</strong> the census <strong>of</strong> affected<br />
people and properties, i.e. 10 February 2011. No structure or field established in the project-affected area after that<br />
date would be eligible for compensation. The cut-<strong>of</strong>f date after which no settlers or developers are eligible for<br />
compensation was publicized among potentially affected people. This was explained during the census and valuation<br />
exercise to all stakeholders in the area, including: Project-affected people, identified and individually surveyed, Parish<br />
Land Committee (LC2 level), District Land Board (LC5 level), LC <strong>of</strong>ficials in which consultations were undertaken<br />
The following categories are eligible for compensation:<br />
� People who have been in the surveyed part <strong>of</strong> the proposed road reserve and working areas;<br />
� Landlords owning land affected by the road;<br />
� People whose structures are to be affected by the development;<br />
� People who rent land for cultivation (sharecroppers) and their crops or trees are to be removed or damaged<br />
due to land acquisition activities.<br />
� Any other group <strong>of</strong> persons that has not been mentioned above but is entitled to compensation according to<br />
the laws <strong>of</strong> Uganda and World Bank/Donor policies.<br />
� Public or community facilities such as churches, schools and water sources.<br />
10. Valuation <strong>of</strong> and Compensation <strong>of</strong> Assets<br />
Section 78 <strong>of</strong> the Land Act (1988) prescribes valuation principles for compensation including compensation rates<br />
which are approved by District Land Boards and are updated on yearly basis. Other requirements for assessment <strong>of</strong><br />
compensation <strong>of</strong> assets are provided under the Valuation Act 1965. A full census <strong>of</strong> affected persons and survey/<br />
valuation <strong>of</strong> and their assets will was completed on the cut-<strong>of</strong>f date by Surveying /Valuation Teams who worked with
P a g e | xiv<br />
Local Councils, especially LC1 <strong>of</strong> affected villages and towns centres to verify identity <strong>of</strong> affected persons and their<br />
physical assets including land sizes, crops, trees and buildings.<br />
The basis <strong>of</strong> valuation for compensation purposes is provided in the Constitution <strong>of</strong> Republic <strong>of</strong> Uganda 1995 and the<br />
Land Act 1998. The value <strong>of</strong> land and buildings is based on the market value, that is, the probable value the property<br />
will fetch when <strong>of</strong>fered for sale. Affected land was categorized as semi-urban, rural or dry land and hence different<br />
rates applied for each category. Valuation rates used for affected land were “market values” based on evidence<br />
obtained during property inspection and surveys. Most project-affected residential and commercial buildings are<br />
constructed in permanent materials such as burnt clay bricks and iron ro<strong>of</strong> sheets. However, valuation also<br />
encountered many semi-permanent and temporary structures built in very low-cost materials such as timber.<br />
Buildings and structures were valued on the basis <strong>of</strong> Replacement Cost Method to arrive at their market value.<br />
District compensation rates were applied to derive compensation values for crops, fruit trees, flowers and shrubs<br />
owned by PAPs. According to Uganda’s compensation regulations, annual crops which could be harvested during<br />
the period <strong>of</strong> notice to vacate given to land landowners are excluded in determining compensation values.<br />
Along <strong>Kigumba</strong> - Bulima (69 km) and Bulima - <strong>Kabwoya</strong> (66 km) sections to be funded by AfDB, the following assets<br />
are to be affected and 17 strips <strong>of</strong> gardens <strong>of</strong> estimated area 16 acres.<br />
Table E.3: Assets to be affected along road sections be funded by AfDB<br />
<strong>Road</strong> Section<br />
Affected Property<br />
Bulima-<strong>Kabwoya</strong> (66 km) <strong>Kigumba</strong>-Bulima (69 km)<br />
1 Permanent Houses 13 13<br />
2 Shops 56 24<br />
3 Kitchens 0 0<br />
4 Schools 0 0<br />
5 Medical Clinics 0 0<br />
6 Churches 0 0<br />
7 Mosques 0 0<br />
8 Toilets 0 0<br />
9 Pit Latrines 2 1<br />
10 Shades 2 1<br />
11 Maize Stores 0 0<br />
12 Kiosks 1 3<br />
13 Barbed wire Fences 64 20<br />
14 Local Live Hedges 37 25<br />
15 Earth Graves 0 10<br />
16 Paved/Concrete Yards 1 0<br />
17 Gates 2 0<br />
18 Septic Tanks 2 0<br />
19 Boundary/Retaining Walls 2 1<br />
20 Water Tanks 1 0<br />
21 Kraals 0 0<br />
22 Well 0 0<br />
23 Fuel Pumps 6 0<br />
24 Fuel Tanks 2 0<br />
25 Petrol Station Canopies 2 0<br />
TOTAL 193 98
11. Costs and Budget<br />
P a g e | xv<br />
The resettlement budget including RAP implementation consultant, Monitoring & evaluation and provisional sum for<br />
special assistance to vulnerable people along entire road amounts to UgShs 19,759,033,059 (or US $ 8,064,911.45<br />
at exchange rate Shs 2450 per US$).<br />
For the sections to be funded by AfDB, RAP costs are shown in Table E.4 below (also see Annex 8).
Table E.4: RAP costs for the road section be funded by AfDB<br />
RAP Costs (relocation and compensation)<br />
<strong>Road</strong> Section<br />
Value for Land<br />
(UGX)<br />
Value for Buildings & Other<br />
Improvements (UGX)<br />
Value for Crops (UGX) Sub Total (UGX) Disturbance<br />
Allowance at 15%<br />
<strong>of</strong> compensation<br />
sum (UGX)<br />
P a g e | xvi<br />
Total (UgX)<br />
Bulima-<strong>Kabwoya</strong> 3,701,920,738 1,173,732,506 241,076,850 5,116,730,094 1,535,019,028 6,651,749,122<br />
<strong>Kigumba</strong>-Bulima 1,753,981,949 741,283,743 147,015,500 2,642,281,192 792,684,358 3,434,965,550<br />
Total 5,455,902,687 1,915,016,249 388,092,350 7,759,011,286 2,327,703,386 10,086,714,672<br />
Assistance for restoring crop production: 11,642,770.50 UgX<br />
(i.e. opening new gardens, seeds,<br />
etc):<br />
Compensation to relocate graves: 2,500,000.00 UgX<br />
Income restoration for businesses (shops,<br />
etc) : 57,450,487.47 UgX<br />
Provisional sum for assistance to<br />
vulnerable people: 40,500,000.00 UgX<br />
RAP implementation cost: 170,168,067.00 UgX<br />
Exchange rate (as <strong>of</strong> 2Oct 2012) : 1 USD = UgX 2552<br />
RAP monitoring and evaluation: 56,722,689.00 UgX<br />
TOTAL RAP budget for AfDB section 10,425,698,685.85 UgX<br />
Contingency for eventualities (put at 10% <strong>of</strong> total compensation sum)*:<br />
Grand total<br />
1,042,569,868.58 UgX<br />
11,468,268,554.43 UgX
12. Grievance Redress Mechanism<br />
P a g e | xvii<br />
Based on experience <strong>of</strong> earlier RSSP projects, most grievances will be related to property valuation. These are likely<br />
to arise when households consider compensation values for their assets insufficient, especially when PAPs doubt if<br />
valuation values do indeed provide replacement value or if PAPs misunderstood the compensation process and<br />
believe they are entitled to additional compensation. Given this, UNRA will constitute a dedicated committee and<br />
procedure to manage and close out grievances. While some grievances would be resolved by the committee, others<br />
might not, such as when claimants contest compensation rates developed by District Land Boards. Inspite <strong>of</strong> the<br />
grievance procedure, if, the aggrieved person is not satisfied with resolutions <strong>of</strong> the Grievance Committee at local<br />
level/village, he/she will have the choice <strong>of</strong> resorting to courts <strong>of</strong> law.<br />
12. Monitoring and Evaluation<br />
Monitoring is essential to ensure that RAP implementation achieves desired results. A monitoring and evaluation<br />
framework for RAP implementation has been developed to include a plan for monitoring and evaluation <strong>of</strong><br />
compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides<br />
for reviews by stakeholders including AfDB. The Framework includes a review <strong>of</strong> financial disbursements,<br />
compensation complaints and grievance redress, adherence to compensation payment schedule and support <strong>of</strong><br />
vulnerable PAPs. Monitoring will be both Internal monitoring by UNRA, and External evaluations by AfDB and other<br />
national stakeholders. During resettlement, monitoring shall focus on resettlement issues such as:<br />
� Number <strong>of</strong> families that have been compensated;<br />
� Number <strong>of</strong> people who have acquired legal documents to new property,<br />
� Number <strong>of</strong> business owners who have restored their businesses,<br />
� Efficiency and effectiveness <strong>of</strong> grievance redress mechanism.<br />
Post resettlement monitoring should focus on rehabilitation issues, for example:<br />
� Success level <strong>of</strong> restoration <strong>of</strong> livelihoods<br />
� Success level <strong>of</strong> restoration <strong>of</strong> assets<br />
� Efficiency and effectiveness <strong>of</strong> grievance redress mechanism.<br />
A review <strong>of</strong> regular progress reports produced by UNRA will be carried out by all stake holders both at national and<br />
local levels including the AfDB. After completion <strong>of</strong> resettlement, a final report will be submitted by UNRA to AfDB<br />
prior to preparation <strong>of</strong> the project implementation report. The report shall indicate effectiveness <strong>of</strong> project<br />
implementation and disbursement <strong>of</strong> compensation payments, effectiveness <strong>of</strong> public involvement and socioeconomic<br />
impacts <strong>of</strong> roadside communities. This report will give overall assessment <strong>of</strong> the RAP process indicating<br />
activities undertaken, success <strong>of</strong> mitigation action and monitoring and well as useful lessons learnt.<br />
A key aim <strong>of</strong> resettlement is to ensure compensation and other mitigation measures restore or enhance affected<br />
people’s quality <strong>of</strong> life and income levels. If quality <strong>of</strong> life <strong>of</strong> PAPs can be demonstrated to have been restored, then<br />
resettlement and compensation process can be considered “complete”. The purpose <strong>of</strong> Completion Audit will<br />
therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed<br />
resettlement commitments and applicable national and AfDB requirements.
1.1 BACKGROUND<br />
1 INTRODUCTION<br />
P a g e | 1<br />
Uganda National <strong>Road</strong>s Authority (UNRA) received funds from the Government <strong>of</strong> Uganda (GoU) and intends to<br />
apply a portion <strong>of</strong> the proceeds towards the cost <strong>of</strong> The National <strong>Road</strong> Development and Maintenance Plan<br />
(NRDMP). One <strong>of</strong> the gravel roads to be upgraded to bituminous standard is Kyenjojo – <strong>Hoima</strong> – <strong>Masindi</strong> – <strong>Kigumba</strong>.<br />
<strong>African</strong> Development Bank (AfDB) will finance only <strong>Kigumba</strong> - Bulima (69 km) and Bulima - <strong>Kabwoya</strong> (66 km) section”.<br />
Despite periodic maintenance, there is inadequate drainage and the road alignment needs to be improved. The<br />
whole stretch lies in hilly and rolling terrain with dense forests in Kibaale district and parts <strong>of</strong> <strong>Hoima</strong> district. There are<br />
2 bridges along this link: the Muzizi Bridge constructed from reinforced concrete and Nkusi Bridge which is more <strong>of</strong> a<br />
Bailey bridge. The <strong>Hoima</strong> - <strong>Masindi</strong> link is 54 km that connects <strong>Hoima</strong> District to <strong>Masindi</strong> District. Some parts <strong>of</strong> this<br />
link were also in fairly good condition following periodic maintenance while other parts were characterized by surface<br />
corrugations, potholes, inadequate drainage and poor alignment. The <strong>Masindi</strong> - <strong>Kigumba</strong> link is 33 km that connects<br />
<strong>Masindi</strong> Town to <strong>Kigumba</strong> Town Council. At <strong>Kigumba</strong>, the road connects to Kampala - Gulu Highway. This section<br />
was in poor condition characterized by surface corrugations, potholes, inadequate drainage and poor alignment.<br />
Uganda National <strong>Road</strong>s Authority (UNRA) contracted Mott MacDonald, a UK-based engineering consultancy firm in<br />
association with Kagga & Partners (Ugandan) to carry out the feasibility studies, detailed design, tender document<br />
preparations and project management for upgrading the road. Air Water Earth (AWE) LTD was contacted by the<br />
consortium to undertake a Resettlement Action Plan (RAP) to guide land acquisition for the project.<br />
The road will no doubt play a major role in economic development <strong>of</strong> the project Districts by providing an essential<br />
link to markets and social services, industry, health and education. While the upgrade will for most sections follow the<br />
existing alignment, road widening will in some cases affect private land, permanent and semi-permanent residential<br />
and commercial structures. The purpose <strong>of</strong> this RAP is to guide implementing <strong>of</strong> the impending resettlement and<br />
ensure equitable compensation. The road and its reserve <strong>of</strong> 30 m (15 m on either side <strong>of</strong> its centerline) would affect<br />
about 9005 property owners, with effects ranging from loss <strong>of</strong> strips <strong>of</strong> land adjoining the road and structures.<br />
It is currently a policy <strong>of</strong> Uganda Government to have all road projects comply with national as well as donor<br />
safeguard policies among whose requirements is a RAP. The goal <strong>of</strong> this RAP is therefore to minimize economic and<br />
social impacts that would arise from involuntary resettlement such as:<br />
� relocation or loss <strong>of</strong> shelter;<br />
� loss <strong>of</strong> assets or inability to access to assets;<br />
� loss <strong>of</strong> income sources and livelihood.<br />
1.2 OBJECTIVES OF THE RAP<br />
This RAP was designed to provide guidance on how project-affected persons in the project-affected areas should be<br />
equitably compensated and upon relocation, able to cope and lead a normal life as was previously lived or a better<br />
one. The RAP is primarily for property and landowners adjoining the proposed road project.<br />
Cadastral surveys and property valuation that informed this RAP were done with the aim to:<br />
i) Delineate private land and properties to be affected,
P a g e | 2<br />
ii) Compile an accurate list <strong>of</strong> the project-affected persons (that is, owners and land users having an interest in<br />
the road reserve)<br />
iii) Establish monetary worth <strong>of</strong> all immoveable assets, including structures (permanent or semi-permanent),<br />
perennial and annual crops and trees within the road reserve.<br />
In view <strong>of</strong> the foregoing, the main objectives <strong>of</strong> this RAP were to:<br />
i) Prepare social pr<strong>of</strong>iles <strong>of</strong> PAPs through a social-economic survey.<br />
ii) Ensure that the displaced people receive equitable compensation prior to their displacement.<br />
iii) Raise awareness <strong>of</strong> the project and its consequences among affected communities.<br />
iv) Carry out consultations with relevant stakeholders, including potentially affected persons and obtain their views<br />
and suggestions regarding social impacts <strong>of</strong> the proposed project and measures to cover the losses. The results<br />
<strong>of</strong> the consultations will be made available to all relevant stakeholders, including potentially affected persons<br />
through RAP disclosure.<br />
v) Determine the extent <strong>of</strong> the impacts due to involuntary resettlement associated with the land acquisition for<br />
purposes <strong>of</strong> construction and alignment <strong>of</strong> the road, and put in place measures to mitigate those impacts. The<br />
impacts here are to do with land acquisition and the accompanying losses or interruption <strong>of</strong> livelihoods <strong>of</strong> the<br />
project affected people due to the construction activities related to the proposed roads, etc.<br />
vi) Establish the actual compensation costs necessary for resettlement and quantify the land area to be acquired for<br />
the road reserve.<br />
vii) Prepare resettlement strategies including entitlement matrix and arrangements for implementation that would<br />
mitigate adverse socio-economic impacts and grievances.<br />
viii) Prepare strategies to mitigate adverse socio-economic impacts and possible grievances arising from<br />
resettlement.<br />
1.3 SCOPE OF THE RAP<br />
The RAP will set the parameters and establish entitlements for project affected people (PAP), the institutional<br />
framework, mechanisms for consultation and grievance resolution, the time schedule and the budget, and propose a<br />
monitoring and evaluation system.<br />
The package <strong>of</strong> agreed entitlements in the form <strong>of</strong> a matrix that will include both compensation and measures to<br />
restore the economic and social base for those affected. It will address the requirements <strong>of</strong> the Government <strong>of</strong><br />
Uganda and the Policy <strong>of</strong> AfDB on Involuntary Resettlement. Therefore the RAP shall follow the policy <strong>of</strong> AfDB on<br />
Involuntary Resettlement (2003) which requires that people who are adversely affected by project activities receive<br />
compensation to the extent that their livelihoods and standard <strong>of</strong> living is restored to at least a pre-project level.<br />
Similarly, the resettlement shall be carried out in line with requirements <strong>of</strong> the legal, policy and regulatory framework<br />
<strong>of</strong> Uganda. However, where there are gaps, the policy <strong>of</strong> <strong>African</strong> Development Bank overrides in order to ensure that<br />
the losses <strong>of</strong> the Project Affected Persons (PAPs) are well addressed.<br />
Therefore to achieve the objectives <strong>of</strong> the RAP, activities were limited to the following:<br />
i) Identification persons or groups affected by the project either through destruction <strong>of</strong> buildings or crops or loss <strong>of</strong><br />
land and income.<br />
ii) Consultation with project affected people (PAP) in each village along the road. The consultations sought to<br />
involve PAPs in formulating ideal compensation and resettlement strategies.
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iii) Identification <strong>of</strong> options for resettlement and compensation <strong>of</strong> project affected persons (PAPs), which according<br />
to the legal requirements <strong>of</strong> Uganda Legal Legislation and are consistent with the relevant policies <strong>of</strong> UNRA and<br />
the <strong>African</strong> Development Bank<br />
iv) Review <strong>of</strong> Uganda legislation and guidelines on land acquisition, compensation and development <strong>of</strong><br />
infrastructure projects.<br />
v) Census <strong>of</strong> property owners to be affected by the road project and property valuation.<br />
vi) Socio-economic survey on a representative sample <strong>of</strong> affected households to obtain a social pr<strong>of</strong>ile <strong>of</strong> affected<br />
persons. The survey aimed at establishing a baseline against which effectiveness <strong>of</strong> resettlement assistance<br />
could be measured. It was based on a comprehensive socio-data questionnaire (Annex 3) and covered the<br />
following:<br />
� information on family/ household members<br />
� household land holdings and assets<br />
� livelihood in affected households<br />
� health & vulnerability<br />
� welfare indicators<br />
� expenditure patterns<br />
vii) Preparation <strong>of</strong> a resettlement action plan (RAP) comprising <strong>of</strong> an entitlement matrix with impact categories.<br />
Compensation and assistance for resettlement were based on the premise that lives <strong>of</strong> the affected people<br />
should not be worse than before displacement.<br />
viii) Arrangements for implementation providing guidance on proper implementation <strong>of</strong> the RAP including<br />
institutional arrangements; implementation timeframe and compensation budget derived from property<br />
valuation.<br />
ix) Consultation and participation <strong>of</strong> affected communities were undertaken throughout preparation <strong>of</strong> the RAP<br />
and their feedback incorporated in designing resettlement strategies.<br />
x) Developing a grievance redress mechanism.<br />
xi) Developing a monitoring, evaluation and completion audit framework.
2.1 INTRODUCTION<br />
2 SURVEYING AND VALUATION METHODOLOGY<br />
P a g e | 4<br />
The RAP was conducted using both qualitative and quantitative methods. Affected households and property were<br />
determined from the road survey and a census <strong>of</strong> PAPs. Social data <strong>of</strong> affected persons was obtained from<br />
interviews, meetings and questionnaires. Property surveying and valuation entailed inspection and referencing <strong>of</strong><br />
land and buildings. Crops (including fruit and timber trees) were counted and their value established basing on<br />
compensation rates <strong>of</strong> respective District Local Governments. Sections below provide the methodology used.<br />
2.2 APPROACH FOR SOCIAL SURVEY<br />
A social survey was conducted to establish the social pr<strong>of</strong>ile <strong>of</strong> the project affected people and project area in<br />
accordance with Ugandan requirements for involuntary resettlement. Information obtained from the social survey was<br />
used to analyze poverty and welfare indicators in households, social-economic needs and impact on livelihoods <strong>of</strong><br />
affected people if the project is implemented as proposed. Broadly, site-specific data gathered from the survey<br />
comprised <strong>of</strong> three main categories: population and demographics; landownership and land use; businesses and<br />
socio-cultural resources. Among other things, ethnicity, gender, health, household income levels and sources were<br />
captured in the social survey. These categories and respective survey criteria are presented in Box 1.<br />
Box 1: Social-economic data survey categories and criteria<br />
Population and demographics:<br />
a) Number <strong>of</strong> physically or economically displaced people<br />
b) Ethnicity in project-affected area<br />
c) Views <strong>of</strong> project-affected people<br />
d) Vulnerable people<br />
e) Literacy levels<br />
f) Size <strong>of</strong> households including dependants<br />
Land ownership and land use:<br />
a) Number <strong>of</strong> PAP dependant on agriculture for livelihood<br />
b) Land uses, crops and livestock types, type <strong>of</strong> housing<br />
c) Land tenure<br />
d) Income from agriculture and value <strong>of</strong> agricultural land<br />
e) Views <strong>of</strong> project-affected people<br />
Social-cultural and business:<br />
a) Presence, number and types <strong>of</strong> cultural resources<br />
b) Presence and number <strong>of</strong> communal social facilities (schools, prayer houses, etc)<br />
c) Businesses (restaurants, video halls, eateries, bars, etc)<br />
d) Income from agriculture and value <strong>of</strong> agricultural land<br />
e) Views <strong>of</strong> project-affected people<br />
f) Expenditure patterns in households<br />
2.3 SOCIAL SURVEY<br />
2.3.1 Criteria for Identifying PAPs<br />
The criteria for identifying the project-affected people (PAP) was that everybody whose property (land, building,<br />
crops) is affected in part or whole by widening the road, would be eligible for compensation. These PAPs were
P a g e | 5<br />
identified by the cadastral surveying team and through follow-up surveys and were included in the census.<br />
Employees and tenants were to be established at the stage <strong>of</strong> disclosing individual household entitlements.<br />
Prior to undertaking the detailed social survey, sensitization meetings were held in each village along the road to<br />
disclose and explain the forthcoming RAP study, explain the valuation process and how it is conducted according to<br />
Ugandan guidelines. These meetings were conducted by social survey teams and a representative <strong>of</strong> the property<br />
valuation consultant. In the meetings, the project planning schedule was disclosed, cut-<strong>of</strong>f for eligibility explained,<br />
rights <strong>of</strong> PAPs and grievance procedures outlined.<br />
All meetings were chaired by either the village’s Local Council (LC1) chairperson or LC 3 Council member<br />
(Councillor). These meetings aimed to create awareness about upcoming RAP, quell any apprehensions PAPs might<br />
have about resettlement hence, enabling them to provide true household and personal information during the social<br />
survey.<br />
2.3.2 Fieldwork, Socio-survey and Data Analysis Tools<br />
To develop a social pr<strong>of</strong>ile <strong>of</strong> PAPs, a structured questionnaire (Annex 3) was administered for a representative<br />
sample <strong>of</strong> 40% <strong>of</strong> all affected people. Prior to administering the questionnaire to each PAP, its content was explained<br />
and purpose <strong>of</strong> requested information carefully explained. Social data collected in the questionnaires was cleaned<br />
up, coded, entered in a database then analyzed using SPSS 1 microcomputer package.<br />
2.3.3 Census and Property Valuation<br />
The census was conducted by AWE and findings compiled into a MS Access database, linked with the property<br />
valuation data. Property census and valuation was conducted by Associated Engineering (AES).<br />
Census entailed enumeration <strong>of</strong> all project affected persons and their household members and dependants. The<br />
census was conducted all along the road between 1 st October 2010- 9 th February 2011.<br />
2.4 VALUATION OF PROPERTY<br />
Valuation <strong>of</strong> property, the results <strong>of</strong> which fed into the RAP, was executed by an independent chartered surveying<br />
and valuation firm based on prevailing market prices. Property valuation and census were conducted.<br />
2.4.1 Topographical and Cadastral Surveys<br />
Land <strong>of</strong> all the people was surveyed and mapped indicating respective tenure systems. Customary land tenants and<br />
registered proprietors were recorded and a strip map produced. Survey beacons were placed at locations where the<br />
cadastral lines cross the road alignment. This information is presented on a strip map <strong>of</strong> the road showing the<br />
position <strong>of</strong> the proposed works on the existing cadastral maps. No land title deed mutations were signed as the<br />
registered proprietors can only sign after compensation. Based on this, acreage <strong>of</strong> land affected for both the<br />
registered plots and customary interests were calculated and a property valuer determined the commensurate<br />
compensation values for each affected property.<br />
2.4.2 Inspection, Referencing and Valuation<br />
Data collected covered registered land, bibanja holdings, permanent- and semi-permanent structures, crops and<br />
economic trees.<br />
1 SPSS: Statistical Package for the Social Sciences.
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This data was entered on the compensation assessment forms. Enumeration <strong>of</strong> crops and trees and referencing <strong>of</strong><br />
property was witnessed by property owners or their representatives and area local council leaders (LCI <strong>of</strong>ficials). This<br />
ensured that all queries associated with ownership, quantity <strong>of</strong> items and sizes <strong>of</strong> land are accurately documented.<br />
The land surveyors provided acreage <strong>of</strong> affected land which was used by property valuers to establish<br />
commensurate compensation conforming to Uganda Government laws.<br />
2.4.3 Basis <strong>of</strong> Valuation<br />
The basis <strong>of</strong> valuation for compensation purposes is provided in the Constitution <strong>of</strong> Republic <strong>of</strong> Uganda 1995 and the<br />
Land Act 1998. The value <strong>of</strong> land and buildings is based on the market value, that is, the probable value the property<br />
will fetch when <strong>of</strong>fered for sale. In arriving at market values, it was assumed that:<br />
� The owner is a willing seller,<br />
� Prior to the date <strong>of</strong> valuation, there had been a reasonable period (having regard to the nature <strong>of</strong> the<br />
property and the state <strong>of</strong> the market) for the proper marketing <strong>of</strong> the interest, for the agreement <strong>of</strong> price and<br />
the completion <strong>of</strong> the sale,<br />
� The state <strong>of</strong> the market, level <strong>of</strong> values and other circumstances were, on any earlier assumed date <strong>of</strong><br />
exchange <strong>of</strong> contracts, the same as on the date <strong>of</strong> valuation,<br />
� No account is taken <strong>of</strong> any additional bid by a prospective purchaser with a special interest,<br />
� Both parties to the transaction had acted knowledgeably, prudently and without coercion.<br />
2.4.4 Derivation <strong>of</strong> Compensation Rates<br />
a) Land<br />
Wherever available, recent agreements <strong>of</strong> sale <strong>of</strong> physical property (land and buildings) were reviewed during<br />
surveys. This information provided insight into purchase prices that were prevailing in the project area at that time.<br />
These values were analyzed and adjusted before use because <strong>of</strong> the heterogeneity <strong>of</strong> land parcels to which they<br />
were applied to determine the market value.<br />
Affected land was categorized as semi-urban, rural or dry land and hence different rates applied for each category.<br />
Valuation rates used for affected land were “market values” based on evidence obtained during property inspection<br />
and surveys.<br />
b) Buildings and structures<br />
Most project-affected residential and commercial buildings are constructed in permanent materials such as burnt clay<br />
bricks and iron ro<strong>of</strong> sheets. However, valuation also encountered many semi-permanent and temporary structures<br />
built in very low-cost materials such as timber. Buildings and structures were valued on the basis <strong>of</strong> Replacement<br />
Cost Method to arrive at their market value. <strong>African</strong> Development Bank stipulates that depreciation <strong>of</strong> an asset and<br />
value derived from salvaging materials from razed structures should not be discounted when deriving replacement<br />
cost. Additionally AfDB policy on resettlement requires replacement value to include cost <strong>of</strong> materials transport to<br />
site, labour costs and any transfer fees or taxes involved in replacing an asset.
P a g e | 7<br />
For rented commercial properties, Investment Method 1 <strong>of</strong> valuation was used and necessary adjustments made to<br />
derive the final value. For PAPs losing businesses, production or rental income occasioned by loss <strong>of</strong> commercial<br />
structures, additional compensation <strong>of</strong> 6% was allowed on top <strong>of</strong> the value <strong>of</strong> affected building. This additional value<br />
was estimated sufficient to cover loss <strong>of</strong> sales over the time replacement buildings would be reconstructed. Semipermanent<br />
and temporary structures including pit-latrines were valued using District compensation rates. In both<br />
cases, the design, standard <strong>of</strong> construction, fittings, finishes and general condition <strong>of</strong> repair were taken into<br />
consideration in arriving at property values.<br />
c) Crops<br />
District compensation rates were applied to derive compensation values for crops, fruit trees, flowers and shrubs<br />
owned by project-affected persons. According to Ugandan compensation regulations, annual crops which could be<br />
harvested during the period <strong>of</strong> notice to vacate given to land landowners/ occupiers are excluded in determining<br />
compensation values. The valuation rates for crops takes into account the possible income generated from crops.<br />
2.4.5 Assumptions and Limitations <strong>of</strong> Valuation<br />
The following assumptions and limitations were encountered during property valuation:<br />
i) Bibanja owners on Mailo land have legal ownership rights as provided for by Ugandan law. An<br />
apportionment <strong>of</strong> land value <strong>of</strong> 60% and 40% share <strong>of</strong> the market value was given to the landlord and<br />
bibanja owners respectively, depending on developments invested on the affected land. For example, a<br />
kibanja owner who has a permanent structure such as a house or perennial crops is entitled to a 60% share<br />
<strong>of</strong> the compensation value while a person with only temporary structures or annual (seasonal) crops is only<br />
entitled to 40%. This is generally adequate for replacement value, and if a new kibanja ownership<br />
agreement was to be sought on a new piece <strong>of</strong> land, it would cost the same 60/40 split applied depending<br />
on the temporal permanency <strong>of</strong> developments there<strong>of</strong>.<br />
ii) Acreage <strong>of</strong> kibanja holdings provided by the land surveyors represents the actual physical land taken from<br />
each kibanja owner.<br />
iii) The acreage on "Private Mailo' titles are assumed to be the correct record as entered in the Lands and<br />
Surveys Department Registry.<br />
iv) The compensation assessed is for land and property as they existed at the time <strong>of</strong> inspection and valuation.<br />
Subsequent developments and structural improvements after the cut-<strong>of</strong>f date will not be considered for<br />
compensation purposes.<br />
v) The property owners expect to be given a 3-month “notice to vacate”, hence a 30% statutory disturbance<br />
allowance has been provided in property values.<br />
vi) Buildings which only have portions damaged are assessed as wholly affected and necessitating full<br />
compensation.<br />
vii) Incomplete buildings and structures were valued in their existing (“as is”) state.<br />
viii) Where private Mailo land owners could not be identified or verified due to lack <strong>of</strong> records in Central Lands<br />
Registry, the valuer assessed value <strong>of</strong> the land taken against the Plot Numbers on cadastral maps.<br />
Details <strong>of</strong> valuation assessment <strong>of</strong> every owner/claimants property are presented in a separate Valuation Report.<br />
1 “Investment Method”was used for commercial (and residential) property that is producing future cash flows through letting or renting. The method derives market value <strong>of</strong> a subject<br />
property by reference to observed recent transactions <strong>of</strong> similar properties in the same area. Note that this method is really a comparison method, since the main variables are<br />
determined in the market.
2.5 STAKEHOLDER ANALYSIS<br />
2.5.1 Introduction<br />
A “stakeholder” can be defined as:<br />
Any individual, group, or institution with a vested interest in the natural resources <strong>of</strong> the project area and/or<br />
who potentially will be affected by project activities and have something to gain or lose if conditions change<br />
or stay the same 1 .<br />
P a g e | 8<br />
Stakeholders are all those who need to be considered in achieving project goals and whose participation and support<br />
are crucial to its success. Stakeholder analysis identifies all primary and secondary stakeholders who have a vested<br />
interest in the project. It is a process <strong>of</strong> systematically gathering and analyzing qualitative information to determine<br />
whose interests should be taken into account when developing and implementing a project. The analysis includes<br />
characteristics <strong>of</strong> stakeholders such as knowledge <strong>of</strong> the project, interests related to the project, position for or<br />
against the project, potential alliances with other stakeholders, and ability to affect the project process (through power<br />
and/or leadership).<br />
A stakeholder analysis will help the road project to identify:<br />
a) Interests <strong>of</strong> all stakeholders who may affect or be affected by the programme/project;<br />
b) Potential conflicts or risks that could jeopardize the project;<br />
c) Opportunities and relationships that can be built on during implementation;<br />
d) Groups that should be encouraged to participate in different stages <strong>of</strong> the project;<br />
e) Appropriate strategies and approaches for stakeholder engagement; and<br />
f) Ways to reduce negative impacts on vulnerable and disadvantaged groups.<br />
Three essential steps utilized 2 in stakeholder analysis were:<br />
� Identifying key stakeholders and their interests (positive or negative) in the project;<br />
� Assessing influence, importance and level <strong>of</strong> impact upon each stakeholder;<br />
� Identifying how best to engage stakeholders.<br />
2.5.2 Identification <strong>of</strong> Key Stakeholders and their Interests<br />
Identification <strong>of</strong> different groups <strong>of</strong> stakeholders started with investigating specific threat and opportunity factors and<br />
developing a list <strong>of</strong> associated key stakeholders. This was based on key questions indicated below:<br />
� Who will benefit or be affected by the road project?<br />
� Who are the key players in the development and implementation <strong>of</strong> the road project?<br />
� What key resources will be impacted?<br />
� Who is most dependent on these resources?<br />
� Who possesses claims on resources to be affected – including legal jurisdiction and customary use?<br />
� Are several government sectors and ministry departments involved?<br />
� Are there any national and/or international bodies involved either as funding agencies or because <strong>of</strong> specific<br />
laws or treaties?<br />
1 Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA).<br />
2 Ibid
P a g e | 9<br />
� Which agencies license certain aspects <strong>of</strong> the road project or are most knowledgeable about, and capable<br />
<strong>of</strong> dealing with project impacts or resources to be affected (forestry, wetlands, wildlife areas)? Who is<br />
managing these resources?<br />
� Are there major events or trends currently affecting the stakeholders (for example, development initiatives,<br />
migration, and population growth).<br />
Key stakeholders identified are presented in Table 2.1.<br />
2.5.3 Interests, Influence & Importance <strong>of</strong> Stakeholders<br />
To assess influence and importance <strong>of</strong> each stakeholder and the potential impact <strong>of</strong> the project upon each<br />
stakeholder, key issues investigated included:<br />
� Who is directly responsible for decisions on issues important to the project?<br />
� Who holds positions <strong>of</strong> responsibility in interested organizations?<br />
� Who is influential in the project area (both thematic and geographic areas)?<br />
� Who will be affected by the project?<br />
� Who will promote or support the project, provided that they are involved?<br />
� Who will obstruct or hinder the project if they are not involved?<br />
� Who has been involved in the area (thematic or geographic) in the past?<br />
� Who has not been involved up to now but should have been?<br />
To assess influence, importance and level <strong>of</strong> impact upon each stakeholder – a simple grid, presented in Table 2.1,<br />
was used for developing strategies on how different types <strong>of</strong> stakeholders might be engaged. The grid was utilized to<br />
organize stakeholders according to their likely influence over decisions to be made, and likely impact <strong>of</strong> project<br />
decisions upon them.<br />
Issues below were useful when considering where stakeholders sit on the Influence/Impact analysis quadrant:<br />
� Are they likely to influence success or failure <strong>of</strong> the proposed road project?<br />
� What is their relationship with the project?<br />
Analysis <strong>of</strong> final influence is presented in Figure 2.1.<br />
2.5.4 Engagement <strong>of</strong> Stakeholders<br />
Finally, the third step involved determining how to involve the different stakeholders identified. It was evident that<br />
different types <strong>of</strong> stakeholders would be engaged in different ways at the various stages <strong>of</strong> the road project, from<br />
gathering and giving information, to consultation and dialogue. For some aspects <strong>of</strong> project implementation like<br />
HIV/AIDS awareness, NGOs such as those engaged in related activities should be engaged by UNRA during road<br />
construction. The avenues for stakeholder engagement include:<br />
a) Consultation meetings<br />
Discussions were organized with various people and stakeholders along the road to verify general perspective <strong>of</strong><br />
stakeholders. The people consulted included Local Council (LC) <strong>of</strong>ficials, opinion leaders and NGOs.
P a g e | 10<br />
Consultations aimed to inform people about the project, explain RAP process, and seek views on valuation and<br />
compensation criteria as well as possible impact mitigation recommendations. Also discussed were gender-specifics<br />
benefits, vulnerable people, income restoration and replacement cost for lost property.<br />
b) Survey interviews<br />
Interviews and discussions were held with boda-boda cyclists, commuter omnibus and taxi operators who operate on<br />
the various sections <strong>of</strong> the road. Most transporters were concerned about the future <strong>of</strong> their operations in case the<br />
new road design removed existing bus stops. Discussions were also held along the road and key questions received<br />
were about criteria for compensation <strong>of</strong> affected assets. Criteria as provided by Uganda government was explained<br />
as well as additional resettlement requirements required by <strong>African</strong> Development Bank such as income restoration<br />
and assistance to vulnerable people identified during resettlement process. Women predicted the possibility <strong>of</strong><br />
domestic violence resulting from compensation, if men deny family fair access to resettlement payments and benefits<br />
or squander it on multiple new marriages. Although solution to this is provided in the Land Act where spouses must<br />
consent to and witness compensation due to the household, local leaders were encouraged to take active role in<br />
grievances management to avoid domestic violence.<br />
During consultations conducted between September 22, 2010 and January 2011, above stakeholders expressed<br />
support for the road project and willingness to participate if their involvement, as either witnesses or monitors, is<br />
sought in RAP implementation. However, a key factor indicated to influence this involvement was financial facilitation<br />
from the implementation agency (UNRA).<br />
All RAP implementation agencies would report to UNRA, which has the technical and institutional capacity to<br />
coordinate and supervise implementation <strong>of</strong> the RAP. Entities involved in RAP implementation have that mandate;<br />
some like lower local administrations (Local Councils- LC I, III) to be involved in monitoring activities will need<br />
financial facilitation for travel and lunch allowances. These costs have been provided for in the RAP implementation<br />
budget under “monitoring & evaluation.
Table 2.1: Key stakeholders identified with their corresponding mandate and roles<br />
Category Stakeholder Mandate Potential role Marginalized? Key?<br />
Government-National Water Resources Management Directorate<br />
(WRMD) in Ministry <strong>of</strong> Water &<br />
Environment<br />
Permitting water abstraction<br />
and construction <strong>of</strong><br />
infrastructure across<br />
watercourses<br />
Ministry <strong>of</strong> Works & Transport, MoWT Lead agency on roads in<br />
Uganda<br />
Petroleum Supply Department in Ministry Permits transportation and<br />
<strong>of</strong> Energy & Mineral Development<br />
storage <strong>of</strong> petroleum products<br />
Occupational Health & Safety Department Inspects quality <strong>of</strong> occupational<br />
in Ministry <strong>of</strong> Gender, Labour & Social health and safety in workplace<br />
Development<br />
environment<br />
National Forestry Authority, NFA Oversees management and<br />
conservation <strong>of</strong> forests<br />
Department <strong>of</strong> Museums and Monuments, Preservation <strong>of</strong> artefacts and<br />
DMM<br />
antiquities <strong>of</strong> cultural heritage<br />
value<br />
Government-Local Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and<br />
Kiryandongo District Local Governments<br />
Local Council Leaders (LC I-V)<br />
Local Communities<br />
along road<br />
Communities along entire road (meetings<br />
were held in trading centres and villages)<br />
Vulnerable Groups These include disabled persons, elderly,<br />
women, or people who admitted being<br />
terminally ill (especially <strong>of</strong> HIV/AIDS)<br />
Institutions, NGOs,<br />
CBOs<br />
Churches, schools, CBOs and NGOs along<br />
the road<br />
Have jurisdiction over project<br />
areas<br />
Receive project, own land/<br />
property affected by road<br />
project<br />
Mobilise communities, provide<br />
social services<br />
Issue permit for contractor to abstract water<br />
and permit for bridge construction<br />
MoWT develops and overseas road sector<br />
policies<br />
Will issue contractor permit for onsite fuel<br />
storage<br />
Inspection <strong>of</strong> labour conditions during road<br />
construction<br />
Permits road work through central forest<br />
reserve.<br />
Salvage <strong>of</strong> “chance-finds”; monitoring major<br />
excavations to ensure resources <strong>of</strong> cultural<br />
heritage value are not destroyed<br />
Political goodwill; community sensitization;<br />
monitoring construction activities<br />
Project recipients; provide construction labour;<br />
land for road<br />
Community mobilisation, cooperation with<br />
UNRA on provision <strong>of</strong> services e.g. HIV/AIDS<br />
awareness during road construction<br />
P a g e | 26<br />
No Yes, since water use<br />
inevitable during road<br />
construction and several<br />
bridges will be built<br />
No Yes<br />
No Yes<br />
No Yes<br />
No Yes<br />
No Yes<br />
No Yes<br />
Some vulnerable<br />
Yes<br />
project-affected<br />
persons could be<br />
encountered<br />
Yes (usually) Yes<br />
No Yes
General public:<br />
� People in project area, not necessarily ones affected by<br />
the road project<br />
� Affected communities along road<br />
� Schools and other learning institutions,<br />
� Healthcare facilities<br />
LESS IMPACTED<br />
UPON<br />
Opinion formers:<br />
� Churches leaders,<br />
� CBOs and NGOs<br />
Figure 2.1 Stakeholder analysis grid<br />
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MORE INFLUENCE<br />
Information giving<br />
Information gathering Consultation<br />
LESS INFLUENCE<br />
Dialogue<br />
� Vulnerable Groups<br />
� Project District Local Governments<br />
� Local Council Leaders (LC I-V)<br />
Government departments<br />
P a g e | 28<br />
MORE IMPACTED<br />
UPON<br />
� National Forestry Authority, NFA<br />
� Ministry <strong>of</strong> Works & Transport<br />
� Ministry <strong>of</strong> Energy & Mineral Development<br />
� Ministry <strong>of</strong> Lands, Housing & Urban Development<br />
� Project District Local Governments<br />
� Project District Land Boards<br />
� Uganda Land Commission
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3 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS<br />
3.1 PROJECT DESCRIPTION<br />
The road section to be funded by AfDB (Figure 3.1) is <strong>Kigumba</strong> - Bulima (69 km) and Bulima - <strong>Kabwoya</strong> (66 km)<br />
in Western Uganda. This stretch is part <strong>of</strong> the entire road from Kyenjojo to <strong>Kigumba</strong> through the Districts <strong>of</strong><br />
Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo. The entire road is subdivided into three links: Kyenjojo–<strong>Hoima</strong><br />
(150.5 km), <strong>Hoima</strong>-<strong>Masindi</strong> (54 km) and <strong>Masindi</strong> – <strong>Kigumba</strong> (33 km).<br />
The proposed project road is categorized as a Class II bitumen road and will have a road reserve <strong>of</strong> 30 m in rural<br />
areas and 20 m in urban areas including trading centres. Kyenjojo - <strong>Hoima</strong> section passes through Kibaale<br />
District and this stretch lies in hilly and rolling terrain with dense forest reserves in Kibaale district and parts <strong>of</strong><br />
<strong>Hoima</strong> district. There are two bridges along this link: Muzizi Bridge constructed from reinforced concrete and<br />
Nkusi Bridge which is a Bailey bridge. Various trading centres along the road are indicated in Table 3.1.<br />
Table 3.1: Trading centres along road<br />
Kyenjojo to <strong>Hoima</strong> <strong>Hoima</strong> to <strong>Kigumba</strong><br />
1. Kagadi Town Council 19. <strong>Hoima</strong> Town Council<br />
2. Kinyara trading centre 20. Apiida trading centre<br />
3. Katooke trading centre 21. Kyakapeya trading centre<br />
4. Katara trading centre 22. Kakindo trading centre<br />
5. Kamutunsi trading centre 23. Kyabigambire trading centre<br />
6. Nyanseke trading centre 24. Bulindi trading centre<br />
7. Muhurro trading centre 25. Bulima trading centre<br />
8. Kyenzige trading centre 26. Bwijanga trading centre<br />
9. Mabale trading centre 27. Ikoba trading centre<br />
10. Paacwa trading centre 28. Bujenje trading centre<br />
11. Karama trading centre 29. Nyamigisa trading centre<br />
12. Kabwooya trading centre 30. Pakanyi trading centre<br />
13. Kayigo trading centre 31. Nyambindo trading centre<br />
14. Munteme trading centre 32. Nyakabale trading centre<br />
15. Nyati trading centre 33. Kizibu trading centre<br />
16. Buhimba trading centre 34. <strong>Kigumba</strong> Town Council<br />
17. Buswekera trading centre<br />
18. Kasingo trading centre<br />
The existing road has uneven width varying between 3.0 and 7.0 m and the ground material on the road varies<br />
between laterite gravel and a mixture <strong>of</strong> laterite and sand with rock outcrops at various points. Geometrical<br />
alignment <strong>of</strong> existing road is sub-standard, drainage inadequate and the running surface poorly maintained in<br />
most areas. The existing geometrical elements include:<br />
� Inconsistent road alignment due to difficult terrain<br />
� Inadequate cross-falls and super- elevations<br />
� Poor visibility splays<br />
� Inconsistent traffic speeds, costly and unreliable journey times.
Legend:<br />
Kyenjojo - <strong>Hoima</strong> 150.5 km Section to be funded by AfDB<br />
<strong>Hoima</strong> - <strong>Masindi</strong> 54 km<br />
<strong>Masindi</strong> - <strong>Kigumba</strong> 33 km<br />
Figure 3.1 Location <strong>of</strong> the project road and its connection to road network in the region<br />
The proposed upgrade has three objectives:<br />
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� Provide a strategic link between the northern corridor (specifically south western Uganda, Rwanda and<br />
Burundi and eastern DRC) and the Kampala-Gulu-Juba corridor.<br />
� Provide a high standard road for the expected increase in transport <strong>of</strong> oil and refined products from<br />
<strong>Masindi</strong> to <strong>Hoima</strong> and from <strong>Hoima</strong> to Kyenjojo.<br />
� Improve access to markets, social and health services and employment possibilities for residents within<br />
the zone <strong>of</strong> influence <strong>of</strong> the proposed road.<br />
3.2 PROJECT AREA OF INFLUENCE<br />
The area <strong>of</strong> influence denotes the zone which will be most affected by the project. To understand potential<br />
impacts and design appropriate mitigation measures, the areas under project’s zone <strong>of</strong> influence (zoi) have been<br />
mapped. The zone <strong>of</strong> influence is that area which will receive primary impacts resulting from project activities.<br />
Width <strong>of</strong> a corridor to be studied depends on legal requirements and the predicted extent <strong>of</strong> the impacts identified
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during the project scoping. Corridor widths range from 100 m to 10 km for green-field (or new) roads 1 . The study<br />
considered a 2-km direct impact area/ zone <strong>of</strong> influence for primary impacts. However, secondary impacts could<br />
take on a wider spatial local, national or even regional extent. The 2-km impact zone <strong>of</strong> influence was considered<br />
for this project based on the most probable extent <strong>of</strong> direct impacts especially during the construction phase,<br />
namely: accidents, dust plumes, noise, sources <strong>of</strong> construction labour and social effects, for example influx <strong>of</strong><br />
people seeking construction jobs. The proposed road project is shown in Figures 3.2.<br />
Figure 3.2 Location <strong>of</strong> the proposed road through the project districts<br />
3.4 PROJECT PROPONENT AND FUNDING AGENCY<br />
The proponent and funding agency <strong>of</strong> this project is Uganda Government through Uganda National <strong>Road</strong>s<br />
Authority (UNRA) with contact detail below:<br />
Executive Director,<br />
UGANDA NATIONAL ROADS AUTHORITY,<br />
P. O. Box 28487, Kampala, Uganda, Plot 11, Yusuf Lule <strong>Road</strong>, Kampala<br />
1 <strong>Road</strong>s and the environment: A Handbook /edited by Christopher Hoban and Koji Tsunokawa. (World Bank technical paper<br />
No. 376) 1997. ISBN 0-8213-4031-X, pg5.<br />
Section to be funded by AfDB
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4 LEGAL AND INSTITUTIONAL FRAMEWORK<br />
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Uganda Government requires that compensation is paid to affected entities if a project would damage structures<br />
and other property, or take private land. The same requirement is also articulated by policies <strong>of</strong> the <strong>African</strong><br />
Development Bank (the funding agency <strong>of</strong> this project), key <strong>of</strong> which in regard to this RAP is the Policy on<br />
Involuntary Resettlement (2003). Sections below discuss the legal and institutional set up governing this RAP.<br />
The legal section summarises entities, laws and regulations relating to implementation <strong>of</strong> resettlement activities<br />
and legal set up associated with effective implementation <strong>of</strong> the RAP including recognition the claim to land<br />
rights under various tenure systems. The institutional section provides arrangements, resources and inter-agency<br />
cooperation necessary to implement this RAP. The RAP will be implemented by UNRA and the institutional<br />
section therefore evaluates the capacity <strong>of</strong> this agency<br />
4.1 LEGAL FRAMEWORK<br />
Land take refers to acquiring <strong>of</strong> land for some public purpose by government agency, as authorised by the law<br />
from land owner(s) after paying compensation for losses incurred by land owner(s) due to surrendering their<br />
land. For land take and displacement <strong>of</strong> people, specific attention is drawn to two Ugandan laws that will be<br />
applicable to land tenure, compensation and resettlement in this project, namely:<br />
� The Constitution <strong>of</strong> the Republic <strong>of</strong> Uganda, 1995<br />
� The Land Act, Cap 227<br />
4.1.1 The Constitution <strong>of</strong> the Republic <strong>of</strong> Uganda (1995)<br />
This gives government and local authorities a statutory power <strong>of</strong> compulsory acquisition <strong>of</strong> land in public interest<br />
and makes provision; inter alia, for “prompt payment <strong>of</strong> fair and adequate compensation” prior to the taking <strong>of</strong><br />
possession <strong>of</strong> any privately-owned property.<br />
Such compensation is assessed in accordance with the valuation principles laid out in Section 78 <strong>of</strong> the Land Act<br />
(Cap 227), briefly outlined below:<br />
� The value for customary land is the open market value <strong>of</strong> unimproved land;<br />
� The value <strong>of</strong> buildings on the land is taken at open market value for urban areas, and depreciated<br />
replacement cost for rural areas;<br />
� The value <strong>of</strong> standing crops on the land is determined in accordance with the district compensation<br />
rates established by respective District Land Board. Annual crops which could be harvested during the<br />
period <strong>of</strong> notice to vacate given to the landowner or occupier <strong>of</strong> the land are excluded in determining<br />
compensation values;<br />
� In addition to the total compensation assessed, there is a disturbance allowance paid <strong>of</strong> 15% or, if less<br />
than six months’ notice to vacate is given, 30% <strong>of</strong> the total sum assessed.<br />
4.1.2 The Land Act, Cap 227<br />
This addresses four issues namely; holding, control, management and land disputes. In regard to tenure, the Act<br />
repeats (in Section 3) provisions <strong>of</strong> Article 237 <strong>of</strong> the Constitution which vests all land ownership in the citizens <strong>of</strong><br />
Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act<br />
provides for acquisition <strong>of</strong> land or rights to use land for execution <strong>of</strong> public works.
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Regarding control <strong>of</strong> land, the Act reaffirms the statutory power <strong>of</strong> compulsory acquisition conferred on the<br />
government and local authorities under articles 26 (2) and 237(2) (a) <strong>of</strong> the Constitution (Section 43). Since the<br />
Act does not repeal the Land Acquisition Act No. 14 <strong>of</strong> 1965, it is assumed that this legislation, meets<br />
requirements <strong>of</strong> Article 26(2) <strong>of</strong> the Constitution that requires a law to be in place for payment <strong>of</strong> compensation<br />
and access to courts. The Act also requires that landowners manage and utilize land in accordance with<br />
regulatory land use planning (Sections 44 and 46).<br />
Section 77(2) <strong>of</strong> the revised edition (2000) <strong>of</strong> the Land Act 1998 provides for a disturbance allowance on top <strong>of</strong><br />
the computed compensation amount as shown below:<br />
� 30% <strong>of</strong> compensation amount if quit notice is given within 6 months.<br />
� 15% <strong>of</strong> compensation amount if quit notice is given after 6 months.<br />
The foregoing laws form the basis <strong>of</strong> compensation requirements necessary to fulfil Uganda’s regulatory<br />
requirements.<br />
4.1.3 The Local Government Act (1997)<br />
Local Government Act 1997 provides for a system <strong>of</strong> Local Governments based on the District. Under the District<br />
there are lower Local Governments and administrative units. This system provides for elected Councils whereby<br />
chairmen nominate the executive committee <strong>of</strong> each council, functions <strong>of</strong> which include:<br />
� Initiating and formulating policy for approval by council;<br />
� Overseeing the implementation <strong>of</strong> Government and Council policies, and monitoring and coordinating<br />
activities <strong>of</strong> Non-Government Organizations in the district; and<br />
� Receiving and solving disputes forwarded to it from lower local governments.<br />
Because local leaders participate in above roles and will be crucial not only during compensation process but<br />
also project implementation, this law is important.<br />
4.1.4 Land Acquisition Act (1965)<br />
This Act makes provision for procedures and method <strong>of</strong> compulsory acquisition <strong>of</strong> land for public purposes<br />
whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter<br />
upon the land, survey the land, dig or bore the subsoil or any other actions necessary for ascertaining whether<br />
the land is suitable for a given public purpose. However, compensation should be paid to any person who suffers<br />
damage as a result <strong>of</strong> such actions.<br />
The Land Acquisition Act stops at payment <strong>of</strong> compensation to the affected people. In Uganda, it is not a legal<br />
requirement for a project to purchase alternative land for affected people. Once affected people are promptly and<br />
adequately compensated, the project proponent’s obligations stop at this extent and there is no legal requirement<br />
that people should be moved or provided with alternative land. In Ugandan legal context, once people are<br />
compensated, they are expected to vacate affected properties without further claim.<br />
4.1.5 The Access to <strong>Road</strong>s Act (1965)<br />
This Act seeks that a private landowner who has no reasonable means <strong>of</strong> access to public highway may apply<br />
for leave to construct a road <strong>of</strong> access to a public highway. This law also establishes a mechanism <strong>of</strong> applying<br />
for such access. It also establishes a legal regime to ensure the safety <strong>of</strong> the neighbouring environment.<br />
The Act permits an owner <strong>of</strong> land who is unable through negotiations to obtain leave from adjoining land owners<br />
to construct a road <strong>of</strong> access to the public highway, to apply to a magistrate for leave to construct a road <strong>of</strong>
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access over any land lying between his land and the public highway. This law also provides for means by which<br />
an order for the construction <strong>of</strong> an access road can be revoked.<br />
The Act further provides for maintenance <strong>of</strong> the access road in a good and efficient state <strong>of</strong> repair, and for<br />
payment <strong>of</strong> compensation in respect <strong>of</strong> the use <strong>of</strong> the land, the destruction <strong>of</strong> crops <strong>of</strong> trees and such other<br />
property. This law may be invoked by property owners who may be cut <strong>of</strong>f from the new road in places where<br />
alignment <strong>of</strong> existing road is changed from original location.<br />
4.1.6 The <strong>Road</strong>s Act (1964)<br />
The <strong>Road</strong>s Act <strong>of</strong> 1964 is a critical piece <strong>of</strong> legislation with respect to road development projects in Uganda. It<br />
defines a road reserve as that area bounded by imaginary lines parallel to and not more than fifty feet distant<br />
from the centerline <strong>of</strong> any road. The Act prohibits erection <strong>of</strong> buildings or planting permanent crops within a road<br />
reserve.<br />
The Minister or, with the consent <strong>of</strong> the Minister, a District Commissioner (currently referred to as “Chief<br />
Administrative Officer”), in relation to any road within or passing through any government town or an<br />
administrator in respect <strong>of</strong> any area not being in a government town, may by order: -<br />
� Prescribe the line in which buildings shall be erected in such town or area, or;<br />
� Prescribe distance from the centre <strong>of</strong> the road within, which no building shall be erected in such town or<br />
area.<br />
The road authority is required to give written notice to the owner or occupier <strong>of</strong> land on which prohibited activities<br />
have been carried out so as:<br />
� To pull down or remove the building or structures; or<br />
� To cut down or uproot trees or crops;<br />
The Act allows the road authority to dig and take away materials required for construction and maintenance <strong>of</strong><br />
roads in any part <strong>of</strong> a road reserve approved by the local government authority without payment to any person.<br />
For the forgoing reasons, this law is relevant to the proposed project.<br />
4.1.7 Land Tenure Regimes and Transfer <strong>of</strong> Land<br />
Article 237 <strong>of</strong> the Constitution, 1995, vests land ownership in the citizens <strong>of</strong> Uganda and identifies four land<br />
tenure systems, namely: customary; freehold; mailo; and leasehold. The incidents <strong>of</strong> these systems are detailed<br />
under Section 4 <strong>of</strong> the Land Act (Cap 227). Those relevant to the road project are:<br />
� This tenure is governed by rules generally accepted as binding and authoritative by the class <strong>of</strong> persons<br />
to which it applies. In other words customary regime is not governed by written law.<br />
� Land is owned in perpetuity.<br />
� Customary occupants occupy former public land, and occupy land by virtue <strong>of</strong> their customary rights;<br />
they have proprietary interest in the land and are entitled to certificates <strong>of</strong> customary ownership which<br />
may be acquired through application to the Parish Land Committee and eventual issuance by the<br />
District Land Board.<br />
4.1.7.2 Freehold tenure<br />
� This tenure derives its legality from the Constitution <strong>of</strong> Uganda and its incidents from the written law.<br />
� 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 <strong>of</strong> ownership.<br />
4.1.8 Leasehold tenure<br />
This tenure system is:<br />
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� Created either by contract or by operation <strong>of</strong> the law;<br />
� A form under which the landlord <strong>of</strong> lessor grants the tenant or lessee exclusive possession <strong>of</strong> the land,<br />
usually for a period defined and in return for a rent;<br />
� The tenant has security <strong>of</strong> tenure and a proprietary interest in the land.<br />
Although only these latter forms <strong>of</strong> tenure are legally defined under the Land Act, the context <strong>of</strong> common law also<br />
recognizes the statute <strong>of</strong> “Licensee” or “Sharecroppers”, these terms having similar meanings in practice.<br />
Licensees are persons granted authority to use land within for agricultural production. Traditionally, such<br />
production would be limited to annual crops. Licensees have no legal security <strong>of</strong> tenure or any propriety right in<br />
the land. Their tenure is purely contractual.<br />
4.1.9 Right <strong>of</strong> spouse and children<br />
The rights <strong>of</strong> spouse and children are protected under the Constitution <strong>of</strong> Uganda and the Land Act (Cap 227).<br />
The consent <strong>of</strong> spouse and children must be acquired prior to any transaction by the head <strong>of</strong> household on land<br />
on which the family ordinarily resides.<br />
Section 40 <strong>of</strong> the Land Act, 1998 requires that no person shall:<br />
a. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale,<br />
exchange, transfer, pledge, mortgage or lease <strong>of</strong> any land;<br />
b. Give away any land inter vivos, or enter into any transaction in respect <strong>of</strong> land:<br />
� In the case <strong>of</strong> land on which the person ordinarily resides with his or her spouse, and from which<br />
they derive their sustenance, except with the prior written consent <strong>of</strong> the spouse;<br />
� In the case <strong>of</strong> land on which the person ordinarily resides with his or her dependent children <strong>of</strong><br />
majority age, except with the prior written consent <strong>of</strong> the dependent children <strong>of</strong> majority age;<br />
� In the case <strong>of</strong> land on which the person ordinarily resides with his or her dependent children<br />
below the majority age, except with the prior written consent <strong>of</strong> the Committee 1 ;<br />
� In the case <strong>of</strong> land on which ordinarily reside orphans below majority age with interest in<br />
inheritance <strong>of</strong> the land, except with prior written consent <strong>of</strong> the Committee.<br />
4.1.10 Local Governments Act, Cap 243<br />
This Act provides for decentralized governance and devolution <strong>of</strong> central government functions, powers and<br />
services to local governments that have own political and administrative set-ups. Districts have powers to<br />
oversee implementation <strong>of</strong> development activities. They also have units such as District Land Tribunals<br />
responsible for solving complaints that arise from land acquisition valuations and compensation payments.<br />
According to Section 9 <strong>of</strong> the Act, a local government is the highest political and administrative authority in its<br />
area <strong>of</strong> jurisdiction and shall exercise both legislative and executive powers in accordance with the Constitution.<br />
1 “Committees” are defined under Section 65 <strong>of</strong> the Land Act ; they are Parish Land Committees.
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District Local Governments, through which the road passes, namely: Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and<br />
Kiryandongo will be key stakeholders in RAP implementation and monitoring.<br />
4.1.11 The Persons with Disability Act, (2006)<br />
The Government published its National Policy on Disability in February, 2006. It states that “four in every 25<br />
persons in Uganda are persons with disabilities”. Thus, the disability fraternity appreciates that by enacting the<br />
disability policy and other relevant pieces <strong>of</strong> legislation, the government <strong>of</strong> Uganda is fulfilling its constitutional<br />
obligation <strong>of</strong> addressing the plight <strong>of</strong> people with disabilities (NUDIPU, 2007).<br />
The strategic objective <strong>of</strong> this policy is "promoting equal opportunities and enhanced empowerment, participation<br />
and protection <strong>of</strong> rights <strong>of</strong> persons with disabilities (PWDs) irrespective <strong>of</strong> gender, age and type <strong>of</strong> disability".<br />
Article 16 recognizes the rights <strong>of</strong> persons with disability and states that the "Society and the State shall<br />
recognize the right <strong>of</strong> persons with disability to respect and human dignity". This law is relevant to the proposed<br />
project and the proposed road should have provision that allows access and movement <strong>of</strong> pedestrians, including<br />
persons with disabilities.<br />
4.2 REQUIREMENTS OF AfDB<br />
4.2.1 Requirements <strong>of</strong> AfDB<br />
The proposed road project will trigger the AfDB “Involuntary Resettlement” policy in so far as road upgrade will<br />
involve involuntary land acquisition. The AfDB’s involuntary resettlement policy <strong>of</strong> 2003 stipulates and considers<br />
among other things;<br />
“a category <strong>of</strong> displaced persons who have no recognisable legal right or claim to the land they are<br />
occupying in the project area will be entitled to resettlement assistance in lieu <strong>of</strong> compensation for land.<br />
Nevertheless at the minimum, under the bank’s policy (with no contradiction to the borrower’s<br />
legislation), land, housing and infrastructure will be provided to the adversely affected population,<br />
including indigenous groups, ethnic, religious and linguistic minorities, and pastoralists who may have<br />
usufruct rights to the land or other resources taken for the project”.<br />
The primary goal <strong>of</strong> the involuntary resettlement policy therefore is to ensure that displaced people are treated<br />
equitably, and that they share in the benefits <strong>of</strong> the project that involves their resettlement. The objectives <strong>of</strong> the<br />
policy are to ensure that the disruption <strong>of</strong> the livelihood <strong>of</strong> people in the project’s area is minimized, ensure that<br />
the displaced persons receive resettlement assistance so as to improve their living standards.<br />
The bank puts people at the centre <strong>of</strong> development. Hence in all operations the Bank pays a close attention to<br />
projects that may result in the displacement and resettlement <strong>of</strong> people, particularly when they are the<br />
disadvantaged group such as elderly and children, female headed households, the poorest and the marginalized<br />
communities. The involuntary policy therefore helps to further reinforce the bank’s vision <strong>of</strong> which poverty<br />
reduction is an overarching objective.<br />
AfDB has several safeguard policies applicable to the project, namely:<br />
1. Involuntary Resettlement Policy, 2003,<br />
2. Policy and Guidelines on Cooperation with Civil Society Organizations 1999;<br />
3. <strong>African</strong> Development Bank Group Policy on the Disclosure <strong>of</strong> Information, 2005;<br />
4. The Gender Policy, 2001;<br />
5. Environmental and Social Assessment Procedures for Public Sector Operations 2001;<br />
6. <strong>African</strong> 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.<br />
i) AfDB Policy on Involuntary Resettlement, 2003<br />
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The primary goal <strong>of</strong> the involuntary resettlement policy is to ensure that when people must be displaced they are<br />
treated equitably, and that they share in the benefits <strong>of</strong> the project that involves their resettlement. The objectives<br />
<strong>of</strong> the policy are to ensure that the disruption <strong>of</strong> the livelihood <strong>of</strong> people in the project’s area is minimized, ensure<br />
that the displaced persons receive resettlement assistance so as to improve their living standards, provide<br />
explicit guidance to Bank staff and to borrowers, and set up a mechanism for monitoring the performance <strong>of</strong> the<br />
resettlement programs. Most importantly, the resettlement plan should be prepared based on a development<br />
approach that addresses issues <strong>of</strong> livelihood and living standards <strong>of</strong> displaced persons as well as compensation<br />
for loss <strong>of</strong> assets, using a participatory approach at all stages <strong>of</strong> project design and implementation.<br />
Compensation at the full replacement cost for loss <strong>of</strong> lands and other assets should be paid prior to projects<br />
implementation with the view to improve the former living standards, income earning capacity and production<br />
levels <strong>of</strong> the affected population. The improvement <strong>of</strong> these living standards should also apply to host<br />
communities. In addition, the needs <strong>of</strong> disadvantaged groups (landless, female headed households, children,<br />
elderly, minority ethnic, religious and linguistic groups, etc.) must be at the centre <strong>of</strong> the development approach.<br />
Resettlement associated with the proposed road project has been addressed in a separate document- the<br />
Resettlement Action Plan (RAP).<br />
It is expected that most affected home owners would have some land to reconstruct their dwellings a little back<br />
from affected locations. Conversely, due to linear settlement pattern along roads and small size <strong>of</strong> commercial<br />
land parcels (plots) in towns and trading centres, this may not always be possible and affected persons would<br />
have to relocate to new plot <strong>of</strong> land but still within town. There is thus little possibility that a large population <strong>of</strong><br />
PAPs would be relocated to an entirely new host community.<br />
ii) AfDB’s Policy and Guidelines on Cooperation with Civil Society Organizations 1999<br />
Civil society organisations (CSOs) extend beyond NGOs to encompass people's organizations, trade unions,<br />
human rights bodies, religious groups, community-based organizations, policy advocacy bodies, associations <strong>of</strong><br />
business and pr<strong>of</strong>essional people. The <strong>African</strong> Development Bank has recognized the importance <strong>of</strong> such<br />
organizations in achieving sustainable development. In its 1999 Vision statement and elsewhere, the Bank has<br />
clearly stated its commitment to participatory practices and constructive engagement with civil society as<br />
responsible and promising ways forward. The Bank, in pursuing its development goals and objectives, will draw<br />
on the knowledge, contacts, experience, and delivery capacity <strong>of</strong> individual CSOs and networks. Where they<br />
possess necessary skills and experience, CSOs may be involved as volunteers or as contracted agents.<br />
Effective CSO participation, starting in the ‘up-stream’ stages is expected throughout the project cycle.<br />
The bank puts people at the centre <strong>of</strong> development. Hence in all operations the Bank pays a close attention to<br />
projects that may result in the displacement and resettlement <strong>of</strong> people, particularly when they are the<br />
disadvantaged group such as elderly and children, female headed households, the poorest and the marginalized<br />
communities. AfDB policy seeks to promote participation <strong>of</strong> affected people in resettlement planning and<br />
implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at<br />
least restore their incomes and standards <strong>of</strong> living after displacement. This policy aims to avoid involuntary<br />
resettlement to the extent feasible, or to minimize its adverse social and economic impacts.<br />
iii) AfDB’s Policy on Disclosure <strong>of</strong> Information, 2005<br />
In December, 1997, the Boards <strong>of</strong> Directors approved a policy for Public Disclosure <strong>of</strong> Information which<br />
established the procedures and the types <strong>of</strong> information for disclosure in the absence <strong>of</strong> compelling reasons for<br />
confidentiality. The Bank Group’s Policy on Disclosure <strong>of</strong> Information became effective in 1998. The policy was<br />
based on the principle that the Bank Group should be open and transparent in its operations. The main lessons<br />
from the implementation <strong>of</strong> the 1997 policy is that many institutions, civil groups and individuals have come to<br />
understand, appreciate and get involved in the work <strong>of</strong> the Bank Group. There has also been increased demand
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for disclosure <strong>of</strong> Bank Group documents and information on its activities. This RAP report prepared for the<br />
proposed project has been disclosed as shown in Annex 7.<br />
4.3 INSTITUTIONAL RESPONSIBILITIES<br />
The main actors to be involved in carrying out resettlement and/or compensation as required in the upgrading <strong>of</strong><br />
the road are discussed in the sub-sections below while their roles are outlined in Table 4.1.<br />
4.3.1 Ministry <strong>of</strong> Works and Transport<br />
Government <strong>of</strong> Uganda and development partners requires preparation <strong>of</strong> a Resettlement Action Plan for road<br />
development projects. This is done to ensure equitable compensation and minimize social disruptions or<br />
negative effects on people’s livelihoods arising from construction <strong>of</strong> roads. Compensations assist PAPs to<br />
restore their livelihood. During RAP implementation, MoWT would mainly be involved in supervision and ensuring<br />
compliance with policies <strong>of</strong> the transport sub-sector.<br />
4.3.2 Ministry <strong>of</strong> Lands, Housing and Urban Development<br />
The Chief Government Valuer in the Valuation Division in the Ministry <strong>of</strong> Housing and Urban Development is<br />
responsible for approving the Valuation Roll. This demands fair and transparent compensation and as such all<br />
property valued are first inspected by the Chief Government Valuer. Chief Government Valuer’s <strong>of</strong>fice is also<br />
involved in resolving public complaints that arise from valuation for land acquisition and compensation payments.<br />
4.3.3 Uganda National <strong>Road</strong>s Authority (UNRA)<br />
This RAP will be implemented by UNRA in conjunction with respective district local governments (Kyenjojo,<br />
Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo Districts and village-level local councils) and key implementation<br />
processes will include: (a) payment <strong>of</strong> compensation to affected people; (b) rehabilitation assistance to<br />
vulnerable people identified in this RAP or by local leaders/RAP implementation unit; (c) possible jobs as<br />
employees on the road rehabilitation project; (d) monitoring and evaluation.<br />
The overall implementation responsibility will be <strong>of</strong> UNRA through the Resident Engineer and appointed<br />
consultant. UNRA will ensure that PAPs have adequate time to replace their assets and will work with such<br />
affected persons to ensure they are able to achieve this before expiry <strong>of</strong> notice to vacate their affected<br />
properties. UNRA will make available financial resources necessary to meet compensation and resettlement<br />
costs, as well as additional actions necessary to satisfy AfDB guidelines.<br />
4.3.4 District Local Governments<br />
All the districts traversed by the road (Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo), like all other Uganda<br />
districts, have five levels <strong>of</strong> local councils (LCs), namely: District, County, Sub-county, Parish and Village these<br />
are referred to as LC5, LC4, LC3, LC2 and LC1 respectively. Local Councils are responsible for local policy<br />
matters, economic development, resolving local conflicts and providing orderly leadership and democratic<br />
practices at the grass roots level in their respective areas. The system has facilitated mass participation in<br />
government affairs and awakened the rural population to their rights <strong>of</strong> citizenship and obligations particularly<br />
regarding involvement in development programs and projects. In the project-affected area LC1s and LC3s are<br />
very active and directly interact with the affected population. These councils will thus be helpful during the<br />
identification <strong>of</strong> rightful property owners and resolving compensation grievances.<br />
4.3.5 District Land Boards<br />
District Land Boards set compensation rates for crop and semi-permanent structures. Therefore it is <strong>of</strong>ten<br />
important that RAP implementation involves participation <strong>of</strong> district land boards. In this regard, Kyenjojo, Kibaale,
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<strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandongo district land boards will have roles <strong>of</strong> overseeing appropriation <strong>of</strong> district land;<br />
facilitating registration and transfer <strong>of</strong> interests in land.<br />
Note that in performance <strong>of</strong> its functions, district land boards are independent <strong>of</strong> the Uganda Land Commission<br />
but takes into account national and district council policy on land.<br />
4.3.6 Uganda Land Commission<br />
The Uganda Land Commission holds and manages land in Uganda vested in or acquired by Government <strong>of</strong><br />
Uganda and would be involved where such land is affected by the proposed road project.<br />
4.3.7 Private Sector Entities<br />
RAP implementation will entail involvement <strong>of</strong> private sector consultants hired by UNRA for verification and<br />
actual payment <strong>of</strong> compensation to PAPs. These entities are not known at this time since they will be hired<br />
through competitive bidding as per Uganda’s procurement laws.<br />
All foregoing institutions are considered to have sufficient skills to undertake their respective tasks, which for<br />
government ministries/ agencies are within their mandate. LCs however would need facilitation to enable their<br />
active participation in project activities.<br />
4.3.8 National Forestry Authority, NFA<br />
All gazetted forests in Uganda are managed by NFA and Sector (District) Offices <strong>of</strong> this institution will be<br />
stakeholders if any loss <strong>of</strong> trees protected national forest reserves (e.g. Kagombe Central Forest Reserve on the<br />
northern bank <strong>of</strong> River Muzizi) occurred.<br />
Institutions and their roles during implementation <strong>of</strong> this RAP are provided in Table 4.1 below.<br />
Table 4.1: Institutional roles in RAP implementation<br />
Agency Roles Capacity needs<br />
1 Ministry <strong>of</strong> Lands, � Chief Government Valuer (CGV) in the Valuation This ministry has adequate<br />
Housing and Urban<br />
Division in this ministry will be responsible for capacity and institutional<br />
Development<br />
approving the valuation roll.<br />
mandate.<br />
� CGV inspects all affected property before granting<br />
final approval for compensation <strong>of</strong> affected assets.<br />
� Will be important party in grievance redress.<br />
2 Ministry <strong>of</strong> Works & During RAP implementation, MoWT would mainly be MoWT has adequate<br />
Transport<br />
involved in supervision and ensuring compliance with capacity and institutional<br />
policies <strong>of</strong> the transport sub-sector.<br />
mandate.<br />
3 UNRA<br />
� As project proponent and implementation agency, UNRA has capacity to<br />
UNRA is fully responsible for resource mobilization,<br />
supervising compensation payment and grievance<br />
management.<br />
execute its roles.<br />
� Co-coordinating all agencies involved in<br />
resettlement activities.<br />
4 Project District Local � Local Councils will be important in identification <strong>of</strong> Will need financial support<br />
Governments<br />
property owners,<br />
from UNRA.<br />
(Kyenjojo, Kibaale,<br />
<strong>Hoima</strong>, <strong>Masindi</strong> and<br />
Kiryandongo)<br />
� Resolving resettlement grievances,
Agency Roles Capacity needs<br />
5 District Land Boards<br />
and other relevant<br />
district <strong>of</strong>fices<br />
6 Uganda Land<br />
Commission (ULC)<br />
7 Private Sector Entities<br />
including NGOs<br />
8 National Forestry<br />
Authority, NFA<br />
9 Power distribution<br />
company<br />
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� District Land Boards in <strong>Hoima</strong>, <strong>Masindi</strong> and<br />
<strong>Kigumba</strong> districts set compensation rates for crop<br />
and semi-permanent structures and their<br />
involvement in RAP implantation might not only<br />
entail explaining basis <strong>of</strong> the rates but also<br />
involvement in resolving grievances associated with<br />
prevailing compensation rates.<br />
� Oversee appropriation <strong>of</strong> district land,<br />
� Facilitate registration and transfer <strong>of</strong> interests in<br />
land,<br />
� Monitor implementation <strong>of</strong> resettlement,<br />
� And be part <strong>of</strong> Grievance Committee<br />
� Oversee appropriation <strong>of</strong> land owned by<br />
Government <strong>of</strong> Uganda<br />
� Independent observe and monitoring <strong>of</strong><br />
resettlement activities.<br />
� Grievance resolution.<br />
Custodian <strong>of</strong> compensation for trees damaged in central<br />
Might need financial<br />
support from UNRA.<br />
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ULC has capacity and<br />
regulatory mandate<br />
Might need financial<br />
support from UNRA.<br />
NFA has capacity and<br />
forest reserves (Kagombe Forest Reserve).<br />
regulatory mandate.<br />
Realign power distribution lines affected by the project It was contracted by<br />
Government to operate<br />
and maintain power<br />
distribution<br />
UNRA will maintain communication channels among these institutions or from them to itself through its (UNRA’s)<br />
Land Acquisition Specialist.<br />
4.4 VALUATION AND COMPENSATION OF ASSETS<br />
Land take, compensation and relocation were the most frequent issues <strong>of</strong> debate encountered during<br />
consultations with PAP. Hence, at the core <strong>of</strong> this RAP is an aim to ensure project development embraces<br />
equitable and appropriate compensation approaches that meet Ugandan law and international requirements.<br />
Valuation and compensation are in accordance with rates set at district level for crops and “non-permanent”<br />
structures. The rates, which are enacted by District Land Boards, are established and updated at District level. It<br />
should be noted however that, unlike for crops and semi-permanent structures, land value is not determined by<br />
districts. Permanent structures and land are valued based on market value.<br />
However, to meet AfDB requirements, in some cases, additional compensation measures were identified in order<br />
to ensure that all households improve, or at least restore, their livelihoods and standards <strong>of</strong> living. Since no<br />
household will be moved by the project, this applies to income restoration where roadside businesses are<br />
temporarily disrupted or lost.<br />
There are some gaps between Uganda and AfDB resettlement requirements (Tables 4.2). For example, while<br />
AfDB requires provision <strong>of</strong> resettlement assistance where needed, according to Uganda’s laws project<br />
proponents are not legally bound to procure alternative land nor provide relocation assistance to affected people<br />
if they provided fair financial compensation based on a legally accepted valuation process. Additionally, <strong>African</strong><br />
Development Bank does not recognize “depreciated value” for replacement <strong>of</strong> assets while Uganda’s Land Act<br />
Cap 227 (excerpted below) allows depreciated replacement cost in rural areas.<br />
The Land Act, 1998:
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1. The District Land Tribunal shall, in assessing compensation referred to in paragraph (b) <strong>of</strong><br />
subsection (1) <strong>of</strong> section 77 take into account the following:<br />
a. In the case <strong>of</strong> a customary owner, the value <strong>of</strong> land shall be the Market Value <strong>of</strong> the<br />
unimproved land;<br />
b. The value <strong>of</strong> the buildings, which shall be taken at market value in urban areas and<br />
depreciated replacement cost in rural areas;<br />
c. The value <strong>of</strong> standing crops on the land, excluding annual crops which could be harvested<br />
during the period <strong>of</strong> notice given to the owner, tenant or licensee.<br />
2. In addition to compensation assessed under this section, there shall be paid as a Disturbance<br />
Allowance <strong>of</strong> fifteen per cent or if less than six months’ notice to give vacant possession is given,<br />
thirty per cent <strong>of</strong> any sum assessed under subsection (1) <strong>of</strong> this section.
Table 4.2: Gaps between AfDB Resettlement Policy and Ugandan legislation applicable to each impact<br />
No. Impact AfDB Uganda requirement Gaps and how these will be addressed<br />
1. Project Affected Displaced people who have no recognisable legal rights Compensation should be provided to legal land owners Gap.<br />
People, PAPs<br />
or claim to the land they are occupying in the project area (including mailo land owners and kibanja owners). No<br />
will be entitled to resettlement assistance <strong>of</strong><br />
compensation is provided to land users.<br />
Project will provide compensation to legal and non-legal land<br />
compensation <strong>of</strong> land.( land, housing and infrastructure<br />
will be provided to the adversely affected population)<br />
owners, and to legal users <strong>of</strong> affected property.<br />
2. Loss <strong>of</strong> land and<br />
assets<br />
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For land owners:<br />
Compensation for land and all assets at full replacement<br />
cost, OR replacement <strong>of</strong> land at equal/ greater value and<br />
compensation for other assets.<br />
AfDB does not recognize “depreciated value” for<br />
replacement <strong>of</strong> assets (which should be replaced at<br />
“market value”).<br />
For tenants (land use holders):<br />
Compensated for assets (crops, improvements) other<br />
than land and other losses (time it takes to restore<br />
livelihood: dead time),<br />
AND<br />
Relocation assistance (including assistance in acquiring<br />
replacement land, financial payment for the cost <strong>of</strong> the<br />
relocation)<br />
Non- legal land users:<br />
Compensated for assets (crops, improvements) other<br />
than land and other losses (time it takes to restore<br />
livelihood: dead time)<br />
AND<br />
Relocation assistance (including assistance in acquiring<br />
replacement land, financial payment for the cost <strong>of</strong> the<br />
relocation)<br />
Provide additional targeted assistance and opportunities<br />
to restore/ improve livelihood.<br />
To ensure that displaced people receive resettlement<br />
assistance, preferably under the project, so that their<br />
standards <strong>of</strong> living, income earning capacity, and<br />
production levels are improved;<br />
Cash compensation based upon market value <strong>of</strong><br />
unimproved land + disturbance allowance (15%) if<br />
household is moved within 6 months (this rises to 30% if<br />
households are moved before 6 months).<br />
Uganda’s Land Act Cap 227 allows depreciated<br />
replacement cost in rural areas.<br />
Entitled to compensation based on the amount <strong>of</strong> right they<br />
hold to the land.<br />
Gap.<br />
No compensation is applicable under Ugandan legislation. Gap.<br />
Not a legal requirement in Uganda but presumed catered<br />
for by the disturbance allowance <strong>of</strong> 15-30% <strong>of</strong> the value <strong>of</strong><br />
property lost.<br />
No legislative requirement, but presumed catered for by<br />
the disturbance allowance <strong>of</strong> 15-30% <strong>of</strong> the value <strong>of</strong><br />
property lost.<br />
Market value is based on recent transactions and thus if<br />
alternative property is purchased within a reasonable period <strong>of</strong><br />
the payment <strong>of</strong> compensation, it is likely that market value will<br />
reflect replacement value. However, local inflation in price land<br />
or construction materials can affect what is determined as<br />
replacement cost. If this is not reflected in recent transactions,<br />
market value may not reflect replacement value and hence<br />
inflation will be addressed.<br />
Replacement <strong>of</strong> assets affected by this project will be done<br />
based on market value.<br />
Gap.<br />
Land owners and users will be compensated whatever the legal<br />
recognition <strong>of</strong> their tenure/occupancy. If tenants have no legal<br />
land title deed, they will be compensated for crops or any<br />
improvements they have made to the land.<br />
Relocation assistance will be provided.<br />
Non-legal land users will be considered eligible under the RAP.<br />
Gap.<br />
Livelihood restoration assistance to be provided.<br />
Gap.<br />
Transitional assistance to be provided.<br />
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No. Impact AfDB Uganda requirement Gaps and how these will be addressed<br />
3 Loss <strong>of</strong> crops and Compensation for crops, trees, and other fixed assets at Sharecroppers: Not entitled to compensation for land, Gap.<br />
trees<br />
full replacement cost and should be sufficient to enable entitled to compensation for crops.<br />
affected people to restore their standard <strong>of</strong> living after<br />
For sharecroppers and annual (seasonal) crops, the Project will<br />
resettlement.<br />
Annual (seasonal) crops: No compensation since the 3 provide time to enable these to be harvested by households.<br />
or 6-month notice is supposed to allow people to harvest Once harvested, there will be no further planting. A disturbance<br />
their annual crops.<br />
allowance will be paid to overcome any time delays and any lost<br />
benefit as a result <strong>of</strong> the delays.<br />
4 Loss <strong>of</strong> structures<br />
and other<br />
improvements<br />
(fences, etc)<br />
including communal<br />
structures<br />
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Compensation for structures should cover full<br />
replacement cost exclusive <strong>of</strong> depreciation and inclusive<br />
<strong>of</strong> all fees (such as construction permits and title<br />
charges) and labour costs.<br />
5 Loss <strong>of</strong> business Compensate the affected business owner for the cost <strong>of</strong><br />
re-establishing commercial activities elsewhere, for lost<br />
net income during the period <strong>of</strong> transition and for costs <strong>of</strong><br />
transfer and reinstallation <strong>of</strong> the business.<br />
Resettlement planning should be based on a<br />
development approach which would involve <strong>of</strong>fering the<br />
displaced persons and host communities several<br />
development options consisting <strong>of</strong> activities to<br />
reconstruct the production foundation <strong>of</strong> the resettled and<br />
making them self-sustaining producers and wage<br />
earners.<br />
Perennial crops: Cash compensation based upon rates<br />
per square meter /bush/tree/plant established at District<br />
level plus disturbance allowance (15% or 30%). Rates are<br />
calculated as the one-year net agricultural income.<br />
Disturbance allowance is meant to compensate the re-<br />
establishment period for these crops.<br />
Owners <strong>of</strong> “Permanent” Buildings:<br />
Valuation by valuer + disturbance allowance (15%).<br />
Valuation is based on depreciated market value.<br />
Walls: classed as permanent structures, but value<br />
calculated on investment method.<br />
Owners <strong>of</strong> “Non-permanent” Buildings:<br />
Cash compensation based upon rates per square meter<br />
established at District level plus disturbance allowance<br />
(15%).<br />
Note: Rates are based on depreciated market value.<br />
Tenants <strong>of</strong> structures: repayment <strong>of</strong> unused rent, and 6<br />
months’ notice to vacate structure.<br />
Fences: barbed wire fences valued by government rate,<br />
based on the investment method.<br />
No compensation. The 6-month notice is supposed to<br />
allow people to re-establish their business.<br />
For perennial crops, compensation will be based on estimated<br />
income lost for 3 years, so as to provide replacement value. A<br />
disturbance allowance will be paid as per Uganda law.<br />
Gap.<br />
Project will provide compensation based on replacement value.<br />
This will include the payment <strong>of</strong> market value for assets and a<br />
disturbance allowance.<br />
Gap.<br />
The project will provide transition allowance to cover lost income<br />
during the period before business is up and running.<br />
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No. Impact AfDB Uganda requirement Gaps and how these will be addressed<br />
6 Loss <strong>of</strong> dwelling Provide adequate replacement housing OR cash Owners <strong>of</strong> “Permanent” Buildings:<br />
Gap.<br />
structures<br />
compensation at full replacement value.<br />
Valuation by valuer + disturbance allowance (15%).<br />
The total cost <strong>of</strong> the project as a result should include the Valuation is based on depreciated market value.<br />
Project will provide compensation based on the replacement<br />
full cost <strong>of</strong> all resettlement activities, factoring in the<br />
value. This will include the payment <strong>of</strong> asset market value, a<br />
loss <strong>of</strong> livelihood and earning potential among affected Walls: classed as permanent structures, but value<br />
disturbance allowance, and a top up allowance (based on the<br />
peoples<br />
calculated on investment method.<br />
Owners <strong>of</strong> “Non-permanent” Buildings:<br />
Cash compensation based upon rates per square meter<br />
established at District level plus disturbance allowance<br />
(15%).<br />
current inflation rate) to compensate for the rise in construction<br />
materials.<br />
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Note: Rates are based on depreciated market value.<br />
Tenants <strong>of</strong> structures: repayment <strong>of</strong> unused rent, and 6<br />
months’ notice to vacate structure.<br />
Provide relocation assistance (cash, food, etc). If provided, determined by private negotiation. To be paid<br />
for by disturbance allowance <strong>of</strong> 15-30%.<br />
Provide security <strong>of</strong> tenure at the new site. No legislative requirement. Gap.<br />
Provide improved living conditions at the new<br />
resettlement site.<br />
Gap. No dwelling will be demolished by the project before any<br />
relocation assistance is paid<br />
Secure tenure will be replaced if lost.<br />
No legislative requirement. The project will provide replacement value to ensure pre-project<br />
conditions to the extent possible.<br />
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In a number <strong>of</strong> situations, as shown in Table above, AfDB requirements are more favourable to affected persons<br />
than Ugandan law. UNRA is committed to undertaking appropriate compensation approaches to meet Ugandan<br />
law and AfDB requirements such as:<br />
� Compensating for loss <strong>of</strong> income after affected persons are displaced.<br />
� Compensation for tenants who might not have legal land rights, but have undertaken development or<br />
farming activities on affected land.<br />
� Wherever feasible and acceptable to the affected persons, provide land-for-land compensation.<br />
� Provide property owners with cash compensation at full replacement cost.<br />
� Wherever appropriate, provide skills assistance to affected farmers in areas such as improved crop and<br />
animal husbandry and records keeping.
5.1 INTRODUCTION<br />
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5 SOCIO-ECONOMIC BASELINE<br />
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The socio-economic study was confined to the road environment. The aims were to suggest ways and means to<br />
complete the economic rehabilitation <strong>of</strong> PAPs along the roads so that they would recover a living standard at<br />
least equal to or better than the one they enjoyed previously and in any case raise their living standards above<br />
the poverty line.<br />
5.2 PROJECT AFFECTED DISTRICTS<br />
The existing road is found in five districts <strong>of</strong> Kyenjojo, Kibaale, <strong>Hoima</strong>, <strong>Masindi</strong> and Kiryandogo, in western<br />
Uganda. The population comprised <strong>of</strong> Banyoro, Batooro, Banyankole and migrant tribes such as Bakiga,<br />
Baganda, Bafumbira and Alur plus other migrants are from surrounding countries <strong>of</strong> Democratic Republic <strong>of</strong><br />
Congo. People living in these areas are the same since this region follows under Bunyoro Kitara Kingdom, and<br />
Kiryandongo district was original part <strong>of</strong> <strong>Masindi</strong> district before it was it was given district status. All these districts<br />
are renowned for subsistence agriculture, mainly food crops and a few plantations.<br />
5.3 SOCIAL ORGANIZATION<br />
The project area districts belong to the western region <strong>of</strong> Uganda which is among the better-<strong>of</strong>f regions in<br />
Uganda as the economy in the region is not affected by acute poverty. The five districts have attained<br />
remarkable improvements in poverty reduction and human development indicators compared to the northern and<br />
eastern regions <strong>of</strong> the country.<br />
Despite some regional and localized differences, poverty in the districts is generally associated with low incomes<br />
at household level, food insecurity, high levels <strong>of</strong> illiteracy and low levels <strong>of</strong> employment. The major causes <strong>of</strong><br />
poverty being inadequate skills, land shortage, poor farming methods, gender inequalities, low productivity,<br />
morbidity due to Malaria, HIV/AIDS and climate change. The nuclear family and to some extent, the clan<br />
constitutes significant traditional social support system for their members especially in times <strong>of</strong> difficulties.<br />
Beyond the family and the clan, there is currently a socio-political system <strong>of</strong> organization the Local Council (LC)<br />
system that was introduced in 1986. It starts from the village level up to the District level. The LCs play important<br />
roles in community matters for the development <strong>of</strong> community infrastructure such as communal access roads,<br />
water sources and in provision <strong>of</strong> other basis needs <strong>of</strong> community wellbeing e.g. the living environment, housing,<br />
sanitation, access to public services and in settlement <strong>of</strong> disputes.<br />
5.4 SOURCES OF LIVELIHOOD IN PROJECT AREAS<br />
Subsistence farming is the principal source <strong>of</strong> livelihood in all the project districts. In all the five districts most<br />
affected households are dependent on earned income from subsistence agriculture. Subsistence agriculture in<br />
the project affected area comprised <strong>of</strong> cultivation <strong>of</strong> bananas, Millet, Rice, cassava, beans, sweet potatoes,<br />
ground nuts, and sugarcane. In addition to the agricultural activities there are other income generating economic<br />
activities as indicated by Table 5.1.<br />
Table 5.1: Occupation types amongst project affected household heads<br />
Occupation %<br />
Farmer 72.8<br />
Trader 12.8<br />
Hotel owner/restaurant owner 0.1<br />
Mechanic 0.5<br />
Carpenter 1.0<br />
Teacher 4.6
Butcher 0.4<br />
Builder 0.8<br />
Administrator 2.5<br />
Nurse 0.5<br />
Not employed 0.9<br />
Other 3.0<br />
5.4.1 Monetary income from subsistence agriculture<br />
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Subsistence agriculture was noted to be a significant source <strong>of</strong> livelihood for the project- affected households in<br />
the villages. Consultation with affected persons revealed that subsistence farmers selling their surplus produce<br />
earn as much as UgShs 5,000 per day or as little as UgShs 1000 per day depending on the season and type <strong>of</strong><br />
crops sold. In busy towns and trading centers like <strong>Hoima</strong> Town Council, <strong>Masindi</strong> Town Council and <strong>Kigumba</strong><br />
Trading Centers, PAPs earned higher.<br />
Table 5.2: Agriculture income levels among the PAP.<br />
Gender<br />
50 -500<br />
Range <strong>of</strong> revenue from agriculture (,000 UgShs)<br />
510 - 960 970 - 1,420 1,430 - 1,880 Total %<br />
Male (%) 50 16.7 16.7 - 83.3<br />
Female (%) - - - 16.7 16.7<br />
Total (%) 50 16.7 16.7 17.7 100<br />
5.4.2 Spending Patterns<br />
From interviews, potentially affected households spend their incomes on food, housing (rent), medical bills,<br />
clothing, dependants and transport as shown in Table 5.3.<br />
Table 5.3: Spending patterns among affected households<br />
Cost item Rank <strong>of</strong> expenditure*<br />
Clothing 4<br />
Transport 1<br />
House/shop rent 6<br />
School fees 3<br />
Food and domestic water 5<br />
Medical expenses 2<br />
Dependants 7<br />
Other expenses 8<br />
* Rank 1= Item most spent on; 10= item least spent on<br />
Source: Primary data<br />
The relatively high expenditure on transport is explained by the poor state <strong>of</strong> existing road, which is unattractive<br />
for public transport operators, so the few taxis or trucks plying this route charge exorbitant fares. In absence <strong>of</strong><br />
affordable public transport, proximity to trading centers, which are the sources <strong>of</strong> employment, goods and<br />
services, are essential for the project-affected people. If affected persons relocate further from towns, they might<br />
suffer higher cost <strong>of</strong> living resulting from higher transport costs.<br />
Medical expenses were noted high due to a lack <strong>of</strong> adequate healthcare facilities (clinics and drug stores) in the<br />
affected area. Most <strong>of</strong> the commonly used hospitals in the affected areas included <strong>Hoima</strong> Referral Hospital,<br />
<strong>Masindi</strong> Hospital, Kiryandongo Hospital and Kagadi Hospital plus a number <strong>of</strong> health centres along the proposed<br />
road. However, due to inadequate services at the health centres, many people were reported to move long<br />
distances to referral hospitals in search for better services. The list <strong>of</strong> health centre in the affected areas is given<br />
below.
KYENJOJO -HOIMA<br />
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GOVERNMENT NGO PRIVATE TOTAL<br />
HOSPITALS 1 0 2 3<br />
HC IV 0 0 0 0<br />
HC 111 4 0 0 4<br />
HC 11 3 0 0 3<br />
TOTAL 8 0 2 10<br />
HOIMA-MASINDI<br />
GOVERNMENT NGO PRIVATE TOTAL<br />
HOSPITALS 0 0 0 0<br />
HC IV 2 0 0 2<br />
HC 111 5 0 0 5<br />
HC 11 4 0 0 4<br />
TOTAL 9 0 0 9<br />
MASINDI-KIGUMBA<br />
GOVERNMENT NGO PRIVATE TOTAL<br />
HOSPITALS 0 0 0 0<br />
HC IV 0 0 0 0<br />
HC 111 2 0 0 2<br />
HC 11 2 0 0 2<br />
TOTAL 4 0 0 4<br />
5.5 LANDUSE AND SETTLEMENT IN PROJECT AREA<br />
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Sections below present results <strong>of</strong> a socio-economic survey for a 40% sample <strong>of</strong> PAPs surveyed. The aim was to<br />
understand socio-economic pr<strong>of</strong>ile <strong>of</strong> the project-affected people. The road passes through subsistence<br />
agricultural land and residential areas that comprise houses some <strong>of</strong> which were built with burnt brick with iron<br />
sheet ro<strong>of</strong>s; some <strong>of</strong> mud/wattle with iron-sheet ro<strong>of</strong>s while others were <strong>of</strong> mud/wattle with grass thatched ro<strong>of</strong>s.<br />
The road project with a reserve <strong>of</strong> 30 m would affect 9005 property owners with effects ranging from taking land<br />
strips along the road mainly in <strong>Hoima</strong> and <strong>Masindi</strong> districts, demolition <strong>of</strong> temporary and permanent residential<br />
and commercial buildings which is mainly in Kiryandongo District. The number <strong>of</strong> PAPs whose residential or<br />
agricultural land would be affected are presented in Figure 5.1 while number <strong>of</strong> permanent (P) and semipermanent<br />
(SP) structures to be affected in each district along the section AfDB will fund are listed below:<br />
� Kibaale District: P = 55; SP = 47<br />
� <strong>Hoima</strong> District : P = 53; SP = 26<br />
� <strong>Masindi</strong> District: P = 26; SP = 08<br />
� Kiryandongo District: P = 05; SP = 01<br />
5.5.1 Land Ownership and Tenure<br />
More men than women owned land in the project-affected area (Figure 5.2). When asked under which tenure<br />
they owned land, most affected people indicated customary tenure. In most <strong>of</strong> the affected areas men owned<br />
more land than women.
Not affected<br />
Affected<br />
0 20 40 60<br />
Affected<br />
Percentage<br />
Not affected<br />
Residential land 60 40<br />
Agricutural land 45,5 54,5<br />
Figure 5.1 PAPs who’s residential or agricultural land would be affected<br />
Total<br />
licensee<br />
Tenant<br />
Land owner<br />
Figure 5.2 Ownership <strong>of</strong> land ownership according to sex <strong>of</strong> PAPS<br />
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0 20 40 60 80 100<br />
Land owner Tenant<br />
%<br />
licensee Total<br />
Male( %) 78,5 0,0 0,2 79<br />
female(%) 21,2 0,1 0 21,3<br />
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5.5.2 Demographic Information<br />
a)Average age <strong>of</strong> household heads<br />
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Social survey data indicate that average affected household comprised <strong>of</strong> 6 people (higher than the national<br />
mean household size <strong>of</strong> 5.08 1 ). The most affected age group was between 36 and 40 years as indicated in<br />
Figure 5.3.<br />
Percentage<br />
18<br />
16<br />
14<br />
12<br />
10<br />
0<br />
20-25 26-30 31-35 36-40 41-45 46-50 51-55 above<br />
55<br />
Proportion by age 7 16 13 18 12 11 6 17<br />
Figure 5.3 Age distribution in the affected Households<br />
b) Average number <strong>of</strong> children in affected households<br />
Theresults from the survey indicated that affected households comprised <strong>of</strong> an average <strong>of</strong> 6 people (higher than<br />
the national mean household size <strong>of</strong> 5.08 2 ). Occupants below and above 18 years in the affected households are<br />
presented in Table 5.4.<br />
Table 5.4: Number and age <strong>of</strong> residents in affected households<br />
Number <strong>of</strong> Residents 2-5 6-10 1 None Total<br />
Above18 years 200 20 160 1 381<br />
Percentage 52.4 5.24 41.9 0.26 100<br />
Below 18 years 340 40 20 31 431<br />
Percentage 78.8 9.2 4.6 7.19 100<br />
Dependants <strong>of</strong> all age 220 30 10 260<br />
Percentage 84.6 11.53 3.86 0 100<br />
c) Gender and marital status <strong>of</strong> household heads<br />
Most <strong>of</strong> the affected households surveyed were headed by males compared to female-headed households(Table<br />
5.5). Female household heads were mostly widows in comparison to unmarried or single women. A few elderly<br />
female household heads were encountered and these were <strong>of</strong>ten grandparents looking after grandchildren<br />
orphaned by HIV/AIDS. These constitute part <strong>of</strong> a “vulnerable category”.<br />
Table 5.5: Gender Marital status<br />
1 Uganda Bureau <strong>of</strong> Statistics, UBOS<br />
2 Uganda Bureau <strong>of</strong> Statistics, UBOS<br />
8<br />
6<br />
4<br />
2
Gender<br />
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Gender and marital status <strong>of</strong> HHDs (%)<br />
Single Married Divorced Widowed<br />
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Male 2.5 76 1.2 1.2 80.9<br />
Female 0.7 11.1 2.9 4.5 19.1<br />
Total 3.2 87.1 4 5.7 100<br />
d)Religion<br />
Most dominant religion <strong>of</strong> people in affected households surveyed was Roman Catholic. This was followed by<br />
Protestants and Muslims, respectively (Table 5.6). In <strong>Hoima</strong> district, the most dominant religion is Catholic<br />
followed by the Protestants, Moslems and other religions respectively. This applies for both <strong>Masindi</strong> and<br />
Kiryandongo districts.<br />
Table 5.6: Religion <strong>of</strong> people in affected households surveyed<br />
Religion Percentage<br />
Catholic 49.5<br />
protestant 26.6<br />
Muslim 4.5<br />
Others 19.5<br />
5.6 WELFARE OF HOUSEHOLDS<br />
Status <strong>of</strong> the welfare <strong>of</strong> the households in the project districts is presented according to selected parameters as<br />
ownership <strong>of</strong> assets, energy sources for cooking and lighting, access to safe drinking water and availability <strong>of</strong><br />
basic minimum consumer needs.<br />
5.6.1 Ownership <strong>of</strong> Assets<br />
Ownership <strong>of</strong> minimum household assets in all districts is presented in Table 5.7. About half <strong>of</strong> the affected<br />
households owned bicycles and almost all <strong>of</strong> the households had radios. Ownership <strong>of</strong> television or cellular<br />
phones was low combined with very poor network coverage probably due to the hilly terrain.<br />
Table 5.7: Proportion <strong>of</strong> households (%) with selected assets, 2002<br />
Assets YES(%) NO(%)<br />
Two sets <strong>of</strong> clothes 97.5 2.5<br />
Radios 93 7<br />
Phones (mobile and fixed) 71 29<br />
Bicycles 53.9 46.1<br />
5.6.2 Energy Sources<br />
Firewood is the principal source <strong>of</strong> energy for cooking in the project districts (Table 5.8). There is also usage <strong>of</strong><br />
charcoal but it is limited to a small proportion <strong>of</strong> households. Proportions <strong>of</strong> households using <strong>of</strong> other types <strong>of</strong><br />
fuels like paraffin and electricity are almost negligible. Prevalently, households in project districts use paraffin<br />
candles for indoor night lighting and only about 9.5% <strong>of</strong> households had access to grid electricity for lighting<br />
(Table 5.9).<br />
Table 5.8: Sources <strong>of</strong> energy at affected households<br />
Type <strong>of</strong> fuel Percentage<br />
Firewood 97.3<br />
Charcoal 2.4<br />
Kerosene 0.3<br />
Total
Table 5.9: Types <strong>of</strong> lighting fuel in households<br />
Type <strong>of</strong> Fuel %<br />
Electricity 9.5<br />
Lantern 0.9<br />
Tadooba 88.1<br />
Firewood(reeds) 1.4<br />
Solar 0.1<br />
5.6.3 Source <strong>of</strong> Drinking Water<br />
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It was observed that around 70% <strong>of</strong> the households in the project districts use borehole, protected wells and<br />
rivers (Table 5.10).Piped water was mainly in trading centres while the majority (85%) <strong>of</strong> residences are more<br />
than 100 m from the nearest water source (Figure 5.4).<br />
Table 5.10: Type <strong>of</strong> drinking water sources in households<br />
Water source Proportion (%)<br />
Communal boreholes/ hand dug wells 21.6<br />
Rivers 28.7<br />
Standpipes 0.3<br />
Protected springs 49.4<br />
Figure 5.4 Distance to water source<br />
5.7 VULNERABLE GROUPS<br />
Vulnerability is the degree to which a population, individual or organization is unable to anticipate, cope with, resist<br />
and recover from the impacts <strong>of</strong> misfortunes (WHO, 2002). Children, elderly people, malnourished people, and<br />
people who are ill or immune compromised, are particularly vulnerable. Poverty – and its common consequences<br />
such as malnutrition, homelessness, poor housing and destitution – is a major contributor to vulnerability.<br />
A number <strong>of</strong> households with vulnerable PAPs, headed by the terminally ill, widows, elderly, orphans, female<br />
headed households or disabled people (Annex 4) were identified with a number <strong>of</strong> challenges including a heavy
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workload on women, male dominance over women and low participation in household or community decisions,<br />
high levels <strong>of</strong> girl child school dropout, early marriages for girls and general poverty. Such vulnerable homes<br />
might need special assistance during compensation and resettlement process. Number <strong>of</strong> vulnerable people in<br />
each district through which the road passes are shown below.<br />
� <strong>Hoima</strong> District: 45<br />
� <strong>Masindi</strong> District: 41<br />
� Kiryandogo District: 19<br />
� Kyenjojo District: 20<br />
5.8 HEALTH<br />
Malaria fever was the most prevalent disease in affected households followed by respiratory ailments (coughs<br />
and flu). Although most PAPs were reluctant to give their HIV/AIDS status, a few responses from several people<br />
who were frank about their sero-status confirmed high prevalence <strong>of</strong> HIV/AIDS along the road. Other common<br />
ailments included waterborne diseases like cholera and dysentery attributed to lack <strong>of</strong> safe drinking water.<br />
Common diseases along the project road and expenses on treatment are presented in Tables 5.11 and 5.12<br />
respectively.<br />
Table 5.11: Most common diseases among the households<br />
Diseases Valid Percentage<br />
Malaria 97.48<br />
Flu 0.70<br />
Cough 1.68<br />
HIV AIDS 0.14<br />
Table 5.12: Expense on the most common diseases<br />
Disease<br />
Annual expenditure on healthcare (,000 UgShs) Total<br />
5-10 10-15 16-20 21-25 Over 25 Free<br />
Malaria % 3.7 3.3 8.4 0.4 5.5 76.4 97.7<br />
Cough/flu % - - - - 0.1 0.6 0.7<br />
HIV/AIDS % - - - - - 0.1 0.1<br />
Most people (97% <strong>of</strong> people interviewed) in the project areas were aware <strong>of</strong> HIV/AIDS and how it is spread. Their<br />
main sources <strong>of</strong> information are health centres, local radio stations and NGOs involved in HIV/AIDS prevention<br />
programs. Nonetheless, risky sexual behaviour still prevails. Of the people interviewed, 17% <strong>of</strong> men and 4% <strong>of</strong><br />
women reported multiple sexual partners. Female-headed households were found to be more vulnerable to<br />
HIV/AIDS than male-headed counterparts because <strong>of</strong> poverty which lead them to sexual exploitation for material<br />
favours from men.<br />
Health centres at sub-county levels and major hospitals (<strong>Hoima</strong> Referral Hospital, <strong>Masindi</strong> Hospital and<br />
Kiryandongo Hospital) play a central role in the fight against HIV/AIDS and provide treatment, nutrition, free<br />
testing and counselling including other outreach programmes like community sensitization through drama, music<br />
and sports. However, it was reported that most health centres lack drugs, have inadequate staff, and lack space<br />
to accommodate a large numbers <strong>of</strong> patients. The proportions <strong>of</strong> disabilities and chronic disease cases in the<br />
project affected area are presented in Figure 5.5 while problems, by proportion, encountered at health centres<br />
and distances travelled are presented in Figures 5.6 and 5.7.
Figure 5.5 Disabilities and chronic diseases in Project Affected Area<br />
Figure 5.6 Problems encountered at health centers<br />
Figure 5.7 Distance to health centres<br />
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There are also community based groups and NGOs active in community sensitization and empowering people<br />
living with HIV/AIDS by providing them with free seeds, bee-keeping skills, poultry and improved farming<br />
methods and finding markets for their produce.<br />
5.9 SANITATION<br />
Access to good sanitation is very crucial to the health <strong>of</strong> the population. Poor sanitation poses one <strong>of</strong> the greatest<br />
threats to health. Within the project area it was observed that pit latrines are used for human waste disposal.<br />
However some very poor households in <strong>Masindi</strong>, Kiryandongo and <strong>Kigumba</strong> district do not have latrines and<br />
people relieve themselves in the bush. Therefore keeping the area clean is a challenge because <strong>of</strong> the poor<br />
hygiene practices in the communities.<br />
5.10 WASTE DISPOSAL INFRASTRUCTURE<br />
There are no designated waste management sites in the project affected area and households discard rubbish in<br />
the nearest bush or a compost pit in the backyard. Primary data shows that a majority <strong>of</strong> respondents (51.4%)<br />
dispose their waste in their gardens while (36%) dispose it in a compost pit at the back yard. Only 12.6% <strong>of</strong><br />
respondents burn their waste.<br />
5.11 SOCIAL AND CULTURAL CHARACTERISTICS OF PROJECT AFFECTED COMMUNITIES<br />
5.11.1 Ethnicity<br />
The most dominant ethnic groups <strong>of</strong> PAPs in Kyenjojo, Kibaale and <strong>Hoima</strong> districts were Banyoro and Batooro<br />
(Table 5.13). Banyoro were the dominant tribe in <strong>Masindi</strong> and Kiryandongo but due to Lord’s Resistance Army<br />
(LRA) insurgency in the North, many migrant tribes (for example, Alurs, Baruuli and Acholi) settled in the area. All<br />
these tribes have equal access to resources and economic opportunities without discrimination.<br />
Table 5.13: Ethnicity <strong>of</strong> PAPS surveyed<br />
Tribe Valid Percentage<br />
Munyoro 86<br />
Mukiga 10<br />
Mutoro 1<br />
Mufumbira 1<br />
Muganda 1<br />
Other 2<br />
5.11.2 Education<br />
From the survey, findings indicated that 19% <strong>of</strong> the population aged 10 and above have never attended school,<br />
while 20% completed primary school and only 8% managed to complete secondary school with 5% have<br />
attained high tertiary education (Table 5.14). Table 5.15 presents the level <strong>of</strong> education by gender, from which it<br />
is clear that the literacy level for the females within the project area is much lower than for the males.<br />
Table 5.14: Educational level <strong>of</strong> the PAP<br />
Level <strong>of</strong> education Valid Percentage<br />
Illiterate 19<br />
Can read and write 49<br />
Completed primary education 20<br />
Completed secondary education 8<br />
Completed university education 5
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Table 5.15: Gender and level <strong>of</strong> education<br />
Gender and Literacy levels <strong>of</strong> HHDs (%) Total<br />
Gender<br />
illiterate<br />
Can read<br />
and write<br />
Completed Primary<br />
education<br />
Completed<br />
secondary<br />
education<br />
Completed<br />
University<br />
Male 14.2 42 15.4 6.1 3.3 81.1<br />
Female 4.6 9.4 3.8 1 0.1 18.9<br />
Total 18.8 51.4 19.3 7 3.5 100<br />
5.11.3 Cultural Characteristics and Physical Cultural Resources<br />
The cultural characteristics <strong>of</strong> the project area are as diverse as the tribes living in the area. Each migrant tribe<br />
comes with its own culture; however there are some cultures which are universal to all tribes. These include<br />
families where households are headed by men, and marriage which demands that men pay dowry for their<br />
brides. Widow inheritance was common in the past but the act is slowly dying out mainly because HIV/AIDS.<br />
Polygamy is also another practice common in the project area.<br />
A physical cultural resources assessment along the road (Annex 6) documented archaeological artefacts,<br />
features pottery scatters and iron slags. The analyzed pottery finds follow in the later Iron Age periods (Roulette<br />
decorations) which are not very rare in archaeological finds hence less significance but are good indicators <strong>of</strong><br />
possibility to encounter older finds, hence the need for monitoring <strong>of</strong> road construction activities.<br />
No paleontological remains were observed during surface inspection in the project area although the geological<br />
formation suggests possible sites far beyond the project area.<br />
Historical building and monuments significant as per the historical Monuments Act were found in this area. The<br />
region is an ancient place with evidence <strong>of</strong> ancient settlement starting from colonial building together with Indian<br />
settlement terraces. Old buildings <strong>of</strong> the colonial nature (1920-1930s) were observed especially at administration<br />
institutions. Fortunately they sites (old buildings) will not be directly affected since they are about 70m from the<br />
road center. Monuments were also recorded and these might not be affected except Businge monument which<br />
located in a roundabout <strong>of</strong> Kyenjojo-<strong>Hoima</strong> -<strong>Masindi</strong> <strong>Road</strong>. This can be covered during construction but also<br />
maintained after construction phase.<br />
It should be noted that archaeological and paleontological deposits are usually underground level. Should any <strong>of</strong><br />
this kind be disinterred during road construction activities, such activities should be stopped, and Museums and<br />
Monuments Department engaged to investigate, evaluate and protect these chance finds.<br />
5.11.4 Settlement Pattern and Housing <strong>of</strong> the PAPs<br />
Settlements along the project area are generally linear especially in trading centres. There is a mix <strong>of</strong> residential,<br />
commercial structures along the road that will be affected by the project. For example in Kyatiri, Pakanyi and<br />
<strong>Kigumba</strong> Trading Centers, buildings to be affected include shops and market stalls along the road (maize, mills<br />
saw mills, welding). However, most residential structures are located away from the road and this is why no<br />
fewer dwellings will be affected during road upgrade.
6.1 INTRODUCTION<br />
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6 RESOURCES TO BE AFFECTED BY THE PROJECT<br />
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This section presents categories and inventory <strong>of</strong> property to be affected based on records in the valuation roll.<br />
Wherever applicable, project components and activities leading to resettlement have been presented with the<br />
specific sections <strong>of</strong> road where resettlement shall occur. A summary <strong>of</strong> project impacts is presented in Table 6.1.<br />
6.2 ASSETS AFFECTED BY THE PROJECT<br />
Land to be affected by upgrading and operation <strong>of</strong> the road is the road reserve measuring 15 m on either side <strong>of</strong><br />
the road centerline. In some areas, the existing road is wide enough to take into consideration the proposed<br />
adjustments without significant effect. Owners <strong>of</strong> affected land with perennial crops, timber trees and fruit trees<br />
(mango, jack fruit, guava, oranges, oil palm, etc) which are important sources <strong>of</strong> income for households, shade,<br />
timber, building/fencing poles, herbal medicines, etc would be compensated basing on District property rates.<br />
Considering that they can be harvested within the six-month “notice to quit” period, annual crops would not be<br />
compensated.<br />
Table 6.1a: Number <strong>of</strong> property owners to be affected and land take along entire road<br />
<strong>Road</strong> section Number <strong>of</strong> property owners Land area (Hectares)<br />
Kyenjojo-<strong>Hoima</strong> 6270 334.33<br />
<strong>Hoima</strong>-<strong>Masindi</strong> 1549 104.89<br />
<strong>Masindi</strong>-<strong>Kigumba</strong> 1186 77.67<br />
Total number <strong>of</strong> property owners 9005 516.89<br />
Number <strong>of</strong> people in buildings to be demolished by the project along the section AfDB will fun are shown in table<br />
below.<br />
Table 6.1b: Number <strong>of</strong> property owners to be affected along road sections to be funded by AfDB<br />
<strong>Road</strong> Section Total No. <strong>of</strong> people losing<br />
various types <strong>of</strong> property<br />
No. <strong>of</strong> Households to be<br />
physically relocated<br />
No. <strong>of</strong> persons in<br />
households to be<br />
physically relocated<br />
Bulima-<strong>Kabwoya</strong> (66 km) 2406 59 354<br />
<strong>Kigumba</strong>-Bulima (69 km) 1866 32 144<br />
Total 4272 91 498<br />
Along Bulima-<strong>Kabwoya</strong> (66 km) section, 59 buildings comprising 354 people will be demolished while the<br />
respective numbers along <strong>Kigumba</strong>-Bulima (69 km) section are 34 households comprising 144 people. All<br />
together however, as documented by the property count and valuation exercise, 4272 people were recorded to<br />
be losing various types <strong>of</strong> assets along both these sections. These assets range from crops, fences, kiosks to<br />
permanent buildings.<br />
From consultations with PAPs, it was established that it would be possible for some people to rebuild affected<br />
structures a small distance behind the damaged buildings. This will reduce the adverse socio-economic effects <strong>of</strong><br />
resettlement. Disruption to businesses and temporary loss <strong>of</strong> income during relocation can be minimized if<br />
owners are allowed to rebuild replacement structures before completely vacating the old ones where possible<br />
during the regulatory 3-month “notice to quit” period.<br />
Table below shows types and number <strong>of</strong> assets affected along the road sections to be funded by AfDB.
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Table 6.1c: Assets to be affected along road sections to be funded by AfDB<br />
<strong>Road</strong> Section<br />
Affected Property<br />
Bulima-<strong>Kabwoya</strong> (66 km) <strong>Kigumba</strong>-Bulima (69 km)<br />
1 Permanent Houses 13 13<br />
2 Shops 56 24<br />
3 Kitchens 0 0<br />
4 Schools 0 0<br />
5 Medical Clinics 0 0<br />
6 Churches 0 0<br />
7 Mosques 0 0<br />
8 Toilets 0 0<br />
9 Pit Latrines 2 1<br />
10 Shades 2 1<br />
11 Maize Stores 0 0<br />
12 Kiosks 1 3<br />
13 Barbed wire Fences 64 20<br />
14 Local Live Hedges 37 25<br />
15 Earth Graves 0 10<br />
16 Paved/Concrete Yards 1 0<br />
17 Gates 2 0<br />
18 Septic Tanks 2 0<br />
19 Boundary/Retaining Walls 2 1<br />
20 Water Tanks 1 0<br />
21 Kraals 0 0<br />
22 Well 0 0<br />
23 Fuel Pumps 6 0<br />
24 Fuel Tanks 2 0<br />
25 Petrol Station Canopies 2 0<br />
TOTAL 193 98<br />
As indicated in table 6.1c above, several churches, schools and health centres will lose strips <strong>of</strong> land to the road<br />
reserve. Many community resources would lose land to the project and road redevelopment could also cause<br />
temporary disruption to their access, such as when overburden is dumped into junctions leading to these<br />
facilities such as to render them impossible to access by women, children elderly or disabled people. Location <strong>of</strong><br />
community facilities (schools, health centres, places <strong>of</strong> worship and water sources) is shown in Annex 1.<br />
In some places, water mains and 33 kV power lines (Plate 1) adjoining the existing carriageway will need<br />
relocation during road upgrade, causing temporary disruption in supply. Facilities along the project road are<br />
presented in Figure 6.1.<br />
Plate 1: Some <strong>of</strong> the power<br />
lines that will need<br />
relocating during road<br />
construction
6.4 LIVELIHOODS<br />
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Economically-displaced people are people whose livelihoods are affected by the proposed road project and<br />
associated land acquisition. This only applies to those whose business are required to be relocated, but also to<br />
those employed in a business, or those who lose livelihood (income or subsistence) due to loss <strong>of</strong> crops.<br />
Because buildings in both rural and urban sections <strong>of</strong> the road are built away from the carriageway, no significant<br />
economic displacement is envisaged. Several commercial structures housing income-generating businesses will<br />
be affected. Along sections to be funded by AfDB, 17 strips <strong>of</strong> gardens <strong>of</strong> estimated area <strong>of</strong> 16 acres will be lost<br />
to the project but these will not result into food insecurity to affected owners.<br />
6.5 INJURIOUS DAMAGE TO PROPERTY<br />
Injurious damage to property (whether structures or crops) during implementation <strong>of</strong> the road project will be<br />
mitigated or compensated as follows:<br />
� Monetary compensation to owners from contractor’s insurance.<br />
� Contractor to repair or replace, to owner satisfaction, any injuriously damaged property.<br />
6.6 PROJECT COMPONENTS RELATED TO RESETTLEMENT<br />
During preparation <strong>of</strong> this RAP consideration was given to project components/ activities that would give rise to<br />
resettlement. This mainly included sections <strong>of</strong> the road where resettlement would be undertaken and alternatives<br />
and mechanisms to avoid or minimize resettlement were also considered. Considering that the road will follow<br />
existing alignment, trading centers/ townships were identified as areas that would require larger resettlement cost<br />
than road sections through rural areas. It was noted that some construction in new upcoming trading centers did<br />
not conform to building lines from existing road, therefore to minimize impact on built structures hence<br />
resettlement, the design provided for a 30 m reserve in rural sections and 20 m in urban areas.
Figure 6.1 Location <strong>of</strong> branch-<strong>of</strong>fs to public facilities along the road<br />
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7.1 KEY PRINCIPLES<br />
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7 COMPENSATION AND RESETTLEMENT PRINCIPLES<br />
Key principles that the proponent (UNRA) will commit to during resettlement are presented in Box 2.<br />
Box 2: Key principles to heed during compensation<br />
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� Resettlement and compensation <strong>of</strong> Project-Affected People (PAP) will be carried out in compliance with<br />
relevant Ugandan laws and AfBD standards. All physically or economically displaced people shall be<br />
adequately and equitably compensated. Wherever possible, UNRA shall assist affected people in<br />
restoring their livelihoods by providing transitional assistance, where necessary, if livelihoods are not<br />
restored to pre-project level.<br />
� Resettlement shall be implemented in a gender-sensitive manner. Consent <strong>of</strong> spouses shall be sought,<br />
as provided by the law (e.g. Section 40 <strong>of</strong> the Land Act, 1998). In addition, resettlement-based options<br />
shall be strongly promoted, since cash compensation to male household heads is <strong>of</strong>ten detrimental to<br />
women.<br />
� Cash compensation, although sought after by heads <strong>of</strong> households, cash payment could be detrimental<br />
in the medium-term to other household members, particularly female spouses and children. Wherever<br />
agreeable, the project should provide “land-for-land” compensation rather than cash compensation.<br />
� Compensation shall aim to ensure that people are not worse <strong>of</strong>f after resettlement and attention and<br />
should be given to ‘vulnerable’ categories such as the child-headed and female-headed households.<br />
7.2 ELIGIBILITY FOR COMPENSATION<br />
In resettlement terms, eligibility is defined as the criteria for qualification to receive benefits under a resettlement<br />
program.<br />
7.2.1 Eligibility, Census and Cut-Off Date<br />
The cut-<strong>of</strong>f date was considered by the surveying and valuation consultant as the last day <strong>of</strong> the census <strong>of</strong><br />
affected people and properties, i.e. 10 February 2011. No structure or field established in the project-affected<br />
area after that date would be eligible for compensation. The cut-<strong>of</strong>f date after which no settlers or developers are<br />
eligible for compensation was publicized among potentially affected people. This was explained during the<br />
census and valuation exercise to all stakeholders in the area, including:<br />
� Project-affected people, identified and individually surveyed,<br />
� Parish Land Committee (LC2 level),<br />
� District Land Board (LC5 level),<br />
� LC <strong>of</strong>ficials in which consultations were undertaken<br />
The following categories are eligible for compensation:<br />
� People who have been in the surveyed part <strong>of</strong> the proposed road reserve and working areas;<br />
� Landlords owning both cultivated and uncultivated land that is affected by the road;<br />
� People whose structures are to be affected by the development;<br />
� People who rent land for cultivation (sharecroppers) and their crops or trees are to be removed or<br />
damaged due to land acquisition activities.
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� Any other group <strong>of</strong> persons that has not been mentioned above but is entitled to compensation<br />
according to the laws <strong>of</strong> Uganda and AfDB/Donor policies.<br />
� Public or community facilities such as churches, schools and water sources.<br />
Public facilities along the road are presented in Annex 1 and any <strong>of</strong> these which would be affected by<br />
the road project were valued and included among those eligible for compensation. Compensation would<br />
be given to respective communities through local government structures or owners (in case <strong>of</strong> private<br />
schools) and administrative structures in case <strong>of</strong> places <strong>of</strong> worship.<br />
7.2.2 Speculative Structures<br />
Opportunistic uninhabitable structures established for the sole purpose <strong>of</strong> compensation pose a specific eligibility<br />
problem and will be addressed through the use <strong>of</strong> the following methods to ascertain the validity <strong>of</strong> the<br />
compensation claim:<br />
� Inspection <strong>of</strong> the structure to determine whether it is indeed habited or not;<br />
� Consultation with LC chairpersons’ authorities to ascertain whether the contested structure existed at<br />
the time <strong>of</strong> the cut-<strong>of</strong>f date or census and whether it was established in good faith or for an opportunistic<br />
compensation purpose.<br />
7.3 OVERVIEW OF ENTITLEMENTS<br />
7.3.1 Categories <strong>of</strong> Affected People<br />
During compensation, an important legal requirement is that contained in Section 40 <strong>of</strong> the Land Act that makes<br />
it compulsory to seek consent <strong>of</strong> spouses before compensation packages is paid out. As mentioned earlier<br />
(Section 7.1, Box 2), cash compensation entails a number <strong>of</strong> risks for impoverishment <strong>of</strong> female spouses and<br />
children, when for example, a household head decides to marry another wife or buy luxuries instead <strong>of</strong> rebuilding<br />
a new home.<br />
Affected persons irrespective <strong>of</strong> their status (whether they have formal title, legal rights, non-legal right) are<br />
eligible for some kind <strong>of</strong> assistance if they occupied the land before cut-<strong>of</strong>f date.<br />
Vulnerable people are people who by virtue <strong>of</strong> gender, ethnicity, age, physical or mental disability, economic<br />
disadvantage, or social status, may be more adversely affected by resettlement than others and who may be<br />
limited in their ability to claim or take advantage <strong>of</strong> resettlement assistance and related development benefits. In<br />
this case, stakeholders form the PAP identified vulnerable people as the following:<br />
� Widows;<br />
� Orphans;<br />
� Disabled or terminally ill people (particularly people living with HIV/AIDS and other illnesses);<br />
� Second or third wives, particularly those where there is a risk that they will be abandoned by their<br />
husbands after compensation;<br />
� The elderly;<br />
� Households whose heads are female and who live with limited resources.<br />
� Households whose heads are orphans (child-headed households).<br />
It should be noted that vulnerability is not a static condition. For instance PAPs who were normal at the time<br />
valuation/ surveys might be found vulnerable a year later at the time <strong>of</strong> effecting compensation payments. Others<br />
who were found terminally ill with AIDS and therefore vulnerable during field surveys might have passed on but<br />
their heirs healthy and not vulnerable. This situation should therefore be handled on a case-by-case basis during<br />
RAP implementation.<br />
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Based on the above, information provided on vulnerable PAPs (Annex 4) should serve to inform RAP<br />
implementation team to identify nature and state <strong>of</strong> prevailing vulnerability and accord special assistance<br />
necessary.<br />
7.3.2 Compensation and Resettlement Measures<br />
Two main resettlement packages, the details <strong>of</strong> which are provided in the section below, have been designed to<br />
ensure adequate compensation for PAPs who lose assets or livelihoods when the project is implemented. These<br />
packages have been developed in consultation with the affected community, including PAPs and local<br />
councillors to give PAPs, depending on their vulnerability categorization, the opportunity to choose options that<br />
best suit their relocation needs and circumstances.<br />
Entitlement measures were developed basing on facts below:<br />
� The majority <strong>of</strong> PAPs will only lose a small section <strong>of</strong> land that abuts the road reserve. In some cases, this<br />
will also result in the loss <strong>of</strong> permanent or temporary structures, or crops. If they have room on their<br />
remaining land holding, PAPs are likely chose to construct new structures or plant crops on their adjacent<br />
land, rather than moving to a new village. As such, current social ties and access to infrastructure or<br />
services such as water sources, schools, shops, transport services and places <strong>of</strong> worship will be maintained.<br />
� The majority <strong>of</strong> PAPs have expressed a strong preference for cash compensation rather than replacement <strong>of</strong><br />
assets. This is despite their concerns regarding the rising price <strong>of</strong> land and construction materials;<br />
� Some PAPs however, particularly vulnerable groups, demonstrated a preference for replacement assets.<br />
a) Option 1: Primary entitlement measures<br />
These measures are designed to be appropriate for the majority <strong>of</strong> PAPs, who are likely to only lose small strips<br />
<strong>of</strong> land adjoining existing road, some permanent or temporary structures. The measures include a mix <strong>of</strong> cash<br />
compensation for lost assets (including land, structures and crops), other assistance measures such as<br />
relocation assistance, and where appropriate, measures to cover any short-term changes in livelihood. It is<br />
presumed that the cash compensation will be used by PAPs to replace lost assets by purchasing new land<br />
where necessary and/or constructing a new structure on remaining portions <strong>of</strong> their current land plots.<br />
Livelihoods will be replaced through the development <strong>of</strong> new structures.<br />
b) Option 2: Other entitlement measures (provided to vulnerable groups or those whose land will become<br />
unviable as a result <strong>of</strong> the Project)<br />
These measures have been developed to assist vulnerable groups, or those whose land will become unviable<br />
after the resettlement. In this scenario, land and structures would be replaced (with the same tenure as preresettlement),<br />
and assistance would be provided to move household or business goods. No cash compensation<br />
would be provided for assets, but a transition and disturbance allowance shall be provided to overcome any<br />
short-term changes in livelihood.<br />
c) Measures common to both scenarios<br />
Taxes and charges associated with the purchase <strong>of</strong> new land will be paid directly by the Project. PAPs choosing<br />
cash compensation will have a choice <strong>of</strong> either receiving a cash payment or into a bank account opened by the<br />
Project (if a PAP does not have one) covering all associated bank fees and charges associated with opening a<br />
new account.<br />
The following provides a description <strong>of</strong> each <strong>of</strong> the entitlement measures for loss <strong>of</strong> assets, loss <strong>of</strong> livelihoods<br />
and other entitlement measures.
7.4 VALUATION AND COMPENSATION LOSSES<br />
7.4.3 Description <strong>of</strong> Entitlement Measures<br />
7.4.3.1 Compensation for loss <strong>of</strong> land<br />
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Compensation for the loss <strong>of</strong> land will be <strong>of</strong>fered to all PAPs who currently own or use land, irrespective <strong>of</strong><br />
legality their tenure. Strip maps showing location <strong>of</strong> PAPs by road section or location and detail <strong>of</strong> type and<br />
amount and value <strong>of</strong> assets (crops, trees, structures, dwelling houses, storage facilities, ancillary structures like<br />
fences and latrines) are provided in a separate volume “Property Valuation Report” prepared by an independent<br />
consultant. Reference should be made to this document for detail <strong>of</strong> PAPs and assets affected.<br />
Under the Primary Entitlement Measures (Option 1), cash compensation will be provided, based on market value<br />
and disturbance allowance <strong>of</strong> 30%. This is considered adequate for replacement value. During consultation,<br />
households mentioned that they had already begun looking for replacement land and were waiting on the<br />
compensation payment to affect the purchases.<br />
For vulnerable groups or those whose land will become unviable, an option will be provided for replacement land<br />
<strong>of</strong> similar size, quality and tenure (freehold or lease).<br />
7.4.3.2 Compensation for Loss <strong>of</strong> Crops<br />
a) Perennial crops<br />
Cash compensation will be provided for the loss <strong>of</strong> perennial crops, calculated using the approved district rates.<br />
However, since Uganda government rates do not include provision for loss <strong>of</strong> income associated with these<br />
crops, a transitional allowance will also be provided to cover any loss <strong>of</strong> livelihood during the period between loss<br />
<strong>of</strong> crops and availability <strong>of</strong> income from new (replanted) crops.<br />
The purpose <strong>of</strong> the perennial crop transition allowance is to cover lost income incurred by households during the<br />
transition period until replacement crops are ready for harvest. Compensation is paid based on assumption that<br />
10% <strong>of</strong> perennial crops are sold annually. Farmers are aware <strong>of</strong> possible future road expansions and do not<br />
grow permanent (perennial) crops in road reserves, or near roads generally. Since perennial crops are grown<br />
away from the road, 10% is suggested as a realistic proportion <strong>of</strong> potentially affected perennial crops. PAPs will<br />
be paid 10% <strong>of</strong> their annual crop income for 3 years to provide a transition allowance while new crops are grown.<br />
Considering the small strips <strong>of</strong> land to be lost along the road, respective compensation values shall be<br />
proportionately derived for each affected land size.<br />
b) Annual (seasonal) crops<br />
The project will provide all compensation under the entitlement matrix three months prior to the commencement<br />
<strong>of</strong> construction. At the time <strong>of</strong> payment, the timing <strong>of</strong> the project will be made clear and instruction provided as to<br />
how crops will be managed during this time. This timeframe provide adequate opportunity for all seasonal (or<br />
“annual”) crops to be harvested, and thus there is no impact to annual crops. As such, no direct compensation<br />
will be paid for these crops.<br />
A transitional allowance will be provided to ensure that any changes in livelihood derived from such crops is<br />
adequately compensated. Compensation will be paid in the amount <strong>of</strong> Ug. Shs 24,000 per household which<br />
loses annual crops. This is calculated on the basis <strong>of</strong> 10% <strong>of</strong> the average daily income from agriculture, for a<br />
period <strong>of</strong> one month. The assumptions that underpin this calculation are as follows:
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� The range <strong>of</strong> income earned from agricultural products in the project affected areas is Ug.Shs 1,700 -25,000<br />
daily, thus an average <strong>of</strong> Ug.Shs 12,000 per day. This includes income derived from livestock, which will not<br />
be affected by the Project;<br />
� Most households will only lose a small percentage <strong>of</strong> their land plot, and thus agricultural activities and<br />
income derived from them would mostly remain unaffected in the remaining land;<br />
� Adequate time will be provided for the harvest <strong>of</strong> crops and compensation for lost land and other assets will<br />
be provided in advance, enabling replacement. Impacts therefore, are likely to be minimal.<br />
These measures are the same under Option 1 and 2. Compensation rates for crops are guided by district rates<br />
usually updated regularly.<br />
c) Unintentional damage to crops<br />
If there is unintentional damage to crops during road construction whether owned by PAPs or not, compensation<br />
will be paid for both annual and perennial crops, based on the approved district rates.<br />
7.4.3.3 Compensation for loss <strong>of</strong> structures<br />
a) Owners <strong>of</strong> permanent structures<br />
For current land owners, under the primary entitlement measures (Option 1), cash compensation for permanent<br />
structures will be provided, calculated basing on prevailing market value, and a disturbance allowance <strong>of</strong> 30%.<br />
In addition, a further payment is recommended to cover the increase in cost <strong>of</strong> construction materials from the<br />
time government rates were developed in each <strong>of</strong> the two districts. This will be calculated at the current inflation<br />
rate.<br />
Those who would prefer the non-cash based compensation (Option 2), a new permanent structure (either<br />
business or residential) will be provided. This will be <strong>of</strong> similar size, design and tenure as current structures, and<br />
where possible, will be located in the same village as the current structure. This process will be undertaken in<br />
consultation with the affected household/business.<br />
b) Tenants <strong>of</strong> permanent structures (residential and commercial)<br />
Under the primary entitlement measures (Option 1), if tenants <strong>of</strong> permanent or temporary structures are<br />
identified, they will be provided with cash compensation for any fixed assets that cannot be relocated. It is<br />
however unlikely that these will exist since tenants are not usually allowed to develop permanent assets on<br />
rented premises.<br />
c) Owners and tenants <strong>of</strong> temporary structures<br />
Affected persons may salvage building materials at their own cost from old structures to reuse elsewhere.<br />
Also, for those moving to a new settlement, or non-adjacent land, transport assistance will be provided by UNRA<br />
forthe households or business goods. In addition, for vulnerable groups only, labor will be provided where<br />
necessary to assist with loading and unloading <strong>of</strong> property, as determined on a case by case basis. This<br />
measure is considered unnecessary for non-vulnerable households, as they would prefer this to be done by<br />
household members to avoid theft, and maintain privacy about their household or business property. Districts<br />
have also established compensation rates for temporary structures that are updated regularly.<br />
d) Damage to structures (permanent and temporary)<br />
If there is unintentional damage to the structures during the construction process, compensation will be paid for<br />
all losses by the contractor. This will be calculated based on approved district rates (for semi-permanent
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structures) and market value (for permanent structures) and will be available for all structures whether owned by<br />
PAPs or not.<br />
7.4.3.4 Compensation for loss <strong>of</strong> business (owners and tenants)<br />
Compensation will be paid to business owners and tenants for the potential loss <strong>of</strong> business income. A transition<br />
allowance will be provided in the amount <strong>of</strong> UgShs 240,000, which is calculated on 50% <strong>of</strong> the average daily<br />
income for a period <strong>of</strong> one month. This measure has been based on the following assumptions:<br />
� The range <strong>of</strong> income earned in businesses in the project affected areas is UgShs3,500-60,000 per day, thus<br />
an average <strong>of</strong> UgShs18,500 per day (see baseline section);<br />
� Most PAPs are likely to choose to relocate their business onto the adjoining portion <strong>of</strong> their land, and thus<br />
will remain in their current village (see above for compensation measures for the loss <strong>of</strong> land);<br />
� Much <strong>of</strong> the trade for retail or restaurant/bar businesses is from within the locality (town or trading center),<br />
and thus is likely to remain constant during the construction and operation phases <strong>of</strong> the Project; and<br />
� Households are likely to be able to continue to operate their current business from the old structure while<br />
new premises is constructed (using compensation payment), therefore income will still be generated during<br />
this time.<br />
7.4.3.5 Compensation for loss <strong>of</strong> employment<br />
The number <strong>of</strong> PAPs who will lose employment as a result <strong>of</strong> the Project, even in the short term, is very low.<br />
Those most likely to be affected are those working in roadside wooden kiosks, shops, bars and restaurants. For<br />
those who do lose employment, a transition allowance <strong>of</strong> UgSh 95,000 will be provided for workers in all affected<br />
business. This is calculated on the basis <strong>of</strong> the average wage for a period <strong>of</strong> one month. The assumptions that<br />
underpin this calculation include the following:<br />
� Bar or restaurant workers generally earn between UgShs 35,000 per month (when housed and UgShs<br />
70,000 per month if not housed. Shop workers generally earn slightly more, between UgShs 82,000 per<br />
month (when housed) and UgShs 125,000 per month (if not housed). The average income therefore is<br />
about UgSh 89,500 per month.<br />
� Most workers will continue their employment in the new premises, and thus there will be minimal change to<br />
livelihoods. However, a transition allowance will provide assurance that their livelihoods are not affected.<br />
7.5 PAYMENT MODALITIES<br />
7.5.1 Payment <strong>of</strong> bank charges<br />
For households which do not currently have a bank account, but would prefer compensation not to be made in<br />
cash, the Project will facilitate opening <strong>of</strong> a bank account and will pay all associated costs directly to the Bank.<br />
Account opening charges might also entail costs associated with acquisition <strong>of</strong> identification documents or<br />
recommendation documents from local councils and all these will be refunded by UNRA on a case-by-case<br />
basis. UNRA is aware <strong>of</strong> the possible risk <strong>of</strong> squandering compensation payments made in cash. This however<br />
will not preclude the choice <strong>of</strong> cash payment for PAP who so wishes.<br />
7.5.2 Transport refund when collecting compensation<br />
The project will provide cash compensation in advance for the payment <strong>of</strong> transport to payment stations for the<br />
collection <strong>of</strong> compensation payments. This will be in the amount <strong>of</strong> 20,000 per household, based on prevailing<br />
average transport costs in the project areas.
7.5.3 Payment options<br />
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All PAPs will receive cash compensation in a lump sum before project implementation commences in line with<br />
<strong>African</strong> Development Bank Policy which calls for full compensation prior to property demolition or displacement.<br />
7.5.4 Notification <strong>of</strong> Compensation<br />
Before receiving their compensation, each PAP will have had chance to view their entitlement. The household<br />
entitlement will indicate details <strong>of</strong> their property valuation and compensation sum due, including the following:<br />
� Compensation amount approved by the Chief Government Valuer.<br />
� A description <strong>of</strong> methods used, including specifics <strong>of</strong> the valuation <strong>of</strong> structures, crops and land.<br />
� Additional measures to be paid by the project, such as transitional or transport allowance, and also detail the<br />
other support <strong>of</strong>fered by the Project, such as relocation assistance.<br />
� Information regarding documents required to claim compensation (such as original documentation or<br />
passport photos).<br />
Upon receiving the individual entitlement matrix, the PAP must sign acceptance <strong>of</strong> their entitlement choices. In<br />
addition, the claimant will be asked for identification.<br />
In cases where landowners do not reside in project areas:<br />
� UNRA will check with caretakers on the land to establish contact detail <strong>of</strong> actual owners.<br />
� If this fails, UNRA will place advertisements in national papers or radios to inform these land owners about<br />
their compensation entitlements.<br />
a) Payment Days<br />
Dates on which PAPs receive payment will depend on payment days assigned to the PAPs’ respective villages.<br />
Payment will be disbursed to PAPS two villages per day (“Village Payment Days”).<br />
Heads <strong>of</strong> households should be accompanied by spouses to receive compensation payments. However, if a<br />
spouse is unable to come along then claimant should carry a letter signed by the spouse to this effect. In the<br />
case <strong>of</strong> polygamous households, UNRA will encourage all their spouses to be present during compensation<br />
payments. Complaints arising from such compensation will be addressed under the grievance process. UNRA<br />
will ensure that communities are made aware <strong>of</strong> this during RAP disclosure.<br />
Also during disclosure, women will be encouraged to accompany their spouses to payment stations if there is a<br />
possibility <strong>of</strong> misuse <strong>of</strong> compensation payments by their husbands. Wherever practical for such couples, UNRA<br />
will seek to know the proposed plan for use <strong>of</strong> compensation payments and provide appropriate advice.<br />
If a PAP misses their respective “Village Payment Days” – the PAP should make special arrangements with<br />
respective LC1s to collect their payment. However, every effort will be made by the Project to ensure that<br />
households are available on allocated payment days.<br />
b) Location<br />
Disbursements will be handed out at a local bank (“Disbursement Location”).
c) Who shall be present at payment location<br />
At least three <strong>of</strong> the following representatives will present at the Disbursement Location:<br />
� UNRA representative<br />
� Representatives <strong>of</strong> the local administration<br />
� A representative <strong>of</strong> the district administration<br />
d) Tracking payment:<br />
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To track payments, photographs <strong>of</strong> all PAPs will be taken, which will be entered into the compensation log.<br />
e) Payment by instalment<br />
UNRA will provide full upfront payment before commencing construction <strong>of</strong> the proposed.<br />
f) Exceptional situations<br />
� Deceased Owners: A heir or representative <strong>of</strong> the deceased appointed by the Administrator General<br />
will receive compensation on behalf <strong>of</strong> a deceased person. During RAP disclosure, PAPs will be<br />
informed <strong>of</strong> documentation required for this purpose.<br />
� Joint Owners: Before compensation is done to one <strong>of</strong> joint owners, a signed letter must be presented<br />
showing that the other parties have authorised the said person to receive payment on their behalf.<br />
� Disputed Ownership: In case <strong>of</strong> property disputes, ownership <strong>of</strong> a property has to be verified by a<br />
letter from the local village council (LC1). Ownership <strong>of</strong> a disputed property is resolved by a land<br />
committee (at Sub-country level) together with local council (LC) leadership <strong>of</strong> the village in which the<br />
property is located. Modalities and processes for resolving such disputes are already in place within the<br />
local government administration system. If these free structures fail, a person resorts to the courts <strong>of</strong><br />
law.<br />
7.5.5 Mutation <strong>of</strong> Compensated Land<br />
Upon payment, Mutation Forms will be filled and Letters <strong>of</strong> Surrender issued to title deed holders. Land<br />
compensated by the project will be mutated from title deeds and ownership reverts to UNRA as a road reserve.<br />
A summary <strong>of</strong> entitlement matrix is shown in Table 7.1.
Table 7.1: Entitlement matrix<br />
Impact Description Entitled Compensation Measure Unit<br />
For all Project affected households<br />
a) RESETTLEMENT<br />
ASSISTANCE<br />
Banking fees � Payment <strong>of</strong> any bank charges associated<br />
with receipt <strong>of</strong> cash compensation<br />
� Payment <strong>of</strong> fees for opening new bank<br />
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account (if required)<br />
Transport costs � Transport to the location where<br />
compensation will be provided<br />
All affected PAPs<br />
(per household)<br />
All PAPs (per<br />
household)<br />
Payment <strong>of</strong> all relevant fees and charges<br />
directly to the bank (cash compensation to<br />
individual households is not applicable).<br />
UgSh/ household<br />
Cash compensation UgSh /household<br />
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Impact Description Entitled Compensation Measure Unit<br />
Specific Entitlements<br />
Loss <strong>of</strong> land � No permanent structure on the land<br />
� Permanent structure will not be<br />
demolished<br />
� Remaining land still viable for current use<br />
� No permanent structure on the land or<br />
permanent structure thereon will not be<br />
demolished<br />
� Land used or owned by vulnerable<br />
households, or<br />
� Land owner becomes landless (as defined<br />
by Ugandan law) or land reduction results<br />
in food insecurity<br />
� Land on which permanent structure to be<br />
demolished is located;<br />
� Land used or owned by vulnerable<br />
households.<br />
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Lease<br />
Freehold<br />
Government<br />
Lease<br />
Freehold<br />
Government<br />
Lease<br />
Freehold<br />
Government<br />
Cash compensation<br />
Cash compensation 1 .<br />
Note: <strong>African</strong> Development Bank policy strongly<br />
urges land-for-land compensation. This should be<br />
provided where appropriate.<br />
Cash compensation<br />
Note: <strong>African</strong> Development Bank policy strongly<br />
urges land-for-land compensation. This should be<br />
provided where appropriate.<br />
Loss <strong>of</strong> structures � Permanent dwelling Owner Cash compensation at replacement value<br />
� Permanent dwelling Tenant Disturbance allowance<br />
� Permanent business structure Owner, nonvulnerable<br />
Cash compensation<br />
� Permanent business structure Owner, vulnerable Cash compensation<br />
� Permanent business structure Tenant Disturbance allowance<br />
� Permanent structure used for both<br />
Owner, non- Cash compensation equivalent to demonstrable lost<br />
dwelling and business<br />
vulnerable<br />
pr<strong>of</strong>its<br />
� Permanent structure used for both<br />
Owner, vulnerable Cash compensation equivalent to demonstrable lost<br />
dwelling and business<br />
pr<strong>of</strong>its<br />
� Permanent structure used for both<br />
dwelling and business<br />
Tenant Disturbance allowance<br />
� Temporary structure (e.g. pit latrine, fence<br />
etc)<br />
Owner Cash compensation<br />
Loss <strong>of</strong> perennial crops � Crops with growth period more than a Crop owner � Cash compensation<br />
year.<br />
� Transition allowance<br />
� Payment for damage to crops (if any)<br />
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Various amounts dependant<br />
on crop/plant.
Impact Description Entitled Compensation Measure Unit<br />
Loss <strong>of</strong> annual crops � Six months or more notice provided prior<br />
to use <strong>of</strong> the land by the Project.<br />
Owner � No compensation payable.<br />
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Farmer free to harvest their crops even<br />
after expropriation if they have not been<br />
damaged by construction.<br />
� Less than 6 months’ notice provided prior<br />
to use <strong>of</strong> the land by the Project<br />
Note: Farmers will be free to harvest their<br />
crops even after expropriation if they have<br />
not been damaged by construction.<br />
Owner � Crops that take more than 3 months to grow to<br />
harvesting stage are not considered seasonal<br />
crops and are eligible for compensation.<br />
Transition allowance<br />
� Payment for damage to crops (if any)<br />
Set amount<br />
Loss <strong>of</strong> business � Businesses who move to new settlement Owners<br />
� Transport assistance to move business goods. UgShs/ trip<br />
or to non-adjacent land<br />
Tenants<br />
� Transition allowance<br />
UgShs/ business<br />
� Businesses who move to adjacent land Owners<br />
Tenants<br />
� Transition allowance UgShs/ business<br />
Loss <strong>of</strong> employment � Employees in business where structure is Employees � Transitional allowance<br />
UgShs/ individual<br />
to be demolished due to Project activities<br />
� If feasible ensure continuity <strong>of</strong> employment <strong>of</strong><br />
affected persons by contactor providing job on<br />
road project (where any PAP is interested in<br />
such jobs).<br />
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1. Defined here as the government rates, and disturbance allowance under Ugandan law (15% or 30%). All cash compensation will include a disturbance allowance.<br />
Affected people prevalently preferred cash compensation for assets (land and structures) in spite <strong>of</strong> inherent risks (e.g. squandering resources before rebuilding their livelihoods, theft, inflation, etc). For buildings PAPs<br />
would have liberty to salvage construction materials or any material they desire from affected structures.
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8 CONSULTATION WITH AFFECTED COMMUNITIES<br />
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Consultations were carried out with project affected people and district <strong>of</strong>ficers during preparation <strong>of</strong> this RAP to<br />
provide opportunity for them to know project objectives, possible social-economic impacts and resettlement<br />
options were available to them. Feedback from consultations was analysed, documented and integrated in<br />
resettlement measures reported in this report. During consultations, it was clearly explained to PAPs that<br />
resettlement did not only mean displacement and relocation in the literal sense but also loss <strong>of</strong> income<br />
(economic displacement). The cut-<strong>of</strong>f date was communicated to stakeholders and its implication on assets<br />
developed after that date explained.<br />
Consultations were conducted from 22 nd September, 2010 to 9 th August, 2012 in each trading center <strong>of</strong> village<br />
along the road in form <strong>of</strong> town-hall meetings open to all PAPs and stakeholders. Villages suitably located near<br />
each other were <strong>of</strong>ten consulted in a joint meeting. Notably, there was no restriction on women to attend<br />
consultation meetings, which in some places were attended almost in equal numbers by both men and women.<br />
In each district, consultants started with Local Government Officials before meeting communities.<br />
Table below gives a summary <strong>of</strong> key stakeholder views detailed in Annex 2.<br />
Table 8.1: Stakeholder views<br />
Issues/ Concerns Stakeholder suggestions or consultant responses<br />
1 PAPs were concerned that receiving and To avoid this, people preferred to receive large compensation<br />
keeping cash payments at home could payments in bank accounts. Most PAPs actually did not have bank<br />
lead to robberies.<br />
accounts and requested UNRA to facilitate opening them at local<br />
banks such as Stanbic, Centenary Bank and Post Bank.<br />
2 Lack <strong>of</strong> legal title deeds for land and<br />
buildings to prove ownership may preclude<br />
such PAPs from receiving compensation.<br />
3 Lack <strong>of</strong> letters <strong>of</strong> administration and family<br />
conflicts about rightful person to receive<br />
compensation may cause delay in<br />
receiving compensation.<br />
4 PAPs developing property wanted to know<br />
if construction should cease or continue<br />
after a given building had been valued for<br />
compensation.<br />
5 When would compensation payments be<br />
made?<br />
6 There is need to protect existing public<br />
infrastructure such as water sources,<br />
water mains and electricity mains.<br />
7 We are concerned that Local Councils levy<br />
a 10% fee on compensation payments<br />
made to each PAP. Should this be the<br />
case, is it legal?<br />
8 Gender violence may increase in<br />
households as a result <strong>of</strong> men controlling<br />
All persons irrespective <strong>of</strong> their ownership status (i.e. with or without<br />
title deeds and users) are eligible for compensation so long as they<br />
existed during property census and valuation period.<br />
Any conflicts between titled land owners and occupants will be<br />
managed through the grievance process developed as part <strong>of</strong> this<br />
RAP.<br />
In such cases, money will be kept until family grievances are resolved.<br />
Any additional investment made on affected buildings will not be<br />
compensated if they were not captured during property census and<br />
valuation exercise.<br />
UNRA will communicate these dates to PAPs.<br />
These facilities shall be protected and be restored if ever damaged<br />
during road construction.<br />
This should not happen and UNRA should ensure this is<br />
communicated during RAP disclosure. Resettlement is not a<br />
commercial “for-pr<strong>of</strong>it” transaction. Affected assets are not sold for a<br />
pr<strong>of</strong>it and compensation payment simply replaces lost assets,<br />
therefore it is not taxable income.<br />
Involve local leaders in grievance redress <strong>of</strong> household violence<br />
associated with misuse <strong>of</strong> compensation payments.
and squandering compensation payments.<br />
9 What happens if wrong names are given<br />
to valuers by caretakers due to the<br />
absence <strong>of</strong> actual property owner.<br />
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Those property owners should inform valuers as soon as possible for<br />
records to be corrected.<br />
In summary key issues routinely encountered in communities along the road are outlined below:<br />
� Keeping cash payments at home could induce spates <strong>of</strong> robberies after compensation.<br />
� Lack <strong>of</strong> asset ownership documents (title deeds) may preclude PAPs from compensation.<br />
� There was need to know exact project commencement date and when compensation would be<br />
undertaken.<br />
� UNRA needs to protect existing infrastructure such as water sources, electricity mains and repair them<br />
if damaged by road works<br />
� Gender violence in households can increase if men control /squander compensation payments.<br />
These and other findings were utilized in development <strong>of</strong> resettlement strategies for the project.<br />
Representative photographs <strong>of</strong> typical meetings are provided below.<br />
Plate 8.1: PAPs meeting at Kyakapeya Trading Center
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Plate 8.2: Meeting with Kyenjojo District Local<br />
Government Officials held at district Headquarters<br />
Plate 8.3: PAPs meeting in Kikwatamigo village<br />
Plate 8.4: PAPs meeting in Bulima village
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Plate 8.5: PAPs meeting in Kasindizi Trading<br />
Center<br />
Plate 8.6: PAPs meeting in Kibaire Trading Center<br />
Plate 8.7: PAPs meeting in Kyabagambire Subcounty<br />
headquarters
9 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES<br />
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This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff<br />
or contractors during RAP implementation. It also describes procedures, roles and responsibilities in grievance<br />
management process.<br />
This grievance procedure will not replace existing legal process in Uganda rather it seeks to resolve issues<br />
quickly so as to expedite receipt <strong>of</strong> entitlements and smooth resettlement without resorting to expensive and<br />
time-consuming legal process. If the grievance procedure fails to provide a settlement, complainants can still<br />
seek legal redress in courts <strong>of</strong> law. The grievance system will operate for a total <strong>of</strong> three years.<br />
The project will put in place an extra-judicial mechanism for managing grievances and disputes based on<br />
explanation and mediation. Every aggrieved person shall be able to trigger this mechanism, while still being able<br />
to resort to the formal judicial system. Objectives <strong>of</strong> the grievance process are as follows:<br />
� Provide affected people with avenues for making a complaint or resolving any dispute that may arise during<br />
land and asset acquisition,<br />
� Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to<br />
address complaints,<br />
� Verify that complaints are satisfied with outcomes <strong>of</strong> corrective actions,<br />
� Avoid the need to resort to judicial proceedings.<br />
9.1 GRIEVANCE COMMITTEE<br />
A dedicated Grievance Committee will be established to assess grievances during RAP implementation. This<br />
committee must have a quorum <strong>of</strong> at least 3 people and decisions will be reached by simple majority. The<br />
Grievance Committee should be constituted for as long unresolved grievances are pending.<br />
This will include the following members:<br />
� Two representatives <strong>of</strong> PAPs (one woman and man)<br />
� Local Council III (LC3);<br />
� District Land Officer - Surveyor;<br />
� UNRA representative<br />
� A property valuer,<br />
� Grievance Officer (GO): This is sociologist provided by the RAP implementation consultant contracted<br />
by UNRA.<br />
9.2 GRIEVANCE MECHANISM<br />
The Grievance mechanism will receive inputs from three main sources:<br />
� Directly from PAPs residents or other members <strong>of</strong> community and not necessarily PAPs.<br />
� From implementation teams executing the resettlement.<br />
� From Monitoring and Evaluation Officer who will forward concerns identified in project affected areas.<br />
Main actions <strong>of</strong> the grievance process are illustrated in Figure 8.1 and described in sections below.
Step 1: Receipt <strong>of</strong> complaint<br />
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A verbal or in written complaint from a PAP will be received by the Grievance Officer and recorded in a grievance<br />
log (electronically if possible) which will be held at UNRA field <strong>of</strong>fice. There will be need for the grievance team to<br />
hold meetings at sub-county headquarters where grievances are received by a contact person such as the Subcounty<br />
Chief. This would then hand over received complaints to UNRA’s grievance <strong>of</strong>ficer, for entering into the<br />
grievance log. The log would indicate grievances, date lodged, actions taken or reasons the grievance was not<br />
acted on (i.e. the grievance was not related to the resettlement process); information provided to complainant<br />
and date the grievance was closed. Grievances can be lodged at any time, either directly to UNRA <strong>of</strong>fice or<br />
through a grievance committee member. The process for lodging a complaint is outlined below:<br />
� The Grievance Officer will receive a complaint from complainant.<br />
� The Grievance Officer will ask the claimant questions in their local language, write the answers in<br />
English and enter them into the Grievance Form.<br />
� The local leader and complainant both sign the Grievance Form after they both confirm the accuracy <strong>of</strong><br />
the grievance.<br />
� The Grievance Officer lodges the complaint in the Grievance Log.<br />
Step 2: Determination <strong>of</strong> corrective action<br />
If in their judgement, the grievance can be solved at this stage, the Grievance Officer and will determine a<br />
corrective action in consultation with the aggrieved person. A description <strong>of</strong> the action; the time frame in which<br />
the action is to take place and party responsible for implementing the action will be recorded in the grievance<br />
database.<br />
Grievances will be resolved and status reported back to complainants within 30 days. If more time is required,<br />
this will be communicated in advance to the aggrieved person. For cases that are not resolved within the<br />
stipulated time, detailed investigations will be undertaken and results discussed in the monthly meetings with<br />
affected persons.<br />
Step 3: Meeting with the complainant<br />
Corrective action and timeframe in which it is to be implemented will be discussed with the complainant within 30<br />
days <strong>of</strong> receipt <strong>of</strong> the grievance. Written agreement to proceed with the corrective action will be sought from the<br />
complainant (e.g. by use <strong>of</strong> an appropriate consent form). If no agreement is reached, Step 2 will be re-visited.<br />
Step 4: Implementation <strong>of</strong> corrective action<br />
Agreed corrective action will be undertaken by the project or its contractors within the agreed timeframe and<br />
completed action recorded in the grievance database.<br />
Step 5: Verification <strong>of</strong> corrective action<br />
To verify satisfaction, the aggrieved person will be approached by the Grievance Officer to verify that corrective<br />
actions have been implemented. A signature <strong>of</strong> the complainant will be obtained and recorded in the log and/or<br />
on the consent form (see Step 3). If the complainant is not satisfied with outcome <strong>of</strong> the corrective action,<br />
additional steps may be undertaken to reach agreement.
Step 6: Action by local leaders and project contractors<br />
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If the Grievance Officer and independent observer cannot solve the grievance, it will be referred to UNRA for a<br />
solution that satisfies the aggrieved party.<br />
Step 7: Action by Grievance Committee<br />
If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complaint will be<br />
handled by the Grievance Committee. Once the Grievance Committee has determined its approach to the<br />
lodged grievance, this will be communicated to the Grievance Officer, who will communicate this to the<br />
complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily.<br />
However if the complainant is not satisfied, outstanding issues may be re-lodged with the Grievance Committee<br />
or the complainant may proceed with judicial proceedings. This grievance management process recognizes that<br />
the formal judicial process would be lengthy and costly for PAPs and is recommended only after all free redress<br />
options are exhausted.<br />
Step 8: Action by UNRA management<br />
If no satisfactory solution can be provided by the Grievance Committee the complaint will be resolved by UNRA<br />
top management and the independent <strong>of</strong>fice <strong>of</strong> the Chief Government Valuer. If after management intervention,<br />
resolution is not reached the complaint has the option to pursue recourse by judicial processes in courts <strong>of</strong> law.<br />
Sections below provide key people involved in the grievance redress process and associated actions.<br />
a) Grievance Officer<br />
A Grievance Officer (GO), who is a member <strong>of</strong> the implementation team, will lead the grievance mechanism.<br />
Principal responsibilities <strong>of</strong> the GO will include:<br />
� Recording grievances <strong>of</strong> affected people, categorizing and prioritizing them and providing solutions<br />
within a specified time period.<br />
� Discussing grievances on a regular basis and developing decision/actions for issues that can be<br />
resolved at that level.<br />
� Reporting to the aggrieved parties about developments regarding their grievances and decisions taken.<br />
� Providing inputs into the Monitoring and Evaluation process.<br />
All PAPs along the road will have access to the grievance process.<br />
b) Specific tasks <strong>of</strong> the GO<br />
i) Set up a systematic process <strong>of</strong> recording grievances in a register (“Grievance log”) as well as<br />
electronically (database). Upon request, PAPs may view a log <strong>of</strong> their grievances.<br />
The grievance log will be sent to the implementation team and UNRA management monthly so as to be<br />
aware <strong>of</strong> the nature <strong>of</strong> complaints being filed. Where confidentiality is sought by the aggrieved parties,<br />
their names would be concealed in this log.<br />
ii) Record both written and verbally communicated grievances.<br />
iii) Categorize issues in 3-4 broad categories in order to review and resolve them more efficiently. Suggested<br />
categories are grievances regarding:
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1. Replacement structure or land, and procurement <strong>of</strong> construction materials;<br />
2. Agriculture and crops;<br />
3. Livelihoods; and<br />
4. Valuation process and payment <strong>of</strong> compensation.<br />
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iv) Prepare a database for recording and keeping track <strong>of</strong> grievances and how they were resolved. The<br />
database shall be a ‘living’ document, updated weekly. Access to making entries into the database<br />
shall be restricted to the implementation team, but a PAP will be able to obtain feedback on the status <strong>of</strong><br />
his/her grievance at any time.<br />
v) Communicate the grievance procedure to people, process <strong>of</strong> recording their complaints and timelines<br />
for redress. Communication will be provided during household disclosure process and to community<br />
leaders. Information will also be provided to affected persons outlining procedures and commitments <strong>of</strong><br />
the grievance mechanism.<br />
vi) Raise grievances at the regular Implementation Team meeting for discussion. Some resolutions will<br />
require coordination with the local authorities, which the GO should follow up, while some would require<br />
intervention from UNRA.<br />
c) Capacity building <strong>of</strong> the GO<br />
Since his/her role is crucial in ensuring that the RAP process is transparent, UNRA will select the GO not only<br />
based on educational qualifications and experience, but also commitment and communication ability. A flawed<br />
grievance process can disrupt the RAP process, leading to resentment and dissatisfaction among affected<br />
communities. Depending on the GO’s experience, capacity building for the GO may require initial orientation and<br />
a follow-up training program. In such cases, training should include the following:<br />
� Use <strong>of</strong> computers and maintenance <strong>of</strong> databases to record and update the Grievance Register,<br />
� Effective use <strong>of</strong> communication mediums and methods to interact with the community as well as for conflict<br />
resolution, and<br />
� Coordination with relevant stakeholders which may include the implementation team, contract team, or local<br />
authorities.<br />
Other members <strong>of</strong> the committee are considered to have straight forward roles in grievance redress process,<br />
similar to their usual job mandate, as outlined below:<br />
� Local Council III would provide counsel related to verification <strong>of</strong> identity <strong>of</strong> property ownership and related<br />
citizenry complaints.<br />
� The District Land Surveyor will provide guidance on complaints related to property survey.<br />
� The valuer will guide about how property values are derived based on either market value or District<br />
Compensation Rates.<br />
� The UNRA present positions representing the institutions view.
9.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES<br />
9.3.1 Valuation<br />
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In addition to the overall management process for grievances (Figure 8.1), there are likely to be grievances<br />
specifically related to property valuation. These are likely to come when households consider compensation<br />
values for their assets insufficient. This might arise when PAPs doubt if valuation values do indeed provide<br />
replacement value. If PAPs misunderstood the compensation process and believe they are entitled to additional<br />
compensation, they might lodge complaints. Given this, the project has developed a dedicated procedure to<br />
manage and close out grievances relating to valuation.<br />
9.3.2 Valuation grievance decision making procedures<br />
While some grievances would be resolved by the committee, others might not, such as when the claimant<br />
contests District property or crop compensation rates. Therefore the Grievance Officer (GO) will determine<br />
whether a complaint can be resolved by the committee or, if not, referred to the Chief Government Valuer<br />
(“CGV”).<br />
� If not, the GO refers the complaint to the CGV.<br />
� CGV refers grievance to the valuer and surveyor. If no settlement is reached at this stage, the<br />
aggrieved person can resort to judicial process.<br />
� If a complaint concerns the road contractor, the Grievance Officer refers such a complaint to UNRA<br />
Management.<br />
Affected Residents<br />
Communicate decision<br />
Yes<br />
Grievance Database<br />
Grievance Officer and<br />
Independent Organization<br />
Executive<br />
Director<br />
UNRA<br />
Can it be<br />
resolved?<br />
File grievance<br />
No<br />
Figure 8.1: Grievance management mechanism.<br />
No<br />
Is it<br />
resolved?<br />
Yes<br />
Key:<br />
Local Leaders, UNRA –<br />
SEO, Construction<br />
Contractor,<br />
Valuer<br />
Grievance<br />
Committee,<br />
UNRA<br />
Grievances/issues<br />
Response<br />
Yes<br />
Can it be<br />
resolved?<br />
No
10.1 IMPLEMENTATION ARRANGEMENTS<br />
10.1.1 RAP Implementation Unit<br />
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10 RAP IMPLEMENTATION<br />
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Before road works commence, affected people will be fully compensated before taking their land or demolishing<br />
structures. RAP implementation will be a responsibility <strong>of</strong> UNRA, which may hire an independent consultant. This<br />
consultant will constituted a RAP implementation unit implement which will, at a minimum, comprise the<br />
following:<br />
� Land surveyor<br />
� Property Valuer<br />
� Accountant<br />
� Sociologist<br />
� Legal <strong>of</strong>ficer<br />
Districts political leadership may be involved mainly serving as witnesses to the RAP implementation process. A<br />
technical representative, preferably from the District Land Office or Social Development Office will be useful in<br />
providing on-the-spot technical answers to PAPs, at the payment desk, when necessary.<br />
Before resettlement, the entities will be responsible for planning implementation <strong>of</strong> the RAP, communicating<br />
compensation measures identified in the RAP to PAPs (disclosure <strong>of</strong> entitlements) and dealing with day-to-day<br />
activities associated RAP implementation. Throughout and after RAP implementation UNRA and AfDB will be<br />
responsible for monitoring and evaluation activities.<br />
10.1.2 Implementation Schedule<br />
RAP implementation is proposed over a period <strong>of</strong> 16 months during which monitoring would be undertaken<br />
throughout the construction period and for extra 6 months after construction (Table 10.1). The RAP<br />
implementation unit and local committees would be formed shortly afterward approval <strong>of</strong> valuation report by<br />
CGV’s <strong>of</strong>fice.<br />
The implementation schedule in Table 10.1 covers all resettlement activities from preparation through<br />
implementation, including target dates for achievement <strong>of</strong> expected benefits.<br />
10.2 RESETTLEMENT BUDGET<br />
Compensation and resettlement budget (Table 10.2) was based on valuation surveyor’s computations <strong>of</strong> value <strong>of</strong><br />
affected land, structures as required by Uganda’s Chief Government Valuer. In Table 10.2, RAP implementation<br />
costs have also been added to asset valuations to derive overall RAP budget that entails both resettlement and<br />
implementation.<br />
Table 10.3 provides RAP budgets for Bulima-<strong>Kabwoya</strong> <strong>Kigumba</strong>-Bulima road sections to be funded by AfDB and<br />
detailed in Annex 8.
Table 10.1: Implementation schedule<br />
Project activities Time (Months)<br />
a) RAP approval.<br />
b) RAP disclosure.<br />
c) 3 months’ notice to leave property<br />
d) Grievances management.<br />
e) Compensation payment.<br />
f) RAP monitoring<br />
g) RAP completion audit<br />
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22<br />
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<br />
as such during RAP implementation. Completion Audit commences from the time compensation payment is accomplished.
Table 10.2: Resettlement budget for entire road<br />
a) Resettlement budget<br />
<strong>Road</strong><br />
section<br />
Kyenjojo -<br />
<strong>Hoima</strong><br />
<strong>Hoima</strong>-<br />
<strong>Masindi</strong><br />
<strong>Masindi</strong>-<br />
<strong>Kigumba</strong><br />
No. <strong>of</strong><br />
affected<br />
property<br />
owners<br />
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Land area<br />
(sq.m)<br />
Land Area<br />
(Hectares)<br />
Value <strong>of</strong> land<br />
(UgShs)<br />
Value for<br />
Buildings &<br />
Other<br />
Improvements<br />
(UGShs)<br />
Value <strong>of</strong><br />
trees, crops<br />
(UgShs)<br />
Subtotal<br />
15%<br />
Disturbance<br />
Allowance<br />
(UgShs)<br />
3% <strong>of</strong> crops value<br />
for livelihood<br />
restoration due to<br />
crop loss (UgShs) 1<br />
3% <strong>of</strong> value <strong>of</strong><br />
buildings for income<br />
restoration due to<br />
loss <strong>of</strong> businesses/<br />
business structures 2<br />
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Total Compensation<br />
Award<br />
(UgShs)<br />
A<br />
B<br />
C<br />
D= (A+B+C) E= 15%*(D) F=3%*(C)<br />
G=3%*(B)<br />
(D+E+FG)<br />
6270 3,343,430.90 334.33 8,713,963,262 3,016,129,811 719,457,600 12,449,550,673 1,867,432,601 21,583,728 90,483,894.33 14,429,050,896.33<br />
1549 1,048,895.42 104.89 1,208,144,437 974,956,271 219,900,500 2,403,001,208 360,450,181 65,97,015 29,248,688.13 2,792,700,077<br />
1186 776,716.70 77.67 1,291,005,289 431,025,413 74,083,900 1,796,114,602 269,417,190 2,222,517 12,930,762.39 2,080,685,071.39<br />
Total 1 9005 5,169,043.02 516.89 11,213,112,988 4,422,111,495 1,013,442,000 16,648,666,483 2,497,299,972 30,403,260 132,663,344.85 19,309,033,059.85<br />
b) RAP implementation budget<br />
1 RAP implementation consultant 3 300,000,000<br />
2 Monitoring & evaluation 100,000,000<br />
3 Provisional sum for special assistance to vulnerable people 50,000,000<br />
Total 2 450,000,000<br />
Total RAP budget (resettlement and implementation)<br />
Grand total (Total 1 + Total 2)<br />
-------<br />
Budget notes:<br />
1 : Livelihood restoration related to loss <strong>of</strong> crops but minimal impact on crops will occur since affected land is in existing road reserve.<br />
2 : Income restoration in regard to impacted commercial buildings and businesses.<br />
3 : Provisional sum for RAP implementation. Actual figure to be determined by competitive bidding.<br />
19,759,033,059.85
Table 10.2: RAP costs for the road section be funded by AfDB<br />
RAP Costs (relocation and compensation)<br />
<strong>Road</strong> Section<br />
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Value for Land<br />
(UGX)<br />
Value for Buildings & Other<br />
Improvements (UGX)<br />
Value for Crops (UGX) Sub Total (UGX) Disturbance<br />
Allowance at 15%<br />
<strong>of</strong> compensation<br />
sum (UGX)<br />
Total (UgX)<br />
Bulima-<strong>Kabwoya</strong> 3,701,920,738 1,173,732,506 241,076,850 5,116,730,094 1,535,019,028 6,651,749,122<br />
<strong>Kigumba</strong>-Bulima 1,753,981,949 741,283,743 147,015,500 2,642,281,192 792,684,358 3,434,965,550<br />
Total 5,455,902,687 1,915,016,249 388,092,350 7,759,011,286 2,327,703,386 10,086,714,672<br />
Assistance for restoring crop production: 11,642,770.50 UgX<br />
(i.e. opening new gardens, seeds)<br />
Compensation to relocate graves: 2,500,000.00 UgX<br />
Income restoration for businesses (shops,<br />
etc) : 57,450,487.47 UgX<br />
Provisional sum for assistance to<br />
vulnerable people: 40,500,000.00 UgX<br />
RAP implementation cost: 170,168,067.00 UgX<br />
Exchange rate (as <strong>of</strong> 2Oct 2012) : 1 USD = UgX 2552<br />
RAP monitoring and evaluation: 56,722,689.00 UgX<br />
TOTAL RAP budget for AfDB section 10,425,698,685.85 UgX<br />
Contingency for eventualities (put at 10% <strong>of</strong> total compensation sum)*:<br />
1,042,569,868.58 UgX<br />
Grand total<br />
11,468,268,554.43 UgX<br />
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11 MONITORING, EVALUATION AND COMPLETION AUDIT<br />
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The purpose <strong>of</strong> monitoring and evaluation for this RAP will be to check effectiveness <strong>of</strong> RAP implementation,<br />
covering resettlement, disbursement <strong>of</strong> compensation money and public involvement. Monitoring will also entail<br />
evaluation <strong>of</strong> effectiveness <strong>of</strong> the grievance management process.<br />
Sections below present the proposed monitoring and evaluation framework for RAP implementation, including a plan<br />
for monitoring and evaluation <strong>of</strong> compensation packages with indicators for measuring performance, impacts and<br />
outcomes. This plan also provides for reviews by stakeholders including the AfDB. The Framework includes a review<br />
<strong>of</strong> financial disbursements, compensation complaints and grievance redress, adherence to compensation payment<br />
schedule and support <strong>of</strong> vulnerable PAPs.<br />
11.1 GENERAL OBJECTIVES AND APPROACH<br />
The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness <strong>of</strong><br />
various resettlement processes and measures. This mechanism is based on two components:<br />
a) Internal monitoring – undertaken by the implementation unit’s Monitoring Officer,<br />
b) External evaluations –by AfDB and other national stakeholders.<br />
11.2 INTERNAL MONITORING PROCESS<br />
11.2.1 Overview<br />
Overall objectives and tasks <strong>of</strong> the internal monitoring process are:<br />
� Identification <strong>of</strong> suitable indicators;<br />
� Measurement <strong>of</strong> indicators at appropriate intervals;<br />
� Creation <strong>of</strong> a mechanism to analyze M&E data against a pre-resettlement baseline. This baseline should be<br />
contemporary and established by measurement, especially <strong>of</strong> incomes, income stability and livelihoods.<br />
� Set up a system to regularly respond to M&E findings by adapting existing measures or by modifying<br />
implementation processes.<br />
This monitoring process will be used to analyze progress and change at regular intervals. It shall be linked to the<br />
various stages <strong>of</strong> the RAP, as follows:-<br />
a) During resettlement<br />
During resettlement, M&E should focus on resettlement issues such as:<br />
� Number <strong>of</strong> families that have been compensated;<br />
� Number <strong>of</strong> people who have acquired legal documents to new property,<br />
� Number <strong>of</strong> business owners who have restored their businesses,<br />
� Efficiency and effectiveness <strong>of</strong> grievance redress mechanism.
) After resettlement<br />
Post resettlement monitoring should focus on rehabilitation issues, for example:<br />
� Success level <strong>of</strong> restoration <strong>of</strong> livelihoods<br />
� Success level <strong>of</strong> restoration <strong>of</strong> assets<br />
� Efficiency and effectiveness <strong>of</strong> grievance redress mechanism.<br />
11.2.2 Key Activities and Responsibilities<br />
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i) Set up a system: The RAP implementation team will provide a monitoring form to be completed monthly by<br />
a dedicated M&E <strong>of</strong>ficer. Information collected will be entered into a database at UNRA for further analysis<br />
and compilation into quarterly reports.<br />
ii) Ongoing Monitoring: The M&E Officer will be in-charge <strong>of</strong> regular monitoring <strong>of</strong> the implementation<br />
process. This will involve:<br />
a) Feedback and inputs from the Implementation Officers.<br />
b) Reviewing <strong>of</strong> the resettlement database.<br />
c) Receiving reports from Grievance Officer and <strong>of</strong> the grievance database.<br />
d) Receiving information from local representatives.<br />
e) Direct consultation with the resettled community at each location.<br />
iii) Monthly reports: Consolidated monthly reports with key findings from on-going monitoring should be<br />
submitted to the implementation team and discussed every month and action points determined. This<br />
monthly progress review should aim to ensure that the important issues are immediately rectified.<br />
iv) Vulnerability assessment: It is essential that vulnerability is closely monitored in order to provide timely<br />
support to susceptible households. A vulnerability assessment shall occur as part <strong>of</strong> quarterly auditing <strong>of</strong> all<br />
households, and those households that are most vulnerable shall be prioritized for monthly auditing and<br />
targeted assistance. This may be undertaken by the implementation Officer. Key activities are:<br />
a) Develop a set <strong>of</strong> criteria to identify vulnerable households (Note that this is intended to act as a<br />
guideline only and should be modified as appropriate).<br />
b) Every three months visit vulnerable households to assess key needs/ issues (e.g. unemployment) with<br />
the rehabilitation process.<br />
c) Develop a plan to address these issues in conjunction with members <strong>of</strong> the household.<br />
11.3 EXTERNAL EVALUATION PROCESS<br />
11.3.1 Overview<br />
In addition to internal monitoring, external assessment <strong>of</strong> the resettlement process should be undertaken through an<br />
external evaluation agency appointed by UNRA. The external evaluation process will be informed by internal<br />
monitoring reports prepared by UNRA, and also through independent surveys and consultation conducted by an<br />
evaluation agency UNRA may hire.<br />
The evaluation system will be based on:
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a) Process indicators that measure effectiveness (consultation, grievance) and inputs like people, equipment and<br />
materials and identify areas where improvements to existing processes are required. These may include the<br />
following:<br />
� Transparency <strong>of</strong> the implementation process.<br />
� Adequacy <strong>of</strong> staff and capacity <strong>of</strong> implementing entities agencies.<br />
� Compliance <strong>of</strong> the resettlement process with Ugandan law and <strong>African</strong> Development Bank<br />
standards.<br />
� Effectiveness <strong>of</strong> the grievance mechanism.<br />
� Adequacy and effectiveness <strong>of</strong> public involvement.<br />
� Effectiveness <strong>of</strong> the internal monitoring mechanism.<br />
b) Outcome indicators will assess effectiveness <strong>of</strong> resettlement and changes that have occurred to the<br />
communities’ standard <strong>of</strong> living. Key indicators are outlined in Table 11.1.<br />
Table 11.1: Monitoring indicators during resettlement (quarterly basis)<br />
Category Indicator<br />
Fund disbursement � Number <strong>of</strong> PAPs paid<br />
� Amount <strong>of</strong> money disbursed<br />
� Number <strong>of</strong> PAPs not paid in prescribed time (respective quarter)<br />
� Reasons for not paying PAPs<br />
Restoration <strong>of</strong> and<br />
assets livelihoods<br />
� Projected disbursements in the next 3 months<br />
� Number <strong>of</strong> PAPs who have reconstructed buildings<br />
� Reasons for not reconstructing dwellings<br />
� Number <strong>of</strong> commercial buildings replaced<br />
� Reasons for not reconstructing commercial buildings<br />
� Number <strong>of</strong> businesses restored<br />
� Reasons for not re-establishing businesses<br />
Public involvement � Participation <strong>of</strong> local leaders and community in resettlement process<br />
Grievance<br />
management<br />
Custody <strong>of</strong> legal<br />
documents<br />
Resettlement <strong>of</strong><br />
vulnerable PAPs<br />
� Number <strong>of</strong> grievances received<br />
� Number <strong>of</strong> grievances resolved<br />
� Number <strong>of</strong> complaints reported to other government agencies and outcomes including how<br />
grievance was resolved<br />
� Number <strong>of</strong> grievances refereed to Uganda Courts <strong>of</strong> Law<br />
� Number <strong>of</strong> outstanding grievances and reasons for not resolving them<br />
� Land title deeds received<br />
� Land title returned to owners<br />
� Number <strong>of</strong> vulnerable PAPs resettled<br />
� Kind <strong>of</strong> special assistance provided<br />
11.3.2 Key Activities and Responsibilities<br />
UNRA will liaise with relevant ministries (MoLGD, MoFPED, AfDPlB, CGV’s <strong>of</strong>fice) to undertake external evaluation<br />
<strong>of</strong> resettlement mid-term and at end <strong>of</strong> resettlement. These evaluations will focus on reviewing the process and<br />
making necessary recommendations for modification to existing rehabilitation measures and grievance redress<br />
processes.
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As part <strong>of</strong> its RAP supervision and monitoring, UNRA will at end <strong>of</strong> resettlement activities conduct a rapid socioeconomic<br />
survey, based on a sample <strong>of</strong> the total number <strong>of</strong> PAPs to establish effectiveness <strong>of</strong> resettlement. For the<br />
reason that baseline data in RAP will be old by end <strong>of</strong> resettlement activities, findings <strong>of</strong> this survey will also be<br />
compared with prevailing general socio-economic conditions along the road.<br />
RAP monitoring will also involve local government <strong>of</strong>fices such as the district Community Development Officer (CDO)<br />
who is mandated to address social issues including community mobilization. For this role, the district CDO can work<br />
with Assistant Community Development Officer (ACDO) at sub-county level. UNRA will identify and train NGOs to<br />
undertake monitoring <strong>of</strong> RAP implementation. It is noted however that local government structures (district and subcounty<br />
level) do not usually have the required knowledge, skills and financial resources to support RAP<br />
implementation and monitoring. It would be in the projects interest to develop a training program and provide<br />
necessary financial facilitation. UNRA therefore needs to sensitize district staff and other stakeholders about this<br />
RAP and implementation responsibilities required <strong>of</strong> them. This activity will be catered for under the budget line <strong>of</strong><br />
RAP monitoring and evaluation. During RAP implementation UNRA will submit to AfDB quarterly RAP<br />
implementation progress reports.<br />
11.3.3 RAP Completion Report<br />
After completion <strong>of</strong> resettlement, a final report will be submitted by UNRA to AfDB prior to preparation <strong>of</strong> the project<br />
implementation report. The report shall indicate effectiveness <strong>of</strong> project implementation and disbursement <strong>of</strong><br />
compensation payments, effectiveness <strong>of</strong> public involvement and socio-economic impacts <strong>of</strong> roadside communities.<br />
This report will give overall assessment <strong>of</strong> the RAP process indicating activities undertaken, success <strong>of</strong> mitigation<br />
action and monitoring and well as useful lessons learnt.<br />
11.3.4 Completion Audit<br />
A key aim <strong>of</strong> resettlement is to ensure compensation and other mitigation measures restore or enhance affected<br />
people’s quality <strong>of</strong> life and income levels. If quality <strong>of</strong> life <strong>of</strong> PAPs can be demonstrated to have been restored, then<br />
resettlement and compensation process can be considered “complete”. The purpose <strong>of</strong> Completion Audit will<br />
therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed<br />
resettlement commitments and applicable national and AfDB requirements.<br />
The completion audit will be based on progress and outcome evaluation indicators and shall aim to answer the<br />
following questions:<br />
Have the objectives <strong>of</strong> the RAP been reached in terms <strong>of</strong>:<br />
� Compensation for all impacts <strong>of</strong> all affected people,<br />
� Timely delivery <strong>of</strong> entitlements and compliance with Uganda’s and AfDB resettlement requirements,<br />
� Has compensation been fair and adequate to mitigate social impacts,<br />
� Have livelihoods been restored.
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12 CONCLUSION<br />
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The proposed project has considerable local and national socio-economic benefit. An improved road will bring<br />
considerable social benefits for Districts it passes through by stimulating trade and attracting public transport hence<br />
lowering transport cost for people and goods. Considering that the road project follows existing alignment,<br />
resettlement impacts are expected to be manageable with good planning, RAP implementation, grievance<br />
management and monitoring.
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REFERENCES<br />
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1. <strong>African</strong> Development Bank, 2003. Involuntary Resettlement Policy.<br />
2. <strong>African</strong> Development Bank, February 2004. <strong>African</strong> Development Bank Groups’ Policy on Environment<br />
3. <strong>African</strong> Development Bank, 2001. Environmental and Social Assessment Procedures<br />
4. <strong>African</strong> Development Bank, October 2003. Integrated Environmental Impact Assessment Guidelines<br />
5. Constitution <strong>of</strong> Republic <strong>of</strong> Uganda, 1995.<br />
6. Constitution <strong>of</strong> Republic <strong>of</strong> Uganda, 1995.<br />
7. Crosby, Benjamin L. March 1992. "Stakeholder Analysis: A Vital Tool for Strategic Managers." Technical<br />
Notes, no. 2. Washington, DC: Implementing Policy Change Project for the US Agency for International<br />
Development (USAID).<br />
8. Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA).<br />
9. GoU MoWT (2008), <strong>Road</strong>s Sub-Sector Gender Policy Statement.<br />
10. GoU MoWT (2008), <strong>Road</strong>s Sub-Sector HIV/AIDS Policy Statement.<br />
11. GoU MoWT (2008), <strong>Road</strong>s Sub-Sector Policy Statement for Occupational Health and Safety<br />
12. IFC (Environment and Social Development Department) Resettlement Handbook<br />
13. <strong>Hoima</strong> District Local Government District Strategic Plan for Orphans and other Vulnerable Children 2007/08-<br />
2011/12.<br />
14. Ministry <strong>of</strong> Works, Transport & Communications (now MoWT) 1999: Sector Environmental Policy &<br />
Management Assessment <strong>of</strong> FRSP Volume III: <strong>Road</strong> Sector EIA Guidelines.<br />
15. MoWT (2005). General Specifications for <strong>Road</strong> and Bridge Works.<br />
16. National Environment Management Authority (NEMA), 1997: Environmental Impact Assessment Guidelines<br />
for Uganda.<br />
17. National Population and Housing Census, 2002, Uganda Bureau <strong>of</strong> Statistics.<br />
18. The World Bank 2007, General EHS Guidelines.<br />
19. Uganda Government, The Local Governments Act, 1997.<br />
20. WHO, 2002. Environmental health in emergencies and disasters: a practical guide.<br />
21. NUPIPU, 2007: Policy Brief on Mainstreaming and Operating the Disability policy in Government<br />
Development Programs and Plans.<br />
22. UNAPD, 2010: Publication <strong>of</strong> Selected Legal Provision in Domestic and International Laws on Physical<br />
Accessibility.<br />
23. <strong>African</strong> Development Bank 2003 “Involuntary Resettlement Policy”.<br />
Agencies from which baseline socio-economic data was obtained:<br />
� Ministry <strong>of</strong> Local Government, MoLG (orphans and vulnerable children statistics, local administration<br />
mandate, structure and roles)<br />
� Uganda Bureau <strong>of</strong> Statistics, UBOS (general district statistics)<br />
� Kyenjojo District Local Government (health statistics, literacy)<br />
� <strong>Hoima</strong> District Local Government (health statistics, literacy)<br />
� <strong>Masindi</strong> District Local Government (health statistics, literacy)<br />
� Kibaale District Local Government (health statistics, literacy)
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Annex 1: Public facilities along the proposed road<br />
a) Schools, Health Centres and other Institutions<br />
Note: These facilities will not be affected by the road project<br />
Waypoint GPS coordinates Feature and description<br />
KYENJOJO DISTRICT<br />
Easting Northing Altitude(m)<br />
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16 238100 69761 1368 Katoosa Primary School which is about 150 m from the road. Part <strong>of</strong> this<br />
school compound is in the road reserve<br />
17 238176 69840 1370 Access to St. Adolf High School. This school is away from the road<br />
reserve but its access can be affected by road expansion.<br />
19 238324 70038 1374 Petrol station which is about 3 m from the road and access to Bucuni<br />
Primary School<br />
22 238934 71922 1360 Living Hope Nursery and Primary School and access to Kasunga.<br />
24 239284 72965 1340 Junction to Kijugo Primary School and Kyenjojo District Local<br />
Government Production Department. On the opposite side are the<br />
District NAADS <strong>of</strong>fices.<br />
25 239702 74757 1379 J. Agaba Memorial Skills Training Centre which is about 20m from the<br />
road. This marks the beginning <strong>of</strong> Rwamukoora Trading Centre.<br />
26 242756 78832 1366 Access to Tanaga School which is about 250 m from the road<br />
29 242979 79179 1373 Access to Iraara Primary School.<br />
31 244048 81285 1384 Access to Katooke Subcounty LC3 Headquarters and Iborooga Primary<br />
School.<br />
34 245358 81781 1381 Access to Katooke Secondary School and Katooke Primary School.<br />
35 246628 82744 1376 St. Peter's College Mukole and a church. The school is about 15m from<br />
the road but it's compound is in the road reserve.<br />
39 249211 88196 1395 Our lady <strong>of</strong> Assumption Mabira Catholic Parish and Mabira Primary<br />
School which is 50m from the road.<br />
40 249192 88476 1388 Nyankwanzi High School. This is about 15 m from the road<br />
41 249210 88671 1376 Access to Mabira Demonstration Primary School and Rubowa Primary<br />
School.<br />
KIBAALE DISTRICT<br />
52 247692 98840 1299 Access to Nyabigata Primary School.<br />
54 248573 99651 1286 Nyanseke COU Primary School. This is 50 m from the road.<br />
56 250174 100609 1275 St. Adolf Tibeyalirwa Secondary School which is 10 m from the road.<br />
58 250336 100874 1284 Muhurro BSC Primary School, 5 m from the road.<br />
59 250342 100908 1283 St. Joseph Muhurro Catholic Parish and St. Margaret Mary Muhurro Girls<br />
SSS, 30m from the road.<br />
65 253252 101940 1266 Kibanga Primary School.<br />
66 253612 101610 1262 Access to Ruswiga Primary School.<br />
69 255265 102392 1242 Quality Education Centre, Kagadi – 150 m from the road<br />
71 256282 104155 1231 Kagadi Hospital and Kagadi Kindergarten & Primary School<br />
72 256419 104166 1227 Bishop Rwakaikara Primary School. Disabled children’s unit and a<br />
church.<br />
74 259047 106267 1213 Kiryane Primary School, 5m from the road<br />
77 260293 107748 1220 Kyenzige Primary School, 50m from the road. This is the beginning <strong>of</strong>
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81 264269 110808 1202 Mugalike Catholic Parish and Uganda Martyrs S.S. Mugalike and<br />
Mugalike Primary School.<br />
86 268335 116145 1200 Kyeya Primary School and a church.<br />
87 268512 116322 1218 Piped water supply system, Bless the Children Ministries Primary School,<br />
Excel Model Nursery and Primary School, Mabale Parents Nursery and<br />
Primary School<br />
89 269475 117363 1239 Mabale Secondary School, Mabale Primary School and St Andrew's<br />
C.O.U Mabale Parish<br />
91 271692 119611 1114 Access to St. Mary's PTR SS Kirya Rugonjo and St. Thereza, 2km from<br />
the road<br />
92 274139 121321 1154 Paacwa Model Primary School, 10m from the road.<br />
93 275899 122820 1110 Kahumiro Primary School, 5m from the road. This marks the beginning <strong>of</strong><br />
Paacwa Trading Centre.<br />
102 286433 137422 1169 Kabwooya Primary School and Kabwooya Child Development Centre.<br />
106 295614 144329 1083 St. Martin's Institute <strong>of</strong> Health Sciences, Munteme Fatima Parish and St.<br />
John Bosco Munteme Primary School.<br />
107 295776 144479 1078 St. Joseph Munteme Technical School and Munteme Trading Centre.<br />
108 296071 144962 1072 Munteme Junior School, 5m from the road<br />
111 300282 147165 1099 Nyati Trading Centre and Sir Titowinyi Primary School<br />
114 301917 148087 1110 Karama Primary School.<br />
115 302144 148230 1107 Kikuube Health Centre IV and Kikuube BCS Primary School.<br />
118 308070 150733 1099 Kikoboza Primary School, 10m from the road.<br />
120 312035 148867 1143 Light College Buhimba Campus.<br />
122 312843 149341 1159 Kidege Muslim Primary School, 30m from the road<br />
123 313052 149765 1137 Makerere Comprehensive High School, 50m from the road<br />
125 314017 152746 1165 Buswekera Primary School, 10m from the road.<br />
126 314418 154148 1158 Mpaija Primary School, 20m from the road.<br />
134 319438 157415 1138 Good Hope Nursery and Primary School, 5m from the road.<br />
138 320802 158208 1154 Access to Mparo Primary School.<br />
141 323363 159676 1181 Access to Drucilla Memorial Primary School, 50m from the road.<br />
145 325371 160191 1170 Kyakapeya Primary School, 50m from the road and a church which is<br />
30m from the road.<br />
148 325996 161686 1164 Kakindo C.O.U Primary School.<br />
149 326129 161813 1159 Kakindo C.O.U Secondary School.<br />
154 328904 163952 1132 Kyamateera Wildlife Education Centre, 20m from the road.<br />
157 329978 164255 1136 St. Peter's Bulini BCS and a Church, 50m from the road.<br />
159 331097 164792 1150 Bulindi Integrated SSS, 200m from the road.<br />
160 331731 165126 1152 Another School and a Church just after Bulindi Integrated SSS.<br />
162 332494 165525 1152 Access to Sir Titowinyi Secondary School.<br />
163 332812 165599 1149 Bulindi Zonal Agricultural Research and Development Institute, 5m from<br />
the road.<br />
166 334167 165636 1131 Access to Kibaire Primary School.<br />
167 334618 166076 1099 Upcoming school, 10m from the road.<br />
169 335079 166346 1101 Access to Kisalizi C.O.U Primary School.
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171 336419 166579 1108 Bulima Valley Primary School, 30m from the road. This marks the<br />
beginning <strong>of</strong> Bulima Trading Centre.<br />
175 337559 167154 1120 Bulima Primary School, 50m from the road.<br />
180 342681 169716 1105 Bwijanga Health Centre IV and Kitamba Primary School, 50m from the<br />
road and Bwijanga Sub-county Headquarters.<br />
183 344582 170970 1128 Murro Primary School, 70m from the road.<br />
184 344670 171081 1125 Access to St. Kizito Murro primary school and Murro Catholic Parish.<br />
186 346222 173978 1116 Advent Pride Nursery and Primary School, 10m from the road.<br />
191 349695 176624 1154 Access to Ikoba Secondary School and Ikoba Girls C.O.U Primary<br />
School, 200m from the road.<br />
192 349889 176616 1157 Ikoba Boys Primary School, 80m from the road.<br />
195 351064 177391 1162 Kiina Primary School, 30m from the road.<br />
196 351082 177389 1163 Water pipeline at Kiina Primary School, 5m from the road.<br />
197 353879 179639 1129 Rukondwa Primary School, 90m from the road.<br />
199 354344 180005 1113 Access to Fumbya Central Forest Reserve, Rukondwa Nursery Garden,<br />
Alinda Nursery & Primary school and Kitonozi Primary School.<br />
203 355430 180759 1134 Katasenywa C.O.U Primary School, 100m from the road and Nyangahya<br />
Community Secondary School.<br />
204 355468 180801 1135 Access to Kichandi Primary School, Kalyango Primary School and Kidepo<br />
Grain Millers Ltd.<br />
205 356023 184230 1152 Access to St. Theresa Girls Secondary School and Nyamigisa Parish and<br />
Schools.<br />
209 357344 187188 1168 Kabalega Secondary School, 50m from the road.<br />
210 357433 187268 1165 St. Kizito Vocational and Apprenticeship Centre.<br />
212 357728 187502 1159 Muvule tree infront <strong>of</strong> St. Edward Primary School.<br />
218 359374 190254 1196 Uganda Technical College, Kyema.<br />
220 360542 192007 1154 Kisanja Primary School, 30m from the road.<br />
221 362933 194374 1121 Walyoba Infant Care School, and Walyoba Brilliant Primary School 10m<br />
from the road.<br />
224 364841 195118 1125 St. Paul's Secondary & Primary School, Pakanyi.<br />
229 368851 196032 1086 Nyakatoogo Primary School, 100m from the road.<br />
233 371095 196188 1106 Kisindizi 2 water point and a Primary School.<br />
238 375290 197782 1117 Kyatiri Trading Centre, St Blessed Damian School and St Mary's Kyatiri<br />
Primary School and a church 30m from the road.<br />
239 375709 198067 1121 Access to Kibibira Primary School.<br />
242 377816 198720 1103 Access to Mboira Primary School.<br />
250 381319 197900 1093 Kizibu C.O.U Primary School.<br />
254 384905 198328 1071 Kididima Primary School, 100m from the road.<br />
257 386699 199068 1083 Access to Uganda Cooperative College.<br />
260 387099 199279 1077 <strong>Kigumba</strong> Secondary School, 5m.<br />
264 388866 199727 1076 Access to <strong>Kigumba</strong> Centre Primary School.
) Water Supply Facilities<br />
East North Altitude(m) Feature and description<br />
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237898 68225 1354 Kamagadi Water Works. This has a water pump which serves Kamagadi and the neibouring<br />
villages including some parts <strong>of</strong> Kyenjojo.<br />
242890 79064 1367 Water pump/ borehole and access to Produce Store Enjeru Sisimuka Cooperative Society.<br />
247567 84897 1368 Water pump/ borehole which is about 8m from the road<br />
249185 88785 1371 Water Pump which is 6m from the road<br />
247666 95639 1169 Small water source in Kamutunsi village which is 10m from the road<br />
247499 95934 1171 Pipe water source and Kamutunsi Trading Centre<br />
250470 101168 1272 Pipe/Tap water supply and a church. This marks the beginning <strong>of</strong> Muhurro Trading Centre.<br />
250875 101301 1265 Water pump, 5m from the road<br />
251013 101511 1262 Water supply unit, 50m from the road<br />
268221 115999 1182 Piped water supply system, 5m from the road<br />
268512 116322 1218 Piped water supply system near Bless the Children Ministries Primary School, Excel Model<br />
Nursery & Primary School, Mabale Parents Nursery & Primary School<br />
331850 165167 1152 Borehole water source, 2m from the existing road reserve<br />
334024 165655 1135 Borehole water source, 40m from the road<br />
351082 177389 1163 Water pipeline at Kiina Primary School, 5m from the road<br />
358249 187957 1138 Katama Piped Water Supply unit.<br />
365021 195003 1125 Borehole infront <strong>of</strong> the school compound, 20m from the road<br />
371095 196188 1106 Kisindizi 2 water points and a primary school<br />
380622 197986 1079 Borehole, 50m from the road<br />
382233 197897 1074 Borehole, 25m from the road
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Annex 2: Record <strong>of</strong> stakeholder consultations<br />
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Consultations were undertaken with district <strong>of</strong>ficials and in villages and trading centers along the road to inform people about the<br />
project, explain RAP process, and seek views on valuation and compensation criteria as well as possible impact mitigation<br />
recommendations. Below are minutes <strong>of</strong> meetings held during consultation with various stakeholders.<br />
Meeting 1: Kyenjojo District Administration<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 22 nd September, 2010 held at District headquarters. (Kyenjojo District).<br />
Present: Kalibbala Herbert, (Team leader)<br />
Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project The project affected persons should be intensively sensitized on the mode <strong>of</strong> compensation<br />
to avoid discontent.<br />
They should also be sensitized about negative consequences <strong>of</strong> proposed development<br />
such as potential for spread <strong>of</strong> HIV/AIDS and other sexually transmitted diseases.<br />
On Compensation Compensation rates should be updated and taken to the Chief Government Valuer for<br />
approval.<br />
On Language Government should caution the contractors on the vulgar language used in the community<br />
during road construction.<br />
On Employment Q: How much will the community be involved in terms <strong>of</strong> employment?<br />
A: The contractors will hire local labour for casual jobs.<br />
During construction, the welfare <strong>of</strong> the workers should be considered. Contractors should<br />
provide them with protective gears.<br />
On Accessibility Contractors should ensure that access to people’s homes is not blocked during construction.<br />
On Water pipes Contractors should take note <strong>of</strong> the water pipes within the road reserve right from the<br />
district town center up to Katooke trading center. They are mainly on the left hand side <strong>of</strong> the<br />
road. During construction these utilities should be well maintained.<br />
On Murram There is good murram at Rubanjo in Katooke Sub-county.<br />
Contractors should restore the burrow pits after excavating murram
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Meeting 2: Community meeting<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 23 rd September, 2010 for Katoosa held at Katoosa LCI. (Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Why doesn’t government compensate for the 15 m road reserve that is on the titled land?<br />
A: During the survey <strong>of</strong> titled land, 15 m <strong>of</strong> road reserve are cut <strong>of</strong>f from the land so no<br />
compensation can be done after that. However, if there is any property that is affected on<br />
that land, the government compensates for it.<br />
Q: Does the government compensate the project Affected Persons before the actual road<br />
construction starts?<br />
A: Yes.<br />
On road safety We request contractors to put humps on the road during construction so that they can<br />
minimize on road accidents and dust that could affect homesteads and road-side shops.<br />
On Project Project affected persons should be notified about dates when property surveyors will workin<br />
their communities so that they can be present to fill their forms in person.
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Meeting 3: Community meeting<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 23 rd September, 2010 held at Kabagunda Cell. (Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: How does government compensate for a school whose play ground is affected?<br />
A: Government compensates for the whole play ground and it is relocated elsewhere.<br />
On the project Q: When is actual road construction likely to start?<br />
A:The project has already started: surveyors and the valuers are already working.<br />
On Employment Q: Will government consider local people for casual labor during road construction?<br />
A: The contractors will hire local labor for casual work, wherever possible.<br />
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Q: If one’s land is 90% affected and the remaining parcel is so small that it is not useful for<br />
farming or settlement, how will government compensate for this?<br />
A: The government will pay for all the land and the affected person relocated elsewhere.<br />
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Meeting 4: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 22 nd September, 2010 held at Kabagunda/ Nyambya. (Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Does government compensate for land that has no any structures on it?<br />
A: Yes.<br />
Q:For property valuation will government consider prevailing market value <strong>of</strong> land?<br />
A: Government considers all these factors during compensation.<br />
Q: Does government compensate project affected Person who don’t fill assessment forms?<br />
A: Government requires all project affected persons to fill these forms in person or by their<br />
next <strong>of</strong> kin. These forms should be countersigned by local leaders.<br />
On Land Q: If one’s land is 90% affected and the remaining parcel is such small that it is not useful<br />
for farming or settlement, how will government compensate for this?<br />
A: The government will pay for all the land and affected person relocates elsewhere.<br />
On Project Q: When is the actual road construction?<br />
A:Usually depends on government schedule.<br />
Q: How does government deal with contractors who commit crimes in society for example<br />
impregnating school-going girls or disrupting families.<br />
A: Community should endeavor to protect their children and wives against such injustice but<br />
just in case this happens, local leaders and the police should be notified.
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Meeting 5: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 25 th September, 2010 for villages <strong>of</strong> Kijwiga, Rwamukoora, Icwamukono, and Lwesinga held<br />
at Rwamukoora trading center (Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation<br />
Q: Is compensation done after a project has started?<br />
A: No, government compensates PAPs before actual construction starts.<br />
Q: How does government deal with land that has ownership conflicts?<br />
A: Government surveys and values the land with property on it but it doesn’t compensate for<br />
it until any encumbrances or wrangles are resolved.<br />
Q: Do contractors compensate for land where road diversions are created during road<br />
construction?<br />
A: No, contractors don’t pay for that land because it is restored after use but any property<br />
that is destroyed on that piece <strong>of</strong> land is compensated.<br />
On the project Q: When are surveyors and land valuers starting their work?<br />
A: They are already working.<br />
Q: How does government deal with contractors who commit crimes in the society for<br />
example, impregnating school going children and also disorganizing marriages?<br />
A: Community should protect their children and wives but also local leaders and the police<br />
should be notified where this happens.<br />
Q: There is a belief that during construction children are sacrificed. How true is this?<br />
A: The community should protect children during this period because there are could<br />
becriminals who can take advantage <strong>of</strong> the project to do their heinous acts. There is no<br />
evidence that contractors sacrifice children during road construction.<br />
On Employment Q: Will government consider communitiesin Kyenjojo for casual labour during road<br />
construction?<br />
A: There will be job opportunities during road construction and these will go to local people<br />
wherever feasible.
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Meeting 6: Village meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 25 th September, 2010 for villages <strong>of</strong> Nyamwandara, Kaiganga, and Kinogero held at<br />
Kaiganga trading Center (Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Does the government compensate for titled land the same way as customary land?<br />
A: No, titled land gets more compensation.<br />
Q: Does the government compensate for a house without a plan houses?<br />
A: Yes.<br />
Q: Does the government compensate for a house near the road reserve?<br />
A: No, It only compensates for property that is within the road reserve.<br />
Q: Does the government compensate for affected land without any property?<br />
A: Yes.<br />
Q: Does the government compensate the project Affected persons that fall within the new<br />
alignment?<br />
A: Yes.<br />
On the project Q: When are the surveyors and the land valuers starting to work?<br />
A: They are already underway.<br />
On Compensation: Q: Is titled and untitled land compensated the same way?<br />
A: No.<br />
Q: Does the government compensate for unplanned houses?<br />
A: Yes.<br />
Q: Will the road have re-alignment in some areas?<br />
A: Yes, it will have re-alignments for purposes <strong>of</strong> minimizing on the so many corners.<br />
Q: Does the government compensate for land without any property?<br />
A: Yes.<br />
Q: Does government compensate for the house near the road reserve?<br />
A: No, government compensates for only those houses within the road reserve.<br />
On Project Q: When is the actual road construction likely to start?<br />
A: The project has already started the surveyors and the valuers are already working.<br />
Q:Will the contractor buy gravel from Kyenjojo if it is available?<br />
A: Yes.<br />
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Meeting 7: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 25 th September, 2010 for villages <strong>of</strong> Enjeru, Kyasemu at Enjeru Trading center. (Kyenjojo<br />
District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Does government compensate for sign posts on my land?<br />
A: No, sign posts will be removed and reinstated after construction.<br />
Q: Do contractors compensate for land where road diversions are created during construction?<br />
A: No, contractors don’t pay for that land because it is restored after use but any property that is<br />
destroyed on that land is compensated.<br />
Q: Does government compensate grazing rangeland?<br />
A: Yes.<br />
On Land Q: How does government compensate for PAPs whose biggest part <strong>of</strong> land has been taken and<br />
the remaining is too little to have any activity thereon?<br />
A: Government compensates for all the remaining land and the person relocated.<br />
On Project Q: When is the actual road construction likely to start?<br />
A: Usually depends on the government schedule and hwne funds are secured.<br />
Contractors should be cautioned on the use <strong>of</strong> vulgar language.<br />
On Injurious impact Q: During road construction, there are some buildings affected they were not among those<br />
eligible for valuation and compensation. Will government also consider them?<br />
A: Yes, injurious damage will be compensated.<br />
On Employment Q: Will government consider local people for casual labor during road construction?<br />
A: The contractor will have job opportunities for local people.
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Meeting 8: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 22 nd September, 2010 for the villages <strong>of</strong> Katooke held at Katooke Sub-county (Kyenjojo<br />
District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Do contractors compensate for land where road diversion is created during construction?<br />
A: No, contractors don’t pay for that land because it is restored after use but any property<br />
that is destroyed on the land is compensated.<br />
Q: Does government compensate for a house that is damaged by road construction?<br />
A: If government proves that the house was damaged as a result <strong>of</strong> road construction, it is<br />
compensated.<br />
Q: How does government compensate deceased people?<br />
A: The family has to get a relative approved by Administrator General to be paid on their<br />
behalf.<br />
Q: Is titled land compensated the same way as untitled land?<br />
A: No.<br />
Q: Does government compensate for land without any property?<br />
A: Yes.<br />
On the project Q: There is a belief that children are sacrificed during road construction. Is this true?<br />
A: There is no evidence that contractors do sacrifice children.<br />
On Employment Q: How much will the community be involved in terms <strong>of</strong> employment?<br />
A: Very likely the contractors will hire local labour during construction.
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Meeting 9: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 27 th September, 2010 for villages <strong>of</strong> Kyaduli, Mabira A and B held at Mabira Trading center.<br />
(Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Does government compensate titled land?<br />
A: Yes<br />
Q: Does government compensate PAPs before the actual construction?<br />
A: Yes.<br />
Q: Does government consider current market prices during compensation?<br />
A: Yes.<br />
On project Q: Do contractors have identity cards?<br />
A: Yes.<br />
Q: Will there be re-alignments during construction?<br />
A:To the extent possible, the road project will follow existing road corridor.
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Meeting 10: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 27 th September, 2010 for villages <strong>of</strong> Haikona and Mubaki held at Haikona Trading center.<br />
(Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation: Q: Why doesn’t government compensate for annual crops?<br />
A: The community is given enough time to harvest those crops. Therefore government only<br />
compensates for land on which the crops are grown.<br />
Q: If a government school or church is affected, who does government compensate?<br />
A: For churches it will be the administration to be compensated and for government schools, the<br />
Ministry <strong>of</strong> Education while private owners receive compensation for their schools.<br />
Q: Doesn’t government undervalue affected property?<br />
A: No, government ensures that it compensates the right value for all affected property.
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Meeting 11: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 27 th September, 2010 for villages <strong>of</strong> Mirambi and Kabatooro at Hasanju Trading center.<br />
(Kyenjojo District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Land Q: Does government consider market valueduring property valuation?<br />
A:Government considers all these factors<br />
On Compensation Q: Does government compensate before actual road construction commences?<br />
A: Yes.<br />
Q: Why doesn’t government allow PAP to bargain value<strong>of</strong> their property?<br />
A: It is government policy for District local governments to determine compensation values<br />
based for their district.<br />
Q: What if one’s house is affected and it was built with a loan from the bank, who does<br />
government compensate?<br />
A: Government compensates the property owner.<br />
Q: Are the widows compensated?<br />
A: Yes<br />
On assistance given<br />
provided by the local<br />
leaders during<br />
resettlement<br />
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Q: Will there be a small allowance given to the LC’s if they assist during resettlement and<br />
project implementation?<br />
A:UNRA will facilitate such actors when they are engaged.<br />
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Meeting 12: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 27 th September, 2010 for villages <strong>of</strong> Kakindu, Kyeya, Muzizi A and B at Kyamutunzi Trading<br />
center.(Kyenjojo district)<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Can one use a friend’s account to get their money from the bank?<br />
A: No, one is required to get theirown bank account to in order to be paid.<br />
Does government compensate a PAP whose land is affected on either side <strong>of</strong> the road?<br />
A: Yes.<br />
Q: Does contractor pay for property that is destroyed during the road diversion?<br />
A: Yes.<br />
Q: Does the contractor pay for gravel that is excavated from some one’s land?<br />
A: Yes.<br />
On income restoration Q: If one has fruit trees and they hope to gain from them over a period <strong>of</strong> time, how will<br />
government compensate?<br />
A: Existing Uganda compensation laws do not provide for income restoration- payments are<br />
made for property “as is”. However resettlement requirements <strong>of</strong> multilateral funders provide for<br />
income restoration and this will be made in the RAP budget.
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HOIMA andMASINDI DISTRICTS<br />
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Meeting 13: <strong>Hoima</strong> District Administration<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 29 th September, 2010 held at District Headquarters (<strong>Hoima</strong> District).<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Kampala- Busunju- <strong>Hoima</strong> road has disparity in compensation amounts yet some local<br />
people thought theyought to have got equal payments. So project affected persons should<br />
be educatedabout the mode <strong>of</strong> compensation to avoid discontent.<br />
On Land Land tenure here is mainly customary.There are very few people in the community that have<br />
titled or leasehold land.Land is a very contentious issue so to avoid conflicts, compensation<br />
has to be done before actual construction commences.<br />
On Sensitization Community should be sensitized about negative consequences <strong>of</strong> proposed development<br />
such as potential for spread <strong>of</strong> HIV/AIDS and other sexually transmitted diseases.
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Meeting 14: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 1 st October, 2010 for villages <strong>of</strong> Kanubi held at Kanubi trading center.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project<br />
commencement<br />
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Q: When is the project starting?<br />
A: Usually depends on government acquiring necessary funds from funders.<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q: Does government compensate for titled land?<br />
A: Yes.<br />
On Injurious damage Q: During road construction there may be buildings affected yet were not among those<br />
eligible for valuation and compensation. Will government consider them?<br />
On documents proving<br />
ownership <strong>of</strong> property<br />
A: Yes, government considers such incidental damage eligible for compensation.<br />
Q: If a person has three names on the voter’s card and two in the bank which ones should<br />
he (she) use?<br />
A: The PAP should provide documents that are accurate and prove ownership <strong>of</strong> the<br />
property.<br />
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Meeting 15: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 1 st October, 2010 for villages <strong>of</strong> Mparo, Kicwamba, held at Pida center.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: How does government compensate for lease land that is not yet renewed?<br />
A: The government doesn’t compensate for such land until it is renewed.<br />
Q: How does government compensate a kibanja owner who bought land from titled land<br />
owner?<br />
A: Government compensates both owners.<br />
Q:Will government compensate for property before the actual road construction starts?<br />
A: Yes.<br />
Q: If one’s land is affected by the project before a land title deed is transferred in his names,<br />
how does government deal with this situation?<br />
A: The PAP has to prove ownership in ways acceptable to UNRA and local leaders.
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Meeting 16: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 1 st October, 2010 for villages <strong>of</strong> Kikwatamigo at Kikwatamigo trading center.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On documents Q: Does government require only the project affected persons to fill project documents?<br />
A: No, next <strong>of</strong> kin can help in filling document.<br />
On Compensation Q: Does government compensate for unfinished buildings?<br />
A: Yes, these are compensated to their true value at the time <strong>of</strong> valuation<br />
Q: Does government compensate leased land?<br />
A: Yes.<br />
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Meeting 17: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 1 st October, 2010 for villages <strong>of</strong> Kyakapeya trading center.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q:If one has perennial crops and they hope to gain from them over a period <strong>of</strong> time, how will<br />
the government compensate?<br />
A: Existing Uganda compensation laws do not provide for income restoration- payments are<br />
made for property “as is” but RAP guidelines <strong>of</strong> multilateral funding agencies provide for<br />
income restoration.<br />
Q: Does government compensate for land where the affected house is built?<br />
A: Yes.<br />
Q: Will government compensate before the actual construction starts?<br />
A: Yes.<br />
On Project Q: When is the project starting?<br />
A: Usually depends on government acquiring necessary funds.<br />
Q: If water mains get damaged during road construction, will government restore them?<br />
A: It will be the duty <strong>of</strong> the contractor to avoiddamaged to utilities.<br />
On Land Q: If one’s land is 90% affected and the remaining parcel is<br />
such small that it is not useful for farming or settlement, how<br />
will government compensate for this?<br />
A: The government will pay for all the land and the affected<br />
person relocated.
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Meeting 18: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd October, 2010 for villages <strong>of</strong> Kakindo, Kyamogi, Nyakakongi held at Kyabagambire subcounty.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q Does government compensate for affected property “as is” after valuation?<br />
A: Yes.<br />
On employment Q: Is there any employment for casual labor?<br />
A: Very likely the contractors will hire local labor during construction.
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Meeting 19: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd October, 2010 for villages <strong>of</strong> Mparangase held at Kyabagambire sub-county.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for affected property “as is” after valuation?<br />
A: Yes.<br />
Q: How does government compensate the deceased?<br />
A: The family has to get heir or a relative approved by the Administrator General to receive<br />
payment on behalf <strong>of</strong> the deceased.<br />
On Project Q: Should the community stop cultivating crops in the 15m road reserve after survey and<br />
valuation <strong>of</strong> property has been done?<br />
A: This can continue but at own risk that since these will not be captured in the valuation<br />
records, no compensation will be provided.<br />
Q: After surveying property, can the affected person salvage their materials and build<br />
elsewhere?<br />
A: Yes<br />
Q: Why do district have different compensation rates?<br />
A: It is the government policy for each district to have its own compensation rates set by<br />
District Land Board.<br />
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Meeting 20:<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd October, 2010 for villages <strong>of</strong> Kihiro, Katikara Kihambya, Kigugu held at Bulindi Church <strong>of</strong><br />
Uganda C.O.U .<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government consider other factors like labour that one put in while building the<br />
house?<br />
A: Yes, compensation is based on market value and replacement cost.<br />
Q: Does government compensate project Affected Persons without a bank account?<br />
A: The Project Affected Persons is required to get a bank account before compensation is<br />
done.<br />
Q: Does government consider recent market prices during compensation?<br />
A: Yes<br />
On project Q: If one has avocadoes within the road reserve should they be removed before<br />
construction commences?<br />
A: Yes.<br />
Q: If one <strong>of</strong> the project Affected Persons don’t have any identity card, how can their proper<br />
names be got?<br />
Q: The project Affected Persons is required to get an identity card from the LCs for future<br />
use.<br />
Meeting 21: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.
Date held & place: 2 nd October, 2010 for villages <strong>of</strong> Kibaire held at Kibaire Trading center.<br />
Present: Seryazi Lamek Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for land without any buildings on it?<br />
A: Yes.<br />
Q: During road construction, there may be buildings affected<br />
yet they were not among those eligible for valuation and<br />
Compensation. Will government also consider them?<br />
A: Yes, government considers such incidental damage as eligible for compensation via a<br />
grievance process.<br />
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MASINDI DISTRICT<br />
Meeting 22: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages, <strong>Masindi</strong> District Headquarters.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Murram � Borrow pits should be restored to original state after excavation and this should be a<br />
responsibility <strong>of</strong> the contractor.<br />
� Contractors should not camp near schools.<br />
� The community should be sensitized about negative consequences <strong>of</strong> proposed<br />
development such as potential for spread <strong>of</strong> HIV/AIDS and other sexually transmitted<br />
diseases.<br />
� People with disabilities and women should be given opportunity to work on the roads.<br />
On Compensation Q: Won’t government undervalue our property?<br />
A: No.<br />
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Meeting 23: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages Kasaliza, Bulima, Kisoga at Bulima Trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project Q: Will government get the 30m road reserve from one side <strong>of</strong> the road?<br />
A: No, 15m will be got from either side <strong>of</strong> the centreline making it the total <strong>of</strong> 30m.<br />
On Compensation Q: Won’t government undervalue our property during compensation?<br />
A: No, government uses compensation prices developed by respective district local<br />
governments and these reflect prevailing local market conditions.<br />
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Meeting 24:Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages <strong>of</strong> Busoma ,Kyamukudumi at Bwijanga trading center (<strong>Masindi</strong><br />
District)<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: How does government compensate the deceased?<br />
A: The family has to get a relative approved by the Administrator General to be paid on the<br />
deceased’s behalf.<br />
Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q: If the project affected person has materials for building on the piece <strong>of</strong> land does<br />
government compensate for them?<br />
A: No.<br />
Q: Does government compensate for natural trees?<br />
A: Yes.<br />
Q: Does government compensate for a house without an approved plan?<br />
A: Yes.<br />
Q: If water mains are damaged during road construction, will government compensate this?<br />
A: It will be a duty <strong>of</strong> the contractor to ensure that no utilities are damaged during road works<br />
and if they are, they would pay for their restoration.<br />
On Project Q: Why are some houses marked during survey?<br />
A: This is for the knowledge <strong>of</strong> contractors during road construction.
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Meeting 25: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages <strong>of</strong> Muuro at Muuro Trading center<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
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On Compensation Q: Most people along the road are renting and owners <strong>of</strong> affected property may not be ones<br />
actuallyliving in affected buildings. How will government handle this?<br />
A: Through local leaders, information can be got but during compensation they are required<br />
to attend in person.<br />
Q: Does government consider recent market prices during compensation?<br />
A: Yes.<br />
Q: How does government compensate for land that has conflicts?<br />
A: Property is valued but payment is not done until conflicts are resolved.<br />
Q:If one has perennial crops and hopes to gain from them over a period <strong>of</strong> time, how will<br />
government compensate this?<br />
A: Existing Uganda compensation laws do not provide for income restoration- payments are<br />
made for property “as is” but resettlement guidelines <strong>of</strong> multilateral funding agencies provide<br />
for income restoration.<br />
On Project Q: Is it mandatory for the projected affected person to get an identity card?<br />
A: Yes, identification documents are necessary.
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Meeting 26: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages <strong>of</strong> Katuugo at Katuugo Trading center<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
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On Compensation Q:If one has perennial crops and they hope to gain from them over a period <strong>of</strong> time, how will<br />
government compensate?<br />
A: Existing Uganda compensation laws do not provide for income restoration- payments are<br />
made for property “as is”.<br />
Q: Who determines the prices for our crops?<br />
A: It is the Land Board <strong>of</strong> that particular district.<br />
On Project Q: When are the surveyors coming?<br />
A: They are already working.<br />
Q: Will the road follow existing alignment?<br />
A: Yes, except for the few areas.<br />
On injurious Impacts Q: During road construction, there may be buildings affectedyet they were not among those<br />
eligible for valuation andCompensation. Will government also consider them?<br />
A: Yes, Government considers such incidental damage as eligible for compensation via a<br />
grievance process.
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Meeting 27: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages <strong>of</strong> Kikayika held at Ikoba center<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Will compensation be done before actual construction commences?<br />
A: Yes.<br />
Q: How will government compensate the deceased?<br />
A: The family has to get a relative approved by the district administration to be paid on<br />
behalf <strong>of</strong> the rest.<br />
Q: Are contractors also sensitized on how to conduct themselves in the community?<br />
A: Yes the contractor will be required to have orientation programs for workers.<br />
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Meeting 28: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 5 th October, 2010 for villages <strong>of</strong> Bikonzi I, II and Kiina at Bikonzi Trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Employment Q: How much will localcommunity benefit in terms <strong>of</strong> employment?<br />
A: The road contractor will hire local labour for casual jobs.<br />
On Compensation Q: Does government consider current market prices during compensation?<br />
A: Yes.<br />
Q: WillProject Affected Persons get a chance to viewvalue for their property before the<br />
actual compensation?<br />
A: Yes.<br />
Q: If property for the sub-county is destroyed whom does government compensate?<br />
A: Government compensates the local government.<br />
Q: Incase a school’s football pitch is affected does government compensate for it?<br />
A: Yes.<br />
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Meeting 29: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th October, 2010 for villages <strong>of</strong> Kisomabutuzi, Rwabutuni, Kikaranga at Rukondwa Trading<br />
center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: If one’s land has both cassava and maize on it. How does the government compensate?<br />
A: Government compensates both the land and crops. Cassava and maize compensated<br />
because it is an annual crop and it is given time to be harvested.<br />
On Employment<br />
Q: Will locals be able to get some casual labor during the road construction?<br />
A: Yes, the contractors will hire local labor for casual jobs<br />
On Project Q: When are surveyors coming?<br />
A: They are already working.<br />
Q: Should people living near the road stop building?<br />
A: No, people should continue with their development activities unless the surveyors identify<br />
their developments as“affected property”.
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Meeting 30: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th October, 2010 for villages <strong>of</strong> Katasenywa, at Katasenywa Trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate a PAP without any identity card?<br />
A: No, one is required to get one before the actual compensation.<br />
Q: Does the government compensate for young perennial crops?<br />
A: Yes.<br />
Q: Is land without any property compensated?<br />
A: Yes.<br />
On Employment Q: Will there be some employment for the locals?<br />
A: Yes, contractors will hire the locals for casual jobs.<br />
On Project Q: How many meters does the government want as road reserve?<br />
A: 15 meters from both sides <strong>of</strong> the road.<br />
Q: In case one has murram outside the road reserve, does the contractor pay for it?<br />
A: In case this murram is good for the road construction, the contractor will pay for it.<br />
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Meeting 31: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 7 th October, 2010 for villages <strong>of</strong> Kihande I and II at Kiyembe Trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for posters?<br />
A: No.<br />
Q: Is titled and customary land compensated the same way?<br />
A: No.<br />
Q: During road construction, there may be buildings affected<br />
yet they were not among those eligible for valuation and<br />
Compensation. Will government also consider them?<br />
A: Yes, Government considers such incidental damage as eligible for compensation via a<br />
grievance process.<br />
On Project Q: If water mains get and electricity poles get damaged during road construction, will<br />
government compensate this?<br />
A: It will be the duty <strong>of</strong> the contractor to ensure that no utilities are damaged during road<br />
works and if they are, they would pay for their restoration.<br />
Q: Who is responsible for any grievances during construction?<br />
A: The RAP will develop grievance management procedures to be utilised during RAP<br />
implementation.<br />
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MASINDI-KIGUMBA<br />
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Meeting 32: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd November, 2010 for villages Kitamanya, Kyema, Katama, Kasalabwire at Kitamanya<br />
Trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: How will the elderly people be able to access their compensation money?<br />
A: Governments will run announcements in local media to notify people about how to access<br />
their compensation.<br />
Q: How does government compensate for graves?<br />
A: Every district has compensation rates for graves but they have different compensation<br />
rates according to types <strong>of</strong> the grave.<br />
Q: Does government compensate for wild trees?<br />
A: Yes.<br />
Q: How does government compensate the deceased?<br />
A: The family has to get a relative approved by the district administration to be paid on<br />
behalf <strong>of</strong> the rest.<br />
Q: Is it possible for the Project Affected Person to salvage their materials for the house after<br />
compensation?<br />
A: Yes.
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Meeting 33: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd November, 2010 for villages Kisanja-Kichope, Nyaisimire, Kisanja-Kidebede at Kisanja<br />
Trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Who determines the prices for crops?<br />
A: District Land board for every district determines the prices.<br />
On Project Q: Does government sensitize contractors, on issues regarding HIV/AIDS?<br />
A: Yes<br />
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Meeting 34: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd November, 2010 for villages Walyoba, Kyedikyo and Walyoba C.O.U<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation During construction, the contractors should not block access to peoples’ homes, schools<br />
and health centers.<br />
Q: Does government compensate for a house without a plan?<br />
Yes.<br />
Q: Should a PAP continue building their house even when it is affected?<br />
A: No<br />
On Land Q: Can the PAP whose land is taken and there is a small remaining piece <strong>of</strong> land use it for<br />
other developments?<br />
A: Yes.<br />
On Project Government should be aware that there are people who steal fuel from project vehicles<br />
during road construction.<br />
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Meeting 35: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 3 rd November, 2010 for villages Pakanyi, Kasomoro, Kitooka at Pakanyi sub-county<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for utilities that are found in the affected house?<br />
A: Yes.<br />
Q: Is it mandatory for PAP to acquire IDs before their compensation?<br />
A: Yes.<br />
Q: Does government compensate for land where the affected house is located?<br />
A: Yes.<br />
Q: Won’t government undervalue property for the PAPs?<br />
A: No, government ensures that the PAPs get compensation that is sufficient for them.<br />
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Meeting 36: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd November, 2010 for villages Nyakantorogo, Kasindizi I and Kasindizi II at Kasindizi<br />
trading center<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
On project Q: Is the road following the existing alignment?<br />
A: Yes to the extent possible.<br />
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Meeting 37: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 2 nd November, 2010 for villages Nyambindo held at Nyambindo trading center<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q: Does government compensate for land without a title?<br />
A: Yes.<br />
Q: Does the government compensate the wife if the husband is dead?<br />
A: Compensation will be collected by the heir or a person approved by the Administrator<br />
General.<br />
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Meeting 38: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 4 th November, 2010 for village <strong>of</strong> Kyatiri, Kiboijangoro II and Kyambogo at Kyatiri trading<br />
center<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate only for the affected house and not land?<br />
A: Government will compensate both the house and land.<br />
Q: If a PAP’s house is used for rent to earn an income. How does the government<br />
compensate these people?<br />
A: The RAP will provide for income restoration.<br />
Q: Is it allowed for PAPs to salvage their materials for the house after compensation?<br />
A: Yes.<br />
Q: Will government compensate PAPs before actual road construction commences?<br />
A: Yes<br />
Q: Does government compensate for land without any property?<br />
A: Yes.<br />
On Project Q: How will valuers be able to identify earth graves?<br />
A: With help <strong>of</strong> local leaders.<br />
On Land Q: After taking <strong>of</strong>f the required road reserve, Can the PAP utilize the remaining land if it is<br />
enough for development.<br />
A: Yes<br />
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Meeting 39: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 4 th November, 2010 for village <strong>of</strong> Nyakabale LC I and Kikooba at Nyakabale trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for houses that are damaged during road construction?<br />
A: Yes.<br />
Q: During compensation <strong>of</strong> pine, does government consider expenses one incurred when<br />
growing such trees?<br />
A: District compensation rates are assumed to consider all these factors.<br />
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On Public utilities Q: Does government reinstate public utilities e.g. Bore holes that are damaged by road<br />
construction activities?<br />
A: Yes, when such utilities are removed, it is the duty <strong>of</strong> the project to construct another one<br />
elsewhere.
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Meeting 40: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 4 th November, 2010 for village <strong>of</strong> Lwebigaragara, Buhomozi held at Kizibu trading center<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project Q: Will the contractors be sensitized too on issues regarding HIV/AIDS?<br />
A: Yes it the duty <strong>of</strong> the government to caution their workers on how to conduct themselves<br />
in communities where they will work.<br />
Q: If one plans to construct a house in the trading center should they wait until the surveyors<br />
have identified where the road were will pass?<br />
A: After surveying the road that is when the people living near the road will know who will be<br />
affected.<br />
Q: If one has land in the corner <strong>of</strong> an existing road. Should they stop developing that land?<br />
A: After survey that is when all the project affected persons will be identified.
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Meeting 41: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 4 th November, 2010 for village <strong>of</strong> Kididima, Kaduku<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q: Why doesn’t government compensate for annual crops?<br />
A: Annual crops are given ample time to be harvested before the actual road construction<br />
commences.<br />
Q:If a PAP has perennial crops and they hope to gain from them over a period <strong>of</strong> time, how<br />
will government compensate?<br />
A: Existing Uganda compensation laws do not provide for income restoration- payments are<br />
made for property “as is”. However RAP guidelines <strong>of</strong> multilateral funding agencies provide<br />
for income restoration.
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HOIMA DISTRICT –KIBAALE DISTRICT<br />
Meeting 42: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th November, 2010 for village <strong>of</strong> Buhimba Town, Buhimba East, West and Central held at<br />
Buhimba sub-county.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: If a house is affected and the remaining land is too small to have any activity there. How<br />
does government compensate such a person?<br />
A: Government compensates this person the whole amount and they relocate elsewhere.<br />
Q: Does government compensate a house that is damaged during road construction?<br />
A: Yes.<br />
On Project Q: Is there a fixed price for materials like murram?<br />
A: It is the district <strong>of</strong>fice that sets these prices.<br />
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Meeting 43: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th November, 2010 for village <strong>of</strong> Kikoboza LCI held at Kikooboza Primary school.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: How are PAPs valued in their absence?<br />
A: Llocal leaders will move with the surveyors and valuers such that they can get correct<br />
identification <strong>of</strong> PAPs.<br />
Q: Does the contractor compensate for road diversions?<br />
A: No, contractors don’t pay for that land because it is restored after use but any property<br />
that is destroyed on that piece <strong>of</strong> land is compensated.<br />
Q: Does contractor pay for murram outside the road reserve?<br />
A: Yes.<br />
Q: Is titled land compensated the same way as customary land?<br />
A: No.<br />
Q: Will the tarmac road follow the existing alignment?<br />
A: In most areas the tarmac road will follow the existing alignment.<br />
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Meeting 44: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th November, 2010 for village <strong>of</strong> Kyakuza, Kibalarwe held at Mairirwe trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith .Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Will compensation be done only at sub-counties?<br />
A: No, government can get other convenient central places.<br />
On Injurious impacts Q: During road construction, there are some residential houses that are affected yet they<br />
were not among those eligible for valuation and compensation. Will government also<br />
consider them?<br />
A: Yes, injurious damage will be compensated.<br />
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Meeting 45: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 6 th November, 2010 for village <strong>of</strong> Kikuube at Kikuube primary school.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith .Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Will government compensate for religious buildings like churches?<br />
A: Yes.<br />
Q: Does government compensate for property that is destroyed during road construction?<br />
A: Yes.<br />
Q: How does government compensate a PAP who is processing a land title?<br />
A: Yes as long as there is pro<strong>of</strong> <strong>of</strong> ownership.<br />
Q: How does government compensate a PAP who has land with conflict?<br />
A: Conflicts have to be resolved before the compensation is done.<br />
On project Q: Can’t the government reduce the proposed 15m reserve from either side?<br />
A: No, that is the government policy.<br />
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Meeting 46: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 7 th November, 2010 for village <strong>of</strong> Kizirafumbi, Rujunju, Kichundu, Butyamba at Kizirafumbi<br />
sub-county.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Employment Q: Will community be involved in providingemployment for road construction?<br />
A: Yes, contractors will hire local labour for casual jobs.<br />
On project Q: Can’t the government reduce the proposed 15m reserve from either side?<br />
A: That is a standard for this size <strong>of</strong> road.<br />
On Compensation Q: Does government compensate a house without a plan?<br />
A: Yes.<br />
Q: If land is affected 99% and the remaining is not enough to build another house or perform<br />
any activities there. Does government compensate the whole area?<br />
A: Yes, government compensates the whole area and the affected person relocates<br />
elsewhere.<br />
Q: Why does the district determine compensation prices?<br />
A: It is government policy for District Land Boards to set compensation rates.
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Meeting 47:<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 7 th November, 2010 for village <strong>of</strong> Munteme, Kinywabeho, Kigozi at Munteme Trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Employment<br />
On project Q: When is the project likely to start?<br />
A: Usually depends on the government schedule.<br />
On Injurious impacts Q: During road construction, there are some residential houses that are affected yet they<br />
were not among those eligible for valuation and compensation. Will government also<br />
consider them?<br />
A: Yes, injurious damage will be compensated.<br />
On income restoration Q: If one has eucalyptus trees and they hope to gain from them over a period <strong>of</strong> time, how<br />
will government compensate?<br />
A: Existing Uganda compensation laws do not provide for<br />
Income restoration- payments are made for property “as is” but income restoration has been<br />
provided in the RAP budget as required by multilateral funding agencies.
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Meeting 48: community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 8 th November, 2010 for village <strong>of</strong> Kaigo, Kyamugoba, Kisambyaat Kaigo Trading Center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: If the 15m road reserve falls on the house verandah does government remove the whole<br />
building?<br />
A: No.<br />
Q: Does government compensate for kiosks?<br />
A: Government does not compensate for any movable property.<br />
On Project Q: Will government sensitize contractors too on how to conduct themselves in the<br />
communities where they will work?<br />
A: Yes.<br />
During road construction, we request the government to put sign posts for the elderly and<br />
the school-going children to avoid accidents.
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Meeting 49: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 8 th November, 2010 for village <strong>of</strong> Nyakabale, Kitore at Buboga trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for building materials that are in the road reserve?<br />
A: No, the PAP will be asked to take remove materials.<br />
Q: During compensation does government consider labor used to salvage materials for the<br />
affected household?<br />
A: No, material salvage will be done at own cost.<br />
Q: How much will the PAP know what will be compensated?<br />
A: Prices for crops and temporary structures are determined by the district Land Board.<br />
During the disclosure period after the assessment, the PAP can go to the district and find<br />
out how much will be compensated.<br />
On Project Q: Will the PAPs be valued in the absence?<br />
A: Yes, under witness bylocal leaders PAPs can be identified and their property surveyed<br />
and valued even when they are absent.<br />
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Meeting 50: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 8 th November, 2010 for village <strong>of</strong> Kasindi, Kabaganda,Kikonda I and II at <strong>Kabwoya</strong> Trading<br />
Center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Who will paycharges levied bybanks when PAPs open accounts?<br />
A: The project should pay these costs<br />
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Q: How does the government compensate PAPs who happen to be having conflicts with<br />
their property?<br />
A: Conflicts have to be resolved first before compensation is done.<br />
Q: If a school, church or mosque is affected. Who does the government compensate?<br />
A: It is the owners or governing authorities that are compensated.<br />
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Meeting 51: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 8 th November, 2010 for village <strong>of</strong> Kitooke at Kitooke trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith .Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: How does government compensate the deceased?<br />
A: The family has to get a relative approved by the district administration to be paid on<br />
behalf <strong>of</strong> the rest.<br />
Q: How will the vulnerable PAPs be able to access their money from banksuopn<br />
compensation?<br />
A: Local leaders and next <strong>of</strong> kin can help such people.<br />
On Project<br />
Q: How will the community be able to identify the contractors and those who have come with<br />
criminal-intentions?<br />
A: The contractors move with identity cards to identify themselves.
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Meeting 52: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 8 th November, 2010 for village <strong>of</strong> Kitaganya at Kitaganya trading center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On income restoration Q: If one has perennial crops and they hope to gain from them<br />
over a period <strong>of</strong> time, how does government compensate?<br />
A: Existing Uganda compensation laws do not provide for<br />
Income restoration- payments are made for property “as is”. However this RAP has provided<br />
for income restoration as required by multilateral funding agencies.<br />
On Project Q: Does the contractor pay for property lost where the road diverts?<br />
A: No, since this land will revert to the owner.<br />
On Compensation Q: How does government compensate the deceased?<br />
A: The family has to get a relative approved by the Administrator General to receive<br />
compensation payment.
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Meeting 54: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 10 th November, 2010 for village <strong>of</strong> Kibego, Gayaza A & B, Kinyambire held at Gayaza<br />
Trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: If the woman <strong>of</strong> the affected property was abandoned by her husband. How is this family<br />
compensated?<br />
A: With the help <strong>of</strong> the local leaders the rightful person can be identified and compensated<br />
on behalf <strong>of</strong> the family.<br />
Q: Does government compensate for a house without a plan?<br />
A: Yes.<br />
Q: Who determines the prices for the materials <strong>of</strong> the affected house?<br />
A: The valuers determine these prices.<br />
Q: Does government compensate for land without any property?<br />
A: Yes.
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Meeting 55: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 10 th November, 2010 for village <strong>of</strong> Mabaale held at Mabaale sub-county<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project Q: Should one stop building a house near the road because it might be affected?<br />
A: It will be only when the surveyors and the valuers identify what will be affected that one<br />
will be sure.<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
Q: Why the districts Land Board determine compensation rates?<br />
A: That is a government policy for districts to determine the market prices.<br />
Does government compensate before the actual road construction?<br />
A: Yes.<br />
On Injurious Impact Q: During road construction, there are some buildings affected they were not among those<br />
eligible for valuation and compensation. Will government also consider them?<br />
A: Yes, injurious damage will be compensated.<br />
Q: How does government compensate for land whose title is not processed?<br />
A: The title has to be fully processed before compensation is done.<br />
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Meeting 56: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 11 th November, 2010 for village <strong>of</strong> Kitemuzi East, West Kamuyange, Dida and Dida B held<br />
at Kitemuzi Trading center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Will government need more than one identity card?<br />
A: No, government needs just one identity card for proper names and identification.<br />
Q: How does government compensate squatters and the land owners?<br />
A: Government will compensate both the land owner and squatters.<br />
How does government compensate a squatter who has perennial crops on titled land?<br />
A: Government compensates squatters for the crops and the land owner for their land.<br />
Q: Does government compensate for annual crops that are given less than three months for<br />
harvesting?<br />
Yes.
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Meeting 57: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 11 th November, 2010 for village <strong>of</strong> Kaitemba, Kinogora ,Bihanga at Kaitemba trading center<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Compensation Q: Does government compensate for a house without a plan?<br />
A: Yes.<br />
Q: Does government compensate for stones that lie within the affected area?<br />
A: Only when the stone is <strong>of</strong> significant importance.<br />
Q: Is it possible for a friend or relative to obtain an account for the affected person in their<br />
absence?<br />
A: No.<br />
On Project Q: Does government sensitize the contractors on issues to do with AIDS and the on how to<br />
conduct themselves in areas where they will work?<br />
Yes, it is the duty <strong>of</strong> the government to do so.
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Meeting 58: Community meetings<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 11 th November, 2010 for village <strong>of</strong> Mugalike, Kyangamwoyo, Nyambuzi at Mugalike trading<br />
center.<br />
Present: Seryazi .Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On compensation Q: Does government compensate for both the land owner and the kibanja owner?<br />
A: Yes.<br />
On income restoration Q: If one has trees for example mango trees and they hope to gain from them over a period<br />
<strong>of</strong> time, how will government compensate?<br />
A: Existing Uganda compensation laws do not provide for Income restoration, payments are<br />
made for property “as is”.
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Meeting 59:<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 11 th November, 2010 for village <strong>of</strong> Kyenzige A & B held at Kyenzige Trading Center.<br />
Present: Seryazi Lamek, Sociologist<br />
Faith Mugerwa, Sociologist (AWE)<br />
Issues raised:<br />
On Project Q: Does the government allow the PAP to relocate to another piece <strong>of</strong> land if there is<br />
enough land for development?<br />
A: Yes.<br />
On Compensation Q: Does government compensate for land without any property?<br />
A: Yes.<br />
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On Injurious Impact Q: Does government compensate a house that is destroyed during road construction?<br />
A: Yes.<br />
On income restoration Q: If one has trees for example mango trees and they hope to gain from them over a period<br />
<strong>of</strong> time, how will government compensate?<br />
A: Existing Uganda compensation laws do not provide for Income restoration- payments are<br />
made for property “as is”.
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Meeting 60: National forestry Authority (NFA)<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place 9th August, 2012 held at National Forestry Authority headquarters<br />
Present: Rukundo Tom , EIA & Research Specialist (NFA)<br />
Faith Mugerwa, Sociologist (AWE)<br />
Ritah Nabaggala, Environmental consultant (AWE)<br />
On Forests � Apart from Kagombe CFR which is found on the northern bank <strong>of</strong> R. Muzizi there<br />
could be other forest reserves that are existent along the project road.<br />
� A good road will ease operations <strong>of</strong> patrolling and management <strong>of</strong> forests by NFA<br />
<strong>of</strong>ficers along the project road.<br />
� There are also negative effects that will come along with the upgrading <strong>of</strong> the road<br />
for example people who carry out illegal activities charcoal burning and timber will<br />
find it easier to enter into the forests.<br />
� There would be increase <strong>of</strong> farmers reclaiming forest land for farming activities.<br />
Meeting 61: with Uganda Aids commission (UAC)<br />
Purpose <strong>of</strong> meeting: To obtain their views on the proposed project.<br />
Date held & place: 9th August, 2012 held at Uganda Aids Commission headquarters (Kampala District).<br />
Present:<br />
Issues raised<br />
Tigawalana David, Research Specialist (UAC)<br />
Faith Mugerwa, Sociologist (AWE)<br />
Ritah Nabaggala, Environmental consultant (AWE)<br />
On Contractors � Contractors are mobile people and when they are in an area they increase economic<br />
activities for example increasing in trade within the project area because they will be<br />
buying commodities from the communities.<br />
� Contractors are always young, energetic and sexually active and this leads to<br />
transaction <strong>of</strong> sex and hence prostitution and increased HIV/ AIDS and other sexually<br />
related diseases.<br />
Recommendations<br />
� Contractor’s camps should have clear rules and guidelines that will be given to the<br />
workers in order to guide them on how they should behave in the communities. The<br />
workers should also be sensitized on how to use condoms and provide them if<br />
possible.<br />
� It is a governmental principle for contractors to mainstream HIV/AIDS activities among<br />
their activities. It is recommended that they should set up an HIV/AIDS policy. The<br />
contractors should also have a focal person to create a good relationship between the<br />
contractor and the communities.<br />
� The road contractor should coordinate with local HIV/AIDS organisation to<br />
sensitisation about HIV/AIDS in the worker’s camp<br />
Meeting 62: National Environment Authority (NEMA)<br />
Purpose <strong>of</strong> the meeting To obtain their views on the proposed project.<br />
Date held & place: 9 th August, 2012 held at National Environment Authority <strong>of</strong>fices.<br />
Present: Naomi Obbo Odongo, Environment Impact Assessment Officer (NEMA)<br />
Faith Mugerwa, Sociologist (AWE)<br />
Ritah Nabaggala, Environmental consultant (AWE)<br />
Issues raised<br />
On project � Q: Have you identified areas for the contractor’s camp?<br />
� A: UNRA to identify.<br />
� NEMA will need a project brief for the contractor’s camp to be approved before project<br />
implementation.<br />
� UNRA should also develop an independent project brief for the area from where the<br />
murram will be obtained.<br />
� Borrow pits should be properly restored
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� The consultant should obtain the GPS coordinates for the water abstraction points that<br />
will be used during construction and the likely impacts it will cause to the community<br />
using the same water source.<br />
� The road contractor should provide measures to control siltation <strong>of</strong> wetlands along the<br />
road during construction.<br />
� The consultant should provide maps and GPS coordinates for the rivers, wetlands<br />
bridges and culverts along the project road.<br />
� Consultant should include the EHS management plan and the contracture agreements<br />
from UNRA in the appendix <strong>of</strong> the report.<br />
� NEMA as the lead agency will carry out the project monitoring with UNRA and the<br />
contractor.<br />
On waste � Hazardous wastes should be managed properly to avoid oil spillage and other related<br />
impacts on the soil and ground water.<br />
On Community � The contractor should identify trading centres along the project road and sensitise the<br />
people about road safety and impacts associated with a new road.<br />
� The road contractor should sensitise the community and road workers about<br />
HIV/AIDS.<br />
Meeting 63: Uganda wildlife Authority (UWA)<br />
Purpose <strong>of</strong> the meeting To obtain their views on the proposed project<br />
Date held & place: 9 th August, 2012 held at National Environment Authority <strong>of</strong>fices<br />
Present John Makobo, Director Conservation (UWA)<br />
Charles Tumwesigye, Ag. Chief Conservation Area Manager (UWA)<br />
Pamela Tashobya, sociologist (AWE)<br />
Mugerwa Faith, sociologist (AWE)<br />
Ritah Nabaggala, Environmental Consultant (AWE)<br />
On road project � UWA <strong>of</strong>ficers suggested that long the road there should be some corners and also<br />
humps to reduce on the speed.<br />
� <strong>Road</strong> signs are always stolen by the local people for steel production, we suggest the<br />
contractor to provide monitoring to control theft <strong>of</strong> road signs.<br />
� The construction <strong>of</strong> the road will stimulate economic growth in the project area.<br />
On wildlife � UWA <strong>of</strong>ficers clarified that there is no wildlife conservation areas along the project<br />
road however; the chimpanzees noted in <strong>Kabwoya</strong> might be from the nearby CFR.<br />
They requested for warning signs to identify animals and wildlife crossing areas to<br />
minimise the possible road kills.<br />
On Tourists � With the development <strong>of</strong> the project road it will ease and also increase the number <strong>of</strong><br />
tourists travelling from Murchison Falls national park to Queen Elizabeth National park<br />
in Kasese.
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Annex 3: Social Survey Questionnaire<br />
Kyenjojo – <strong>Hoima</strong> – <strong>Masindi</strong>-<strong>Kigumba</strong> <strong>Road</strong> RAP, 2010<br />
AFFECTED HOUSEHOLDS: SOCIO-ECONOMIC SURVEY FORM<br />
Name <strong>of</strong> interviewer: _______________<br />
Date <strong>of</strong> interview: ____/______/2010____ Village: _________________<br />
Section 1: FAMILY INFORMATION<br />
LO _________ Tenant ________ Licensee _________ Co-owner ______________<br />
(Tick appropriate response)<br />
Household Head________________________________________________ (Surname, First Name)<br />
Photo Ref/House Number ___________________ Sex: _____________________<br />
Date/Year <strong>of</strong> Birth: ___________ Age: ________ (exact/appropriate)<br />
Where were you born? _________________ When did you come here? _________________<br />
Are your parents alive? Yes/No If alive, which? ___________________________<br />
Where do/did your parents live? ______________________________________________________<br />
Identity-card/Graduated Tax/Other ID _________ Presented? Yes/No ID No _________________<br />
Name on ID _________________ Address on ID ____________________<br />
Marital status (tick appropriate response):<br />
Single<br />
Married<br />
(No. <strong>of</strong> spouses): __<br />
Divorced<br />
Widowed<br />
Tribe/Clan: ___________________________________________________<br />
Village: _______________________________________________________<br />
Main occupation <strong>of</strong> head <strong>of</strong> household: _____________________________<br />
Where do you work? _____________________________________________<br />
Other working persons in household:<br />
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Yes<br />
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Any other working person in household?: No<br />
Main occupation: ________________________________________________<br />
Where do you work? ______________________________________________<br />
Religion:<br />
Catholic<br />
Protestant<br />
Muslim<br />
Other______________________<br />
Is the affected plot a principal place <strong>of</strong> residence? (tick appropriate response)<br />
Yes<br />
No<br />
HOUSEHOLD MEMBERS:<br />
Household Member<br />
Spouse(s)<br />
Full Name Year <strong>of</strong> Birth Residing on<br />
Affected Land<br />
(Yes/No)<br />
Children (Age 18+)<br />
Children (Below 18)<br />
Other Dependents<br />
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Literacy Level*/education [see<br />
footprint below]<br />
* Use these codes for literacy levels: 1. Illiterate 2. Can read and write 3: Completed Primary Education 4: Completed<br />
Secondary Education 5: Completed University Education
SECTION 2: HOUSEHOLD LAND HOLDINGS AND ASSETS<br />
Agricultural Plots (Note: Land size and type and crop in valuation report)<br />
Location<br />
(Village)<br />
Surface<br />
(Acres)<br />
Residential Plots<br />
Location<br />
(Village)<br />
Surface<br />
(Acres)<br />
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Status <strong>of</strong> Occupation<br />
(Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant<br />
“COT”/Licensee “L”)<br />
Agricultural Use (Crops<br />
typically grown)<br />
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Affected<br />
(Yes/No)<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
Status <strong>of</strong> Occupation<br />
(Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant<br />
“COT”/Licensee “L”)<br />
Structures on<br />
Plot<br />
Affected<br />
(Yes/No)<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
O CO T COT L Y N<br />
Structures (Note: details <strong>of</strong> structures are in the valuation report)<br />
Location<br />
(Village)<br />
Construction materials<br />
(Permanent “P”)/ Non-<br />
Permanent “NP”)<br />
Status <strong>of</strong> Occupation (Owner<br />
“O”/Co-owner “CO”/Tenant “T”/Co-tenant<br />
“COT”/Licensee “L”)<br />
Condition Affected<br />
(Yes/No)<br />
P NP O CO T COT L Y N<br />
P NP O CO T COT L Y N<br />
P NP O CO T COT L Y N<br />
P NP O CO T COT L Y N<br />
P NP O CO T COT L Y N
SECTION 3: LIVELIHOOD IN AFFECTED HOUSEHOLDS<br />
Item Description Cash for year<br />
2009<br />
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(Ug Shillings)<br />
Income from household enterprises<br />
(Note: Together with a PAP, you can make calculations from a person’s description <strong>of</strong> sold goods )<br />
Crop farming<br />
Other agricultural income (e.g. livestock, poultry)<br />
� Cattle<br />
� Pigs<br />
� Goats<br />
� Chicken<br />
� Other<br />
Non-agricultural income<br />
Property income<br />
Rent received from rented property (land, housing)<br />
Benefits<br />
Family allowances/social security benefits<br />
Remittances and assistance received from others<br />
Other (inheritance, alimony, scholarships, etc)<br />
Employment<br />
Formal employment income<br />
� Fishing<br />
� Trading<br />
� Cultivation<br />
� Transport<br />
� Education<br />
� Leadership/administration<br />
� Other<br />
Temporal status <strong>of</strong> employment<br />
TOTAL<br />
� Fishing<br />
� Trading<br />
� Cultivation<br />
� Transport<br />
� Education<br />
� Leadership/administration<br />
� Other<br />
* Information about incomes:<br />
Is all household income in cash or some barter for commodities or services done?<br />
____________<br />
Do you have a bank account? Yes/No<br />
If yes, where? (e.g. bank name, location, distance): __________________________<br />
In kind*<br />
e.g. Cow/Labor/Grain<br />
_____________
SECTION 4: HEALTH & VULNERABILITY<br />
Are there disabled or chronically ill people in the household? YES NO<br />
If YES: Type <strong>of</strong> disability/illness:_______________________<br />
Type <strong>of</strong> care required: ________________________<br />
Number <strong>of</strong> births and deaths in the household over the last 12 months:<br />
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Births: ________________________<br />
Deaths: _______________________ Cause: _________________<br />
Has a child under age <strong>of</strong> 5 died in the household in last 3 years?, YES NO<br />
If YES, Cause: _________________<br />
What are the 3 commonest diseases that affect the family?<br />
____________________________________<br />
____________________________________<br />
____________________________________<br />
How much do you spend on treating the above commonest diseases? :________________<br />
What is the nearest health facility known to the family? :________________<br />
Is it actually used by the family? YES NO<br />
If NO, why not?__________________________________<br />
Do you practice family planning? YES NO<br />
Have you heard <strong>of</strong> HIV/AIDS? YES NO<br />
Do you know how HIV is contracted? YES NO (verify knowledge if correct response given)<br />
Do you know how HIV is avoided? YES NO (verify knowledge if correct response given)<br />
SECTION 5: WELFARE INDICATORS<br />
(Tick appropriate response)<br />
Does everyone in the household have atleast two sets <strong>of</strong> clothes? Yes No<br />
Does anyone in the household own a radio? Yes No<br />
Does anyone in the household own a mobile telephone?<br />
Does anyone in the household own a fixed telephone?<br />
Yes<br />
Yes<br />
No<br />
No<br />
Does the household own a bicycle? Yes No<br />
Does the household have any other transport vehicle other than a bicycle?<br />
Yes No<br />
If yes, what type <strong>of</strong> vehicle?_________________________________________________<br />
If someone in the household had a serious problem, is there anybody in this settlement that you could<br />
ask assistance from?<br />
Where do you get drinking water from? (Tick appropriate response)<br />
� Communal borehole,<br />
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Yes No
� River<br />
� Lakeshore<br />
Distance from residence _________ metres<br />
Do you fish: YES NO<br />
If YES, where? ___________________ How <strong>of</strong>ten?_________________________<br />
Do you hunt: YES NO<br />
If YES, where? __________________________ How <strong>of</strong>ten?_________________________<br />
What fuel do you use for lighting in the household?<br />
Firewood<br />
Gas<br />
Charcoal<br />
Solar<br />
Kerosene<br />
Biogas<br />
Electricity<br />
Other<br />
What fuel do you use for cooking in the household?:<br />
Firewood<br />
Gas<br />
Charcoal<br />
Solar<br />
Kerosene<br />
Biogas<br />
Electricity<br />
Other<br />
SECTION 6: EXPENDITURE PATTERNS<br />
Rank the following items according to which you spend most money on per month (1= Most spent on; 7= least spent on)<br />
Item Rank<br />
School fees<br />
Healthcare/medical expenses<br />
Food<br />
Clothing<br />
Transport<br />
Dependants<br />
Rent<br />
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Annex 4: Lists <strong>of</strong> Vulnerable PAPs and required assistance<br />
District Village Name Age Sex Vulnerability Assistance necessary<br />
<strong>Hoima</strong> Kicumba Regina Kabayanja 70 F Widow, Elderly Recommended to deliver compensation<br />
payment to her residence and involve<br />
next <strong>of</strong> kin at the time <strong>of</strong> payment.<br />
“ Safina Kabonako 76 F Widow, Elderly “<br />
Kikwatamigo Birigenda Alyosious 65 M Widow Promote and support self-help housing<br />
programmes.<br />
“ Katie Tibeita 65 F Widow “<br />
Kyakapeya Alinda Betty 33 F Widow Where possible, provide her employment<br />
during road construction.<br />
“ Bategeka Venna 62 F Widow Recommended to deliver compensation<br />
payment to her residence and involve<br />
next <strong>of</strong> kin in signing paperwork.<br />
“ Amanya Joy 40 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
“ Nyamuhungu Mary 43 F Widow “<br />
“ Kabagahya Yedida 43 F Female headed<br />
household<br />
“<br />
“ Yerusa Mugahya 70 F Female headed<br />
household<br />
“<br />
“ Hadija Okello 46 F Female headed<br />
household<br />
“<br />
“ Kabamori Florence 45 F Widow “<br />
Mparo Kiiza Mary Tereza 60 F Female headed<br />
household<br />
“<br />
“ Kabonesa Joyce 60 F Female headed<br />
household<br />
“<br />
“ Abudu Mugisa 46 M Widow “<br />
“ Ann Mary Barungi 54 F Widow “<br />
Bwikya Tibeita Ruth 70 F Elderly It is recommended to deliver<br />
compensation payment to her residence<br />
and involve next <strong>of</strong> kin at the time <strong>of</strong><br />
payment.
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“ Nakasumba Edinansi 50 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Fatuma Teriimuka 68 F Widow “<br />
“ Birungi Christine 38 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Butale Nyangoma Teopas 74 F Widow, Ill Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin at the<br />
time <strong>of</strong> payment.<br />
“ Nakku Dolic 68 F Widow “<br />
Kiryateete Mboneko nyensi 80 F Elderly, Ill It is recommended to deliver<br />
compensation payment to her residence<br />
and involve next <strong>of</strong> kin at the time <strong>of</strong><br />
payment.<br />
“ Alibankoha Rose 66 F Widow “<br />
“ Kabwanga Gloria 50 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation<br />
“ Rwesemereza Ruth 70 F Elderly, widow<br />
Mpaija Basasibwaki Roselyn 38 F Female headed<br />
Involve her in road construction activities<br />
household<br />
such as through employment opportunity<br />
“ Mugisa violet 35 F Female headed<br />
household<br />
“<br />
Kisalizi Kabonesa Joyce 56 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation<br />
Kibaire Diana Mugisa 60 F Widow “<br />
Kihambya Nyandera Sarah 56 F Widow “<br />
Katikara Kamwanda M. Daisy 56 F Female headed<br />
household<br />
“<br />
“ Kaheru Mitusera 80 F Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
“ Kasigwa Rhoda 50 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
“ Dina Rwakaikara 85 F Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
“ Anna Nyangoma 41 F Female headed<br />
Involve her in road construction activities-<br />
household<br />
flag bearers.<br />
Kihora Jane Kyahorwa 71 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
“ Matovu Elizabeth 78 F Elderly “<br />
“ Nyamahungu Teddy 56 F Female headed Deliver compensation payment to her
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household residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Tinkasimire Polotida 60 F Widow “<br />
Kyamongi Mabone Faridah 62 F Widow “<br />
“ Nyakebosike Penninal 60 F Widow “<br />
“ Bujune Abisigi 60 F Female headed<br />
household<br />
“ Wandera Yerusa 60 F Widow “<br />
“ Hanifa biganbwinda 57 F Widow “<br />
District Village Name Age Sex Vulnerability<br />
<strong>Masindi</strong> Kigungu Buliko Teopista 56 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kyamukuduma Kabagamba Efulaim 80 M Elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Ndozerehe Consolate 50 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Ngarosa Joan 50 F Widow “<br />
Ikoba Ayesiga Aida 48 F Widow “<br />
“ Kyengera Aisha 85 F Elderly, widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Hahira Agnes 75 F Elderly, widow “<br />
Katungo Ahebwa Olive 37 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
Murro Abel Bitamazire 90 M Ill / elderly Involve next <strong>of</strong> kin during compensation.<br />
“ Kalyebale Joniva 76 F Widow<br />
“ Kaahwa Harriet 42 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Korotida Matama 70 M Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.
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Kihande Wamala Sebastian 86 M Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Nantume Anne 74 F Elderly “<br />
“ Tibahwa Justine 64 F Widow “<br />
“ Basemera Zaina 50 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
Kyakatabuka Twesigwa Sarah 35 F Widow “<br />
Katesenywa Kasanja Florentina 68 F Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Kaahwa Beatrice 53 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
“ Byaruhanga James 54 M Widow “<br />
“ Matovu Hadija 71 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Bikonzi Kakwanzi katongole 65 M Widow “<br />
“ Nakirya Flora 50 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kisomabutuzi Tebagwa Katie 49 M Widow “<br />
“ Tibananuka Mariam 60 F Female headed<br />
household<br />
“<br />
“ Kyamanwa Alice 44 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Murumba Sarah 65 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Majalija Gladys 68 F Widow “<br />
“ Erukaana Bakabihirwa 75 M Elderly “<br />
“ Kyokuhairwa Harriet 40 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
“ Elizabeth Nalumu 42 F Widow “<br />
“ Nyanjerwa Alice 47 F Female headed<br />
household<br />
“
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Kikoba Byakagaba George 54 M Widow “<br />
Nyambindo Kazarabana Jovia 40 F Female headed<br />
household<br />
“<br />
Kyemakyakatto Kakongoro Florence 61 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Isoke Petronila 70 F Widow “<br />
“ Mbabazi Donate 30 F Widow “<br />
“ Isingoma George 77 M Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Nyamagenyi Manjeri 65 F Widow “<br />
“ Nakirya Noam 65 F Widow “<br />
“ Byamukama charles 19 M Child headed household “<br />
District Village Name Age Sex Vulnerability<br />
Kiryandongo Kizibu Kabachot Joniva 80 F Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kyatiri Byabali veronica 69 F Widow “<br />
Kisekula Kababindi Florence 50 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kyambogo Monu Roselyne 65 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Kiiza Magadaline 58 F Widow “<br />
Kididima Masaba Fosca 36 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Musamiri zaifur 50 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
Kitamanya Kamara Joyce 62 F Widow Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.
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Katama Nora Kiiza 75 F Elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Munaku Edirisa 70 F Elderly “<br />
Kisalabwire Fred Kandore 69 M Widow “<br />
“ Kisembo Evans 70 M Ill/elderly “<br />
Isiimba Yokos<strong>of</strong>at Kaijamurubi 78 M Ill/elderly “<br />
Kyedikyo Makumbi Mariam 70 F Ill/Elderly “<br />
“ Yayeri Erebura 70 M Elderly “<br />
Kisingizi Byabaro Veronica 62 F Widow “<br />
“ Nyakato Jamila 57 F Female headed<br />
Provide financial advice on proper use<br />
household<br />
and management <strong>of</strong> compensation.<br />
Nyambindo Abifaisil Miteeto 60 F Widow “<br />
“ Kayikara Florence 54 F Female headed<br />
household<br />
“<br />
District Village Name Age Sex Vulnerability<br />
Kyenjojo Rujunju Kasamira Sarah 63 F Female headed<br />
household<br />
“ Nyamijumbi Florence 48 F Widow “<br />
“ Kwesiga Ibrahim 55 M Widow “<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kikuyu Kakwani Byaruhanga 19 M Child headed households “<br />
Kinywambeho Bitekereza Jane 45 F Female headed<br />
household<br />
“<br />
“ Omuhereza Sande 35 M Widow “<br />
“ Kobusingye Justine 20 F Child headed household “<br />
“ Nseke Puhikewa 62 F Female headed<br />
household<br />
“<br />
Butyamba Norah Kakengi 56 F Widow “<br />
Munteme Manyireki Victoria 83 F Ill/elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kicaaya Arali Simon 30 F Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Bahatungir Olivier 50 F Widow “<br />
Kiziramfumbi Kiiza Sarah 47 F Widow “
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Kisiiga Bonobera Daizy 62 F Female headed<br />
household<br />
“<br />
Kigorra Namyero Erina 62 F Widow “<br />
Buswekera Njurungu Deo 60 M Widow “<br />
“ Taibu Safina 75 F Elderly Deliver compensation payment to her<br />
residence and involve next <strong>of</strong> kin.<br />
Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
Kikoboza Mbabazi Frank 42 M Widow Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.<br />
“ Arinaitwa Patrick 21 M Child headed household Provide financial advice on proper use<br />
and management <strong>of</strong> compensation.
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Annex 5: Number <strong>of</strong> PAPs per road section<br />
<strong>Road</strong> section Number <strong>of</strong> PAPs<br />
Kyenjojo-<strong>Hoima</strong> 6270<br />
<strong>Hoima</strong>-<strong>Masindi</strong> 1549<br />
<strong>Masindi</strong>-<strong>Kigumba</strong> 1186<br />
Total number <strong>of</strong> property owners 9005<br />
A full list <strong>of</strong> these and other affected persons and their property is presented in the property valuation report.
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Annex 6: Radio announcements<br />
RADIO ANNOUNCEMENT<br />
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THE EXECUTIVE DIRECTOR, UGANDA NATIONAL ROADS AUTHORITY (UNRA) – KAMPALA<br />
UPGRADING OF KYENJOJO – HOIMA – MASINDI – KIGUMBA ROAD TO BITUMEN STANDARDS<br />
Environmental & Social Impact Assessment, Resettlement Action Plan, Valuation <strong>of</strong> Property and Cadastral<br />
Survey.<br />
The Uganda National <strong>Road</strong>s Authority (UNRA), notifies project affected persons living within 15 metre width on<br />
either side, along KYENJOJO – HOIMA – MASINDI – KIGUMBA road, that the exercise <strong>of</strong> Valuation <strong>of</strong> Property,<br />
Social Impact Assessment and Cadastral Surveying is ongoing. The project affected persons are requested to<br />
stay at their homes as a team <strong>of</strong> RAP consultants and Valuers and Surveyors will be visiting them.<br />
UNRA therefore notifies the affected persons that the Valuation <strong>of</strong> Property, Social Impact Assessment and<br />
Cadastral Surveying will be effected as detailed below.<br />
Date: This exercise begins on 4 th April 2010.<br />
Project affected Persons in possession <strong>of</strong> land title deeds are requested to disclose and present a photocopy <strong>of</strong> their<br />
land titles to the consultants.<br />
All LCs are requested to notify people living along the road to be available for the exercise and to accord necessary<br />
cooperation to the consultants.<br />
The Executive Director,<br />
Uganda National <strong>Road</strong>s Authority (UNRA),<br />
P.O.Box 28487, Kampala.<br />
1 May 2010
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Annex 7: PROJECT DISCLOSURE<br />
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Annex 8: RAP BUDGET DETAIL FOR SECTION FUNDED BY AfDB<br />
List <strong>of</strong> affected property (by category) along Bulima-<strong>Kigumba</strong> <strong>Road</strong> Section to be<br />
funded by AfDB<br />
<strong>Kigumba</strong> - Bulima 69 km and Bulima - <strong>Kabwoya</strong> 66 km (135 km <strong>of</strong> total 238 km)<br />
Affected Property<br />
Bulima-<strong>Kabwoya</strong><br />
(66 km)<br />
<strong>Road</strong> Section<br />
<strong>Kigumba</strong>-Bulima (69<br />
km)<br />
1 Permanent Houses 13 13<br />
2 Shops 56 24<br />
3 Kitchens 0 0<br />
4 Schools 0 0<br />
5 Medical Clinics 0 0<br />
6 Churches 0 0<br />
7 Mosques 0 0<br />
8 Toilets 0 0<br />
9 Pit Latrines 2 1<br />
10 Shades 2 1<br />
11 Maize Stores 0 0<br />
12 Kiosks 1 3<br />
13 Barbed wire Fences 64 20<br />
14 Local Live Hedges 37 25<br />
15 Earth Graves 0 10<br />
16 Paved/Concrete Yards 1 0<br />
17 Gates 2 0<br />
18 Septic Tanks<br />
Boundary/Retaining<br />
2 0<br />
19 Walls 2 1<br />
20 Water Tanks 1 0<br />
21 Kraals 0 0<br />
22 Well 0 0<br />
23 Fuel Pumps 6 0<br />
24 Fuel Tanks 2 0<br />
25 Petrol Station Canopies 2 0<br />
TOTAL 193 98<br />
Note: 17 strips <strong>of</strong> gardens <strong>of</strong> estimated area <strong>of</strong> 16 acres along the road<br />
Name <strong>of</strong> District<br />
No. <strong>of</strong><br />
Households to<br />
be physically<br />
relocated<br />
No. <strong>of</strong> PAPs (HHs)<br />
in buildings/<br />
dwellings to be<br />
demolished 1<br />
Total No. <strong>of</strong><br />
people losing<br />
various types <strong>of</strong><br />
property 2<br />
Bulima-<strong>Kabwoya</strong> 59 354 2406<br />
<strong>Kigumba</strong>-Bulima 32 144 1866<br />
Total 91 498 4272<br />
1. This is number <strong>of</strong> people in buildings/ households to be demolished by the road project (a household is a group <strong>of</strong> people<br />
living in the same dwelling).<br />
354 PAPs are in 59 households and 144 PAPs in 32 households.<br />
2. This is number <strong>of</strong> people documented by the property survey/ valuation consultant whose assets <strong>of</strong> various types (a fence, kiosk, building, crops, etc) were to be affected by the road project.<br />
Not all HH had families/ dependants.<br />
RAP Costs (relocation and compensation):<br />
<strong>Road</strong> Section<br />
Value for Land<br />
(UGX)<br />
Value for Buildings<br />
& Other<br />
Improvements<br />
(UGX)<br />
Value for Crops<br />
(UGX)<br />
Sub Total Disturbance<br />
Allowance at<br />
15% <strong>of</strong><br />
compensation<br />
sum<br />
Total (UgX)<br />
Bulima-<strong>Kabwoya</strong> 3,701,920,738 1,173,732,506 241,076,850 5,116,730,094 1,535,019,028 6,651,749,122<br />
<strong>Kigumba</strong>-Bulima 1,753,981,949 741,283,743 147,015,500 2,642,281,192 792,684,358 3,434,965,550<br />
Total 5,455,902,687 1,915,016,249 388,092,350 7,759,011,286 2,327,703,386 10,086,714,672<br />
Exchange rate (as <strong>of</strong> 2 Oct 2012) : 1 USD = UgX 2552
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Assistance for restoring crop production:<br />
(i.e. opening new<br />
gardens, seeds, etc):<br />
Compensation to<br />
relocate graves:<br />
Income restoration for businesses (shops,<br />
etc) :<br />
Provisional sum for assistance to<br />
vulnerable people:<br />
RAP implementation<br />
cost:<br />
RAP monitoring and<br />
evaluation:<br />
11,642,770.50 UgX<br />
2,500,000.00 UgX<br />
57,450,487.47 UgX<br />
40,500,000.00 UgX<br />
170,168,067.00 UgX<br />
56,722,689.00 UgX<br />
TOTAL RAP budget for AFDB section 10,425,698,685.85 UgX<br />
Contingency for eventualities (put at 10% <strong>of</strong> total compensation<br />
sum)*:<br />
* Sum suggested by AfDB<br />
Grand total<br />
1,042,569,868.58 UgX<br />
11,468,268,554.43 UgX<br />
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