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World Bank Document VOL. 1 Public Disclosure Authorized ROAD AGENCY FORMATION UNIT MINISTRY OF WORKS, HOUSING AND COMMUNICATIONS PACKAGE I: KAMAPALA-GAYAZA-BUGEMA-ZIROBWEROAD RESETTLEMENT ACTION PLAN Public Disclosure Authorized PART A FINAL REPORT Public Disclosure Authorized VOLUME 1 Public Disclosure Authorized (from Km. 0+000 to Km. 44+295) Prepared by PHOENIX ENGINEERING & RESEARCH LTD P 0 Box 28442 Plot 7, Summit View Road, Naguru - Kampala June, 2003 Kampala-Gayaza-ZirobweRoad R.AP 1 RESETTLEMENTILAND ACQUISITION ACTION PLAN1 TABLE OF CONTENTS TERMINOLOGY AND DEFINITIONS i KEY CONCEPTS OF RESETTLEMENT i EXECUTIVE SUMMARY i 1 INTRODUCTION 1 1.1 Background 1 1.2 The Project Road 1 1.2.1 Location of the Project Alignment 1 1.2.2 The Project Road 1 1.3 Objective of the Resettlement Action Plan 1 1.4 Approach and Methodology of Social Assessment 1 1.5 Structure of Final Report 1 2, POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 1 2.1 Policy Basis 1 2.2 Institutional Responsibilities 1 2.3 Legal Framework, Laws and Regulations 1 2.4 Donor Safeguards Policies on Resettlement 1 2.5 Difference of Ugandan Laws and the World Bank Policy on resettlement 1 2.6 Land Ownership 1 2.7 Public Consultation and Public Awareness 1 2.8 Community Participation and Involvement of Local Councils 1 3. SOCIO-ECONOMIC BASELINE INFORMATION 1 3.1 Demographic Information 1 3.1.1 Population 1 3.1.2 Demographic Structure 1 3.1.3 Population Density 1 3.1.4 Urban and Rural Population 1 3.1.5 Social Organisation 1 3.1.6 Ethnic Groups 1 3.2 Land Tenure 1 3.2.1 Mailo Tenure 1 3.2.2 Freehold and Leasehold Tenures 1 3.2.3 Customary and Urban Land Tenure 1 3.3 Livelihood of Communities along the alignment: 1 3.3.1 Economic Activities and Standards of Living 1 3.3.2 Agriculture 1 3.3.3 Animal Resources 1 3.4 Present State of Services and Infrastructure 1 3.4.1 FuelSupply 1 3.4.2 Water Supply. 1 3.4.3 Public Health 1 3.4.4 HWAIDS Control 1 3.4.5 Schools I 3.5 Settlement Pattern Along the Road 1 4 PROJECT IMPACTS 1 27- MU^-08 I Phoenix .. Kampala-Gayaza-Zirobwe Road RAP 4.1 Minimisation of Resettlement Impacts 4.2 Resettlement of PAPS 4.3 Sites Affected by the Project 4.4 Profile of Project Affected Persons 4.5 Cutting of economic valuable trees 4.6 Loss of agricultural production 4.7 Demolition of structures 5 COMMUNITY PARTICIPATION AND CONSULTATION 5.1 Stakeholders Analysis 5.2 Consultation Strategy 5.3 Consolidation of Monitoring and Evaluation Systems with Stakeholders 5.4 Involvement of CBOs 6 COMPENSATION SYSTEM 6.1 Inventory of impact of individual and communal properties 6.2 Criteria and Strategy for Compensation for land, houses, crops and other propertY 6.3 Resettlement Options 6.4 Notification 6.5 Inventory and Registration of Affected Properties and Persons 6.6 Compensation Rates 6.7 Grievance Procedure and Redress. 6.8 Flexibility and Contingency Management 6.9 Market Value Assessment 6.10 Right to Salvage Materials 6.11 Moving Arrangements 7 IMPLEMENTATION OF RESETTLEMENTICOMPENSATION PLAN 7.1 Resettlement impacts and Mitigation measures 7.2 Major types of resettlement impacts and mitigation measures required 7.4 Individual houses 7.5 Drinking water system 7.6 Environmental Management 7.7 Payment procedures of compensation ceM1cate 7.8 Entitlement Framework 7.9 Resettlement and Compensation 7.10 Host Population 7.11 Infrastructure and Social Improvement 7.12 Participation of Chief Government Valuer in the Resettlement Activity 7.13 Payment Procedure and Transparency 7.14 Implementation Responsibilities and Procedure 7.15 Time Schedule for Implementation of the RAP 7.16 Budget Costs for RAP Implementation 8 MONITORING AND EVALUATION SYSTEM 8.1 Monitoring Mitigation Measures 8.2 Indicators for Monitoring 8.3 Reporting Arrangements 8.4 Programme for Monitoring and Evaluation 8.4.1 Periodic Reporting 8.4.2 Review of Field Activities 8.4.3 Field Visits 8.5 Resettlement Implementation and End of Programme Evaluation APPENDIX List of Participants in Community Consultations 27-Mar-08 11 Phoenk Kampala-Gayaza-Zirobwe Road RAP TERMINOLOGY AND DEFINITIONS Community Based Organisations (CBOs): Small representative groups which normally voluntary operate at the village and LC1 level. Chief Government Valuer (CGV) The Chief Government Valuer is mandated on behalf of Government to approve the value of property, land and the level of compensation for all the affected persons along the route. Ministry of Works, Housing and Communieations (MOWHC): Non-Governmental Organizations (NGOs): Entitled Persons (EPs): Entitled Persons are PAPS who either quality for or are entitled to assistance andlor compensation as they will be relocated or otherwise affected by the Project. EPs are deemed to include persons entitled to compensation under the legal framework of Uganda Law. Head of the Household: Head of the Household is defmed as the eldest member of core family in the household, for the purpose of the project. Household Unit: The Household Unit is defined as a group of persons, blood-related or not, who commonly live together and would take their food from a common kitchen imless the exigencies of work prevented any of them £rom doing so. Household Unit Size: An entitled household is treated as one unit. If a household loses a house, all members share in the compensation and assistance, although the compensation will be paid to the titleholder. It is up to the household unit to distribute assistance amongst themselves. Lost assets: Lost assets will be valued at full replacement cost. Lost income opportunities: Lost income opportunities will be assessed and compensated on the basis of the losses caused by the project. If a household or family has several adult members who will lose their incomes, all will be compensated. 2 7-~ar-08 1 Phoenix Kampala-Gayaza-ZirobweRoad RAP Private property owners: Private property owners are persons who have legal title to structures, land or other assets and are accordingly entitled to compensation under the Land Act. In the case of a joint title deed, the replacement land or cash compensation will be given to the joint holders who will be treated as a unit. Project Affected Groups (PAGs): Project Affected Groups are groups or communities, which may be affected by the project. A group is generally limited by geographical location. As far as group entitlement is concerned, there is increased attention for the weaker less represented groups in society. Project Affected Households (PAHs:) Project Affected Households are households on which, as a household unit, the Project may impact. Project Affected Persons (PAPs): Project Affected Persons are individuals on whom the Project may impact either directly or indirectly. All PAPs are entitled to restoration of their standards of living and compensation for the material losses they suffer, plus entitlement to share in the project benefits. Compensation for assets will cover full replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. Rehabilitation: Rehabilitation means the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. Resettlement: Resettlement means to provide the arrangement of product and livelihood for the PAPs and to ensure they will be able to realise the benefits of the project outcomes. It mainly includes: The relocation of living quarters; Finding acceptable new employment for those whose jobs are affected; Restoration (or compensation) of &ected productive resources such as land, workplaces, trees and infrastructure; Restoration of other adverse effect on PAPs' living standards (quality of life) through land requisition (such as the adverse effects of pollution); Restoration of or compensation for affected private and public enterprises; Restoration of adversely affected on cultural or common property. .. 2 7-~ar-08 11 Phoenix Kampala-Gayaza-ZirobweRoad RAP Squatters: Squatters are landless households squatting within the public 1 private land for residential and business purposes. Squatters may qualify as a vulnerable group but such consideration is dependent on the vulnerability criteria established by the Project. Vulnerable Groups: Vulnerable Groups are PAPs who are more vulnerable than typical PAPs and who may suffer more, economically or socially, from relocation to a new community. For this project, PAPs falling into one of the following groups are automatically considered members of a vulnerable group: Woman - headed households Widows and widowers The aged. Indigenous population The socio-economic survey of PAPs will provide the data necessary to identify members of vulnerable groups in the project corridors. Children and the elderly, who could also be considered as members of vulnerable groups, may also be eligible for assistance and support mechanisms under the collective category, if found :necessary in subsequent stages of investigation. Woman Headed Household: Woman Headed Household is defined as a household fulfilling both the criteria given below: A Woman is the principal earning member of the family, and No male member (excluding the disabled) in the family, older than the principal earning member as above, is earning (earning excludes pension payrr~ents and interest payments on deposits). Phoenix Kampala-Gayaza-Zirobwe Road RAP KEY CONCEPTS OF RESETTLEMENT Replacement Cost The World Bank policies require that all affected assets (land and structures) be compensated at their replacement cost.
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