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

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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. Replacement cost of an affected asset is equivalent to the amount required to replace the asset in its existing condition. Since in most of the Borrower counb-ies, and especially at the project sites, there may not be markets in old housing that function well, the replacement cost of structures should be equal to the cost of constructing / purchasing a new structure, without making any deductions for depreciation.

The legal frameworks of many countries do not provide compensation at replacement cost. The Bank accepts a combination of compensation permissible under the local legal regimes with other allowances (with variable terminology) so that the total is equal to the replacement cost of affected assets.

e3 Income Restoration Restoration of the incomes of all the affected persons is one of the key objectives of the Bank's resettlement policy. It requires that after resettlement, all of the affected persons should have incomes, which are at least equivalent to their pre-project income levels.

Restoration of incomes, the standards of living and the productivity levels of the affected persons constitute the core of the Bank's resettlement policy. Though resettlement programs should be designed to help improve the standards of living and income levels of the affected population, they must minimally be restored. Resettlement planning is one of the main mechanisms through which the Bank and the Borrower work towards ensuring that the incomes of all categories of affected persons are restored after resettlement.

e3 Squatters and Encroachers Squatters and encroachers are persons without legal titles to the land and structures occupied / used by them. The term "Squatters" is typically used for those occupying structures for residential / commercial purposes, while "encroachers" are those occupying land for agriculture.

The Bank's resettlement policy explicitly states that the affected persons cannot be denied compensation / resettlement assistance based on the lack of legal title. Bank projects, therefore, need to make provisions for helping squatters / encroachers achieve the objectives of the Bank's resettlement policy.

*:* *:* Displacement Displacement is the impact that necessitates resettlement of affected persons. Displacement could be physical, i.e. where the affected persons are required to relocate, or economic, where the impact of loss of incomes forces the affected persons to move or to initiate alternative strategies of income restoration.

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+:+Project -Affected Persons: Persons affected by land acquisition, relocation, or losses of incomes associated with change in land use due to the project are defined as project-affected persons (PAPS). Though project-affected persons may form the unit of impact for the purpose of baseline surveys, some of the resettlement entitlements could actually be provided to the households as units of entitlement.

+:+ +:+ Linear Resettlement: Linear resettlement is usually involved in projects producing linear patterns of land acquisition (highways, railways, canals, power transmission lines etc.. .). It is differentiated from site-specific resettlement because of the problems that arise when resettlement actions have to be coordinated across multiple jurisdictions and different cultural and linguistic areas.

43 Urban Resettlement: Resettlement in urban or pre-urban settings is usually referred to as urban resettlement. It is differentiated from rural resettlement since the types of problems involved and the strategies proposed to address them are substantially different from those in rural resettlement.

e3 Indigenous Peoples: Project where resettlement of indigenous peoples is required need to be prepared and implemented with extreme sensitivity to the socio-cultural requirements of indigenous groups. The Bank's OP 4.12 deals with issues in development projects with indigenous peoples. Where IPS need to be resettled in a project, the requirements of OP 4.12 need to be complied with.

+:* +:* Baseline Surveys: The term "Baseline Surveys" refers to two types of surveys that are ideally conducted early in the resettlement planning process: a. A census of all affected persons and assets, and b. A survey of the socio-economic conditions of the affected persons.

Baselines surveys are essential since: a. They form the basis for identifying the various types of project impacts. b. They are vital guides to designing effective resettlement programs c. They constitute a baseline against which the incomes and standards; of living of PAPS after the project can be measure. d. They form the basis of all resettlement planning

The entitlement policies, costs and budgets, institutional arrangements for implementation, etc. can only be worked out once the baseline surveys are completed. Kampala-Gayaza-Zirobwe Road RA?'

EXECUTIVE SUMMARY

1. Introduction

The Government of Uganda is implementing, through the Road Agency Formation Unit (RAFU), the Ten Year Road Sector Development Programme (1996197 - 2005106) which covers expenditure for recurrent periodic maintenance, improvements of the classified main road network and district/urban roads, and institutional reform. Phase 2 of the Road Development Programme (RDPP2) includes a feasibility study and detailed engineering design with production of bid documentation for upgrading the Kampala-Gayaza-Zirobwe- alignment being carried out by PHOENIX.

The implementation of the ten-year programme works and the need to resolve land and compensation issues in accordance with Uganda's legal and administrative framework, has bought into sharp focus the need for extensive community consultation and development of resettlement action plans. These matters are being advanced in accord with the World Bank's developing policy on involuntary settlement. In June 2001, RAFU ran stakeholder workshops on Land Acquisition, Compensation and Resettlement, and subsequently issued a draft report titled RDP: Resettlement and Land Acquisition Framework, June 2001.

This Resettlement Action Plan for the Kampala-Gayaza-Zirobwe-Road project is prepared in accordance with the RAFU Resetflement and Land Acquisition Framework of November 2001 report and is consistent with the World Bank policy on involuntary settlement as presented to the June stakeholder workshops and in other meetings held at that time.

The objective of the Resettlement Action Plan is to provide a plan for the resettlement and rehabilitation of Project Affected Persons PAPS) so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve this objective the Plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods.

2. Policy, Legal and Institutional Framework

The resettlement plan for the Kampala-Gayaza-Zirobwe Road Upgrade Project is based on the Ministry of Works, Housing and Communication ResettlementLand Acquisition Policy Framework, November 2001. The resettlement/acquisition policy contains the following elements; institutional and legal framework, socio-economic profile including baseline surveys, community participation, compensation system, implementation of resettlementlcompensation, provision of infEastructure and services, resettlement budget, monitoring and evaluation system.

The resettlement plan for the Kampala-Gayaza-Zirobwe Road Upgrade Project will take into account the existence of the institutional framework and application of the legal framework within the context of Uganda Law.

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The main objective of land acquisition and resettlement is to ensure that the displaced people receive benefits from the displacing project. Involuntary resettlement, therefore, should be an integral part of the RDPPl projects and should be handled at the onset of the project, i.e. at the planning and feasibility stages, and throughout the project cycle. In developing this Resettlement/land acquisition action plan constant reference was made to RAFU's current policy framework.

In the context of the road sector in Uganda there are three actors involved in the resettlement. These are the Ministry of water, Lands and Environment (compensation), the Prime Minister's Office (Resettlement) and RAFU (Lead Agency). RAFU, as a Lead Agency of the Road Development Programme Phase l(RDPP1) is responsible for resettlement and identifying and coordinating all the other players in road resettlement. RAFU will liaise with the MOWHC on these matters.

Resettlement action plan / activities for the proposed project will depend on th~elegal back up and support of the institutional arrangement the Republic of Uganda and decentralisation process in the Districts. The planned project activities will have legal impact on the stakeholders and the development potential along the corridor. Impact is manifested in social, political and the economic standards of the people and the area. The position of the government of Uganda in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Uganda Laws.

3. Socio-Economic Baseline Information

The population of Kampala, Wakiso and Luweero Districts, the administrative units where the project area lies, was 2.6 million people in June 2000, according to the mid-year population projections estimated by the Uganda Bureau of Statistics. Within the project area, density is higher in the Kampala District (over 5000 hPt/ktn2 in Kawempe Division) and much less in the Wakiso District (about 400 hh/km2 in Nangambo and Kyambogo Sub-counties) and the Luweero District (about 250 hh/km2 in inalagala, Zirobwe, Sub-counties).

Land Tenure systems in the Project area are a mix of traditional practice, colonial regulations, and postcolonial legislations. Land holdings differ across the project area and currently fall under the following categories: Mailo, Freehold, Leasehold and Customary Tenure mbanja), no Lease Holdings identified.

Along the road corridor, the land tenure regime is mostly Mailo with customary occupancy. Squatters are prominent on such lands and no lease system is identified for these people. The mains cash crops are Coffee, Pineapple, maize, potatoes. Subsistence farming is the main economic activity in the project area. In fact, despite its large contribution to the economy, agriculture largely remains of the subsistence type.

Most households in the project area use firewood or charcoal for cooking, anti paraffin or electricity for lighting. The main source of water is the open well or spring, others are, stream or river, protected wells or springs, and boreholes.

According to the 1997 Health Services Inventory, geographical access to health facilities in Wakiso and Luweero districts is limited to only 49%of households, and only 42.7% of the parishes, the smallest administrative unit, have some form of health facilities.

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The first section of the road (14 km paved) traverses the high densely populated and commercially busy area of Kampala north in Kawempe division. From Km 0 (Kalerwe round-about) to Km 4.7 (Mperenve junction) the roadside is exclusively occupied with an intense commercial activity carried out in market areas (Kalenve market), permanent shops, temporary stalls and tables and with a continuous presence (day and night) of many pedestrians, bicycles and motor vehicles.

4. Project Impacts

The main principles underlying the proposed approach to minimising the adverse effects of resettlement and crop compensation are:

Demolition of buildings is limited to the buildings encroaching on the road structure. All other existing buildings not encroaching within the road will be allowed to remain in place, and after gazetting of the road reserve the construction of new buildings will be prohibited.

Crops and trees cutting is limited to crops and trees encroaching on the road structure and those within areas required for traffic diversions, haul roads, borrow pit operations and other road construction requirements.

Land acquisition is limited to areas where the proposed road structure deviates outside the declared existing road reserve. Acquisition will be to the full width of the road reserve to be gazetted.

The main impact of the Project construction works, in the context of this report, is the destruction of crops on land required for the construction. Of lesser scale, but of no less importance, is the demolition of houses, shops, market stalls and other erections on land affected by the works. Over the length of the Project, fifty-two buildings and other permanent constructions are so affected. The road upgrading design, which purposefully optimised engineering criteria and resettlement/social issues, limits the degree of demolition of permanent structures.

Primarily these will be people cropping land adjacent to the existing road A considerable number of buildings is directly affected by the project works and the impacts include: Cutting of economic valuable trees Loss of Agricultural production Demolition of constructions Displacement of stalls

5. Community Participation and Consultation

In preparation of the plan the following .stakeholders have been and should continue to be consulted to consolidate community 1 stakeholder participation in compensation and resettlement activities.

The Local Council Officials (LC1 and LC 11) and the villagers have high expectations regarding project related opportunities and therefore accord it high priority. During the site visits, the LC officials mobilised villagers for consultations as well as establishing good ... 27-Mar-0 8 Vlll Phoenix Karnpala-Gayaza-Zirobwe Road .RAP

cooperative arrangements. Their participation and input in the consultation process has been invaluable and will continue to be so during implementation of mitigation and monitoring resettlement activities.

As part of consultation process already undertaken, interested private sector institutions and NGOs have been provided an opportunity to participate in the resettlement planning process. To effect the Resettlement Action Plan, RAFU will form a Resettlement Implementation Team. The Team will work with the members of the local cowncils; various grievances Committees established at the grass root along ROW. Monitoring and purposeful evaluation will be key factors during the implementation successful resettlement activities.

6. Compensation System

Affected persons irrespective of their status (whether they have formal title:, legalizable rights, non-legalizable) are eligible for some kind of assistance if they occupied the land before the entitlement cut-off the entitlement cut-off refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, nlo new cases are entertained. The following categories will be eligible for compensation.

(i) People who are indirectly affected by the project (ii) People whose houses/structures will be affected by land acquisition. (iii) People be removed or damaged due to land acquisition activities (iv) Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Uganda and World Bank policies. (v) Persons who encroach the area after the resettlement survey (census and valuation) are not eligible to compensation or any from of resettlement assistance. Formal notification of the affected people about the project will be done as part of the ongoing community consultation. The registration procedure for affected properties and persons will consist of formal notification to the affected people and the establishment of so-called "cut-offy and the "actual" registration of the affected persons. Media (accessible to the affected persons should be used to deliver the information.

It is envisaged that a number of issues (grievances) will come up as a result of ].and acquisition by the project. A system must be put in place to settle these issues amicably through recognised institutions such as local councils, land boards and land triblunals to the satis:Faction of involved parties.

7. Implementation of Resettlement/Compensation Plan

To ensure that some people are not disadvantaged in the process of developme~it,it is important to avoid or minimize resettlement effects. Eresettlement is unavoidable, RAFU will help restore the quality of life and livelihoods of those affected. There may also be opportunities to improve the quality of life, particularly for vulnerable groups. Two of the most important aspects of the Resettlement Action Plan will be resettlement of a£Fected persons and compensation to entitled persons for loss of land and crops, either temporary or permanent. Kampala-Gayaza-Zirobwe Road RAP

8. Monitoring and Evaluation

Ongoing evaluation will address complex social, cultural and economic issues. Monitoring will assess in particular the situation of the vulnerable groups such as small and marginal landholders, unskilled laborers, mobile vendors, tribal populations, ethnic minorities, women, children, and the elderly and disabled persons.

Monitoring will cover the physical progress of the resettlement site including preparation of land, construction of houses, construction of facilities, provision of infrastructure and other necessities. The monitoring should also cover the relocation of people and their goods to the new sites as well as the allocation of replacement assets. Quarterly reports will be made to RAFU by the RIT. The total package for the resettlement will cover Uganda Shilling 428,229,500

x Phoenix Kampala-Gayaza-ZirobweRoad RAP

1. INTRODUCTION

1.1 Background

The Government of Uganda is implementing, through the Road Agency Formation Unit (FLWU), the Ten Year Road Sector Development Programme (1996197 - 2005106) which covers expenditure for recurrent periodic maintenance, improvements of the classified main road network and district1urban roads, and institutional reform. Phase 2 of the Road Development Programme (RDPP2) includes a feasibility study and detailed engineering design with production of bid documentation for upgrading the Kampala-Gayaza-Zirobwe- alignment beirig carried out by PHOENIX. Expenditure for the physical works to upgrade the road is included in RDPP3 (Phase 3 of the Road Development Programme).

The RDPP2 work is in progress. The Feasibility Study Final Report for the Kampala-Gayaza-Zirobwe Road upgrading project, which included social and Environmental Impact Assessment, were done and subsequently the detailed engineering design and bid documentation followed. The EIA included a resettlement impact assessment with identification of compensation and land acquisition costs; construction of the physical works under RDPP3 is scheduled to commence in year 2003.

The implementation of the ten-year programme works and the need to resolve land and compensation issues in accordance with Uganda's legal and administrative hamework, has bought into sharp focus the need for extensive community consultation and development of resettlement action plans. These matters are being advanced in accord with the World Bank's developing policy on involuntary settlement. In June 2001, RAFU ran stakeholder workshops on Land Acquisition, Compensation and Resettlement, and subsequently issued a draft report titled RDP: Resettlement and Land Acquisition Framework, June 2001.

This Resettlement Action Plan for the Kampala-Gayaza-Zirobwe- Road project is prepared in accordance with the RAFU Resettlement and Land Acquisition Framework of November 2001 report and is consistent with the World Bank policy on involuntary settlement as presented to the June stakeholder workshops and in other meetings held at that time.

1.2 The Project Road

The Kampala-Gayaza-Zirobwe-Road Project (under RDPP2) is to study and then prepare detailed design drawings and documentation for upgrading the road between Kampala and Zirobwe, via Gayaza and Bugema. From Kampala to Gayaza, the existing road is paved and beyond Gayaza through to Zirobwe, the existing road is a gravel road.

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Table B: Administrative units in the area influenced by the project road

Source: Uganda Bureau of Statistics. Projected mid-year population 1995-2015

1.2.1 Location of the Project Alignment

The project .road is located to the northwest of Kampala and serves the Districts of Kampala, Wakiso, Nakasongola, Mukono and Luweero. The project road passes through Kawempe Division, Nangabo, Busukuma, Kalagala, Zirobwe, and Sub- Counties. The area has a potential for livestock farming and agriculture development and it is one of the more densely populated regions of Uganda. The project road serves over 26 educational institutions, 2 agricultural research institutions and various rural development projects such as poultry production for local consumption and flower-cuttings production for export.

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The location of the project road:

Figure IS: Location Plan

1.2.2 The Project Road

The existing Kampala-Gayaza section is a paved road, which commences at the Kalerwe roundabout on the Bombo Road and initially passes through the urban hinge of Kampala (4.5km). It then traverses (9km) through a rural envirclnment in rolling terrain to Gayaza. The Gayaza- Zirobwe- Road is a murram (gravel) road (53.9km). From Gayaza, the road traverses fertile agricultural country:;ide in a rolling terrain via Bugema.

The project road is divided into sections, where there is homogeneity ,of traffic features, such as road environment (urbanlrural), traffic Kampala-Gayaza-Zirobwe Road RAP

volume, traffic profile, (% heavy vehicles) and travel demand, (short tripllong trip). Ln total there are five road sections (links) as described in Table C: below and as illustrated in Figure 1.2 on page 4.

Table C: Road Sections:

S. 1 Kampala-Nsooba 0-1-000 1-1-300 1.3 urban I1 paved S.2 Nsooba-Mpererwe 1-1-300 4-1-600 3.3 urban fringe I1 paved S.3 Mpererwe-Gayaza 4-1-600 13-1-500 8.9 rural I1 paved S.4 Gayaza-Kiwenda 13-1-500 25-1-200 11.7 rural C unpaved I S.5 Kiwenda-Zirobwe 1 25-1-200 1 44-1-400 1 19.2 / rural 1 C unpaved I

* Reference is made to the MOWHC Road Design Manual 1994 for definition of road class:

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1.3 Objective of the Resettlement Action Plan

The objective of the Resettlement Action Plan is to provide a plan, for the resettlement and rehabilitation of Project Affected Persons (PAPs) so that their losses will be compensated and their standards of living will be improved 01: at least restored to the pre-project levels. To achieve this objective the Plan provides for rehabilitation measures so that the income earning potential of indivitluals are restored to sustain their livelihoods.

The specific aims of the Resettlement Action Plan are: to identify persons (individuals or groups) who are affected by the Project either by the necessary destruction of existing buildings, constructions or crops, or by the need to acquire land; to identify, through consultation, appropriate options for resettlement and compensation of project affected persons (PAPs), which accord with the legal requirements of Uganda Law and are consistent with the relevant policies of RAFU and the World Bank; and 27-Mar-08 5 Phoenix Kampala-Gayaza-Zirobwe Road RAP

to determine a process for the successful and timely implementation of resettlement, compensation and land acquisition, consistent with the Project objectives.

1.4 Approach and Methodology of Social Assessment

Resettlement planning is effected whenever displacement/relocation of project- affected persons is part of project activities. Before the actual implementation of the resettlement activities, baseline data is collected and potential direct and indirect impacts to the affected persons are identified and analysed. Mitigation measures are then put in place to address negative impacts and compensatory plans are designed and recommended.

For this report, relevant documents on resettlement plans and guiding reports on the legal framework in respect to the situation for Ugandans were reviewed. In addition field surveys, field data collection, formal and informal interviews were carried out with project-affected persons, local council oflicials, and representatives of NGOs and peoples organisations in the area. Religious and government institutions were also consulted. Interviews were carried out to ascertain the disinterested views of the project-affected persons about the relocation process.

Literature Review: This involved reviewing historical and current studies, and census data, social economic status, community structure, land use, k&astructure and services profile along the existing alignment. Much of the literature reviewed was current and relevant to the resettlement plan.

Field Surveys: Reconnaissance surveys were carried out along the alignment to screen out resources, facilities and services to be aiTected by the project. Analysis of the field survey data consolidated the nature of recommendations put forward for the successful implementation of the resettlement plan along the project road.

Site Visits and Participatory Rapid Appraisal: The consultant visited various sites along the alignment. Critical examination was mainly focused on the nature of people to be relocated, community resources to be affected and the nature of economic activities to be disrupted as a result of the project.

Focus Groups Discussion: A number of focus group discussions were organised with various group of people and stakeholders along the alignment. Participants in these discussions included:

- Project affected persons - Local Leaders - Representatives of NGOs and People's Organizations working in the area. - Government officials - The Kabaka's representatives - Religious Leaders and Head teachers - Community development leaders

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- Land lords and district officials - Opinion leaders and elders.

The discussions and community consultations elucidated the current development potential to be affected by the resettlement process, at construction 2nd after construction stages; attitude towards resettlement, compensation, land takes. Also discussed were gender specifics benefits and replacement cost value for the afYected persons.

Informal Interviews: The consultants undertook numerous informal interviews. These were held to supplement data sourced using other data collection methods. This method was employed in order to access impartial and personal views about resettlement and compensation issues.

Formal Interviews: Multiple non-structured formal interviews were held with a number of stakeholders most especially the Buganda Land Board officials, Local Council officials along the alignment, representatives of the Kabaka and government officials.

Public Consultation: Comprehensive community consuItations were held with communities along the alignment. During consultation meetings, the consulted communities were concerned about timely and fair compensation. .Although communities were in favour of the road project, they were concerned that delay in compensation might make them destitute.

1.5 Structure of Final Report

The Final Report is divided into two packages (I & 11) and further divided into three volumes as follows:

Part A-Volume 1: Resettlement Action Plan

Part B-Volume 2: Valuation Report

Volume 3: Strip Maps

Appendices: Supplementary to vo1.3 (Strip Maps) List of Affected I'eople

27-Mar-08 7 Phoenix Kampala-Gayaza-Zirobwe Road RAP

2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

Policy Basis

The resettlement plan for the Kampala-Gayaza-Zirobwe Road Upgrade Project is based on the Ministry of Works, Housing and Communication ResettlementJLand Acquisition Policy Framework, November 2001. The resettlement/acquisition policy contains the following elements; institutional and legal framework, socio-economic profile including baseline surveys, community participation, compensation system, implementation of resettlement/compensation, provision of infrastructure and services, resettlement budget, monitoring and evaluation system.

The resettlement plan for the Kampala-Gayaza-Zirobwe Road Upgrade Project will take into account the existence of the institutional framework and application of the legal fiamework within the context of Uganda Law.

The main objective of land acquisition and resettlement is to ensure that the displaced people receive benefits from the displacing project. Involuntary resettlement, therefore, should be an integral part. of the RDPP 1 projects and should be handled at the onset of the project, i.e. at the planning and feasibility stages, and throughout the project cycle. In developing this Resettlement/land acquisition action plan constant reference was made to RAFU's current policy hamework.

Institutional Responsibilities

All organizations that have a role to play in the implementation of a project resettlement plan should be identified during the planning stage and should have the oppodty.to contributed their points of view as to how their function is base carried out and what constraints there might be. There should no surprises during plan implementation.

Resettlement action plan / activities for the proposed project will depend on the legal back up and support of the institutional arrangement the Republic of Uganda and decentralisation process in the Districts. The planned project activities will have legal impact on the stakeholders and the development potential along the comdor. Impact is manifested in social, political and the economic standards of the people and the area.

27-Mar-08 8 Phoenix Kampala-Gayaza-ZirobweRoad RAP

Legal Framework, Laws and Regulations

The position of the government of Uganda in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Uganda Laws. The legal framework within which resettlement and compensation should take place is given in the ResettlernentLand Acquisition Policy Framework .Relevant laws include:

The Constitution of Uganda (1 995) National Environmental Management Statute (1995) Environmental Impact Assessment Regulations (1 998) The Land Act (1998) The Town and Country Planning Act (1 964) The Local Government Act (1 992) The Decentralisation Act (1 997) The Road Safety and Traffic Act (1991) The Land Acquisition Act 1965

Donor Safeguards Policies on Resettlement

World Bank Operational Policy OP 4.12 on "involuntary Resettlement", requires that displaced persons should be compensated at full replacement cost, assisted with relocation/resettlement and during transition period. The developer slnould be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable.

The overall objectives of the World Bank policy on Involuntary resettlement has the following that:

a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative designs b) Where it is not feasible to avoid resettlement activities should be conceived and executive as sustainable development program, providing sufficient

investment resources to enable the persons displaced by the project to1 share in project benefits.

c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displaced levels or to levels prevailing prior to the beginning of project implementation, which is higher.

The World Bank policy covers direct economic and social impacts that both result fiom Bank-assisted investment projects caused by involuntary resc:ttlement, regardless of the source of funding. The Bank also provides for a borrower to prepare a resettlement plan or a resettlement policy framework. There are measureis are part -- 27-Mar-08 9 Phoenix Kampala-Gayaza-Zirobwe Road RAP

of the resettlement plan, including the impacts fiom physical relocation and time likely to be needed to restore their livelihood and standards of living. The World Bank preference is given to land-based resettlement strategies for displaced persons whose livelihoods are land-based.

Difference of Ugandan Laws and the World Bank Policy on resettIement

There are some difference between the World Bank Policy and the Ugandan laws on resettlement. While the Ugandan laws restrict themselves to fair, adequate and prompt compensation (Which is interpreted to mean cash), the World Bank policy extends it to providing alternative land and resettling the persons.

The World Bank requirements are more favorable to PAPS than the provisions of Ugandan Law. The Government of Uganda does not wish to set precedents as to compensation amounts. However, GOU is strongly committed to fulfill World Bank requirements. Appropriate compensation approaches are therefore needed, with a first part of compensation meeting Ugandan Law requirements, and an additional uplift aiming at compIying with World Bank requirements where they are not complied with by the sole Ugandan provisions

Land Ownership

There is a diversity of land ownership along the right of way but the most prominent land holding, according to the available is cadastral information and title deeds, and fiom the observations and discussions with the various communities, Mailo land is prominent between Kampala and Zirobwe. On the Mailo land tenure; there are different ownership interests between the registered owners and lawful occupants. All those with vested interests therefore will be treated fairly during the land acquisition and compensation. Serious scrutiny of ownership will be affected during cadastral survey and community consultations at the local level.

For the purposes of this road project, the following major categories of people will have legavproprietary interest in the land to be affected:

Mailo land owners (titledl registered)

Customary land owners (on former public land-untitled) a Tenants-in-occupancy/Kibanjaowners (la- or bona- fide occupants on Mailo land)

Various attempts have been made to address developmental concerns arising from these various systems with a view to stimulating development and preserving the environment. Article 26 of the 1995 Constitution of the Republic of Uganda empowers individuals to own property and also protects them from compulsory deprivation of such property. The article further states that if such property (in this case land) is required for public use or interest, the affected individual be adequately compensated. Clause 4 and 5 of Article 237 further provide that customary and leasehold tenure systems can be converted to freehold by registration and in

27-Mar-08 10 Phoenix Kampala-Gayaza-Zirobwe Road RAIJ

accordance with a law to be made by Parliament respectively. Statutory leases by urban authorities are also affected. In essence, the 1995 constitution seeks to give more powers to the people in so far as ownership is concerned

Public Consultation and Public Awareness

The relocation activities will have significant impacts on the project-affected persons in particular. There will be strong need to develop a program that allows the affected persons to be informed and to have a local centre or project office which can impart information on the resettlement activities and associated stages and also serve to hear complaints. This will be crucial in monitoring and evaluation of the whole exercise. Information centres will be established at local councils offices or the sub county headquarters along the impacted corridor.

Community Participation and Involvement of Local Councils

Community participation and consultation are essential elements of envir'onmental management of roads that ensure that the community is include in the decision making process. It is therefore necessary to develop procedures and skills for informing the public and other interested parties about proposed road projects.

Public involvement will assist in the following:

Identifying cultural and communal property; Identify culturallsocial groups which should move together; Sensitisation of both host and resettlement communities. This should be done in advance; Identification of various resettlement alternatives; Identification of vulnerable groups, to be protected. Such groups will include disadvantaged women, the disabled, the landless, the orphans, and other minorities.

Community Involvement should include the following: Informal leaders and representatives; LC Officials;

Other formal leaders; Local NGOs and CBOs; MOWHC Representative of various categories of PAPS

Community mobilization and participation strategy

The major strategy evolves around the provision of a full opportunity for involvement of all stakeholders who will include project beneficiaries, those: likely to be adversely affected and other stakeholders who may have an interest in the road development programme for one reason or another. As a matter of strategy, public 27-Mar-08 11 Phoenix Kampala-Gayaza-ZirobweRoad RAP

consultation and involvement should be an ongoing activity taking place through out the entire project cycle and should include the following:

Public consultation before the inception of the project and before the environmental and social study is done. Public consultation during the environmental and social impact study and during the project design. Consultation after the environmental and social impact study has been done. Holding of public hearing if RAFU (the Lead Agency) should find it necessary as well as appropriate notification regarding the hearing.

Involvement of the Local Government District authorities manage most of the land in the rwal areas. These institutions are stakeholders in settlement activities. They should be consulted in planning resettlement, and should play a key role in implementation at grass roots levels. LCs should participate in managing resettlement activities.

During the planning stages of the project it will be necessary to assist local authorities in dealing with project impacts. The involvement and gradual capacity building of local authorities is a good option. This ensures transparency and a degree of community participation in project planning and implementation. The National Environmental Statue (1995) provides for local and District Environmental Committees as part of the EIA procedure.

The established Grievance Committee members are community based and understand the community better. The Grievance Committees will form a platform for which the PAPS will channel their grievances. The Committee members will start their work during surveying and property valuation.

27-Mar-08 12 Phoenix Kampala-Gayaza-Zirobwe Road &IF'

3. SOCIO-ECONOMIC BASELINE INFORMATION7

3.1 Demographic Information

3.1.1 Population The population of Kampala, Wakiso and Luweero Districts, the administrative units where the project area lies, was 2.6 million people in June 2000, according to the mid-year population projections estimated by the Uganda Bureau of Statistics, based on the projection of the official series shown below (Table D). The inter-census growth rate of the three Districts affected by the project area increased fioni 2.5% in 1969-80 to 2.6% in 1980-91, contrary to the national demographic treild which reflected a slow-down (fiom 2.7% to 2.5%).

Table D: Official data on the population of Kampala, Wakiso and Luweero DrstPicts - (1 969-96):

I Wakiso 1 513,500 1 661.200 1 913,900 1 1,175,700 1 2.4 1 2.9 1 2.7 1

Sources: a) Population Census: 1969,1980 and 1991 and official administrativefigures for 2000

During the period 1980-91 the District of Luweero experienced a remarkable slow- down, which is attributable to out-migration during the civil war. E:ampalals population is expected to grow at a rate of 5.7% per annum between now afld 2004, which is almost double the national growth rate. This will result in an estirnlated total population of 1.5 million persons that is double the population recorded in 1991 census. The average household size increased fiom 4.1 in 1969 to 4.3 in 19'31.

3.1.2 Demographic Structure

Population is young: 49% are under 15 years, while the active group 15 to 64, or core labour force, is 47 %. Males outnumber females in the age group 1- 15 years, while females 15-64 are more numerous than males, especially in the Wakiso and Luweero Districts, testifying to the out-migration of the male labour force. The groulp aged 65 and over is higher than 3%, except in Kampala where it is less than 2%. The dependence ratio is a higher in Kampala than in Wakiso and Luweero distric:ts,

27-Mar-08 13 Phoenix Kampala-Gayaza-Zirobwe Road RAP

meaning that fewer workers in the active group are supporting a large number of people.

3.1.3 Population Density

Within the project area, density is higher in the Kampala District (over 5000 hh/krn2 in Kawempe Division) and much less in the Wakiso District (about 400 hh/km2 in Nangambo and Kyambogo Sub-counties) and the Luweero District (about 250 hh/km2 in Kalagala, Zirobwe, Sub-counties). The above figures shows that the project area is densely populated and higher than the regional and national average (Table 3.2).

Table E: Population Densitv ofKampala, Wakiso and Luweero Districts f1980-2000)

1 Wakiso 1 4514 1 661,200 1 913.900 1 1,175,700 1 146 1 202 1 260 I

1 Uganda / 197096 1 12,636,200 1 16,671,700 1 22,210,300 1 64 1 85 1 112 1

Source: Uganda Bureau of Statistics, 1999

3.1.4 Urban and Rural Population

Within the project area, the population if the urban segment amounts to 222,000 people, mostly concentrated in the Kawempe Division of Kampala city (180,000 inhabitants in the year 2000). The remaining 42,000 people are distributed throughout town councils and other growth centres.

3.1.5 Social Organisation

The family is the main unit of social organisation. It includes both the nuclear family and the extended family. A male who yields considerable authority over the other members usually heads the nuclear family. He is the main decision-maker on matters concerning the family members and the family's economic and productive resources. Families make up clans whose members share common ancestry and facilities such as burial grounds. Beyond the hilyand the clan, there is currently a socio-political system of organisation, the Local Council &C) system that was introduced by the National Resistance Movement government in 1986. It starts ftom the village level up to the District level. The role of the local councils in community matters development of Community Lnfrastructure like Community

27-Mar-08 14 Phoenix Kampala-Gayaza-Zirobwe Road RAP

roads, water sources and settlement of disputes. The project area is also part of the traditional Buganda Kingdom. Although the monarchy does not hold political power, the king has a significant socio-cultural role. Matters involving the: people's loss of and compensation for land therefore, may call the attention of the relevant Ministry in the Kingdom government. The nuclear family, the extended family and to some extent, the clans constitute a significant traditional social support system for their members especially in times of difficulty.

3.1.6 Ethnic Groups

The 1991 census singled out 34 ethnic groups present in Kampala, WzLkiso and Luweero districts. In terms of numerical strength, the most important ethnic group in the project area is the Buganda, belonging to the Bantu linguistic group. They comprise almost the 85% of the population that occupies the central and the southern part of the country, from lake Victoria to lake Kyoga in Central Uganda, better defined as Buganda region. The Buganda is homogeneous both linguistically and culturally. They are hard working people who have taken full advantage of their favourable geographical and economic position. Many other ethnic grotups have however settled in Buganda region @anyankore, Basoga and Bakiga of the Bantu area, the Nilo Hamitic Iteso coming from East, the Nilotic Langi and Acholi people coming fiom northern Uganda).

3.2 Land Tenure

3.2.1 Mailo Tenure

This was introduced in Buganda following the Buganda Agreement of 1900. originally, it was of two categories, notably private and official Mailo. Subsequently in 1967 official Mailo was transformed into public land. A principal featilre of the Mailo system was that of modified freehold. Mailo estates were surveyed and the holders given certificates of title which could easily be transferred. Consequently, many sub-divisions of the original Mailo holdings have taken place. These title deeds have also been used as collateral security in financial institutions and have thus contributed to development. About 70 % of the land is held under the Mai1.0 system. It has been argued that this kind of tenure hinders developments in the ai;ricultural sector. Land is an asset that has to be protected. However, Mailo tenure is such that ownership and tenancy are not the same in many cases. Therefore, tenants on such latnd have tended to neglect looking after and investing in land because of lack of security of tenure. Also, occupants have neither been allowed to plant trees on such land nor reap benefits without permission from the landlords.

27-Mar-08 15 Phoenix Kampala-Gayaza-Zirobwe Road RAP

Along the road corridor, the land tenure regime is mostly Mailo with customary occupancy. Squatters are prominent on such lands and no lease system is identified for these people.

3.2.2 Freehold and Leasehold Tenures

In the project area, there are very few fieehold tenures. Religious bodies such as the Church of Uganda, the Catholic Church, mainly hold these.

Leasehold tenure, therefore, is common in the urban areas (Kawempe Division - Kalenve to Gayaza) than in the rural areas. There are no Leasehold land holdings along the Right of way of the alignment.

3.2.3 Customary and Urban Land Tenure

This is the oldest system of tenure in the project area and across the Right of Way of the Project road. Most PAPS occupy land under this system. The Land Act of 1998 customized land ownership where by any lawfd occupant is entitled to fair and prompt compensation before land is acquired. The law accepts no forceful displacement. Overtime the customary tenure system has changed Mailo land holding along the fright of Way. Tenancy, rented land and leased form of ownership are common along the alignment. Land holdings in the Kampala District currently fall under the following categories:

Private Mailo, Statutory leases held by the Kampala City Council, Land under direct control of the Uganda Land Commission, Freehold and leases held by institutions. 100% of the land holding along the alignment is Mailo land.

3.3 Livelihood of Communities along the alignment:

3.3.1 Economic Activities and Standards of Living

Agriculture employs 84 % of the- manpower in Wakiso and Luweero districts, and accounts for 65% of the districts gross domestic product. In Kampala disfxict, agriculture is an activity of relatively less significance and the main sources of livelihood are employment and trading (80% of manpower). Small-scale industrial activities like metal fabrication motor repairing. Trading in domestic goods and food products is signrficant. Small-scale semi-formal activity is found in and around official markets and in formally licensed premises. Industrial establishments on -W&so and Luweero districts are confined to small-scale, agro-based mainly seasonal coffee processing. Trading is diffused but insufficiently organized in terms of wholesale facilities and distribution infrastructure. Albeit far fiom being developed in terms of monetary incomes, the economy of the region, however, is not aflected by acute poverty. The food balance is almost in equilibrium, thanks to subsistence-oriented farming and the wealth of livestock resources. Children, in general, do not appear to suffer fiom malnutrition or widespread diseases.

27-Mar-08 16 Phoenix Kampala-Gayaza-ZirobweRoad RAP

3.3.2 Agriculture

The mains cash crops are Coffee, Pineapple, maize, potatoes. Subsistence E~rmingis the main economic activity in the project area. In fact, despite its large contribution to the economy, agriculture largely remains of the subsistence type.

Farmers produce mainly to feed their families, though cash crop farming is well developed. Farming in the project area can be categorized in intensive banana- coffee lakeshore farming system. This system covers Kampala, Kawempe Division, north of Wakiso and south of Luweero districts. Much of the farming is based on the growing bananas and coffee. In addition to these two perennial crops, a number of annual crops are grown. They include maize, cassava, sweet potatoes, beans etc. Vegetable and fi-uits are also grown (tomatoes, cabbages, pineapples, mangos, passion fruits). The bananas and coffee are grown around the homesteads and sometimes they are inter-cropped. The presence of perennial crops along the project road has beneficial effects on soil conservation by providing cover throughout the year. Table F: shows the most recent statistics about agricultural output in Wakiso and Luweero districts.

Staple food crops - bananas (matoke), sweet potatoes, cassava, beans - represent almost 92% of the area's agricultural output, against just 8% for cash crops like coffee, even though bananas are largely produce for household consumption as well as for the market. The vicinity of Kampala district offers a ready market fclr all fann products. There is high demand of agricultural products because of the high human population to the extent that what is produced in the district is just a small fiaction of what is consumed.

Table F: Agricultural Production of Wakiso and Luweero districts

Source: Statisfical yearbook, 1999

3.3.3 Animal Resources

Since no rangeland lies in the project area, herding is non-existent along tlie project road. In Kampala District the number of cattle has shrunk due the crack down by the city authorities on fiee-range cattle keeping. Small herd of cattle (maximum 20 heads) have been observed along the project road. The cattle numbers kept under this

Phoenix Kampala-Gayaza-Zirobwe Road MP

system range mainly within 1-3 animals and are mainly milking cows. The animals are fed on crop residues, planted grass and commercially prepared feeds. Goats, sheep, pigs and chicken are few, save a big poultry farm located near Magigye with access off the Project road.

3.4 Present State of Services and Infrastructure

3.4.1 Fuel Supply

Most households in the project area use firewood or charcoal for cooking, and paraffm or electricity for lighting. Electricity is available along the project road from Kampala up to Busika and between Zirobwe, Bamunanika and Wobulenzi. There are ten petrol stations along the project road, mainly located (6 stations) on the paved stretch up to Gayaza; the remaining four are located in Namulonge, Busika and Zirobwe respectively.

3.4.2 Water Supply.

The main source of water is the open well or spring, others are, stream or river, protected wells or springs, and boreholes. Piped water, during the survey, was available only in some areas of Kawempe in Kampala urban. No water source along the Right of way is affected, however in vicinity there are 33 protected springs, 21 boreholes sitted and 15 shallow wells.

3.4.3 Public Health

Mulago hospital, the main hospital in Kampala, is located a short distance fiom the Kalenve roundabout, the project road zero point. Outside of the Kampala urban area, there are a total of 8 health facilities with 44 beds located within the road influence zone, plus 5 dispensaries and 3 health centres. Two health centres (at Kazinga - Zirobwe) and four dispensaries (at Kasangati, Narnulonge, Bugema and Vvumba) are located just beside the project road.

According to the 1997 Health Services Inventory, geographical access to health facilities in Wakiso and Luweero districts is limited to only 49% of households, and only 42.7% of the parishes, the smallest administrative unit, have some fom of health facilities.

Malaria, the leading cause of death in the Districts is most prevalent in the brick making areas and near wetlands because mosquitoes breed in water that collects in the clay pits, and in stagnant water in the wetlands. Personnel fiom health facilities along the Gayaza-Zirobwe- alignment also talk of cases of respiratory complications and suspected allergies due to dust fiom the road, especially in the dry season.

27-Mar-08 18 Phoenix Kampala-Gayaza-ZirobweRoad ml'

3.4.4 HIVIAIDS Control

Under the supervision and the coordination of the Uganda AIDS Commission, governmental institutions and over 1000 NGOs, religious groups and indivi(luals, are involved in the prevention, provision of care and support to people infected and affected with HIV/AIDS. There is a reported general decline in the HIV p1:evalence from about 30% in 1993 to about 10% by 1996. According to the 2000 HIVIAIDS.

Surveillance Report, data fiom HIV infection sentinel surveillance sites in Kampala, Wakiso and Luweero districts, continue to show declining trends in urban ,areas. In rural areas where trends in the past exhibited a mixed pattern of stabilization and decline, prevalence rates appear to be clearly declining (fiom 27.1%. in1993 to 12.3% in 1999).

In spite of the observed dent in the HIV/AIDS epidemic, the infection rates are still high in the whole Country. As for the year 1999, a cumulative total of 55.861 AIDS cases has been reported to surveillance unit of the AIDS Control Programme and at present the total number of people living with HIV/AIDS is estimated at 1.44 million. It is believed that every household in the project area has in some way been affected by the epidemic. The RAP will therefore provide for mitigation measures, including;

Information campaigns Creation of awareness of the risk of HIV/Aids and other STDs associated with mobile work force and its interaction with local people Provision of condoms

3.4.5 Schools

According to field surveys, more than 5000 pupils attend 23 Primay and 4 Secondary Schools located on either sides of the project road. The road serves also the Bugema University Campus and an agricultural campus of Makerere University at Kabanyoro and Namulonge.

Table G: Showing The Education Institutions along the alignment

1- 1 NO. 1 NAME OF SCHOOL ( NO. 0% NO. OF 1 PUPILS STAFF 1. Green Valley Primary School 346 12 2. Buranga S.S 241 1 3. Outspan Primary School 379 4. St. Kizito Nabitalo Primary School 564 5. Damali Nabagereka Primary School 804 6. Fresisca Primary School - Kiwenda 594 7. Rise ans Shine Primary School 127 8. Lukvamu Umea Priamrv School 34 1 15

27-Mar-08 19 Phoenix Kampala-Gayaza-Zirobwe Road RAP

806 16 ' 217 14 1 1. 1 Siira Memorial Primary School 567 20 -12. 1 Busiika Umea Primary School 599 16 13. 8 14. Busiika High School 156 13 15. Bugema Girls School 214 ( 14 16. Bugema Primary School 549 16 111 18. ' ~Hddoprimary school 376 13 19. Mpigi S.S.S 112 14

20. Bulami S.S 69-. 11- - -2 1. Ngalo Nkalu Primary School 256 12 22. P10 1 23. 1 Natyole Primary School 844 ( 13 1 Source: RAP Socio-Economic survey March-April ZOO2

3.5 Settlement Pattern Along the Road

The frst section of the road (14 km paved) traverses the high densely populated and commercially busy area of Kampala north in Kawempe division. From Km 0 (Kalenve round-about) to Km 4.7 (Mperenve junction) the roadside is exclusively occupied with an intense commercial activity carried out in market areas (Kalenve market), permanent shops, temporary stalls and tables and with a continuous presence.(day and night) of many pedestrians, bicycles and motor vehicles. Most buildings close to the road are used for commercial purposes such as shops, guesthouses, restaurants, kiosks, groceries and bars. Some buildings host community services, grain milling machines, garages and various workshops.

The section fiom Kampala to Mperenve is urban and semi-urban road and will not be affected by any displacement since the new road structure will closely follow the existing alignment.

From Mperenve junction to Gayaza Township, commercial activity along the road is less intense, but constant during daylight hours due to the presence of shops and light industries. An inventory of the households along the first section of the road yielded an average of about 120 houses for every kilometer of road, each side, ranging between 85 and 270 houses per kilometer.

From Gayaza to Zirobwe, the entire length of the road is rural with a relatively dense pobulation and houses concentrated in or around trading centres. Housing density of this section (gravel road) is about 24 houses per kilometer of road. Some areas are relatively unpopulated, but few stretches of the roadside are without any house.

Most of the houses are made with locally produced building materials: 75% are of burnt bricks for foundations and walls and cormgated iron sheets for roofing; 20% are made of raw bricks or mud-and-poles for walls, but just few with grass thatching for roofs. Village trading centres and small open-air markets are located at the major 27-Mar-08 20 Phoenix Kampala-Gayaza-ZirobweRoad --RAP

road junctions. School buildings and playgrounds are also found near the road, as well as places of worship. The present road does not cross wildlife areas, forest reserves or historical protected sites.

Table H: Major Settlements traversed by the Road

Kampala-Gayaza I 1 urban)Kawempe I Gayaza Namulonge Gayaza-Zirobwe Bugema Kiwenda Busika Vvumba 1 Zirobwe 1 Zirobwe 19,700 1

Source: District administration figures for year 2000:

More or less densely farmed fields or fallow spaces, where derived bush-type vegetation grows, line about 34 km of the 44 km length of the project road

Table I: Land use along the road

( 1. Built up area with subsistence farm plots 1 42.2 1 63.0 1 / 2. Small-scale farmland with mixed cropping 1 14.1 1 21.0 1 1 3. Large scale farmland 1 0.7 1 1.0 1 / 4. Tree plantation 1 0.4 1 0.5 1 1 6. Bushland, massland, fallow land 1 4.0 1 6.0 1 1 7. Woodland 3.3 1 5.0 1

- -- Source: Field Survey, March 2002

27-Mar-08 2 1 Phoenix Kampala-Gayaza-Zirobwe Road RAP

4 PROJECTIMPACTS

4.1 Minimisation of Resettlement Impacts

The Kampala - Gayaza - Zirobwe alignment upgrading follows the existing road corridor and optimises the separate demands of engineering design standards and social impact limitation. The horizontal alignment is consistent with the standards specified in the MOWHC Road Design Manual for the appropriate road class design speed, and at trading centres, in villages and through townships, the horizontal and vertical alignment design is typically determined to reduce cutlfill depths and reduce the degree of shift between the existing and design road centerlines, thereby limiting social impact effects in terms of resettlement and property access.

The design limits the level of social impacts and resettlement. The approach to resettlement and the Iinked issues of compensation for demolition of buildings and cutting of crops, as well as of land acquisition, is outlined below. It is an approach, which is consistent with the recent recommendations made by the World Bank on this issue during the workshops held in Kampala.

The main principles underlying the proposed approach to minimising the adverse effects of resettlement and crop compensation are:

Demolition of buildings is limited to the buildings encroaching on the road structure (refer below). All other existing buildings not encroaching within the road will be allowed to remain in place, and after gazetting of the road reserve the construction of new buildings will be prohibited.

Land acquisition is limited to areas where the proposed road structure deviates outside the declared existing road reserve. Acquisition will be to the full width of the road reserve to be gazetted.

The road structure is the carriageway, shoulders, side drains and embankment slopes of the upgraded road plus berms necessary for maintenance of the road.

Implementation of the project require: payment of compensation for crops on affected land within the existing road reserve along significant lengths of the project road;

27-Mar-08 22 Phoenix Kampala-Gayaza-Zirobwe Road RAP

In Gayaza, Bugema, and Zirobwe sections (where the biggest impact will olccur for demolition of houses) Resettlement can generally occur by setting-back existing occupations away from the road construction, or by relocating within the same I community. Resettlement will not necessarily require (except by choice of the PAP) relocation to another village or area. Resettlement of entire villages or large communities to new locations is not required by the Project. However, under Uganda Law there is a household resettlement option available for EPs, particularly vulnerable group households losing a dwelling unit, which can require resettlement of the entire household unit. The need to apply this ojption has not at this point been identified as applicable to resettlement for this Project. Such application will be accepted during the implementation stages of the RAP in case need arise.

4.3 Sites Affected by the Project

Essentially the Project involves widening the existing road structure over !he entire length of the project road and, at various locations, to either straighten or otherwise improve the horizontal alignment of the road, raise the road level over swamp areas and improve the road gradient by cutting (lowering) high points.

For most of the length of the project road, the road construction will be vvithin the corridor of the existing nominal road reserve, which is defined in the Roads Act of 1964 as being that area bounded by imaginary lines parallel to and not more than fifty feet (15 m) distant from the centreline of any road. On arable ground, the land within this road reservation, which is not occupied by the existing road, is typically cultivated and cropped. Road construction works will affect crops, but not necessarily to the full width of the road reserve.

At some locations where the upgraded road alignment departs from the existing alignment, the roadworks will extend outside the width of the existing road reserve. At these locations, land acquisition is required in addition to crop compensation.

The main impact of the Project construction works, in the context of this report, is the destruction of crops on land required for the construction. Of lesser scale, but of no less importance, is the demolition of structures( houses, shops, market stalls and other erections on land affected by the works). Over the length of the Project, 45 structures (shops and residences ),are so affected. The road upgrading design, which purposefully optimised engineering criteria and resettlement/social issues, limits the degree of demolition of permanent structures.

The construction works will include extraction of materials from borrow pits, and use of haul roads and roads for traffic diversion and control, and the occupation of land for construction camps, site offices, etc. The EIA study identified and quantified the resettlement, compensation and land acquisition impacts of the construction works. These are detailed in Table below: which is a schedule of the permanent buildings and erections affected by the construction works.

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The structures,and cropped fields which will be affected by the construction works and for which compensation and the amount to be warranted for the Project, are scheduled in Table J below. Structures: include shops, residences, pit latrines, stalls, etc. In most cases structures are of mixed use. In the approved evaluation repor by the Chief Government valuer, no distinction was made between the different types of structures.

Table J : Identification of Project Affected People

Asset Affected Type of Tenure Nature of Total Impact properties Sructures(inc1ude 45 Titled Removal U shs 279,756,159 shops, residences, pit (including disturbance latrines and stalls) allowance)

I 1 I I / Cropwed fields 1 Titled I Removal I U shs 34.356.680 .

4.4 Profile of Project Affected Persons

It will be the responsibility of the Consultant and RAFU to be established along the route, to identify the Project Affected Persons.

Primarily these will be people cropping land adjacent to the existing road. A considerable number of buildings is directly affected by the project works and the impact to the occupants of these buildings is significant. The rural townships of Gayaza, Bulami and Zirobwe are the most affected village where some buildings are to be demolished and families are to relocate else where in the community. A full list of affected person along the alignment is appended in the plan.

4.5 Cutting of economic valuable trees

The banana tree (matoke) and coffee are the most common tree, as they are staple food and income generating product for the local farmers. These crops will be compensated though temporary (perennial) ones will be removed before the project starts. The people will be told well in advance to remove them. .

4.6 Loss of agricultural production

During the road upgrading works, an estimated area of 3 hectares of cultivated land will be temporarily taken up for camp sites, borrow pits, quarries, service roads and detours. Adding this area with the cropped area expropriate for road realignments

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(4,32 ha), the total cropped area that will be destroyed by the road works will amount at about 7,32 hectares. The survey indicated that farmers grow a lot of perennial trees, mainly bananas and coffee intercropped with a large amount of other crops, like cassava and sweet potatoes. The total area for the total land to be acquired amounts to 44 ha. Including that of cropped area

4.7 Demolition of structures

The majority of structures within the road reserve will have to be demolished. There are 45 structures(i.e shops, residences, stalls etc ) built with different materials

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5 COMMUNITY PARTICIPATION AND CONSLTLTATION

5.1 Stakeholders Analysis

It is observed during the field studies that a great majority of the rural community in the project area have little influence on or do not effectively participate in development interventions, which concern them. Development interventions in the project area in the past have not adequately involved the target communities in plans, which affect their lives. The Resettlement Action Plan will involve the community in every stage of the resettlement activities.

Active participation by PAPS and PAGs will enable them to understand and appreciate the levels of development and to ascertain timely gains and control over forces that affect their livelihood. In the context of the resettlement activities along the project road, extending and redistribution of opportunities to PAPS is very important. Community meetings have been conducted to gauge people's feelings about the project preparation of RAP.

In preparation of the plan the following stakeholders have been and should continue to be consulted to consolidate community 1 stakeholder participation in compensation and resettlement activities:

Local Councils: The Local Council Officials (LC1 and LC 11) and the villagers have high expectations regarding project related opportunities and therefore accord it high priority. During the site visits, the LC officials mobilised villagers for consultations as well as establishing good cooperative arrangements. Their participation and input in the consultation process has been invaluable and will continue to be so during implementation of mitigation and monitoring resettlement activities.

The involvement of Local Council officials is important to the process of relocation and compensation. Established Grievance Committees for resettlement implementation will be instrumental in co-ordinating, mobilizing and sensitizing the PAPS about the project. Numerous meetings will be held with the LCs during the implementing the resettlement plan. The involvement of LCs will be instrumental in delivery of information to af5ected communities about RAP.

Private Sector, Civil Institutions and NGOs. As part of consultation process already undertaken, interested private sector institutions and NGOs have been provided an opportunity to participate in the resettlement planning process. Consultations have been held with World Vision, Plan International and other NGOs who have considerable experience in

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development interventions and are well placed to carry out the mitigation and monitoring of resettlement if invited to do so.

The involvement of Local Councils and NGO's is important. Stakeholders in these social structures will help in the identification of PAPs, in the registration process and in the mobilisation of PAPs to attend meetings. It is through these meetings that resettlement options can be identified and effected.

5.2 Consultation Strategy

A key strategy for the RAP implementation activities to be effective is for collaboration both in the vertical and horizontal levels between communities and Government representatives on the one hand and between Local Government Councilors and Government Ministries (Justice, MOWHC and Lands, Water and Natural Resources) on the other. Cross sectional linkages to enhance co-ordination, enabling a sharing of experiences, which will permit the RAP process to be consolidated.

To effect the Resettlement Action Plan, RAFU will form a Resettlement Implementation Team. The Team will work with the members of the local councils, various grievances Committees established at the grass root along ROW. Each Committee will include the LC1 chairperson, registered landlords of affected properties (or representatives), community elders and representatives of NGO's operating at community level.

The Resettlement Implementation Team @IT) will scrutinize land that will be affected by the project works and it is the function of the Grievance Committee with LCs to identify Affected Persons and represent their interests in determining an agreed compensation and resettlement solution.

5.3 Consolidation of Monitoring and Evaluation Systems with Stakeholders

Monitoring and purposeful evaluation will be key factors during the implementation successful resettlement activities. The work of the RIT, Grievance Committees and Local Councils will effect participatory representation, monitoring and evaluation within the affected communities, with indicators designed by the commimity and leaders of the affected communities. This will help to determine the effective level of progress. The justification for the collaboration is that all interested stalkeholders will attain a significant participation and thus ensure the success of the project.

5.4 Involvement of CBOs

A number of CBOs are currently working in the project corridor on integrated development activities. These institutions are community based and understand the communities they work among. They will be involved, along with Local Councilors in monitoring of RAP, assist the project affected persons in re-building their lives and above all to settle among the host communities.

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6 COMPENSATION SYSTEM

6.1 Inventory of impact of individual and communal properties

This entails a complete count and description of all property that will be acquired or lost as a result of relocation. The land inventory specifies the type of land (dry-land irrigated, perhaps soil type), its use (agricultural, types of crops, business) size and location, so that each can be correctly valued. The physical inventory lists each assets, including structures (homes, animal pens, store houses) and i~astructures (e.g. wells) and other assets e.g. .trees by type (fruit or timber) age and size, for valuation purposes.

The study team should pay special attention to the current values of assets and should value each assets individually. Eligibility criteria for the affected people/household must be established. The study should also take note of changes in price and value of assets between valuation and compensation.

6.2 Criteria and Strategy for Compensation for land, houses, crops and other property Criteria and eligibility for compensation

Affected persons irrespective of their status (whether they have formal title, legalizable rights, non-legalizable) are eligible for some kind of assistance if they occupied the land before the entitlement cut-off the entitlement cut-off refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, no new cases are entertained. The following categories will be eligible for compensation.

(vi) People who are indirectly affected by the project (vii) People whose houses/structures will be affected by land acquisition. (viii) People be removed or damaged due to land acquisition activities (ix) Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Uganda and World Bank policies. (x) Persons who encroach the area after the resettlement survey (census and valuation) are not eligible to compensation or any from of resettlement assistance.

6.3 Resettlement Options

In a review of procedures and policies (WE3 1994b), the World Bank acknowledged a link between displacing people and restoring their property without affecting their livelihood (Scudder & Coision 1982). It is therefore strongly recommended that in the resettlement process emphasis be placed on establishing new households in

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viable areas within their existing community and preferably within the vicinity of their original plots and neighborhood.

Although affected persons will be encouraged to pursue resettlement in line with the above recommendation, there are a number of options available to those who will have to be relocated This will call for further consultation with the affected persons during the implementation of the plan. The following options are based on conversations so far held with representatives of PAPS about compens~~tionand resettlement. Where affected housing structures are to be shifted, relocation will be within the same locality.

Experience from other resettlement schemes within the Districts, as well as general experience with resettlement, has shown that there is a danger that the cash will be spent quickly and the family will not be able to set up house in another placle without help. If families prefer this option, there should be an agreement on the pinchasing of land elsewhere and co-operation with District Authorities. In other words, there should not merely be a handing over of a lump sum. If consulted some PAF's could prefer cash for their land and others land for Land in vicinity.

. Renting land and further resettlement after the project is completedl: 2% of the affected persons preferred this option since the trouble of moving house twice had little appeal. Hence most of the land that is used during the construction period for temporary works (haul roads, borrow pits, diversion roads, etc.) !should be returned to farmers in the form compensation.

6.4 Notification

Formal notification of the affected people about the project will be done ias part of the ongoing community consultation. Several steps will be taken to make sure that the affected population is properly informed and these include:

Distribution of information and explanations to Locd and District Authorities in the form of an information leaflet, outlining the major characteristi~csof the project and a general schedule or at least a chronology of events.

Follow-up meetings will then be held with District Authorities and with local leaders, including the Local Councils and Communities, which have overdl responsibility for co-ordination.

Open meetings in which the project is presented to the general population This notification procedure sets the scene for the registration and detailed recording of assets.

6.5 Inventory and Registration of Affected Properties and Persons

The registration procedure for affected properties and persons will consist of formal notification to the affected people and the establishment of so-called "cut-of$" and

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the "actual" registration of the affected persons. Media accessible to the affected persons should be used to deliver the information.

The Consultant has prepared an inventory of the project affected persons, which is appended to the plan. This will be instrumental in concretizing the identification of the PAPS and ease the compensation process.

Since Local Council officials are part of Grievance Committees, they will be part of the registration and notification process and participate in resettlement implementation by representing the interests of the affected people. The local council ofticials will be facilitated to participate in the registration process. The verification of registered persons will include members of the LC for the respective villages, village elders, registered local property owners and landlords. The registration process is intended to involve the different parties in the different villages in the resettlement/compensation process to avoid .disputes or misunderstanding at a later date.

The registration form will include the following elements: Registration will cover all the homesteads in the Direct Impact Zone; Household information: means and details about each member, including economic activities and number of dependants outside the village Photographs of each homestead shall be taken by the RIT for the record and each household head will be given a copy of a registration form for listing all the assets affected. Relocation information about present situation and preferences List of fixed assets including buildings, permanent gardens, wells and other water sources. If any Identification of possible factors that would place a particular household under the category of "vulnerable" such as the number of dependants, single parent, female household head, lack of ample land or income, etc.

A complete form will be developed by the RIT and will be agreed to by RAFU in co- operation with other Government authorities and legal experts.

Registration will supplement the information in the socio-economic survey and the inventory compiled by the Consultant. Such data will be used to cross-check the claims and information at the time of registration since most, if not all, of the households in the Direct Impact Zone have been recorded. There is a risk that some of the people may be tired of being asked the same sort of questions, but it will be reiterated that the registration is absolutely necessary for a fair compensation and successful relocation of families.

Registration and the recording of assets will occur directly after notification of project affected persons in matters regarding the cut-off date and the general information meeting at the various villages in the Direct Impact Zone. One will use this meeting to explain why the registration is taking place.

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The cut-off date is the date of the property inventory and census which (i.e. September 2002). There were no completion of land documents at the time of the inventory. Consequently, local interviews were used in establishing of the land to be compensated. This was done in close consultation with Land owners and the District land board offrcials.

Following the approval of the Chief Government Valuer the affected peoples will be informed immediately in order to avoid speculations on land. This can be done as part of the formal notification. The principle is that all people who are resident on the land on that day will be entitled to resettlement and compensation. The registration and record of assets will be conducted immediately after notification.

Any family who relocates on this land after this date is NOT entitled to any compensation. It will be the responsibility of the Local Authorities to inform any groups that arrive in the interim period of these terms. At the time sf project implementation, these peoples will only be given notification and no assistance will be provided.

6.6 Compensation Rates

Kampala, Wakiso and Luweero District Land Boards have established compensation rates to be applied in their respective districts for involuntary resettlement. Compensation rates of Kampala District are 50-100% higher than Wakiso rates for crops and trees. Kampala District presents higher rates per hectare of cropped land, while for buildings both districts have more or less the same rates. Updated compensation rates for Luweero District were not available at the time of the survey.

Current market prices for crops and trees more commons in the study area c(potatoes, cassava, banana and coffee trees), are much higher than compensation rates established by the Land Boards. The construction cost of a typical rural home is also much higher than Land Boards compensation rates for the same structure.

The rates utilized in this report for the calculation of compensation costs for the different items reflect the market prices applied in the project area during the survey.

6.7 Grievance Procedure and Redress.

Conflict resolution and grievances System

It is envisaged that a number of issues (grievances) will come up as a result of land acquisition by the project. A system must be put in place to settle these issues

amicably through recognised institutions such as local councils, land boards and land tribunals to the satisfaction of involved parties.

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Although affect people will be given an opportunity to review the survey results and compensation policies during the process of resettlement planning and implementation, a number of issues will arise up among the settlers. If a person is not satisfied with the compensation or rehabilitation measure given, he could raise his complaint through the mechanism that will have been put in place.

In order to address the above concerns, RAFU is to ensure setting up of small field ofices by the supervising consultants and channel them to both RAFU and the relevant authorities. The grievances will be heard by RAFU, local Council chair person, Sociologist and Valuer as ex official of the committee to hear the grievances within the affected area. If the person complaining does not agree with the decision of the Councils he /she could appeal to the District Land Tribunal. If he/she still does not agree to the decision, he could go to court as a last option.

With projects of this size there will be inevitably misunderstandings, complaints and conflicts of interest. A grievance procedure redress will be established with the main objective being to provide a mechanism to mediate conflict between the project authority (RAFU) and entitled persons to cut down on lengthy litigation. The basic aim is to prevent delay in implementation of the project. It will also provide opportunity to a person who has objections or concerns about their assistance, which are unresolved by Grievance Committees at local village level thus, a process to raise their objections and have their concerns heard and addressed adequately.

Grievance Committees composed of Stakeholders at Local Council levels have been formed to deal with issues that the RIT cannot resolve. The aim of the Grievance Committees is to avoid unnecessary delays in courts or administration and to foster decisions quickly and efficiently for the benefit of all parties involved. The Resettlement Implementation Team at the on set of resettlement activities will internalize the composition of the Grievances and work hand in hand with the Grievance Committees for redress.

Membership of the Grievance Committees at the local village level include: Local Council Chairperson (LC 1) RAFU CAO or Representative Sociologist (optional) Property Valuer (consultant) District Land Officer For grievance redress, the entitled persons can submit their written complaints to their Grievance Committees for onward submission to RIT.

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6.8 Flexibility and Contingency Management

RIT will identify the risks and benefits associated with each option of entitlement policy. Contingency plans and a flexible programme of implementation will ensure that EPs are not disadvantaged by the project by unforeseen circumstances. The contingency plan and any other addition/alteration/modification to the resettlement plan for the project will need to be endorsed by the RIT to be effective. No downward revision of entitlements shall take place.

6.9 Market Value Assessment

Compensation will be full replacement value, however it has been necessary to carry out an adequate assessment of market value at all locations during the property valuation. This established whether the compensation award under fhe Land Acquisition Act is fair and close to the market value, allowing the PAP to replace their property, units and assets. If the market value assessment establishes that the full replacement compensation is not the true market value for full replacement, then a level of assistance will need to be given to allow PAPS to replace their property, units and assets fairly.

The Valuer has assessed property value at full replacement value as recommended by the law of Uganda.

Market value of assets, so determined, will be compared with compensation and its various components. A decision will be made how much assistance is needed to increase the compensation to provide a fair entitlement package that will allow the EPs to replace his land, structures and other assets. In the process of making value assessment the Resettlement Implementation Team groups formed for 'the resettlement implementation will consult with the EPs, and explain to them the basis for arriving at a particular value.

6.10 Right to Salvage Materials

All EPs may salvage materials or other items from their land before the dem,olition of the structures takes place, if any, including trees. EPs will be given at least a 6- month notice to move and before the scheduled start of the civil works .The six month period will start after fair compensation of the project affected person .The stipulated period will enable the affected household to relocate before the project starts.

6.11 Moving Arrangements

PAPS will receive notice that they must relocate at least 6 months prior to the date they must move. Along with details of their entitlements, the process for receiving compensation and assistance will be explained by the Resettlement Impleimentation team.

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I 7 IMPLEMENTATION OF RESETTLEMENTICOMPENSATION PLAN

7.1 Resettlement impacts and Mitigation measures

Road projects change patterns of use of land, water, and other natural resources and cause a range of resettlement impacts. Resettlement losses most often arise because of land acquisition, through expropriation and the use of regulatory measures, social networks, and social services can be disrupted. Productive assets, including land, income sources, and livelihoods can be lost. Cultural identity and potential for mutual help may be diminished. Loss of resources for subsistence and income may lead to exploitation of fkagile people affected has no option, and must try to rebuild their lives, incomes and assets base elsewhere.

To ensure that some people are not disadvantaged in the process of development, it is important to avoid or minimize resettlement effects. If resettlement is unavoidable, RAFU will help restore the quality of life and livelihoods of those affected. There may also be opportunities to improve the quality of life, particularly for vulnerable groups. All kinds of resettlement losses need mitigative measures, as set out in Table K. An integrated approach to impact management is preferred.

7.2 Major types of resettlement impacts and mitigation measures required The resettlement impacts identified will be in form of compensation packages (entitlements) which is based on structures (shops, residences, etc), crops and loss of other assets. The mitigation measures for each impact is provided in the summary table K

Summary Tab1e:K Type of Impact Mitigation Measures

I LOSS-of productive assets, Compensation at repIacement rates, or replacement, for lost including land, income and incomes and livelihoods. Income substitution during re- livelihood establishment plus income restoration measures in the case of lost livelihoods.

Loss of housing, possibly Compensation for lost housing and associated assets at entire community structures, replacement rates; relocation options including relocation systems and services site development if required; plus measures to restore living standards.

Loss of other assets Compensation at replacement rates or replacement

Loss of community Replacement if possible, or compensation at replacement resources, habitat, cultural rates; restoration measures. sites and goods.

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7.3 Provision of Infrastructure and services

The object of resettlement is that a community is replicated on a socially and economically viable basis. Therefore, community infrastructure must be replaced and ideally improved in situations where it was deficient. This includes installation of sanitary and waste product facilities and electricity generation systems. Road links should also be established.

The provision of water is key as without adequate supplies of water the community is not viable. This is particularly important when new lands are being settled, without a previous history of settlement. The availability of water should be assessed before people are relocated to a new site. Services such as education (prirnary and secondary schools and health facilities (dispensaries and clinics) should also be established in the new communities at the time people are settled. In cases where PAPS are actually resettled, infrastructure should be provided for in the plan.

7.4 Individual houses

Buildings are ofticially categorised for valuation purposes as "temporary" (i.e. built with mud and wattle and grass) "semi-permanent" with mud and wattle ,walls and corrugated iron roofs and "permanent" (brick or concrete walls) In accordance with the recent GOU policy decisions, compensation is payable on replacement basis. The affected people are entitled to compensation through negotiation. They should be provided with full replacement cost for the lost structures. If people choose to build their own houses, they should receive compensation equivalent to the cost of materials plus labour, hired or their own. However, it is not recommended that people build their own houses, unless they insist on doing so.

7.5 Drinking water system

In the event that access to drinking water suppliers is affected temporarily or permanent, RAFU (the developer) is committed to providing access to alternative sources. Facilities can be provided either form boreholes or pumped supplies from a river, lake or wherever necessary. Consultations should be held with the relevant authorities over the most appropriate form of provision.

7.6 Environmental Management

Road development projects are bound to have their own environmental. impacts, which were identified during planning. The resettlement was subject to an environmental impact assessment. The environmental management arrangements include:

i) clear identification of key stakeholders ii) definition of roles and responsibilities iii) provision of resources for implementation

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7.7 Payment procedures of compensation certificate

Signatories to the compensation certificate will include, the recipient, Local Council representatives, member of the Parish Land Committee and a RAFU representative. Compensation of amount more than Ushs 100,000/= will be made by cheque. Payment below Ushs 100000/=may be made in cash. On payment a receipt (based on a standard form) will be signed upon by the same parties as above. Peasant communities are often unable to properly manage large sums of money following compensation. Where applicable, the RAP should provide for training and assisting these communities to manage money, including facilitating them to open and manage bank accounts. Such training is under the responsibility of RAFU.

7.8 Entitlement Framework

Construction activities of the Project road will result in the displacement of considerable number of people other impacts will include acquisition of land and loss of property and the destruction of crops along the alignment. The effects will be measured in terms of the number of properties lost, size of property, the type of property (residential, business or commercial) and ownership of such property for displaced affected persons (PAPs). The Resettlement Action Plan for the proposed road project describes and enumerates the extent of negative impacts likely to be imposed on the people and their property because of construction.

The Plan presents the extent of the entitlement framework that will be adopted to minimise the impact and compensate for losses that will be experienced by the Project Affected Persons (PAPs). These entitlements are to cover the loss of land, structures and other assets, such as crops, houses, land, and stalls. The PAPs in this respect are entitled to a disturbance allowance (Town Planning Act 1964) and counseling on alternative assistance.

Under the Land Acquisition Act (1965) compensation for property structures and other assets such as crops that will be lost to the project are of important as far as compensation and relocation of communities is concerned. The Land Act (1998) requires compensation to be at market value. The Valuer has applied market value assessment for property for affected. Assessment to determine whether additional assistance is necessary to reach the real market value be put into account by the Chief Government Valuer.

Compensation to the project affected persons (PAPs) will adequately address the losses based upon the entitlements approved by the Government of Uganda in application of the provisions of the Land Act (1998) and the Town and Country Planning Act of (1964) respectively. The entitlement framework therefore will comprehensively address all of the resettlement issues that are predicted for the Project.

The framework will conform to the legal framework of Uganda Law. In particular it will accommodate the provisions of the followings Acts and Statutes:

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The Town and Country Planning Act (1964) The National Environment Management Statute (1 995) The Land Act (1998) The Decentralisation Act (1 997).

7.9 Resettlement and Compensation

Two of the most important aspects of the Resettlement Action Plan will be resettlement of affected persons and compensation to entitled persons for loss of land and crops, either temporary or permanent.

It is essential that compensation and resettlement will be handled promptly 2nd fairly since many will judge the success of other mitigation measures by how these two issues are handled.

The resettlement and compensation measures aim to provide the populaltion with improvement to the existing situation, not merely a re-establishment of' existing levels that reflect a very low standard of living (NTEC 1988). This is necessary if affected persons are to be in a position to realise the overall benefits of the Project. Compensation and resettlement in respect to the project road will concern individual households and owners of fields, which are located in the Direct Impact ZonelCorridor.

7.10 Host Population

The affected communities will be encouraged to resettle within their existing community and the shortest distance from their present abodes in order to preserve social cohesion and minimise the trauma of relocation. If necessary, measures will be taken to ensure that host populations are not disadvantaged and that resources and land are ample for both parties.

Discussions have already been held with the Local Councils to ascertain! possible relocation sites and available land, which has to be verified, by the Rl[T before relocations are effected. Compensating host populations for the temporary or even permanent loss of some lands will be necessary.

7.11 Infrastructure and Social Improvement

In selection of design options for the road upgrading, the existing social and commercial entity of communities along the corridor was taken into account. For instance, at Bulami and Janda, options to bypass these communities were rejected because such options would severely affect the communities from their principle trading market and thus adversely affect the fabric and integrity of the village commercial and social environment.

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Because such decisions have been made in the feasibility design process, the project works are not expected to adversely affect the existing infrastructure and social systems within communities along the project route. Over the length of the project, relatively few people are affected by the works and require relocation, but nevertheless, compensation must be set so that affected persons are not disadvantaged compared to others and can accrue the benefits realised by the road upgraded However the contractor will take action in the replacement of power lines and water pipes in all impacted areas. This will be done in close consultation with the line departments concerned most importantly the Uganda Electricity Distribution Company and the National Water and Sewerage Corporation.

7.12 Participation of Chief Government Valuer in the Resettlement Activity

The Chief Government Valuer is responsible for approving and determining the value of property and land and the level of compensation for all the affected persons along the route.

7.13 Payment Procedure and Transparency

There will be a well-coordinated paymedcompensation procedure for all the affected persons along the alignment.

The professional Valuer has conducted property valuation and the Chief Government Valuer's Office has been instrumental in follow-up of the exercise. The Chief Government Valuer's office will co-ordinate with the Resettlement Implementation team (RIT) and the Grievance Committees at the affected locations, established along the route for the purpose of resettlement implementation.

The RIT will identify the properties affected and the LCs will assist in identifying the bonafiifellawfil property owners to be compensated. If a household asset is to be taken, compensation should be given to the legal titleholder but if compensation is in form of a parcel of land or a structure, the registration will be in names of the titleholder, hisher spouse or children. Compensation will be conducted within the legal framework of Uganda Law.

The list of EPs shall be displayed, as a minimum, in areas accessible for all the EPs and other PAPS. These public places should preferably be LC Offices. The entitlement framework for the replacement value will be communicated to all EPs and will be explained to the EPs and others in village meetings organised by the RIT and Local Councils. Disbursement of all payments due to the EPs is to be made in public meetings only. A quarterly report on implementation of the RAP, which may be delineated as per District boundary and which must contain details of "assistance" compensation will be similarly displayed.

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A quarterly report on the grievance procedure and the final award in all cases of grievances will also be displayed in the same public places (specifically mentioning the same name of the EP and the difference in awards before and after the grievance hearing). All decisions regarding individual/group/community entitlements and the contents of all decision shall be made public.

Payment of compensation and assistance will take place during public meetings with all the other EPs of the area included, and will be witnessed by the Crrievance Committees formed for the resettlement implementation and the LCs relevant to particular sections of the Project. RAFU representatives may be present.

Grievance centers for registration of grievances will be established at Sub-county offices at Kira, Nangambo, Busukuma, Kalagala and Zirobwe.

7.14 Implementation Responsibilities and Procedure

RAFU are responsible for implementation of the RAP as part of the roadl upgrade project. Through the project, the GoU will technically and financially assist PAPs with a rebuilding of their lives, livelihoods and social and economic networks. The RAP is a development package, not simply a welfare solution. It will e,ncourage PAPs to help themselves, by enabling them to actively participate in the se:lection of an appropriate compensation and assistance options.

RAFUYsfunction will be to implement and monitor the RAP and its a~ssociated activities. This will be accomplished by RAFU establishing a Re~~ettlement Implementation Team WIT) whose functions are to include:

Implementation of the resettlement action plan along the route; Organisation of meetings with Grievance Committee Members, Local Councils Officials when necessary to effect the resettlement action plan.

The principle members of the RIT are:

Property Valuer (Consultant) to explain property valuation and compensation issues District Land officer of a particular District on matters relating to land ownership and management. RAFU that will explain some of the technical components to PAPis and the Grievance Committees members. CAO or representative of CAO who is an administrator of the District Local Chairperson of relevant Village A Sociologist (optional) with responsibility to establish to the work of LCs, Grievance Committee members for PAP representation, survey baseline information, organise meetings with the LCs and Community, PAPs and local

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leaders, promote and report resettlement progress including identification of social developments during implementation and potential grievances;

The RIT with the help of the local leaders in each village will identify affected persons and occupiers of affected land, and they will prepare a registry of affected persons and properties. The Grievance Committees represent the interests of the PAPs in the resettlement activities. The Land Acquisition Act 1965 and Land Act of

1998, and Constitution of Uganda will form the legal basis of implementation of the Resettlement Action Plan.

To attach actual values- to key indicators of the PAPs social and economic status and their vulnerability to social and economic changes as a result of the project; and To provide a benchmark for further information needed to monitor and evaluate EPs in the future.

7.15 Time Schedule for Implementation of the RAP

The schedule below (Table L) expects that all Project Affected Persons will be compensated and relocate themselves elsewhere. Resettlement, and in most cases compensation, should occur in the pre-construction phase to avoid both delays in the project construction and stress to the PAPs. In general, all affected persons should be given not less than six months to relocate themselves. Farming households will be allowed, and given time to harvest all crops.

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I I (Compensation ( I I within 2 months Community meetings, fiom no cation notification and date and issuance RIT and compensation and also of the quit notice June- 2003 Repre;sentati time for the affected after the ves of'CGV. persons to construct new compensation has houses for themselves. been finalized)

1 After 1 I I compensation; 2003 RAFU/RIT Quit notice to PAPs PAPs to be given 1 I 1 6 months to quit Two Months at As required but a the beginning specifiedtifi period of Grievance of the Two months will committees Grievance hearings implementation be allocated for & CGiV of the plan task. Conducted at all 2003 -2006 RIT Monitoring and evaluation levels Bi-monthly, until RIT Reporting the end of the 2003 - 2006 activity

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7.16 Budget Costs for RAP Implementation

The table M below shows figures that have been verified and approved by the Chief Government Valuer for the actual budget cost of the Resettlement Action Plan implementation for the project. A budget for the total costs for compensation and resettlement assistance paid by the project plus a 15% contingency as disturbance allowance, and the cost of implementation, has to be effected.

Table M: Summary Budget for Resettlement.

Activity/Property I Amount (Ushs) I Agency I Remarks Responsible Compensation for 58,269,639 Government of Mailo, land Uganda through JFeehold, the Resettlement leasehold and Implementation customary

Structures (Temporary, Uganda through semi- the RIT permanent and permanent) and other infrastructure) Crops and Trees 34,356,680 Government of Zhese crops Uganda through include cofSee the RIT and banana (matooke) Disturbance 3 72,373,478 Government of This is the allowance (Total Uganda through value of all 15% disturbance) the RIT items before 15% disturbance 15% Disturbance Government of 1 The statutory Uganda through 15% the RIT disturbance based on six (6(months quit notice. Total 1 428,229,500

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C8 MONITORING AND EVALUATION SYSTEM

8.1 Monitoring Mitigation Measures

The objectives for monitoring the RAP activities of the project are to provide RAFU with an effective tool for assessing resettlement progress, identifying potential difficulties and problem areas, and providing an early warning system for areas, which may need correcting. Some of the risks associated with resettlement include impoverishment, and dependency; break down of community norms and mutual support systems. Monitoring can be carried out specialised groups who will report to the RIT.

Ongoing evaluation will address complex social, cultural and economi.~issues. Monitoring will assess in particular the situation of the vulnerable gjoups in particular such as small and marginal landholders, unskilled laborers,, mobile vendors, tribal populations, ethnic minorities, women, children, and the ellderlyand disabled persons.

Baseline survey data is necessary to provide the benchmark for measuring and evaluating the success of the RAP. There is one reason for the completion of the socio-economic surveys by the RIT prior to resettlement implementation.

Monitoring will cover the physical progress of the resettlement site including preparation of land, construction of houses, construction of facilities, provision of infrastructure and other necessities. The monitoring should also cover the 1:elocation of people and their goods to the new sites as well as the allocation of replacement assets. Quarterly reports will be made to RAFU by the RIT

8.2 Indicators for Monitoring

Developing an early warning system to alert managers of the RAP to any potential problems of the PAPs is essential. Selecting some sensitive indicators and monitoring them over time can accomplish this. Two such indicators are the number of productive assets owned and the educational status of children. For example PAPs maybe having difficulty if they are selling assets such as livestock, farm equipment and vehicles to satisfy basic needs. Progress can be measured when PAPs purchase such things.

Monitoring and reporting of the Resettlement programme- will be effective and regular. Better monitoring and supervisory mechanism in the project will keep seemingly minor problems ffom growing into major ones. The implementation agency MOWHCWU will hmtime to time monitor the plan and local councils and members of the grievance committees will complement its effort.

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The table below shows indicators to be monitored: Table N Social Services in Improvement of the social amenities in the Project impacted the Impacted areas: corridor. Status of the new availed Replaced social services. Availability of power, water, Educational facilities, health units to the relocates and the host Communities. Means of Restored means of livelihood of the affected Population. livelihood: Sufficiency of food among the impacted communities. Improvement in means of production to needs of communities impacted by the project. Improvement among the.vulnerable groups to met the daily necessities of life. Increase in the crop yield among the affected communities.

Income Generation Activities: communities. Increase in demand and supply of good services during -~ -~ Resettlement activities. I Availability of Education provisions to the relocated children. Accessibility of the impacted population to education and skill training. Compensation Effectiveness of the compensation process. Issues and budget: Constraints in respect to compensation. Conditions of the-compensated persons. Standard of living of Project affected Persons. Grievances in respect to grievance system. Role of the community based Organisation in the resettlement Number of old structures demolished in period and in total Funds disbursed in timely manner

Community Participation of the Project affected Persons in RAP Participation Participation of the local Leaders in all RAP Effectiveness of the Grievance system. 1 sensitization in 1 Effectiveness of the community meetings in RAP 1 RAP: Effectiveness of the locaI communities in identification Community health and Environment: Nature of the environment the project impacted persons live in. Availability of health services to communities. Availability of water and sanitation facilities among the impacted communities.

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8.3 Reporting Arrangements

The RIT will be responsible for monitoring the project. A performance standard will need to be developed to monitor the project at both the District and project level. Quarterly reports will be received from those in the Districts and fed to the RAFU who will be responsible for the project level monitoring.

Monitoring and evaluation will continue for two years after the relocation, but at less frequent intervals, for example annually. The benchmarks during the socio- economic surveys of the PAPS will be compared to evaluate changes in the socio- economic conditions of the PAPs.

An independent Consultant with experience in resettlement activities could be engaged to carry out the evaluation of the implementation of the resettlement and rehabilitation of the PAPs. Deficiencies in the resettlement implementation shall be assessed and changes to procedures on future projects shall be recommended to ensure the problems do not occur.

8.4 Programme for Monitoring and Evaluation

Having identified and determined the situation on the ground and based on the reactions of the consulted key stakeholders in the project corridor, the ibllowing approaches proposed to be used during the monitoring and evaluation of resettlement and compensation activities of all the entitled persons along the route.

8.4.1 Periodic Reporting

This is to be effected from the management level (RAFU) to co-ordination in the field (RIT). Arrangements will be made regarding the reporting system ts be used. The responsible personnel should make all the reporting. The RIT Manager should be responsible for the field reporting exercise. RAFU then should be responsible for submission of the reports to World Bank and Government Authorities. The reporting should be made bi-monthly.

8.4.2 Review of Field Activities

Periodical field activity reviews will be undertaken. These reviews should be done at field (RIT) and management (RAFU) levels of the programme. The field activity reviews will report the outcomes of meetings, field visits with the local Councils, and meetings/discussions with project affected persons, families and groups. RAFU and field staff should decide upon the frequency of such meetings.

8.4.3 Field Visits

The RAFU Officer-in-Charge of the programme, with the field staff, will %om time to time visit the field to assess the situation on the ground and confirm progress of the resettlement activity along the route. Analysis of the information gathered fiom

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such visits could be helpful in finding in finding solutions to potential problems during the resettlement exercise.

8.5 Resettlement Implementation and End of Programme Evaluation

Resettlement implementation evaluation will be conducted to ensure that checks and balances are effected for the successful implementation of the project. Mid-term and end-of-activity evaluation will be conducted.

End of resettlement activity evaluation will be conducted towards the final stages of the activity. This activity will attract team members fiom line Government Ministries, the World Bank, MU,NGOs and CBOs, and local leaders in the direct impact project zones.

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APPENDIX Kampala-Gayaza-Bugema-ZirobweRoad RAP

APPENDIX

List of Participants in Community Consultations

Phoenir Kampala-Gayaza-Zirobwe Road RAP

APPENDIX LIST OF PARTICIPARTS IN COMMUNITY CONSULTATIONS I NAME DESIGNATION IN COMMUNITY Gyagenda J. Chairman - Lubanyi LC I Kalema L. Vice Chairman - Lubanyi LC I Katuma Isma Secretary - Lubanyi LC I Bukenya D. Defence Secretary - Lubanyi LC I Nakalema R. Treasurer - Lubanyi LC I Galiwango H. Production Secretary - Lubanyi LC I Semambo P. Information Secretary - Lubanyi LC I Mwesigwa Youth Secretary - Lubanyi LC I Ratifa Secretary for disabled - Lubanyi LC I Nakiyimba M. Women Secretary - Lubanyi LC I Kizito Ssematimba Chairman - Busiika LC I Nakachwa Janat Vice Chairperson - Busiika LC I Kinene Badru Secretary - Busiika LC I Sendege Simon Richard Defence Secretary - Busiika LC I Nansikombi Dezi Treasurer - Busiika LC I Mrs. Nsereko Production & Environment Secretary Kalyowa Dirisa Information Secretary - Busiika LC I Nansubuga Masitula Women Secretary - Busiika LC I Mubiru Youth Secretary - Busiika LC I Mutyebere Peter Secretary for disabled - Busiika LC I Makona Umaru Chairperson - Zirobwe Central LC I Nalongo Zansanze M. Vice Chairperson - Zirobwe Central LC I Kasumba A Secretary - Zirobwe Central LC I Sowedi Kakurni Defence Secretary - Zirobwe Central LC I Sseguya Joyce Production Secretary - Zirobwe Central LC I Ssetuba Kayiwa Information Secretary - Zirobwe Central LC I Najjemba Khadigya Treasurer - Zirobwe Central LC I Rugyabu Tamusuza Youth Secretary - Zirobwe Central LC I Lwasa Stewart Chairman - Bulami LC I1 Kyakulidde God Chairman - Bulami Kabulanaka LC I Bukinva Christina Vice Chairperson - Bulami Kabulanaka LC I Bonny Muhenga Secretary - Bulami Kabulanaka LC I Weyawula Joseph Secretary Defence - Bulami Kabulanaka LC I Kamau Fred Secretary Youth - Bulami Kabulanaka LC I M K Joyce Ssenabulya Secretary Women - Bulami Kabulanaka LC I Sseguya Annet Secretary Environment - Bulami Kabulanaka LC I Kato Martine Mass Mobiliser - Bulami Kabulanaka LC I Treasurer - Bulami Kabulanaka LC I Bayego Joseph Land Lord - Bulami Kabulanaka LC I Wafula Chairman - Nalyamagonja LC I Kin* Chairman - Kabanyolo Village LC I Kaaya Chairman - Kabanyolo Maurik LC I Salongo Ntege Muwanga Chairman - Gayaza 'B' LC I Musoke Chairman - Gayaza 'A' LC I Nhooge Issa Chairman - Nangabo Subcounty

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