Project: Tourism Infrastructure and Connectivity Improvement Project (Kabale-Lake Bunyonyi/Kisoro-Mgahinga Roads Upgrading)

Home , Kabale, Katuna, Kisoro

PROJECT: TOURISM INFRASTRUCTURE AND CONNECTIVITY IMPROVEMENT PROJECT (KABALE-LAKE BUNYONYI/KISORO-MGAHINGA ROADS UPGRADING)

COUNTRIES: UGANDA

ESIA AND RAP SUMMARY FOR THE PROPOSED KABALE – BUNYONYI, KISORO – MGAHINGA ROAD PROJECT

Date: July, 2019

ESIA SUMMARY

1. INTRODUCTION 1.1. The Uganda National Roads Authority (UNRA) is proposing to upgrade a select number of national roads from gravel to paved standard to facilitate mobility, trade and tourism within southwestern Uganda. The select national roads have the following characteristics: • LOT 5a: Kabale-Lake Bunyonyi(7.8km), including Bunyonyi- Kabeho link (7.3km) • LOT 5b: Kisoro-Mgahinga (13km), including Nyarusiza - Muhavura gate (5km) 1.2. Uganda is endowed with various attractions including diverse nature based, faith based, culture and heritage and eco-tourism attractions. The main tourist potential is nature-based tourism where there is variety of flora and fauna and beautiful sceneries. The main tourism products include: gorilla tracking, bird watching, eco-tourism, water sport, mountain climbing, gorilla and chimpanzee tracking, nature guided walks, community walks, visual arts and white water rafting. Uganda has 50% of world’s mountain gorillas and 7% of mammal species. This presents the country with numerous tourism opportunities to stimulate economic growth and earning significant revenues from strengthening primary, secondary and tertiary tourism industries. 1.3. The tourism industry is expected therefore to play a major role in the economy and a major contributor to Gross Domestic Product (GDP) by 2040. It will provide enormous employment opportunities directly and in related service industries and earn USD 12bn by 2040. In addition to the direct benefits, the industry will spur the growth of the associated secondary and tertiary industries. The tourism support infrastructures and services will be improved to effectively facilitate the tourism industry. This will include transport networks and connectivity by improving and expanding land and air transport infrastructures. In addition, the multilane standard paved roads and modern water transport system forming a tourism circuit will be developed.

2. PROJECT DESCRIPTION AND JUSTIFICATION 2.1. The project has been defined within the context of “tourist roads” that link the main district towns to natural attractions, passing through sensitive natural environments. The roads are adjacent to the national tourist circuit that the government of Uganda is planning to develop. Kabale is part of the “Touristic Ring Road” network that aims to connect all the main National Parks and touristic attractions in a round circuit in order to facilitate the movements. 2.2. The “Ring Road” is part of the Uganda Vision 2040 and it is not currently finalized. The project roads are an appendix of the touristic ring road: the Lot 5A departs from this main road network to link Kabale town to the Lake Bunyonyi, while the Lot 5B connects Kisoro, to the entrance of the Gorilla National Park. The roads must be considered as “spines” of a touristic circuit, connecting the main network to the biggest touristic destinations in the region. 2.3. The target included in the Vision is to increase the attractiveness of the tourist spots to allow more tourists to reach them. To allow this, the connections should be safe and fast, and this is achievable only by wide and paved roads. The scope of the upgrade is to encourage tourists to include Lake Bunyonyi and Mgahinga National Park in their itinerary. 2.4. The Kabale-Bunyonyi Section: The road is located in Kabale district, and connects Kabale Municipality and Kitumba sub-county to Lake Bunyonyi. It starts from Kabale Municipality, off the main Kabale-Kisoro road and traverses the parishes of Mwendo, Bookora, Bushuro and Bugo. The total length of the road is 7.8 km and reaches the Lake via the village of Kachwekano. It is a mountainous area with an elevation difference of approximately 250m from the Beginning of Project to the highest point which is at 4+800.

Figure 1: An Image Representation of Spatial Characteristics on Kabale – Bunyonyi Road

2.4.1. The existing road is gravel with an average width of 6.5m. From ch 0+000 to 1+100, the road traverses peri-urban areas with intersections of local roads and accesses to properties on both sides. Average distance between the physical boundaries of the properties is approximately 23 meters. From 1+100 to 2+000 the road enters a more rural setting. The stretch from 2+000 to 3+000 is characterized by a series of informal quarries and borrows areas on both sides of the road. The soil in this area is quartzite and sandstone. The road bends frequently left and right with wide radius. From 3+000 to 4+900 the road starts climbing reaching the highest point at the top of the mountain, where a 5-way junction hosts the small Kachwekano trading centre. This stretch is characterized by 2 sharp curves. There are no safety barriers on the external side. Some locations offer scenic views on the surrounding valley. 2.4.2. With the exception of the junction at Kachwekano, there are no other main junctions along the road. In Kachwekano, two roads depart to connect villages on the top of the mountain and they finally reach respectively Kabale-Katuna road, near the Rwanda border, and Kisoro-Kabale road, near the village of Muko.From station 4+900 to 6+700 the road starts going down to the level of the lake with an elevation difference of around 110m. It keeps a constant average gradient of 6%. In this stretch, two curves of 80m and 50m radius are at a quick sequence in a narrow corridor between big trees and steep cuts.At Ch. 5+920 the road bends in a sharp curve that can be considered a hairpin of a radius of about 20m. From Ch. 6+700 the road follows the coast of the lake and the longitudinal gradient is rolling. The area is characterized by wetlands which can be a challenge at Ch. 6+900 where a curve of 20m radius borders a swampy area. In this last stretch, the right of way becomes narrow and several touristic structures and resorts can be found along the road on both sides. At Ch. 7+230 the road bifurcates in correspondence of the entrance of the trade centre and it forms a loop around a small hill and running along the shoreline of the lake.

2.4.3. The village is characterized by commercial activities, a small market that operates twice a week and a boat landing site. The available space is constrained by the buildings, the hill and the coast of the lake. There are fixed wooden docks where small boats berth to load and unload goods and passengers. 2.5. Lake Bunyonyi – Bufuka-Kabeho (7.3km): This section of the road commences at the lake Bunyonyi loop road, and traverses along the beautiful lakeshores through the towns of Bufuka and Kabeho for approximately 7.3km. It is currently gravel surfaced and in poor condition and is barely passable during the rainy season. The current cross section is approximately 5m wide. Tarmacking the Kabale Bunyonyi road towards the loop at kilometer 7.8 without the entire Lake link road would end up cutting off very many potential tourism resorts which are a few kilometers ahead yet they have massive investments that attract tourists. 2.6. Kisoro – Mgahinga Section: Kisoro is at the lower-western end of the Ugandan road network. The road is located in the district of Kisoro and connects the town of Kisoro to the gate of the National Park of Mgahinga, house of the Mountain Gorillas, through the trading center of Nyarusiza. It is a destination for tourists who want to track gorillas and visit the national parks. The main "Touristic Ring Road" passes in Kabale and currently the only way to join this circuit is through the Kabale-Kisoro road. Since it is not possible to round the Bwindi Impenetrable National Park, unless crossing the border with Congo, tourists must use the Mgahinga Park road and return to the "Ring Road". 2.6.1. The beginning of the road is in the Kisoro town center, on the main paved road crossing the town. The road is well signalized and the signboards to the National Park are clear. The first 165m are on the Kisoro - Cyanika Road which is currently unpaved and then a right turn takes us on the main route to the gate.

Figure 2: An Image Representation of Spatial Characteristics on Kisoro – Mgahinga Road 2.6.2. Apart from passing through some villages and trading centers, the road does not cross main roads. As one approaches Nyarusiza trading centre, the network of local roads is denser and the Junction in this trading centre is a focal point for the departure of two more roads, leading to the Muhabura entrance of the park and connecting back to the Kisoro-Cyanika road, from where the main road starts. The terrain is flat to rolling and the longitudinal gradient

5 slowly increases heading to the park gate. The elevation difference from the BoP to the EoP is approximately 400m, starting from an elevation of 1935m a.s.l. The existing road is a gravel road, approximately 7m wide. 2.6.3. From Ch. 0 + 000 to 0+700, the road is in peri urban context and many buildings fall in the right of way in some sections. Power transmission overhead lines run all along and cross the road. From Ch. 0+700 the road crosses farms and small rural properties. The alignment is characterized by quick short changes both horizontally and vertically, to follow the terrain and avoid artefacts. Vertical alignment becomes steep in several points. Water distribution points are found often along the road. At Ch. 2+000, the road bifurcates and the main road bends south. Signboards indicates that the main road to the park. At the junction there is an active a trading center. The secondary road is a narrower but shorter way to reach the gate of the park and joins the main road after 3.5km. 2.6.4. At Ch. 4+150 the trading center of Nyarusiza is located at a 4-way junction. From this point a road departs to connect the secondary access of Mgahinga Park, while, to reach the main gate, visitors must turn right. The road crosses rural areas that are commonly characterized by farmland and the longitudinal gradient is very variable. Sharp curves to bypass properties are common and many plots are likely to be in the future road right of way. Soil is volcanic rock and visible rock outcrops are frequent. At Ch. 7+300 the road bends on the left at the village of Bufumbira. At this junction, the possible alternative route joins the main road. From here the average longitudinal gradient of the existing road increases and remains constant until the gate, while local humps and sags are frequent. In this area, several resorts allow the tourist to have an early morning access to the park. The road ends at the gate of the park. 2.7. Nyarusiza – Muhabura Gate (5.3 km): This is an extension of the Kisoro-Mgahinga Road. This section of the project road is located in the district of Kisoro and connects the town of Kisoro to the Muhabura gate of the National Park of Mgahinga which is the beginning of trekking activities to the Muhabura Mountains. The starting point is at the trading centre of Nyarusiza Junction. Muhabura gate is the second gate to the Mgahinga; its improvement will provide full access to the park.

Figure 3: Project Location

2.8. Project Design Characteristics

2.8.1. Regarding the Geometric Design, the category of the road is set as III paved, as regulated by Road Design Manual, but the width of the lane was increased to 3.00 meters to consider some heavy vehicles traffic. Shoulders are 1.5 meters each as for typical cross section. Four different typical cross sections were selected according to the type of terrain the road. In the urban areas, a section with separated cycle lanes and pedestrian walkways was considered, with landscape in the median and a total width of 19 meters. In the rural and rolling parts, the bicycles can move on shoulders while the pedestrian path is 2.5 meters wide and separated from the main road by a median with trees and landscape, for a total width of 12.5 meters. The mountainous section is limited to the 9 meters of the main carriageway, and allows higher gradient to reach the top of the mountain. The horizontal and vertical alignment was designed trying to follow as much as possible the existing alignment, to minimize earthworks and construction phases. In some locations, where the existing road presents sharp curves or steep slopes, the design speed was modified to higher standards. In order to enhance the touristic features of the road, some viewpoints at the top of the mountain were placed to allow travelers to enjoy the view of the valley and the lake. The road end with a loop on the lake shore, with a one-way single lane road but with separate pedestrian facilities to create a corniche to allow tourists enjoy the lake, the piers for the boats and the local market stalls. 2.8.2. For cycle facilities, vehicular traffic is low or moderate, while motorbikes, cycles, and pedestrians are the major traffic, especially near to the local villages. A double surface dressing is proposed as regulated by the flexible pavement guide already mentioned. The proposed design life for both roads is 20 years, calculated from the year of opening to traffic. 2.8.3. The Pedestrian Facilities: The shoulder shall be at least 1.5 meters and well drained, as regulated by the Geometric Design Manual. Particular attention will be set to the pedestrian crossing, especially in the villages and along the final loop of the road Kabale-Lake Bunyonyi, as the presence of the market and the boat facilities will increase the walking movements and the touristic destination of the layout. In urbanized areas, near trade centres, pedestrian facilities will be provided with typical layout. 2.9. The major activities during the construction and operational phases of the road works. 2.9.1. Construction phase • Proposed route survey of the proposed roads, mapping to clearly identify the areas of the road alignment. This will show the properties as well as features (biophysical and socio- economic infrastructures i.e that the project will impact on; • Determining appropriate site location for the contractors camp site for the storage of plant equipment, medical facilities/ clinic, workshop/maintenance workshop, fuel storage, dispensation field laboratory, construction materials, and related equipment storage; • Construction of the support facilities in the camp site such facilities include access roads to the camp site, toilets, a perimeter fence and a generator house; • Loading of the materials on to the trucks will be by equipment and manual labor is recommended and during the transportation of the materials, Disposal of cut to spoil sub-grade materials especially from the flood plain; • Wastes (solid and liquid) generated as a result of construction activities and its management • Earthworks including cut and fill in low and high areas where embankments will be needed for the formation of proper alignments; • The material supply sites will be cleared off the vegetation and the overburden materials which will all be stock piled for the restoration of borrow pits after construction works; • The transportation of the construction materials by use of trucks and Lorries. The routes to be used by the trucks are either existing or are to be constructed; therefore there will be minimal negative impact to the environment;

• Establishment of stone quarries for the processing and the supply of stone aggregates; • Grading and compaction of the access road using graders and plant equipment such as 8 ton rollers; and • Installation of drainage infrastructures such as culverts, box culverts and other culverts of varying capacities depending on the need of the specific points • Sub-base formation with stone boulders laid down for access road foundation especially in areas which are marshy and river banks; and laying and compaction of crushed stone base. The river banks will have its edges protected with gabions boxes with stones; • Traffic studies. 2.9.2. Operational Phase • Installation of road furniture to enhance road safety; • Rumble strips, edge to edge strips; • Humps; • Speed sign control sign posts; • Traffic police to enforce traffic rules and regulations. • Maintenance works and bush clearing

3. APPLICABLE LAWS AND POLICIES 3.1. Policies • National Environment Management Policy (1994) • Uganda’s Vision 2025 The National Development Plan (NDPII) The National Water Policy (1999) The Wetlands Policy (1995) Forest Policy, 2001 • Energy Policy, 2002 • Wildlife Policy, 2014 • HIV/AIDS Policy, 2004 • The Tourism Policy, 2002 • Ministry of Works & Transport Policies (Gender, HIV/AIDS, OHS) 2008 • National Policy on HIV/AIDS and the World of Work, 2007 • National Land Policy, 2013 • National Climate Change Policy, 2015 • Gender Equality and Social Protection Policies • The Decentralization Policy, 1993 • Environment Health Policy 2005 3.2. Laws • Constitution of the Republic of Uganda (1995) • National Environment Act, Cap 153 • Land Act, Cap 227 • Water Act, Cap 152 • The Road Act, Cap 358 • The Local Governments Act, Cap 243 • The Occupational Safety and Health Act (2006) • The Historical Monument Act (1967) • National Forestry and Tree Planting Act, 2003. • Traffic Act, 2002 • Access Roads Act, Cap 350

• Explosives Act, Cap 298 • Petroleum Supply Act 2003 • Mining Act, 2003 • Public Health Act, Cap 281 • Physical Planning Act, 2010 • Persons with Disabilities Act (2006)

4. PROJECT IMAPCTS 4.1. The socio-economic positive impacts that are associated with road projects include boost in tourism, improve local economic development, access to markets and improved livelihood, reduction in traffic accidents, travelling time and delays, leading to improved accessibility and mobility to social services especially by pregnant women, elderly, PWDs. In addition, improvement in transport services was expected to facilitate timely delivery of drugs/medicines as well as mobility of health care services providers. In consequence, significant reduction maternal and infant mortality rates, enhancing productivity, improvement in school enrolment and leading to improved quality of life. 4.2. The following are some of the major impacts identified in the project areas: • The Right of Way is one of the main challenges of the project. The distance between property boundaries at the starting section is wide approximately 20-23m. Properties, farms and buildings are within the road Right of Way. • Loss of sources of livelihoods following the damage of communal facilities and household property including houses, Consequent challenges in obtaining suitable relocation sites and losing clients and, upon relocation. The number of affected people is expected to be significant, especially in Kisoro-Mgahinga - Nyarusiza and Nyarusiza-Mahabura Roads where many farms and houses lay adjacent to the existing narrow road. • Properties that are likely to be affected by the road include kiosks, fences, crops and buildings especially along Nyabugu, Kabindi and Mulamba trading centres and crop along the entire spectrum of the road in both the Kisoro and Kabale municipalities and other trading centers that are located along the roads • Disturbance on the vegetation due to cut and fill which shall lead to vegetation clearance • Erosion, Landslides/mass movements of soil and Sedimentation which is a common occurrence in the area. The cutting of slopes may also affect the Visual quality of the landscape. • Fragmentation of the animal habitat and ecosystem within the area • Disturbance to the hydrology of the wetlands, and river crossings in the area which if not planned may lead to floods. • Pollution of the water resources especially Lake Buyonyi • Illegal quarrying activities on the Kabale-Bunyonyi are likely to affect the Road works if they are not regulated since most of the activities are near the Road. • The issue of Road side markets needs to be handled during the design of the road since most of the people derive their livelihood from road side vending especially in Irish potatoes and other vegetables. 4.3. Potential cumulative impacts during operation are expected such as erosion and mass movements, increased population due to an influx of immigrants in the project area anticipating new economic opportunities. This may trigger land use conflicts and likely to exert pressure on the natural resources and social services that are already overstretched social services.

Table 1: Summary of Evaluated Impacts

Impact Source Receptor Magnitude Overall significance

Duration(1

Intensity

Extent

- -

Probability occurrence (1 (1 Magnitude Impact

Significance

Spread of HIV/AIDS An influx of migrant labor, sexual behaviors H Community 3 3 3 High High

Resettlement of some ROW Acquisition Community 2 1 2 Medium Medium properties and crops

Gender related impacts Influx of migrant labor and increased H Community 1 1 2 Medium Medium

income in the communities

Increase in suspended Site clearance, road construction, movement H Community, flora and 3 1 2 High Medium

particulate matter of heavy machinery fauna

Noise machinery and construction activities H Community and fauna 1 1 1 Low Medium

Vibration machinery and construction activities H Community and fauna 1 1 1 Low Medium

Impact on water pollution of water resources due to waste M Community, flora and 2 1 2 Medium Medium

resources oils, spills, sediments and other wastes fauna

10 siltation, erosion and Increased water runoff and erosion, H Community, flora 1 1 1 Medium Medium land slides Vegetation clearance

Occupational Safety and risk in terms of occupational health and H Community 2 2 2 High medium

Health hazards safety

Loss of Flora Construction phase site clearing for houses, H Community, flora and 3 1 2 Medium Medium

roads fauna

Impacts related to site clearing for houses, roads H Community, flora and 3 1 2 Medium Medium

Hydrology and fauna

Drainage

Disturbance and Habitat Construction phase disturbance, noise, M All vegetation 1 1 3 Medium Low

Alteration human presence and pollution construction workers lack the security of a definite tenure and basic H Community and workers 3 1 2 Medium Medium and Labor social and employment protection

Visual Impacts due to visual scenery alteration in the project area M Community, Landscape 3 1 2 Medium Medium

Road works and fauna

sites for sources of dust, noise, siltation and oil pollution among H Community, flora and 3 1 2 Medium Medium material others at Material extraction sites fauna

Impacts on Physical Property and cultural aspect disturbance M Community 1 1 1 Medium Low

Cultural Resources and

Indigenous People

Construction camps Construction camps construction, H Community, flora and 1 1 1 Low Low and work sites equipment storage, serviced, materials fauna

stockpiles

Waste Management Wastes generated could be both hazardous H Community, flora and 1 1 2 Low Medium and Impact on Soil and non-hazardous fauna

Quality

Traffic accidents and Traffic and Road accidents H Community and fauna 1 1 1 Medium Low

Safety

4.4. The following are some of the measures recommended to mitigate disturbance and possible impacts; • A Resettlement Action Plan (RAP) will ensure that this is taken care of as separate report. The Resettlement Action process shall include monitoring on the project affected communities for a period of two years after compensation payment. • The Utility Companies, UNRA, and the Contractor shall work together to ensure that prior to any disruption in public utility services; the people are sufficiently notified and also that there is no conflict between the community over the use of resources. The alternative sources must be continuously monitored to ensure they are reliable and satisfactory. • No constructing workers camps, workshops, and equipment and material storage sites within / close to habitats for animals like forests or wetlands. Locate all associated structures and temporary and permanent construction-related sites (e.g. construction camp, borrow pits) as far as possible within the zone of inundation, and in disturbed habitat locations to minimize habitat loss and human/wildlife interactions; • Restoration of the site after construction should enable re-establishment of suitable habitats. • Effort should be made to keep noise levels within the permissible limits as contained under the national and international noise legislation • Measures proposed to reduce air pollution and other wastes management practices be implemented; • Re-vegetation of workshop, workers’ camp, storage material and borrow areas with vegetation species indigenous to those areas should be carried out during reinstatement. • Fitting high noise producing machinery during construction with silencers • Regular servicing, maintenance and appropriate repair of haulage vehicles and construction machinery with a potential to generate noise. • Limiting construction, excavation activities, blasting activities and movement of haulage vehicles to day time since the noise impact is less felt during day than during the night. • Traffic and safety management since the area has a lot of blind spots which require comprehensive traffic management plan during construction and clear safety measures/furniture installed during operation.

5. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 5.1. In order to be effective, environmental management must be fully integrated with overall project management effort at all levels, which itself should be aimed at providing a high level of quality control, leading to a project which has been properly designed and constructed and functions efficiently throughout its life. Some of these management issues are sectoral in nature, requiring participation of other Government authorities or the NGOs. 5.2. During the bidding procurement process, bidders will be made aware of the environmental and social requirements that include compliance with the national environmental and social laws and regulations and the Integrated Safeguards System (ISS) of the African Development Bank. These include development of an Environmental and Social Management System for the project and development and physical monitoring of the implementation of the Contractor’s Environmental and Social Management Plan (C-ESMP). 5.3. Most of the project environmental management activities will be carried out during the construction phase, since this is when most impacts can be expected to arise. Management will very largely be concerned with controlling impacts which may result from the actions of the Contractor, through enforcement of the construction contract clauses related to protection of the environment as a whole and of the components within it. 5.4. Role of Developer (Uganda National Roads Authority): The Developer will monitor compliance of the Contractor through its implementation agency, and stakeholder wide monitoring group comprising technical staff from government institutions (NEMA, MoWE, MoWT, Ministry of Lands, Housing and Urban Development etc) and Civil Society. 5.5. Duties of the Project Manager: The Project Manager will have the overall mandate of ensuring environmental and social compliance on the project. While the Project Manager will be supported by a team of 13

Environmental Social Health and Safety (ESHS) experts, he/she will provide the required support and resources to the ESHS team. 5.6. Duties of the Consultant Supervisors’ Environmental Officer/Monitor: It will be the duty of the Supervising Consultant’s Environmental Officer/Monitor to review ongoing construction plans with regards to their potential for adverse impacts to work being undertaken during the construction of the proposed project. 5.7. The Environmental Monitor or his/her designate will be full time on site to monitor indicators of ecosystem health at all times during project implementation. The monitoring indicators of ecosystem health will be enhanced further through engagements with Uganda Wildlife Authority (UWA). 5.8. The environmental Officer/Monitor will be responsible for the following activities: • Review work schedules with respect to environmental management and monitoring; • Monitor fuel delivery procedure regularly and check all equipment on site on a regular basis; • Check condition and operational efficiency of all sediment control facilities. In accordance with the Sediment and drainage management plan; • Supervise the implementation of the environmental social management plan and all the other required plans; • Provide guidance to the contractor on policy and legal triggers during the project implementation phase and also link interventions of the wider Ruhendamyeza Catchment Management Plan developed by the Ministry of Water and Environment • Develop environmental orientation meetings. • Work with UNRA’s Safeguards Unit in supervising and guiding construction contractor(s). • Undertake scheduled site supervision of state of environmental compliance as documented or executed by the contractor’s environmental officer. • Any other specific duties are prescribed in terms of reference developed for the supervising consultant by UNRA. • Work closely with Station Engineers to establish and sensitize Road Committees. 5.9. Duties (ToR) of the Contractor’s Environmentalist • Preparation of a standalone ESMP linking environmental and social activities of the roadworks in line with guidance issued by UNRA. • Monitoring and ensuring compliance of all the contractors workers to the requirements of the contract and this ESMP; • Monitoring and ensuring compliance to all Government of Uganda orders, rules, laws and regulations with respect to environmental and social matters; • Day to day monitoring of environmental matters – this will include wider environmental aspects including matters not directly concerned with the actual construction such as contractors camps, off-site temporary storage and temporary works areas; • Working with the Contractors Health and Safety Officer, with support of the Project Manager, to manage community liaison issues and oversee the effective management of the project grievance mechanism as defined in Section 1800 of the special specification and the original ESIS; • Working with the Contractors Health and Safety Officer and the Clients nominated subcontractor to facilitate the successful delivery of the project HIV/AIDS programme as defined in Section 1800 of the special specification. The Terms of References for the nominated subcontractor have been improved to include activities that aim at eliminating Violence against Children (VAC) and Gender Based Violence (GBV). • Working closely with the Engineers Environmental Specialist to ensure full compliance with all environmental and social aspects of this ESMP, the contract documents and any other Government of Uganda rules, regulations, orders or community requests as necessary and as required. • Awareness raising and training of contractor staff with respect to environmental issues; this will include notification of the severe penalties for non-compliance with instructions which may include dismissal.

• Preparation of a monthly environmental monitoring report. This monthly report will be submitted to the Engineer for initial approval and will also require approval by the UNRA Environmental Specialist. • Attend all monthly site meetings and will report on their findings – problems, issues and corrective action taken – all of which will be included in the monthly report format. • Any other matters or issues relating to environmental and social aspects of the works as defined by the Engineer. • Review on-going construction plans with regards to their potential for adverse impacts, particularly if work is being undertaken in environmentally sensitive areas. Full-time employee of the contractor, the Environmentalist will be on site daily. • Coordinating archaeological inspection and monitoring by a specialist archaeologist from the Department responsible for museums and monuments. This will also involve conducting cultural heritage tool box talks to construction personnel as advised by the Specialist Archaeologist. • Maintain a log of community complaints/ grievances related to cultural heritage and corrective actions taken to address them. • Plan environmental and social activities to be implemented alongside construction works. • Ensure that planned activities are implemented, monitored and reported to supervising engineering consultant. • Ensure community concerns are addressed • Prepare monthly reports to be submitted to UNRA indicating environmental activities that were undertaken. • Prepare a Final Mitigation Report at the end of the project 5.10. Duties of the Health Safety Expert: The duties of the Health Safety Officer will be to ensure that occupational health and safety issues are well complied to • Review method statements for planned works and advise on opportunities to eliminate ESHS risks and impacts; • Guide the preparation and monitoring of health and safety plans for the project including the Occupational Health and Safety Plan, Traffic Management Plan and Waste Management Plan among others; • Implement all health and safety requirements on the project, including EIA conditions of approval and approval conditions of all other licenses, certificates and consents for the project and its associated facilities such as camps and quarries; • Advise the Contractor on types and measures of personal protective equipment • Ergonomics’ of the working conditions • Close work as a team member in implementing environment management and Monitoring Plan 5.11. Duties of the supervising Sociologist • Working with UNRA’s Safeguard unit and the Environmentalist in supervising and guiding the contractor(s) on implementation of Social Requirements • Undertake scheduled site supervision to ensure compliance as documented and executed by the contractor • Work with the Station Engineer and the Environmentalist to establish road committees • Work with UNRA to establish Grievance Management Committees for the Project, as part of UNRA’s Grievance Management System that supports both the Project Affected Persons as well as the project workers; • Work with UNRA to ensure a smooth compensation and resettlement process • Link community development interventions highlighted in the RAP in order to mitigate project environmental impacts; • Work together with the Resettlement Action Plan (RAP) implementation team to ensure that all actions as proposed and approved in the RAP are implemented on the project; • Working with the ESHS team to undertake community engagements and sensitization about the project and planned critical construction activities).

• Any other duties as may be assigned by the Resident Engineer 5.12. Duties of the contractors Sociologist • Oversee the overall implementation of the Resettlement Action Plan (RAP) working together with consultants from the Resident Engineer and UNRA • To manage community liaison issues and oversee the effective management of the project grievance mechanism as defined in Section 1800 of the special specification and the original ESIS; • To work with the clients’ nominated subcontractor to facilitate the successful delivery of the project HIV/AIDS programme as defined in Section 1800 of the special specification. • Undertake mainstreaming of gender issues into the entire project including but not limited to work placements, tools and fixtures, sanitary utilities, creating awareness on sexual harassment and any other forms of discrimination based on gender, ethnic background and race. • Work with communities and relevant stakeholders, including the Ministry of Gender Labor and Social Development, to address sexual harassment, adultery, sexual relations with minors and any other forms of anti-social behavior like drug peddling associated with contract workers.

Table 2 Environmental and Social Monitoring Plan Summary

Management Impact Area Mitigation/Monitoring Implementation Responsible Monitoring/ Net Effects

Area Actions & Requirements & Reporting Party Follow-Up

Schedule

Impact from soil Clearance of trees Minimise destruction of Throughout Engineer Environment Avoid and reduce soil erosion,sedimentation and exposure of trees and vegetation; a project Contractor Officer erosion and silting of and landslides sensitive soils clause should be included in Contractor water downstream

Destabilization of the construction contract Project

Slope stability can that requires the contractor Engineer

be upset by the to quantify the number of

creation of road trees removed for the

cuts or purpose of road;

embankments on Restore vegetation

the hilly terrains

immediately after the end of

along the project

works

areas. Excessive Terraced or stepped slopes

steepness of cut

to reduce thesteepness of a

slopes, deficiency

slope

of drainage, Cutoff drains to catch water

modification of

before it reaches critical

water flows, and

areas, and diverging drains,

excessive slope

which avoid excessive

loading can result

concentration of flow

in landslides

Impacts on Removal of Limit removal of vegetation Monthly and UNRA NFA Replace or minimize

Vegetation vegetative cover to to design width of the road. progress report Contractor Environment vegetation lost

widen road or get Provide tree seedlings for Officer

to borrow material Contractor

tree planting.

Limit vegetation removal to

approved areas & borrow

pit size. Re- instate borrow

pit after use.

Impacts on Dust & Dust generation Water sprinkling 3-4 times Contractor or Project Minimize air pollution

Air Quality due to Erection of speed control daily Engineer Engineer

construction Environment

signals and ramps.

activities Covering of sand both Continuous Officer

stockpiled or in haulage Daily

trucks

Keeping vehicles in good

condition

Impact on Water Siltation of water Completing work on Continuous Contractor Project Minimize pollution of

Resources bodies resulting schedule. Engineer Engineer nearby water bodies

from excavation Deposition of MoWE

and material Continuous

constructional material at

deposition

least 50m from water

Contamination

bodies.

of water by oil Embankment erection

from vehicles Continuous

around fuelling and

servicing area for vehicles.

Blockage of Re-channelization

wetlands during

construction of

culverts

Impacts related to Noise from Controlling exposure of Daily Contractor Project Minimize

Noise & machine Culvert workers to noisy and Engineer noise pollution vibration exposure excavation, vibrating equipment Environment

19 management construction and Regulating distance of Officer

other maintenance Daily

Concrete mixing machines

works stationary noisy equipment

from public places

Occupational Health Accidents Toolbox(safety) meetings Bi-Weekly UNRA Project Reduce health risks

& Safety resulting in Awareness creation Monthly Contractor Engineer to workers and general

injury Training of first aid team Quarterly Weekly public. Reduce accidents

Daily

Maintenance of accidents

records

Noise from Provision of use of PPE

Machinery Provide adequate signage

to inform and warn the

public

Sensitize community on

proper road use

HIV/AIDS/STI HIV/AIDS- HIV/AIDS/STIs Quarterly Contractor Project Limit spread of

Management Spread of Awareness workshops Engineer HIV/AIDS and STIs

infection due to Provision of free condoms monthly MoH and create enough

reckless sexual Peer group education awareness of mode

attitudes of transmission, protection

& treatment

Waste management Indiscriminate Segregation of waste Daily Contractor Project Reduce pollution of

waste dumping Composting of organic NEMA Engineer environment

and defecation Environment by indiscriminate disposal

waste

Emptying of waste bins Officer of waste

at approved waste dump site

Decommissioning of toilets

after project

Traffic management Risk of accidents Posting of traffic Daily Contractor Project Minimize accidents or

Road to workers and wardens Engineer Engineer eliminate

general public (flagmen) to direct traffic them at work site.

flow

Mounting of road signs

Protecting actual working

area with barricade

And Monitoring

the implementation of

all management measures

Material exploitation Indiscriminate Selection of borrow pit Throughout Contractor Project Maintain aesthetics of and Transport opening of pits, should be according to project cycle Engineer Engineer surrounding landscape. management poor sitting of conditions of contract. Avoid over

pits. Lack of All borrow pits should be exploitation of material

protection when it sites

detailed and submitted to

is operational and engineer for approval Prevent

non- reinstatement Exploitation should be accidents & reinstate

when project is pits so land use

according engineers

completed. patterns are not

specifications

Lack of proper When in use pits must permanently changed

plan for

be properly designed and

exploitation of

protected

material sources

All pits must be properly

reinstated

All material sites require

adequate exploitation plans,

mitigations measures and

approvals

Community relations Unacceptable Contractor shall engage a Throughout UNRA Project Keep a healthy

behaviour of community liaison officer construction Contractor Engineer relationship between

workers could lead Establish channels of period Environment contractors’ workers and

to community Officer communities

communication with

worker Community in the corridor

relationships and communities Development

Listen to complaints, record

create conflict Officer

and track proposed

solutions to problems

Respond promptly to

complaints construction Camps There is the need Contractor must legally Throughout Engineer EHS officer Guarantee healthy safe and other Worksites for the Contractor acquire land project Contractor working environment

to establish camps Camp Construction

Loss of Property, Impact on Identify project affected Post and during UNRA UNRA To provide alternative

Land, Business and settlements and people construction Local Local livelihoods to the relocation of Utilities livelihoods Notify people about authorities authorities community/betterment

MoLHD

compensation

Prepare RAP

Implement RAP

The Utility Companies,

UNRA, NEMA and the

Contractor will work

together

The local population should

be informed in case of any

planned service disruptions

Impact on water Interruption of the Throughout Project Engineer To reduce pollution of

23 resources natural water Works will be planned, project Engineer Contractor water and retain the

resources and scheduled and performed in Contractor Environment natural system functions

stream, flooding such a manner that the Environment Officer

and sedimentation quality of water flowing Officer

of water streams from the site is at all times

acceptable. Conditions will

be maintained to protect the

aquatic environment of the

swamps and other

watercourses not only

during construction, but

also during periods of

suspended construction

activity

Employment To make sure the Ensure people from local During UNRA UNRA To have gainful opportunities local population is community are given construction Contractor Contractor employment, income and

given priority in priority where appropriate Local leaders Local leaders skills

job employment Provide information about

the availability of

employment opportunities

and qualifications needed

Training to be provided to

workers recruited from local

communities with minimum

qualifications to equip them

with necessary skills

Increased Road Due to the Place signs and signals at During operation Contractor Contractor Road safety accidents upgraded roads appropriate distances and UNRA UNRA

and recklessness locations

may lead to Use of properly installed

accidents

guard rails

Increased revenue to Increased tax base The Government to ensure During operation UNRA UNRA Improved economy localandcentral efficient use of tax collected governments in its development

programmes

Table 3: Environmental and Social Monitoring Plan

S/N Impacts Mitigation Monitoring Method for Frequency of Responsibility

Indicator Monitoring Monitoring

Construction Phase

Land slides and Ensure that excavations and Level of sediments observation Weekly Contractor

erosion ditches are refilled Gullies Supervising Engineer

Re-vegetate/plant trees in the

Soil movement

area cleared

Where ditches or excavations

are unavoidable, ensure the site

is reclaimed and natural

trees/vegetation replanted

1 Vegetation Cover Restrict vegetation clearing to Area of land Patrol observation Weekly Contractor

the area required deforested UNRA

Re-vegetate affected sites

2 Loss of property, Identify project affected people No. of grievances Survey One off UNRA(Resettlement

land, business Notify people about reported Payment records consultant)

relocation of utilities No. of people Consultations with MLH&UD UNRA,

compensation

Prepare RAP compensated UNRA LC111;follow LC111

Zero grievances up PAP survey

Implement RAP

3 Impact on water Use barriers or other measures Water quality Water sample analysis Weekly UNRA

resources to prevent sediments and (turbidity, Ph, BOD, MoWE

contaminants at interface with DO) Contractor

water NEMA

4 Destruction of Minimize site clearance to the Water quality Water sample analysis Weekly UNRA

wetlands and habitat area required for civil work (turbidity, Ph, BOD, Observation/inspection NEMA

DO) Level of siltation Contractor

Absence of siltation District Environment

Officer

5 Soil Erosion Revegetation Water pollution Observation/inspection Weekly UNRA

Grassing Level of siltation NEMA

Contractor

District Environment

Officer

6 Noise Pollution Use light and noise proof Noise levels Measurements of noise Quarterly UNRA, NEMA

equipment levels

7 Oil spills and Perform routine check on Vegetal cover Field observation Monthly UNRA

hazardous chemicals vehicles and machines daily, and Soil microbial Contractor

ensure proper maintenance Soil test

Treat and scoop soil any time Water tests

fluid drip is noticed

8 Burrow pit and Ensure that engineering design Monitor Site Inspection Weekly UNRA

construction materials and best construction practices reinstatement and Meeting Contractor

are adhered to exploitation plan Payment for use of

Ensure that construction debris materials

Absence of waste

are disposed and kept away

materials

from contact with surface water

Proper exploitation plans are

followed

9 Occupational Health Use of PPEs should be Workers wearing Site inspection Weekly UNRA

and safety enforced PPE Contractor

Type of PPEs

available

10 Waste Management Segregate waste Physical evidence of Site observation Daily UNRA

Store waste properly before wastes Contractor

Photograph

disposal

Recycle, re use and reduce solid

inspection

waste

Dispose of non-recyclable/non

reusable waste in an approved

dump

Operation Phase

11 Increase Monitor and enforce traffic Speed control Campaign Every 6 National Road Safety

traffic/movement management rules measures. reports/minutes months Council

and accidents Records from traffic

Erect warning signs police Police reports UNRA

Install speed control at trading No. of accidents Inspection Once a year Contractor

centres, schools etc along the road Interviews Local Authority

Monitoring of Positive Impacts

12 Employment of locals - No of locals Record Quarterly UNRA

employed Survey

No. of women

employed

13 Improved - Increase income Survey Quarterly UNRA

transportation of

farm produce to

market centres

14 Improved - Increased Survey Quarterly UWA

accessibility to the accessibility

project area

15 The local, regional - Increased route use Survey Quarterly UNRA

and national and economy

economies would

expand hence

increased tax base.

16 Improved healthcare - Improved service Survey Quarterly UNRA

delivery and delivery

education become

more accessible

Table 4: Environmental and Social Management Cost

Item Description Unit Estimated Rate (UGX) Amount (UGX) No. Uganda shillings Quantity Uganda shillings 1.0 Environmental action plan, decommissioning plans and L.S. 1 20,000,000 20,000,000 reporting 2.01 Provide Environmental and social manager Month 24 3,500,000 84,000,000 Provide qualified safety officer to deal with OHS, HIV/AIDS Month 24 3,500,000 84,000,000 and gender management, including transport 2.02 HIV/AIDS and STD prevention and counselling (a) Information, education and consultation campaigns including Month 24 2,000,000 48,000,000 regular distribution of condoms to workforce (b) Provide, maintain and operate STD and HIV/AIDS clinic or Month 24 2,000,000 48,000,000 make alternative arrangements with existing local clinic (c ) Employment of Nominated Sub-Contractor for Provision of L.S 1 70,000,000 70,000,000 HIV/AIDS Programme and child protection Management Fee for Employment of Nominated Sub- L.S 15,000,000 Contractor, including provision of services such as transport to workforce and distribution of condoms and IEC material and on-site accommodation for Consultant Sociologist and ASP as required for duration of contract. 2.03 Gender (a) Gender sensitization and awareness raising Lump sum LS 5,000,000 5,000,000 meeting/workshops (b) Gender sensitive monitoring and reporting Lump sum LS 5,000,000 5,000,000 2.04 Safety Clothing and Equipments (a) Provision of safety clothing and equipment for the workforce. Person- 150 300,000 45,000,000 Years (Ushs 300,000 to be paid for each of the 150 people per year) 4.01 Institutional coordination and support during construction PS to 1 30,000,000 30,000,000 paid

and monitoring i.e. Local NGO’s ,Local Government and lead annually Agencies Meetings 4.02 Road committees establishment, coordination and support Lump sum 50,000,000 50,000,000 during construction and monitoring 4.03 Physical Cultural Resources Lump sum 20,000,000 20,000,000 5.01 Preparing the Area for Grassing (c) Top soiling of the slopes using topsoil obtained from within cu.m. Lump sum 20,000,000 20,000,000 the road reserve, or borrow areas, or spoil areas 5.02 Trees and Shrubs (a) Planting and Establishing 4,000 8,000 32,000,000 (b) (i) Tree in Trading centres (15 meters spacing) no. 2000 8,000, 16,000,000 (ii) Management of Trees no 4,000 5,000 20,000,000 6.01 Reinstatement Borrow pits no L.S 70,000,000 70,000,000 6.02 Sand pits no Lump sum 50,000,000 50,000,000 6.03 Quarry site no Lump sum 45 ,000,000 45,000,000

Total 777,000,000

6. CONCLUSIONS AND RECOMMENDATIONS 6.1. In order to be effective, environmental management must be fully integrated with overall project management effort at all levels, which itself should be aimed at providing a high level of quality control, leading to a project which has been properly designed and constructed and function efficiently throughout its life. Some of these management issues are sectoral in nature, requiring participation of other Government authorities or the NGOs. • Most of the project environmental management activities will be carried out during the construction phase, since this is when most impacts can be expected to arise. Management will very largely be concerned with controlling impacts which may result from the actions of the Contractor, through enforcement of the construction contract clauses related to protection of the environment as a whole and of the components within it. • The contractor shall abide by and implement the requirements of the ESMP with the support of relevant agencies like Uganda National Roads Authority, National Environment Management Authority, Uganda Wildlife Authority, Ministry of Tourism, Wildlife and Antiquities, Ministry of Water and Environment, Ministry of Labor, Gender and Social Development, Kabala, Kisoro and Rubanda, town, municipal and District administration, Ministry of Health and NGOs, etc. • To ensure that the Contractor takes environmental management seriously part of the special specification will spell out activities to be carried out by contractor on project site to ensure that environment is protected as required by the laws of Uganda. The Contractors responsibility shall include but not be limited to: • The procurement of the services of a competent Environment, Health and safety officer. He should have a good knowledge of environmental management and be able assess risk to the environment and implement measures proposed to mitigate them; • The provision of regular information, instruction, training and supervision are necessary to ensure sound environmental management on the works; • Train workers to minimize, waste, noise, and dust and vibration. Avoid contamination of water sources, vegetated areas with excrement. • Implement the recommendations in the approved ESIA document and NEMA Certificate approval conditions, particularly the required mitigation measures and the environmental management and monitoring plans, and the owners environmental and social management framework; Acquire approval conditions provided by NEMA (approval certificate), and permits from lead agencies, Department of Petroleum Supplies (Construction permit, operating license for storage and dispensing facilities of petroleum products), Ministry of Water and Environment • The Contractor should then prepare a Contractor’s Environmental, Social, Health and Safety Management Plans to comply with the above requirements. This should include an implementation framework, including staffing and budget. • The Contractor will also consult general public and disclose information in relation to construction scheduling, traffic management, public health and safety, and the results of Environmental monitoring. • All expenditure and costs related to complying with Environmental safeguards as applicable to construction and development of the project would be met by the Contractor.

RAP SUMMARY

1. PROJECT IMAPCTS

1.1. The potential project impacts have been defined into two broad categorized, namely; physical displacement; Loss of peoples residences and assets, and economic displacement impact; referring to loss of means of income or loss of assets that lead in turn to loss of means of livelihood/incomes. Central to both types of displacement are the immoveable assets that will be impacted by land acquisition and the livelihoods that depend either directly or indirectly on those assets. 1.2. Impact on Rural Lands: Along the Kisoro section, where land is overly inelastic, the loss of agricultural land might result into a number of associated impacts such as; seasonal migration to look for alternative farmland; physical relocation from ancestral land. This also contributes to a number of associated impacts like loss social ties, adaptation challenges in host communities among others; hunger and malnutrition arising from lack of enough agricultural land; income loss, as many PAPs depend on agriculture for their livelihoods. The Kabale- Lake Bunyonyi section will mostly suffer impacts on resource land which may include; soil erosion as trees are currently providing soil buffer on the steep slopes, loss of income from timber sales etc.. 1.3. A significant number of properties that will be affected either wholly or partially by the project. About 71.7% of structures to be affected are residential owner occupied houses and 56.1% of gardens/agricultural land will be wholly affected by the road project. 65.2%, of rental houses among others will also be wholly affected by the road project. 1.4. The project will affect about 20 public facilities and institutions within Kisoro and Kabale districts. Because of the steep terrain of Kabale-Bunyonyi-Kabeho, institutions and public facilities are located off the existing RoW and the impact shall be minimal. Only Two (2) Facilities i.e., the Water Treatment Plant at Kiyoora village and Lake Bunyonyi community vocational school will be partially affected along Kabale-Bunyoyi stretch. Kisoro district has the highest number of public facilities/institutions (18, 90%) that will be affected by the road. The current RoW affects many school structures and compounds and this will result into a number of associated impacts. 1.5. Worth mentioning is the water treatment plant at Ch. 3+200 which collects the water from the lake to feed the downstream network in Kabale. Pipelines fall within in the Right of Way, especially as you enter the town of Kabale. In Kachwekano village the water treatment plant falls within the right and will be affected by the project development. In some areas, power distribution lines are located almost within the existing road. At Ch. 3+200, the plant itself shall not be affected. However, the pipelines fall within the proposed right of way and shall require relocation. This is in addition to a number of water points and kiosks along Kisoro-Mgahinga that are located within the proposed right of way. Other services installations including overhead and underground power transmission lines shall also be affected by the project. .The impact categorisation is physical displacement and all affected facilities shall be relocated prior to commencement of civil works in those particular sections where impact occurrence is likely. At the time of asset inventory and valuation, the facilities were excluded from the valuation toll for lack of relocation and design details. The relocation of utilities shall be undertaken as part of the civil works and will be implemented under the provisional budget. 1.6. The Kabale-Bunyonyi and Kisoro-Mgahinga road project is characteristically unique in terms of economic activities and livelihoods. While farming is, still the predominant source of livelihood in the larger part of the project-affected area, diversification into non-agricultural activities is also a common place, mostly resulting from the booming tourism in the project area. There is a lot of investment in hotels along the shorelines of Lake Bunyonyi and near Mgahinga Gorilla Park. Because of the steep gradient, that barely supports agriculture and human settlement, a large part of Kabale-Bunyonyi-Kabeho stretch has been planted with trees.

2. APPLICABLE LAWS AND POLICIES 2.1. The applicable laws that guided the preparation of the resettlement action plan included the following:

2.1.1. Article 237(1) of the Constitution of Uganda (1995) vests all land of Uganda in the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government can acquire land in the public interest. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure and Land regimes in accordance with which rights and interests in land may be held (Customary, Leasehold, Mailo, and Freehold). It provides procedures to follow during the acquisition of land for public interest and provides for the “prompt, fair and adequate compensation” prior to taking possession of the land. 2.1.2. The Land Act, Cap 227 continues to empower landowners and a reminder to RAP implementers of the need to compensate them for their lost property. Compensation principles Section 78 of the Act gives valuation principles for compensation i.e. compensation at depreciated replacement costs for rural properties and market values for urban properties. Where the land is to be acquired, in addition to compensation assessed under this Section (S 78), a disturbance allowance shall be calculated at a sum of 15% of the sum awarded to that person, where more than six-month notice to vacate is given. If less than six months’ notice is given for possession of the land, the disturbance allowance is computed at 30% [see Section 78 (2)]. 30% disturbance allowance has been applied for this project. Given the significance of the selected national roads to the tourism potential of the country, it was presumed that project shall be implemented with urgency and that PAPs would not be allowed sufficient time to resettle and restore their livelihoods. In the circumstances, a statutory 30% disturbance has been applied under the assumption that the vacation notice period shall be less than 6 months. 2.1.3. Where no agreement is reached, the Minister responsible may compulsorily acquire such land in accordance with Section 43 of the Land Act (1998). The Act creates a series of land administration institutions consisting of Uganda Land Commission, District Land Boards, Parish Land Committees and Land Tribunals. Should any dispute arise over compensation payable under Sub-Section (3) of Section 74, it is referred to the Land Tribunal. Land Tribunals have not been a popular avenue for resolving land disputes on UNRA projects. In many instances, PAPs have preferred arbitration and sometimes recourse to courts of law rather than referring to land tribunals. In addition, through its grievance management structures, UNRA has instituted Grievance Management committees (GMCs) to act as essential point of contact for UNRA on grievances raised at community members. These community level structures have on behalf of UNRA, promptly received and channeled all land and other project related grievances to appropriate UNRA offices for redress. 2.1.4. The Land Act, 1998: Section 40 of the Act, provides provisions by encouraging spouses to participate in compensation activities. By witnessing the valuation and disclosure, so that they are aware of the compensation package and can demand for replacement of affected properties. 2.1.5. The Land Acquisition Act (1965); provisions of Article 26 and Clause (2) of Article 237 of The Constitution. Land acquisition in the public interest is also subject Section 42 Sub-Section 7 Paragraph (b) of the Land Act 1998, where it is underlined that “no person from whom land is to be acquired shall be required to vacate that land until he or she has received the compensation awarded to, or agreed to, by them”. 2.1.6. The Roads Act of 1964 is a critical piece of legislation with respect to the Road Development Projects. It defines a road reserve as that area bounded by imaginary lines parallel to or not more than fifty feet distant from the centerline of any road, and declared to be a road reserve. The Act is silent on whether such land is “taken” for the state, but states that no person shall erect any building or plant, trees or permanent crops within a road reserve. 2.2. Policies that have guided the generation of the RAP include the National Development Plan II, Uganda’s Vision 2040, the National Transport Masterplan, the National Gender Policy (1997), the Uganda National Cultural Policy, the National HIV/AIDS Policy, 2004, Resettlement/Land Acquisition Framework, 2002, the Uganda National Land Policy, 2011 and the UNRA Environmental and Social Safeguards Policy.

3. VALUATION AND COMPENSATION FOR LOSSES 3.1. The table below summaries the basis for compensation with guidance from policy and legal framework

Table 5: Basis for Valuation

Land Compensation under Uganda Law Permanent structure Current full replacement cost, plus a 30% disturbance allowance. Non-permanent House Current full replacement Cost, using the construction rates as provided in the District Compensation Schedules. Adjustments were made on the rates found inadequate to suit the market replacement rate, plus a 30% disturbance allowance Other structures (graves, plate racks etc. Current full replacement cost plus 30% disturbance allowance

Perennial Crop/trees Current full replacement cost, using the rates as provided in the District Compensation Schedules. Adjustments were made on the rates found inadequate to suit the market replacement rate. plus a 30% disturbance allowance

Income-Activities Loss of Business Income - No provisions for Uganda Law Loss of Rental Income - No provisions for Uganda Law Private and Public and Private Utilities Current full replacement cost plus 30% disturbance allowance

Destruction of public utilities With community participation the contractor will restore the destroyed/damaged facility

Restore forests through signing MOU

Table 6: Entitlement matrix by type of PAP and type of loss

Category of Type of Loss Type of Entitlement Impact Compensation for Loss of Structure Compensation for Loss of Disturbance allowance Other assistance / Assets Livelihoods/incomes

Physical Loss of • Compensation at full replacement 30% disturbance allowance has • In kind Compensation for assets Household value. been applied lost to vulnerable groups to be displacement structures and prioritized on case by case basis, • Compensation will be sufficient to assets replace lost structures at full for those who must be assisted. replacement cost at the prevailing • will be accorded salvage rights local market rates. • Financial literacy training • livelihood enhancement programmes

Displacement of Offer 3 months’ rent free space for tenants Prompt and adequate compensation • Residential Tenants will not pay Residential to enable Landlords reinstate their rent bills during the transition Tenants rental houses period of 3months. This proposal will be notified to Landlords during engagements. • Tenants to benefit from livelihood enhancement programmes Partial loss of The RAP proposes total acquisition of -Prompt and adequate compensation. 30% disturbance allowance has • Financial literacy training Land/property properties that are partially affected by the -Compensation based at full been applied • Livelihood enhancement road project. replacement value. programmes • Salvage rights

Impact on graves Compensation based on standard rates for 30% disturbance allowance • Costs for relevant cultural rituals earth and concrete graves. Costs for shall be provided shall be provided as part of the relevant cultural rituals shall be provided as compensation part of the compensation. Impact on public • Compensation at full replacement 30% disturbance allowance has • Establishment of provisional facilities/ value for the different properties been applied assets/resources institutions affected by the project. • Building barriers around affected • Relocation of public utilities such as facilities at the time of water and electricity facilities construction to minimize

Category of Type of Loss Type of Entitlement Impact Compensation for Loss of Structure Compensation for Loss of Disturbance allowance Other assistance / Assets Livelihoods/incomes

disruption of their operations and safety. • Salvage rights

Economic Loss of land for • Compensation at full replacement • Prompt and adequate • In kind Compensation for land displacement production value. Compensation will be sufficient compensation to early lost to vulnerable groups to be to replace lost land at the prevailing acquisition of alternative pieces prioritized on case by case basis, local market rates. of land depending on level and nature of • Compensation for the loss of farm vulnerability asset at full replacement cost • Loss of crop • Entitled to harvest present seasonal • In case damage to crops, cash 30% disturbance allowance has • If possible, allow farmer to • Loss of crops compensation as per rates been applied harvest fruits as supplementary income • Perennial crops and trees to be provided by District Land source of income during • Loss of compensated based on approved Boards transition period Trees district rates • Training in value chain addition • Farm Assets

Loss of rental Offer 3 months’ rent free space • Skills enhance such financial • Skills enhance such financial income due to literacy, linkage to financial literacy, linkage to financial displacement of support organizations support organizations business tenant

Income loss for Provision of working space to allow • To benefit from community stone and sand continuity for sand and stone development programmes miners due to road quarrying • Financial literacy works

Displacement of Identify, locate and construct alternative Skills enhance such financial Skills enhancement such financial market sites literacy, linkage to financial support Markets literacy, linkage to financial support organizations organizations

3.2. The cut - off date is the date on and beyond which any person whose land and or property that is to be occupied by the project will not be eligible for compensation. This is the date the census and inventory of loss is conducted. The cutoff date for the individual PAPs will therefore be that date when field data capture including obtaining details of property owners, inspection and referencing of property, enumeration of crops/trees and gathering market information will be concluded for each section. The cutoff date for the project is 15 June 2019. 3.3. The total compensation budget for this project is UGX 92, 004, 971, 997. In the 2019/2020 FY, 57.8billion was allocated to UNRA to enhance access to tourism sites in the southwestern circuit. Therefore, Land acquisition for the project shall be done in a phased manner, to resonate with the allocated budget. UNRA commits to avail 30% of the total corridor before commencement of civil works.

Table 7: Total Resettlement and Compensation Budget

Component Section Amount Compensation Kisoro-Mgahinga 50,134,234,219/=

Kabale-Bunyonyi 41,870,737,778/= Resettlement and Livelihood restoration assistance Kabale-Bunyonyi-Kisoro- 1,850,000,000/= Mgahinga GRAND TOTAL 93,854, 971,997/= The high compensation costs is attributed to the fact the cost of land in the project area is quite high and most of the project road traverses built up areas.

4. LIVELIHOOD RESTORATION STRATEGIES

4.1. This livelihood restoration plan is as a set of three (3) sub-plans, i.e., livelihood restoration plan for business loss. This includes provision of full compensation package to all individuals, or companies losing property and livelihoods. Livelihood enhancement for vulnerable groups will be done based on their disadvantaged position, this livelihood restoration plan proposes provision of additional assistance/support, over and above PAPs entitlements to mitigate any remaining risks associated with land acquisition and resettlement. Community Development programmes (CDPs). This enhances the capacity of communities affected by the project to restore and improve their livelihoods.

Table 8: Budget estimates for Resettlement and Livelihood Restoration interventions Proposed Specifications Responsibility Budget Intervention Estimates Public consultations Continuous engagements will be necessary for communities UNRA RAP team 100,000,000 and community to identify themselves with the project, indicating the engagements probable benefits the project will have and how the local people can buy into it. Resettlement support Additional funds for Physical resettlement of vulnerable UNRA, supported by 100,000,000 for Vulnerable PAPs PAPs. It should be noted that the cost attached here is district and independent of the cost of property that is affected by the responsible NGOs road. Relocation of Graves Beyond compensation for earth and concrete graves, more UNRA 20,000,000 funds shall be allocated to facilitate the performance of rituals associated with reburying of exhumed bodies.

Support livelihood Support livelihood restoration in order to ensure that affected initiatives particularly households either attain their previous social status or better to PAPs who will be their livelihoods as a result of project interventions. directly

Acquisition of space for tourism view points and craft shops 200,000,000

Provision of operating space for stone and sand minors Contractor 200,000,000

Improving Rutinda Landing site and trading centre Contractor 200,000,000 (Construction of improved markets) Skills development (skills in hand crafts, wood work and UNRA with support 200,000,000 carving to produce figurines for souvenirs and ornamentation from external that can be marketed to tourists and visitors Technical Experts

Training in modern bee-Keeping External Technical 200,000,000 Experts Construction of road side shops Contractor 200,000,000 Tree Planting and distribution of tree seedlings NFA 150,000,000 Financial literacy training Private consultant 100,000,000 Total Resettlement and 1,850,000,000 Livelihood restoration Budget

The implementation of the resettlement and livelihood restoration budget shall crosscut the preconstruction (Land acquisition) and construction phases. Pre-construction activities shall include, continued stakeholder engagements and public consultations, physical resettlement of vulnerable PAPs, relocation of family graves and financial literacy trainings. The remaining activities shall be implemented as part of the civil works and shall be incorporated into the project bidding documents.

5. IMPLEMENTATION PARTNERS

5.1. UNRA as the project owner is responsible for implementation of the RAP in compliance with the commitments policy and legal frameworks of the Government of Uganda and the African Development Bank. UNRA will ensure that sufficient resources are allocated to implement the RAP. In addition, UNRA will ensure routine consultations with stakeholders and also coordinate with development partners on issues related to this RAP. UNRA has got extensive experience in implementing RAPs. The Authority has also established robust management structures such as Land Acquisition and Resettlement Management System (LARMS), Grievance Redress Mechanism (GRM) among others aimed at ensuring successful land acquisition and resettlement process. The LARMS in particular sets processes and procedures for land acquisition and resettlement throughout the project cycle and shall be a major point of reference while implementing this RAP.

5.2. UNRA will establish a project resettlement implementation committee. This committee will have a management function in resettlement planning, implementation, monitoring and funding and will represent all the agencies responsible for facilitating the RAP process. It is in this committee where particularly strategic, high- level issues needing resolution (including financial, schedule related and reputational risk issues) should be raised and dealt with. The resettlement steering committee will also be responsible for making policy-related decisions based on the legal framework contained in the RAP, the project’s internal standards and operating procedures, and international policies. It will rely on already existing internal structures to oversee and guide the planning and implementation of the RAP.

5.3. The RAP implementation team will retain direct contact with the affected people and communities. The team will primarily be responsible for the on-the-ground coordination and implementation of the resettlement and compensation process. It will be comprised of UNRA in-house team that will maintain close working relationship with the key stakeholders and will regularly provide them with information on progress of RAP implementation.

Table 9: Composition of the RAP implementation team Staff Number Role Resettlement Specialist 1 Co-ordination of RAP implementation activities Surveyor 1 Land Survey, title sub-division Valuer 1 Valuation, Seeking approvals from the CGV, verification and disclosure, batching among others Sociologist 1 Stakeholder engagement, identification and provision of resettlement assistance to vulnerable groups, monitoring, and follow-up

Project Engineer 1 To synchronise resettlement and livelihood restoration aspects into bidding documents, and supporting compliance during construction

Legal Expert 1 To ensure that land acquisition, resettlement and livelihood restoration are undertaken, consistent with national legislation and policy framework. Accountant 1 Compensation Payments Procedures M&E Expert 1 Undertaking internal monitoring and evaluation of RAP implementation processes Client Care Officer 1 Keeping close contact with PAPs: Supporting in grievance handling Total 9

5.4. An external team will be established to implement the community livelihood improvement/ enhancement Plan. The team shall comprise short-term TAs to help in implementing the commitments highlighted under the livelihood enhancement programme. This team will implement the specific measures proposed under livelihood development, while working closely with district political and technical bodies to ensure acceptability and sustainability of interventions. 5.5. In addition to carrying out external monitoring of the RAP implementation process, Qualified NGOs and CSOs will also be invited to support the implementation of specific activities highlighted under the livelihood enhancement programme. as advised 5.6. The Land Valuation Division, headed by the Chief Government Valuer, provides timely and reliable real property valuations to the government, as well as approving the valuation reports. Similarly, the Chief Government Valuer will be responsible for validating and approving the valuation reports produced for Kabale- Bunyonyi and Kisoro-Mgahinga tourism roads. The Land Administration Division will be responsible for issuance of title deeds for the road reserve. The draft valuation reports for both sections of the road (Kabale- Bunyonyi and Kisoro-Mgahinga have already been prepared and awaiting internal review and formal submission to the CGV. Field visits shall be undertaken by the CGV staff, in particular the Senior Government Valuer and Government Valuer to validate the methodology adopted for this RAP. Experience on UNRA projects indicates that most delays in approval of valuation reports occur at this stage of field visit and review of valuation methodology. However, UNRA will engage the office of the CGV about the importance of the project and why land acquisition is central to the disbursement of funds for the Project. The expected outcome is prioritisation of the project in terms of field visit and timely review and approval of the valuation reports. UNRA shall also commit resources to facilitate the CGV staff while undertaking field visits to the project.

5.7. Under the Green Right of Way (GROW), UNRA shall leverage on the existing relationship with the National Forestry Authority (NFA) to implement the planting of trees along the proposed project. NFA will take the leading role providing technical assistance in site species matching and nurturing of seedlings in the seed 42 centers. To promote local content and improve on the general livelihoods, local labor shall be used during tree planting exercise.

6. IMPLEMENTATION SCHEDULE

Land acquisition shall be done in a phased manner and it is expected that 30% of the road corridor shall be available by mid 2020.

Years 2019 2020 2021 Implementation Activities Months

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 26 27 28 Preparation of RAP Consultations (continuous) Establishment of Grievance

Management Committees Updating of Strip Map and

Valuation Report Approval of Valuation Report by the CGV Project appraisal by AfDB Pre-disclosure sensitization of entitlement Disclosure of compensation payment to PAPS Payment of PAPS Identification of resettlement sites Planning for construction of replacement housing Livelihood Restoration Notification and demolition of structures Internal RAP monitoring External Monitoring Processing Deed Plans for the project (Continuous)

Launch of construction activities

7. GRIEVANCE REDRESS MECHANISM 7.1. The UNRA Project Manager will have the overall responsibility for the day to day running of the project; including grievance management and overseeing the functions of the Project Management Team. For proper logging, escalation, tracking, reporting and following up on all project specific grievances, as well as for purposes of complying with international good practice; the Project Manager will be required to assign one of the Project Team Members to act as Grievance Focal Point Officer. Grievances that cannot be addressed at project level will be escalated by the Project Manager to the Director Road and Bridges for review and guidance. Since the Director Roads and Bridges is the top technocrat of directorate, which encompasses land acquisition and road construction, the office empowers the person with oversight, advisory, and power to make decisions to the mutual benefit of the institution and PAPs. Grievances that fall into Category 3 (defilement, gender based violence, violence against children, fatalities) shall be escalated to the Executive Director without any delay.

The existing mechanism, which among other aspects calls for formation of community grievance management committees, has been useful in the following areas; • Reduced turn-around time in resolving grievances • Effective communication and resolve of community grievances • Improved trust in UNRA processes • Improved relationship between UNRA and PAPs • Increased PAP satisfaction However, there is still need to create corroborative linkage between the GMCs and contractor staff on projects. Currently, there seems to be a disconnect between the two groups. While GMCs shall be formed early in the project cycle, it will be incumbent upon the RAP team to introduce them to contractor staff and client care officers at the earliest point prior to commencement of civil works. 8. MONITORING AND EVALUATION

8.1. The Monitoring and Evaluation program will be implemented internally by the UNRA RAP team. The monitoring will be done based on the set indicators for the various activities as outlined in the RAP. Internal monitoring and evaluation will be the primary responsibility of the RAP unit with support from the Department of Land Acquisition. Internal monitoring will also be supported by monitoring activities undertaken by government agencies such as UWA, NEMA, MoGLSD, among as part their legislative mandate. While the RAP team shall be responsible for regular reporting on progress of RAP implementation, the monitoring function shall be undertaken by UNRA’s M&E department. A dedicated team from M&E department shall be entrusted with this responsibility which shall be undertaken throughout the RAP implementation cycle 8.2. Performance monitoring of the project will be an internally driven and continuous process aimed at ascertaining the RAP implementation milestones against the Performance Indicators. In order to ensure that the Resettlement and Livelihood Restoration is in accordance with the targets of the project, performance monitoring will be incorporated into the overall project management. 8.3. Objectively Verifiable Indicators (OVIs) shall be used to monitor the impacts of the Compensation and resettlement activities. The RAP team will thus focus on the programmes that will promote income generation for the resettled PAP’s and ensuring that the programmes are sustainable to them, the new livelihood patterns and assessing how the income generating interventions are impacting on the living standards of the re-settled PAPs. The benchmarks upon which the success is measured will thus be established.

8.4. The evaluation of the various activities as stipulated in the RAP will be based on the current international best practices (AfDB) as well as the national legal and the policy provisions on resettlement and compensation. A summary of the Monitoring Plan is included in the Table below Table 10: Outline of RAP Monitoring Plan

Component Activity Type of Information / Data Collected Sources of Information / Responsibility for Data Frequency of Data Collection Methods Collection, Analysis, and Reporting Reporting Performance Measurement of input indicators Monthly or quarterly RAP Implementation Unit Monthly Monitoring against proposed RAP implementation narrative status and schedule and budget, including financial reports. procurement and physical delivery of goods, structures, and services. Impact Monitoring • Assessment of Affected Persons Quarterly quantitative and RAP Implementation Quarterly, annually satisfaction with inputs. qualitative surveys Unit/contracted external monitoring agency • Tracking effectiveness of inputs • Regular public against baseline indicators. meetings

• Consultations with Affected Persons and review of grievance mechanism outputs. Vulnerability • Assessment of vulnerable Quarterly quantitative RAP unit Quarterly Monitoring Affected Persons satisfaction surveys with inputs.

• Effectiveness of inputs against baseline indicators

9. REFERENCES AND CONTACTS 9.1. GOU (2019), Environmental and Social Impact Study Kabale-Bunyonyi, KIsoro-Mgahinga Road project 9.2. GOU (2019), Resettlement Action Plan for Kabale-Bunyonyi, KIsoro-Mgahinga Road project 9.3. Contacts For more information, please contact: Executive Director Uganda National Roads Authority Plot 3-5 New Portbell Road Nakawa UAP Business Park P. O. Box 28487 Kampala Uganda