,'''''' "" ,,< ~ 0",," . , RP665 , 111.,1'2009 ' VOL. 5

I,'" REPUBLIC OF Public Disclosure Authorized ...1 UGANDA NATIONAL ROADS AUTHORITY

FINAL DETAILED ENGINEERING Public Disclosure Authorized DESIGN REPORT

CONSULTANCY SERVICES FOR DETAILED ENGINEERING DESIGN FOR UPGRADING TO PAVED (BITUMEN) STANDARD OF --- ROAD Public Disclosure Authorized

VOL V (A) - RESETTLEMENT ACTION PLAN

Public Disclosure Authorized The Executive Director OMPTRAN E.NL':ifNEERJNG & PU"'NtJltlG Uganda National Roads Authority (UNRA) ASSOCIATES Plot 11 Yusuf Lule Road P.D.Box AN 7917 P.D.Box 28487 Accra-North , Uganda Ghana

Feasibility Study and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

T ABLE OF CONTENTS .. EXECUTIVE SUMMARY I INTRODUCTION ...... 1-1

1.1 BACKGROUND TO THE PROJECT ...... 1-1 1.2 PROJECT ACTIVITIES ...... 1-3 1.3 OBJECTIVES OF THE RESETTLEMENT ACTION PLAN (RAP) ...... 1-4 1.4 OUTLINE AND CONTENTS OF RAP REPORT ...... 1-5 2 APPROACH AND METHODOLOGY...... 2-J

2.1 PUBLIC CONSULTATIONS AND DISCUSSIONS WITH PROJECT AFFECTED PEOPLE (PAP's) ...... 2-2 2.2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 2-2 3 POLICIES, LAWS AND ADMINISTRATIVE FRAMEWORK ...... 3-1

3.1 LEGAL FRAMEWORK, LAWS AND REGULATIONS ...... 3-1 3.2 RESETTLEMENT PRINCIPLES ...... 3-5 3.3 INSTITUTIONAL / ADMINISTRATIVE ...... 3-6 4 BASELINE OF INCOMES, LIVELIHOOD PATTERNS & SOCIAL ECONOMIC ORGANIZATION4-1

4.1 PROJECT AREA ...... 4-1 4.2 POPULATION GROWTH AND DENSITY ...... 4-1 4.3 LAND o\VNERSHIP AND TENURE ARRANGEMENT ALONG THE PROJECT ROAD ...... 4-4 4.4 THE ECONOMY AND LiVELIHOOD ...... 4-5 4.5 PAP SOURCES OF INCOME ...... 4-6 4.6 THE PAP HOUSEHOLD INCOME LEVELS ...... 4-6 4.7 PROJECT AFFECTED PEOPLE (PAP) HOUSEHOLD SIZE ...... 4-7 4.& VULNERABLE GROUPS ...... 4-7 4.9 LEVEL OF EDUCATION OF PAP ...... 4-& 5 PllBLIC CONSULTATIONS WITH PROJECT AFFECTED PEOPLE AND ORGANIZATIONS••..• 5-1

5.1 PUBLIC PARTICIPATION A.J"IDCONSULTATION STRATEGy ...... 5-1 5.2 COMMUNITY PARTICIPATION ...... 5-2 5.3 IDENTIFICATION OF STAKEHOLDERS AND ANALysrs ...... 5-10 5.4 LOCAL REPRESENTATIVES AND VILLAGE LEVEL CONSULTATIONS ...... 5-12 5.5 STAKEHOLDER'S VIEWS AND OPINIONS ...... 5-12 5.6 CONSULTATION RESULTSlvlEWS AND OPINIONS OF STAKEHOLDERS ...... 5-13 5.7 RAP PREPARATION ...... 5-14 5.8 PUBLIC NOTICE ...... 5-14 6 IMPACTS ARISING FROM THE PROPOSED UPGRADING OF THE ROAD...... 6-J

6.1 INDIRECT IMPACTS ...... 6-1 6.2 DIRECT IMPACTS ...... 6-1 6.3 IMPACTS ON LAND, PROPERTY (CROPS AND HOUSES) ...... 6-7 7 COMPENSATION PROCESS AND STRATEGY ...... 7- I

8 ORGANIZATION RESPONSIBILITIES AND IMPLEMENTATION OF THE RAP ...... 8-1

&.1 COMPENSATION RESPONSIBILITIES ...... &-1 &.2 INSTITUTIONAL INVOLVEMENT AND ROLES IN COMPENSATION/RESETTLEMENT ...... &-1 &.3 ELIGIBLE PERSONS FOR COMPENSATION ...... &-2 &.4 FORMAL NOTIFICATION ...... &-3 &.5 CUT OFF DATE ...... &-4 Feasibility Study and Detailed Design (if Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

8.6 GRIEVA:-.ICES ...... 8-4 8.7 REGISTRATION FORM AND RECORDS ...... 8-5

~, 9 V ALUATION OF ASSETS AND LOSSES...... 9-1 I

9.1 BUILDINGS AND HOUSES ...... 9-1 9.2 BOUNDARIES AND FENCES ...... 9-I 9.3 TREES AND CROPS ...... 9-2 10 IMPLEMENTATION PROCEDURE ...... 10-1

10.1 IMPLEMENTATION RESPONSIBILITIES AND PROCEDURE ...... 10-1 10.2 FRAMEWORK FOR COMPENSATION ...... 10-1 10.3 PAYMENT PROCEDURE OF COMPENSATIO:-.l ...... 10-1 10.4 TIME SCHEDULE FOR lMPl.EMENTATION OF THE RAP...... 10-2 11 COSTS ESTIMATES ...... 11-1 12 MONITORING AND EVALUATION ...... 12-1

12.1 PURPOSE OF MONITORING AND EVALUATION ...... 12-1 12.2 MONITORING INDICATORS ...... 12-2 12.3 MONITORING AND EVALUATIO:-.l REPORTING ...... 12-6 12.4 PROGRAMME FOR MONITORING AND EVALUATION ...... 12-6 13 CONCLUSION ...... 13-1

..

ii Feasibility Study and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

LIST OF TABLES

.~ Table Description Page No. I Table 0-1 Summary of Issues from the PAP xii

Table 0-2 Summary of Cost Estimates XVI Table 4.1 Total Population by Sub County and Sex 4-2

Table 4.2 Population by function by Age 4-3 Table 4.3 4-4 Koboko Socio economic data Table 4.4 District Household Incomes 4-7

Table 4.5 Social infrastructures along the project Road. 4-10/12

Table 5.1: Locations of Public meetings with project affected people 5-4/9

Table 5.2 S takeho lders' Roles/Responsibilities 5-11

Table 5.3 Summary oflssues from the PAP 5-l3

Table 6.1 The potential negative environmental impacts 6-4/5

Table 6.2 Suggested Mitigation Measures 6-6/7

Table 6.3 Land Acquisition estimates 6-7 Table 6.4 Buildings and Structures 6-8

Table 8.1 Entitled type of property to be compensated 8-1

Table10.1 Tentative schedule for the implementation ofthe RAP 10-3

Table 11.1 Valuation Costs Estimate (Ug.Shs) 11-1 Table 12.1 Indicators to be monitored for Vurra-Arua-Koboko-Oraba Road 12-4-5

iii Feasibility Study and Detailed Design ofVurra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

LIST OF ABBREVIATION

AIDS Acquired Immunodeficiency Syndrome

AOI Area ofInfluence

HC Health Centre

HH Household

EIS Environmental Impact Statement

DC District Commissioner

DEO District Environment Officer

LC Local Council

NEMA National Environment Management Authority

NGO Non Governmental Organization

M&E Monitoring and Evaluation

MoW&T Ministry of Works and Transport

PAP Project Affected Persons

RAP Resettlement Action Plan

ROW Right of Way

UNRA Uganda National Roads Authority

"'

iv Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

TERMINOLOGIES AND DEFINITIONS Community Based Organizations (CBOs) Small representative groups which normally operate voluntarily at the village 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. Non-Governmental Organizations (NGOs): These are legally registered organizations working outside government frameworks and are engaged in development activities to compliment Government programmes. Entitled Persons (EPs) Entitled Persons are PAPs who either qualify for, or are entitled to, assistance and/or 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 Ugandan Law. Head of the Household Head of the Household is defined as the eldest member of the 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 unless the exigencies of work prevented any ofthem from 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 title holder. 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.

v Feasibility Study and Detailed Design of Vurra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Private Property Owners Private property owners are persons who have legal title, or no title to structures, land or other .. assets and are accordingly entitled to compensation. In the case of a joint title deed, the 1 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 or 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 oftheir 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. All 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 compensation or rehabilitation of their livelihoods 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 realize the benefits ofthe project outcomes. It mainly includes: • Restoration (or compensation) of affected 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 ofpollution); • Restoration of or compensation for affected private and public enterprises; Vulnerable Groups Vulnerable Groups are PAPs who are more vulnerable than ty.pical 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:

vi Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

• Woman - headed households; • Widows and widowers; • Indigenous population • Orphans and those with Disabilities

The socio-economic survey of PAPs provided the data necessary to identify members of vulnerable groups in the project corridors. Children and 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 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 payments and interest payments on deposits).

vii Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

EXECUTIVE SUMMARY The Government of the Republic of Uganda has received financing from the International Development Association (IDA) toward the cost of Road Development Program Phase 3 Project (RDPP3) and intends to apply a portion of the funds to eligible payments under the consultancy services for the feasibility studies, detailed engineering design, and preparation of pre­ qualification and bidding documents for the upgrading and assistance in the bidding to paved(bitumen) standard ofthe Arua-Koboko-Oraba road.

Background to the project The project road traverses through three main districts namely: Arua District, Maracha-Terego District and the The project road can be divided into four links, Vurra Custom Corner through Eruba to Arua (l6.6km);Arua to Manibe(6.6km); Manibe to Koboko(50km); and Koboko to Oraba(l9km).The Vurra-Eruba Customs Corner section (9.6km) is gravelled surface which the Eruba-Arua (7km) is paved and forms part of the recently constructed Arua- trunk road. The Arua to Manibe Link, which starts at the roundabout at the outskirts of the Arua­ Nebbi road, consists of 4km paved (bituminous) section through the Arua Township to the Arua Airstrip and 2.2km of graveled surface road to Manibe. The Manibe to Koboko Link (50km) is gravelled surface. The Koboko to Oraba Link (19km, end of project road located at north western Uganda border with Southern Sudan) is also gravelled surface.

Objectives of RAP The objective of the Resettlement Action Plan (RAP) is to provide a plan for resettlement and rehabilitation of Project Affected Persons (PAP) 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, the plan provides for the rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. More specifically, RAP aims to; • Iidentify 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 of twenty five meters (rural areas) or fifteen meters (major urban areas) on either side, of the road centreline; • Identify, through consultation, appropriate options for resettlement and compensation ofPAP which are consistent with the relevant policies of the World Bank and Ugandan laws; • To raise and spread awareness of the project and its consequences among the public in general and those that are directly affected by it in particular; • Prepare an indicative cost of thc compensation and resettlement plan, setting out strategies and schedules to mitigate adverse effects. Methodology The methodology and approach adopted in preparing this RAP is consistent with thc Government of Uganda policy framework and the World Bank Involuntary Resettlement Policy O.P.4.12

viii Feasibility Study and Detailed Design (jf VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Baseline data was collected and potential direct and indirect impacts to the affected persons identified and analyzed. Mitigation measures have been put in place to address negative impacts, and compensatory plans have been designed and recommended. This RAP report, relevant documents on resettlement plans and guiding reports on the legal framework in respect to the situation for affected people were reviewed. In addition field surveys (Valuation and strip maps), field data collection; formal and informal interviews were carried out with project-affected persons and Local Council officials. Religious and governmental institutions were also consulted. Interviews were carried out to ascertain the­ disinterested views of the project-affected persons about the compensation process.

The relevant consultations comprised two main components:

(i) Community meetings; and (ii) Interviews conducted at the village and household level on the basis of questionnaires

These consultations took place from January 2009 to March 2009(Feasibility Design Phase) and April to June 2009(Detailed Design Phase). -See chapter 5 for Public Consultations with project affected people and organizations

During these meetings, land acquisition issues were highlighted and the land acquisition requirements of the Vurra-Arua-Koboko-Oraba road were emphasized. Frequently raised enquiries of the potentially affected people were answered. Consultations included public meetings and interviews with key stakeholders. In addition, informal discussions were held with transport operators (truckers, taxi operators and vehicle owners and drivers, and bus inspectors). A sequence of meetings will continue mainly with those directly impacted by the road including structured discussions with local leaders and affected women and vulnerable persons during the implementation phase.

The purpose of the socio-economic study was to identifY affected people (including owners and users of land) and the impact on their property and their production systems. The nature of human settlement along the road is intermittent and the project road area is fairly populated. The majority of people living along the road are engaged in subsistence agriculture. However, there is limited commercial trade in some trading centres which basically is buying and selling of essential household goods.

Impacts The indirect impacts will stern from multiplier effects on ecosystem and human habitat, induced by increase in traffic volumes and greater accessibility throughout the project area. The impacts of the proposed road are assessed in relation to the construction phase and the post construction phase. The Construction phase includes all impacts resulting from upgrading of the road and the activities of road construction itself. These will largely be under the control of the Supervisor/ Contractor under the Client (UNRA) Overall, the upgrading of the Vurra-Arua-Koboko-Oraba road will create job opportunities for workers to be recruited along the project road. There is much anticipation among the roadside

ix Feasibility Study and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report communities that local labour will be employed on the road project, especially to carry out manual and unskilled tasks. The semi skilled and unskilled positions would include: drivers, traffic guideslflag bearers, chain men, Manson, casual labourers, watchmen, etc. The number of local people who could be employed by the project will be in the region of 300-400 people The potential impact on flora is considered medium and is both short and long-term. The most important aspect of the project that may impact on vegetation is the need for cooking energy by the construction workers as opposed to clearing during construction. Impacts in terms of land take, destruction of buildings, loss of trees and crops, and loss of livelihoods will be minimal since the road improvements will largely follow the existing road alignment.

A potentially high impact is the possibility of a new charcoal production industry in the project area where there is substantial woodlands. There are two possible scenarios: Increased urbanization, and enhanced immigration rates along the project road, hence greater localized demand for firewood and easy transportation of charcoal and firewood to larger urban centres beyond the project area. UNRA will be in charge of implementing the project in consultations with other key stakeholders (National and Local Government Institutions). The Authority is responsible for all major roads in Uganda, hence coordination and collaboration with other stakeholders of the project will be ensured. Monitoring/support supervision, sourcing for funds, ascertaining extent of compensation/resettlement, ascertaining PAP, determining final alignment, coordinating between different stakeholders, and resettlement guidance will all be the responsibility of UNRA.

x Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report r-T_ab_l_e_O_-_2_:__S_u_m_m_ary-,,-o_f_I_s_su_e_s_fi_ro_m_~t_he_P_A_P..,--_... .. ____-., I Issues/concerns Remarks I ' People prefer being paid cash through a bank. Each No buildings houses for the pr~ject affected people , PAP would open a bank account where money .~ could be deposited, rather than cash to be paid ! Step back on existing land encouraged rather than • through individuals. moving to new areas

; m_-,--____-l-I---,._-:-:-____--,-_--:-___---__-, ! Lack of legal title to land and assets that would be All affected people have been recorded during the affected and thus fears that their entitlements may RAP • not be recognised; . nc~mpletebUilding/ongOing construction ,land To be addressed during the expropriation and transfers and ongoing construction, especially compensation phase by UNRA with regard to inherited land, and thus about 'r:difficulties that may be encountered in getting Structures identified except issue of cut of date to compensation and/or legal recogn ition as owners; . be de-,t_e_rm---,-in_e._d_b_y-,---U-:N_RA--,--__--,-__--=_--:-::---:--i bActual compensation date/ period To be determined by UNRA and will be I communicated to PAP's

~ngs up of Grievance Committees were agreed The composition of the grievance committees and upon. The membership will comprise (LCI, an when to be determined by UNRA elder/opinion leader, a woman ,a member from the PAP, an active CBO or NGO within the locality. • and two technical people(UNRA and Lands or a i Consu__lt,-,an",-tL,) -,-----,---~-----:------r--_:__-,-~----::-r--c- ______I Recei~ing fair compensation for expropriated land I In the interest of UNRA as per the Constitution of and assets including mechanism for making Uganda and regulations

I expropriation payments , I ! Needing more information on the land acquisition I Shall be availed in the process of the land process ,. acquisition and compensation Land expropriation and compensation (private, UNRA common, pasture lands, crops and assets etc)

• Impacts on livelihoods (Le. animal husbandry; Monitoring by UNRA as contained in RAP

I access to farm/grazing lands); There is shortage of water, electricity and other· Ministries responsible to address the general ! infrastructure in many communities concerns, but those that are affected by the project to be addressed by UN RA as contained in RAP

Land expropriation and compensation (private, To be done in accordance with the UNRA and common, pasture lands, crops and assets etc) Consultants Community relations; and Management and!

monitoring ofthe road works; I -~------,--:-----,------~ Affected persons, irrespective of their status (whether they have titles, legal or non legal rights) are eligible for some form of assistance if they occupied the land before the entitlement cut-off.

xi Feasibility Study and Detailed Design of Vurra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

The entitlement cut-of refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, new cases are not to be entertained. The key determinant for compensation is on the basis of a pre-project census during which all residents were identified. The following is a summary of valuation estimate costs.

Community Participation and Consultation In preparation of the RAP Local Council leaders and road side communities were consulted to consolidate community/stakeholder participation in compensation and resettlement activities. They expressed high expectations regarding project related opportunities and therefore accord it high priority. Their participation was invaluable and will continue to be so during implementation of the RAP. Meetings were held with UNRA, MLHUD, Arua/Terego/, Koboko District, NGOs and others.

Organizational responsibilities and institutional roles In terms of compensation and resettlement, the overall responsibility, lies with UNRA, The Ministry of Lands, Housing and Urban Development (MLH&UD) is a key player whose responsibilities will be in setting out compensation principles, approving valuation schedules and ascertaining the compensation rates. Following determination and characteristics of all project affected persons (PAP), the valuation of assets to be compensated and preparation of the complete list, the onus of executing the RAP falls on UNRA .Given the multiplicity of functions under UNRA and the importance of carrying out the compensation exercise in a timely and efficient manner, UNRA is advised to sub-contract the services of a consultant for this purpose. The consultant would make all payments to the beneficiaries already identified and approved by the Chief Government Valuer ( Ministry of Housing, Lands and Urban Development), and any other PAP who may be identified in the course of construction. Other institutions are the local councils and chiefs in the project area and their role is ascertaining ownership, general community mobilization and sensitization, immediate adjudication over ownership and boundaries and receiving complaints.

Grievance procedures Grievance committees that will have been established for the purpose of' resettlement implementation and scrutinizing the interests of the affected people will be informed about the registration. During the preparation of this RAP composition of ad-hoc grievance committees were proposed and will have to be agreed upon by the Client and the Ministry of Lands, Housing and Urban Development. The Grievance committees should include members from the respective villages, village elders, representatives of the PAPs, Chiefs and members of the Area Land Committed/District Land Boards and voluntary development organizations (NGO and CBO), if any, in the project area. The registration process is intended to involve different parties in different villages in the resettlement/compensation process to avoid disputes or

xii Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

misunderstandings at a later date. A grievance form has been provided in this RAP (See Annex 7). Registration forms should be prepared to ease the task. More so, this will ensure that Project Affected Persons take an active part in the monitoring of the resettlement activities (Participatory Monitoring). Monitoring reports will be submitted to UNRA and key stakeholders: the World Bank and Government of Uganda. Reports will be submitted on a quarterly basis. Funding provisions for the monitoring and evaluation activities will be put in place in time to avoid delays in project implementation. Monitoring should assess in particular the situation of the vulnerable groups such as small and marginal landholders, unskilled labourers, mobile vendors, tribal populations, women, and children, the elderly and disabled persons. Baseline survey data that has been provided in the RAP document is necessary to provide the benchmark for measuring and evaluating the success of the RAP. This is important for the Implementation team prior to resettlement to scrutinize such data. Monitoring will cover the physical progress of the resettlement site including provision of infrastructure for markets and road side amenities.

Implementation schedule UNRA is responsible for implementation of the RAP as part of the road upgrading project. The GoU, through UNRA, will technically and finanCially assist PAPs with re-establishment of their livelihoods and social and economic networks. RAP is a development package, not simply a welfare solution. It will encourage PAPs to help themselves, by enabling them to actively participate in the selection of appropriate compensation and assistance options. A tentative Schedule for the implementation of the RAP is proposed in Table 10.1.

Compensation System Affected persons irrespective of their status (whether they have formal title or not) are eIigible 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 land acquisition and compensation for crops and buildings was carried out. Thereafter, no new cases will be entertained.

The categories of PAPs eligible for compensation are people who lose productive assets, including land and permanent crops, people whose houses enchroach on the works and therefore need to be removed, people who are indirectly affected by the project by loss of income and livelihood and any other group of persons entitled to compensation according to the laws of Uganda.

New comers after resettlement surveys (land and Valuation are not eligible to compensation or any form of resettlement assistance.

Although initial formal notification to the affected people about the project was achieved during the community meetings and in the sub counties, it is more formal notices shall be issued especially during the valuation surveys.

xiii Feasibility Study and Detailed Design ofVlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

It is expected that an number of complaints and grievances will be raised about aspects of the resettlement planning. A compensation appeals system will be put in place to attend to complaints where possible but refer those requiring administrative and legal remedies to the rightful institutions such as the District Land Board, Administrator General's office and to Courts of Law

Payment procedure of Compensation To avoid some people being disadvantaged in the process of development, it is important to minimize resettlement effects. If resettlement is unavoidable, appropriate remedies shall be agreed between UNRA and CGV.

Two of the most important aspects of the Rap will be resettlement/compensation of persons whose houses will need to be removed and compensation to entitled persons for loss of land and crops either temporary or permanent.

A Compensation Monitoring Team (CMT) will be formed to pay compensation to the affected families, monitor and evaluate implementation of the RAP for UNRA. The CMT will work closely with the Sub County and local council Chairperson's leaders to address complaints and grievances by the affected communities.

Financial resettlement or compensation to be paid shall be based on the Valuation Report approved by the CGV. The Valuation Report shall contain lists of the PAPs and their properties atIected which Government will use as a basis for ascertaining the lawful property affected persons during compensation.

Compensation payment will be undertaken transparently, expeditiously and a customer friendly manner.

Any PAP with a complaim will be advised to submit the complaint in writing through the local council chairperson and the Sub County Chief for onward submission.

xiv Feasibility Study and Detailed Design of Vurra-Arua-Kobolw-Road Resettlement Action Plan Final Detailed Engineering Design Report

COST ESTMATES

The estimated cost for compensation and the PAP relocation is shown below. It presents the compensation costs and other costs related to this compensation.

Table 0-2: Summary of Cost Estimates

I Estimated---,-I-D-j-st-u-r-ba-n-c-e------,'-To-ta-I-C-o-m-p-en-s-at-io-n- I Item I Numbers · Value · Allowance 15% Estimate (Ug. Shs) (Ug. Shs) (Ug. Sbs) I i I Land I 287.97 Ha 3,174,479,432 1 476,171,915 I 3,650,651,346 i

• Buildings/Structures & • 1,097 3,961,381,700 594,207,255 i 4,555,588,955 Crops/Trees I

ISub Total Costs 8,206,240,301 ...... Local • Government/Institutional • Lump Sum 50,000,000 i Representative's

allowances i Total .2")6.240.

NB: See Annex 8 for details of compensation costs

Monitoring and Evaluation The purpose of the monitoring and evaluation is to report on the effectiveness of the implementation of the Resettlement Action Plan (RAP), covering physical resettlement, disbursement of compensation (financial resettlement) and effectiveness of the public consultation amongst others. It helps to assess whether mitigation measures under the law are effective and address the social impacts on the communities, to measure success of financial compensation as a mitigation measure in minimizing social impacts to monitor the need for and implementation of corrective actions and to verify performance of the road contractor, sub contractor and project consultant.

Monitoring of the compensation and resettlement processes will be based on social indicators from the participation process, in the upgrading ofVurra-Arua-Koboko-Oraba road, as follows: • Number and percentage of affected households consulted during the planning stage; • Level ofdecision making of affected people; • Level of understanding of project impacts and mitigation/resettlement options and awareness; • Effectiveness of local authorities to make decisions: • Frequency and quality of public meetings; degree of involvement of women or vulnerable disadvantaged groups in discussions.

xv Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

The following social indicators, for monitoring of the implementation plan, have been considered: • The appropriateness ofthe relocation sites i.e. step back; • income ofaffected peoples; • Effectiveness of compensation payments and procedures • The appropriateness of the grievance mechanism • Mechanisms for assisting vulnerable groups.

Implementation of land acquisition and compensation of the affected communities will be carried out in accordance with the provisions of the RAP to ensure success. Internal and external (independent) monitoring and evaluation will be carried out. The internal monitoring will be carried out by UNRA by checking particular indicators to ensure that all the responsible units follow the schedule, plan, and provisions of the RAP. Monitoring and evaluation will be purposely undertaken to ensure that checks and balances are effectively handled. Internal monitoring will be on going until the end of the programme.

xvi Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

1 INTRODUCTION

1.1 Background to the Project The Government of the Republic of Uganda has received financing from the International Development Association (IDA) toward the cost of Road Development Program Phase 3 Project (RDPP3) and intends to apply a portion of the funds to eligible payments under the consultancy services for the feasibility studies, detailed engineering design, and preparation of pre­ qualification and bidding documents for the upgrading and assistance in the bidding to paved(bitumen) standard of the Arua-Koboko-Oraba road.

The Arua-Koboko-Oraba road is part of the Uganda National Roads Network. The road lies in the Arua District which was subdivided into three districts in 2006. These districts are known as Arua Municipality, Maracha-Terego and Koboko. The capital town of the Koboko district is Koboko. Due to some political problems, the capital town of Maracha-Terre go has not been designated and until the problem is resolved Arua will be considered as the district capitaL

The project road traverses through three main districts namely: Arua District, Maracha-Terego District and the Koboko District The project road can be divided into four links, Vurra Custom Corner through Eruba to Arua (l6.6km);Arua to Manibe(6.6km); Manibe to Koboko(50km); and Koboko to Oraba(19km).The Vurra-Eruba Customs Corner section (9.6km) is gravelled surface which the Eruba-Arua (7km) is paved and forms part of the recently constructed Arua-Nebbi trunk road. The Arua to Manibe Link, which starts at the roundabout at the outskirts of the Arua­ Nebbi road, consists of 4km paved (bituminous) section through the Arua Township to the Arua Airstrip and 2.2km of gravelled surface road to Manibe. The Manibe to Koboko Link (50km) is gravelled surface. The Koboko to Oraba Link (l9km, end of project road located at north western Uganda border with Southern Sudan) is also gravelled surface.

The upgrading of the proposed Vurra-Arua-Koboko-Oraba to bitumen standards will affect communities along the proposed acquisition of the road reserve of 50 meters in rural area and 30 meters in the urban areas (Mo WT Classification of Roads, Design Manual 2007). This is particularly true of areas where the upgraded road will pass through people's properties and dwellings. This may lead to involuntary displacement of people within the Right of Way (ROW) thus resettlement and compensation. Because involuntary displacement disrupts and impoverishes communities, it should be avoided, or at least minimized. If displacement is inevitable then displaced persons should not only be adequately compensated for their losses, but they should be given opportunities to share in road project benefits, and assisted in improving their livelihood.

1-1 Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Map 1: Location of the project road

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The Consultant internalized the requirements of UNRA Land Acquisition Draft: Manual April (2009) which spells out three phased activity for RAP and land acquisition. These are as follows: Phase l:Initial Assessment for RAP, Phase 2:Survey and Valuation: Phase 3:Compensation Payment).The Consultant understanding of the ToR is that a Preliminary/Initial Resettlement Action Plan(RAP) is what will be done and achieved in the proposed time framework. The initial RAP has been undertaken to ensure that a systematic assessment of potential losses is made and action taken to minimize damage or loss to project affected people. RAP considers loss of access to resources( crops, woodlots, wells, business, services) or temporary displacement due to construction( e.g. earth moving etc).

The report is based upon the following sources:

• Broad consultation "vith project stakeholders (National and Local level)

• Rapid surveys on the proposed road alignment(Vurra-Arua-Koboko-Oraba)

• Socio-economic surveys and sample household of the alignment

• Valuation, estimates of affected properties

• Social economic environmental study report.

1.2 Project Activities The construction works on the Vurra-Arua-Koboko-Oraba road will include the following activities: site clearance and earth works including some very minor re-alignment; pavement construction; provision of shoulders, road side amenity, bus bays; provision of climbing lanes; road marking and road signs; and, provision of bus bays parking near trading centres.

The width of the bitumen surfaced carriageway will be 6.5 m, with shoulders generally of 2m width, but possibly reducing to 1.5m in some places (according to terrain). The project road will follow the existing alignment as closely as possible, compatible with design standard and road user safety and comfort requirements. However, some minimal realignment may be necessary, particularly at bridge approaches. New drainage structures, including bridges, will be constructed or rehabilitated, while junctions and accesses will be improved in line with safety and capacity requirements.

Some of the main activities that will be associated "vith the road upgrading include but are not limited to: • Establishment of construction camps; • The establishment of temporary and permanent accommodation; • Earthworks • Construction of workshops; • Transportation of construction materials and equipment:

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• Water abstraction; • Recruitment of labour force; • Construction of detours and access routes; • Borrow pits and material extraction; • Crushing and screening of materials; • Screening, mixing and stockpiling of aggregates; • Heating of bitumen and aggregates separately and then jointly using energy; • Construction of drainage structures, e.g culverts, bridges; • Excavation of side drains, mitre drains and cut off drains; • Pavement construction; and construction oferosion protection works.

1.3 Objectives of the Resettlement Action Plan (RAP) The Resettlement Action Plan (RAP) aims to ensure that the losses incurred by affected people are addressed and that Project Affected Persons (PAPs) share project benefits. In addition, they are assisted to develop their economic potential in order to improve or restore their incomes and living standards to previous levels and are not worse off than they would have been without the project. Specific objectives were to To achieve this, the plan provides for the rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. The specific objectives of this Resettlement Action Plan (RAP) and Land Acquisition Plan (LAP) 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 of twenty five (25) meters on either side of the road on the sections of realignment or widening along the road and fifteen (15) meters either side in urban areas; • to estimate the preliminary costs necessary for resettlement/land acquisition; • to identify, through consultation, appropriate options for resettlement and compensation of project affected persons (PAPs), according to the World Bank Resettlement Policy Frameworks Operative Policy (0 P) 4.12; • to raise and spread awareness ofthe project and its consequences among the public in general and those that are directly affected by it in particular; • to ensure that any displaced persons receive compensation due to them and are not disadvantaged by the project; and • to prepare a Resettlement Action Plan (RAP) which sets out strategies and schedules to mitigate adverse effects. The RAP will set the parameters and establish entitlements for project affected people (PAP), the institutional framework, mechanisms for consultation and grievance resolution, the time schedule and the budget, and propose a monitoring and evaluation system. The agreed entitlements package will include both compensation and measures to restore the economic and social base

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1.4 Outline and contents of RAP report According to the Tenns of Reference by Uganda National Roads Authority (UNRA) requested that a Resettlement Action Plan (RAP) be a standalone report though the ESIA will infonn the RAP process and report. The report is based on UNRA Land Acquisition Management System April 2009. This is a guide to the management of land acquisition of the road reserve for UNRA and its suppliers to clarifY the roles and responsibilities of all parties, and to give step guidance to the implantation process. It has further taken into account Wodd Bank Resettlement Operatives Policy(OP) 4.12

The following are the contents of the RAP

• Introduction and project background

• A review of the policy, legal framework and institutional framework

• Census and socio-economic survey infonnation in the project area, i.e characteristics of PAP, eligibility, venerable groups;

• Assessment of project impacts, land acquisition and resettlement

• compensation entitlement criteria, assistance and strategy

• Framework for public participation, consultations, grievance redress and participation strategy

• Proposed road reserve and notices

• Resettlement cost estimates and budget for implementation of RAP

• Implementation arrangements and schedule

• Monitoring and evaluation

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2 APPROACH AND METHODOLOGY

The methodology and approach adopted in preparing this RAP is consistent with the World Bank Involuntary Resettlement Policy and Government of Uganda resettlement policy. Resettlement planning is effected whenever displacement/relocation of project-affected persons is part of project activities. Baseline data was collected and potential direct and indirect impacts to the affected persons identified and analyzed. Mitigation measures have been put in place to address negative impacts and compensatory plans that have been designed and recommended. For this RAP report, the following activities were carried out, • Literature Review: This involved reviewing mainly policy and legal framework with the intention of an advice to UNRA or the omissions or suggestion for improvement. The review further includes social economic status, community structure, land use, infrastructure and services profile along the existing alignment. Much of the literature reviewed was current and relevant to the resettlement plan. • Field Surveys: Reconnaissance surveys using interview instruments (January-June 2009) were carried out along the alignment to screen out people's resources, facilities and services to be affected 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. • Community participation with the project affected people in this RAP refers to a range of activities that members of the beneficiary community can do to assist in planning and/or implementing the resettlement action plan. • Rapid Beneficiaries Assessment (RBA) was used as a qualitative research tool involving systematic consultation with project beneficiaries and other stakeholders to obtain their views on a planned upgrading of the Vurra-Arua-Koboko-Oraba-Road intervention. Beneficiaries Assessment helped beneficiaries to identify any potential constraints to their participation in the RAP, and obtained feedback on reactions to an intervention during implementation. These complimented the broader social development issues that had already been analyzed through the Social Impact Assessment (SIA), where the needs and interests of key stakeholders have been identified. The rapid beneficiaries' assessment helped to identify any factors that would make it difficult to generate intended benefits. Critical examination was mainly focused on the nature of people to be relocated/displaced, community resources to be affected and the nature of economic activities and means of livelihood to be disrupted as a result of the project. • In addition field surveys, field data collection; formal and informal interviews were carried out with project-affected persons and Key stakeholders in respect to the Resettlement Action plan, These included but not limited to: UNRA Officials, District Officials, Uganda Aids Commission; Ministry of Health (Arua and Maracha Hospitals) Ministry of Land, Housing and Urban Development: Local council officials (LCV -LC I), and representatives of NGOs and CBO peoples organizations in the area.

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2.1 Public Consultations and Discussions with Project Affected People (PAP's) Various discussions were held with Officers in UNRA (Land Acquisition Specialist), Ministry of Housing, Land and Urban Development, Government Chief Valuer, District Physical Planners (Arua and Koboko) and Town Planners, Local Council Officials (LCV-I).

Comprehensive consultations were held with communities along the alignment, during the environmental and social impact assessment phase and the preparation of this RAP (See Annex 1, 2, 3, 4, 5 and 6). The discussions elucidated the current development potential to be affected by the resettlement process, at construction and after construction stages; attitude towards resettlement, compensation, and land takes.

2.2 Scope of Land Acquisition and Resettlement

2.2.1 Steps taken to minimize land acquisition and resettlement Impacts

Steps taken to minimize land acquisition in major towns/urban centres i.e in Vurra, Okokoro, Ovision, Koboko and Oraba carriage way would be maintained without necessarily acquiring the 50 meters. Instead 30 meters would be adequate. It is envisaged that about 1097 persons will be affected as a result of the construction of the road, because their land will be acquired, or that they will be dislocated, their property and crops will be destroyed or may suffer all of the above. Where land acquisition is inevitable, the affected communities' have been given the option to resettle as near to their relatives/ areas/ friends as possible, so as to minimize undesirable social costs of re-integration in totally new areas/communities. Public Institutions such as Health centres (Maracha and Koboko hospitals), Schools (Kijomoro primary School), health centres (Oleba) and Ovujo Catholic church will be affected as part of their compounds will be acquired as part of the road reserve.

Though cultural sites and monuments such as at Vurra customs (Grave for soldiers), Koboko Hill/rock, Burra cultural and Kejebe cultural, are located within the road reserve, since these sites do not impair visibility, it was agreed with UNRA and the community that they should be left intact.

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3 POLICIES, LAWS AND ADMINISTRATIVE FRAMEWORK

3.1 Legal framework, laws and regulations The following legal instruments provide the legal framework for compensation and resettlement in Uganda: • The Uganda Constitution (Amendments) (No. S land 2)Act of2005. • The Land Act, CAP 227, 1998 and the Land Regulations, 2004(SI 100-2004) • The Local Government's Act 1997 • The Town and Country Planning Act, 1964 • UNRA Resettlement/Land Acquisition Policy Framework,2002 • The Access to Roads Act,1965 • Valuation Act 1965 • The Land Acquisition Act CAP 226,1965 • The Registration of Titles Act CAP 230,1924 • The Roads Act CAP 358,1949 • The Survey Act CAP 232,1939 • The Surveyors Registration ACT CAP 275,1974 • Local Bylaws: and • World Bank Involuntary Resettlement Policy Framework (O.P) 4.12, November 2003

The Uganda Constitution 1995 is the supreme law in the country. Article 237(1) of the Constitution vests all land in Uganda in the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government may acquire land in the public interest. Article 26 provides that every person has the right to own property and no person shall be compulsory deprived of property or any interest in or right over property except where acquisition is necessary for public use and where compulsory acquisition is made under a law which provides for prompt payment of fair and adequate compensation prior to the taking of possession or acquisition of the property and there is a right of access to a court of law by any person having an interest or right over the property.

The Constitution also prescribes the tenure regimes in accordance with which rights and interest in which land may be held (Customary, Leasehold, Maiio, and Freehold). It provides procedures to follow during the acquisition of land in the public interest and provides for the "prompt payment offair and adequate compensation" prior to taking possession of land.

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The Land Act 1998, CAP 227,1998 and the Land Regulations, 2004(SI 100-2004) This is an Act to provide for land tenure in Uganda. The Land Act addresses land holding, .­ management control and settlement of disputes. Any developer should seek to enter into mutual agreement with the occupier or the landowner upon payment of compensation. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Committees (PLC) and Land Tribunals. Section 78 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by DLBs. Value for customary land is the open market value. Valuation must be done by a qualifIed and authorized valuer. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda the right to own property. The Vurra-Arua-Koboko-Oraba road is mostly composed of a customary (bona fIde Occupant) and public land Ileasehold tenure systems. Customarylbona-fIde occupant land is the most dominant tenure system along the road. The land regulations 2004 provides for registering of communal lands there is no single registered communal land along the Vurra-Arua -Oraba-road traverse to be acquired. It is therefore suggested to UNRA that during the compensation and expropriation of land it could have an impact to the process. The customary land tenure system, however, has the disadvantage of having no written records for easy reference, which makes it difficult to resolve land conflicts. Customary land is not surveyed so as to have fIxed boundaries, neither are there kept written records of owner and change of ownership. Available information depends on the memory of the concerned individuals. Cases of grievances may arise as a result of inheritance in case ofa family dispute.

The Land Acquisition Act CAP 226,1965 The land Act Acquisition Act CAP 226, 1965 provides for proVISIOn for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected therewith. Section 2 allows an authority to enter and examine land for any surveyor preparatory work, for example during feasibility, preliminary and detailed design, as long as. compensation is paid for any resulting damage to property. Section 3 requires the Minister to make declaration that land is required by Government for public purposes, through a statutory instrument, which specifIes the location and approximate area of the land to be acquired, and a place and time at which the plan of the land may be inspected. The declaration is to be served on the registered proprietor, occupier or controlling authority of the land.

The statutory instrument to this em~ct has not been issued and therefore UNRA is advised to expedient the declaration through Uganda Gazette as provided for under section 3.

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The Registration of Titles Act CAP 230, 1924 Including The Land (Amendment) Act, 2004 and Statutory Instrument 230-1.The Registration of Titles (Attestation of Documents )(Authorized Witnesses )Instrument. This is an Act relating to the transfer of land and registration of titles. Section 150 requires that all surveys required by the register shall be made in accordance with the requirements of the Commissioner of Lands and Surveys, and no plans shall be accepted by the registrar unless they have been authenticated by the signature of the commissioner or someone authorized by him or her in writing. The Act is silent on pieces of lands that were in the process of titling (uncompleted processing of acquiring a certificate of title),

The Roads Act CAP 358, 1949 The Act allows the Minister to declare, by statutory instrument, an area bounded by imaginary lines parallel to the centreline of a road to be a road reserve, which prevents any person( except with written permission of the road authority) to erect any building or plant. The current acquisition of the 50 meters of road reserve is being done without having repealed the above Act, though it is provided in the Ministry of Works and Communications Design Manual.

The Survey Act CAP 232, 1939 An act to provide for and regulate the survey of lands, Section 2 states that the commissioner for lands and surveys may authorize the carrying out any land survey provided that a notice specifying the local limits of the area affected is published in the Gazette. The government surveyors are responsible for controlling and carrying out any survey under this section. The Act has been taken by events in that registered surveyors can undertake the surveys not necessary working with government survey departments. UNRA as a developer on behalf of government should provide a notice specifying the area to be affected and publish them in the Gazette.

The Surveyors Registration ACT CAP 275,1974 Act to provide for the establishment of a Surveyor Registration Board, to define the powers and functions of the board, to provide for the registration of surveyors and for other matters connected therewith. The Act provides for a Surveyors Registration Board to be established to ., regulate and control the profession of surveyors and the activities of registered surveyors in Uganda.

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The Access to Roads Act CAP 350,1969 An Act to provide for the procedure by which a private landowner who has no reasonable means of access to a public highway may apply for leave to construct a road access to a public highway and for other purposes connected therewith. The implication of this act is that where land acquisition will affect an existing access to the project road, this access needs to be maintained and / or reinstated.

The Local Governments Act CAP 243, 1997(1ncluding Amendments in 2001, 2005 and 2006(amendments in total) An Act to mend, consolidate and streamline the existing law on local governments in line with the Constitution to give effect to the decentralization and devolution of functions, powers and serVIces. To ensure implementation of national policies and adherence to adherence to performance standards on the part of local governments, ministries shall inspect, monitor and where necessary, offer technical advice, support, supervision and training within their respective sectors. The Local Council's under this provision are expected to closely liaise with UNRA and other agencies to ensure that compensation of affected people is fairly and transparently implemented. Remunerations of their services to this exercise of compensation is not addressed under this Act. This can have an impact to the land acquisition process especially in regard to allowances and transport.

The Town and Country Planning Act CAP 246, 1951 This is an Act to consolidate the provision for orderly and progressive development of land, towns and other areas, whether urban or rural. Along the project road there are various urban centres which are not planned and therefore provisions of social services like markets, public toilets being located without a guiding detailed plan. UNRA is advised that some of the proposed amenities can be located away from the main road but within the urban centres in order to avoid linear development which at times has its own disadvantages for the gro'wth of the town.

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3.2 Resettlement Principles

The World Bank's requirements regarding involuntary resettlement are detailed in Operation Policy Framework (OP) 4.12.The Directive outlines the following principles: • Acquisition of land and other assets, and resettlement of people should be minimized as much as possible by identifying possible alternative project designs, and appropriate economic, operational and engineering solutions that have the least impact on people in the project area. • The populations affected by the project are defined as those who may stand to the consequences of the project, all or part of their physical and non-physical assets, homes, homesteads, productive lands, commercial properties, tenancy, income opportunities, social and cultural activities and relationships, and other losses that are identified during the process of resettlement planning.

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3.3 Institutional I Administrative

. .. 3.3.1 Ministry of Lands Housing and Urban Development In terms of compensation and resettlement, the prime participants are the Ministry of Lands, ... Housing and Urban Development (compensation and Valuation) and UNRA (the Lead Agency) UNRA therefore must take the responsibility for resettlement, and identification and coordination of other players. In addition Uganda Land Commission, District Land Boards, Land Tribunal, Local Councils need to be involved.

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.

3.3.2 Uganda Land Commission Land vested in or acquired by the Government of Uganda shall be held and managed by the Uganda Land Commission. Land Act section 49 states the functions of Uganda Land Commission are to hold and manage any land which is vested in or acquired by the Government in accordance with the Constitution, and they are responsible for procuring the certificates of title for nay such land.

3.3.3 National Environment Management Authority The National Environment Management Authority (NEMA) is mandated to be the "principal agency in Uganda for the management of the environment" (National Environment Act Cap 153).At district level, the responsibility of the management of environmental issues lies with the District Environment Committees. While NEMA is responsible overall for the coordination of sectoral environmental issues UNRA must ensure that environmental and social impact assessments for the road projects are adequately carried out, that mitigation is incorporated as appropriate, and that the construction process is environmentally and legally compliant. Furthermore NEMA will be responsible for monitoring the environmental and social repercussions of the road project during construction. In addition, social economic impacts will be handled through National Environment Management Authority (NEMA) and UNRA. As a result of different laws and legal instruments which apply to road- related environmental and social issues, a number ofplayers are involved at various stages on an environmental social impact assessment.

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3.3.4 Local Councils All districts in Uganda operate under a five-tier system of local government. The highest level is the Local Council Five (LCV) headed by a district chairman, followed by the LC IV, LC III, LC II, and LC I all headed by the respective Local Council Chairperson. This hierarchy is the political wing of the district administrations, while the District Chief Administrative Officers (CAO) heads the technical wing inclusive of the District Engineer. Within the district, the Resident District Commissioner (RDC) represents the Central Government. The Chief Administrative Officer (CAO) heads all civil servants in the district and is therefore the chief executive officer. The sub-counties are headed by sub-county chiefs, who co-ordinate all the district and central government development programmers at that level. Parish chiefs head the lowest administrative units, namely the parishes. The Local Council's under this provision are expected to closely liaise with UNRA and other agencies to ensure that compensation of affected people is fairly and transparently implemented. The local councils their role in the RAP have been involved in identification of the affected people, recording and ascertaining that the rightful ovvners are involved in this resettlement planning process. They will have been involved in ensuring that relevant information from UNRA through meetings reach the project affected people. The local councils will through out the entire process actively be involved in the RAP process (planning stage up to implementation).

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4 BASELINE OF INCOMES, LIVELIHOOD PATTERNS AND SOCIAL ECONOMIC ORGANIZATION ., .

4.1 Project area .. The project area lies in the districts of Arua, MarachaJTerego and Koboko districts which border with the Democratic Republic of Congo and Sudan. The sub counties that are traversed by the road are: Vurra, Arua Municipality, Manibe, Kijomolo, Oluffe, Nyadri, Oteba, Koboko, Kuluba and Oleba. The major ethnic groups in the project area are mainly Lugbara and Kakwa.

4.2 Population growth and density The popUlation in the project area grew at an average annual rate of 3.97% between 1991 and 2002. This was much higher than the growth rate observed during 1980 to 1991 which stood at 2.83. The high growth rate is largely due to high fertility levels averaging about 7 children per woman, observed over the last four decades. Given the high growth rate, the district needs to expand substantially its entire infrastructure especially, education, health, and water supply in order to enhance the welfare of its population. The population distribution in the project area is far from even. There is a relatively heavy concentration of people in the counties of Arua Municipality; Ayivu and Vurra and Koboko district, Maracha, Terego counties are moderately populated. The population density of the project, based on the 2002 census is 153 persons per square kilometre of land for Arua, and 188 persons per square kilometre for Koboko.

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Table 4.1: Arua District Total Population by Sub County and Sex

County Male Female Total

Arua Municipality 21,588 22,341 43,929

Arua Hill 7,283 7,696 14,979

Oli River 14,305 14,645 28,950

Ayivu 81,730 90,825 172,555

Adumi 19,240 21,878 41,118

Aroi 8,881 10,017 18,898

Dadamu 12,656 13,797 26,453

Manibe 10,936 12,143 23,079

Oluko 13,533 14,746 28,279

Pajulu 16,484 18,244 34,728

Madi- 45,535 48,791 94,326

Offaka 8,509 9,444 17,953

Ogoko 6,542 7,202 13,744

Okollo 5,761 6,253 12,014

Rhino Camp 7,540 8,103 15,643

Rigbo 14,165 14,567 28,732

Uleppi 3,018 3,222 6,240

Vurra 43,594 48,267 91,861

Ajia 9,034 9,872 18,906

Arivu 8,106 9,060 17,166

Logiri 11,520 12,397 23,917

Vurra 14,934 16,938 31,872

Total population in the District 192,447 210,224 402,671

Source: population and housing census 2002

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4.2.1 Functional Age Groups A very high proportion of the district population is in the young age group. 23% of the total population is children aged between 0-5 years; 22% are aged between 6-13 years (primary School going age); 54% are aged between 0-17 years. Secondary School popUlation (14-17 years) constitutes 9% of the total population. The productive age group (15-64 years) is 51 % of the total population. Only 2.5% are aged 65% and above. A young population like that of Arua District requires considerable investment in the services for children. For instance, immunization services, pre-primary and primary education, among other things.

T a bl e 4 .2 . P opu I a fIon b)y func fIOn bty Age Population of Selected Age Groups Number Percent I Proportion

Primary School Age PopUlation (6-12 Years) 174,986 21.0

Secondary School Age (13-19 Years) 138,285 16.6 I Adolescents (10-24 Years) 279,225 33.5

... ---... University Age (20-24 Years) 70,678 8.5 i Children (Below 18 Years) 460,589 55.2

Adults (18 Years and Above) 373,339 44.8

---" ~ - Youths (18-30 Years) 185,264 22.2 _ .... Working Age Group (14-64 Years) 432,851 51.9

Elderly (60 Years and above) 32,539 3.9 I Girls Below 16 (Below Official Marriage i Age) 21 25.3 I Women of Child Bearing Age (15-49 Years) i 197,650 23.7

Women 50+ Years (Above Child Bearing Age) 34,477 4.1 II Source: 2002 Population and Housing Census

Koboko had a total population of 129,200 persons (65,400 females and 63,800 males) according to the results of the National Population and housing Census of September 2002. Over a period of 12 years the population more than doubled from 62,337 to 129,200 in 1991 to 2002. The district's current population is projected to be 189,200 using an annual growth rate of 5.6%.

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Table 4.3 Koboko Socio economic data

. , Population Total I 129,200 (2002) 65,400(Females) 189,200 (Currently) 63,800(Males) i Population Density 188 persons per Sq. Km I HIV Prevalence rate 2.3%

Primary School enrolment 16,756 A verage household size 7 people

Livelihood Subsistence agriculture

I County (LC 1V) 1

I Sub Counties(LC 111) 5 Parishes(LC 11 ) 43

Villages(LC 1) 302 I Source: Koboko District Development Plan 2008/2011

4.3 Land ownership and tenure arrangement along the project road Like in many rural , land along the road (from Vurra-Arua-Koboko-Oraba) is mainly communally owned and governed by the customary system of tenure ship. Under this tenure ship arrangement, land ownership is vested in the lineage and is allocated by a father to his sons, who in tum, assign it to their wives and children for cultivation. While in theory, it sounds as if no single individual or household owns land under such tenure ship arrangement, in practice the ownership is actually vested in the users. In every community, it is clear which portion of land belongs to which household, and usually the head of the household is recognized as the defacto owner. It is also the head of the household (land owner) who has the responsibility to rent or sell out portion of such land in case of need; though this is usually done after consultation with and the consent ofthe larger members of the lineage is obtained.

As indicated above, land acquisition under the customary tenure-ship is through inheritance. This being a patrilineal society, it is the sons of the father and not the daughters who inherit the land. Women therefore tend to be excluded from owning land, although they are allowed the right of use. The male elders decide on who owns and uses a particular piece of land. This implies that women and youths are excluded from the processes of deciding land utilization issues, although they are the most active in its use especially for agriculture.

Those who want to have private ownership of land can also apply for lease offer from the state. However, before the state can grant private lease to any single individual, it has to ascertain that

4-4 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report there is no customary claim over the land in question. Usually, it has to consult with the elders, neighbours and all opinion leaders in such an area. 4.4 The Economy and Livelihood Like many Ugandan districts, the economy within the project area of influence is dependent on agriculture which employs over 80% of the total population. Fertile soils and suitable climate combine to support the cultivation of a number of crops in most parts of the district. Agriculture is mainly subsistence (79.9%) and takes place on smallholdings of approximately two acres using mainly simple farming tools (hoes, pangs and harrowing sticks). Only 0.5% of the populations are engaged in commercial agriculture. Family members constitute the single most important source of labour. Both food and cash crops are grown. The major food crops include cassava, beans, groundnuts, simsim, millet and maize. Tobacco is the major cash crop and is the main source of livelihood for the majority of the population in the district. It is grown mainly in the fertile highlands. Cotton used to be grown in the lower and drier plains but due to marketing problems, it has been abandoned. Efforts are however underway to revamp cotton production. Other important economic activities in the district include formal employment, which employs about 9% of the popUlation, petty and formal trade, which employs 3.8% and 0.7% respectively and cottage industry that employs 2.3%. The remaining proportion of the population depends on family support and other miscellaneous activities.

Tobacco is the major cash crop and is the main source of livelihoods for the majority of the people in the district. It is grown mainly in the fertile highlands. The project area actually grows much of the tobacco produced in Uganda. The biggest problem associated with tobacco cultivation is its adverse impact on the environment. Cutting of trees for tobacco curing has depleted a lot of local forest reserves. Tobacco itself also has negative effect on the food security since it is quite labour intensive and the production process takes not less than six months. Because tobacco is so labour intensive, it tends to draw away family labour from food production. Available information also indicates that years of production of tobacco have not impacted positively on the incomes of tobacco frames. Farmers need to be educated and supported to diversify their activities instead of relying exclusively on the production of tobacco. Agriculture is mainly subsistence and takes place on smal1holdings of approximately two acres using mainly simple fiuming tools (hoes, pangs and harrowing sticks) mainly for consumption at the household level. The proportion of farmers engaged in commercial agriculture is steadily increasing due to advisory services offered by the NAADS programme in the District. Farming practices in the District is mainly by use of traditional farming practices that lead to little outputs by the farmers due small size of plots cultivated. However, with changes in the farming technology especially with farmers working under the NAADS programme, the sizes of plots have been steadily increasing. Family members constitute the single most important source of labour. The current trend in the farming section still indicates that both men and women participate in agriculture but the burden is more on the women. The women also double as the

4-5 Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report major source of labour for domestic activities, which go unnoticed and not included in the national income figures. A good number of the population is engaged in various businesses, notably general merchandise, transport services, petty trade and agri-business, with very little value additions. With the recent opening of the Yei- road, business has flourished in the project area and has attracted many traders in the region. However, due to high demand of items in southern Sudan, the cost of living in Koboko District has become very high as supply does not tally with the demand for these items in Koboko and the neighbouring countries.

4.5 PAP sources of income The main source of income for the majority of the PAP was subsistence farming, followed by family business (buying and selling of food stuff, merchandize in the shops and casual labour. Women were mostly engaged in subsistence agriculture by growing food stuff for the family which comprises of maize, beans, cassava, millet and sweet potatoes From the interviews very few PAP less than 2% of the total population were in gained employment. More than 70 % of the area residents receive less than Ushs 5, 000 per month. There is however a huge disparity in terms of monthly earnings, as the lowest income is Ushs 5,000 per month while the highest income is Ushs 1,000,000 per month. However, the survey also revealed a scenario where 20.2% were receiving no income at all or they did not respond as having any source of income at all.

The survey of the PAPs gave an indication of massive unemployment standing at 38% of the households interviewed. This mass unemployment is the cause of the poverty that is prevalent in the project area. Improving the existing road would lead to the appearance of more road side markets, which would have a sequel in more people becoming engaged in gainful market activity.

Income sources are minimal in the region owing to numerous problems that are faced from time to time, such as poor infrastructure due to impassable roads means that accessing markets is a difficult task for traders. High levels of illiteracy among the people implies that they are non competitive in the labour market making gainful employment very difficult. Most of the products were sold at roadside markets implying that with the improvement of the road network in this region, more sales would take place along the roads. A large proportion of products (40.2%) were also sold at town centres. Of the households interviewed, 28.3% of the respondents confirmed that travellers buy most of the products that are sold at the roadside. 52.8% of the respondents believed that an improved road network would result in population displacement from the land, as people who resided along the road network would have a significant impact on the economy because of improved trade and transport. The survey also revealed that 88.9% of respondents believed that many travellers' stopover places would emerge and 69.7% of respondents also believed that lorry parks would develop.

4.6 The PAP household income levels Household monthly incomes from the people interviewed in the rural were less than Ush 50,000 per annum. In towns (Arua and Koboko) the monthly incomes ranged between U shs 50,000­

4-6 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

100,000 per annum. About 50% of the project affected persons (PAPs) are between the ages of 26 - 40 years. The level of education is generally low with only about 44.6 percent having received primary and middle School education and about 3.3 percent with tertiary education background. Christians dominate the populace, with about 57% of PAPs while 0.1 % is atheists. Moslems constitute 41 % and 0.8% practice traditional religion. Potable water is available to only about one percent of the PAPs while 1.3 percenf have their premises connected to the electricity grid.

Table 4.4 District Household Incomes

I District I Income levels of PAP Source of incomes

) I . Arua i Ugs.120,000-200,000 Subsistence agriculture(tobacco, maize • and business I Terrego/Maracha Ugs.1 00,000-150,000 Subsistence agriculture(tobacco, maize) . and business) ! Koboko Ugs 80,000-120,000 Agriculture (maize and beans) I Source from field survey 2009

4.7 Project Affected People (PAP) Household size The mean household size among the PAP is 7.2 persons per household, which is above the national average of 4.7 persons per household(see 2002 Population and Housing Census).This is largely due to insecurity in the neighbouring countries and also the fact of people returning back from exile and hence staying with relatives. There were fifteen (15) women headed families that constitute the PAPs that were encountered along the entire road.

4.8 Vulnerable groups Vulnerable groups within the PAPs who are more vulnerable than typical PAPs and who may suffer more, economically or socially, from relocation/displacement. The socio-economic survey of PAPs provided the data necessary to identify members of vulnerable groups in the project corridors. The survey with the PAPs along Vurra-Arua-Koboko-Oraba road falling into one of the following groups were automatically considered members of a vulnerable group: • Woman - headed households; • Widows and widowers; • Orphans and those with disabilities; • Children and the elderly Vulnerable groups that were indentified in the study were fifteen (15) women headed families, widow and widowers (12). spread along the road that constitute the PAPs. These women were mainly engaged in business along the road. They were the "bread winners" and their issue of concerns was that they be allowed to operate some of the facilities that would be provided to the

4-7 Feasibility Study and Detailed Design of VlIrra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

communities such as road side toilets and markets if possible. There were no orphans, people with disabilities, children and the elderly as part of the directly project affected people

4.9 Level of Education of PAP The survey revealed that the highest level of education attained by the majority of the poor was primary School education, as out of the total households surveyed, about 48.7% had attained primary education, while Secondary level of education had been attained by about 24.1 %, and middle level college training had been attained by at least 8.3%. The level of university education attained, as revealed by the survey, was only 0.4% of the total households surveyed. As can be seen from these tigures, the majority of people in this region seem to be missing out on college and university education.

4.10 Social infrastructure along the road 4.10.1 Access to water

According to the survey, 6.5 % of the households interviewed responded as having access to tap water in Arua town as it is the only town in the project area connected to NWSC. The rest of the project area about 49% got their water through community water points. 11.4% of the households interviewed got their water from the river, 6.6% through rain harvesting, 14.9% accessed their water through shallow wells, 63.2% of the households interviewed got their water from boreholes while 5.7% got their water from water vendors.

4.10.2 Settlement and Land use patterns According to the survey, the type of houses and homesteads are made of semi-permanent materials business practiced in this region is merchanting which forms about 30.1 %, while artisans are also widespread. According to the survey, 84.4% of the population were permanently settled while 15.2% had temporary settlements. This could be attributed to the pastoral nature of the community where, being residents of ASAL areas, they occasionally move in search of greener pastures.

4.10.3 Sources of energy The survey shows that over 86% of the households surveyed used energy sources which are environment dependent, such as firewood and charcoal. Of the 229 households interviewed, 27.3% confimled to be using paraffin, 1.9% accessed their energy from electricity, while solar power had only 0.4%. The combination of tirewood and charcoal tends to have a greater toll on the environment as the unwanted destruction of forests leads to massive soil erosion and even serious drought as water catchments are destroyed.

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4.10.4 Solid waste and sanitation Solid waste within the project area is basically from organic which is composted in the backyard for most homesteads. In the town of Arua and Koboko the amount of waste generated is substantial and is collected by the respective town councils into a dumping site. Sanitation is basically use of pit latrines almost 95 % within the project area. The affected people have no water flush systems.

4.10.5 Other services Other services expected to appear, according to the survey, include development of more water pointslboreholes, enhanced communications, (i.e. mobile network, telephone lines, post office) and increased/improved road signage would be put in place to guide travelers. In fact according to the survey, 8.3% of the respondents believed that more water pointslboreholes would be sunk, 12.4% of the respondents believed that opening up the road infrastructure would enhance communication, as the place would be more accessible as there are already an improved mobile network in place. It was envisaged that fuel filling stations would be developed and that these services would have to be available as many vehicles would travel the routes in the project area, making such services a necessity. Public utility investigations were carried out in villages and towns traversed by the project road. Only Arua town possessed electricity and functional piped water system. The extent of relocations/diversions of these services, due to the proposed road works, will be determined and associated cost estimates provided by the utility companies, being WNRECO and NWSC respectively.

4.10.6 Road benefit of business relocation Over 95% of the households interviewed believed that upgrading the road network in this region would bring substantial benefits to the residents. They believed that improvement of the road network would re-energize the growth of income generating activities in the region, that there would be a massive improvement in trade and transport. Benefits of improvements in trade and transport include increased opportunities of employment. Products can reach markets with ease; generally the survey revealed that opening this road network would have both forward and backward linkages which are good for the economy of the region. The road network will boost the development of Southern Sudan and the Democratic Republic if Congo (DRC) and hence bigger market.

4-9 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Table 4.5 Social infrastructures along the project Road.

Sub­ Trading Schools Health Units I Religious centres Other Important facilities county centre Vurra Ayalembe Ekufura Secondary School Ovisoni Queen of Africana Operu groundnuts farmers group Dispensary Vurra catholic parish Ovizioni Erarakafe Primary School Zion Methodist NUSAF-Nazareti women grinding Church mill Ezuku Primary School Tilevu (NUSAF) produce store project, Vurra co-operative and savings, St Barnabas Church Orivu village cattle rearing, ofUganda Vurra Sub county headquarters Aliomuke Agro-forestry nursery beds project and learning centre (NAADS) Vurra Customs Ayelembe market corner Nazareti women apiary Association Manibe Tanganyika Oreku Primary School Oreku Manibe Church Eucalyptus Plantations market area Dispensary Mayangau vocational and skills Manibe trading training centre centre Aroi Aroi Trading IAroi Primary School, IAroi Health River Enyau, Aroi (BAT) out growers, Centre Aliba Primary, Centre Aroi sub county headquarters, Ajara Esemayi Primary School S1. Johns Church Lokira Godo Central forest reserve Ajara Parish (NFA), Lokira godo BAT Out growers centre

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... .11 ", Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Report Sub- Trading Schools Health Units Religious centres Other Important facilities county centre Kijomoro Okokoro Kijomoro Primary School, Kijomoro River lnve, lnve Health centre BAT Out growers centre Robu primary School, lnve, Kijomoro sub county head Victory Secondary School quarters

Nyadri Olluffe Amidro Primary School, Nyadri Maracha OllutIe tobacco and wood out Health Archdeaconry growers, Kakwa Primary School, Centre headquarters Ombere youth and Carpentry group, Ovujjo Maracha Secondary sch, Eucalyptus plantations, Nyoro Primary School, Ovujjo horizon metal works(NUSAF), Koyi Midria Primary School, Maracha Nyadri farmers savings credit society, Oniba primary, Hospital Cattle market, Moiga Public Nursery School Nyadri district headquarters, St Peters educational centre Nyadri market, Ombere Burra Nyadri police station Koyi Primary School, Nyadri

Oleba Oleba Oleba public Sec Sch, Oleba Health Oleba sub county headquarters Oleba Seed Secondary Centre School, Nyarakua primary Emate primary, Kan~ ia primary - --­ ---- ,

4-11 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Sub- Trading Schools Health Units Religious centres Other Important facilities I county centre Midia(Kobo Midia Dranya Primary School, ko District) Nyangidia Primary, Anyangaku Primary, Nyangidia Secondary School Koboko Koboko town Koboko Public St Charles Koboko Hospital Hotel Pacific, Town Secondary School, Koboko Kobuko hill cultural site council Parish Koboko district headquarters, Midia Primary School Koboko town council offices, Koboko farmers one stop centre

Kuluba Kochi Kochi Secondary School, Burra cultural site, Anyakalo Primary Way Station (Kuluba refuge exchange School, centre) Kerri Kingaba Primary Telecommunications, Private Millennium Kejibe cultural site, College, Oraba Kuluba Primary School, Oraba boarder post, boarder post Alipi primary School, Oraba Lorry park, Oraba market Kaya Primary School Oraba immigration offices, Source: Field Survey June 2009

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',. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

5 PUBLIC CONSULTATIONS WITH PROJECT AFFECTED PEOPLE AND ORGANIZATIONS

5.1 Public Participation and Consultation Strategy A key strategy for implementation of the Rap to be effective is the collaboration both in the vertical and horizontal levels between communities and government representatives on the one hand and between Local Government Councillors and Government Ministries (Ministry of Justice and Constitutional Affairs, MoWT, Ministry of Lands, Housing and Urban Development) on the other. Cross sectional linkages to enhance coordination, enabling a sharing of experiences, which will permit the RAP processes to be consolidated. A key step in the World Bank policies on resettlement, land acquisition and compensation is a framework for public consultation, participation, and the establishment of a process to redress the grievances of affected people. Consultation with the affected popUlation and with officials of local government, civil society and other representatives of the affected population is essential for gaining a comprehensive understanding of the types and degrees of adverse effects.

Public disclosure is the process by which the project sponsor formally provides an opportunity for the widest range of stakeholders, both within Uganda and internationally, to comment on the RAP. The establishment of a process to redress grievances allows the project sponsor to deal with issues proactively in the interest of solving any such grievances before having to resort to use ofthe formal legal system. The guidelines emphasize the need for the project sponsor to ensure that the process of public consultation is accessible to all potentially affected parties, from national to local level to comment on the RAP. Emphasis is placed on the engagement of local stakeholders, namely people who are likely to experience the day-to-day impacts of a proposed project. On a practical level, the sponsor has to ensure that:

• All stakeholders have access to project information; • The information provided can be understood; • The locations for consultation are accessible to all who want to attend; and • Measures are put in place, which ensure that vulnerable or minority groups are consulted.

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

Local Councils The LC I and LC II officials and local communities have high expectations regarding project related opportunities and therefore accord it high priority. During the interactions, the LC officials mobilized the communities for meetings and established good cooperative arrangements. Their participation and input in the consultation process has been invaluable and

5-1 Feasibility Study and Detailed Design ofVurra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed engineering Design Report will continue to be so during implementation of mitigation and monitoring of resettlement activities.

Private Sector, Civil Institutions and NGOs Interested private sector institutions and NGOs were accorded an opportunity to participate in the resettlement activities.

To implement the RAP, a compensation Monitoring Team composed of a Resettlement Expert, an Environmental Specialist, a Sociologist and an Accountant will be formed to work closely with the District officials. The team will work with the members of the local councils at the grass root along the route

5.2 Community participation

The affected people and leaders in the project-impacted areas have been consulted (See Annex 1, people consulted and records of meetings) and encouraged to participate in all the processes of resettlement. Community participation was reinforced by focus group discussions with project affected people along the road (See Annex 2 and 3) In general, public involvement in this project was undertaken to assist in the following:

• Identify and establish affected communities fears related to the compensations and general road project; • Identify vulnerable social groups, this should be protected. These include women, the disabled, the landless, orphans and other minorities; • Identify cultural and communal property; • Identify various socially and culturally acceptable resettlement alternatives where feasible; and • Identify the cultural/social groups which should move together where appropriate. During the socio-economic study on the project road, communities along the project road and corridor at large (opinion leaders plus key stake holders) were consulted and informed about the project at an early stage. Therefore the Project Affected Persons (PAP) have participated in census surveys, land and property valuation. In addition they will be encouraged to participate in Monitoring and Evaluation (M&E).In summary the affected persons participated in:

• Information dissemination and community meetings; • Formation of proposed grievance committees; • Identification of property affected persons; • Land and property valuation; and • Resettlement consultation process.

C.ommunity participation and extensive consultations were carried out in the project area. These consisted of Project Census and Categorisation of PAPs (February 2009-June 2009) valuation process of property estimates and loss of Assets (February-June 2009) and proposed grievance committees in the project area (March 2009).They were eleven public consultations carried out along the road in various different localities with an average of forty people. These were held in

5-2 Feasibility Study and Detailed Design ofVlIrra-Arlia-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report the following locations along the road; Ayalembe, Ovisiono, Vurra Customs Comer, Tanganyika market area, Manibe, Okokoro, Aloi, Ovujo/Olufe, Keri, Oraba, Nyadri, Koboko and Oraba.

5-3 Feasibility Study and Detailed Design (4 Vurra-Al'ua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Table 5.1: Locations of Public meetings with project affected people

~~~~~ Area/Sub county Issues of concern/questions I Response Date

Ayalembe ! Will our land be compe~sated incase it lies within the 50m I The assessment team includes valuers who will pick every I Vurra sub county road reserve. property affected and compcnsation done basing on the existing market values. 21 st- 02-2009 Apart from jobs where the local communities don't have the Shall we benefit by getting jobs or the contractor will come required skill, the locals will be given first priority either as with his own people? semi or un skilled! manual jobs The community wanted to know when the work will The design time frame is nine months there after a tender will commence and when the workers will be recruited. be awarded. Meaning that the actual road works may begin Community expressed reservations on compensation since sometime mid next year. the rural electrification project people were promised compensation and up to now have never been paid.

There are no areas of cultural importance but there is one The community leadership is to be involved right from the start market along the route. That will be affected to ensure effectiveness of the compensation program.An alternative market will be constructed if the existing one is affected by the road.

Ovizioni trading I The locals demanded to know whether they will be I Every affected property will be compensated after valuation and centre! Vurra sub compensated for the afIected properties, trees and crops. disturbance allowance allowances given depending on the county period ofrelocation. locals complained of the valuation process. They said 22 ml 02-2009 that in most cases the properties are undervalued leaving The properties will be properly valued basing on the existing them worse off that prior to the road project. This was in property values so that by the end of the project everyone is reference to the electricity line by WNEDC which up to better off than before the project. now people are still demand for compensation

The locals noted that measures such as humps, signage and other road elements are put in place to minimise accidents.

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, . .~ ·'. .f Feasibili(v Study and Detailed Design of Vurra-Arua-Koboko-Road Reseulement Action Plan Final Detailed Engineering Design Report Area/Sub county Issues of concern/questions Response Date

V urra Custom's The residents raised the issue of compensation since many They were assured that they will be compensated in case they corner/ Vurra of them are in the 50metres road reserve. The residents are affected Sub-county. raised the issue that the other side of the town is a valley and other areas are already occupied. So they don't know The locals were assured that everything will be done during the 24th 02-2009 where to relocate in case they are displaced. design to ensure that the effect is minimised as much as possible.

Tanganyika If gravel is found in my land, will the contractor Land belongs to the citizens therefore negotiations will be held market and I compensate me or will I be forcefully evicted. between you and the contractor and compensation will be done. Manibe trading After using the barrow pits, they should be reinstated to their centre /Manibe IAnd will my land be reinstated after usc. Will original sate before the contract ends. Sub-county. compensation be done before demolition of peoples properties or after Compensation will be done before demolition. 24th 02 2009 Our buildings were built according to engmeenng These are new standards for international roads aimed at standards of 30 metres road width, is this new amendment. catering for the wide tracks and other services like water, electricity, sewerage and communication lines. Will there be control on storm water as they are likely to affect our property and food crops down stream during Drainage standards will be maintained to ensure that people's construction? Accidents especially in trading centres? properties are not disturbed by runoff and humps and speed limits will be put in place during construction.

Okokoro / I In case my land is vacant but its affected, will I be I Yes you will be compensated Kijomolo sub compensated county all go as per the programme sometime next year is when the When will construction start actual road works on the ground will start but this is already a 25 th 02-2009 process of road works. In case of an accident during construction who will be responsible Measures will be put in place to ensure road safety such as signage, speed limits and humps. But if the accident is caused In case a big tree is uprooted and dumped near your house deliberately then the contractor is answerable. Personal will there be a means of taking it away. protective Equipment and safety awareness are some of the

5-5 Feasihility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report components of the project.

During construction are heavy vehicles allowed to tum In case of such an act the owner should be consulted for peoples gardens pennission but people should try to co-operate with the contractor so that the road is upgraded. The contractor is supposed to carry off the excavated soil from peoples properties or level it to avoid inconveniences The contractor should also create for people alternative access in Is the contractor allowed to dump soil in our gardens case work is ongoing near their properties. blocking access to our properties?

Oraba CustomSiWill accidents due to the contractors fault lead to Awareness and sensitization will be on going but incase of the point (border I compensation of the affected person contractors fault, the afTected person will be compensated. post) The community complained that the issue of tannac has 25th 02 2009 been said for a long time with no result. Let this not be another game which will end with nothing the y asserted. The community was informed of the seriousness of the project and assured them that this time it's for real.

The community wanted to know which safety measures will be put in place to protect the pedestrians from being The locals were assured that the design will cater fore safety knocked by speeding vehicles. measures such as visible signage, humps and tumble strips. However the communities were requested to get directly involved because some people steal the signage.

Kerri trading I When will compensation start centre/ Kuluba sub- county The community requested that an official notification letter Surveying and land valuation is ongoing. There after the picked should be written and sent to the local officials before properties owners will be notified, grievances addressed before 26th 02-2009 compensation and people sensitized. compensation takes place.

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•• , " .#

Feasibility Study und Detailed Design of'Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Area/Sub county Issues of concern/questions Response Date 1---.. Koboko Town I The contractor nonnally brings workers from other areas, Emphasis is put on engaging local man power especially for Council how are we going to benefit. manual jobs. This is aimed at making the community look at the project as their own and hence long tenn sustainability. 02-2009 The government ensures that the affected person is not left If my land is valued, is the government going to give me disadvantaged that before the project. On the contrary the alternative land as good as the one I have or just money. government will ensure that the compensation accorded to you can enable you get a better piece of land along the high way some where nearby.

All necessary help will be given to such cases and enough time Ifthe graves of my people are affected, how am going to be given to re-Iocate the dead. Compensation and disturbance helped. allowance will be given to such affected persons.

Fair and timely compensation for all affected people will be adhered too. The surveyors and Valuer's are collecting Are we also not going to remain complaining like the infonnation on all the affected properties and persons and there people on Nebbi-Arua road who were promised after these persons will be contacted and negotiations initiated. , compensation and have not yet been paid Besides compensation is before destruction of any ones property.

5-7 Feasihility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Area/Sub county Issues of concern/questions Response Date

Oleba trading I Are we going to be compensated in case we are affected by I All ailected properties are going to be compensated centre I Oleba the road expansion? sub-county

26th 02-2009 There is going to be an effort in ensuring that cultural sites are What will be done to the cultural sites and grave yards I preserved and grave yards will be compensated to allow for re­ found to be affected? location.

The residents wanted to know when the compensation will After valuation is done and approved by the government valuer, be done. then the UNRAJgovernment will notify the affected communities when compensationipayment will be done.

The residents requested the consultants to continue holding I It will. be continuous throughout the design ,construction and such meetings operatlOnal phase

Nyadri trading I What type of aggregates will be needed for the road so that I Materials are tested by the materials engineers and they are of centre lNyadri we start preparing? many sizes and oflarge quantities. sub-county Will compensation be done or it's just a lie? There are Compensation is to be done for all affected properties. Fast 2ih 02 2009 many of us who wish to work, how shall we access the growing crops are going to be given time so that the owners can jobs? harvest them. Compensation is to be done because the ministry of works had not acquired a land title of the road reserve. Re­ location within 3 months will carry a disturbance allowance of 30% of the total compensation value and within 6 months, 15%.

There are going to be two contractors, therefore there will be many jobs on the road, at barrow pits and at the quarry. First priority will be given to the locals for manual jobs.

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... '4 .f · " Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Area/Sub county Issues of concern/questions Response Date

Ovujjo/ Oluffe I The community requested that the contractor should control The consultant promised that health education will be trading centre/ his workers and educate them on HIV / AIDS in or order to continuously carried in the workers camp and in the Nyadri sub- I safe guard there community from the deadly virus, communities. He advised those that cannot be faithful or abstain county to use condoms. He also informed the community that they will Community wanted to know how the borrow/quarry pit will th work hand in hand with the existing institutions to ensure that 28 02-2009 be acquired the message cuts across all sections.

The local requested that the contractor improves and Materials will be tested and if the gravel in your land is found restores their market after construction since its going to be to be good, then the owner of the land will enter into affected, negotiations with the contractor for compensation.

The consultant promised to look into the matter but assured them that an alternative market will be built for them,

Source: Field Survey June 2009

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Public consultations and interviews undertaken have highlighted the potential consequences of the project to those individuals and communities that will be directly affected by it. Community participation and consultation has been an essential and useful process in creating and spreading awareness of the project and its advantages to the public in general ... Consultations included public meetings and interviews with key stakeholders. In addition, informal discussions were held with transport operators (truckers, taxi and vehicle O~'l1ers and drivers, and bus inspectors). A sequence of meetings will continue, mainly with those directly impacted by the road, including structured discussions with local leaders and affected women and vulnerable persons during the implementation phase by VNRA. This will form part of the monitoring of the project and has been budget for in the RAP.

The views of the stakeholders have been integrated in the RAP as much as possible. These include: ample time for notification so that people who have crops in the road reserves can harvest them and also stop growing them in the reserve; involvement in grievance committee compensation; implementation of the road reserve being adhered to after being compensated and information dissemination to other stakeholders.

5.3 Identification of stakeholders and Analysis

Identification of stakeholders was initiated early in the process of ESIA and completed with the identification of directly affected land owners/users during RAP preparation, including through the RAP socio-economic surveys. All national level and local level ministries and districts /agencies were also consulted systematically, with a particular focus on resettlement, asset and land acquisition issues. Similarly, the information provided began to be directed at key stakeholder categories impacted by the asset and land acquisition activities as well as loss of temporary or permanent access to common property resources. An analysis of stakeholders has been done and the principal stakeholders were identified as follows:

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Feasibility Study and Detailed Design ofVurra-Arua-Kohoko-Road Resettlement Action Plan Final Detailed Engineering Design Report Table 5.2 Stakeholders' Roles/Responsibilities

------Stakeholder Roles/Responsibilities Remarks ------Uganda National Road Coordinate the process of RAP with This will be on going during the planning phase and Authority(UNRA) all stakeholders implementation pllase ------Ministry of Lands, Housing and Urban Title transfer and approval of Continuous consultations/meeting with UNRA on land DeveloPlI1ent(MbtI&UD) colI1pensation rates and costs a.C:'1uisition, expropriation and compensation National Environmental Management Environmental management Coordination with UNRA on environmental aspects All!l1~!ity(NEMA) especially social a~l-'I;;\'l~ as contained in ESIS Local Governments(LCV -LC 1) Mobilisation of community for Facilitation of the local governments very crucial by meetings, Identification of PAP's, UNRA for their success registration process of PAPs, grievances committee ------NGO's/CBOs (World Vision, Goal) Community mobilization and UNRA could further discuss modalities of these awareness on project impacts and NGO's role in the Implementation phase. resettlements I---~~~~~~~ ~ ~ ~ ~ ~~~~-~~~~ ------Uganda Land Commission(ULC) Custodian of land on behalf of UNRA to liaise with ULC where issues of government government land is affected I-~~~~ District Land Boards In charge of land administration Stakeholders on project and advise and verify land within the districts. ownershil' "\iVithin the project area of influence. ------West Nile Electricity Distribution Relocation of power lines and Utility responsibility of relocation after costing. Company (WNEDC) coordination of the process with UNRA to liaise with the company. UNRA to ensure UNRA that people are not afTected for a long time in the l'roct;!~s ofrelocation ------National Water and Sewerage Relocation of water pipes especially Utility responsibility for relocation after costing. Corporation (NWSC) within Arua Town UNRA to ensure that people are not affected for a long time in the process of relocation Source: Field Survey June 2009

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5.4 Local representatives and village level consultations

District Officials and LC have been informed and involved both during the course of ESIA/RAP process and during the designing phase of the project by the representatives of the expropriating agency. The objective of village level consultation was to share information about the Vurra-Arua­ Koboko-Oraba road upgrading project, to solicit the views and attitudes of villagers towards the road upgrading project and to identify the key issues of concern to them. Residents of the towns and villages living in close proximity to the Vurra-Arua-Koboko-Oraba road, whose inhabitants could potentially be impacted by the proposed road project development, were consulted.

The relevant consultations comprised two main components:

(i) Community meetings; and (ii) interviews conducted at the village and household level on the basis of questionnaires. These consultations took place between February 2009 and March 2009.

(ii) During these meetings, land acquisition issues were highlighted and the land acquisition requirements of the Vurra-Arua-Koboko-Oraba road upgrading project were emphasised. Enquiries raised by the potentially affected people were answered.

5.5 Stakeholder's views and opinions

The proposed road improvements were seen on the whole as beneficial to the people in the project area. Social acceptability of the project was very high despite thc potential short term and long-term negative impacts such as loss of property and sources of income. The stakeholders were assured that adequate and timely compensation will be made to mitigate the impact on the PAPs. Hence, their major concerns were: prospects for getting fair compensation; adherence to contractor's obligations during construction: issues of safety; flood reduction measures; and employment creation for the people living in the project area during construction. Perceived benefits included cheaper and more efficient transport systems, improved marketing opportunities for agricultural produce and non-farm items, better communications throughout the three districts and better access to social services such as health and education. Stakeholders generally hold the view that with appropriate mitigation measures negative impacts can be minimized

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5.6 Consultation results/views and opinions of stakeholders

Table 5.3: Summary ofIssues from the PAP

------Isilsues/concerns Remarks

------P ople prefer being paid cash through a bank. Each PAP would open a bank account No buildings for the project affected people w Jere money could be deposited, rather than cash to be paid through individuals. Step back on existing land encouraged rather than moving to new areas

L .ck of legal title to land and assets that would be affected and thus fears that their All affected people have been recorded during the RAP entitlements may not be recognised; In :omplete building/on-going construction , land transfers and on going construction, To be addressed during the expropriation and compensation phase by es,pecially with regard to inherited land, and thus about difficulties that may be UNRA Structures encountered in getting compensation and/or legal recognition as owners; identified except issue of cut ofdate to be determined by UNRA

A :tual compensation date/ period To be determined by UNRA and will be communicated to PAP's

------S ttings up ofGrievance Committees were agreed upon. The membership will The composition ofthe -, comm ittees and Ihen to be comprise (LC I, an elder/opinion leader, a woman ,a member from the PAP, an active determined by UNRA

C 30 or NGO within the locality and two technical people(UNRA and Lands or a I C msultant) Receiving fair compensation for expropriated land and assets including mechanism In the interest of UNRA as per the Constitution of Uganda and Ir making expropriation payments regulations

------Needing more information on the land acquisition process Shall be availed in the process ofthe land acquisition and compensation -UNRA Manual framework April 2009

------L lI1d expropriation and compensation (private, common, pasture lands, crops and UNRA (,and Acquisition Manual framework April 2009 assets etc) ------1m'pacts on livelihoods (Le. animal husbandry; access to farm/grazing lands); Monitoring by UNRA as contained in RAP

There is shortage of water, electricity and other infrastructure in many communities Ministries .<01>!--'vlI1>ible to address the general concerns, but those that are affected by the project to be addressed by UNRA as contained in RAP

------L md expropriation and compensation (private, common, pasture lands, crops and To be done in accordance with the UNRA land Acquisition Manual assets etc) Framework April 2009 C )mmunity relations; and Management and monitoring of the road works; 5-13 Feasibili(v StuC{y and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

5.7 RAP Preparation The Resettlement Action Plan (RAP) was prepared based on direct consultation with specific groups _ affected. Views and opinions of other stakeholders, including public sector institutions, within the project area of influence, were also incorporated. Administrative aspects of the roles and responsibilities of various concerned parties' forms part of this RAP.

5.8 Public Notice Public notice for land acquisition will be given not less than six months prior to the start of the expropriation and compensation. However, throughout the process of the road design and site identification, communities have been informed and involved of the land acquisition needs of the project. Indeed, long before the start of the land acquisition survey, implementation of the socio­ economic survey of the directly affected populations, it was evident that a majority of the affected plot owners were aware of the fact that part of their land would be acquired during the road upgrading project.

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6 IMPACTS ARISING FROM THE PROPOSED UPGRADING OF THE ROAD

The proposed road development for the Vurra-Arua-Oraba road will basically follow the existing alignment. The recommended alignment serves moderate population density and connects to two countries of Sudan and the Democratic Republic of Congo. The project road connects several rural townships and trading centres within the project area of influence. The Horizontal profile closely follows the existing centreline.

Over the length of the project road, 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 upgrade Construction of the Vurra-Arua-Koboko-Oraba road to bitumen standard will exert direct short term impacts limited to the construction period. Direct long-term impacts will result after construction, related both to road widening and construction works, and the subsequent increase in traffic volumes.

6.1 Indirect Impacts The indirect impacts will stem from multiplier effects on ecosystem and human habitat, induced by increase in traffic volumes and greater accessibility throughout the project area. The impacts of the proposed road are assessed in 'relation to the construction phase and the post construction phase. The Construction phase includes all impacts resulting from upgrading of the road and the activities of road construction itself. These will largely be under the control of the Supervisor! Contractor under the Client UNRA.

6.2 Direct impacts

6.2.1 Positive impacts Overall, the upgrading of the Vurra-Arua-Koboko-Oraba road will create job opportunities for workers to be recruited along the project road. There is much anticipation among the roadside communities that local labour will be employed on the road project, especially to carry out manual and unskilled tasks. The unskilled positions would include casual labourers, watchmen, etc. The number of local people who could be employed by the project will be in the region of 400-500 people women are encouraged to seek employment(The World Bank, Guidelines stipulate that at least 25% of the work force should be women). The skilled workforce will mostly likely be non-locals from other parts of the country, operating heavy equipment. However, masons and truck drivers can be sourced from the local popUlation. It is expected that during construction, many people will benefit from direct labour working on the road sites and will be engaged in various economic activities such as catering and hospitality that will be demanded by construction workers. It is UNRA's policy to avoid misdistribution of such benefits by encouraging local people, especially women to take part in running different small scale and micro ventures.

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Nevertheless, upgrading of the project road will enhance the standard oflife and socio-economic welfare of the people living within the zone of influence. It is anticipated that the upgrading of the road will lead to an increase in the volume of trade and other commercial activities in the area. Time of travel and transport costs will reduce as a result of the road being upgraded. Access to social and economic amenities such as health facilities, Schools and markets will be enhanced and will contribute to poverty reduction.

As a disadvantaged group, women within the project environs are likely to benefit in a number of ways, for example:

1. Easy accessibility to health facilities, markets etc.

11. Increased incomes and better prices for the agricultural produce they sell as a result of increased marketing facilities.

111. Job opportunities, through the sale of food, drinks, fruits, etc. during site construction

IV. Women will also provide services such as cooking and light work during the construction works.

However, negative impacts might occur. For example, during construction road users and the inhabitants along the road corridor will be inconvenienced.

The improvement of the road will most likely lead to increases in traffic volumes and higher vehicular speeds. This would most likely increase the number of accidents and generally put at risk the safety of the population living adjacent to the road, pedestrians and users of intermediate means of transport.

Road improvements increase communication among rural and urban populations. This in tum increases the potential for exposure to sexually transmitted diseases (including HIV/AIDS) and other communicable diseases such as tuberculosis. An influx of construction workers from other regions/countries and the improved road may introduce new diseases to the local population or increase the incidence of local infection. As large parts of the population use untreated surface water for drinking, the proposed road may also lead to health hazards related to water polution by oil contaminates

Equitable distribution of the benefits of road improvements and assurance that the environmental impacts do not disproportionately burden the least powerful members of the community are required. Land tenure in the project area is largely communal. It is also worth noting that conflicts will arise whenever there is competition for scarce water and/or grazing as well as other .. resources between different tribes in the project area.

After upgrading the road, values of land along the road will likely go up. This will inevitably be to the advantage of land owners. Majority of present owners will be attracted to sell land which could lead either to social conflicts within homesteads if spouses do not agree or to landlessness. There is also a likelihood of land speculation which would make some section of society not able to buy land

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6.2.2 Negative Impacts on property and public infrastructure In this category no cultural Institution facility will be relocated. However considerable number of commercial establishment shops, kiosks and lock-ups will be relocated in form of step back. Special measures will be taken to minimize the demolition and total relocation and if possible, the influence of demolition of such facilities as the impact extends to people using the facilities. The business aspects of the facilities will be compensated in form of the disturbance allowance provided for by the Land Act of (1998) ofthe Republic of Uganda. Crops, trees, agriculture farm and vacant land will be computed to units at replacement cost as detailed in the valuation part of this report.

All public utilities and infrastructure will be restored to the original service scale. Communication, power and water supply will be adjusted and restored to non-PAPs in the area before demolition of designated structures. Drainage facilities for the affected areas most especially Arua Municipal Council will be reconstructed in the process of road construction by the project work. The relevant utility companies under close collaboration with the contractor and project supervisor will under take public utilities restoration.

Public markets along the road in the following locations will also be restored only after identifying land as most of them are not gazetted markets. These are at V urra, Ovizioni,Ayelembe,N yadri, 0 leba,Koboko,Kerri, Oraba, Okokoro, Tangayika

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Table 6.1: The potential negative environmental impacts can be ranked as follows:

Impact Description of impact Noise and vibration Blasts associated with quarnes could impact on both humans and animals

Noise generated by construction traffic, and normal traffic in the long­ term

Most sensitive sites are educational institutions and health facilities and villages

Construction camp and Over-exploitation oftrees around the camp for cooking energy workshops Soil contamination due to oil spills, lubricants, fuel and other liquid waste

Solid waste disposal

Poisoning of wildlife in the event waste is poorly managed

Human organic waste

Public Health and Safety Possible increase in HIV -AIDS as caused by immigrant workers, dust related diseases especially on the workers.

Creation of breeding grounds for disease vectors if excessive ponding is allowed

Traffic safety Accidents associated with speeding, amongst motorists and between motorists and non-motorized traffic - pedestrians, domestic animals

Disruption of services Disruption of public services during construction may arise. and inconvenience to the public Disruption of business close to the road during the works. Inconvenience for individuals residing close to the road.

Opening of new business and land acquisition

Temporary diversions.

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• 1m act Forests, protected areas and other natural Resources Exploitation and trade in natural resources might increase as demand for! these products might increase with the return ofrefugees to the area

Potential for land use As expected better infrastructure might induce return of refugees back to I changes the area with new demand for agricultural and settlement land .

. Visual intrusion Landscape disfigurement that will be occasioned by quarries and borrow • pits might be ofvisual intrusion if not rehabilitated

Exposed surfaces during earthworks may also constitute visual intrusion

Some of the hard stone quarries identified are picturesque rock outcrops whose destruction may change landscape negatively

Land take, demolition of Acquisition ofthe 50 meter road reserve and 30 in urban settings buildings Since the road will be 1 to 2 meters wider than the existing road, land takings will be necessitated along the entire road length and a few buildings will have to be demolished.

Acquisition of social amenities sites i.e markets, lorry parking sites

Cultural (e.g. graves, Four sites of cultural, historical or archaeological shrines) and along the project corridor at Koboko Hill rock, Burra, kejebe, Vurra archaeological sites customs grave

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SUGGESTED MITIGATION MEASURES

The mitigation measures proposed below should be read III conjunction with the potential impacts described above.

Table 6.2 Suggested Mitigation Measures

Issue Mitigation measures • Proper siting with preference for flat sites and standardized layout Establishment, with adequate and clearly specified pollution safeguards operation and • If camp(s) located close to villages or towns, community awareness decommissioning of on possible consequences should be mounted construction camps • Careful attention to water supply issues so as not to disadvantage local communities • Boreholes used at the camp to be left to the community, and / or the local authority upon decommissioning • Every effort must be made to avoid activities which could contaminate the water supply • Strongly recommended that the structures at camp be spruced up and handed over to local authority or Government which could convert it for use as a public facility • Awareness campaign amongst road construction workers about Health and safety diseases that are prevalent in the project area • Mount regular HIV -AIDS awareness campaigns. Condoms should be made available to construction crews • Contractors should provide workers with sufficient accommodation for married couples to stay together • The Contractors should consider hiring a permanent health practitioner to attend to emergencies and to mount awareness campaigns amongst the workers. • Health service providers should be regularly consulted to determine any changes in disease patterns which may be associated with road construction • UNRA should hold regular discussions with Ministry of Health personnel on any health implications of on-going road construction • Access roads for haulage trucks, used during road construction, should be designed to avoid neighbourhoods of sensitive noise receptors such as Schools, hospitals and residential areas • Provide warning to shop owners and other commercial businesses close to the road at least two weeks before use of heavy equipment near their premises • Install appropriate reflector signs at road diversions • Vehicle emission standards need to be considered by Government • Use dust suppressants as far as possible, especially within the towns

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• All workers should wear dust masks at all times when at the sites of high dust generation • Warn the neighbourhood of possible generation of dust beyond normal levels • As far as possible, attempt to minimize noise, especially noise from Noise and vibration heavy equipment when construction is ongoing through Kaya, Yei and Juba Towns • Special care should be taken when construction is taking place near sensitive receptors such as Schools and hospitals • Ensure that construction equipment is operating optimally and with , operational noise mufflers where possibl\,!~ Where possible, maintain a minimum offset from the project road I Aesthetics and,'. • Spoil materials including solid waste produced at camping sites for landscape road construction crews should be properly disposed. • Rehabilitat\,!quarries and borrow areas after ~~e Settlement, land take • Compensation would be required primarily for land acquisition, but and demolition of also for a limited number of structures I,w markets, Schools, crops structures and trees, and livelihood restoration. Cultural (e.g. graves, • If any archaeological or paleontological materials are found during shrines etc) and construction they should be protected and, where necessary, archaeological sites compensated for by taking into account the norms of the concerned community. Care must be taken during construction works (especially during excavation ofborrow pits) to avoid all graves and I graveyards.

6.3 Impacts on Land, Property (Crops and houses)

Table 6. 3: Land Acquisition estimates

ITEM CHAINAGE ESTIMA TED ACREAGE (HECTARES)

1 0+000 to 90+825 287.97

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ITEM VILLAGE/LCI No. OF AFFECTED ITEM VILLAGE/LCI No. OF AFFECTED ITEM VILLAGE/LCI No. OF AFFECTED PERSONS. PERSONS. PERSONS. I ORIVlf 5 29 OLEVU 6 57 OMI I 2 EZllKU A YIVU to 30 KAKWA 5 58 HAIlUA 2 3 ADRA VlI WEST 18 31 OLUVU I 59 MORI 3 ~ TIVU I 32 NYALEBE 8 60 OMBAPILE I

~~ ...... 5 ALIO 4 33 ANJEVU 2 61 AlA II ...... ~ ...... _ ...... _­ 6 RONDO 9 34 PADHA 14 62 MUNDRU 2 7 OPEVlJ I 35 ALIBA 7 63 NALIBE I '8 ANZEU 3 36 RIKIO 4 64 ONENEVU I ------...... -- .....- '9 AMVUA 6 37 OVUJO 40 65 AYIVU I 10 ABll~ 7 38 LUPUWA 3 66 KOPIRA 3 I [ OLlVU A 15 39 KIJOMORO 17 67 OMOO 9 12 ALlVll [ 40 OLEKll 25 68 ANYAFIO 21 13 NYAZA 7 41 ALlVLJRIBINI A 2 69 WOROGBO 3 [4 JUNGE 3 42 NVOLIFIYA 2 70 W[NYAKO 2 [5 MUCUGA [ 43 ALIVURIBINI B 4 7[ YIBA 4 16 DRANYA 3 44 BURRA 2 72 OPAS[O 4 ------...... ­ 17 ZAMIRI 2 45 ADANGORO 3 73 EJALO 3 ------18 ARESE 16 46 NDALlKUA 5 74 OLENGAKU 2 '-­ 19 GBOROKOROGO 3 47 DURALJRU 5 75 BULlJLU I 20 GODRO 2 48 NYORI 5 76 MALIBU 3 ------21 AIRFIELD 16 49 AWINDIRI 6 77 ANGULE I 22 MARACl[A 10 50 RO PO LI 51 78 KOLOLO 3 ... 23 EBIA, 3 51 ADRAVLJ EAST 5 79 KERI II

...... ~- 24 EKALIGO 5 52 AMISI 5 80 KAKANYA 6 25 ERIKABU 2 53 AYELEBE 7 81 BONGO 6 26 NYADULLE 2 54 ANIKANI 4 82 NYARAGALA I 27 OKOKORO 5 55 NYAZA A 6 83 ARUA 497 MUNICIPALITY ------­ 28 OLWO HILL II 56 AGORlIVU A 7 84 KOBOKOTOWN 72 29 OLEVU 6 57 OMI I TOTAL 1,097 NB: For details see Annex 8 of property/people affected and valuation estimates

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7 COMPENSATION PROCESS AND STRATEGY

The project affected people 1097 in number have been informed about the process of valuation and methods of payment and the need for them to be replacement with better property than what they had before compensation. The names of people will be done transparently and compensation to be fair and timely.

The public consultations with PAP they suggested that the names be displayed at Sub County headquarters for at least a minimum of a month and radio announcements to inform those are are affected.

The PAP will further be notified earlier in respect when the road works are to be begin so that growing of seasonal crops with the ROW is avoided, All parties involved will sign a compensation certificate. Signatories to the compensation certificate will include, the recipient, Local Council representatives, member of the Parish Land Committee and a UNRA representative

Compensation of amounts more than Ushs 100,0001== will be made by cheque. Payment below Ushs 100,0001= 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 ofUNRA The resettlement study team will draw up a payment plan, which will ensure that payments are not delayed. The study has established the best criteria for payment to be done in lump sum so as not to inconvenience the society as requested by the project affected persona during the study. For the social infrastructures that will have to be affected UNRA is advised to procure a Contractor to build and the management of such community to be agreed upon by the stakeholders with UNRA . Where there are women groups operating such facilities they should be encouraged and some business training skills should be imparted on them. UNRA's function will be to implement and monitor the RAP and its associated activities. In order to accomplish this U1\JRA's functions will include: • formation of committees for the purpose of compensation and resettlement implementation, as necessary, along the route; • Organization of meetings with local councils, as necessary, to effect compensation and resettlement. The actual implementation schedule when the compensation is effected will be decided by the UNRA. • The Consultant identified World Vision AND Goal as NGOs in the project area which can assist UNRA in effective implementation of RAP. Involvement of NGOs in the RAP as a strategy is considered particularly useful in the following areas:­

-Gathering and sharing information and avoiding potential problems;

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-Planning and implementing income-generating schemes; -Developing information campaigns and community participation; -Strengthening local institutions and community self-reliance; and -Delivering services to reach communities in a more efficient and cost-effective manner.

.~

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8 ORGANIZATION RESPONSIBILITIES AND IMPLEMENTATION OF THE RAP

8.1 Compensation responsibilities In terms of compensation and resettlement, the overall responsibility, lies with UNRA, The Ministry of Lands, Housing and Urban Development (MLH&UD) is a key player whose responsibilities will be in setting out compensation principles, approving valuation schedules and ascertaining the compensation rates. Following determination and characteristics of all project affected persons (PAP), the valuation of assets to be compensated and preparation of the complete list, the onus of executing the RAP falls on UNRA .Given the multiplicity of functions under UNRA and the importance of carrying out the compensation exercise in a timely and efficient manner, UNRA is advised to sub-contract the services of a consultant for this purpose. The consultant would make all payments to the beneficiaries already identified and approved by the Chief Government Valuer ( Ministry of Housing, Lands and Urban Development), and any other PAP who may be identified in the course of construction. The Consultant, however, would be expected to work through UNRA and the District Committees which will comprise members of the compensation committee.

8.2 Institutional Involvement and Roles in CompensationlResettlement Uganda National Roads Authority (UNRA) will be in charge of implementing the project. The Authority is responsible for all major roads in Uganda and will ensure coordination and collaboration with other stakeholders of the project, monitoring/support supervision, sourcing for funds, ascertaining extent of compensation/resettlement, ascertaining PAP, determining final alignment, coordinating between different stakeholders, and resettlement guidance.

Ministry of Lands, Housing and Urban DevelopmentNaluation Department: expected roles are; ascertaining the compensation rates passed by the District Land Boards, ascertaining the values of structures to be compensated and advising the relevant Government authorities about compensation from time to time.

Local Councils and Chiefs: their roles are; Ascertaining ownership, general community mobilization and sensitization, immediate adjudication over ownership and boundaries, and providing guidance for the compensation process, helping in the display of the list of affected people in their respective locations, receiving complaints on behalf of the compensating agency and keeping records, and facilitating step back relocations.

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8.3 Eligible persons for Compensation

8.3.1 Individual Affected persons, irrespective of their status (whether they have titles, legal or non legal rights) are eligible for some form 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 was carried out and valuation undertaken (July 2009). Thereafter, new cases are not to be entertained. The key determinant for compensation is on the basis of a pre-project census during which all residents were identified.

Replacement costs have been categorized separately for houses, structures, crops and trees. Sites for relocation have been identified. Resettlement of the affected people will occur by setting­ back existing occupants away from the road construction, or by relocating within the same community. Resettlement will not necessarily require (except by choice of the PAP) relocation to another village or area. The residents whose property must be removed will be given at least six months notice. Institutional and technical arrangements for identifYing and preparing relocation sites have been established. UNRA in collaboration with Local Councils will be responsible for ensuring that vulnerable households have received adequate assistance during the process. These include, but are not limited to women heads of house holds and widows and widowers. This notwithstanding, all compensation committees and discussions will ensure that both men and women members of the affected households are fully involved in the decisions made and the safeguarding of the compensation to be paid. Packages for compensation for the affected persons will be developed and an implementation schedule for compensation and relocation drawn up.

8.3.2 Community compensation Communities (districts, towns and villages) permanently losing land and lor access to assets and resources under customary rights or tenure rights in Uganda will be eligible for compensation. Within the project area there are community compensations which include market places, Schools and health centres. Eligibility for Vurra-Arua-Koboko-Oraba road project compensation may be claimed collectively e.g village or religious group. The following table lists categories of assets and entitled persons.

..

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Table 8.1: Entitled type of property to be compensated

Asset acquired • Entitled person Type of compensation c--...... Agricultural land FarmerlTitle Holder, Customary ovmers/ • Cash compensation

• Tenants/lease holder

/Licensees

~~mmercialland Title Holder/Business owner /Customary owners Cash compensation

• Residential Land Title Holder/Lease Holder/Owner Cash Compensation

~ Building/Structu Owner/Rental/Lease Holder Cash compensation res Squatter/informal dwellers

Standing Crops PAP (Whether owner, tenant, Licensees or Bona Cash fide occupant)

Trees Title Holder, Licensees or Bona fide occupant) Cash

Temporary use PAP (Whether owner, tenant, or squatter) • acquisition :

8.4 Formal Notification Formal notification of the affected people about the project has been done as part of the implementation of the RAP. Several steps should be considered to make sure that the affected population is properly informed. • Distribution of information and explanations to Local and District Authorities in the form of an information leaflet, outlining the major characteristics of the project and a general schedule or at least a chronology of events; • Follow-up meetings have been and should be held on a continual basis with District Authorities and with local leaders, including the Local Councils and Communities, which have overall responsibility for co-ordination.

The notification procedure will set the scene for the registration and detailed recording of assets. The registration details will supplement the information in the socio-economic survey carried out during the preparation of the RAP. Information from that survey will be used to crosscheck the claims and details recorded at the time of registration. " Transparency will be maintained in all aspects of the property valuation and compensation. These are the following aspects of transparency that need to be adhered to:

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• The list of Entitled Persons (EPs) shall be displayed, as a minimum, in areas accessible to all the EPs and other PAPs. These public places should preferably be the Local Council Offices(LC Ill) of the impacted areas; • 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 organized by the Compensation team and the hired consultant. • Disbursement of all payments due to the PAPs 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. • 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 committees/groups formed for the resettlement implementation committee and the local council official relevant to particular sections of the project road. Members of the grievance committee will also be present. The RAP will include a time schedule, which anticipates that all PAPs will be compensated. There is the need to prepare an inventory of affected properties and to identify these on sites. A registry of affected persons will then have to be prepared. The registration procedure for affected properties and persons shall consist of formal notification to the affected people and the establishment of the so-called "cut-off date" and the "actual" registration of the affected persons.

8.5 Cut off Date The majority of the sections of the proposed road lie within the already existing road reserve. A cut-off date was taken to be the time when the properties were valued (July 2009) this being of great assistance as it avoids occupation by illegal PAPs and land speculators. This further helps in preventing opportunistic invasions/rush migration into the chosen land thereby posing a major risk to the project road.

8.6 Grievances Affected people were given an opportunity to review the survey and valuation results as well as the compensation policies prior to the commencement of the compensation exercise. This was in anticipation that a number of issues would come up among affected communities. If an individual or community was not satisfied with compensation or rehabilitation measures given, he could raise his complaint through the mechanism that was put in place. Step 1: Try and solve the issue at a local level (LC 1 or Village level) • Step2: Compensation committee (UNRA, District Land Officer, Local Council 1 Chairperson, local or international NGO working in the area and a Valuer/Land economist)

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Step 3: Appeal to District Land Tribunal Step 4: Courts of Law Grievance committees have been established for the purpose of resettlement implementation and scrutinizing the interests of the affected people. The Grievance committees include members of .. the respective villages, village elders, representatives of the PAPs, local Council official, and members of the District Land Boards and voluntary development organizations, if any, in the project area. The registration process involves different parties in different villages in the resettlement/compensation process to avoid disputes or misunderstanding. A registration form was prepared to ease the task. The registration form included the following elements: • Household information: means and details about each member, including economic activities and number of dependants outside the village. • 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. There were few vulnerable people (27) who were found among the PAPs and the registration form has noted such cases.

8.7 Registration form and records The registration form developed by the Consultant was agreed to by UNRA in co-operation with other Government authorities and with the assistance of legal experts. The registration form supplemented the information that was obtained during the socio-economic survey. Data from that survey was 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 had been recorded during the identification of property with the proposed road reserve. This was because of the risk that some of the people may have become tired of being asked the same sort of questions, but it should be reiterated that the registration was absolutely necessary for a fair compensation and successful relocation of families. Registration and the recording of assets occurred directly after notification of the cut-off date and the general information meetings, held at various villages in the Direct Impact Zone. These meetings helped to explain why the registration is taking place. Land values used were obtained by gathering first-hand local market evidence through local council officials. This was a reliable and up-to date source of information, especially in rural areas, where it is the practice for L.C's to endorse all transfers ofland. Formal notification was followed in accordance with the legal prescriptions. The principle was that all people who were resident on the land at the cut-off date were entitled to resettlement and compensation. The registration and record of assets was conducted immediately after notification.

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9 VALUATION OF ASSETS AND LOSSES

The reasonable replacement cost approach was adopted and was based on the premise that costs of replacing productive assets is based on damages caused by project operations. These costs were taken as minimum estimate of the value of measures that would reduce the damage or improve on site management practices and thereby prevent damage.

Most of the buildings and structures along the road corridor are constructed from locally available materials; bricks, wood, sticks, grass, iron sheets etc. The communities here value their culture and therefore most of their structures are traditional type. The majority of the affected structures are buildings made of brick work and mud and wattle walls and iron sheet roofing. The buildings are used either commercial cum residential units for local retail trade.

Given the sensitive nature of the land acquisition and compensation exercise, the Consultant involved and sought the help of community leaders and local authorities. The local council members assisted in the assessment by accompanying the assessors, informing the populace, helping in identifying project affected persons and providing necessary information. An inventory of properties located within the Right of Way (road reserve) was taken and a schedule of the same prepared. That schedule is attached to, and forms part of, this report (See Annex 8)

9.1 Buildings and houses Buildings and houses surveyed were classified into three main categories; by material used in construction, level of construction and workmanship and state of repair. • Under materials used, affected structures were classified as permanent, semi-permanent, or temporary. Permanent: their walls made of bricks or concrete blocks, roofing of corrugated iron sheets (CIS) with floor finish, good or fair condition. Semi-permanent: their walls made of wood and mud but plastered, or made of stones jointed by mud, with floor finished or unfinished. Temporary: these included all other structures including traditional huts and sheds. • This classification ultimately had an impact on the unit cost applicable to each category

9.2 Boundaries and fences The following types of fences were encountered; • Vegetal (live) fences: these consisted of the following local shrubs like cypress and other exotics. • Barbed wire fences: consisting of wooden posts and barbed wires. • Chain link fences: consisting of wire chain link and wooden, concrete, or steel posts. Generally, barbed wire and vegetal fences were of low quality and were constructed from locally available materials i.e. unprocessed wood, with just a few of them well constructed. Chain link

9-1 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report fences were mostly of good quality, with the majority of this type of fence used around institutions like church missions, Schools, health centres, etc.

9.3 Trees and crops Types of trees encountered and surveyed along the road corridor were both indigenous and exotic species. Only trees within individuals' compounds, gardens and plantations were considered and assessed. The crops encountered included both perennial and annual crops but not seasonal Regarding crops and certain local structures, the District approved compensation rates have been used to arrive at costs of the affected crops and structures. The rates used are deemed representative of current market rates. The RAP will enable adequate compensation to be made for all losses incurred by the Project Affected Persons (PAP) and set in place appropriate remedial measures including grievance channels for affected persons/communities The Consultant verified the ownership of affected properties, enumeration of physical assets including total land size of the reserve, crops, trees, buildings and any other assets requiring compensation.

In this valuation the following methodology was adopted and applied: • The valuation team was assisted by Chiefs and local people of the affected villages who were present to verify the ownership of properties and physical assets. Physical counting of properties like crops, trees, buildings and any other assets requiring compensation was carried out by the valuation teams. • Properties likely to be affected including land plot sizes, buildings and any other assets was carried out. • Values of improvements of a permanent nature such as buildings and structural works, fences-including chain link fences (with or without cypress hedges) block walls, gates etc were estimated on the basis of current replacement costs of comparable structures. • Buildings and other improvements (of a non-permanent nature) including huts, kiosks, graves, etc., were valued in accordance with the rates and figures approved by or indicated in the District Land Board compensation rates. • Perennial crops and trees were enumerated, categorized and valued in accordance with compensation rates provided by relevant District Land Boards. • For those owners with seasonal crops, no compensation is payable for crops they are assumed to harvest within the period of notice to commence road construction activities. • Other properties were computed by the team through counting or measuring with tapes before they were registered. Local council officials especially the Chiefs of the affected villages witnessed registration ofproperties.

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• Marginal cases (improvements) in relation to some buildings or other developments mayor may not be affected by the road construction works. These buildings have been registered and assessed but are likely to be considered or confirmed for compensation at the time of construction ofthe road . .Note: Details ofthe above see Annex 8 ..

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10 IMPLEMENTATION PROCEDURE

to. 1 Implementation Responsibilities and procedure

UNRA is responsible for implementation ofthe RAP as part of the road upgrading project. ", The GoU, through UNRA, will technically and financially assist PAPs with re-establishment of their livelihoods and social and economic networks. RAP is a development package, not simply a welfare solution. It will encourage PAPs to help themselves, by enabling them to actively participate in the selection of appropriate compensation and assistance options.

to.2 Framework for compensation UNRA, under whose remit the Vurra-Arua-Koboko-Oraba project is placed, will undertake compensation for any loss accruing to individuals or community, whether the loss is land, crops or access to a resource, The process for determining a loss and compensation was followed. Unit rates for compensation of affected properties have been established by the Consultant using data collected from statutory authoritiesl local authorities, from searches of comparable data, and from dealers in building materials. Rates for crops and plantations were obtained from the District Land Boards.

10.3 Payment Procedure of Compensation One important RAP requirement is to implement the compensation payment including dispute resolution. The Compensation process must be undertaken according to the law, transparently, expeditiously and in a customer friendly manner. Identification of PAPs to be paid compensation is based on the valuation report approved by the Chief Government Valuer. The identification process is carried out locally (at prominent locations along the road) and in presence of local leaders during widely publicised verification sessions. Each PAP will be issued with a formal verification form, signed for UNRA and witnessed by the Sub County Chief and LC Chairperson indication the amount of compensation due A compensation team will be formed whose functions will be to implement the compensation payments and to review any other activities associated with the payments. The team will also keep an active review of any situation requiring restoration of incomes and livelihood means in the unlikely loss of agricultural land and crops including income restoration and return to normal life including any information regarding HIV/AIDS education and awareness

All parties involved will sign a compensation certificate and signatories to the compensation certificate will include the recipient, Local Council representatives, members of the Parish Land Tribunal and an UNRA representative

It is recommended that a cash/electronic transfer ceiling be set at UGX 200,000 so the payment below is made in cash while the compensation amounts above UGX 200,000 are paid by electronic funds transfer through commercial banks.

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10.4 Time schedule for Implementation of the RAP

One of UNRA's functions is to implement the RAP within the lead time to the start of the road works Contract. Resettlement and in most cases compensation should occur in the pre­ construction phase to avoid both delays in the project construction and stressto 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.

The schedule shown in table 10.1 expects that all PAPs will be compensated and relocate themselves elsewhere before the scheduled end of the resettlement period

10-2 .'. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report TablelO.l: Tentative schedule for the implementation ofthe RAP 2009 2010 No. Action J F M A M J J A S 0 N D J F M A M J J A S 0 N RAP ACTIVITIES 1 INITIAL ASSESSMENT x x x x x x x 1.1 Desk Study x

1.2 Notifications and Consultations! awareness x x 1.3 Field Survey x x x 1.4 Right of Way Survey x x x Confirm affected plots x x Mitigations Measures x x x Compensation Strategy x x x 1.5 Implementation Plan x x 1.6 Cost Estimates x x x x x 2.0 VALUATION x x x x x x 2.1 Review initial Assessment x x Survey and Display Strip Maps and 2.2 compensation Principles and rates x x x x x x 2.3 Valuation Assessment x x x 2.4 Snag list and Grievances and Appeals x x 2.5 Valuation Report x

3 PAYMENT AND EXPROPRIATION x x x x x x x 3.2 Review & Update Valuation Report x x Verify and pay Compensation 3.3 Land Expropriation x x x x x x x 3.4 Accountability Report x x

4 MONITORING AND EVALUATION '-----­ x

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11 COSTS ESTIMATES

The estimated cost for compensation and the PAP relocation is shO\;vn below. It presents the compensation costs and other cost related to this compensation.

Table 11.1: Valuation Costs Estimate (Ug.Shs)

Item Numbers Estimated Disturbance Total Compensation I Value Allowance 15% Estimate (Ug. Shs) (Ug. Shs) (Ug. Shs)

Land 287.97 Ha 3,174,479,432 476,171,915 3,650,651,346

Buildings/Structures & 1,097 3,961,381,700 594,207,255 4,555,588,955 Crops/Trees

Sub Total Costs 8,206,240,301

Local Government/Institutional Lump Sum 50,000,000 Representative's allowances

Total 8,256,240,301

..

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12 MONITORING AND EVALUATION

12.1 Purpose of Monitoring and Evaluation The purpose of monitoring is to ensure timely implementation of the RAP and mitigation

'J measures and to verify performance under implementation to measure success of financial compensation as a mitigation measure in minimising social impact, monitor the need for and implementation of corrective action, verify performance of the Contractor, Subcontractor and Supervision Consultant who are in contact with the project affected persons (PPs) and with local communities. UNRA will ensure that all aspects of RAP have been adequately and expeditiously executed according to the implementation plan. The monitoring will cover the review of survey results, formation of relevant committees (including the Grievance Committee) and adherence to the compensation payment schedule

A plan for monitoring and evaluation of the compensation package has been drawn up with indicators for measuring implementation performance, impacts and outcomes. A review of regular progress reports produced by the UNRA will be carried out by all stakeholders, including the World Bank, both at national and local levels.

Monitoring and purposeful evaluation will be key factors for successful resettlement. The work of Grievance Committees and local Councils will effect participatory representation and monitoring and evaluation within the affected communities, with indicators designed by the community and leaders of the affected communities. This will help to determine the effective level of progress. The justitication for the collaboration is that all interested stakeholders will attain a significant participation and thus ensure the success of the project. Monitoring and reporting of the compensation and resettlement programme will be effective and regular. Better monitoring and supervisory mechanisms within the project will help to prevent seemingly minor problems from growing into major ones. UNRA will from time to time monitor the plan and local councils and members ofthe grievance committees will complement its effort.

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12.2 Monitoring Indicators Internal monitoring and evaluation to be carried out must always follow particular indicators to ensure that all the responsible units follow the schedule, plan and provisions of the RAP to ensure that checks and balances are effectively handled. More so this will ensure that the PAPs take active part in monitoring of the resettlement activities (participatory Monitoring).The internal monitoring will be carried out by UNRA by checking particular indicators to ensure that all the responsible units follow the schedule, plan, and provisions of the RAP. Monitoring and evaluation will be purposely undertaken to ensure that checks and balances are effectively handled. Internal monitoring will be on going until the end of the programme. Monitoring of the compensation and resettlement processes will be based on social indicators from the participation process, in the upgrading ofVurra-Arua-Koboko-Oraba road, as follows: • Number and percentage of affected households consulted during the planning stage; • Level of decision making of affected people; • Level of understanding of project impacts and mitigation/resettlement options and awareness; • Effectiveness of local authorities to make decisions; • Frequency and quality of public meetings; Degree of involvement of women or vulnerable disadvantaged groups in discussions. The following social indicators, for monitoring of the implementation plan, have been considered: • The appropriateness of the relocation sites i.e. step back; • income of affected peoples; • Effectiveness of compensation payments and procedures • The appropriateness of the grievance mechanism • Mechanisms for assisting vulnerable groups.

Implementation ofland acquisition and compensation of the affected communities will be carried out in accordance with the provisions of the RAP to ensure success.

Monitoring should assess in particular the situation of the vulnerable groups such as small and marginal landholders, unskilled laborers, mobile vendors, tribal populations, ethnic minorities, women, and children, the elderly and disabled persons. The baseline survey data, which has been provided in the RAP document, will be necessary to provide the benchmark against which measurement and evaluation of the success of the RAP can be gauged. It is important for the implementation team, prior to resettlement, to scrutinize such data.

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Monitoring will cover the physical progress of resettlement including provision of infrastructure for markets and roadside amenities, where appropriate,

'.I

12-3 Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Table 12. 1: Indicators to be monitored for Vurra-Arua-Koboko-Oraba Road

Indicators Target Measure for Indicators Social Services in Improvement of the social amenities in the Number of social services availed to the PAP the Impacted areas: Project impacted corridor. Physical inspection of existing social infrastructure after road Education Status of the new availed Ireplaced social construction, Measure against pre-construction infrastructure and post serVIces. construction infrastructure

Means of livelihood: Improvement in means of production to Output in form of agricultural and change in livelihood patterns needs of communities impacted by the through records and questionnaire project Number of follow up meetings with the PAPs and their locations. Sustainability indicators for means of livelihood. I Meeting reports or minutes and extent of compliance of the recommendations

Income Generation I Possibility of increase in mcome Physical inspection and records of income generating activities activities generation among the communities. Number and type of buildings after compensation Increase in demand and supply of goods and services during resettlement activities Record sales oftrade in form of building materials and trade Revenue collection ofthe Sub counties records activities

Compensation Effectiveness of the compensation process, Number of people compensated complaints resolved Issues: Constraints in respect to compensation, , Change in social economic baseline condition Conditions of the compensated persons. Reports and pictures of people compensated and proof of payments Standard of living of Project affected receipts, Persons. Number of business successful re started Grievances in respect to grievance system, Physical inspection of buildings Interviews with project affected people Records on standards ofliving

12-4

.. " .­ .:., " ,'. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Indicators Target Measure for Indicators

Community Participation of the Project affected Number and frequency of community meetings with project affected Participation III Persons in RAP people and local leaders attendance list RAP: Participation ofthe local Leaders in RAP Interaction with PAPs to find out what problems they are faced with Effectiveness of the Grievance system. Effectiveness of the community meetings encountering. in RAP Effectiveness of the local communities in Reports and Pictures identification of project affected persons.

Community health Nature of the environment in which the Reports and pictures of the impacted area of influence and Environment: project impacted persons live. Availability of water and sanitation facilities among the impacted communities. Number of water and sanitation for social amenities like markets, Schools, health centres etc

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12.3 Monitoring and Evaluation Reporting Monitoring reports will be submitted to UNRA and key stakeholders: the World Bank and Government of Uganda. Reports will be submitted on a monthly basis. Funding provisions for the monitoring and evaluation activities will be put in place in time to avoid delays in project implementation. '.. The Plan for monitoring and Evaluation of the compensation/financial resettlement package has been drawn with indicators for measuring implementation, performance, impacts and outcomes. Monitoring and purposeful evaluation of RAP are key factors for successful resettlement activities. The support of Local Council leaders will effect participatory representation within the affected communities including representatives of women, youth and people with disabilities with indicators designed by the community leaders of the affected communities. Justification for collaboration is that all interested stakeholders will attain significant participation and thus ensure success of the project. The CMT will be responsible for monitoring the project. A performance standard will 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 UNRA who will be responsible for the project level planning. . Ideally monitoring and evaluation should continue for two years after the Project but at less frequent intervals, for example six monthly or even 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. Any 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.

12.4 Programme for Monitoring and Evaluation Having identified and determined the situation and based on the reactions of the consulted key stakeholders, the following approaches are proposed to be used during monitoring and evaluation of resettlement and compensation ofall the PAPs along the route

12.4.1 Periodic Reporting UNRA will determine the reporting arrangements

12.4.2 Review of Field activities Periodic field activity reviews are advised. These reviews should record out comes of meetings, field visits with the Local Councils and meeting/discussions with project affected persons '. (PAPS), families and groups.

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12.4.3 Field Visits UNRA will from time to time arrange with the CGV site visits to assess the situation and

12.4.4 Recommendation It is recommended that the RAP in particular the list ofPAPs paid compensation according to the Valuation Report (and Strip Maps) be included in the schedule of Works Contract documents to ensure that the contractor is aware of the property owners who have received compensation payments, Where appropriate, clauses will incorporated in the Works Contract to ensure that the Contractor is not only aware of his responsibilities in this regard but undertakes the recommended procedures according to the EIA and SIA studies.

12.4.5 Resettlement Implementation and End of Programme Evaluation Resettlement implementation evaluation shall be conducted to ensure that checks and balances are effected for successful implementation of the project. Mid ter and end-of-activity evaluation will be conducted. End fresettlement activity will be conducted towards the final stages of the activity, This activity will attract team members from UNRA, MLHUD, the EC, Arua/Maracha/Terego and Koboko Local Governments and LCs in the direct impact zones.

"

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13 CONCLUSION

The primary objective of upgrading the Vurra-Arua-Koboko-Oraba road is to improve and enhance the national road network by providing bituminous surface dressed road connecting to Southern Sudan. Currently the existing road is functional, but in very poor condition. It is anticipated that in the medium to long term there will be economic gain accruing to Uganda and in particular to the areas of influence of the project road due to stimulated economic activities. An upgraded road will lead to improved transportation services along the project road which in tum will result in better access to health centres and improved delivery of social services by the Government .These socio-economic benefits will contribute to higher household income levels and improved standards of living particularly for the communities living in close proximity to the project road. The social, economic, environmental and legal analyses of all the major issues related to compulsory acquisition of properties have resulted in the elaboration of a practical and comprehensive document, which could be implemented easily. Vulnerable people were not left behind in this process. The implementation of this RAP will alleviate the hardship caused by this expropriation. It is therefore advisable that, before road construction commences, the Resettlement Action Plan Report findings should be implemented.

'.

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.. Bibliography 1. Arua District Development Plans 2006/2007/2008/2009 Koboko District Development Plan-2006/2007/2008/2009 3. National Environmental Management Authority (NEMA) 1999 Environmental Economics Guidelines for Uganda. 4. Road Sector Environmental Management Sector Guidelines, 1999 5. Road Agency Formation Unit Resettlement Policy Framework,2002 6. World Bank Environmental Guidelines VoL 1,11 & 111, 1997 7. Procedural Guide to Economic Road Feasibility Studies 8. The Land Act, 1998 9. The Local Government Act, 1997 10. The National Environmental Act Cap 153, 11. The Public Health Act, 1964 12. The Town and Country Planning Act, 1964 13. The Water (waste discharge) Regulations 1998, 14. The Water Resources Regulations 1998, 14 The World Bank Policy Framework on Involuntary Resettlement, 2003

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0. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

ANNEX 1.

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" ", Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

PEOPLE CONSUL TED AND RECORDS OF MEETING DURING THE RAP PROCESS

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-" .. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resf!ttlement Action Plan Final Detailed Engineering Design Report

ANNEX 2

INTERVIEW INSTRUMENTS QUESTIONNAIRE FOR PROJECT AFFECTED PEOPLE (PAP) -APRIL 2009UPGRADING OF VURRA-ARUA-KOBOKO-ORABA ROAD

.' '. Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

1. Are you in agreement with the upgrading of the Vurra-Arua-Koboko-Oraba Road? If no why?

2 . What is your household number of people and annual income?

3. Who are the major stakeholders who should be consulted about the isssues of compensation on the road?

4. What is the nature of land holding (customary, communal, leasehold or Free hold) of your property,crops and trees?

4. What kind of compensation would you prefer?(Land to Land,Cash payment,Houses to be built for you or any other kind)

5. What mechanism do exist for grievance/conflict resolution in the area? ifthere or not what would be the best in terms of compensation in this case?

6. Are there specific resettlement impacts that you associate with the proposed acquisition of the road reserve of 50 metres?

7. In your opinion, what kinds ofeconomic activities would be initiated or enhanced upon completion of the road

8. What would you like to be included in the design to benefit the community? ."

9. Please respond appropriately and comment on the possible effects as result of compensation ofthe road on the local population after construction. ". Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

ffect I l=Ye~ Comments ir ! '

! Immigration of people from other areas

3 i Corruption of local culture/traditions

due to

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Pian Final Detailed Engineering Design Report

ANNEX 3:

INTEVIEW INSTRUMENTS-WOMEN FOCUS GROUP DISCUSSIONS (FGD) GUIDING KEY QUESTIONNAIRE

." ". Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

1. As women how do the present and the proposed upgrading of Vurra-Arua-Koboko -Oraba road affect your incomes and livelihoods? How are you involved in the provisions of Transport Infrastructure system development in the project area of Influnce?

2. How will the proposed changes in transportation affect your control of the family budget and other economic resources?

3. How would you like to participate in the improvement of the upgrading of Vurra-Arua­ Koboko-Oraba road and in the implementation phase of the road?

4. What benefits in your view are likely to accrues to women specifically?

5. What special measures should be put in place for women in the upgrading ofVurra-Arua­ Koboko-Oraba road?

6. What type of social amenities that could be put along the project road and how would you be able to sustainably manange the amenity?

7. Any other concern?

Thank you for your having spared your valuable time to contribute to the success of designing and implementation ofthe proposed upgrading ofVurra-Arua-Koboko-Oraba road . ." " Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

ANNEX 4:

CENSUS SURVEY FORM: SOCIO-ECONOMIC HOUSEHOLD

.­ -. Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Name ofInterviewer Signature .. ID Code

I ", Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

(after verification of interview)

Name of Supervisor

ID Code

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Date: ...... 2009 ....

Day ! Month! Year

Name of Head of Extended Family:

i

Number of Nuclear Families in Extended KeSlOenltlal , (including household ofhead ofextended family)

.' '. Feasibility Study and Detailed Design oj Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

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ANNEX 5:

CENSUS SURVEY FORM: HOUSEHOLD INTERVIEW

." ". Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report N arne Relatio , Pia Age Marital Residence Ethnic Religion Educational a lid nship to ce Status I . Tenure Group Level Income Economic Activities Sex of S lIrname Head of Earner , Dirt Family h , I

)---­ ..­ 1--­ .­-­ .-1--- ,-­ YeSTNo Primary I Secondary M F

------t----­ --­ ---I--­ -­ -­ -----1--­ ---,--- ,---­ 1

- .--­ - ,~ ---­ -­ 2

-­ .­ 3

--­ r­ -----t-----­ --­ r---­ -----\-­ --­ --­ --­ - r------­ - ,------­ --­ 4

---­ ._------­

Relation to Head of Family: 1 HoH; 2 Spouse of HoH ; 3 Child of HoH; 4 Spouse of child ofHoH ; 5 Grandchild of J-IoB; 6 Parent of HoH; 7; 8 9 Other (specify) ; 0 No Answer.

Marital Status: 1Married; 2 Widowed; 3 Divorced; 4 Unmarried; 0 No Answer.

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report Residential Status: 1 PRP (Permanent Resident) ; 2 RA (Resident absent) ; 3 Member of non-resident HH; 4 Visitor; 9 Other (specify) ; 0 No Answer.

Occupations: ­

Principle Occupation: 1. Farmer; 2 cattle herdsman; 3 Household; 4 business; 5 Religious leader, teacher; 6 Artisan; 7 Transport; 8 Unemp1oyed;9 Other (specify) ; 0 No Answer

Secondary Occupations: idem.

Educational Level: 1 Illiterate; 2 Three years or less; 3 Primary School; 4 Secondary School; 5 Technical School; 6 Religious School ( literate in Arabic) ;0 No Answer

Religion: 1 Muslim; 2 Christian (specifY denomination); 3 Animist. 9 Other (specify) ; 0 No

Thank you very much for your cooperation and time.

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

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ANNEX 6:

LAND ASSET INVENTORY FOR PROJECT AFFECTED PEOPLE

Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

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Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Survey Name of I No. of Total Land to I Land I %Loss land be Use of no. Head of Persons in holding acquired Type total Household of * I Loss of assets I Loss of I Other losses household (m2) Loss of crops

Structures Structures I Area of Fruit Al!ricultural Other e.l!. Residenee Business Income trees Permanent temporary I residential land lost (soeeifv) I!ravevard (rented) lost loss lost type (m2)

and

number

Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

..

GRIEVANCE FORM

rrievance Number • Copies to

I forward to:

Name ofthe Recorder Receiver Party

i

I I District/Local Council I IR"ponsible Party I

i i

I i I Date I :UNRA I CC'''''!p'ninant I I l IINFORMATIONABOUT GRIEVANCE

Define The Grievance:

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report INFORMATION ABOUT THE COMPLAINANT Forms ofReceive

o Community/

I------l------~______I Information

I------~.--_t_---__:__------.---_I Meetings

I------_t_-----..--.---~-----~------_I 0 Mail Signature ofComplainant o Informal

o Other

. DETAILS OF GRIEVANCE

1. Access to 2. Damage to 3. Damage to 4. Decrease or 5. Traffic Accident

Land and Infrastructure or Loss of Livelihood

Resources Community Assets

a) Agriculture a) Injury

a) Fishing grounds a) House a) Road b) Animal husbandry b) Damage to pty.

b) Lands b) Land b) Bridge/Passageways c) Beekeeping c) Damage to Lvstk

c) Pasture lands c) Livestock c) Power/Telephone Ln d) Small scale trade d) Other

d) House d) Means of d) Water sources & e) Other infrastructure for e) Commercial site livelihood people and animals j) Other e) Other e) Drinking water

.f) Sewerage System

I g) Other

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

i i

I i i

Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

... --.. 6. Incidents 7. 8.Employment 9. Construction Camp 10. Other Resettlement Regarding and Recruitment and Community (Specify) Process Expropriation (SpecifY) Relations (Specify) and a) Nuisance from dust

Compensation b) Nuisance from noise (Specify) c) Vibrations due to explosions

d) Misconduct ofthe project personal/worker

e) Complaint follow up

f) Other

i

I I I

Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

f.

ANNEX 8:

LAND AND AFFECTED PROPERTIES ·,