SOROTI - LIRA ROAD Feasibility Study and Detailed Engineenng Design for Upgrading PHASE Il: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

ROAD SECTOR INSTITUTIONAL TECHNICAL ASSISTANCE PROJECT (RSISTAP)

FEASIBILITY STUDY AND DETAILED ENGINEERING DESIGN FOR Public Disclosure Authorized UPGRADING TO PAVED (BITUMEN) STANDARD OF SOROTI- IRA ROAD PHASE II: DETAILED ENGINEERING DESIGN RESETTLEMENT ACTION PLAN RP1 00 TABLE OF CONTENTS V lOUme 4

EXECUTIVE SUMMARY .. II...... j

Public Disclosure Authorized 0.1 INTRODUCTION.jj

0.2 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR NEW RESETTLEMENT .ii

0.3 METHODOLOGY AND APPROACH .iii

0.4 INSTITUTIONAL AND LEGAL FRAMEWORK .iii

0.5 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS .iii

0.6 COMMUNITY PARTICIPATION .iii

0.7 COMPENSATION SYSTEM .iv

0.8 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHER Public Disclosure Authorized PROPERTY .v

0.9 IMPLEMENTATION OF RESETTLEMENT / COMPENSATION .v

0.10 RESETTLEMENT /LAND ACQUISITION BUDGET .vi

0.11 MONITORING AND EVALUATION SYSTEM .vi

0.12 CONCLUSION.V;

1.0 INTRODUCTION.1 1.1 BACKGROUND 1 1.2 PURPOSE OF THE PROJECT 1 1.3 PURPOSE OF THE RESETTLEMENT/ACTION PLAN 1 1.4 POLITICAL COMMITMENT TO RESETTLEMENT 2 1.5 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR RESETTLEMENT 2 Public Disclosure Authorized 1.5.1 Project Area ...... 3 1.5.2 Alignment of Upgraded Road ...... 4...... 4 1.5.3 Affected Sites and Potential for New Resettlement ...... 5 1.6 METHODOLOGY AND APPROACH 6 2.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK ...... 6 2.1 POLICY GUIDELINES 6 (a) SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

2.2 INSTITUTIONAL RESPONSIBILITIES 7 2.3 LEGAL FRAMEWORK, LAWS AND REGULATIONS 8 2.3.1 The Land Act (1998) ...... 8 2.3.2 The Local Govemment Act (1997) ...... 9 2.3.3 The Uganda Constitution (1995) ...... 9 2.3.4 Land Acquisition Act (1965) ...... 10 2.3.5 The Access to Roads Act (1965) ...... 0 2.3.6 The Roads Act (1964) ...... 10 2.3.7 Town and Country Planning Act (1964) ...... 11 2.3.8 Bye Laws ...... 11 2.4 WORLD BANK SAFEGUARD POLICY ON RESETrLEMENT ...... 11 2.5 DIFFERENCES BETWEEN UGANDA LAWS AND THE WORLD BANK/DONOR POLICY ...... 12 2.6 COMPENSATION VALUES ...... 13 3.0 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS ...... 14 3.1 IDENTIFICATION OF PROJECT AFFECTED PEOPLE (PAP) ...... 14 3.2 LAND TENURE REGIMES ...... 15 3.2.1 Customary Tenure ...... 15 3.2.2 Leasehold ...... 15 3.2.3 Free hold ...... 15 3.2.4 Licensee or "Sharecropper" ...... 15 3.3 FARMING AND OTHER INCOME-GENERATING ACTIVITIES (LIVELIHOOD) ...... 16 3.3.1 Land use ...... 16 3.3.2 Sources Of Income And Employment ...... 16 4.0 COMMUNITY PARTICIPATION ...... 16 4.1 STAKEHOLDERANALYSIS ...... 16 4.2 COMMUNITY CONSULTATION AND PARTICIPATION STRATEGY ...... 17 4.2.1 Transporters ...... 17 4.2.2 Sector Ministries ...... 17 4.2.3 General Community ...... 17 4.2.4 LC Executives and other Local Leaders ...... 17 4.2.5 Media ...... 18 5.0 COMPENSATION SYSTEM ...... 18 5.1 INVENTORY OF IMPACTS ON INDIVIDUALS AND COMMUNAL PROPERTIES: ...... 18 5.1.1 Thematic Maps ...... 18 5.1.2 Census of PAPs ...... 18 5.1.3 Lost and Affected Assets ...... 19 5.1.4 Land ...... 19 5.1.5 Permanent Structures And Assets ...... 19 5.1.3 Land, Crops And Trees ...... 21 5.2 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHER PROPERTY ... 22 5.2.1 Eligibility For Compensation ...... 22 5.2.2 Disturbance Allowance ...... 23 5.2.3 Strategy for Income Restoration ...... 23 5.3 CONFLICT RESOLUTION AND GRIEVANCES SYSTEM ...... 23 6.0 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION ...... 24 6.1 RESETTLEMENT I MPACTSAND MrTIGATION MEASURES ...... 24 6.2 PROVISION OF INFRASTRUCTURE AND SERVICES ...... 24 6.3 ENVIRONMENTAL MANAGEMENT .24 6.4 PAYMENT PROCEDURES: .24 6.5 SCHEDULE OF IMPLEMENTATION .25 7.0 RESETTLEMENT /LAND ACQUISITION BUDGET .25

(b) SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

8.0 MONITORING AND EVALUATION SYSTEM ...... 25

8.1 MONITORING THE RESETTLEMENT PROCESS ...... 25 8.2 EVALUATION OF THE ACTUAL RESULTS ...... 26 8.3 COST OF MITIGATION AND MONITORING ...... 26 9.0 CONCLUSION ...... 27

APPENDICES:

Appendix A: Attachment ill - Guidelines for the Preparation of a Resettlement Action Plan

Appendix B: Plans of Road Sections through Built-up Areas

Appendix C: Basis of Valuation for Buildings and Land

(c) SOROTI - LiRA RoAo Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

ACRONYMS

ADB AFRICAN DEVELOPMENT BANK DISO DISTRICT INTERNAL SECURITY OFFICER DLB DISTRICT LAND BOARD EU EUROPEAN UNION GOU GOVERNMENT OF UGANDA IDA INTERNATIONAL DEVELOPMENT ASSOCIATION LC LOCAL COUNCIL NF NORDIC FUND NGO NON-GOVERNMENTAL ORGANISATION OP OPERATIONAL POLICY PAP PROJECT AFFECTED PEOPLE PEAP POVERTY ERADICATION ACTION PLAN PLC PARISH LAND COMMITTEE RAFU ROAD AGENCY FORMATION UNIT RAP RESETTLEMENT ACTION PLAN RDP ROAD DEVELOPMENT PROGRAM UBOA UGANDA BUS OPERATOR'S ASSOCIATION UEDLC UGANDA ELECTRICITY DISTRIBUTION COMPANY LIMITED ULC UGANDA LAND COMMISSION UTODA UGANDA TAXI OPERATORS AND DRIVERS ASSOCIATION WB WORLD BANK SOROTI - LIRA ROAD Feasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 48 to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

EXECUTIVE SUMMARY 0.1 INTRODUCTION The Soroti-Lira Road project is part of the Uganda Government's 10-Year Road Sector Development Programme for the classified road network which started in 1996 and is expected to be completed by the year 2006. The road forms a link in the national paved road circuit north of Kampala and is approximately 123 km in length. All Road Development Programmes / Projects must comply with Government of Uganda as well as Donor Safeguard Policies, hence the preparation of this Resettlement Action Plan (RAP). The Government of Uganda (GoU) has decided to apply a portion of the International Development Association (IDA) credit it is to receive towards the upgrading of the Soroti- Lira Road. The purpose of this Resettlement Action Plan is to ensure that therelevant social issues which will arise from the upgrading and improvement of the Soroti-Lira road are addressed in order to avert any negative impacts on people whom the road is intended to serve. 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 the affected persons/communities. 0.2 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR NEW RESETTLEMENT The project road lies between latitudes 010 43' and 020 15' north of the Equator, and longitudes 320 52' and 33 0 36' east of the Prime Meridian. The road traverses three districts, namely Soroti, Kaberamaido and Lira Districts. The chosen option for upgrading this road comprises the adoption of the minimum level of realignment required to achieve the engineering standard of the improved class of road. For the purposes of road construction and right of way, the road reserve assumed for the project is 30 m in width except in the two urban areas and intervening trading centres where it has been reduced to 20 m where the engineering constraints permit. The latter reduction has been made in order to minimise land take, demolition of buildings and relocation and compensation impacts. In general the approach has been to align the improved road within the existing road reserve where possible without compromising engineering standards. There are two urban centres (Soroti and Lira) and 20 trading centres along the length of the road which are affected by the road upgrading. There are proposed re-alignments at Tiriri, Amidakan, Lwala, and Agwata in order to bypass the existing centers, resulting in a shortening of the road, a higher standard of route alignment and an enhancement in safety in the confines of the trading centers themselves (reference Map 2. Other trading centers which fall in the three districts are as follows: - Soroti District: Nakatuny, Arapai, Ajony and Katine Trading Centres Kaberamaido District: Otuboi Trading Centre. Lira District: Abalang, Dokolo, Adwok, Amach, Adwila, Angweta Ngwet, Boroboro, Lumumba Village, Ur Bar, Lira - Apac road and Ojwina Trading Centres.

(ii) SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

0.3 METHODOLOGY AND APPROACH

The methodology and approach adopted in preparing this RAP is consistent with the Uganda Resettlement / Land acquisition Framework (RAFU, 2001) as well as Donor Safeguard Policies. A social baseline has been developed and a valuation for compensation and acquisition costs prepared. However, due to a deterioration in security in the area since June 2003, it has not been possible to undertake the social survey of the PAPs on the specific cadastral surveys of the land and assets required. These activities will be undertaken when the security situation permits and the local population has re-established itself.

0.4 INSTITUTIONAL AND LEGAL FRAMEWORK

It is the Uganda Govemment policy that all persons affected by development projects in general and road construction works in particular be resettled and adequately compensated for their structures, crops and loss of livelihood. There is in place an elaborate institutional and legal framework to ensure compliance with these policy requirements. There are three main parties involved in carrying out resettlement and or compensation as required in the rehabilitation of the Soroti - Lira road. These are the Ministry of Water, Lands and Environment (Compensation), the Prime Minister's office (Resettlement) and the Ministry of Works, Housing And Communications (Lead Agency). In addition Local Government, through the Local Council (LC) officials, will be involved in the RAP.

The position of the Uganda Government in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Ugandan Laws as well as the World Bank policies and guidelines. In particular, the following Uganda laws comprise the legal framework: - * The Land Act (1998). * The Local Government Act (1997). * The Uganda Constitution (1995). * Land Acquisition Act (1965). * The Access to Roads Act (1965). * The Roads Act (1964). * Town and Country Planning Act (1964). * Local By Laws; and * World Bank Safeguard Policy on Resettlement 0.5 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS

Improvement of the entire 123 km of road from Soroti to Lira through Kaberamaido district will directly affect some 380 properties. Of these 300 are on lease-hold land within trading centres (townships) and the remaining 80 are on customary land along-side the road. A number of critical areas within the 30 metre road reserve have been identified. These include the Kachung - Lira water pipeline, the Mains Electricity and Uganda Telecommunications lines in both Soroti and Lira 0.6 COMMUNITY PARTICIPATION

Due to the insecurity that has developed since June 2003, community participation has been limited. An analysis of stakeholders has been carried out and the principal stakeholders identified as follows: SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4e to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

* Local Government (the Soroti - Lira Districts' Executive, as well as the Municipal Councils of Soroti and Lira); * LC Executives; * Security Agencies like the Police and District Intemal Security Officers (DISO); * Travel/Transport organizations like UTODA and UBOA; * Utilities; * Ministry of Works Housing and Communications/RAFU, and * Ministry of Water, Lands and Environment.

A synopsis of the views of the road users and beneficiaries has been obtained from concemed parties, including:

* Transporters * Sector Ministries * the General Community, and * LC Executives and other Local Leaders 0.7 COMPENSATION SYSTEM

As detailed earlier in the legal framework, the Constitution, 1995 and the Land Act, 1998 have fundamentally reformed ownership and management of land in Uganda. The Constitution vests all land in Uganda in the Citizens of Uganda, Article 237 (1). In pursuance of 237 (1), the Constitution recognizes customary land ownership under Article 237(3), which land hitherto was public land and hence Govemment Land. The same Constitution allows for the Govemment to acquire land from individuals in the public interest, Articles 26 and 237(2). The Land Act, 1998 puts into operation the Constitutional provisions on land and, under sections 43 and 78, spells out on how compensation should be assessed. This assessment is therefore statutory and all steps have been taken to comply with the statutory provisions.

For this assessment, the MOWHC's road reserve classifications have been followed, i.e. a total road reserve width of 30 m (15 m either side of the centreline), which can be reduced to 20 m (10 m each side of the centerline) in built up and urban areas on a discretionary basis to avoid undue destruction of buildings. Collective/communal land will be compensated in accordance with the compensation plan. The main impacts to individuals will be felt mostly in the townships and trading centres where major structures may found. Major structures and assets assessed are the infrastructure for the Electricity grid, the Water Mains, and Uganda Telecommunications lines. In addition the assets include the buildings along the road, which have been valued and assessed. The values of buildings affected by the road development have been assessed and can be summarized as follows.

District Valuation Estimate Ushs ('000') Soroti 210,000 Kaberamaido 105,000 Lira 712,700 Total 1,027,700

(iv) SOROTI - LIRA RoAD Feasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 4B l!J::il to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

The figures for of Lira include the values of properties affected by the requirement to move the road alignment 15m from its present centerline in order to safeguard the Kachung-Lira water pipeline which runs alongside the existing road for 25 km.

0.8 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHER PROPERTY

Guidelines for resettlement plans insist on restoration of lost incomes due to the upgrading projects such as that for the Soroti-Lira road. In the Municipal and trading centres, costs for compensation and resettlement are appreciable because such areas are more densely populated. Considerable numbers of people may, however, have a limited number of income generating activities/options. The desirable plan for restoration of lost incomes includes compensation costs, resettlement costs and rehabilitation costs (i.e. livelihood restoration). These have been fully incorporated in the RAP.

Affected persons, irrespective of their status (whether they have formal titles, legalizable rights, non-ligalizable), are eligible for some kind of assistance if they occupied the land before the entitlement cut-off. The entitlement cut-off refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, new cases will not be entertained. The key determinant for compensation is on the basis of a pre-project census during which all residents are identified. The new settlers after the census/survey will not be considered. Such a census will be undertaken once the security situation permits.

The carriageway for this road project with a road reserve of 30m in the rural areas and of at least 20m in built up centers will not involve the destruction of many properties apart from what has been listed above. The people, whose property must be removed as listed, will be given warning in excess of six months. For the purpose of this exercise therefore it has been assumed that the affected people are on notice of not less than 6 months and that a disturbance allowance of 15% is to be awarded.

After Compensation, it is anticipated that communities will re-establish themselves in the economic activities they were performing before the project. Monitoring beyond the project construction period will be necessary in order to ensure income generation targets are met

A number of issues (grievances) may arise when the affected persons internalize the valuation report and during the compensation exercise itself. A system of conflict resolution is to be put in place to settle these issues amicably through recognized institutions to the satisfaction of involved parties.

Affected people are to be given an opportunity to review the survey and valuation results as well as the compensation policies prior to the commencement of the compensation exercise.

0.9 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION

A number of community infrastructure installation have been identified and earmarked for relocation. It will be relocated only where the cost to the community for the infrastructure to be left in place cannot be justified. This is the case for the Lira water pipeline.

(v) SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B EL1~ to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

All parties involved in the compensation exercise will sign a compensation certificate. Signatories to the compensation certificate will include the Recipient and members of the grievance committee.

0.10 RESETTLEMENT /LAND ACQUISITION BUDGET

In order to fulfil the policy, legal and institutional requirements for the resettlement/land acquisition action plan it is imperative that an adequate budget to meet the costs of resettlement/Land acquisition is prepared. The proposed budget is given below and covers costs for land acquisition, structures/buildings and crops, disturbance allowances and monitoring of the exercise. This budget excludes provision for any income restoration in respect of resettled persons.

Assessed Cost of Land and Property for the Minimum Realignment Option (Option 1)

Total Value assuming Description or Activity 15% Disturbance Allowance (UgShs) Land and Crops 622,920,500 Property 1,181,855,000 Relocation of Water Services at Soroti 75,000,000 Relocation of Electricity Grid lines at various places along the proposed road 150,000,000 Relocation of UTL lines and Plant in Soroti and Lira towns 75,000,000 SUBTOTAL 2,104,775,500 Monitoring costs at 20 % of cost 500,000,000 GRAND TOTAL 2,604,755,500

0.11 MONITORING AND EVALUATION SYSTEM

The following are the social indicators considered for monitoring of the participation process involved in upgrading the Soroti-Lira road:

* Number and percentage of affected households consulted during the planning stage * Levels of decision - making of affected people * Level of understanding of project impacts and mitigation / resettlement options * Effectiveness of local authorities to make decisions * Frequency and quality of public meetings * Degree of involvement of women or vulnerable disadvantaged groups in discussions.

0.12 CONCLUSION

In conclusion, good practice in resettlement / compensation planning and implementation are the key to fulfilment of the needs of the PAPs in the Soroti - Lira road project. An

(vi) SoRoTi - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN approach which reduces realignment to a reasonable minimum, whilst achieving the engineering standards required has been adopted which means that compensation and disruption of persons will be minimal. Several steps have been taken to effect this including the following:

* Minimization or elimination of involuntary resettlement where feasible by reducing the road reserve from 30m to 20m in the affected trading centres. * Ensuring that the water pipeline from Agwata to Lira remains intact * Involvement of all stakeholders in a consultative process

Although it has not been possible to complete the social economic surveys and census of people affected for reasons of security it is advisable that this be done as early as practicable in the project preparation. This will enable Compensation of all the affected persons in a timely manner and in accordance with the resettlement guidelines

The total RAP budget has been assessed at Ug shs. 2,604,755,500/= (including the requirement to pay the disturbance allowance at 15% as appropriate).

(vii) SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

1.0 INTRODUCTION

The Soroti-Lira Road project is part of the Uganda Govemment's 10-Year Road Sector Development Programme for the classified road network which started in 1996 and is expected to be completed by the year 2006. The road investment expenditures include contribution by Uganda's Development Partners. Among them are the Word Bank (WB), European Union (EU), African Development Bank (ADB) and the Nordic Fund (NF). Each of these Development Partners has set resettlement standards as a pre-requisite for the availing of funds. All Road Development Programmes / Projects must therefore comply with Government of Uganda as well as Donor Safeguard Policies - hence the preparation of this Resettlement / Action Plan (RAP).

1.1 BACKGROUND

The road from Soroti to Lira forms a link in the national paved road circuit north of Kampala. The eastem section of the circuit connects Kampala with Jinja, the border with Kenya, Mbale and Soroti, while the westem section comprises the Kampala-Karuma-Kamudini-Lira paved roads. The Soroti-Lira section is the only link in the circuit that is not paved. Its upgrading to bitumen standard is considered to be important, not only in terms of completing the national paved road circuit, but also for transit traffic from Kenya, to the Democratic Republic of Congo and Southem Sudan. The location of the road is shown on Map I overleaf.

The existing Soroti-Lira Road is approximately 125 km in length. Since 1991, a number of feasibility and engineering studies have been carried out on the road, recommending its upgrading to bitumen.

Against this background, the Govemment of Uganda (GoU) has decided to apply a portion of the International Development Association (IDA) credit it is to receive towards the upgrading of the Soroti-Lira Road. In January 2003, JB Gauff Ingenieure GmbH & Co were awarded the contract to carry out a feasibility study and engineering design for the upgrading of the project road. 1.2 PURPOSE OF THE PROJECT

The primary objective of the RDP is to improve access to rural and economically productive areas by removing major constraints to transport services on Uganda's major road network. The programme covers road network improvement, road network administration and capacity building. It also supports actions aimed at strengthening further road sector management and the implementation of other road sector programme activities. Since the commencement of the programme, several upgrading and road improvement works have been carried out. The Soroti-Lira Road is among those roads which are to be upgraded to Bitumen Standard. 1.3 PURPOSE OF THE RESETTLEMENT/ACTION PLAN

The purpose of this Resettlement Action Plan for the Soroti - Lira road is to ensure that relevant social issues that will arise from the upgrading and improvement of the road are addressed in order to avert any negative impacts on the people whom the road is intended to serve. In addition, the resettlement plan is aimed at involving all stakeholders in the consultations concerning the resettlement procedure and to involve them in the process. Actual resettlement may not be necessary since most affected households are expected to SOROTI - LIRA ROAD Feasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 49 iJ.D1 to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

make "a step back" to allow for the road project implementation. In a few cases, where the road alignment is completely new, there may be a need for resettlement since the new alignment passes through some people's properties. Those properties within the road reserve will also have to be compensated. Nevertheless this Resettlement Action Plan will allow adequate compensation for losses suffered by Project Affected Persons (PAP) as a result of the road construction and will set in place appropriate remedial measures, including grievance channels for affected persons/communities.

In view of the foregoing, the main objectives of this Resettlement/Land Acquisition Plan are:

* to ensure that any displaced persons receive compensation due to them and are not disadvantaged by the project; * 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; * to prepare and implement a Resettlement/Land Acquisition Plan (RAP) setting out strategies and schedules to mitigate adverse effects; * to establish the actual compensation costs necessary for resettlement and the land that is acquired for the road works; and * to acquire the Road Reserve.

1.4 POLITICAL COMMITMENT TO RESETTLEMENT

There is an enabling Legal and Institutional Framework in place in Uganda, which supports resettlement. The Poverty Eradication Action Plan (PEAP) puts road infrastructure development as a major pillar for poverty reduction. This means that the development as well as the Resettlement / Action Plan have a mechanism in place to receive adequate funding to ensure that affected communities are not pushed into poverty.

This move is further strengthened by the 2001 Presidential Election Manifesto, which gave the Road Development Programme the highest level of political support. Recent events in the project area have strengthened the political commitment to upgrade this road since it is believed that the development of infrastructure in the region will reduce insurgence and political instability. The local leadership in the districts of Soroti, Kaberamaido and Lira are committed to the reduction of poverty to which this road project is expected to contribute.

1.5 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR RESETTLEMENT

The project road starts from Soroti town in Soroti District and its alignment is anticipated to follow the existing alignment with moderate re-alignments to avoid major bends at the trading centers of Tiriri, Lwala, and Agwata. The road ends in Lira town of Lira District.

Generally the project road follows the existing alignment (with moderate re-alignments at Tiriri, Lwala, and Agwata) and there will be little need for resettlement as a mitigation measure. This is because very few households/farmlands behind the trading centers are likely, to be affected. By the nature of project activities and the proposed re-alignments some land acquisition is inevitable while structures and crops along the existing alignment

2 SOROTI - LIRA ROAD Feasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

will have to be compensated'. This RAP is based on the Option 1 alignment which seeks to achieve the requisite Engineering Standards whilst minimizing the extent of re-alignments.

The project road and the proposed improvements to its alignment are shown on Map 2 overleaf. 1.5.1 Project Area

The project road lies between latitudes 010 43' and 020 15' north of the Equator, and longitudes 320 52' and 330 36' east of the Prime Meridian.

The Soroti-Lira Road traverses three districts, namely Soroti, Kaberamaido and Lira Districts, although there is a short section of road that runs along the border between Akalu sub-county in Apac District and Amach sub-county in Lira District.

The sub-counties that the project road passes through are given in Table 1-1 below:

Table 1-1: Districts and Sub-counties through which the Project Road Passes

District Sub-counties Soroti Soroti, Katine, Arapai, Kamuda and Soroti Municipality Kaberamaido Kalaki, Otuboi and Alwa Lira Dokolo, Agwata, Amach, Adekokwok and Lira Municipality (Ojwina Division).

Soroti District

Formerly known as part of Teso District, North Teso District was created in 1970s and became Soroti District in 1980. The district is situated in the mid-eastem part of the country. Soroti District is bordered by the districts of Kaberamaido and Lira to the west, Kumi to the east, Katakwi to the north, and Kamuli and Pallisa to the south. The district covers an approximate area of 9,149 sq km. It lies at an altitude of 1,036 m to 1,127 m above sea level, with rainfall of 1,000 to 1,500 mm per annum.

The major administrative town is Soroti. The district has three counties: Kasilo, Serere and the Municipality of Soroti. The district has the following sub-counties: Tabur, Katine, Kamuda, Aswet, Soroti, Arapai, Gweri, Atiire, Olio, Kyera, Katera, Bugondo, Kadungulu, Piingire and three divisions in Soroti Municipality.

Kaberamaido District

Kaberamaido District was part of Soroti District until 2000. It now borders the districts of Soroti to the east, Lira to the west and Kamuli to the south. The district has an area of about 870 sq km and lies at an altitude of 1,036 m to 1,127 m above sea level, receiving rainfall of between 1,000 and 1,500 mm per annum.

The major administrative town is Kaberamaido. The district has two counties: Kaberamaido and Kalaki. The district is composed of the following sub-counties: Alwa, Kaberamaido, Obulubulo, Ochero, and Anyara.

lArticle 26 of the 1995 constitution of Uganda, states that compulsory deprivation of one's property is prohibited except when taking possession or acquisition is necessary for public use. If this is proved to be the case, as for this project road, then acquisition is subject to prompt payment of fair and adequate compensation. 3 SOROTI - LIRA ROAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

Lira District

At independence, Lira District was part of Lango District. In 1979, under the provincial administration, Lango District was divided in West Lango and East Lango Districts. East Lango was renamed Lira District in 1980. Lira district borders the districts of Apac to the west, Kaberamaido to the southeast and Kitgum to the north, while Lake Kyoga forms the southern boundary. The district covers an approximate area of 7,200 sq km. It lies at an altitude of between 975 m and 1,146 m above sea level, and receives an annual rainfall of 1,200 to 1,750 mm.

The administrative headquarters is Lira town. The district has four counties: Dokolo, Erute, Kyoga Otuke, Moroto and Lira Municipality. The district has 24 sub-counties: Namasale, Muntu, Awelo, Aputi, Kangai, Kwera, Dokolo, Agwata, Bata, Amach, Abako, Amugo, Bar, Aloi, Omoro, Adekokwok, Lira, Apala, Ogur, Aromo, Okwang, Adwari, Orum, Olilim, and four divisions in the Municipality. 1.5.2 Alignment of Upgraded Road

As shown on Map 2, three approaches have been considered in the design of the road. The first, which is the one adopted, involves following the existing alignment as much as possible, whilst adopting the minimum level of realignment to achieve the engineering requirements of the improved standard of road. The principal improvements in this regard concern the smoothening of very sharp bends at Tiriri, Amidakan, Lwala and Agwata, where the centres will be marginally bypassed. This minimal realignment option/altemative will affect a few trading centers such as the following: -

Tiriri Bypass (Road Section B)

This route may necessitate the removal of some buildings at the fringe of the tradtng center. Retention of the existing roundabout is considered unacceptable for safety reasons.

Amidakan/Lwala Bypasses Road Section

The realignment at Amidakan involves smoothening of the existing curve and would shorten the route by 0.06 km. At Lwala, the realignment would serve to smoothen a very sharp bend and give a route shortening of 0.63 km.

Agwata Bypass (Road Section F)

After crossing the Olwenyi swamp, the project road swings a little to the south to pass through Agwata. The latter consists of sparse ribbon development, which extends for some 4 kilometers; it starts with educational, administrative and residential establishments and ends with a conglomeration of a few small trading establishments prior to a roundabout. From the roundabout the project road heads northwards, across a swamp, towards Lira.

The Option 1 realignment here would serve to bypass the roundabout, shortening the route by 0.5 km.

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1.5.3 Affected Sites and Potential for New Resettlement

It should be noted that the standard road reserve was set at 30 metres ( i.e. 15 metres on either side) by the 1964 Road Act.

The proposed road alignment has been kept within the existing 30m road reserve as far as engineering standards will permit. Where the road passes through urban areas and minor trading centers, it is proposed that the reserve be reduced to 20 m where the engineered cross-section allows in order to minimize land take, demolition of buildings and consequent relocation/compensation impacts.

There are two urban centers (Soroti and Lira) and 20 trading centers along the entire stretch of the road which are affected by the road upgrading. There are re-alignments at Tiriri, Amidakan, Lwala, and Agwata as shown in Map 2. Other trading centers which fall in the three districts as follows: -

Soroti District: - Nakatuny, Arapai, Ajony and Katine Trading Centres

Kaberamaido District: - Otoboi Trading Centre.

Lira District: - Abalang, Dokolo, Adwok, Amach, Adwila, Angweta Ngwet Boroboro, Lumumba Village, Ur Bar, Lira - Apac road and Ojwina Trading Centres. The relevant details of the structures in these urban and trading centers are described in the Table 5.2.

Plans showing the location of the existing road, the centerline of the improved road and the boundary of the proposed new road reserve where it passes through urban areas and trading centers, are presented in Appendix B. SOROTI - LIRA RoAD Feasibility Study and Detailed Engineering Design for Upgrading PHASE 1I: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

1.6 METHODOLOGY AND APPROACH The methodology and approach adopted in preparing this RAP is consistent with the Uganda Resettlement I Land Acquisition Framework (RAFU, 2001) as well as Donor Safeguard Policies. Due to insurgence in the area, only a limited valuation could be undertaken. Once the situation has improved it is anticipated that the licensed Valuer and Cadastral Surveyor will be in a position to survey and value the property in order to effect compensation. The following approach has been used: - * Data collection through review of existing secondary data, local consultations, participatory analysis, and on - the - spot assessments of the state of affairs pertaining in the project area. All this data has been analyzed for use in the assessment exercise. * Identification of stakeholders in the project which has been undertaken. They include Local Government, NGOs and Government Organizations. * A preliminary survey of individual plots has been carried out to establish the number of households affected and the areas taken by the project. Once the security situation permits, a detailed survey will be undertaken to list all losses resulting from the displacement of each household or community. This will entail a complete count of all property that will be affected as a result of relocation. The land inventory will specify the type of land, size and location, to enable the valuer assess each affected individual correctly. The physical inventory will list assets including structures (homes, animal pens, storehouses) crops and trees, (fruit or timber- by type, age and size) and infrastructure e.g. wells and other assets, for valuation purposes. * For crops and certain local structures, the district approved compensation rates will be used to arrive at costs of the affected structures or crops.

2.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK

2.1 POLIcY GUIDELINES It is the Uganda Govemment policy that all persons affected by development projects in general and road construction works in particular be resettled and adequately compensated for their structures, crops and loss of livelihood. Among other guiding principles contained in RAFU's ResettlemenV Land Acquisition Policy Framework are the following: * Compensation will be aimed at minimizing social disruption and assist those who have lost assets as a result of a road project to maintain their livelihoods through income restoration. * Community infrastructure must be replaced, and ideally be improved, in situations where it is deficient. This includes installation of sanitary facilities, electricity generation systems, road links and provision of water. The legal issues governing compensation of structures, houses, crops, etc, within road reserves are not clear. A road reserve of 100 ft (50 ft each side of the centerline) was gazetted in 1964, but the necessary legal instruments for implementing this were not effected. The situation as it stands today is that, though road reserves exist, persons cultivating or who have structures within the reserve are required to be compensated for any perennial crops and structures therein. Compensation for land itself is an issue only if the person occupying part or all of the road reserve holds a title deed for that land. Any land

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beyond an existing road reserve, which needs to be acquired for the purposes of road construction, must be acquired by the MOWHC/RAFU.

It is understood that currently discussions are underway between the Ministry of Works, Housing and Communications, the Ministry of Water, Land and Environment, Ministry of Justice and Constitutional Affairs and RAFU to resolve the potential issues that are likely to arise as a result of the foregoing. As a result of these discussions it has been proposed, inter alia, that 'road reserves should be preserved for planning purposes, and should not be acquired as this would be unnecessary, expensive and disruptive" (refer RAFU, November 2001). However, to date, no legal steps have been taken to support this suggestion.

There is in place an elaborate institutional and legal framework to ensure compliance with these policy requirements.

2.2 INSTITUTIONAL RESPONSIBILITIES

There are three main actors who are involved in carrying out resettlement and or compensation as required in the rehabilitation of the Soroti - Lira road. These are the Ministry of Water, Lands and Environment (Compensation), the Prime Minister's office (Resettlement) and Ministry of Works (Lead Agency). Ministry of Works, as the Lead Agency of the RDP, will take responsibility for resettlement, identification and co- coordination of all the players in the resettlement programme. In addition the Local Govemment through the Local Council (LC) officials, the contractor and the affected local communities will work closely to ensure a fair resettlement / land acquisition exercise.

It may be noted that the Local Council officials are part of the Local Council system of Governance which is a five-tier system starting at Local Council I (Village level) through LC 2 (Parish level), LC 3 (Sub county Level), LC 4 (County or Town Council level), up to the district level, which is the LC 5 level. At every level of local governance there is a structure, which can be involved in resettlement issues including conflict resolution in addition to the Land Boards as created by the Land Act (1998). Overall the institutional involvement and roles in this exercise are highlighted in Table 2.1 below:

Table 2.1: Institutional Involvement and Roles in Compensation/Resettlement

Institution Roles expected Ministry of Works, Housing and Monitoring/ support supervision, sourcing for funds, Communications/RAFU Ascertaining extent of compensation/resettlement, Ascertaining PAP, determining final alignment, coordinating between different stakeholders, and resettlement guidance (Housing directorate). Uganda Land Commission Making preparations for payment/compensation to PAP for acquired land, applying to District Land Board for land to be acquired, acquiring the land on behalf of Central Govemment (tittles to the land), consulting the PAP, ascertaining the value of the land to be acquired (inconjunction with govemment valuer) and ensuring a prompt, fair and adequate compensation. Chief Govemment Valuer Ascertaining the compensation rates passed by District Land Boards, Ascertaining the value of structures supposed to be paid compensation, and advising the relevant govemment authorities about compensation from time to time. District Land Boards Scrutiny of applications for land acquisition, facilitating the registration of acquired land by Uganda Land Commission, and facilitating the transfer of titled land acquired by Uganda

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Land Commission, taking into consideration the comments of Parish Land Committees, ensuring the PAP have been compensated before transfer of ownership, and general mobilization of local leaders and members of Parish Land Committees. Parish Land Committees Ascertaining ownership, confirming boundaries to surveyors, immediate adjudication over boundaries, providing consent on behalf of the underage children /orphans, facilitating the registration of acquired land, and community mobilization. District Land Tribunals Resolving land ownership disputes, hearing disputes over compensation. Local Councils 1,11, and Ilil Ascertaining ownership, general community mobilization and sensitization, immediate adjudication over ownership and boundaries, and providing guidance for the compensation process, receiving complaints on behalf of the compensating agency, and facilitating integration in new areas. Contractor Compensation for temporary acquisition (barrow pits, quarry sites and contractors camps), community mobilization and general support supervision to compensating agency District Local Govemments Community mobilization/guidance, identification of civil societies to participate/implement the compensation/ resettlement process, monitoring the compensation process, guiding PAPs' relocation, facilitating integration in new areas and receiving complaints/grievances on behalf of the compensating agency. Consulting Engineers Overall monitoring and supervision, quality control, support supervision, implementation reviews, follow up of tittles for govemment, changing titles of remaining portions of land to land owners, display strip maps showing property boundaries, plot numbers, ownership and respective valuations.

2.3 LEGAL FRAMEWORK, LAWS AND REGULATIONS

The position of the Uganda Government in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Ugandan Laws as well as the World Bank policies and guidelines. In this section, a detailed description of the Legal Framework is given. In particular, the following Uganda laws comprise the legal framework: 2.3.1 The Land Act (1998)

This Land Act (1998) addresses land holding, management control and dispute resolution. The developer should seek to enter into mutual agreement with the occupier or owner of the land 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 at depreciated replacement costs for rural properties and market values for urban properties). The Act is the principal legislation on land tenure in Uganda. The Act states that all land in Uganda, whether alienated or not, is subject to all existing public rights of way which are reserved and vested in the Govemment on behalf of the public, and that all such rights of way are maintained by the public uninterrupted unless they are terminated or altered by the decision of the Minister in writing.

The Land Act (1998) and Land Acquisition Act (1965) have implications for the project road, especially in areas where land acquisition is inevitable. Section 43 of The Land Act (1998) gives powers to the Government or Local Govemments to acquire land for public interest.

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This is in accordance and subject to the provisions of Article 26 and Clause (2) of Article 237 of The Constitution. Land acquisition in the public interest is also subject Section 42 Sub-Section 7 Paragraph (b) of the Land Act 1998, where it is emphasised that "no person from whom land is to be acquired shall be required to vacate that land until he or she has received the compensation awarded to, or agreed to, by them".

Paragraph (d) and (e) of the same Section and Sub-Section also emphasise that the Uganda Land Commission (which is supposed to acquire land for public interest on behalf of Govemment) shall pay all reasonable costs of disturbance to the person from whom land is to be acquired in addition to compensation for any losses caused by severence. Where the land to be acquired is held under customary tenure, in addition to compensation assessed under this Section, the disturbance allowances shall be calculated at a sum not exceeding 15% of the sum awarded to that person, where that person was using the acquired land as his home. If less than six months notice is given for possession, the disturbance allowance is computed at 30% (see Section 78 (2) ).

The Land Act (1998) Section 74 impacts on the project road activities especially when such activities do not require complete land acquisition e.g. land for excavation of (borrow pits) for murrum/gravel and contractors camps. Sub-Section 1 to 4 provides procedures to follow when such land is required for the execution of public works. The same section provides that the authorised undertaker (in this case the Contractor) shall enter into mutual agreement with the occupier or owner of such land. Where no agreement is reached the Minister responsible may compulsorily acquire such land in accordance with Section 43 of the Land Act (1998). The authorised undertaker (Contractor) is further required to promptly pay compensation to any person having an interest in the land for any damage caused to crops and buildings, and for the land from which materials are taken or used for such works. Should any dispute arise over compensation payable under Sub-Section (3) of Section 74, then it is referred to the Land Tribunal. Some of these legal considerations are cited in RAFU Resettlement/Land Acquisition Framework (2001).

The existing legislation emphasises adequate, fair and prompt compensation. There appears to be no legal basis for resettlement, although The World Bank (as development partner) advocates it. RAFU's Resettlement / Land Acquisition Framework recognises the requirements of World Bank Operational Directive (OP) 4.12. 2.3.2 The Local Govemment Act (1997)

The Local Government Act provides for the system of local governments, which is based on the district. Under the district there are lower local govemment and administrative units. This system provides for elected councils known as Local Councils (LC). The chairman nominates the executive committee of each council. The functions of this committee include: * Initiating and formulating policy for approval of council; * Overseeing the implementation of the govemment and councils' policies, and monitoring and coordinating activities of Non-Govemment Organizations (NGOs) in the district; and * Receiving and solving disputes forwarded to it from lower local governments. 2.3.3 The Uganda Constitution(1995).

Article 237(1) of the Constitution vests all land of Uganda in the citizens of Uganda. However under Article 237(1)(a), the government or local government can acquire land in

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the public interest. Such acquisition is subject to the provisions of Article 26 of the same constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure regimes in accordance with which rights and interests in land may be held (Customary, Leasehold, Mailo, Freehold). It provides procedures to follow during the acquisition of land for public interest and provides for the "prompt payment of fair and adequate compensation" prior to taking possession of the land. The Constitution, however, does not make resettlement a right. 2.3.4 Land AcquisitionAct (1965)

The Land Acquisition Act (1965) makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter upon the land and survey the land, dig or bore the subsoil or any other thing necessary for ascertaining whether the land is suitable for a public purpose.

The Government of Uganda is supposed to pay compensation to any person who suffers damage as a result of any action. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision.

The Land Acquisition Act stops at payment of compensation. It is not a legal requirement to purchase alternative land for the affected people by the project. Once they are promptly and adequately compensated, then the obligations stop there. The Government ,through the Ministry of Water, Lands and Environment, will pay the compensation to the affected persons.

There is no requirement or provision in the law that people need to be moved or that alternative land be made available or bought. Each affected person entitled to be compensated, on receipt of his/her compensation is expected to move and has no further claim. 2.3.5 The Access to Roads Act (1965)

The Access to Roads Act seeks that a private landowner who has no reasonable means of access to public highway may apply for leave to construct a road of access to a public highway. This law also establishes a mechanism of applying for such a road. It also establishes a legal regime to ensure the safety of the neighboring environment.

The Act permits the owner of any land who is unable through negotiations to obtain leave from adjoining land owners to construct a road of access to the public highway, to apply to a magistrate for leave to construct a road of access over any land lying between his land and the public highway. This law also provides for means by which an order for the construction of an access road can be revoked.

The Act further provides for maintenance of the access road in a good and efficient state of repair, and for payment of compensation in respect of the use of the land, the destruction of crops of trees and such other property. 2.3.6 The Roads Act (1964) The Roads Act of 1964 is a critical piece of legislation with respect to the Road Development Projects. It defines a road reserve as that area bounded by imaginary lines parallel to and not more than fifty feet distant from the centerline of any road, and declared to be a road reserve. The Act is silent on whether such land is 'taken" for the state, but

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states that no person shall erect any building or plant, trees or permanent crops within a road reserve. It also allows the roads authorities to dig and take materials from the road reserve for the construction and maintenance of roads. The Minister or, with the consent of the Minister, a District Commissioner2, in relation to any road within or passing through any government town or an Administrator in respect of any area not being in a government town may, by order: * prescribe the line in which buildings shall be erected in such town or area, or * prescribe the distance from the center of the road, within which no building shall be erected in such town or area. The Road Authority is required to give written notice to the owner or occupier of the land on which prohibited activities have been carried out so as to: * pull down or remove the building or erection; or * cut down or uproot the trees or crops; or * alter or repair the caftle path, bicycle track side road or entrance or means of access or to close the same. The Act allows a road authority to dig and take away materials required for the construction and maintenance of roads in any part of a road reserve approved by the District Commissioner, without payment to any person. 2.3.7 Town and Country Planning Act (1964) The Town and Country Planning Act of 1964 gives broad powers to planning authorities at the national and local level to take land, against compensation, for public purposes within an approved planning area. Further, such authorities can determine set back lines "beyond which no building may project" into a roadway including the road reserve area. This Act is especially relevant in the municipalities of Soroti and Lira. 2.3.8 Bye Laws Finally, bye laws were enacted in the 1960s in many local areas of Uganda, especially for the regulation of "trading centers", which were the typical local embryonic urban centers across the country. Typically, these by laws had provisions for shops to be built not closer than 50 feet from the centerline of the road. They did not take land, but they reinforced the Town and Country Planning Act and the Roads Act by creating a building restriction on any given plot of land. In addition LCs are empowered to make local byelaws within their respective areas of jurisdiction.

2.4 WORLD BANK SAFEGUARD POLICY ON RESETTLEMENT Different Donors have specific Safeguard Policies regarding Environment, Resefflement and Compensation. Most of these safeguard policies are comparable to the World Bank Safeguard Policies. For this reason the following section describes the WB safeguard policies, which is a leading Partner in the Soroti - Lira Road Project. Operational Policy O.P. 4.12 " Involuntary Resettlement" requires that displaced persons should be compensated at full replacement cost, assisted with relocation / resettlement and

2 District Commissioners were replaced by Chief Administrative officers in districts. SOROTI - LIRA ROAD Feasibility Study and Detailed Engineenng Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

during transition period. The developer should be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable.

The World Bank Group O.P. 4.12 on Involuntary Resettlement is applicable to the RDP Project. The main features of this directive are as follows: - * All viable alternative project designs should be explored to avoid or minimise the need for resettlement and when it cannot be avoided, to minimise the scale and impacts of resettlement; * Resettlement measures are to be conceived and executed as development activities providing sufficient resources to give the persons displaced the opportunity to share in project benefts. Assistance should be given to the community in their efforts to improve former production levels, income eaming capacity and living standards, or at least restore them to the levels they would have been without the project; * Displaced persons should be:

a) Compensated at full replacement cost prior to the actual move; b) Assisted with relocation; and c) Assisted and supported during the transition period;

* Particular attention should be given to vulnerable groups; * Communities should be given opportunities to participate in planning, implementing and monitoring their resettlement. * Re-settlers should be helped with integration into their host community

On the Soroti - Lira road project, however, there will be no involuntary resettlement. A minimal number of people especially within trading centres will be affected. In order to minimise these negative impacts, the road has been re-aligned to avoid costly infrastructure and involuntary resettlement of persons where possible, in line with the World Bank Operational Policy O.P 4.12 (Appendix 2) on 'Involuntary Resettlement".

2.5 DIFFERENCES BETWEEN UGANDA LAWS AND THE WORLD BANKIDONOR POLICY

There are some differences between the World Bank policy and the Uganda Laws on Resettlement and Compensation. For instance: the Ugandan Laws restrict themselves to fair, adequate and prompt compensation (cash), while the World Bank policy extends it to providing alternative land and resettling the person. Since Road Constructions are linear in nature, much of this resettlement means moving "one step" backwards or sideways. The majority of the affected people normally are happy to receive cash payment for the lost developments and land. In the case of the Soroti-Lira road, there is no actual relocation of households except for a few cases within the trading centres where buildings are within the 15 m road reserve on each side of the road.

A comparison of Uganda Law and WB/Donor requirements regarding compensation is given in Table 2.2 In a number of cases, as shown in the table, the WB requirements are more favourable to PAPs than the provisions of Uganda Law. The Government of Uganda does not wish to set precedents as to compensation amounts as a result of what happened with some projects such as the Bujagali Project. The Government of Uganda is strongly committed to fulfil World Bank requirements. Appropriate compensation approaches are therefore in place, with the first part of compensation meeting Ugandan Law requirements,

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and at the same time compliant with WB requirements where the Ugandan Law falls short of WB provisions.

Table 2.2: Comparison of Ugandan Law and World Bank Requirements regarding Compensation

Category of PAPs I Type Ugandan Law WB requirements of lost assets Land Owners Cash compensation based Strongly recommend land upon market value of - for - land compensation. unimproved land and Compensation is at disturbance allowance (15%) replacement cost. Land Tenants Entitled to compensation Must be compensated based upon the amount of whatever the legal rights they hold upon land. recognition of their occupancy. Land Sharecroppers Not entitled to compensation No specific provisions as for land, entitled to to land compensation, but compensation for crops income must be restored. Owners of " Non permanent Cash compensation based Recommend in- kind "Buildings upon rates per m2 compensation or cash established at District level compensation at full and disturbance allowance replacement cost (15%) - Rates are based on including labour depreciated market value.

Owners of "Permanent" Valuation by Valuer and Recommend in- kind buildings disturbance allowance compensation or cash (15%). Valuation is based on compensation at full depreciated market value replacement cost including labour Perennial Crops Cash compensation based Requirements not upon rates per m2/ bush/ specified tree/ plant established at District level and disturbance allowance (15%). Rates are calculated as the one-year net agricultural income. Annual Crops No compensation. 6 months No specific provision. notice to harvest crops. Income restoration. Land for land compensation allows people to re- establish annual crops immediately. Business Income No compensation. 6 months Establish access to similar notice to vacate premises opportunities. 2.6 COMPENSATION VALUES

The rates of compensation for crops and non-permanent buildings are determined by respective District Land Boards (DLBs) on an annual basis (see Land Act (1998), Section 60 Sub-Section 1 Paragraph f). Under the Land Act (1998), the basis of valuation under customary ownership is as follows:

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1. The value of land shall be the open market value of the unimproved value of the land. 2. The value of buildings on the land, which shall be taken at open market value for urban areas and depreciated replacement cost for the rural areas. 3. The value of standing crops on the land, excluding annual crops, which would be harvested during the period of notice given to the tenant. 4. In addition to compensation there shall be paid as a disturbance allowance 15% or, if less than six months notice to give vacant possession is given, 30% of any sum assessed under subsection (1) of the section.

Rates of compensation are compiled by the District Land Board, which maintains a list of rates of compensation payable in respect of crops, buildings of a non-permanent nature and any other thing that may be prescribed. The rates set out in the list for compensation referred to in Section 60(e) of the Land Act will be used in determining the amount of compensation payable. In the case of the Soroti - Lira road, Kaberamaido district has not compiled the compensation rates. Soroti district rates are also applied to Kaberamaido.

For properties that are not covered by the above rates, Section 78 of the Land Act (1998) allows the Valuer, using skills and methods available to him as a professional in the field, to estimate the market value or replacement cost value (as the case may be) of such properties for compensation purposes.

This RAP describes the nature of compensation, the procedures for compensation and a schedule for making compensation payments.

3.0 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS

3.1 IDENTIFICATION OF PROJECT AFFECTED PEOPLE (PAP)

The project area traverses the three districts of Soroti, Kaberamaido, and Lira. The dominant community in Soroti and Kaberamaido are mostly Ateso and Kumam. Lira is settled by mostly Luo speaking communities. The entire 123 km stretch from Soroti to Lira through Kaberamaido directly affects 380 properties. Of these 300 are on lease hold land within trading centres (townships) and the remaining 80 are on customary land along the stretch of the road.

A number of critical areas within the 30-metre road reserve have been identified. These include the Kachung - Lira water pipeline. To avoid disruption of the pipeline, the road alignment has been shifted 15 m to the east in rural and forest areas and 10 m to the east through built-up centres where the width of the reserve will be reduced to 20 m if practical in engineering terms. The shift from the pipeline will affect a total of 39 buildings along the length of the water pipe line, all on the Right Hand Side (RHS) of the road ( as shown in Table 5.2 and Annex B).

This arrangement, with full compensation, will still be a cheaper option in comparison with disruption of the water works and water pipe line. The re-alignment effectively changes the road centreline to some 15 m to the east. This shift entails the acquisition of an additional strip of land some 15 m wide, over the 25 km of road concemed, together with compensation for the buildings and crops falling within this strip.

Other critical services affected are the Mains Electricity and Uganda Telecommunications lines. Regarding the mains electricity lines there will be both relocation and line diversion at

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various locations along the road. The estimated costs include the costs for materials and overheads.

3.2 LAND TENURE REGIMES

Article 237 of the Uganda constitution, 1995 vests land in the citizens of Uganda and defines four land tenure systems. These are as follows: -

* Customary land tenure * Freehold land tenure * Mailo land tenure and * Lease hold land tenure

The incidents of these systems are detailed under Section IV of the Land Act 1998. Those relevant to the Soroti - Lira road project are predominantly the customary and leasehold systems with some freehold land tenure. The present land tenure system along the entire stretch of the Soroti - Lira road is shown on Map 3. In addition there are intermediary land holding arrangements such as licensee/sharecropper, as well as land used for various livelihood requirements. The details of each system are described below: 3.2.1 Customary Tenure

This is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies (the customary regime is not govemed by written law). It is owned in perpetuity. Customary occupants derive the rights on that land by virtue of their customary rights. They are entitled to certificates of customary ownership through the Parish Land Committee. The bulk of the land along the project road is under customary tenure system as shown on Map 3. 3.2.2 Leasehold

A lease is created either by contract or by the operation of the law. There is a form under which the landlord, or lessor, grants the tenant, or lessee, exclusive possession of the land, usually for a period defined and in return for a rent. The tenant has security of tenure and proprietary interest in the land. Leased land is limited to towns such as Lira and Soroti Municipalities. 3.2.3 Free hold

Freehold land derives its legality from the Constitution and from the written Law. It involves the holding of the land in perpetuity, or for a period less than perpetuity fixed by a condition. Freehold enables the holder to exercise, subject to the law, full powers of ownership. 3.2.4 Licensee or "Sharecropper"

In addition to the above systems of tenure, there are licensee or sharecropper holders. These have no legal security of tenure but have been granted authority to use the land for cropping for a specified time. The World Bank Operational Policy OP 4.12 recognizes the rights of these sharecroppers in addition to the other legally recognized tenures.

In the Soroti - Lira RAP all three categories have been considered for resettlement / compensation.

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3.3 FARMING AND OTHER INCOME-GENERATING ACTIVITIES (LIVELIHOOD) 3.3.1 Land use Land use is of a similar nature in Soroti, Kaberamaido and Lira districts. In all the districts, and particularly within the project area along the Soroti - Lira road, the land use is typically un-planned. Planned areas are restricted to Lira and Soroti Municipalities. Agriculture is the main economic activity in Lira district, whist agriculture and livestock keeping are the two major economic activities to which land is put to use in Soroti and Kaberamaido. Agriculture provides employment to over 80% of the total population, as is the case for the whole of Uganda. Major food crops grown in Lira include cassava, finger millet, sorghum, pigeon peas, beans, simsim (sesame), groundnuts, sunflower and maize. In Soroti and Kaberamaido the crops include cassava, finger millet, sorghum, sweet potatoes, cow peas, soya beans, beans, simsim, groundnuts, sunflower and maize. The key cash crops for Lira upon which households depend for their income are cotton, coffee and sugarcane. The key cash crop for Soroti is cotton. 3.3.2 Sources Of Income And Employment Most households outside of the commercial centers derive their livelihood from subsistence farming, growing both food and some cash crop as listed above. InSoroti and Kaberamaido districts livestock rearing is a major livelihood. Within municipalities and trading centers, there is considerable trade and commerce.

4.0 COMMUNITY PARTICIPATION Due to the insurgency and lack of security in the project area, community participation since June 2003 has been limited. Nevertheless, Community Participation and Consultation has been an essential process in creating and spreading awareness of the project and its advantages to the public in general. It is a key component of the Environmental Impact Assessment (EIA) process. The public consultations and interviews undertaken to date have highlighted the potential consequences of the project to those individuals that have been directly affected by it.

4.1 STAKEHOLDER ANALYSIS An analysis of stakeholders has been carried out and the following were identified as the major stakeholders in the project:

* Local Governments (Soroti - Lira Districts' Executive as well as the Municipal Councils of Soroti and Lira); * LCV, IV, Ill & 11Executives; * LCI Executives; * Security Agencies like the Police and District Intemal Security Officers (DISO); * Travel/Transport organizations like UTODA and UBOA; * Utility bodies like Uganda Electricity Distribution Company Limited (UEDCL) and National Water and Sewerage Cooperation (NWSC) as well as the Uganda Telecommunications Company. * Ministry of Works Housing and Communications/RAFU. * Ministry of Water, Lands and Environment.

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In general, Public involvement in this project is intended to assist in the following: * Identifying cultural (e.g. burial places) and communal property; * Identifying the cultural / social groups which should move together where appropriate; * Identifying various resettlement alternatives where feasible; * Identifying vulnerable groups, which should be protected. These include women, the disabled, the landless, orphans and other minorities.

4.2 COMMUNITY CONSULTATION AND PARTICIPATION STRATEGY

Synopses of the views of the road users and beneficiaries, as well as representatives of the Local Councils, who were interviewed are presented below: 4.2.1 Transporters

Informal discussions were held with transport operators (truckers, taxi drivers/owners, and a bus inspector) at Lira to elicit, among other things, their view on the current status of the road, transport problems associated with it and whether upgrading the road from Soroti to Lira would be beneficial to them. The transporters complained that the condition of the road is very poor, which takes its toll on their vehicles. They stated that very few private vehicles go along the road for that reason. They also suggested that more road signs be put up near schools and hospitals, and some mentioned that bumps be installed to slow down vehicles as they approach these institutions. As expected, the transporters welcomed the prospect of upgrading the project road to bitumen standard. 4.2.2 Sector Ministries

The feeling among the Sector Ministries, as well as at Local Government level, is that long- term and immediate benefts of the road will outweigh the problems, provided proper mitigation measures are planned and implemented on time, these being specifically related to compensation issues. 4.2.3 General Community

The community members were very positive about the road project and were keen to have the construction begin as soon as possible. Perceived benefits included cheaper and more efficient transport options, resulting in improved marketing of agricultural produce and non- farm items, better communications throughout the district, and better access to social services. Concern was expressed about the bypassing of trading centers. 4.2.4 LC Executives and other Local Leaders

The LC I and Ill Leaders, as well as many of the District Officials, recognized the danger of having a high-speed road pass through a trading center. With regard to the bypasses being proposed at Tiriri, Lwala and Agwata, they stressed that consideration should be given to a link road connecting the centers to the new alignments. In addition, the communities and local leaders emphasized the need for road safety signs and speed control interventions at critical spots along the rehabilitated road, and any proposed realignments.

The local leaders also urged the Client to ensure that local people were employed during the construction phase of the project road. In addition, construction workers have a reputation for undesirable social interaction, and the contractors must control their workforces in this regard.

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As discussed before, the selected alignment option will still affect a number of properties/people. The communities and local leaders pointed out that all affected persons must be compensated appropriately. It is for this reason that the mobilization of local people must involve these local leaders till the completion of the project. 4.2.5 Media

In addition the media should be used to disseminate information through local radio programs in the local languages. This will ensure that each particular community will be exposed to the information.

5.0 COMPENSATION SYSTEM

As detailed before in the legal framework, the Constitution, 1995 and the Land Act, 1998 have fundamentally reformed ownership and management of land in Uganda. The Constitution vests all land in Uganda into the Citizens of Uganda Article 237 (1). In pursuance of 237 (1), the Constitution recognizes customary land ownership under 237(3), which land hitherto was public land and hence Govemment Land. The same Constitution allows for the Government to acquire land from individuals in the public interest, Article s26 and 237(2). The land Act, 1998 operationalises the Constitutional provisions on land and under sections 43 and 78 spells out how compensation should be assessed. This assessment is therefore statutory and all steps have been taken to comply with the statutory provisions.

5.1 INVENTORY OF IMPACTS ON INDIVIDUALS AND COMMUNAL PROPERTIES:

Since June 2003, the security situation in the Soroti and Lira areas has deteriorated and the Consultant has therefore not been able to undertake the socio-economic baseline survey of the Project Affected Persons. In addition, because of the insecurity, many PAPs have been displaced, having sought safety in neighbouring areas, and have not been available for consultation. Once the security situation has improved and the PAPs have re-established themselves, the following activities will be undertaken to finalise the RAP: 5.1.1 Thematic Maps

One of the first activities in preparing an RAP is the production of thematic maps which will show the project road, the areas where people will be affected, and areas where these people can be moved to if necessary. The maps will also indicate land use, natural vegetation, and social services among others. All land areas for both registered land and customary owners are obtained through measurements and computations carried out by the Cadastral Surveyor. These maps also serve as a baseline to protect the project from claims made by people moving into the affected area after the cut-off date (i.e. date of completion of the land/property survey and assets inventory). 5.1.2 Census of PAPs

A census of the project-affected people, will be undertaken in order to: * collect baseline (socio-economic and other) information; * register the affected population by residence or locality; * list the project affected people (again so that no illegitimate claims can be made.

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5.1.3 Lost and Affected Assets

Inventories will be carried out to supplement the land, structures and assets data gathered to date. Estimates of the crops, trees and other income generating enterprises have already been made. These are described in the following paragraphs. 5.1.4 Land

Land management and control of its transactions are decentralized at District and Parish levels through District Land Boards and Parish Land Committees respectively. Fixing the value of land depends on whether it is titled land or not. Titled and or privately owned land is valued according to the land tenure types indicated in section 3.2. In the case of public land, the Chief Govemment Valuers' office fixes the rates of compensation. For privately owned land negotiations are to be undertaken with the developer and agreement reached on the final amount to be paid for the land acquired. In both instances, the value of land varies from one location to another.

For this assessment, the MOWHC's road reserve classifications have been followed, i.e. a total road reserve width of 20 m (10 m either side of the centreline) and 30 m (15 m either side of the centreline) in urban and rural areas, respectively. Collective/communal land will be compensated in accordance with the compensation plan. The main impacts to individuals will be felt in the townships and trading centres. 5.1.5 Permanent Structures And Assets

Major structures and assets assessed are the infrastructure for the electricity grid, the water mains, and Uganda telecommunications lines. In addition the assets include the buildings along the entire stretch of the road, which have been valued and assessed. The Key infrastructure is shown in Table 5.1 below:

Table 5.1: Infrastructure to be Relocated

Description Assessed Cost (UgShs) Water Services Relocation at Soroti Town 75,000,000

Mains Electricity relocation and line diversion at various areas along proposed Lira Soroti Road 150,000,000 including materials, labour and overheads Relocation of Uganda Telecom lines and Plant in 75,000,000 Soroti and Lira Towns TOTAL VALUE 300,0Q0,000

The buildings affected by the proposed road development have been assessed. Table 5.2, below shows the affected buildings as well as the assessed values.

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Table 5.2: Assessment of Buildings along the Soroti - Lira Road

DESCRIPTION OF 'OSSIBLI VALUATION NAME OF TOWNDELOMNTNAMEDEVELOPEMENTS OF TOWN STRUCT.NO OF TYPE UshESTIMATE ('000') REMARKS

LIRA DISTRICT CommerciaV Residential buildings Buildings protrude 1-2 1 LIRA URBAN Kiosksand fences 6 1&2 150,000 meters or less in 30 meter reserve Buildings protrude into 20 m wide road 2 OJWINA CommerciaV Residential buildings and 39 1,2,3 342,700 reserve where off set a few fences by l5 mto avoid Kachung-Lira water pipeline 3 LIRAAPACH ROAD CommerciaV Residential buildings Ic. 'ci. 3 LIRA APACH ROAD Kiosks and fences nlicl UR BAR CommercialV Residential buildings 4 UR BAR Kiosks and fences incl. 5 ~~~~~~~CommerciaVlResidential buildings 5 LUMUMBA VILLAGE Kiosks and fences incl.

6 BOROBORO ~~~CommerciaV Residential buildings 'md 6 BOROBORO Kiosks and fences incl. 7 ANGWETA NGWET CommerciaV Residential buildings incl. Kiosks and fences ADWILA8 CommerciaV Residential buildings , . ncl. 8 ADWILA Kiosks and fences AMACH ~~~~~~CommerciaV Residential buildings incld. 9 AMACH Kiosks and fences incl. Road to be diverted to 10 AGWATA CommerciaU Residential buildings avoid a sharp bend. Linkage suggested AGWATA BOOSTER Gate house, gate and fence for the incl. Buildings protrude 1-2 PUMP meters or less in 30 PUMP water pump house meter reserve

12 ADWOK1 2 ADWOK ~~~KiosksCommerciaV and fences23 Residential buildings 2 3 30,000. 150,000 13 DOKOLO13 DOKOLO ~~~KiosksCommerciaY and fences Residential buildings 8 2 14 ABALANG CommerciaV Residential buildings 2 4 20,000 Kiosks and fences SUB TOTAL 712,700 KABERAMAIDO CommerciaUbuildingsResidental ~~~~~~Roadto be diverted to 15 LWALA Commercial Residental buildings 3 4 45,000 avoid a sharp bend. Kiosks and fences Linkage suggested 16 OTUBOI CommereiaV Residential buildings 3 3 30,000 Road may be shifted Kiosks and fences to the right CommerciaVbuildingsResidenbal ~~~~~~Roadto be diverted to 17 AMIDAKAN CommerciaVResidentalbuildings 3 3 30,000 avoid a sharp bend. Kiosks and fences Linkage suggested SUB TOTAL 105,000 SOROTI CommerciaVbuildingsResidential ~~~~~~Roadto be diverted to 18 TIRIR ComrerciaVResidenbalbuildings 4 3 60,000 avoid a sharp bend. Kiosks and fences Linkage suggested CommerciaYbuildingsResidential ~~~~~~Buildingsprotrude 1-2 19 KATINE CommenciaU Residential buildings 2 4 20,000 meters or less in 30 Kiosks and fences meter reserve 20 AJONY CommerciaV Residential buildings 2 4 20,000 Kiosks and fences 21 ARAPAI CommerciaV Residential buildings 2 4 20,000 Kiosks and fences 22 NAKATUNY CommerciaV Residential buildings 4 3&4 40,000 Kiosks and fences 23 SOROTI CommerciaV Residential buildings 5 1,2,3 50,000 Kiosks and fences SUB TOTAL 210,000 TOTAL ESTIMATED 85 1,027,700 COST

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5.1.3 Land, Crops And Trees

At the time of the survey, there were limited cultivation activities. Perennial crops are in existence and are mostly found adjacent to the residential semi-permanent structures or huts. These have been assessed using the district compensation rate as determined respectively by the district of Soroti, Kaberamaido, and Lira. At the time of the assessment Kaberamaido had not developed compensation rates in which case the district rates of neighboring Soroti will be applicable. The details of the assessment are detailed below in Table 5-3. Concerning Land, some land will be acquired for the road upgrading, while some will be for the road reserve. Titled land will be compensated for and an assessment to that effect has been done. Listed property on the land (Titled or not) has been assessed.

Table 5.3: Assessment for the Land, Crops some Structures along the Soroti - Lira Road Option I Alignment

Item ItemName of ~~~LandLandBuildings Crops Listed& Valutio('000')o Total No District Titled Customary Structures Land Listed (Titled) Property In or near Mangoes 2,000 10,000 32,000,000 towns only Fruit trees, timber (say 1.0 trees, bush trees, I Soroti acre rural not expected Semi permanent 20,000 urban 2.0 Structures, Huts acre urban total) In or near Mangoes towns only Fruit trees, timber 2 Kaberamaido (say 2.0 not expected trees, bush trees, 4,000 10,000 14,000,000 acres total) Semi permanent Structures, Huts In or near Mangoes 4,000 15,000 56,500,000 towns only Bananas, fruit (say 1.5 trees, timber 3 (a) Lira acres rural not expected trees, bush trees, urban 2.5 Semi permanent 37,500 acres Structures, Huts urban) 3 (b) Lira ForestAgwata Cypress 15,000 15,000,000 15m extension to road 3 (c) Lira reserve crops 76,680 317,490 394,170,000 alongside 25 km of pipeline rOTALS 144,180 367,490 541,670,000

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5.2 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHER PROPERTY

Guidelines on resettlement plans insist on restoration of lost incomes due to the upgrading of the Soroti-Lira road project. In the municipal and trading centers, costs for compensation and resettlement are substantial because such areas are more densely populated and yet considerable numbers of people may have a limited number of income generating activities/options. The desirable plan for restoration of lost incomes includes compensation costs, resettlement costs and rehabilitation costs (i.e. livelihood restoration). These have been fully incorporated in the plan.

After compensation, it is anticipated that communities will re-establish themselves in the economic activities they were performing before the project. Monitoring beyond the project construction period will be necessary in order to ensure that income generation targets are met. As a result, this plan includes a monitoring budget. To minimize losses to the community, it is essential that compensation be paid upfront.

The PAPs will receive full compensation and concurrently must give up their land titles (if any) and physical possession of the land to the RAFU/MOWHC, and sign mutation forms where necessary.

The Client will forward the title for lodging with the Land Office, and secure title for the Government and for the landlord where mutation of land has occurred. The Government will retain the Certificate of Title for the expropriated land. The District Land Tribunals will deal with any disputes, which may arise in the course of the compensation exercise. As in Private Conveyance the ultimate stage in the transfer of land is the transfer of legal title to the purchaser. 5.2.1 EligibilityFor Compensation

Affected persons irrespective of their status (whether they have formal title, legalizable rights, non-ligalizable) are eligible for some kind of assistance if they occupied the land before the entitlement cut-off. The entitlement cut-off refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, no new cases will be entertained. The following categories are eligible for compensation. * People who have been in any way affected by the project (directly or indirectly) * People whose houses/structures will be affected by land acquisition. * People who rent land for cultivation and their crops or trees are to be removed or damaged due to land acquisition activities (sharecroppers). * Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Uganda and World Bank/Donor policies.

Persons who encroach the area after the resettlement survey (census and valuation) are not eligible to compensation or any form of resettlement assistance.

The key determinant for compensation is on the basis of the pre-project census during which all residents are identified. It has not been possible to undertake this census due to the insecurity of the project area. The new settlers after the census will not be considered. During the public consultation exercise compensation alternatives were explained to the stakeholders. Specifically the criteria for different assets is described below.

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5.2.2 Disturbance Allowance

The carriageway for this road project with a road reserve of 30m in the rural areas and at least 20m in built up centers does not involve destroying many properties apart from what has been listed above. The people, whose property must be removed as listed, will be given warning in excess of six months. For the purpose of this exercise therefore it has been taken that the affected people are on notice of not less than six months and disturbance allowance of 15% will be awarded. 5.2.3 Strategy for Income Restoration

Guidelines on resettlement plans insist on restoration of lost incomes due to the upgrading of the Soroti / Lira Road. In this Road Project, however, there will be no real relocation of people. In the majority of the affected cases, people will move "a step backwards" to allow the project to proceed. However, the desirable plan for restoration of lost incomes includes compensation costs, resettlement costs and rehabilitation costs (i.e. livelihood restoration). These have been fully incorporated in the plan.

After Compensation, it is anticipated that communities will re-establish themselves in the economic activities they were performing before the project. Monitoring beyond the project construction period will be necessary in order to ensure income generation targets are met. As a result, the plan must include a monitoring budget. To minimise losses to the community, it is essential that compensation be paid upfront.

5.3 CONFLICT RESOLUTION AND GRIEVANCES SYSTEM

So far no one has raised any complaints regarding the road project and no major grievance issues are expected to arise due to the expected widespread activities of participation and consultation during the entire project period. In addition the political leadership as well as the community in the project area are very supportive of this project. The rates applicable for compensation are those determined by the Soroti and Lira Districts Land Boards and approved by the Chief Government Valuer.

However a number of issues (grievances) may arise when the affected persons internalize the valuation report and during the compensation exercise itself. A system of conflict resolution is to be put in place to settle these issues amicably through recognized institutions to the satisfaction of involved parties.

Affected people are to be given an opportunity to review the survey and valuation results as well as the compensation policies prior to the commencement of the compensation exercise. It is anticipated that a number of issues will come up among the affected communities. If a person is not satisfied with the compensation or rehabilitation measure given, he could raise his complaint through the mechanism that has been put in place as described below.

In order to address the above concerns, the Compensation Committee is to be formed before implementation. Such a Committee will be chaired by a Ministry of Works, Housing and Communications representative and will consist of the District Land Officer as the Secretary and the Local Council I Chairperson. The Consultant's Valuer would be an ex - official member. The Compensation Committee would be activated to sit at the time of payment of compensation. Since its field sittings will be village based, the Committee's third member, the Local Council I Chairperson, will vary from village to village. The valuer would then handle any public queries arising. Issues concerning the way the compensation

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/benefits have been handled in families should also be brought to the committee. If the person complaining still does not agree with the decision of the committee, he will have the option to appeal to the District Land Tribunal (as appropriate) of the local government based at every district. If he still does not agree to the decision, he could go to the courts of law as a last option. The Compensation Committee will be established in consultation with all the stakeholders.

6.0 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION

6.1 RESETTLEMENT IMPACTS AND MITIGATION MEASURES

The main objectives of the resettlement/compensation are to ensure that project affected people (PAP) will get fair compensation for all losses of their assets . The PAP will also share the benefits of the project through satisfactory resettlement and proper rehabilitation. In this way it is expected that their income, production and business capacity, and standard of living level will be improved, or at least restored to their former levels. The guiding principles for the implementation of the Resettlement/compensation plan are as follows: * Resettlement will be minimised by keeping as much as possible to the construction corridor, in order to reduce on the affected area of land acquisition; * Compensation for structures will be provided at Depreciated Replacement Cost under the applicable law; * When collective land is being acquired, communities will be informed that all the loss would be compensated in accordance with a compensation plan; * That the road project creates jobs for the local populace (i.e. Casual work).

6.2 PROVISION OF INFRASTRUCTURE AND SERVICES

As already indicated (see section 3.1) a number of community infrastructures have been identified and earmarked for relocation. This is important because the identified infrastructure is for the community. It will be relocated and where the cost to the community cannot be justified the infrastructure has been left in place. The latter is the case Lira water pipe line.

6.3 ENVIRONMENTAL MANAGEMENT

There is an EIA for the Soroti - Lira road upgrading Project. It will be adopted by the contractors in accordance with the agreed environmental management plan. Regarding the Resettlement plan, no physical relocation of communities which would lead to environmental stress on the resettled areas has been envisaged. Subsequently, no major environmental consequences are envisaged due to the resettlement exercise. As a result it has not been necessary to carry out an EIA on this resettlement plan.

6.4 PAYMENT PROCEDURES:

All parties involved will sign a compensation certificate. Signatories to the compensation certificate will include the Recipient and members of the grievance committee.

Compensation of amounts more than one hundred thousand shillings will be made by cheque. Payments below one hundred thousand shillings will be made in cash. RAFU will

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assist those who do not have bank accounts to open them. They will also be trained on how to manage the money including the operation of accounts.

6.5 SCHEDULE OF IMPLEMENTATION

A typical implementation schedule for the Resettlement Action Plan is presented in Figure 9.1 overleaf.

7.0 RESETTLEMENT /LAND ACQUISITION BUDGET

In order to fulfil the policy, legal and institutional requirements for the RAP it is imperative that an adequate budget to meet the costs of Resettlement and Land Acquisition be prepared. This is necessary because, should the budget be too low, then the funds would be inadequate and this would lead to delays in implementing the compensation exercise. The proposed budget is given in the table below covers costs for land acquisition, structures/buildings and crops disturbance allowances and monitoring of the exercise. They exclude any provisions for Income Restoration in respect of resettlement persons.

Table: 7.1: Assessed Cost of Land and Property for the Minimum Realignment Option

Total Value Total Value Description or Activity Assessed Value DasturbanCe D1sturbanCe DiOWanCeUlowanc (UaShS(UgShs Allowance(UgShs) Land and Crops 541,67 622,920, 704,171,00 0,000 500 0 Property 1,027,7 00,000 1,181,855,000 1,336,010,000 Relocation of Water Services at Soroti 75,000,000 75,000,000 75,000,000 Relocation of Electricity Grid lines at various places along the proposed road 150,000,000 150,000,000 150,000,000 Relocation of UTL lines and Plant in Soroti and Lira towns 75,000,000 75,000,000 75,000,000 SUBTOTAL 1,869,370,000 2,104,775,500 2,340,181,000 Monitoring costs 500,000,00 500,000,000 500,000,000 0 GRAND TOTAL 2,369,370,000 2,604,755,500 2,840,181,000

8.0 MONITORING AND EVALUATION SYSTEM

The purpose of monitoring and evaluation is to report on the effectiveness of the implementation of the RAP, covering physical resettlement, disbursement of compensation, effectiveness of public consultation, success of income restoration activities, among others.

8.1 MONITORING THE RESETTLEMENT PROCESS

The following social indicators for monitoring of the participation process involved in the Soroti-Lira road project were considered:

25 SOROTI_ LIRA ROAD Feasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

* Number and percentage of affected households consulted during the planning stage * Levels of decision-making of affected people * Level of understanding of project impacts and mitigation / resettlement options * 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 implementation of mitigation plans for the Soroti - Lira road project are considered: * Agricultural output and income of affected peoples * Inflation and availability of essential goods in local markets * Effectiveness of compensation payments and procedures * Traffic safety * Involvement of local authorities and NGOs in the project-related activities * Employment of local people on site * Population influx and general security in the project area.

8.2 EVALUATION OF THE ACTUAL RESULTS

The evaluation of results of the compensation exercise and social mitigation I impacts will be carried out by comparing baseline data collected in the planning phases with targets and post-project evaluations. The Client, through his appointed Consultants, will carry out Monitoring and Evaluation.

8.3 COST OF MITIGATION AND MONITORING

For the monitoring plan to be implemented, financial costs will be incurred. It is estimated that the monitoring plan will cost up to 20% of the Resettlement and Compensation costs. Overall the main areas of expenditure for mitigation and monitoring include; * Compensation for both temporary and permanent land take, and for loss of crops and resulting income (crops + land + disturbance allowance) * Reinstatement of borrow pits and quarries at the end of the contract * Establishment, management and ultimate reinstatement of Contractor's camps * Road Safety education. * Re - vegetation and replacement tree planting activities. * Monitoring team fees, subsistence and transport costs

The overall budget for environmental monitoring has been covered under the Environment and Social Impact Assessment Report.

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SOROTI - LiRA ROAD * Feasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

9.0 CONCLUSION

In conclusion, good practice in resettlement / compensation planning and implementation are the key to fulfilment of needs of the PAPs in the Soroti - Lira road project. The optimum minimum realignment has been adopted which means that compensation and disruption of persons will be minimal. Several steps have been taken to effect this and include the following: * minimization or elimination of involuntary resettlement where feasible by reducing the road reserve from 30m to 20m in the affected trading centres. * Ensuring that the Kachung-Lira water pipeline remains intact * Involvement of all stakeholders in a consultative process

Although it has not been possible for security reasons to undertake the social economic surveys and census of people affected, it is essential that these be done as early as practicable in the project preparation. This will enable Compensation of all the affected persons in a timely manner and in accordance with the resettlement guidelines

The total RAP budget has been assessed at Ug shs. 2,604,755,5001= (including the requirement to pay the disturbance allowance at 15% as appropriate).

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