Rp15510afr0rpf00box38211

Public Disclosure Authorized

Resettlement Policy Framework for proposed KIIDP II Projects.

(Final Report)

Public Disclosure Authorized

Submitted to: KAMPALA CAPITAL CITY AUTHORITY Kampala Institutional & Infrastructure Development Project (KIIDP) Plot 1-3 Sir Appolo Kaggwa Road P.O. Box 7010 Kampala - Uganda Public Disclosure Authorized Tel: +256 204660000/ +256 414581294 Email: [email protected]

By:

AIR WATER EARTH (AWE) LTD Environmental, Civil Engineers & Project Management Consultants M1, Plot 27 Binayomba Road, Bugolobi P. O. Box 22428, Kampala, UGANDA. Tel: 041-4268466, Mob: 078-2580480/ 077-2496451 E: [email protected] W: www.awe-engineers.com

Public Disclosure Authorized December 2013

AWE is member of International Federation of Consulting Engineers (FIDIC-GAMA)

Document Control

Client: Kampala Capital City Authority Project No: RPF/001

Date: Dec 2013 Report Title: Resettlement Policy Framework Doc. No.

Revision Description Originator Reviewed by Date 3 Final Report TP LK, TPK, KCCA Dec 2013

Preparation of this Project Brief for the client has been Distribution undertaken within agreed terms of reference using all reasonable skill and care. AWE accepts no responsibility or Official legal liability arising from unpermitted use by third parties of Public data or professional opinions herein contained, without client’s Confidential authorization.

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Contents

LIST OF TABLES ...... iii ACRONYMS ...... iv DEFINITIONS ...... v EXECUTIVE SUMMARY ...... vii 1 BACKGROUND ...... 1 1.1 About Kampala City ...... 1 1.2 General overview of transport and drainage in the city ...... 1 1.3 About KIIDP-II ...... 3 2 OBJECTIVES AND METHODOLOGY USED FOR PREPARATION OF RPF...... 4 2.1 Objectives of the RPF ...... 4 2.2 Methodology RPF and Stakeholder Engagement/Consultation ...... 4 2.2.1 Methodology ...... 4 2.2.2 Stakeholder Engagement ...... 5 2.3 Findings from stakeholder’s engagement ...... 6 3 PROJECT DESCRIPTION ...... 8 3.1 Infrastructure development ...... 8 3.2 Institutional development ...... 11 4 CAPACITY AND INSTITUTIONAL ASSESSMENT FOR KCCA ...... 12 5 LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 14 6 BASELINE CONDITIONS IN PROJECT DISTRICTS ...... 17 6.1 Climate ...... 17 6.2 Topography ...... 20 6.3 Geology and soils ...... 20 6.4 Vegetation ...... 20 6.5 Watercourses ...... 20 6.6 Location of Kampala district ...... 20 6.7 Demographics ...... 21 6.8 Administrative Institution ...... 22 6.9 Urban Labour Force Indicators ...... 22 6.10 Land Use and Settlement Pattern ...... 22 6.11 Health and sanitation ...... 24 6.12 Water ...... 25 6.13 Education ...... 25 6.14 Ethnicity ...... 26 6.15 Heritage sites ...... 26 6.16 Economic activities ...... 29 6.17 Municipal services ...... 30 7 LEGAL AND INSTITUTIONAL FRAMEWORK ...... 31 7.1 Legal Framework for Expropriation and Compensation ...... 31 7.1.1 Political Economy and Governance in Uganda ...... 31 7.1.2 Property and Land Rights In Uganda ...... 38 7.1.3 Acquisition and Valuation of Land and other Assets ...... 39 7.1.4 Human Rights and Compensation ...... 40 7.1.5 Dispute Resolution and Grievance Mechanisms ...... 40 7.1.6 Comparison to World Bank OP 4.12 ...... 41 7.2 Institutional framework ...... 46 7.2.1 Kampala Capital City Authority (KCCA) ...... 46 7.2.2 Ministry of Gender, Labour & Social Development (MGLSD) ...... 46 7.2.3 Ministry of Lands, Housing & Urban Development ...... 47 7.2.4 National Environment Management Authority (NEMA) ...... 47 7.2.5 Wetlands Management Department (WID) in MoWE ...... 47 7.2.6 Uganda National Roads Authority (UNRA) ...... 48 7.3 Over view of World Bank’s Safeguard Policies ...... 48

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8 COMPENSATION FOR LAND AND OTHER ASSETS ...... 50 8.1 Description of Infrastructure Development Activities with Potential for Compensation and Resettlement ...... 50 8.1.1 Activities That May Cause Physical/Economic Displacement ...... 50 8.1.2 Project Affected Entities ...... 50 8.2 Compensation and Resettlement ...... 51 8.3 Eligibility Criteria and Cut-off dates ...... 51 8.4 Screening ...... 52 8.5 RAP Preparation ...... 52 8.5.1 Socio-economic Survey of Affected Households ...... 53 8.6 Entitlement Matrix ...... 55 8.6.1 Nature and scope of displacement impacts under KIIDP II ...... 55 8.6.2 Compensation for vulnerable groups ...... 56 9 IMPLEMENTATION COSTS FOR THE RPF ...... 62 10 PUBLIC CONSULTATION AND DISCLOSURE PLAN ...... 63 10.1 Data collection phase ...... 63 10.2 Implementation phase ...... 64 10.3 Monitoring and evaluation phase ...... 64 10.4 Disclosure Arrangements for RPFs and subsequent RAPs ...... 64 11 MONITORING AND EVALUATION PLAN ...... 65 11.1 General Objectives and Approach ...... 65 11.1.1 Internal Monitoring Process ...... 65 11.1.2 External Monitoring Process ...... 66 11.2 Setting of Monitoring and Evaluation Goals ...... 66 11.2.1 Responsibility of the Authorities ...... 67 11.2.2 Indicators to Determine Status of Affected People ...... 68 11.2.3 Indicators to Measure RAP Performance ...... 68 11.2.4 Annual audit ...... 68 11.2.5 Socio-economic monitoring ...... 69 11.2.6 Reporting and documentation ...... 69 12 LESSONS FROM KIIDP I ...... 70 REFERENCES ...... 71 ANNEX 1: World Bank Resettlement Policy Framework (RPF) ...... 72 ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP) ...... 74 ANNEX 3: Sample Grievance and Resolution Form ...... 78 ANNEX 4: Sample Table of Contents for Consultation Reports ...... 79 ANNEX 4: Glossary of Terms ...... 80 ANNEX 5: Relevant Laws ...... 82 ANNEX 6: Record of stakeholder consultation ...... 85

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LIST OF TABLES

Table 2-1: Key stakeholders in the proposed KIIDP-II project ...... 5 Table 2-2: Views from stakeholders ...... 6 Table 3-1: Lot- 2 Junction Improvements and Dualling- 2a Dualling ...... 8 Table 3-2: 2B Junctions ...... 9 Table 3-3: LOT-3: Road Reconstruction and Upgrade ...... 10 Table 4-1: Institutional structure in KCCA and the Five Divisions ...... 12 Table 4-2: Personnel to be trained ...... 13 Table 5-1: Social benefits of proposed projects ...... 14 Table 5-2: Likely adverse resettlement impacts ...... 16 Table 6-1: Climate of Kampala District ...... 18 Table 6-2: Population of Kampala District since 1991 ...... 22 Table 6-3: Health facilities within Kampala City ...... 25 Table 6-4: Health indicators in Kampala ...... 25 Table 6-5: Number of the various categories of schools per administrative division ...... 26 Table 6-6: School enrolment in Kampala District by institutions ...... 26 Table 6-7: Kampala’s main economic activities ...... 30 Table 7-1: Comparison of Uganda and World Bank Resettlement Requirements ...... 42 Table 7-2: World Bank policies showing their trigger status by the project ...... 48 Table 8-1: Proposed Grievance Committee ...... 54 Table 8-2: Entitlement Matrix ...... 58 Table 9-1: Estimated RPF budget for KIIDP II implementation period ...... 62 Table 11-1: Institutions to be involved in project monitoring ...... 65

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ACRONYMS

ARAP Abbreviated Resettlement Action Plan BP Bank Procedures CDO Community Development Officer CGV Chief Government Valuer ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESMP Environmental and Social Management Plan FPMU Federal Project Management Unit GO Grievance Officer ILO International Labor Organization KCCA Kampala Capital City Authority M&E Monitoring and Evaluation MEP Monitoring and Evaluation Plan MoLHUD Ministry of Lands Housing and Urban Development MoLG Ministry of Local Governments MoFPED Ministry of Finance, Planning and Economic Development NEMA National Environment Management Authority NGO Non-Governmental Organization OP Operational Policy PAPs Project Affected Persons PCDP Public Consultation and Disclosure Procedures PIU Project Implementing Unit RAP Resettlement Action Plan ROW Right of Way RPF Resettlement Policy Framework UNRA Uganda National Roads Authority WB World Bank

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DEFINITIONS

Displacement: Means dispossessing someone of their land or part of their land so as to utilize the same for civil works. The affected person is required to relocate.

Displaced Persons: People or entities directly affected by a project through the loss of land and the resulting loss of residences, other structures, businesses, or other assets.

Cut-off date: Is the date of commencement of the census of persons affected by the project within the project area. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation.

Census: Means a field survey carried out to identify and determine the number of persons affected by the project activities or displaced to leave land for civil works. The census provides basic information needed to determine the appropriate resettlement option including compensation

Compensation: Means the payment in kind, cash or other assets given to a displaced person in exchange for the acquisition of land including activities;

Resettlement Assistance: Means the measures to ensure that displaced persons who require to be physically relocated are assisted with resettlement plans, materials and means whichever is applicable for ease of relocating and restoration of livelihoods.

Eligibility: The criteria for qualification to receive benefits under a resettlement program.

Grievance Procedures: The processes established under law, local regulations, or administrative decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement.

Involuntary Resettlement: means the involuntary acquisition of land resulting in direct or indirect economic and social impacts due to loss of benefits from use of land, relocation of structures, loss of access to assets, loss of income and means of livelihood and loss of social networks.

Physical Displacement: Loss of shelter and assets resulting from land acquisition associated with the project, requiring affected persons to move to other locations.

Population Census: A count of the population that will be affected by land acquisition and related impacts. When properly conducted, the population census provides information necessary for determining eligibility for compensation.

Project-Affected Area: The area subject to a change in use as a result of construction and operation of the road.

Project-Affected Households (PAH): A PAH is a household that includes one or several project-affected persons and usually comprises of a head of household, their spouses, children and other dependents (e.g.,

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parents, grandchildren).

Project-Affected Person (PAP): Any person who, as a result of the implementation of the project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected people might be displaced either physically (“Physically Displaced People”) or economically (“Economically Displaced People”).

Land Acquisition: Means the repossession of or alienation of land, buildings or other assets there on for purpose of making Land available for project activities.

Resettlement Policy Framework (RPF): Is the instrument prepared to guide resolution of displacement arising from project activities. It sets out the compensation policy and resettlement arrangements to address the needs of the affected persons to ensure that their livelihoods are restored to pre- project levels or better.

Resettlement Action Plans (RAPs): Is a resettlement instrument to be prepared when the location(s) of civil works are identified. RAPs contain specific and binding provisions to resettle and/or compensate the affected persons before implementation of the activities.

Stakeholders: A broad term that covers all parties affected by or interested in a project or a specific issue—in other words, all parties who have a stake in the project. Primary stakeholders are those most directly affected—in resettlement situations, the population that loses property or income because of the project. Other people who have interest in the project such as the UNRA itself, beneficiaries of the project (e.g., road users), etc are termed secondary stakeholders.

Vulnerable Groups: People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.

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EXECUTIVE SUMMARY

Kampala Capital City Authority (KCCA) intends to invest in infrastructure and services in order to improve urban mobility and foster economic development. Government of Uganda received funding for the Kampala Institutional and Infrastructure Development Project Phase 2 (KIIDP-II) from International Development Association (IDA), part of which will be used for improving key road links and priority drainage systems to reduce flooding in the city.

KCCA is finalizing the implementation of KIIDP phase I (KIIDP-1) funded by World Bank and on-going works in this phase include Kiteezi sanitary landfill extension, Lubigi drainage and road construction works. KIIDP-II is estimated to cost US $ 260 million, and will be implemented over a period of five years from 2014 to 2019. The project will also provide funds for institutional development by building KCCA revenue potential and deepening institutional reforms needed to anchor the city transformation process

OBJECTIVES OF THE RPF

The objectives of the Resettlement Policy Framework (RPF) are to:

. Establish the Kampala Infrastructure and Institutional Development Project (KIIDP) II resettlement and compensation principles and implementation arrangements; . Describe the legal and institutional framework underlying Ugandan approaches for resettlement, compensation and rehabilitation; . Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements; . Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and . Provide procedures for filing grievances and resolving disputes.

PROJECT DESCRIPTION

KIIDP-II will consist of the two components indicated below, which are described in detail in sections that follow:

. Infrastructure development . Institutional development

Infrastructure development component is planned to cost US $ 220 million and seeks to improve existing roads and road junctions, drainage systems including sanitation facilities and green spaces through landscaping. It will entail upgrading a total of 55 kilometers of roads, signaling 21 junctions and constructing a public transport terminal and parking facility to compliment the Bus Rapid Transport (BRT) system. These have been divided into lots which will comprise of the following:

. Lot 1: Improvement of six (6) key junctions/intersections and reconstruction, widening and dualling of 9.2 km of key Kampala City road links. . Lot 2: Improvement of fourteen (14) key junctions/intersections, development of a traffic control centre at KCCA and reconstruction with widening and dualling of 16.4 km of key Kampala City road links. . Lot 3: Reconstruction of 30 km and upgrading of 25 km roads in Kampala

Institutional development is estimated to cost US $ 40 million and seeks to strengthen the capacity of KCCA to manage the city and increase efficiency in service delivery. The component will support investment in the revenue management system; business process re-engineering; human resource development; governance; accountability and risk and disaster management; communication and change management; project monitoring and fiduciary

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Land acquisition and resettlement impacts

The implementation of the envisaged KIIDP II facilities will impact on people and activities differently (both positively and negatively) depending on the location, the existing developments in the location, land tenure system pertaining in the area and the socio-economic activities in the area.

Table 0-1: Social benefits of proposed projects Project component Benefit/ impact 1 Roads upgrade: Road improvements entailing dualling, signalling junctions, road reconstruction and upgrade will have positive impacts below: Lot 1: Improvement of six (6) key a) Higher traffic carrying capacity on dualled carriageways Junctions/intersections and b) Improved traffic flow arising from better roads with signalled junctions reconstruction, widening c) Reduced travel time and cost, benefiting the motoring public and dualling of 9.2 km of d) Aesthetic city and smarter junctions key Kampala City road e) Reduced accident risk on improved roads links. f) Paving of currently unpaved roads will improve traffic flow and socio-economic conditions in those project areas and also reduce road accident risk Lot 2: Improvement of g) When properly designed to cater for disabled people, ease of use by people with fourteen (14) key junctions/ disabilities is a positive social impact. intersections, development h) Benefits to materials suppliers of a traffic control Centre at i) Jobs and contracts to implementation contractors KCCA and reconstruction with widening and dualling of 16.4 km of key Kampala City road links.

Lot 3: Reconstruction of 30 km and upgrading of 25 km in Kampala 2 Improved drainage: Direct benefits:

Upgrading 17 km of a) Improved road drainage hence, elimination of flood risk and damage to road primary and 84 km of infrastructure and private property. secondary drains by improving flow capacity through channel expansion, realignment, lining and capacity expansion of road crossings.

Plate 1: Vehicles inundated by floods in Kampala (Credits: I. Kabenge)

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Project component Benefit/ impact b) Improved drainage will enhance public health in project communities by reducing malaria and water borne diseases.

Secondary benefits:

Modern drainage is moving away from the traditional practice of designing only for flooding to a more sustainable approach of balancing the impact of urban drainage on flooding and water quality management and amenity. In this project, sustainable drainage would have the following benefits:

i) Water quality management benefits: Some drainage components can provide water quality improvements by reducing sediment and contaminants from runoff either through settlement or biological breakdown of pollutants.

ii) Amenity & biodiversity benefits:

Sustainable drainage provides opportunities to create visually attractive green (vegetated and landscaped) and blue (water) corridors in developments connecting urban people to drainage water. This will enhance amenity of drainage infrastructure which traditionally in Kampala City, have been associated with conveying filth.

iii) Water resources benefits:

Proper drainage will enable water infiltrate into the ground and recharge underground aquifers. This is especially important for urban communities which depend on boreholes and springs for water supply.

iv) Community benefits:

Sustainable drainage can incorporate aspects that create better places to live, work and play. It can deliver value and benefits for communities in urban areas, improving local quality of life by:

. using green space to store runoff . creating attractive areas for social and recreational amenity

v) Recreational benefits from dual use of drainage overland conveyance routes for play and/or sports areas. vi) Benefits for developers: Proper drainage and improved visual attractiveness maintains rental and commercial property values.

Table 0-2: Likely resettlement impacts No Project component impact 1 Roads Upgrade and drainage 1) Temporary or permanent loss of incomes when roadside infrastructure businesses (markets, kiosks, boda-boda commuter cycles/ taxi stages) are disrupted. This impact will occur during the construction This component will involve: phase and may be short-term and reversible.

. Improvement of six (6) key Mitigation: Junctions/intersections and reconstruction, widening and dualling of a) KCCA to ensure fast construction scheduled to minimize duration of 9.2km of key Kampala City road links.

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No Project component impact disruption . Improvement of fourteen (14) key b) KCCA can provide temporary alternative relocation sites for legal Junctions/intersections, development of a businesses affected traffic control Centre at KCCA and reconstruction with widening and dualling 2) Damage to private property by construction activities of 16.4km of key Kampala City road links. Mitigation: . Reconstruction of 30km and upgrading of 25km of roads in Kampala a) Ensure replacement compensation is provided to property (building, public utilities) owners/ operators.

. The project will also involve 3) Loss of business due to severance of access. upgrading 17 km of primary and 84 km of secondary drains by improving flow This may arise when construction activities and open trenches sever capacity through channel expansion, access to shops and other business premises. The act is short-term but realignment, lining and capacity expansion may have noticeable economic impact to business owners. of road crossings. Mitigation:

a) Contractors will provide temporary accesses; b) Contactors will expedite construction in business areas

4) Loss of land to project infrastructure. Where road projects affect private land outside the road reserve.

Mitigation:

a)Equitable and timely compensation should be provided to would-be affected land owners

KEY HIGHLIGHTS OF THE RPF

The key highlights in this RPF report is presented as follows:

. Principles and objectives governing resettlement preparation and implementation. . A description of the process for preparing and approving resettlement plans. . Land acquisition and likely categories of impacts. . Eligibility criteria for defining various categories of project affected persons. . A legal Framework reviewing the fit between the laws of Uganda and regulations and World Bank policy requirements and measures proposed to bridge any gaps between them. . Organizational procedures for the delivery of entitlements, including an Entitlements Matrix. . A description of the implementation process, linking resettlement implementation to civil works. . Descriptions of grievance redress mechanisms. . A description of mechanisms for consultations with, and participation of PAPs in planning, implementation, and monitoring of KIIDP II activities. . Arrangements for monitoring by the implementation agency and, if required, by independent monitors.

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1 BACKGROUND

1.1 About Kampala City

Kampala is located on the northern shores of Lake Victoria in the South East of Uganda and is bordered by Wakiso District to the North, East, West and South-west, covering an area of 195 km2. It is situated at an average altitude of 3910 ft (1120 m) above sea level, and on 24 low flat topped hills that are surrounded by wetland valleys.

Kampala is the capital city of the Republic of Uganda and its history is traced back to the 1600s when it was established as the capital (or Kibuga) of Buganda Kingdom. It served as a political and administrative capital until 1893, when the British declared Uganda their protectorate and transferred the capital to Entebbe, but returned as capital city in 1962 at Uganda’s independence. Kampala means a “hill of Impalas” derived from a luganda word (Mpala), a type of antelope (Aepyceros melampus) which were common in a place today known as Old Kampala. Some have traced Kampala’s planning as early as the 1600s, but the first modern urban planning scheme for Kampala was undertaken in 1912, covering Nakasero and Old Kampala hills. It comprised of 567 ha of development and accounted for a population of approximately 2850 people. This was followed by additional planning schemes undertaken in 1919, 1930, 1951, 1968, 1972 and 1994 besides the recent one that led to the Kampala Physical Development Plan. In 1993, Kampala became a District under the Decentralization Act.

In early 2007, it was announced that Kampala would remove commuter taxis from its streets and replace them with a comprehensive city bus service. ("taxi" refers to a 14-seater minibus used as public transport.) The bus service was expected to cover the greater Kampala metropolitan area including Mukono, Mpigi, Bombo, Entebbe, Wakiso and Gayaza. The decision is yet to be implemented.

Boda-bodas (commuter motorcycles) are a popular mode of transport that gives access to many areas within and outside the city. Having successfully completed the Northern Bypass, the government, in collaboration with its stakeholders, now plans to introduce the Bus Rapid Transit (BRT) system in Kampala by 2014. On 12 March 2012, Pioneer Easy Bus Company, a private transport company, started public bus service in Kampala with an estimated 100 buses each with a 60-passenger capacity (30 seated and 30 standing), acquired from China. However its operations ceased and in its place arose a new bus company (Awakula Ennume).

1.2 General overview of transport and drainage in the city a) Transport Kampala Capital City Authority (KCCA) intends to invest in infrastructure and services in order to improve urban mobility and foster economic development. It is finalizing the implementation of phase I for Kampala Institutional and Infrastructure Development Project (KIIDP) funded by World Bank. Works under phase I included Kiteezi sanitary landfill extension, Lubigi drainage project and road construction works. In addition, preparation for KIIDP-II is under way and will commence in 2014. KIIDP-II is estimated to cost US $ 260m, and will be implemented over a period of five years from 2014 to 2019. The project will also provide funds for institutional development by building KCCA revenue potential and deepening institutional reforms needed to anchor the city transformation process.

Kampala Capital City Authority (KCCA) is mandated to plan, develop and maintain capital city infrastructure essential for promoting socio-economic growth, enhancing the conduct of business, improving urban traffic flow and reducing poverty. The city has over 1218 km of roads of which only about 38% are paved. Until recent effort to improve them, almost all city roads are in moderate or poor state characterized by aged pavement and potholes.

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Traffic congestion in the city is growing with increasing vehicle numbers. This congestion results into higher vehicle operating costs, fuel expenditure and long travel times. In terms of drainage, Kampala City is drained mainly through 7 primary channels served by numerous secondary and tertiary systems. Human settlement and industrial development are extending from the many hills to the lower lying areas on the banks of the drainage channels, which are part of wetlands and floodplains. The natural and manmade drainage channels along floodplains and low-lying areas are regularly overtopped by floodwaters, causing damage to dwellings and industrial property and disrupting traffic flow in rain seasons. The National Development Plan (NDP) recognizes that the transport sector is a crucial complimentary sector to the achievement of its objectives. Therefore a sound transport system is important for socioeconomic development as it provides effective support to the primary growth sectors of the economy. The overall objective of the transport sector is to promote provision of cost effective, efficient, safe and environmentally friendly transport services.

The road network in Kampala has limited capacity and was not built for high volume traffic which therefore has caused severe congestion during the day resulting in significant time loss for motorists. It is estimated that 92 million man-hours per annum are lost in Kampala due to increasing congestion, equivalent to over US$ 100 million per annum. This has a tremendous impact on the overall economy and well-being of the city and its inhabitants. Conditions are expected to get worse over the next few years due to increasing car ownership and population growth throughout the city in which projected road construction doesn’t meet the growing demand. This has severe implication not only on auto traffic but also on the ability to provide reliable public transport service, which is limited to the main corridors and generates additional traffic along narrow streets.

There are 4 major reasons for inadequate road network in Kampala:

. Lack of a hierarchical road network with 2 or 3 lane arterial roads linking major residential areas to the City Centre. . Lack of highways / ring roads connecting major settlements outside the KCCA. . Lack of segregation between different traffic modes, specifically segregation between vehicular traffic and pedestrian / public transport passengers. This drastically reduces the capacity of the network as detailed in the body of the report. . Low quality of roads with only 35% of roads being paved, whereas the rest of the road network consists of dirt road, some of which are in very poor condition. This puts additional stress on the existing paved network which must channel all traffic that avoids using unpaved roads.

The current transport system is a major factor affecting the quality of life as well as the urban development of Kampala. The current system in the GKMA, and especially in the KCCA, is unsustainable: The level of service it provides is constantly deteriorating, and its damaging effect on the environment and quality of life is increasing. Level of mobility (number of daily tours) in the GKMA is low at only 1.25 tours per person per day. Most tours are pedestrian, especially non-working tours. Moreover, the average length of a pedestrian trip is very short, ~0.35 km. This means that most Kampala residents do not have good access to important services.

It is estimated that about 2.5 million hours are spent every day on travel in the GKMA, 75% of this time is spent walking. Therefore KIIDP-II will greatly benefit GKMA and the general city economy. b) Drainage Drainage in Kampala has always been a critical challenge characterized by flooding with considerable damage to property and in some cases loss of human life. Climate change is of concern, as is greater runoff because of growth in the built environment and inadequate drainage infrastructure, coupled with loss of wetlands which are important stormwater sinks. Large volumes of stormwater from surrounding hills drain through Kampala city. This stormwater is conveyed to wetlands, rivers and streams and Lake Victoria by drainage channels with key ones including Nakivubo Channel and Bwaise-Lubigi drainage channel. Most drainage in the built areas is in open culverts, of varying type,

P a g e | 3 along the roadside. As a result road widths and pedestrian sidewalks are severely constrained. Often pedestrian access to and from the road is severely constrained and makeshift crossings are constructed and used. The culverts also frequently constitute road safety hazards. Moreover, the open culverts are frequently utilised as dumping grounds for waste disposal. Given low maintenance levels they constitute severe health and localised flood risks.

In view of this, Government of Uganda received funding for the Kampala Institutional and Infrastructure Development Project Phase 2 (KIIDP-II), from the International Development Association (IDA). Part of the Credit will be used for improving key road links and junctions to improve traffic flow within Kampala City and to improve priority drainage systems to reduce flooding in the city.

1.3 About KIIDP-II

KIIDP-II will build on achievements of KIIDP-1 developed to deepen institutional reforms and enhance city infrastructure for improved urban mobility and economic development, taking consideration of:

a) Kampala Transport Improvement Plan (2003), b) Kampala Drainage Master Plan (2003), c) Kampala Physical Development Plan (2012), d) The new corporate strategy of KCCA (2012), e) Proposed Bus Rapid Transport (BRT) system for GKMA, f) Kampala – Entebbe Super highway (2013), g) Findings & recommendations of Uganda Urbanization Review (2012).

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2 OBJECTIVES AND METHODOLOGY USED FOR PREPARATION OF RPF

2.1 Objectives of the RPF

The objectives of the Resettlement Policy Framework (RPF) are to:

The RPF will apply to construction works and major rehabilitation activities, as well as other maintenance works by KCCA which may trigger World Bank Policy OP 4.12 on involuntary resettlement to be applied to KIIDP II. The proposed infrastructure development will include upgrade of 55 km of roads; signalize 21 junctions and construction of a public transport terminal and parking facility to compliment the proposed BRT system and primary and secondary drainage works. The RPF follows the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP4.12), as described in Annex 1.

Resettlement impacts of proposed KIIDP II projects can be minimized by measures listed below:

. Avoiding displacement of people without a well-designed compensation and relocation process; . Minimizing the number of PAPs, to the extent possible; . Compensating for losses incurred,incomes and livelihoods; and . Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs livelihoods and their wellbeing.

2.2 Methodology RPF and Stakeholder Engagement/Consultation 2.2.1 Methodology

The RPF was prepared based on the following methodology

a) Review of project documents b) Regulatory review (Uganda) c) Review of World Bank Safeguard Policies d) Visit to selected project sites e) Key stakeholder consultations

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2.2.2 Stakeholder Engagement

The principles applied in the engagement with stakeholders are the following:

. Significance: deal with issues of significance to stakeholders. . Completeness: understand the concerns, views, needs and expectations. . Responsiveness: respond coherently and appropriately. The interaction with stakeholders requires:

. Communication: open and effective communication means listening and talking. . Transparency: clear and agreed information and feedback processes. . Collaboration: work to seek mutually beneficial outcomes where feasible. . Inclusiveness: recognise, understand and involve stakeholders in the process. . Integrity: conduct engagement in a manner that fosters mutual respect and trust. Stakeholders involved in this project range from the Lead Agencies, government entities, private entities, and the District officials under the 5 administrative divisions.

Methodologies used to engage and obtain input from stakeholders include:

. Joint stakeholder meetings . Email correspondence . Literature searches. Emphasis was placed on a fully inclusive, open and transparent stakeholder participation process in the transfer of information KIIDP II. A joint stakeholder meeting was held on 5th November 2013 at the KCCA City Hall, Committee Room 2. During the meeting an overview of the KIIDP II was provided, likely social and environmental impacts presented. Key stakeholders in the proposed project are shown in table below.

Table 2-1: Key stakeholders in the proposed KIIDP-II project Stakeholder Interest during project implementation 1 UMEME Underground/ above ground power infrastructure 2 Telecom companies (MTN, Airtel, UTL, Orange) Underground telecommunication infrastructure 3 NEMA General environmental considerations 4 NWSC Water transmission and distribution infrastructure 5 UNRA Interconnection of city roads with highways/ trunk roads 6 Ministry of Lands, Housing & Urban Development General urban planning considerations 7 Department of Museum & Monuments Physical cultural resources management / protection and conservation 8 Wetlands Management Department Impact on wetlands as drainage sinks 9 OHS Department in MGLSD Occupational health & safety during road construction 10 Traders Impact on businesses and trade during road works 11 Public transport operators (taxi, buses, commuter cycles) Impact of transport operations 12 Uganda Police (Traffic Department) Road safety and traffic flow impacts 13 Property owners Protection of their property from damage/ compensation for any damage 14 Public and private institutions along roads/ drains There should not be severance of access to them during reconstructed project construction activities. 15 Administrative divisions of Makindye, Nakawa, Lubaga, These are the project recipients/ beneficiaries. Kawempe and Kampala Central

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2.3 Findings from stakeholder’s engagement

Based on sub section 2.2.2, the process of stakeholder mapping resulted in the identification of relevant stakeholders for KIIDP II. A joint stakeholder meeting was held on 5th November 2013 at the KCCA City Hall, Committee Room 2 to collect the diverse views from the stakeholders. This eased to collect large amounts of data from many respondents in the limited time available for this assignment. The overriding challenge however was resident in ensuring full active participation of all the stakeholders identified in table 2.1. Therefore, this report aptly shows the responses from the stakeholders who responded to the invitation to the joint stakeholder meeting in Table 2-2. The attendance of stakeholders was large and the responses collected were perceived as being sufficient to represent the collective opinions of all stakeholders. Therefore, the results of the joint stakeholders were adopted without need to further engage those who did not participate. During the meeting an overview of the KIIDP II was provided and likely social and environmental impacts presented.

Table 2-2: Views from stakeholders Kampala City a) There should be a plan to ensure that excavations in the city are done once and common utility Traders ducts shared by all utility companies. Association, b) Excavations during road works damage forecourts and verandahs of private and commercial KACITA property but this damage takes long to be remedied. It is common that property owners eventually reconstruct such damage at their cost, an undue cost to the business / property owners. c) The speed of construction should bear in mind economic impact of dust emissions to roadside businesses and commercial premises. Contractors should consider working on short stretches they can manage to complete quickly before opening up new ones. This reduces exposed surfaces that would generate dust. Businesses often lose a lot of merchandise and hence revenue due to dust emissions. d) To avoid disruption to businesses, construction within the Central Business District should be undertaken at night. e) Traffic flow improvements to result from proposed KIIDP-II projects are commendable however there should be linkage with general traffic in the Greater Kampala Metropolitan Area (GKMA) because reducing traffic congestion in the city without similar intervention in the rest of Kampala may not yield the desired benefits. When traffic outside the city is slow, motorists would still delay to drive into the “traffic-efficient” city center.

Awakula Ennume . The business community should be notified in time of planned KIIDP-II project activities and Bus Company schedules because these may affect operations and financing arrangements that business entities might have with banks. For instance delays in completion of road projects could affect bus operations and this would impact cash flows and loan obligations that public transport companies may have with financiers. . KCCA can consider social media and other channels to publicize the project and ensure as many stakeholders as possible are informed and aware of proposed developments.

Ministry of Lands Many other urban authorities look at KCCA as a trend-setter. How things are done by KCCA reflect in Housing & Urban how other municipal authorities carry out their activities and therefore KCCA should be a good example Development in implementing the proposed projects. For instance, it would be good for every road to have a “common services duct” that can be shared by all utility companies to avoid repeated excavations along and across roads. National Water & . Contractors hired for implementation of proposed KIIDP-II projects should have the discipline to Sewerage control environmental pollution, especially dust emissions. For instance instead of opening long Corporation, NWSC stretches of roads that cannot be quickly completed and left to generate dust for prolonged periods, contractors should progressively work on short sections that can be quickly completed before working on the next.

. The National Planning Authority (NPA) should take centre stage in planning collective/ common infrastructure in the city. Like in other cities elsewhere, KCCA should develop common services ducts that can be rented to utility companies. This would also generate revenue for the city

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authority. It was noted that NWSC would soon commence large-scale excavations for sewers, which would not be necessary had there been common ducts it could use. Wetlands Without proper controls, construction activities of proposed projects could have negative environmental Management effects. Therefore recommendations below are proposed: Department, WMD a) Construction waste should not be dumped in wetlands b) Designs should ensure culverts of right capacities are installed to avoid hydraulic severance of wetlands at water crossings. c) Contractor(s) should have an environmental officer to guide construction activities. Orange Telecom Excavations to lay subsurface infrastructure sometimes depends on specific demand by a given client to have services from a particular provider. A telecommunication company might have a fiber optic cable already laid in a given area but when a client demands services from an alternative company, another trench will be dug. This however would be avoided when the city has common services ducts Uganda Telecom a) KIIDP-II project implementation schedule should be publicized early among stakeholders so that Limited, UTL utility companies can plan accordingly. b) Any damage caused by KCCA contractors to utility infrastructure should be promptly remedied to avoid disruption of service to customers/ consumers and financial loss. c) Telecommunication infrastructure (e.g. fibre optic cables) if disinterred (unburied) by contractors, should be protected from risk of vandalism by minimizing time they are left exposed. d) UTL supports the idea of KCCA developing a common services duct to be shared by all utility companies to avoid multiple disruptive excavations in the city. KCCA a) People with disabilities, children and women should be considered in designing and development of the proposed road projects. For example, crossings should be available and safe for these categories of road users. Road design should provide for pedestrian safety since walking is the commonest and easiest way of moving around in this city. Signaled pedestrian crossings that are usable by even the blind should be considered in project design. b) Road construction should consider possible impacts to schools and health care facilities adjoining roads noting that construction trucks which often move at high speeds through communities can be an accident risk to public road users. c) High motoring speeds on newly improved roads can be accident risk and control measures such as road signs and speed humps should be placed where required. d) Deep roadside stormwater drains are a risk to road users (an example is ones on Banda Road). These should be covered for safety of motorists and pedestrians. e) Roadside businesses should be considered during project implementation to avoid economic loss.

A joint stakeholder’s meeting where all stakeholders mentioned in table 2-1 above took place, however not all identified in table 2-2 above attended, this was mainly due to limited time given to the consultant to carry out the assignment. A record of stakeholders consulted is presented in Annex 6.

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3 PROJECT DESCRIPTION

Background

Kampala Capital City Authority (KCCA) intends to invest in infrastructure and services in order to improve urban mobility and foster economic development. It is finalizing the implementation of phase I for Kampala Institutional and Infrastructure Development Project (KIIDP) funded by World Bank. Under phase I, the on-going works include extension of Kiteezi sanitary landfill, construction of Lubigi channel, and road construction works. In addition, preparation for KIIDP phase II is under way and the Phase II will commence in 2014. KIIDP phase II is estimated to cost US $ 260m, and will be implemented over a period of five years from 2014 to 2019. The project will also provide funds for institutional development by building KCCA revenue potential and deepening institutional reforms needed to anchor the city transformation process.

The project will have two components:

(i) Infrastructure development; (ii) Institutional development.

3.1 Infrastructure development

The infrastructure development component is estimated to cost US $ 220m and seeks to improve the quality and stock of roads and road junctions, drainage systems including the attendant sanitation facilities and green spaces through landscaping. It will involve upgrade of a total of 55 km of roads, signalize 21 junctions and construct a public transport terminal and parking facility to compliment the Bus Rapid Transport (BRT) system. These have been divided into lots which will comprise of the following work items:

 Lot 1: Improvement of six (6) key junctions/intersections and reconstruction, widening and dualling of 9.2km of key Kampala City road links.  Lot 2: Improvement of fourteen (14) key junctions/intersections, development of a traffic control centre at KCCA and reconstruction with widening and dualling of 16.4km of key Kampala City road links.  Lot 3: Reconstruction of selected roads.

List of roads in each lot are described below.

Table 3-1: Lot- 2 Junction Improvements and Dualling- 2a Dualling Length Lane No Road From To Division Required Intervention KM Length 1 Capacity Clock Tower Kibuye Makindye Reconstruction and 1.5 9.0 Improvements to R/about Dualling Queensway 2 Nakawa Ntinda Nakawa- Kiira Rd Nakawa Reconstruction and 2.80 11.20 Road Dualling, and 3 junctions (includes Ntinda Jcn) 3 Kayemba Road Katwe Road Jjuko Road Makindye Upgrading and underpass 2.0 4.0 4 Old Portbell Road/ Wampewo New Nakawa Reconstruction/dualling 3.4 13.6 Spring Road Roundabout Portbell and signalisation of

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Length Lane No Road From To Division Required Intervention KM Length Road 2junctions (shell Bugolobi and Spring Rd fifth street) 5 New Port Bell Nakawa- Portbell Nakawa Reconstruction and 6.7 26.8 Road junction Pier Dualling, and 4 junctions, and bridge extension Subtotal 2A 16.4 64.6

Table 3-2: 2B Junctions

No Junction Connecting Roads Division Required Intervention 1 Kabalagala Junction Tankhill/Gaba road Makindye Signalisation 2 Mulago Junction Haji Kasule Rd-Yusuf Lule Rd, kira road, Central Signalisation Binaisa road 3 Ndeeba Junction Masaka Road, Kalinda, Weraga road in Lubaga Signalisation / Ndeeba grade separation 4 Kabaka round about Kabaka Anjagala Rd/Lubaga Rd Lubaga Signalisation 5 Kivebulaya Junction Canon Apollo Kivebulya Rd/ Lubaga Road Lubaga Signalisation (Lubaga Road) 6 Kabuusu Junction Wankulukuku Road, Masaka road, Lubaga Signalisation Kabusu road 7 Hanlon Nsambya Nsambya Estate Road, Gaba Road, Makindye Signalisation Junction Hanlon Road 8 Mini Price Junction LuwumStrt/Namirembe Rd, Ben Kiwanuka Central Signalisation Strt 9 Katwe Junction 1 Kayemba Road- Katwe Road Makindye Signalisation 10 Kawempe Junction Lugoba, Tula, Bombo Kawempe Signalisation 11 Kayemba Junction Kayemba Road- Lukuli Road and Wamala Makindye Signalisation Road 12 Lugogo Bypass Lugogo Bypass-Upper Kololo Terrace Central Signalisation Junction 1 13 Lugogo Bypass Lugogo Bypass-Naguru Road Central Signalisation Junction 2 14 Bulange Junction Albert Cook Road- Sentema Road- Lubaga Signalisation Balintumwa Road 15 Balintuma Junction Balintumwa Road-Kitakule Road- Lubaga Signalisation Nabulagala Road-Willis Road 16 Construction of a traffic control centre at City Hall, KCCA linking all Central signlalized intersections

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Table 3-3: LOT-3: Road Reconstruction and Upgrade Length Lane No Road name From To Division Required Intervention KM Length 1 John Babiha Yusuf Lule Road Kira Road Central Reconstruction 1.73 3.5 Avenue 2 Old Kampala Ring Rubaga via gadaffi to Central Reconstruction 1.60 3.2 Road RoadNamirembe Namirirembe Road 3 Fifth Street Spring Road Seventh Central Reconstruction 1.10 3.3 Street 4 Sixth Street Mukwano Round Fifth Street Central Reconstruction 1.80 5.4 5 Seventh street Mukwano Fifth street Central Reconstruction 1.80 5.4 R/about 6 Eight Street/ Mukwano Bukasa road Makindye Reconstruction 2.80 8.4 Namuwongo road 7 Sir Apollo Kagwa Bwaise KNBP Nsalo road Kawempe Reconstruction 3.40 6.8 Road 2 8 Rubaga Road Namirembe Road Stensera Lubaga Reconstruction 2.26 4.5 Road 9 Kisaasi-Kyanja Kisaasi Gayaza Nakawa Reconstruction 2.6 5.2 10 Ssuna Road-2 Nyanama Zana Beyond Reconstruction 3.7 7.4 11 Muzito Road Wankulukuku Entebbe Lubaga Reconstruction 2.2 4.6 Road Road 12 Luwafu road Mobutu road Salaama Makindye Reconstruction 2.6 6.5 Road 27.59 64.2

13 Dr Sembeguya Kawempe Mbogo Ttula Kawempe Upgrade to Paved 2.4 4.8 14 Kulambiro Ring Northern bypass Kisasi Road Nakawa Upgrade to Paved 3.1 6.2 Road 15 Dembe -Kilowoza Kyanja Kyanja Nakawa Upgrade to Paved 3.4 6.8 16 Ssuna road-1 Entebbe Road2 Muzito Lubaga Upgrade to Paved 4.20 8.4 17 Mugema Road Masaka Road Sentema Rd Lubaga Upgrade to Paved 3.70 7.4 18 Muteesa I Road Balintuma Road Albert Cook Lubaga Upgrade to Paved 2.2 5.3 19 Kyebando Central Kyebando Ring Bahai Road Kawempe Upgrade to Paved 1.5 3.2 road Road

20 Kirombe road Nsambya estate Lukuli road Makindye Upgrade to Paved 2.1 4.4 21 Kawala Road Hoima Rd Lugoba Rd Kawempe Upgrade to Paved 2.5 6.3 22 Kitebi- Kitebi Road Segguku Beyond Upgrade to Paved 6 15 Bunamwaya- Segguku 23 Parking garage Burton BRT Central Street/BRT 31.10 67.7 SUB-TOTAL LOT-3 World Bank 58.69 131.9

Under the drainage component, the proposed project will involve upgrading 17 km of primary and 84 km of secondary drains by improving flow capacity through channel expansion, realignment, lining and capacity expansion of road intersections. The drainage improvement works will include, but not be limited to:

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i. site clearance as specified; ii. construction of temporary access roads as necessary; iii. construction of flow diversion facilities as necessary; iv. removal of existing channel lining and its disposal v. excavations in water logged material to re-align, enlarge and reshape the channel cross section; vi. surface preparation followed by placing and compacting imported materials; vii. construction of open channel lining in armorflex, gabions, reinforced concrete, stone pitching, grassed earth, etc. viii. construction of box culverts and bridges, supply and installation of pre-cast culverts; ix. cleaning, repairing and construction of open channels, culverts, catchpits and realigning parts of the drainage system. x. protection and rerouting of utility services across the drainage channels as necessary; xi. maintenance of the works during the contract period and the defects liability period of the construction contract xii. Landscaping of the drainage reserves to enhance the general aesthetics of the areas.

3.2 Institutional development

This component is estimated to cost US $ 40 million and seeks to strengthen the capacity of KCCA to manage the city and increase efficiency in service delivery. The component will support investment in the revenue management system; business process re-engineering; human resource development; governance; accountability and risk and disaster management; communication and change management; project monitoring and fiduciary activities.

Project implication and requirement

Among the two components proposed by the KIIDP II program, infrastructure development component that initials activities such as construction of roads and road junction as well as primary and secondary drainage works will lead to either land acquisition and /or denial of restriction to or loss of access to economic assets and resources and therefore, ultimately to the resettlement and compensation of people. When this occurs, relevant provision in the laws of Uganda, such as the land act and the World Bank operational policy, OP 4.12 on Involuntary Resettlement will be triggered. As part of the preparation for implementation of the KIIDP II, KCCA has commissioned a Resettlement Policy Framework (RPF) to guide KIIDP II activities within the five divisions of the city. The RPF will ensure that affected communities are meaningfully consulted, have participated in the planning process and, are adequately compensated to the extent that their pre-displacement incomes have been restored and that the process of compensating or resettling is a fair and transparent one.

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4 CAPACITY AND INSTITUTIONAL ASSESSMENT FOR KCCA

One of the core functions of KCCA’s Directorate of Gender, Community Services and Production (GCP) is to develop, monitor and evaluate effectiveness of social rehabilitation and resettlement programs in transforming them to responsible and productive citizens. This function entails the responsibility of overseeing preparation of RAPs and their implementation. Skills and experience in resettlement planning/implementation and World Bank social safe guard policies were found low among Gender and Community Services staff of KCCA and the five divisions of Kampala. Although staff in the Gender and Community Services Directorate and KCCA divisions was found to be well qualified (see Table 4-1) they lacked practical skills and experience in resettlement planning and World Banks social safe guard policies and this could affect easy implementation of KIIDP II projects. There is therefore need for training in World Bank Safe guard policies, RAP planning, RAP preparation, managing RAPs implementation, difference between RAP and Abbreviated Resettlement Action Plans (ARAP) and the difference between Ugandan laws and World Bank (WB) requirements on resettlement.

Table 4-1: Institutional structure in KCCA and the Five Divisions Position Qualification and Experience Gaps KCCA Director, Gender and Community Masters in Social sector planning Training in RAPs and WB social safe Services and management, BSc in Social guard policies Work and Social Administration. Deputy Director MSc in Development Management, Training in RAPs and WB social safe BSc in Social Sciences and Post- guard policies graduate Diploma in Development Management Deputy Director, Production and PhD Animal breeding and genetics, Training in RAPs and WB social safe Marketing Msc Animal breeding and BSc guard policies Agriculture. Five Divisions Central Division- Supervisor Gender MSc in Gender and Women, BSC in Training in RAPs and WB social safe & Community Development acting as Social Sciences guard policies the CDO Nakawa Division- CDO MSc in Public Administration and Training in RAPs and WB social safe Management, BSC in Social guard policies Sciences Lubaga Division-CDO MSc Training in RAPs and WB social safe guard policies Kawempe Division-CDO MSc Business Administration, BSc Training in RAPs and WB social safe Social works guard policies Makindye Division-CDO MSc in Social Sector Planning & Training in RAPs and WB social safe Management, BSc in Social Work guard policies and Social Administration.

Capacity enhancement required to ensure effective implementation of this RPF and management of any subsequent RAPs the following recommendations are made: a) Training in overseeing in RAP planning, preparation and managing implementation

Relevant personnel in KCCA’s Directorate of Gender, Community Services and Production and Community

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Development Officers in the five Divisions should be trained to have skill capabilities outlined below:

. RAP planning, . RAP preparation . Managing implementation of RAPs . Difference between RAP and Abbreviated Resettlement Action Plans (ARAP) b) Training in vulnerability assessment and management during resettlement

Personnel at KCCA and divisions should be trained in identifying and management of vulnerable persons during resettlement. These people often require special assistance when affected by the developments KCCA would undertake. Training should entail identifying categories of vulnerabilities as suggested by World Bank/IFC.

The training should impart skills based on requirements of Ugandan laws and regulations and World Bank operational policies, especially OP 4.12.

Specific personnel in table below should be involved in the training.

Table 4-2: Personnel to be trained Entity Personnel to be trained

Office of Deputy Director Gender Department: Welfare & Department: Gender Youth & Welfare & Community Services Community Service Children Supervisors, Community Supervisor- Orphan & Vulnerable Development Children Community Development Officers Officers Community Development Assistants Divisions Community Development Officers (CDOs)

In view of the capacity assessment and diversity of stakeholders involved, the need for coordination, KCCA will document and disseminate the project’s plans to ensure that all stakeholders are fully involved from project design, its monitoring and overall evaluation. KCCA will ensure that the design team participates in all stakeholder engagement sessions and issues raised at design stage are integrated in project design and fully implemented.

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5 LAND ACQUISITION AND RESETTLEMENT IMPACTS

Table 5-1: Social benefits of proposed projects Project component Benefit/ impact 1 Roads upgrade: Road improvements entailing dualling, signalling junctions, road reconstruction and upgrade will have positive impacts below: Lot 1: Improvement of six (6) key j) Higher traffic carrying capacity on dualled carriageways Junctions/intersections k) Improved traffic flow arising from better roads signalled junctions and reconstruction, l) Reduced travel time and cost, benefiting the motoring public widening and dualling of m) Aesthetic city and smarter junctions 9.2 km of key Kampala n) Reduced accident risk on improved roads City road links. o) Paving of currently unpaved roads paved will improve traffic flow and socio- economic conditions in those project areas and also reduce road accident risk Lot 2: Improvement of p) When properly designed to cater for disabled people, ease of use by people fourteen (14) key with disabilities is a positive social impact. junctions/ intersections, q) Benefits to materials suppliers development of a traffic r) Jobs and contracts to implementation contractors control Centre at KCCA and reconstruction with widening and dualling of 16.4 km of key Kampala City road links.

Lot 3: Reconstructing 30 km and upgrading 25 km of xxx in Kampala

2 Improved drainage: Direct benefits:

Upgrading 17 km of c) Improved road drainage hence, elimination of flood risk and damage to road primary and 84 km of infrastructure and private property. secondary drains by improving flow capacity through channel expansion, realignment, lining and capacity expansion of road crossings.

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Project component Benefit/ impact

Plate 1: Vehicles inundated by floods in Kampala (Credits: I. Kabenge)

d) Improved drainage will enhance public health in project communities by reducing malaria and water borne diseases.

Secondary benefits:

vii) Water quality management benefits:

Some drainage components can provide water quality improvements by reducing sediment and contaminants from runoff either through settlement or biological breakdown of pollutants.

viii) Amenity & biodiversity benefits: Sustainable drainage provides opportunities to create visually attractive green (vegetated and landscaped) and blue (water) corridors in developments connecting urban people to drainage water. This will enhance amenity of drainage infrastructure which traditionally in Kampala City, have been associated with conveying filth.

ix) Water resources benefits:

x) Community benefits:

Sustainable drainage can incorporate aspects that create better places to live, work and play. It can deliver value and benefits for communities in urban areas, improving local quality of life by:

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Project component Benefit/ impact

. using green space to store runoff . creating attractive areas for social and recreational amenity

xi) Recreational benefits from dual use of drainage overland conveyance routes for play and/or sports areas. xii) Benefits for developers: Proper drainage and improved visual attractiveness maintains rental and commercial property values.

Table 5-2: Likely adverse resettlement impacts No Project component impact 1 Roads Upgrade and drainage 5) Temporary or permanent loss of incomes when roadside infrastructure businesses (markets, kiosks, boda-boda commuter cycles/ taxi stages) are disrupted. This impact will occur during the This component will involve: construction phase and may be short-term and reversible.

. Improvement of six (6) key Mitigation: Junctions/intersections and reconstruction, widening and dualling a) KCCA to ensure fast construction scheduled to minimize of 9.2km of key Kampala City road duration of disruption links. b) KCCA can provide temporary alternative relocation sites for legal businesses affected . Improvement of fourteen (14) key Junctions/intersections, 6) Damage to private property by construction activities development of a traffic control Centre at KCCA and reconstruction with Mitigation: widening and dualling of 16.4km of key Kampala City road links. a) Ensure replacement compensation is provided to property (building, public utilities) owners/ operators. . Reconstructing 30km and upgrading 25km of xxx in Kampala 7) Loss of business due to severance of access.

This may arise when construction activities and open trenches . The project will also involve sever access to shops and other business premises. The act is upgrading 17 km of primary and 84 short-term but may have noticeable economic impact to business km of secondary drains by improving owners. flow capacity through channel expansion, realignment, lining and Mitigation: capacity expansion of road crossings. a) Contractors will provide temporary accesses; b) Contactors will expedite construction in business areas

8) Loss of land to project infrastructure. Where road projects affect private land outside the road reserve.

Mitigation:

a)Equitable and timely compensation should be provided to would-be affected land owners

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6 BASELINE CONDITIONS IN PROJECT DISTRICTS

Social-environmental conditions are important for understanding potential socio- economic impacts of KIIDP-II such as its effect on existing social services, availability of local labour and induced changes in population dynamics. The social economic baseline provides a background against which to judge how urban and peri-urban communities might perceive the project and how different socio-economic conditions may change during and after the proposed project. Climatic conditions (rain, winds or temperature) will not only influence impacts associated with road works and drainage projects but some (e.g. rain storms) may also have bearing on implementation schedules or design and capacity of drainage infrastructure. Impacts such as road dust will be more prevalent during dry seasons. Soils and geology correlate with ground conditions in which roadworks will be implemented.

All proposed projects will be undertaken within Kampala City, within Kampala District. Figure 6-1 below shows location of Kampala City and its five administrative divisions of Kawempe, Lubaga, Nakawa, Makindye and Kampala Central. General baseline environmental and socio-economic conditions in Kampala District comprising the project area are discussed in sections below and will provide a basis for predicting impacts of KIIDP-II.

6.1 Climate

Kampala features a tropical wet and dry climate. However, due to the city’s higher altitudes, average temperatures are noticeably cooler than is typical for other cities with this type of climate. Kampala seldom gets very hot during the course of the year, the warmest month being January. The average temperature for Kampala is 21.9°C, with an annual range of 2.4°C with relative humidity of about 53% to 89%. Another aspect of Kampala’s weather is its two distinct wet seasons. There is a long rainy season from August to December and a shorter one between February and June. However, the shorter rainy season can have substantially heavier rainfall per month, with the month of April typically seeing the heaviest amount of precipitation with an average of around 175 mm. Annual rainfall amounts to between 1750 mm and 2000 mm/year.

Table below shows climate of Kampala District.

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Table 6-1: Climate of Kampala District Climate data for Kampala Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year 33 36 33 33 29 29 29 29 31 32 32 32 36 Record high °C (°F) (91) (97) (91) (91) (84) (84) (84) (84) (88) (90) (90) (90) (97) 28.5 29.3 28.7 27.7 27.2 26.9 26.7 27.2 27.9 27.7 27.4 28 27.8 Average high °C (°F) (83.3) (84.7) (83.7) (81.9) (81) (80.4) (80.1) (81) (82.2) (81.9) (81.3) (82) (82) 22.7 22.6 22.6 21.9 21.4 21 20.6 20.9 21.3 21.8 21.9 21.9 21.72 Daily mean °C (°F) (72.9) (72.7) (72.7) (71.4) (70.5) (70) (69.1) (69.6) (70.3) (71.2) (71.4) (71.4) (71.1) 17.9 18.3 18.2 18.1 17.9 17.7 17.2 17.0 17.2 17.5 17.5 17.8 17.7 Average low °C (°F) (64.2) (64.9) (64.8) (64.6) (64.2) (63.9) (63) (62.6) (63) (63.5) (63.5) (64) (63.9) 12 14 13 14 15 12 12 12 13 13 14 12 12 Record low °C (°F) (54) (57) (55) (57) (59) (54) (54) (54) (55) (55) (57) (54) (54) 71 54 119 174 124 66 56 91 106 126 152 86 1,225 Rainfall mm (inches) (2.8) (2.13) (4.69) (6.85) (4.88) (2.6) (2.2) (3.58) (4.17) (4.96) (5.98) (3.39) (48.23) Average rainy days (≥ 1 mm) 7 8 12 16 13 8 7 9 11 15 14 10 130 % Humidity 66 68.5 73 78.5 80.5 78.5 77.5 77.5 75.5 73.5 73 71.5 74.5 Mean monthly sunshine hours 155 170 155 120 124 180 186 155 150 155 150 124 1,824 Source #1: World Meteorological Organization, Climate-Data.org for mean temperatures

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Figure 6-1: Kampala City and its five administrative divisions

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6.2 Topography

Kampala is located 3,910 ft (1120 m) above sea level within a series of hills of flat summits and undulating slopes ending into broad valleys dissected by perennial streams/channels.

6.3 Geology and soils

Kampala city is underlain by pre-Cambrian rock systems of undifferentiated gneiss and granite. Kampala’s soils are ferralitic soils with no minerals and mainly characterised by Buganda Catena, and Kabira/katena and kaku series. In low lying areas however, soils are clayey with poor drainage and difficult to construct through.

6.4 Vegetation

The natural vegetation of Kampala consists of forests with swamp vegetation in the valleys. Rapid urbanization has destroyed these forests and currently, the only natural areas within Kampala District are limited to a few swamps. Along the roads and around homesteads are trees that have been planted for both shade and ornamental purposes. Common species are: Cassia Agnes, Markhania platycalys, cassia gradus and Jacaranda mimosifolia. Other plant species include Bougainvillaea spp, Acalypha spp and grasses such as Brachiaria spp, Hyparrhenia spp etc.

6.5 Watercourses

It is expected that improvement of existing roads will encounter swamp crossings in low-lying areas. These crossings will often connect to L. Victoria through major drainage channels or watercourses such as rivers and wetlands. Kampala District has numerous wetlands covering 16% of the district (Wetland Newsletter, 1996). The major wetlands are associated with Lake Victoria and Kyoga drainage systems. They include Lubigi, Kiwembo, Nakivubo, Nsooba-Bulyera, Nalukolongo, Mayanja, Nabisasiro, Kansanga, Walufumba-Nalubega and Kirombe swamp systems Many wetlands around Kampala city have been drained and turned into agricultural areas or developed for commercial, industrial and sometimes residential purposes. The unclaimed swamps around Kampala city are covered by both grasses and sedges. The most common species are papyrus including, Miscanthidium violeceum, Phragmites maurtianus, Cyperus latifolius and Typha australis.

6.6 Location of Kampala district

Kampala District is located at the centre of Uganda's "urbanised" corridor. It is the capital city of Uganda, which attained district status in 1979. It is located on Latitude 00 19’N and 36 on longitude 32 0 35’ E. The district covers a total of 189 km 2 or close to 0.08% of the country and land area is estimated at 176 km2. It is situated in southern Uganda on the northern shores of Lake Victoria and lies at 1180m above sea level. The District is more developed in terms of infrastructure, urbanisation, industrialisation, commerce and trade than other districts within Uganda. However, as it develops greater industrialisation and urbanisation, the district is experiencing environmental stresses including habitat destruction, pollution, occupational health risks, deforestation and wetland destruction.

Figure 6-2 below shows location of Kampala District.

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Source: Districts of Uganda, 2010

Figure 6-2: Location of Kampala District

6.7 Demographics

According to the 2002 national census figures, Kampala District then had a population of approximately 1,189,142. Uganda Bureau of Statistics (UBOS) projected population of Kampala District at 1,723,300 in 2012 (see Table 6-2).

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Table 6-2: Population of Kampala District since 1991 Year 1991 2002 2011 2012 Kampala 774,241 1,189,142 1,659,700 1,723,300 Source: UBOS 2012 Statistical Abstract

Kampala’s population is young, albeit older than the national averages, with an estimated median age of 23 and an estimated average age of 24 years. Differences in age (median, average and distribution) between the KCCA and KMTC are relatively negligible. Kampala has an extremely low Dependency Ratio 9 of 45 dependants to 100 persons of economic activity age, largely a result of in-migration from rural areas. The 20-29 age group accounts for over 25% of Kampala’s population indicating both the scale and the impact of in-migration of young adults from the rural areas.

6.8 Administrative Institution

Kampala District is administratively sub-divided into five divisions, namely, Rubaga, Kawempe, Nakawa, Makindye and Central Division. Nakawa and Makindye Divisions are the largest covering 46.5 km2 and 40.7 km2, respectively. The Central Division is the smallest with an area of 14.7 km2

6.9 Urban Labour Force Indicators

UBOS conducted Urban Labour Force Surveys (ULFS) in 2009 and 2010 with the aim of providing up-to-date information on “Greater Kampala” area, comprising of Kampala City and the highly urbanized sub-counties of Wakiso and Mukono districts. The total labour force during the 2010 survey was estimated to be 1,098,000, having increased from 920,000 in the 2009 survey, an increase of 19.3 percent. The overall unemployment rate was about 13 percent, while the time related underemployment rate reduced from 12.2 percent to 4.2 percent. The results indicate that 29.1 percent of the workforce had either primary level or no education in 2010, compared to 31.5 percent in 2009. About 22 percent of the work force had post-primary training. About 36.1 percent of the working population was by occupation service workers, shop and market workers (trade) during 2010, indicating a drop of about 2 percentcompared to 2009 survey.

6.10 Land Use and Settlement Pattern

The principle land use in Kampala City is dominated by residential use and small-scale agriculture. Small-scale peri- urban agriculture is widely distributed in existing residential areas as well periphery areas, which may not have been transformed into other uses. According to the Uganda First Urban Project, 1993, Kampala Urban Study, agricultural land occupied 41.2% of the land while residential land occupied 32.3%, both of which formed the major uses in the city. In terms of distribution by agricultural land, Nakawa Division occupies 35% followed by Makindye with 24.5% and Kawempe by 20.6%. These three Divisions have historically had the largest areas of agricultural land because they formed the bigger part of the peri-urban Kampala, which was still largely semi-rural. Land ownership and rights over land are variable within the City. Kampala has experienced rapid growth, and this has had a big influence on housing conditions. A total of 54% of the population live in tenements, while 12% live in stores and garages.

Over 60% of the GKMA remains undeveloped but KCCA is almost entirely built-up and as of 2012 vacant land constitutes less than 10% of the KCCA’s landmass, with another 7% being wetlands. Most of development is residential covering about 23% of the GKMA landmass (over 60% of the total developed areas in the GKMA) and some 64% of the KCCA landmass (over 60% of the total developed areas in the KCCA). Employment associated uses account for barely 3% of the GKMA land mass and public services and facilities only 2%. For the KCCA landmass these figures are 10% and 6% respectively. With the KCCA largely built-up, peri-urban development is restricted to the KMTC (11% of the GKMA landmass or 13% of the Kampala Metropolitan Towns, Counties and sub- Counties -KMTC).

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Growing concentrically from its very establishment, Kampala has expanded and developed in the same pattern over the past century. Growth has continuously extended along the primary movement routes, later filling in the gaps between the various routes. The gaps between the radial arms begin to close as development along the route widens out, achieving an effective balance in access time to the centre.

The GKMA is effectively composed of the following:

. The Metropolitan Core - the City Centre; . An Inner Ring - the Inner City Suburbs - with only minor gaps in the ring defined by significant natural constraints (channels and large wetlands) to the south-east; . An Outer Ring - the Outer Dormitory Towns and Suburbs - with gaps to the south and east again defined by the same natural constraints; incorporating most of Kira and Nansana Towns; . Peripheral Towns - specifically Entebbe (distinctly the most urbanised), Mukono (with a small, weak urbanised centre) and Wakiso (with a town centre reminiscent of an enlarged village centre). . Significant Peri-Urban extension “fingers” to the south-west towards Entebbe (with a peri-urban extension developing from Entebbe north east towards Kampala) and to the east towards Mukono.

To the north east of the KCCA particularly and to the north the peri-urban extensions are clearly closing the gaps and creating a significant section of the next ring of settlement around Kampala. To the North West and west the extensions are less pronounced, more “stumps” than “fingers”, primarily the result of natural barriers and access constraints.

. The Rural Periphery - the immediate rural hinterland of the City.

The City Centre concentrates much of Kampala’s non-residential activities, over 40% of the annual economic product of the City. Hence its land area is largely dedicated to economic, industrial and institutional uses and its relative share of population and the resultant residential densities are low. Its built area density is relatively high concentrating most of the multi-storey buildings in the CBD.

Kampala’s historic colonial suburbs retain clear structure, as do the more modern planned developments. They generally retain adequate infrastructure, albeit often in disrepair, and services, generally provided by the private sector. Beyond the City Centre, Kampala’s Inner City Suburbs, all located within KCCA boundaries, are the primary urbanised, developed areas in the GKMA. Apart from distinct exceptions, largely to the north-east, they are generally developed to a very low standard.

Kampala’s Inner-City Suburbs cover approximately 90 km2 (9% of the GKMA land mass) and house some 1.15 million population (37% of the GKMA population) in a very reasonable average density of some 120 persons or 30 households per hectare. They contribute approximately one-third of the local economy including significant public institutions and services, significant government facilities and functions; commerce of mid to lower order; a wide range of private services; ongoing building and construction.

The Inner Suburbs are by and large established and the inner ring retains an elemental structure, defined primarily by the road network and partially by the location of institutions. This elemental structure partially supplements the primary radial structure concentrating most activity in the City Centre and alleviates somewhat the pressures on the centre. The Inner Suburbs are composed of a patchwork of neighborhoods of varying standard and quality from top range exclusive suburbs to dense slums.

The Outer Towns and Suburbs are effectively dormitory suburbs of Kampala, partially within the KCCA but largely beyond and immediately adjacent to its administrative boundaries, whose inhabitants work in the City Centre or Inner

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Suburbs or provide local services (some formal but primarily informal low order commerce with some residual agriculture). Kampala’s Outer Ring covers approximately 250 km2 (25%) and houses some 1.3 million population (42%) with a low average density of just over 70 persons or some 18 households per hectare (gross area), growing at some 6% per annum in an ongoing process of expansion, infill and some densification. The Outer Ring is estimated to contribute some 20% of the local economy, primarily attributed to the value of residential property use.

The Outer Suburbs are composed of a patchwork of old village cores; established and new neighbourhoods including new slums; peri-urban fringes; remnants of rural agriculture; and numerous vacant plots awaiting future development. Entebbe is a peripheral town with distinct urban elements (structural elements, employment opportunities anchored by the airport and government, with unique attractions serving the GKMA as a whole and more) but still of very low density development and low intensity activity.

Kampala, once the “Garden City of Africa” has drastically changed. Its natural flora and the extensive forests around the present day city have been lost and this is continuing with development continuously encroaching on remaining green areas and wetlands.

Kampala is characterized by both scattered unplanned settlements and slums, with some of the characteristics included in the World Bank and UN-Habitat definitions of slums, but also with unique characteristics of its own. The situation in Kampala, which is aggravated by encroachment into marginal land and especially the wetlands, results in an overall collapse of services and infrastructure throughout the entire city. One of the main manifestations of this situation is the overwhelming insecurity regarding housing and income, as well as a risk of further deterioration of the younger generation, particularly in the slums. The KCCA has identified 31 slums in the City, concentrated in an inner ring around the City Centre and an outer ring on the fringe of the Inner City as detailed in the KPDP SR. They are generally, but not exclusively, located in the flood prone lower valley areas and some in wetlands. The city today includes a number of types of slums, with attempts having been made to improve a few of them. The slums may be characterized as:

. City centre slums; . Established inner city slums; . Slums in the process of formation in the outer suburbs.

All the slums have developed without any infrastructure, structuring or formal organisation, although reports indicated that they sprung up with a “wink and a nod” of the authorities at various levels. What limited services are available were organised and provided post factum, hence lacking in facilities and standard. Current upgrading attempts are localised and lack any comprehensive spatial vision or wider context. There is no national or urban mechanism in place to seriously deal with the challenge - to prevent the development of new slums and to find solutions to existing ones - only specific pilot projects.

6.11 Health and sanitation

Health facilities within Kampala City are presented in table below. Number of Health units in Kampala District were 200, 200 and 250 in year 2007, 2009 and 2010 respectively.

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Table 6-3 presents information relating to typical health indicators for Kampala and nationally, as well as common diseases in the District.

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Table 6-3: Health facilities within Kampala City Health Facilities Category of Health Facilities Division Hospital KCCA Health Maternity Nursing Private Center Center Home Clinic Central 5 3 6 - 108 104 Kawempe 1 2 - - 169 75 Makindye 2 1 - - 186 72 Nakawa 5 2 10 - 121 100

Table 6-4: Health indicators in Kampala Health Indicators Kampala National Total fertility rate 5.21 6.9 Teenage pregnancy rate 18.5 16.6 Below 5 years mortality ratio 129.0 147.0 Infant mortality ratio 83.0 97.0 Life expectancy rate 56.4 years 43 years Cause for specific mortality rates. Malaria 15% Diarrhoea Diseases 12.3%

6.12 Water Water sources of piped, water boreholes and protected springs are considered safe water sources, and as a result, approximately 97.6% of Kampala population has access to safe water (2002 Census Report & 2008 Statistical Abstract). However, a study in 1999 (Sanitation Quality Gap), revealed that most of the wells/springs are being contaminated and thus puts safe water coverage at about 55%. Approximately 8% of Kampala City has a sewer connection. Some communities along peri urban use wetlands, natural springs and protected springs as water sources for domestic purposes.

Proposed road works may encounter water mains and these need protection against damage to avoid service disruption for users and revenue loss to the utility company.

6.13 Education Schools will be one category of impact receptors during implementation of the proposed road projects with effects including potential accident risk to school children, severance access and exposure to noise and dust emissions.

Kampala District has had its number of primary school pupils triple since Government introduced Universal Primary Education (UPE) in 1997. In 1995 there were 2.63 million pupils in primary schools rising to 7.41 million in 2007, according to the Education Information Management System, and these figures show almost equal representation of boys and girls.

Kampala District has different types of education institutions that include:

. Government-aided Primary schools and Secondary schools; . Private schools (both Primary and Secondary); and, . Community schools, which include specialist institutions such as schools for Special Needs Education.

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Table 6-5 presents the number of each of these schools within various Divisions of Kampala District, while Table 6-6 shows number of pupils enrolled within each of these institutions.

Table 6-5: Number of the various categories of schools per administrative division Pre-Primary Primary Secondary Tertiary Schools Division Total Schools Schools Schools School for SNE Lubaga 201 273 83 13 04 574 Makindye 173 213 65 04 - 455 Kawempe 194 217 40 - 01 452 Central 37 50 27 08 - 122 Nakawa 115 119 33 - - 267 Total 720 872 248 25 05 1870

Table 6-6: School enrolment in Kampala District by institutions Category Male Female Total Pre- Primary 25862 27980 53,842 Primary 116,824 130,860 247,684 Secondary 39,280 40,005 79,285 Total 206,123 221,217 380,811

6.14 Ethnicity

The Baganda constitute the largest ethnic group (60%), followed by the Banyankole (5%) and the rest of the ethnic groups which constitute 33%. Foreigners account for the remaining 2% of the total population with the Rwandese constituting the largest foreign ethnic group (21%), followed by Tanzanians. The Indian population is steadily increasing with the new wave of the 1990s of foreign direct investment.

6.15 Heritage sites Kampala has a number of historic buildings, many of them of cultural significance, which should be protected. These are generally concentrated in but not limited to:

. Old Kampala; . The Historic Centre (the Kibuga); . Makarere University; . Old Colonial Suburbs; . The City Centre; . Historic schools, hospitals and missionary compounds.

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Source: KCCA Updating Kampala Structure Plan and Upgrading the Kampala GIS Unit, September 2012

Figure 6-3: Examples of Historic Buildings, Kampala, 2011

Notable heritage sites in Kampala that may be directly or remotely associated with KIIDP-II infrastructure are:

. Bulange building at Mengo . Kabaka Mwanga’s Lake . Mengo Palace . Kasubi Tombs . Katereke prison . Namugongo Martyrs' Shrine . Nommo Gallery . Uganda National Museum, Kampala . Wamala tombs

These sites, briefly described below should be protected if proposed projects are implemented near them.

The Uganda Museum: It’s a National Museum and is the oldest in East Africa, established in 1908. It has a range of ethnographic collection and these cover agriculture, hunting, war and religion. There are various huts from various tribes of Uganda. There are also archaeological and natural history displays, and a collection of interesting traditional musical instruments. The museum is found in the Kampala city surburb of Kamwokya. The Uganda Society Library is also found here in the main museum building and it contains a comprehensive collection of books not commonly found in the public domain.

Kasubi Tombs are steeped in Ganda cultural history. In 1882, Kabaka Mutesa relocated his palace to Nabugala hill and renamed it Kasubi Hill after his birth place some 50 km away, and when he died in 1884, Kasubi Hill was abandoned in accordance with Ganda custom upon the death of a King who was then buried there. Mwanga who succeeded him established a new capital at Mengo Hill but when he died in 1910 in a break from tradition, Kasubi rather than Mengo was the burial place of Mwanga and after him more kings. The tombs of Daudi Chwa II who ruled

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from 1879 to 1939 and Edward Mutesa II who died in 1969 in exile in London and whose body was returned to Uganda in 1971 are at Kasubi. Constructed in the original palace of Mutesa, it contains several huts of Ganda traditional architecture built from poles, reed, thatch and bark. The tombs have an enviable collection of relics from a royal past such as artefacts which range from traditional music instruments, weapons, shields and spears. The tombs are a UNESCO heritage world site and are found in central Uganda in Kampala at Kasubi a city surbub, and is open to visitors.

Wamala Tomb found in central Kampala at Nansana is little known in comparison to Kasubi tombs and not as well tended but is an equally important place for culture. It is the resting place of Kabaka Mutesa I’s father and Suuna his predecessor. The tomb is housed in an attractive, traditional, thatched and domed building. Displayed is an array of royal artefacts which include spears, shields, drums and other musical instruments.

Buildings of Buganda Kingdom: What is now Kampala city is part of Buganda, and in pre and post-colonial times when Kingdoms were supreme, it was the heart of the kingdom, and consequently a number of royal buildings and impressive administrative centres are to be found. Among these are the Kabaka’s Palace in Bulange in Mengo, the Buganda Parliament located at the end of a ceremonial driveway-Kabakanjagala Road leading from the palace, and the Buganda Court of Justice, now the location of the Uganda’s National Court. Of these, the Buganda Parliament is one of the most impressive colonial-era buildings in Uganda.

Religious Buildings: There are several prominent religious buildings of interest. Notable among these are the huge domed Roman Catholic Rubaga Cathedral on Rubaga Hill, the twin-towered Anglican Namirembe Cathedral on Namirembe Hill, the elaborate and enormous Hindu Temples in the city centre, the beautiful Baha’i Temple outside the city, Kibuli Mosque on Kibuli Hill and Gaddafi Mosque named after Libyan President Colonel Muhammar Gaddafi who funded its construction. All of these buildings are captivating but Baha’I Temple is distinct because it’s the only one of its kind in the whole of Africa and consequently, the continent’s religious home for all Baha’i faithfuls. It’s located on Kikaaya Hill 6 km from Kampala City on Gayaza road.

Kabaka’s Trail reveals the secret history of the Buganda people. Six sites make up the trail and all are around Kampala which has always been part of Buganda from time immemorial, and these include several tombs, a prison and a water fall.

Katereke Prison was constructed by Kabaka Kalema who ascended the Buganda throne controversially in 1888 after Kabaka Mwanga was forced into exile. It is part of the Kabaka’s trail. Insecure, Kalema rounded up every potential person he imagined was a threat to his reign and sent them to Katereke. Royals and peasants alike were incarcerated. Among the unfortunates was Kiwewa who was an interim King and ruled briefly from the time of Mwanga’s exile to Kalema;s ascent to the throne. Together with his wives, two of Mwanga’s infant sons and even Kalema’s own brothers and sisters were killed at Katereke. These killings wrought his down fall and brutal death which was not only to avenge the deaths but was also to stop him for he was starved for seven days and shot in the head.

Namugongo Martyrs’ Shrine was an execution site in pre-colonial Buganda and death was by hacking. Before incursions of foreigners Buganda and other societies practiced African religion and steeped in myth, superstition, witchcraft and the supernatural. But with the coming of foreigners, other religions were introduced converts soon grew. The first foreigners were the Arabs who were Islam and Mwanga converted to the new faith. Next came the Europeans of the Christian faith- Roman Catholics and protestants, shortly after each other but also got new followers. Mwanga zealous to protect his new faith rounded up a number of his subjects- men and women, young and old, among whom were a good number of his pages, and marched them naked to Namugongo where he asked them to renounce their faith in exchange for clemency. However, for the 26, evenly distributed between protestant and catholic who obstinately refused, the fate was a gruesome one, preceded by on-spot hacking and burning of Charles Lwanga the leader of the Catholics. The remaining ones were burnt later in the day, tightly bound and thrown into fire alive. The shrine was built in memory of these believers and yearly, Christians from all over the world make a

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pilgrimage to the site.

6.16 Economic activities a) Overview of Economic activities in Kampala

Kampala is not only the capital and largest city in the country, but it is the center of Uganda’s industrial and commercial development. Overall, approximately 80 percent of the country’s industrial and services sectors is located in Kampala and the city now generates more than 50 percent of the country’s GDP. The past seven years have witnessed economic growth (growth of GDP) of almost 7.8 percent per year in Uganda and Kampala has benefited more than any of the other regions of the country. Industry is estimated to have grown by more than 10 percent per year for the past five years. Major industries are related primarily to agricultural production. There has also been steady growth of about 13 percent per year in the construction industry, including the production of cement, reinforcing rods, corrugated roofing sheets and paint. Domestically produced consumer goods include plastics, soap, cork, beer and soft drinks. Kampala is also the commercial center of the country, the headquarters of banks, insurance companies, and communications and tourism companies as well as the location of the country’s major hospitals and educational institutions.

However, the competitiveness, attractiveness and productivity of the city are being severely impacted by its poor infrastructure, particularly its road network, its water and sewer systems, poor rail access and unreliable supply of energy. Virtually no major road improvements have been made in years and with the unstoppable growth in the number of vehicles, traffic jams have become a way of life. Traffic bound for Kenya along the main road between Kampala and Jinja, 70 km to the east can average less than 30 km per hour during much of the day. Commuters from suburbs less than 20 km from the center of town can take well over an hour to get to and from work and incur high transportation costs. A ring road around the northern part of the city, which will enable through traffic from Kenya to Rwanda, Burundi and the Eastern Congo to by-pass the central city, is finally scheduled to open within the next six months after many years of construction. This will ease congestion somewhat, but transportation to the major centers of employment will remain time-consuming and costly, especially for the poor. The rail line to the east is not functioning and is not currently an alternative for commuters.

Infrastructure in the high income districts of the city is decidedly better than in the poorer neighborhoods, but these areas still suffer from power shortages, lack of adequate water and sewer systems and poor road upkeep. Not only has the poor state of Kampala’s infrastructure created inefficiencies that have negatively affected opportunities for economic growth, it has had a definite impact on land values in and around the city and its suburbs.

The provision of basic residential infrastructure in Kampala has been shaped greatly by the patterns of land tenure in the city. Large areas of the city, mostly those under the mailo form of ownership (to be explained below) are very poorly serviced by paved roads, water and sanitation systems and electricity. Areas of the central part of the city and the higher-end residential neighborhoods, which have traditionally been leased to private interests by the Kampala Capital City (KCCA), are much better serviced by basic infrastructure. The commercial and industrial patterns of the city have also been greatly affected by the systems of land tenure in the Kampala region.

Table 6-7 shows that Kampala’s main source of income is through employment, trading in non-agricultural products and agricultural produce with the lowest income from animal rearing and fishing. Kampala is the nation’s business hub and has vibrant telecommunication, manufacturing, recreation, transport and banking sectors.

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Table 6-7: Kampala’s main economic activities Categories Percentage Animal Rearing 0.1 Crop Farming 1.6 Fishing 1 Employment Income 64.3 Trading in Agricultural Produce 9.2 Trading in non-agricultural products 19.4 Others 4.2 Total 100

Markets in Kampala are strategically located both in the City Centre and the suburbs; supply the bulk of the population food, both fresh produce and durables, clothing and household products; provide employment to 5% or more of the active workforce. In many cases also, road-side markets exist that either operate throughout the day or only in evenings.

6.17 Municipal services

Municipal services in Kampala are particularly poor impacting development, economic activity and the quality of life. Primary services include Sanitation and Street Cleaning (largely limited to the City Centre and to some exclusive neighbourhoods); Waste Collection, Treatment and Disposal (partial, limited service); Infrastructural and Institutional Development (largely limited to roads and major drainage projects; largely donor funded and hence efficient and organised); Urban Planning (detailed separately); Infrastructural Maintenance (extremely limited and ineffective; largely concentrated on City Centre and primary route roads and critical drainage points); Open Public Space Development and Maintenance (extremely limited); Lighting (low standard, limited distribution); Regulatory Functions (very partial and reportedly often selective); Markets;

Whilst the standards of service are generally low and their spatial distribution generally very limited, the City’s population is growing, its spatial footprint extending.

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7 LEGAL AND INSTITUTIONAL FRAMEWORK

7.1 Legal Framework for Expropriation and Compensation

This RPF will apply the laws, legislation, regulations, and local rules governing the use of land and other assets in Uganda. This legal and institutional framework is presented in six sections. These are:

a. Political economy and governance in Uganda; b. Property and land rights, as defined by Ugandan law and customary practice; c. Acquisition of land and other assets, including regulations over the buying and selling of these assets; d. Human rights and compensation, in particular, the accepted norms influencing peoples’ basic rights to livelihood and social services; e. Dispute resolution and grievance mechanisms, specifically the legal and institutional arrangements for filing grievances or complaints and how those grievances are addressed through formal and informal systems of dispute resolution; and f. Comparison with World Bank (WB) OP4.12, using equivalence and acceptability standards.

7.1.1 Political Economy and Governance in Uganda

The political and legal context for the application of Resettlement Policy Frameworks (RPFs) is mainly governed by:

 The Constitution of Uganda 1995  The Land Act of 1998 (as amended in 2004)  The Land Acquisition Act 1965,  Local government Act 1967  The Physical Planning Act, 2010  Town and Country Planning Act 1964  The Roads Act, Cap 358,  the Electricity Act, Cap 145  the Water Act CAP 152  KCCA Act 2010

These are further explained below.

7.1.1.1 The Constitution of the Republic of Uganda1995

The Constitution of the Republic of Uganda (1995) provides government and local authorities a statutory power of compulsory acquisition of land in public interest, and makes provision, inter alia, for the “prompt payment of fair and adequate compensation” prior to the taking of possession of any privately-owned property. Such compensation is assessed in accordance with the valuation principles laid out in Section 78 of the Land Act (Cap 227), briefly outlined below:

. The value for customary land is the open market value of unimproved land;

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. The value of buildings on the land is taken at open market value for urban areas, and depreciated replacement cost for rural areas; . The value of standing crops on the land is determined in accordance with the district compensation rates established by the respective District Land Board. Annual crops which could be harvested during the period of notice to vacate given to the landowner/ occupier of the land are excluded in determining compensation values; . In addition to the total compensation assessed, there is a disturbance allowance paid of 15% or, if less than six months’ notice to vacate is given, 30% of the total sum assessed.

All compensation and resettlement will follow Uganda’s constitution, out of which all regulations are developed. The Constitution also recognizes land tenure regimes and rights discussed below.

Article 237 of the Constitution, 1995, vests land ownership in citizens of Uganda and identifies four land tenure systems, namely: customary; freehold; mailo; and leasehold. However, applicable tenure systems along the 132 kV line route are Mailo and customary ownership. These systems are detailed under Section 4 of the Land Act (Cap 227) and outlined below: a) Customary Tenure

. Land is owned in perpetuity. . This tenure is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies. In other words customary regime is not governed by written law. . Customary occupants are occupants of former public land and occupy land by virtue of their customary rights; they have proprietary interest in the land and are entitled to certificates of customary ownership which may be acquired through application to the Parish Land Committee and eventual issuance by the District Land Board. b) Freehold Tenure

. This tenure derives its legality from the Constitution of Uganda and its incidents from the written law. . It enables the holder to exercise, subject to the law, full powers of ownership. . It involves the holding of land in perpetuity or for a period less than perpetuity fixed by a condition. c) Leasehold Tenure

This tenure system is:

. Created either by contract or by operation of the law; . Where the tenant has security of tenure and a proprietary interest in the land. . 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; d) Mailo Tenure

The Mailo land tenure system is a feudal ownership introduced by the British in 1900 under the Buganda Agreement. "Mailo" is a Luganda word for “mile” as the original grants under the agreement were measured in square miles. Prior to the 1975 Land Reform Decree, Mailo land was owned in perpetuity by individuals and by the Kabaka (hereditary King of Buganda). All Mailo land parcels have title deeds.

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Persons who buy portions (kibanja1) on Mailo land are protected by Ugandan law to live on and use the land, but they are obliged to pay certain annual royalties to the Mailo owner (currently UgShs 1000 about US 60 cents per household per year according to land law). No title deed is associated with kibanja purchase: the Mailo owner would simply write a sale (purchase) agreement witnessed by village local leaders (LCs), giving the kibanja buyer full rights to own and use the purchased portion of Mailo land. Such a buyer can sell his/her kibanja to a new owner but notify Mailo owner and local leaders about the changed ownership. In cases of compensation, an apportionment of land value of 60% and 40% share of the market value is given to the landlord and kibanja owners respectively, depending on developments invested on the affected land. For example, a kibanja owner who has a permanent structures or perennial crops is entitled to a 60% share of the compensation value while one with only temporary structures or annual (seasonal) crops is entitled to only 40%.

The Mailo tenure system:

. Derives its legality from the Constitution and its incidents from the written law; . Involves holding of land in perpetuity. . Permits separation of ownership of land from the ownership of development on land made by a lawful or bona fide occupant2. . Enables the holder to exercise all the powers of ownership, subject to the rights of those persons occupying the land at the time of the creation of the mailo title and their successors.

Although only these latter forms of tenure are legally defined under the Land Act, the context of common law also recognizes “Licensee” or “Sharecroppers”, these terms having similar meanings in practice. Licensees are persons granted authority to use land for agricultural production. Traditionally, such production would be limited to annual crops and not perennial types. Licensees have no legal security of tenure or any property right in the land and their tenure is purely contractual.

It will be noted, however, that WB safeguard policies require compensation of PAPs irrespective of legality of their tenure on land.

In compensation and resettlement, rights of spouses and children are protected under the Constitution of Uganda and the Land Act (Cap 227). The consent of spouse and children must be acquired prior to any transaction by head of households on land on which the family lives.

Section 40 of the Land Act, 1998 requires that no person shall:

a. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land; b. Give away any land or enter into any transaction in respect of land:

. In the case of land on which ordinarily reside orphans, whom are still minors, with interest in inheritance of the land, except with prior written consent of the Committee.

1“Kibanja” is a Luganda word for a portion of land bought from Mailo land. Kibanja owner does not have a title deed but only a purchase agreement from Mailo owner (who holds the title deed). “Bibanja” is plural for kibanja. Luganda is language of Baganda the largest tribe in Uganda. 2Lawful and “bona fide” occupants are defined under the Land Act, Section 30. They are called “kibanja” occupants.

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. In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse; . In the case of land on which the person ordinarily resides with his or her dependent children (minors) except with the prior written consent of the Committee3; . In the case of land on which the person ordinarily resides with his or her dependent children (minors) of majority age, except with the prior written consent of the dependent children (minors).

Inference: Relevance of the Constitution to the project is in the fact that it is the principal law onto which all social- environmental protection laws are derived. It requires equitable compensation for any land take, recognises various land tenure systems and gives credence to the law (Land Act) governing land acquisition and rights of spouses in compensation.

7.1.1.2 Land Act, Cap 227

The Land Act principally addresses four issues namely; holding, control, management and land disputes. As regards tenure, the Act repeats, in Section 3, provisions of Article 237 of the Constitution which vests all land in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act provides for acquisition of land or rights to use land for execution of public works.

Regarding control of land use, the Act reaffirms the statutory power of compulsory acquisition conferred on the government and local authorities under articles 26 (2) and 237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements of Article 26(2) of the Constitution that requires a law to be in place for the payment of compensation and access to the courts. The Act also requires that landowners manage and utilize land in accordance with regulatory land use planning (Sections 44 and 46).

Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a disturbance allowance on top of the computed compensation amount as follows:

. 30% of compensation amount if quit notice is given within 6 months. . 15% of compensation amount if quit notice is given after 6 months.

The Land Act will govern all aspects related to land taken by the project and its compensation either by replacement with physical land parcels or cash payments.

Inference: The Land Act is the principal law to be followed during land acquisition and compensation for other affected property such as crops and buildings.

7.1.1.3 The Physical Planning Act, 2011

This Act replaced the Town and Country Planning Act, Cap 246 which was enacted in 1951 and revised in 1964 but is now inconsistent with contemporary government system in Uganda. The 1951 Act was enacted to regulate and operate in a centralised system of governance where physical planning was carried out at national level through the Town and Country Planning Board. Implementation of the Act was supervised by local governments, especially the urban local governments.

3“Committees “are defined under Section 65 of the Land Act; they are ParishLand Committees.

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Uganda has since gone through many social, political and economic changes. For example, promulgation of the 1995 Constitution established a decentralised system of governance which divulged powers and functions including physical planning, finance and execution of projects from the central government to local governments. This therefore created a need to enact a physical planning legislation which is consistent with this Constitutional requirement. The Physical Planning Act, 2011 establishes district and urban physical planning committees, provides for making and approval of physical development plans and applications for development.

Section 37 of The Physical Planning Act, 2011 requires an EIA permit for developments before they are implemented, stating: “Where a development application related to matters that require an environmental impact assessment, the approving authority may grant preliminary approval subject to the applicant obtaining an EIA certificate in accordance with the National Environment Act”.

The Act is relevant to the KIIDP II since infrastructure to be developed will have to be considered as part of future physical planning in certain areas and therefore conformity to local physical planning requirements is essential.

7.1.1.4 Local Government Act (1997)

Local Government Act 1997 provides for the system of Local Governments, which is based on the District. Under the District there are lower Local Governments and administrative units.

This system provides for elected councils that have both legislative and executive powers. Thus the district councils play an important role in land administration; land surveying, physical planning, and management of municipal resources that are not the responsibility of the central government. This act provides for a district-based system of local governments. They are therefore charged with the crucial role of acquisition of land for development/construction purposes and in the sensitization and mobilization of the local communities.

This system also provides for elected Councils whereby chairmen nominate the executive committee of each council, functions of which include:

i) Initiating and formulating policy for approval by council; ii) Overseeing the implementation of Government and Council policies, and monitor and coordinate activities of Non-Government Organizations in the district; and iii) Receiving and solving disputes forwarded to it from lower local governments.

The Act empowers districts administrations to develop and implement district rates upon which compensation for crops and non-permanent structures is based. This together with the fact that local administrations (districts and local councils or LCs) will have an important role during resettlement and verification of affected persons.

7.1.1.5 The Town and Country Planning Act 1964

Uganda’s 1995 Constitution provides that government may, pursuant to laws made by parliament and government policies, regulate the use of land. The principal law on land use and land planning in urban and rural areas is the

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Town and Country Planning Act. The Act establishes the Town and Country Board charged with the duty of planning and orderly development of towns and rural areas. The board advises the minister and local authorities in its duties. Local Planning Committees may be formed, to which the board may delegate duties. The Act established guidelines for developing planning schemes, acquisition of land and compensation for acquired lands. The Second Schedule to the Act outlines measures designed to safeguard the natural environment. Any land in the planning area required for road, open space gardens, schools, places of religious worship and recreation may be acquired on the advice of the board in relation to provisions of the law relating to compulsory acquisition. The Act also prescribes sites of new roads connecting to an existing road or the site of a proposed road.

The Act provides for the orderly planning in urban and rural areas and establishes guidelines for planning schemes, acquisition of land and compensation for acquired lands, as well as considerations to safe guard the natural environment.

7.1.1.6 The Road Act, CAP 358

The Road Act (Cap 358 of the Laws of Uganda) provides for the establishment of road reserves and for the maintenance of roads by empowering the responsible Minister of Works and Transport to declare road reserves by Statutory Instrument. The need for Government to maintain basic control over developments along the road is to ensure that basic necessities of maintaining road geometry and engineering needs such as sight lines, horizontal curvatures, sight distances and road safety considerations. Also, it is in road reserves that utilities (electricity transmission lines and water mains) are installed. However, this control is exercised with flexibility in order to minimise social-economic consequences arising from use of road reserves for cultivation by rural communities.

7.1.1.7 Water Act CAP 152

The objective of the Act is to enable equitable and sustainable management, use, and protection of water resources of Uganda through supervision and coordination of public and private activities that may impact water quantity and quality.

Section 18 requires that before constructing or operation of any water works, a person should obtain a permit from Water Resources Management Directorate (WRMD). Construction works is herein defined to include alteration, improvement, maintenance and repair of works partly or wholly situated within or on the bed or bank of any water course and therefore this provision is relevant to bridges. The Act also aims to control pollution of water resources (Sections 20 and 31).

The foregoing notwithstanding, Section 19 provides that subject to guidelines established by the Minister from time to time, the Director (of Water Resources Management) may exempt a public authority or a class of persons or works from requirements in Section 18 on such conditions as he or she may deem fit.

Section 31 (1) of the Water Act stipulates that it is an offence for a person to pollute water through discharge of waste into watercourses. In conformity with this law, the spillage of petroleum products, disposal of overburden, litter or construction waste should be avoided during project construction and operation or maintenance activities.

Interpretation: This Act is relevant to the Project as some of the KIIDP II may impact on a watercourse

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7.1.1.8 Historical Monuments Act 1967

Assented to on 21st October, 1967 and came into force on 15th May 1968, this Act provides for the preservation and protection of historical monuments and objects of archaeological, paleontological, ethnographical and traditional interest. According to this Act, the responsible Minister may, by statutory instrument, declare any object of archeological, palaeontological, ethnographical, traditional or historical interest to be a protected object. Once thus declared, the Act adds, no person whether owner or not shall do any of the following:

. cultivate or plough soil so as to affect to its detriment any object declared to be preserved or protected; . make alteration, addition to, or repair, destroy, deface or injure any object declared to be preserved or protected;

Sub-section 12(1) requires that any portable object discovered in the course of an excavation shall be surrendered to the Minister who shall deposit it in the Museum. However, the Act adds that, notwithstanding provisions of the subsection, where any object is discovered in a protected site, place, or monument, the owner of the protected site, place, or monument shall be entitled to reasonable compensation.

This Act also relates to “chance finds” that could be encountered during infrastructure development program.

7.1.1.9 Electricity Act

Enactment of the Electricity Act, 1999 paved way for liberalisation of Uganda’s energy sector, allowing the establishment and operations of independent power producers. This Act liberalized the power sector breaking up Uganda Electricity Board that had monopoly for power generation, transmission and distribution, into three companies responsible for generation (UEGCL), transmission (UETCL) and distribution (UEDCL) of electric power in Uganda. The Act also authorised licensing of independent power producers (IPP), to generate, distribute and sell power. This Act created the Electricity Regulatory Authority (“the Authority” in this Act), an independent body responsible for regulating the electricity sector in Uganda and licensing private investors. The Authority retains power to award licenses for power generation; promote efficiency, economy and safety on the part of licensees and the efficient and safe use of electricity. This ensures that the design and operation of generation, transmission and distribution by licensees will have efficiency built in and approved standards.

Section 86 of the Act states that a person who, negligently and without lawful authority, extinguishes or damages any public lamp or defaces any post, bracket or other means of support of a public lamp commits an offence and is liable on conviction to a fine not exceeding five currency points or to imprisonment for a term not exceeding one year, or both.

The Act in section 87 further notes that any person who wilfully or negligently causes energy to be diverted from its proper course or to be wasted; or breaks, throws down, causes to fall or damages any supply line, post, pole, or other equipment, installation or any part thereof, as the case may be, connected with the supply of energy, commits an offence and is liable on conviction to a fine not exceeding thirty currency points or to imprisonment for a term not exceeding three years, or both.

Section 91 states that any person who removes, destroys or damages whether wilfully or otherwise, any installation or any part of an installation or a public lamp, post, bracket or other means of support of a public lamp, or other instrument used in connection with any installation for recording the output or consumption of energy is, in addition to any penalty to which he or she may be liable under this Act, liable to pay full compensation for the damage he or she has done and the compensation is recoverable by civil action or suit before any court.

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Interpretation: These Sections will be relevant to contractors engaged by KCCA to undertake roads works or construction of drainage infrastructure.

7.1.1.10 KCCA Act 2010

An Act to provide, in accordance with article 5 of the Constitution, for Kampala as the capital city of Uganda; to provide for the administration of Kampala by the Central Government; to provide for the territorial boundary of Kampala; to provide for the development of Kampala Capital City; to establish the Kampala Capital City Authority as the governing body of the city and provide for a Metropolitan Physical Planning Authority for Kampala.

Section 7(1) lists functions of KCCA as, among others:

. to promote economic development in the capital city; . to construct and maintain roads; . to construct and maintain major drains; . to install and maintain street lights; . to organize and manage traffic; . to carry out physical planning and development control; . to monitor the delivery of services within its area of jurisdiction;

7.1.2 Property and Land Rights In Uganda

The Constitution of Uganda, 1995 vests all land directly in the Citizens of Uganda, and states that every person in Uganda has the right to own property. The Constitution also sets the standard for any form of compensation in Uganda and provides for prompt payment of fair and adequate compensation prior to the taking possession or acquisition of the land/property. Ugandan law recognizes four distinct land tenure systems, customary tenure, Freehold tenure, Leasehold tenure, and Mailo tenure.

 Customary land is owned in perpetuity and is governed by the customary laws by the peoples who have customary tenure. It is governed by rules generally acceptable as binding and authoritative by the class of people to which it applies. These people have propriety interest in the land and can acquire a certificate of customary ownership or a freehold certificate of title by requesting one through the Parish Land Committee (which will then be granted by the District Land Board). Land is owned in perpetuity under customary tenure.

 Freehold tenure involves the holding of land in perpetuity or of a period less than perpetuity fixed by a condition. It enables the holder to exercise full power of ownership. A freehold title can be subjected to conditions, restrictions or limitations which may be positive or negative in their application.

 Mailo tenure involves the holding of land in perpetuity. It was established under the Uganda Agreement of 1900. It permits the separation of ownership of land from the ownership of developments on land made by a lawful occupant. Additionally, it enables the holder to exercise full power of ownership, subject to the customary and statutory rights of those persons lawful or bonafide in occupation of the land at the time that tenure was created and their successors in title.

 Leasehold tenure is created either by contract or by operation of the law. The landlord or lessor grants the tenants or lessee exclusive possession of the land, usually for a period defined and in return for a rent. The tenant or lessee has security of tenure and a proprietary interest in the land.

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Additionally, under common law the statute of a “licensee” or “sharecropper” is also recognized. Licensees are granted authority to use land for agricultural production, usually limited to annual crops. They have no legal security of tenure or any propriety right in the land.

7.1.3 Acquisition and Valuation of Land and other Assets

a) Land Acquisition

Both The Constitution, 1995 and The Land Act, Cap 227 gives the government and local governments’ power to compulsorily acquire land. The Constitution states that “no person shall be compulsorily deprived of property or any interests in or any right over property of any description except” if the taking of the land necessary “for public use or in the interest of defence, public safety, public order, public morality or public health.”

The Land Acquisition Act, 1965 makes provision for the procedures and method of compulsory acquisition of land for public purposes. The Land Acquisition Act, 1965 states that the minister responsible for land may authorize any person to enter said land to survey the land, bore the subsoil, or any other examination necessary for determining whether the land is suitable for a public purpose. Additionally, once the assessment officer takes possession, the land immediately becomes vested in the land commission. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision.

b) Right of Way/Road Reserve

The 1965 Roads Act defines the road reserve/”right of way” for a road as the area bounded by imaginary lines and of no more than 50 feet from the center line of the road. This area is declared by statutory instrument as the road reserve. The act also states that no person may build any structure, or plant any tree, plant or crop in the road reserve. The road authorities are allowed to take materials and/or dig within the road reserve for the construction and maintenance of the road.

c) Wayleaves

Section 67 of the Electricity Act, Cap 145 regulates the creation of what is generally referred to as a ‘wayleave’. Under this section, electricity operator/licencee can only acquire a right of use of the land, with the consent of the land owners.

d) Valuation

Section 77 of the Land Act gives valuation principles for compensation; i.e. crops are compensated at rates set by the District Land Boards; the basis of compensation for land is open market value. The value of buildings is to be taken at open market value for urban areas and depreciated replacement cost in the rural areas. In addition, a 15% or 30% disturbance allowance must be paid if six months or less notice is given to the owner. The Land Act gives powers to District Land Tribunals to determine any dispute relating to the amount of compensation to be paid for land acquired compulsorily.

e) Principles and Polices for Land Acquisition Compensation will be fully provided before land can be entered for civil works or demolition. Compensation shall aim to enable AP to restore their pre-project incomes and standard of living by the end of the project. In addition, KCCA will avoid or minimize Land Acquisition Resettlement by utilizing land that is least inhabited.

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PAPs will be entitled to be compensated at full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation. PAPs shall be informed of available compensation options for them to make own choice or preferences. Lack of formal property ownership documents or title deed or use agreement will not bar PAPs from entitlements or assistance. All relocated PAPs receive relocation and transition subsistence allowances. Additionally, compensation will be made giving equal consideration to women and men without discrimination. However, wherever necessary, special attention shall be given to households headed by women and other vulnerable persons to ensure that their living standards are not worse off than pre- project conditions.

PAPs will be advised about benefits of replacement of physical assets and risk inherent in cash payments. For example unless the affected person chooses cash compensation, land-for-land compensation ensures PAPs immediately have land for settlement or farming and avoids risk of squandering compensation payments.

7.1.4 Human Rights and Compensation

Ugandan law makes provision for compensation when development projects affect people’s land, property, or livelihoods. It also details the rights and privileges of citizens in dealing with the government and the compulsory acquisition of property.

a) Economic Well-being and Social and Cultural Values

The Constitution states that, where the government compulsorily acquires land, and where the government will resettle PAPs, it will fairly and promptly compensate displaced PAPs or resettle them on suitable alternative land with due regard for their economic well-being and social and cultural values.

b) Prompt and Adequate Compensation

The Constitution states that the government may only compulsory acquire property if a law exists that provides for the prompt payment of fair and adequate compensation (Constitution, Article 20). The Lands Act emphasizes the payment of compensation to the victims of acquisition made under the Act. The basis of the compensation should be either the market value or replacement value. Additionally, compensation amounts must take into account the cost of disturbance and incidental expenses or other damage suffered because of the resettlement.

c) Damage or Loss

The government Lands Act also makes provision for compensation for any person who suffers any loss or damage due to “the carrying out of any survey, as a result of installation, construction, inspection, maintenance, replacement, or removal of any specified work.” The DLB will base the amount of compensation on any loss or damage, and may take into account how much the person’s land has increased in value as a result of the installation or construction of the works.

7.1.5 Dispute Resolution and Grievance Mechanisms

The Land Act, Cap 227 states that land tribunals must be established at district level. It empowers the District Land Tribunals to determine disputes relating to amount of compensation to be paid for land acquired compulsorily. The

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affected person may appeal to a higher ordinary court. The Land Acquisition Act allows for any person to appeal to the High Court within 60 days of the award being made. All land disputes must be processed by the tribunals, before the case can be taken to the ordinary courts. The act also states that traditional authority mediators must retain their jurisdiction to deal with, and settle, land disputes.

7.1.6 Comparison to World Bank OP 4.12

There are significant gaps between Ugandan laws and regulations and requirements for resettlement as laid out in OP 4.12. The Ugandan systems on involuntary resettlement are reckoned not to be equivalent with the Bank’s. The notion that Uganda’s laws are somewhat inferior resulted in the prioritization of the World Bank policies. Therefore, although this report complies with the Uganda’s laws, this project is fully tailored to the provisions of the World Bank policies. Table below highlights the differences between Ugandan laws and World Bank policies regarding resettlement and compensation. It should be noted that, where there is a difference between Ugandan law and World Bank OP 4.12, the latter shall prevail. Below is a short discussion of the most important differences.

Although the Ugandan Constitution requires that prompt, fair and adequate compensation be paid prior to displacement, this is not on par with OP 4.12, as there is no requirement that states that the government should provide alternative land or assist with resettlement. Additionally it is unclear how to interpret “prompt, fair and adequate” compensation. OP 4.12 states that displaced persons should be compensated at full replacement cost.

Additionally, Ugandan law does not make any specific accommodation for squatters or illegal settlers, and reimbursement is based on legal occupancy.

OP 4.12 requires that PAPs be consulted regarding project implementation and resettlement. Affected communities should also receive the opportunity to participate, implement, and monitor resettlement. However, Ugandan law states that when it is determined that a right of way must be established, the GoU publishes a wayleave instrument and the land specified is immediately subject to the wayleave. There are no explicit provisions for consultations and disclosure but there are guidelines issued by separate ministries.

The Ugandan law also makes no specific accommodations for potentially vulnerable groups such as women, children, the elderly, ethnic minorities, indigenous people, the landless, and those living under the poverty line. These groups are at highest risk to experience negative effects due to resettlement and should receive special consideration during the preparation of a resettlement policy framework to ensure that they can maintain at least the same standard of living after displacement takes place.

Finally, there is also no provision in the law that the state should attempt to minimize involuntary resettlement yet such measures include, but not limited to:

 Alter project design to avoid impact on people and property,  Changing project site or route (in case of roads, drainage channels) to avoid displacement of people that would require compensation.

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Table 7-1: Comparison of Uganda and World Bank Resettlement Requirements No. Impact World Bank Requirements Uganda Legislative Requirements Gaps and how these will be addressed 1. Project Compensation for loss of land, property, Compensation should be provided to legal land Gap. Affected resources and access to land and resources, owners. No compensation is provided to land People and resettlement assistance is provided to all users. Project will provide compensation to legal and non affected users (including those with formal legal legal owners, and to legal users of affected property. rights, those with non-formal customary rights, and those with no legal rights or claims). 2. Loss of land For land owners (legal or customary): Cash compensation based upon market value of Gap. and assets Compensate for land and all assets at full unimproved land + disturbance allowance (15%) if replacement cost, household is moved within 6 months (this rises to Market value is based on recent transactions and thus OR 30% if households are moved before 6 months). if alternative property is purchased within a reasonable period of the payment of compensation, it replacement of land at equal/ greater value and is likely that market value will reflect replacement compensation for other assets, value. However, local inflation has been experienced on the Island, for both land and construction materials. This may not be reflected in recent transactions, thus market value may not reflect replacement value.

For tenants (land use holders): Entitled to compensation based on the amount of Gap. Compensated for assets (crops, improvements) right they hold to the land. other than land and other losses (time it takes to Land owners and users must be compensated restore livelihood: dead time), whatever the legal recognition of their occupancy. If AND tenants have no legal land title, they are compensated for crops or any improvements they have made to the Relocation assistance (incl. assistance in land. Relocation assistance will be provided. acquiring replacement land, financial payment

for the cost of the relocation),

Non- legal land users: No compensation is applicable under Ugandan Gap. Compensated for assets (crops, improvements) legislation. Non legal land users will be considered eligible under other than land and other losses (time it takes to the RAP. restore livelihood: dead time) AND Relocation assistance (incl. assistance in acquiring replacement land, financial payment for the cost of the relocation)

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No. Impact World Bank Requirements Uganda Legislative Requirements Gaps and how these will be addressed Provide additional targeted assistance and No legislative requirement. To be paid for by Gap. opportunities to restore/ improve livelihood. disturbance allowance of 15-30%. Livelihood restoration assistance to be provided. Provide transitional support based on No legislative requirement, To be paid for by Gap. reasonable estimate of time required to restore disturbance allowance of 15-30% income earning capacity. Transitional assistance to be provided.

3 Loss of crops Compensation for crops, trees, and other fixed Sharecroppers: Not entitled to compensation for Gap. and trees assets at full replacement cost and should be land, entitled to compensation for crops. sufficient to enable affected people to restore For sharecroppers and annual (seasonal) crops, the their standard of living after resettlement. Annual (seasonal) crops: No compensation since Project will provide time to enable these to be the 6-month notice is supposed to allow people to harvested by households. Once harvested, there will harvest their annual crops. be no further planting, and households will be able to consume planting of crops on alternative land, and Perennial crops: Cash compensation based upon thus no loss will be experienced. A disturbance rates per square meter /bush/tree/plant allowance will be paid to overcome any time delays. established at District level plus disturbance allowance (15%). Rates are calculated as the For perennial crops, compensation was based on one-year net agricultural income. Disturbance estimated income lost for 3 years, which provided allowance is meant to take care of the replacement value. A disturbance allowance will be establishment period for these crops with paid. establishment more than one year.

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No. Impact World Bank Requirements Uganda Legislative Requirements Gaps and how these will be addressed 4 Loss of Compensation for structures should cover full Owners of “Permanent” Buildings: Gap. structures replacement cost exclusive of depreciation and Valuation by valuer + disturbance allowance and other inclusive of all fees (such as construction (15%). Valuation is based on depreciated market Project will provide compensation based on improvements permits and title charges) and labour costs. value. replacement value. This will include the payment of (fences, etc) government valuation rates, the payment of a including Walls: classed as permanent structures, but value disturbance allowance, and a top up allowance (based communal calculated on investment method. on the current inflation rate) to compensate for the rise structures in construction materials. Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%).

Note: Rates are based on depreciated market value.

Tenants of structures: repayment of unused rent, and 6 months notice to vacate structure.

Fences: barbed wire fences valued by government rate, based on the investment method. 5 Loss of Compensate affected business owners for the No compensation. The 6-month notice is Gap. business cost of re-establishing commercial activities supposed to allow people to re-establish their elsewhere, for lost net income during the period business. The project will provide transitional allowance. of transition, and for the costs of the transfer and reinstallation of the business.

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No. Impact World Bank Requirements Uganda Legislative Requirements Gaps and how these will be addressed 6 Loss of Provide adequate replacement housing OR Owners of “Permanent” Buildings: Gap. dwelling cash compensation at full replacement value. Valuation by valuer + disturbance allowance structures (15%). Valuation is based on depreciated market Project will provide compensation based on value. replacement value. This will include the payment of government valuation rates, the payment of a Walls: classed as permanent structures, but value disturbance allowance, and a top up allowance (based calculated on investment method. on the current inflation rate) to compensate for the rise in construction materials. Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%).

Note: Rates are based on depreciated market value.

Tenants of structures: repayment of unused rent, and 6 months notice to vacate structure.

Provide security of tenure at the new site. No legislative requirement. Gap.

Legal land ownership will be replaced if lost.

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7.2 Institutional framework

The institutional arrangement for program implementation will be as par the Government of Uganda structure and consistent with existing legal provisions. Institutions that will be directly involved in the KIIDP II include, Kampala Capital City Authority (KCCA), Ministry of Gender, Labour & Social Development (MGLSD-OHS Department), Department of Museums & Monuments (for conservation of cultural heritage), Wetlands Management Department, National Environment Management Authority (NEMA) and Uganda National Roads Authority (UNRA). These shall ensure that program resources are budgeted for and disbursed within the national Medium Term Expenditure Framework (MTEF), and that program accounts are audited as per statutory requirements.

More still, the Five Administrative Divisions of Kampala City (Kawempe, Makindye, Nakawa, Lubaga, Kampala Central) and Uganda Land Commission would also be involved:

The above entities and their roles are outlined below:

7.2.1 Kampala Capital City Authority (KCCA)

KCCA and its five divisions represent government and are constitutionally mandated to acquire privately owned land in public interest and that fair and adequate compensation is paid to the affected persons. Article 26(2) of the constitution provides that “No person shall be compulsorily deprived of property or any interest in or any right over property of any description except where the following conditions are satisfied.

a) The taking of possession or acquisition is necessary for public use or in the interest of defense, public safety, public order, public morality or public health and b) The compulsory taking of possession or acquisition of property is made under a law which makes provision for:

i. Prompt payment of fair and adequate compensation, prior to the taking or acquisition of the property and ii. A right of access to a court of law by any person who has an interest or right over the property

Article 237(2) (a) further notes that “the Government or a local government may subject to article 26 of this constitution, acquire land in the public interest, and the conditions governing such acquisition shall be as prescribed by the parliament. Section 42 of the Land Act also notes that “the Government or a local government may acquire land in accordance with articles 26 and 237(2) of the constitution.”

7.2.2 Ministry of Gender, Labour & Social Development (MGLSD)

The Ministry guides all actors in the social development sector and creates an enabling environment for social transformation, leading to improved standards of living for all, increased equality and social cohesion. These roles make MGLSD a key secondary stakeholder in proposed KIIDP II projects with roles of empowering project communities to harness their potential through cultural growth, skills development and labour productivity for sustainable and gender responsive development. MGLSD has a department of occupational health and safety which is mandated to inspect workplaces to ensure safety and gender equity.

Matters relating to vulnerable groups like orphans, marginalized groups like the disabled and women are a

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responsibility of the Ministry of Gender, Labour and Social Development (MoGLSD). Further, the same ministry coordinates HIV/AIDS in work places and therefore it is imperative that KCCA and MoGLSD talk to each other in resolving land acquisition related matters especially compensation, HIV/AIDs in construction related activities and provision of job opportunities and other rehabilitation measures to the project affected persons. And in relation to the KIIDP II, the ministry should make sure that vulnerable persons for example PWDs are catered for regarding infrastructure development.

7.2.3 Ministry of Lands, Housing & Urban Development

The Ministry of Lands, Housing and Urban Development (MoLHUD) is a major stakeholder in this project. The Chief Government Valuer in the Valuation Division in the Ministry of Housing and Urban Development is responsible for approving the Valuation Roll. This demands fair and transparent compensation and as such all property valued are first inspected by the Chief Government Valuer. Chief Government Valuer’s office is also involved in resolving public complaints that arise from land acquisition valuations and compensation payments.

Section 2 (1) of the Land Acquisition Act 1964 states: “In order to ascertain the suitability of any land for a public purpose, any person authorized by the Minister may enter upon the land and;

a) Survey the land b) Dig or bore into the subsoil and remove sample, and c) Do any other thing necessary for ascertaining its suitability for that purpose.

(2) The government shall pay compensation to any person who suffers damage as a result of the exercise of the powers conferred by subsection 1. The minister appoints specific officers to enter upon the land to survey and ascertain suitability. He also declares a chunk of land as suitable for public purpose through a statutory instrumental (section 391 of the Land Acquisition Act)”.

This is particularly relevant in the case of defining reserves for roads and drainage for infrastructure going through private land. Unless the land for the reserves is acquired through statutory instrument, KCCA cannot simply acquire it, and would be liable to answer to trespass claims if the owner chooses to sue in court.

7.2.4 National Environment Management Authority (NEMA)

The National Environment Act (Cap 153) provides for the establishment of NEMA as the principal agency responsible for coordination, monitoring and supervision of environmental conservation activities. NEMA is under the Ministry of Water and Environment (MoWE) but has a cross-sectoral mandate to oversee the conduct of ESIAs through issuance of ESIA guidelines, regulations and registration of practitioners.

NEMA would work with KCCA Environment Officers and Division environment committees at division levels who also undertake inspection, monitoring and enforce compliance on its behalf. For this project, NEMA will review and approve environmental impact statement (EIS) of this project in consultation with any relevant lead agencies.

7.2.5 Wetlands Management Department (WID) in MoWE

Through its technical arm (Water Resources Management Directorate - WRMD), MoWE has a responsibility to

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regulate quality and quantity of water resources in the country. The Directorate is responsible for the full range of integrated water resources management (IWRM) activities including monitoring, assessing, planning, allocating and regulating water resources. Specifically, the Water Resources Planning Department which is responsible for water regulation through issuance of permits for abstraction of water will also play a key role in providing permitting needs for the proposed KIIDP-II facilities. Besides the water abstraction permit, WRMD also authorises issues to undertake road and drainage construction across a watercourse.

The Wetlands Management Department in this Ministry is responsible for monitoring projects through wetlands of conservation value. This department has adequate capacity to undertake monitoring roles applicable to the proposed infrastructure improvements under KIIDP-II. It also ensures conservation, wise use and protection of wetlands at National level including reviewing EIA’s on wetlands.

7.2.6 Uganda National Roads Authority (UNRA)

Uganda National Roads Authority (UNRA) was established by an Act of Parliament: The Uganda National Authority Act, No. 15 of 2006 and became operational on 1st July 2008. The mandate of UNRA is to develop and maintain national roads network, advise Government on general roads policy and contribute to addressing transport constraints to development. For this project, UNRA will liaise with KCCA, the developer responsible for this project implementation.

Institutional capacity of UNRA is strong and continually being improved to effectively manage development of new roads and maintenance of old ones.

The mandate of UNRA is to develop and maintain the national roads network, advise Government on general roads policy and contribute to addressing transport constraints to development. For this project UNRA will be interested in structural and interconnection between city roads and national trunk roads. KCCA will work very closely with UNRA to ensure that the proposed road infrastructure improvements are in line with UNRA’s plans to optimize the quality, timeliness and cost effectiveness of proposed road works.

7.3 Over view of World Bank’s Safeguard Policies

The World Bank’s ten safeguard policies are designed to help ensure that programs proposed for Bank financing are environmentally and socially sustainable, and thus improve decision-making. These operational policies are outlined below and ones to be triggered by the project indicated:

Table 7-2: World Bank policies showing their trigger status by the project Safeguard Policies Triggered? Reason Yes No 1 OP 4.01 Environmental Assessment x OP/BP 4.01 is triggered because the project will have potential adverse environmental impacts associated with the civil works (road works, drainage works, road widening, road safety measures, urban planning).

The ESMF of KIIDP-1 will be reviewed, updated and adopted for KIIDP-2 to guide implementation of environmental and social aspects of the project. Guidelines for

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mainstreaming environmental aspects into Urban Management/ physical planning will be incorporated in the ESMF. After identification of project sites/roads and associated drainage channels, respective ESIAs and ESMPs will be prepared, in a consultative manner and disclosed both in- country and at World Bank Infoshop before project implementation commences. 2 OP 4.04 Natural Habitats x The project may affect some wetland areas, especially the drainage sub component. The construction impacts in wetland areas shall be identified in ESIAs of specific sub- projects, but generic guidance has been provided under ESMF. 3 OP 4.09 Pest Management x The project will not involve use of pesticides in any of the three components. 4 OP 4.11 Physical Cultural Resources x Civil works and urban planning activities may affect Physical Cultural Resources (PCR). A framework for management of chance finds is provided in the ESMF but activities that may affect cultural heritage resources should develop a PCR Management plan. A PCRs assessment will be undertaken by KCCA and (if necessary) a PCRs management plan developed/included under the ESMPs.

There are notable herniated sites in Kampala which proposed projects should be aware of and protect from damage. 5 OP 4.12 Involuntary Resettlement x Under Component 2, the civil works are expected to involve widening of roads and drainage channels. This may lead to displacement of people and land uses. Therefore, a resettlement policy framework (RPF) has been developed. The RPF and PAD will also describe land tenure arrangements and any social impacts that could affect access to resources and livelihoods as a result of the project. 6 OP 4.10 Indigenous People x The project will not be implemented in IPs areas. In fact there are no indigenous peoples in Kampala City. 7 OP 4.36 Forests x The project is not expected to affect management of forests and neither will it support forest nor logging operations. 8 OP 4.37 Safety of Dams x The project is not related to development of dams. 9 OP 7.50 Projects on International Waterways x No impact on international waters is envisaged. 10 OP 7.60 Projects in Disputed Areas. x There are no disputed areas in Kampala City.

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8 COMPENSATION FOR LAND AND OTHER ASSETS

The RPF guidelines apply to all infrastructure components under the KIIDP II, whether or not they are directly funded in whole or in part by the KIIDP II activities. The RPF applies to activities in sub-projects (or components) affecting those who would be physically displaced or who would lose some or all access to resources, and regardless of the total number affected, the severity of impact, and their legal status (e.g. the RPF guidelines apply also to those with ill-defined or no legal rights to the land).

The RPF provides special attention to needs of vulnerable groups, including the landless, elderly and disabled, women and children, indigenous groups and ethnic minorities. Compensation payments for PAPs will be based on the Entitlement Matrix (Table 8-2) of this RPF.

8.1 Description of Infrastructure Development Activities with Potential for Compensation and Resettlement

8.1.1 Activities That May Cause Physical/Economic Displacement

The activities in the proposed KIIDP II Project that are expected to have land acquisition or restriction of access within the 5 divisions of the city include the following:

. Reconstruction and upgrading roads including dualling . Signalization of junctions . Beautification/greening of the city . Construction of drainages

8.1.2 Project Affected Entities

These are entities whose assets may be lost, or access to natural and/or economic resources as a result of activities related to sub-project(s). Project affected persons (PAPs) irrespective of their status (whether they have formal title, legal rights, non-legal right) are eligible for some kind of assistance if they occupied a given land parcel before the cut-off date. According to World Bank policies, owners of businesses or persons employed are also eligible for compensation.

Categories of people expected to be affected by the KIIDP II program include;

i. Roadside businesses which might be temporarily displaced  Commuter motorcyclists at “boda boda” stages  Roadside markets  Roadside tree/flower nurseries

ii. Roadside structures whose access might be temporarily severed  Schools  Hospitals  Shops  Banks

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 Dwellings iii. Utility companies whose infrastructures may be damaged  Telecommunication companies  Water/sewerage companies  Power supply companies iv. Road users  Pedestrians  Motorists/cyclist

v. Vulnerable groups

Vulnerable people are people who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. For this project, this category will include school children, elderly people, women and people with disabilities.

8.2 Compensation and Resettlement

KCCA will ensure adequate compensation for PAPs who lose assets or livelihoods when the sub-projects are implemented. Compensation will be developed in consultation with the affected community (PAPs).

8.3 Eligibility Criteria and Cut-off dates

a) Cut-off dates

The cut-off date is considered by the surveying and valuation consultant as the last day of the census of affected people and properties. No structure or field established in the project-affected area after that date would be eligible for compensation. The cut-off date after which no settlers or developers are eligible for compensation is publicized among potentially affected people. This is explained during the census and valuation exercise to all stakeholders in the area, including: Project-affected people, identified and individually surveyed, Parish Land Committee (LC2 level), and, LC officials in which consultations are undertaken.

b) Eligibility Criteria

According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, will be based on the following:

a) Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Uganda. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations.

b) Persons who do not have formal legal rights to land or assets at the time the census begins.

c) Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes encroachers, illegal occupants/squatters and ownerships under dispute etc.

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Affected persons classified under paragraph (a) and (b) will be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the project. The compensation will be in accordance with the provisions of this framework and if affected persons occupied the project area prior to the date of commencement of the Census. Persons covered under sub-section (c) above are to be provided with resettlement assistance in lieu of compensation. In addition, they have to be given the necessary relocation assistance in conformity with the provisions of this policy framework provided the land was occupied prior to the established cut-off date.

All persons in the three sub-sections above are to be provided with compensation for loss of assets other than land. Consequently, this policy advocates for some kind of assistance to all affected persons, including illegal occupants/squatters and encroachers, that is, irrespective of whether they have formal titles, legal rights or not.

The proposed KIIDP II will provide compensation to all affected people eligible for compensation based on nature or category of their losses for example physical assets.

Opportunistic structures established after the cut-off date shall not be compensated for:

Resettlement Action Plans or abbreviated resettlement action plans may be required in instances where PAPs have been identified. In such cases, a number of actions will be required by KCCA. These would include the following;

a) Screening b) RAP preparations c) Socio-economic Survey of Affected Households

8.4 Screening

Each of the infrastructure development activities under KIIDP II will be screened for land acquisition and displacement impacts. Screening should take place at feasibility study stage with a view to identifying land to be acquired for the project, and resettlement impacts. Records should be accurate and as detailed as possible. A format of recording and categorizing the affected persons, groups and the community as a whole will be agreed and detailed in the RAPs. In the case of physical works, up to date maps and records will be used. Electronic record will be needed for ease of retrieving and using the record.

Information to be recorded will include demographic, socio-economic characteristics, assets ownership, indebtedness, type of structure, size, ownership and available facilities and in case of shops or business – details related to business, number of employees, turnover and related business information. On a case by case basis the displaced persons and activities should be categorized to assist in the assessment of compensation. Information obtained through the screening exercise will be used in the preparation of the Resettlement Action Plans (RAPs). The extent of environmental and social work that might be required for the sub-projects prior to implementation will depend on the outcome of the screening process. This should include screening for possible resettlement impacts.

8.5 RAP Preparation

As soon as the list (sub-projects) is approved by the responsible agency implementing the program, a consultative and participatory process for preparing a RAP will be started and will involve the following steps:

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8.5.1 Socio-economic Survey of Affected Households

The RAP team will undertake a socio-economic survey to identify all affected PAPs for purposes of capturing their socio-economic parameters such as household size, income levels, education levels, housing conditions, access to basic services, assets ownership and any other parameter to help to provide sufficient information for the benefit of the activity and the household. The inventory will also document details of the affected properties, their legal status and caveats that may exist. The means of sustaining livelihood for the affected will be captured as this will be used to analyse options for providing resettlement assistance.

The socio-economic survey will be consultative involving the community and the affected individuals. It will employ known and tested tools of socioeconomic survey including: - household surveys, group discussions, Focus Group Discussions and Key Informant Interviews.

Annex 3 describes the requirements for the RAP in detail. In general, the RAP contains the following information:

a) Baseline Census; b) Socio-Economic Survey; c) Specific Compensation Rates and Standards; d) Entitlements related to any additional impacts; e) Site Description; f) Programs to Improve or Restore Livelihoods and Standards of Living; g) Detailed cost estimates and implementation schedule.

Kampala Capital City Authority will be responsible for preparation of ToRs for KIIDP II RAP study.

The following guidelines are used during preparation of the RAP. a) Consultation and participatory approaches.

A participatory approach is adopted to initiate the compensation process. The consultations must start during the planning stages when the technical designs are being developed, and at the land selection/screening stage. The process therefore seeks the involvement of PAPs throughout the census for identifying eligible PAPs and throughout the RAP preparation process. b) Disclosure and notification.

All eligible PAPs will be informed about the KIIDP II program and the RAP process. A cut-off date is established as part of determining PAPs eligibility. In special cases where there are no clearly identifiable owners or users of the land or asset, the RAP team must notify the respective local authorities and leaders. A “triangulation” of information – affected persons; community leaders and representatives; and an independent agent (e.g. local organization or NGO; other government agency; land valuer) – may help to identify eligible PAPs. The RAP must notify PAPs about the established cut-off date and its significance. PAPs must be notified both in writing and by verbal notification delivered in the presence of all the relevant stakeholders.

c) Documentation and verification of land and other assets.

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The government authorities at both national and local levels; community elders and leaders; representatives from KCCA will arrange meetings with PAPs to discuss the compensation and valuation process. For each individual or household affected by the sub-project, the RAP preparation team will complete a Compensation Report containing necessary personal information on the PAPs and their household members; their total land holdings; inventory of assets affected; and demographic and socio-economic information for monitoring of impacts. This information will be documented in a Report, and ideally should be “witnessed” by an independent or locally acceptable body (e.g. Resettlement Committee). The Reports will be regularly updated and monitored. d) Public Consultation and Participation

Projects involving the community owe their success to community participation and involvement from planning to implementation stage. Hence public consultation through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the KIIDP II program. The aim of public participation at this stage would be to:

 Disseminate concepts for proposed projects with view to provoke project interest amongst communities  Determine communities’ willingness to contribute in kind towards the implementation of the project.

The persons affected by the project should participate in the whole process of the compiling and implementation of the resettlement plan, for which, at this point, before formulating the resettlement plan, a public meeting should be held to provide the residents with the right to learn this policy framework. Relevant local governments should enable affected households and non-domestic organizations to understand the treatment they may enjoy and the options they may select according to the resettlement plan. e) Grievance management mechanism

This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff or contractors during RAP implementation. It also describes procedures, roles and responsibilities in grievance management process.

Grievance management will aim to provide a two-way channel for the project to receive and respond to grievances from PAPs, stakeholders or other interested parties. Grievances will be managed by a seven-member committee of composition indicated in table below.

Table 8-1: Proposed Grievance Committee Entity Department Responsible person KCCA (Headquarters) Head, Directorate of Engineering and Director Technical Services Directorate of Public health services and Director Environment Directorate Of Gender And Community Director Services Directorate of Physical Planning Director Division Public Health & Environment Environmental Officer (of Respective Division) Gender & Community Welfare Community Development Officer, CDO

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Local Council Division Mayor Representative of PAPs from each division To be elected by PAPs

Grievances will be resolved in s 5-step process as outlined below:

Step 1: Any aggrieved party will lodge their complaint with either the Community Development Officer or Environmental Officer at the Division Office.

Step 2: The grievance will be recorded in a log but discussed and if redress can be made by the CDO or Division Environment Officer (DEO), the complaint will be closed at that stage and upon satisfaction, the complainant will sign against their grievance to indicate closure.

The grievance log will be designed such that besides capturing the general complaint and detail of the aggrieved party, it will also record the core cause of the complaint to enable the Grievance Committee understand origin and patterns of complaints so that a solution can be found for their cause and avoid recurrence.

A grievance database will be maintained at the Divisions for recording and keeping track of grievances and how they were resolved. The database will be a ‘living’ document, updated weekly.

Step 3: If a solution cannot be found in Step 2, the complaint will be referred to a Grievance Committee meeting held on the last day of every week. The committee will discuss the complaint and notify the complainant of a solution within 2 days after the meeting.

Step 4: If the aggrieved entity is satisfied with the solution, they will sign a closure statement but if not, then the complainant will be invited to attend the next Grievance Committee meeting to discuss the outstanding query in their presence.

Step 5: If agreement is secured in Step 4, the aggrieved party will sign a closure statement but if not, they are entitled to seek redress in courts of law. f) Compensation and valuation.

All types of compensation will be clearly explained to the individual and households involved. These refer especially to the basis for valuing the land and other assets. Once such valuation is established, KCCA will produce a Contract or Agreement that lists all property and assets being acquired by the sub-project and the types of compensation selected. Table 8-2 below provides a sample of entitlements that are eligible for compensation. These options include in-kind (e.g. replacement housing) and cash compensation. All compensation should occur in the presence of the affected persons and the community local leaders.

8.6 Entitlement Matrix 8.6.1 Nature and scope of displacement impacts under KIIDP II

The Entitlement Matrix is based on displacement impacts anticipated from the implementation of KIIDP activities. Displacement impacts are anticipated to be occasioned by activities that include but may not be limited to the following:-

. Partial demolition of structures to expand / realign road reserves and drainage systems.

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. Displacement of open and mobile shops (kiosks) to expand / realign road reserves, provide drainage canals, and other road elements. . Displacement of settlements to reclaim public utility land required for projects in components two and three; . Removal of structures to create room for trunk infrastructure envisaged for components two and three.

Entitlement matrix outlined in table 8.2 below defines the type of compensation and assistance to be provided to the different categories of project affected households. The following principles will guide payment of compensation for lost assets:-

. Compensation shall be paid prior to acquisition or displacement; . Compensation shall be extended to all PAPs irrespective of tenure status; . Compensation will be at replacement cost meaning that replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. Replacement cost for agricultural land implies the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of preparing the land to levels similar to those of the affected land; and any registration and transfer taxes; . Compensation for structures shall include the full market cost of materials and labour required for reconstructing a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building. Depreciation will not be taken into account while calculating the cost of affected structures. The Compensation package will also include cost of moving, such as transport costs as well as any associated land titling or transfer fees. . In case of physical displacement and depending on tenure category, PAPs will be provided transition assistance such as moving allowances, subsistence allowances and alternative plot or house where possible. PAPs will also be offered support after displacement during transition period and based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. All efforts will be made to resettle the physically displaced families within the same settlement to enable them to retain their identity and continue their inter-personal and inter dependency relations. . PAPs will be provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities; . In cases where in-kind replacement is not the preferred option of the PAPs, then the cash compensation will be based on the replacement cost. For the purposes of this RPF, the use of replacement value, or market value, will mean the higher value of two options.

8.6.2 Compensation for vulnerable groups

In addition to these entitlements, households who are found in difficult situations and are at greater risk of impoverishment (i.e. orphaned children, those that are physically challenged, etc) as identified by the census will be provided with appropriate assistance by the project. Assistance may be in form of food, temporary accommodation, medical subsidy, employment referrals or priority employment in project activities. The assistance is meant to help them cope with the displacement caused by the project and as such the following considerations will be made when project sites are identified and PAPs listed:-

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. Special consideration should be paid to these groups by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP process; . The groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as project activities; . Consultation with these groups should ensure that resulting resettlement and compensation improves their pre-project livelihood-with preference going to their resettlement in the same settlement; . The RAPs should be designed to ensure special attention is paid to the monitoring of the resettlement process in order to ensure that pre-project livelihoods are indeed improved upon; . PAPs should be given sufficient technical and financial assistance to make use of the grievance mechanisms of the project where required; . Decisions concerning them should be made in the shortest possible time.

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Table 8-2: Entitlement Matrix Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Urban agricultural land Cash compensation for affected land Farmer/ title holder Cash (monetary) compensation for affected land taking into account the equivalent to market value market values (and/or equivalent to replacement value)

Tenant/ lease holder Cash compensation for the harvest or product from the affected land or asset, equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater.

Commercial Land Land used for business partially Title holder/ business Cash compensation for affected land equivalent to market value affected owner Opportunity cost compensation equivalent to 5% of net annual income Limited loss based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Business owner is lease Opportunity cost compensation equivalent to 10% of net annual income holder based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Assets used for business severely Title holder/business Land for land replacement or compensation in cash according equivalent affected owner to market value to PAP’s choice. Land for land replacement will be provided in terms of a new parcel of land of equivalent size and market If partially affected, the remaining potential with a secured tenure status at an available location which is assets become insufficient for acceptable to the PAP. business purposes Transfer of the land to the PAP shall be free of taxes, registration, and other costs.

Relocation assistance (costs of shifting + allowance)

Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Business person is lease Opportunity cost compensation equivalent to 2 months net income based

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Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits holder on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to reestablish the business. Residential Land Land used for residence partially Title holder Cash compensation equivalent to market value for affected land affected, limited loss Rental/lease holder Cash compensation equivalent to 10% of lease/ rental fee for the remaining period of rental/ lease agreement (written or verbal) Title holder Land for land replacement or compensation in cash equivalent to market value according to PAP’s choice.

Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status.

When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value.

Transfer of the land to the PAP shall be free of taxes, registration, and other costs.

Relocation assistance (costs of shifting + allowance) Land and assets used for residence Rental/lease holder Refund of any lease/ rental fees paid for time/ use after date of removal severely affected Cash compensation equivalent to 3 months of lease/ rental fee Remaining area insufficient for continued use or becomes smaller Assistance in rental/ lease of alternative land/ property than minimally accepted under zoning laws Relocation assistance (costs of shifting + allowance) Buildings and Structures are partially affected Owner Cash compensation equivalent to market value for affected building and structures other fixed assets Remaining structures viable for continued use Cash assistance to cover costs of restoration of the remaining structure Rental/lease holder Cash compensation for affected assets (verifiable improvements to the property by the tenant). Disturbance compensation equivalent to two months rental costs

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Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Entire structures are affected or Owner Cash compensation for entire structure and other fixed assets without partially affected depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Cash compensation Remaining structures not suitable for should take into account the market values and importance of a replace continued use value of all property.

Right to salvage materials without deduction from compensation

Relocation assistance (costs of shifting + allowance)

Rehabilitation assistance if required (assistance with job placement, skills training) Rental/lease holder Cash compensation for affected assets (verifiable improvements to the property by the tenant) taking into account market value.

Relocation assistance (costs of shifting + allowance equivalent to four months rental costs).

Rehabilitation assistance if required (assistance with job placement, skills training). Squatter/informal dweller Cash compensation equivalent to market value for affected structure without depreciation.

Right to salvage materials without deduction from compensation

Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project.

Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available).

Rehabilitation assistance if required assistance with job placement, skills training). Street vendor (informal Opportunity cost compensation equivalent to 2 months net income based without title or lease to the on tax records for previous year (or tax records from comparable business, stall or shop) or estimates), or the relocation allowance, whichever is higher.

Relocation assistance (costs of shifting)

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Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits

Assistance to obtain alternative site to re- establish the business. Standing crops Crops affected by land acquisition or PAP (whether owner, Cash compensation equivalent to average of last 3 years market value for temporary acquisition or easement tenant, or squatter) the mature and harvested crop. Trees Trees lost Title holder Cash compensation based on type, age and productive value of affected trees plus 10% premium. This should be equivalent to the market value. Temporary Acquisition Temporary acquisition PAP (whether owner, Cash compensation equivalent to market value for any assets affected tenant, or squatter) (e.g. boundary wall demolished, trees removed) Road side businesses Temporary displacement Business owners Provision of locations for temporary location (e.g. for boda boda stages and road side markets. Utility companies Damage to underground facilities and Utility companies Compensation for repair of damaged infrastructure and restoration of interruption of service service.

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9 IMPLEMENTATION COSTS FOR THE RPF

The project has proposed some roads and junctions with specific related infrastructure to be developed, and therefore the impact of land take is not known and the exact number of PAPs is unknown at the moment. Because costs of resettlement and compensation are based on technical designs, results of scoping, detailed valuation surveys and detailed RAP studies, table below only provides estimate of cost of implementing the RPF of USD 2,000,000. Detailed budgets and costs for compensation of the affected persons and institutions will be determined within specific RAPs to be prepared and implemented prior to project civil works. The budget will be developed from the specific social assessment studies and mitigation/livelihood restoration measures to be developed and will cover resettlement activities including compensation cost for affected assets. The cost will be derived from expenditures relating to: 1) the preparation of the resettlement/compensation action plan; 2) Relocation and transfer; 3) Income and means of livelihood restoration plan; and 4) administrative costs. The budget estimate presented above will be reviewed during the actual sub-project implementation based on the specific site RAPs preparation as appropriate

Funds for implementing inventory assessments as well as land acquisition and resettlement action plans will be provided by the Government of Uganda through the Ministry of Finance, Planning and Economic Development MoFPED. KCCA will prepare the resettlement budget and this budget will be managed through the administrative and financial management rules and manuals. Any shortfalls of the above estimated budget will be met by the Government of Uganda through the Ministry of Finance, Planning and Economic Development MoFPED to ensure that KCCA meets the required obligations.

Table 9-1: Estimated RPF budget for KIIDP II implementation period Category Estimated cost (USD) Compensation for asset Land 300,000 Structure 200,000 Crops and economic tress 50,000 Community infrastructure 100,000 Compensation/relocations of public utilities 300,000 Compensation for economic losses 100,000 Training 30,000 Monitoring 50,000 Grievances management 20,000

TOTAL (Approximately) 2,000,000

It should be noted that, before any project activity is implemented, PAPs must be compensated in accordance with the RPF. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation prior to displacement and preparation of resettlement sites with adequate facilities, where required. The RAPs will detail the step for taking over the land and expropriation of assets. In any case, this may only take place after compensation has been paid and where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual RAPs with clear documentation of the process.

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10 PUBLIC CONSULTATION AND DISCLOSURE PLAN

The purpose of the Resettlement Policy Framework is to guide the Management of the Resettlement process for KIIDP II activities. Led by the KCCA, several actors will be involved as beneficiaries and financiers. These roles are complementary and should therefore be coordinated to achieve maximum and best results.

KCCA will coordinate and manage the following:-

a) Project preparation; b) Identification of KIIDP II activities or sub-projects with the involvement and contribution of the local authorities, utility and service deliverers and specialist establishments; c) Preparation of Resettlement Action Plans (RAPs). d) Management of technical inputs required for the preparation and appraisal of the project for funding by the World Bank; e) Management of the Resettlement process which includes:-

- The finalization and approval of this RPF, the ESMF and other agreed reports; - Once the activities (sub-projects) and their locations are established, coordinating and facilitating interaction with communities and potential Project Affected Persons (PAPs); - Conduct socio-economic surveys and coordinate the preparation of RAPs for identified sites.

f) Prepare and keep an update road map for the delivery of KIIDP II. g) Establish Monitoring and evaluation modalities for KIIDP II.

Public consultations in relation to the RAP occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach will be adopted as an on-going strategy throughout the entire project cycle.

Public participation and consultations related to KIIDP II will take place via meetings in project communities and radio programs. PAPs are consulted in the survey process; public notices where explanations of the sub-project are made; RAP implementation of activities; and during the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders, will take into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance).

The role of traditional, political and cultural leaders, including the community elders, in the participation strategy will be important. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. This is so because some roads will be constructed on Buganda Kingdom’s land.

10.1 Data collection phase

For projects components that require Resettlement Action Plans, this process should start with acquisition of socio- economic data from affected entities. This information will be used to derive equitable compensation and resettlement where applicable.

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10.2 Implementation phase

During implementation, PAPs will be informed about their rights and options. The grievance mechanism will continue to operate and all grievances will be recorded. The participation of local leaders and PAPs in disseminating information and resolving disputes will be important once RAP implementation starts. A dynamic participatory approach involves PAPs in decision making about livelihood and community development programs.

10.3 Monitoring and evaluation phase

PAPs representatives will participate in the sub-project workshops at mid-term and at the end of RAP implementation. To the extent possible, the RAP should include social accountability tools like citizen report cards to assess the quality of RAP implementation, and in some cases, assist the RAP team in tracking expenditures. The latter would be significant in helping PAPs with money management and restoring their livelihoods. PAPs will be able to suggest corrective measures, as needed, to improve RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will participate in a feedback survey as part of the RAP’s independent impact evaluation exercise.

10.4 Disclosure Arrangements for RPFs and subsequent RAPs

This RPF will be disclosed in compliance with relevant Ugandan regulations and The World Bank Operational Policy 4.12 and with the review and approval of the World Bank.

A: In country disclosure

After The World Bank’s review and approval of the RPF, KCCA will disclose the RPF on its website, public libraries and the five division offices that is Rubaga, Kawempe, Makindye, Nakawa and Kampala central as well as the media. In addition, KCCA will also disclose the subsequent RAP(s), in a similar channel after review and approval by the World Bank.

B: World Bank Info shop

Subsequently, the RPF and RAP(s) will also be disclosed on World Bank info shop.

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11 MONITORING AND EVALUATION PLAN

In order to assess whether the goals of the resettlement and compensation plan are met, a Monitoring and Evaluation Plan (MEP) will be required. This monitoring plan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. The activities under the KIIDP II program will be institutions shown below:

Table 11-1: Institutions to be involved in project monitoring Institution /entity Monitoring role Wetland Management Department, WMD Wetland conservation during construction of roads and drainage system. UNRA Monitoring how city roads and traffic interface with national highways. Traffic Police Road safety and traffic flow. MGLUD Occupational safety on worksites, gender impacts and impacts on persons with disabilities. KCCA Monitoring contractor compliance with recommendations of RPF and ESMF NEMA Monitoring environmental compliance during project implementation. MLHUD Approving property valuations and monitoring land acquisition. Ministry of Tourism, Trade & Industry Monitoring impacts on businesses and trader’s complaints. Representative of PAPs from each Monitoring how PAPs grievances are effectiveness addressed division Buganda Land Board Monitoring projects impacts on Buganda kingdom land

The main indicators that the MEP will measure include: (i) impacts on affected individuals, households, and communities to be maintained at their pre-project standard of living, and better; (ii) improvement of communities affected by the project; and (iii) management of disputes or conflicts. In order to measure these impacts, the RAP identifies the specific indicators to be monitored; defines how they will be measured on a regular basis; and identify key monitoring milestones (e.g. at mid-point of the RAP implementation process).

11.1 General Objectives and Approach

The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components:

a) Internal monitoring – undertaken by the Monitoring Officer within KCCA, b) External evaluations – undertaken by an external agency e.g. independent entity/consultant

11.1.1 Internal Monitoring Process

The overall objectives and tasks of the internal monitoring process are:

. Tracking progress of RAP implementation including number of PAPs compensated, relocated and assistance to vulnerable; . Creation of a mechanism to analyse M&E data against a pre-resettlement baseline; and . Regularly respond to M&E findings by adapting existing measures or by modifying implementation processes.

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The monitoring process will be used to analyse progress and change at regular intervals and shall be linked to the various stages of the RAP, as follows:

a) During resettlement

During resettlement, M&E should focus on resettlement issues such as:

i) Number of families that have been moved; ii) Number of people given possession and legal papers to new property (land or house) iii) Impacts on livelihood and income iv) Registration of unemployed people

b) After resettlement

After the physical relocation is completed, monitoring shall focus on rehabilitation issues and status on each of the measures will be assessed, for example:

i) Target date for completion (e.g. within two months of resettlement); ii) Progress to date iii) Progress in the last month iv) Target for the month v) Reasons for delay, if any; and vi) Action to be taken, including specific responsibilities of other members of implementation team. vii) Socio-economic assessment to ensure minimal impacts – that the PAPs are not worse off than before the RAP process.

11.1.2 External Monitoring Process

External monitoring will be conducted by external agency e.g. independent entity/consultant. The program management structure will be envisaged to enable effective communication and distribution of responsibilities amongst different participants of the KIIDP II program at all different levels. The external evaluation process will be informed by internal monitoring reports prepared by council.

Stakeholders will be involved in project monitoring through meetings organized by independent monitoring entity. Project monitoring by the public will be achieved by maintain open channels of communication with KCCA headquarters and Division offices through which view about project information can be brought to the attention of KCCA at any time. At KCCA these views will be reported to the Director Gender and Community Services while at each division, monitoring information will be channeled through the office of CDOs.

11.2 Setting of Monitoring and Evaluation Goals

RAPs will set major socio-economic goals by which to evaluate their success which will include:

i) affected individuals, households, and communities being able to maintain their pre-project standard of living, and even improve on it, ii) the local communities remaining supportive of the project; and iii) the absence or prevalence of conflicts.

In order to assess whether these goals are met, RAPs will indicate parameters to be monitored, institute monitoring

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milestones and provide resources necessary to carry out the monitoring activities. The Project Coordination Team will institute an administrative reporting system that will:-

. Provide timely information about all resettlement arising as a result of KIIDP II activities; . Identify any grievances that have not been resolved at a local level and require resolution through the involvement of the PCT ; . Document the timely completion of project resettlement obligations for all permanent and temporary losses; . Evaluate whether all PAPs have been compensated in accordance with the requirements of this RPF and that PAPs have higher living standards in comparison to their living standards before physical or economic displacement. . Alert project authorities and parties to the necessity for land acquisition in KIIDPs planned activities.

The resettlement process should be monitored consistently with the involvement of the PAPs. The parties will:-

. Agree the monitoring parameters with the PAPS and involve them in gathering the information. . Using the register, establish a method of tracking down the PAPS depending on their established socio- economic setting. Treat each case as a special case for better results. . Establish purposes to which cash compensations and non-cash compensation are applied to and following the agreed monitoring parameters record the same and take immediate action. . Agree the expected results of the resettlement process with the PAPs and authorities and document the progress. . Prepare periodic reports and disseminate information widely minus personal information of PAPs. . Agree and adhere to a timeframe and milestones for reporting and reviewing progress. There should be no hidden agenda.

11.2.1 Responsibility of the Authorities

The role of the implementing authorities is critical in the operationalization of the Resettlement Policy Framework. The following are important points to observe:-

. Ensure that there is trust between the PAPs and the authorities throughout the process by being transparent in every action and sharing information. . Being realistic with time frames and sequencing of related activities: - when registration will be completed, - when assessment will be completed, - when computation of entitlements will be carried out, - when payments will be made by whom and where, - when the acquired land will be vacated and when the contractor will move on site.

. Adhering to the agreed and publicized timetable of delivery of compensation is critical. This calls for a deliberate effort to ensure: - Funds for compensation are ready, set aside and accessible when payment commences; - The location for resettlements is demarcated and available without encumbrances for those who opt to be relocated.

The PCT will provide training, technical support and funding to ensure that capacity is established within all parties to facilitate their participation and contribution in M&E.

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11.2.2 Indicators to Determine Status of Affected People

These indicators are most important with respect to the RPF policy on resettlement and compensation. They will be informed by the baseline survey and will provide the council and the World Bank data and trends for refocusing the project and for improving delivery as a whole. The following will be considered:

i) Affected individuals, households, and communities are able to maintain their pre project standard of living, and even improve on it; and

ii) The local communities remain supportive of the project. iii) Specific indicators may include the following, which would indicate a change in: . quality of, and access to services, number of people employed; . number of people engaged in income-generating activities; . number of vulnerable people; . sources of income; . expenditure pattern.

11.2.3 Indicators to Measure RAP Performance

In terms of the resettlement process, the following indicators could be used to understand the success of the measures identified and the working of the relevant parties in implementation the RAP:

. Percentage of individuals selecting cash or a combination of cash and in-kind compensation . The number of contentious cases as a percentage of the total cases; . The number of grievances and time and quality of resolution; . The ability of individuals and families to re-establish their pre-displacement activities; . Number of impacted locals employed by the civil works contractors; . General relations between the project and the local communities.

These will be determined through the following activities:

. Questionnaire data will be entered into a database for comparative analysis coordinated by the PCT; . Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received; . The PCT will maintain a complete database on every individual impacted by the subproject land use requirements including . Relocation/resettlement and compensation, land impacts or damages; and the PCT should prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports.

11.2.4 Annual audit

The annual audit of RPF implementation, and as applicable RAP implementation in sub-project(s), includes: (i) a summary of RAP performance of each sub-project; (ii) a compliance review of RAP implementation process; and (iii) a progress report on the quality of RAP implementation in terms of application of guidelines provided in this RPF.

The audit will verify results of monitoring of RAP implementation indicators, and assess whether the project achieved the resettlement objectives. A specific measure of whether livelihood and living standards have been restored or enhanced will be completed. The audit will also assess the efficiency, effectiveness, impact, and sustainability of RAP sub-project activities. The aim is to learn lessons for application to future sub-projects or other projects in the sector and in the country. Finally, the audit will ascertain whether the resettlement entitlements were appropriate, as

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defined in the RPF guidelines.

11.2.5 Socio-economic monitoring

This will entail monitoring project impacts on trading and business activities in the project sites utilizing indicators such as complaints or reported weekly losses occasioned by project activities.

11.2.6 Reporting and documentation

Reporting should entail documentation of mid-term and end term RAP evaluation of the implementation process including enforcement of cut-off dates and these reports should be shared with World Bank. Where RAPs are undertaken for given project components, completion reports should be undertaken and shared with World Bank

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12 LESSONS FROM KIIDP I

The following lessons from KIIDP I will be useful for the implementation of the KIIDP II: a) Control of encroachment on project sites.

Experience from KIIDP I shows that KCCA needs to control more effectively encroachment by people not initially in project sites/corridors by ensuring the following:

. Cut-off date: Widely disseminating the cut-off date in project communities. This can be done through radio announcements, posters and sensitization meetings in project communities. KCCA should enforce and monitor observance of cut-off dates through regular inspections.

. Marking project sites: Project sites/boundaries should be clearly marked to indicate to communities KCCAs intent to acquire and use the marked areas for project development. b) Grievance Management:

KCCA never had a formal process for managing grievances but this has been developed in this RPF and should be utilized. c) Inadequate understanding of Resettlement as a process

KCCA did not exhibit adequate understanding of processes and principles of resettlement (as evidenced by project lack of cut-off dates in many instances, and lack of grievance management procedures.

Recommendation

Training in resettlement planning and implementation would therefore be essential before and during implementation of KIIDP II. Such training should bridge requirements of Government of Uganda and Operational Policies of World Bank

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REFERENCES

1. Uganda 1997: The Local Governments Act. 2. World Bank O.P.412 on Resettlement 3. Land Acquisition and compensation Act 1991 4. HIV AIDS work place policy, September 2009 5. Population Secretariat (2010). Uganda: Population Factors & National Development. Kampala Uganda 6. The Land Act 1998 7. UBOS 2012 Statistical Abstract 8. The Public Health Act, Cap 281 9. The State of Uganda Population Report 2012. Uganda Population Secretariat & UNFPA. 10. The Water Act Cap 152 11. UBOS (2007). Projections of demographic trends in Uganda 2007-2017. Volume I. Kampala Uganda 12. World Bank Operational Manual 13. Swilling, M., 2006: “Sustainability And Infrastructure Planning in South Africa: a Cape Town Case Study,” in Environment & Urbanization, April 2006, Volume 18 Number 1, pp 23–50. 14. KCCA Updating Kampala Structure Plan and Upgrading the Kampala GIS Unit, September 2012 15. Kampala Transport Improvement Plan (2003), 16. Kampala Drainage Master Plan (2003), 17. Kampala Physical Development Plan (2012), 18. The new corporate strategy of KCCA (2012), 19. Findings & recommendations of Uganda Urbanization Review (2012)

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ANNEX 1: World Bank Resettlement Policy Framework (RPF)

[Excerpt from the World Bank OP4.12 Involuntary Resettlement, Revised April 2004]

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP 6.00, Bank Financing - that is, those in countries with approved country financing parameters. Other operational policy statements governing Bank financing that have been amended to reflect OP/BP 6.00 also apply to these projects.

Projects in countries without approved country financing parameters continue to be subject to other operational policy statements governing Bank financing.

Resettlement Policy Framework

For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy. The framework also estimates, to the extent feasible, the total population to be displaced, and the overall resettlement costs.

For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy. In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential sub-borrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing.

For other Bank-assisted project with multiple subprojects that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. For each subproject included in a project described in paragraphs 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. For projects described in paragraphs 26-28 above, the Bank may agree, in writing, that sub-project resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review

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resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity’s approval of resettlement plans found not to comply with Bank policy, is provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank.

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ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP)

This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank external website.

The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context.

A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following:

Description of the sub-project: General description of the sub-project and identification of sub-project area or areas.

Potential Impacts: Identification of the: (i) the sub-project components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation.

Objectives: The main objectives of the resettlement program as these apply to the sub-projects.

Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering: i) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; ii) Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; iii) Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic; iv) Information on vulnerable groups or persons, for whom special provisions may have to be made; and v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions.

There may be other studies that the RAP can draw upon, such as those describing the following:

i) Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including

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fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area; ii) Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project; iii) Public infrastructure and social services that will be affected; and iv) Social and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

Legal Framework: The analysis of the legal and institutional framework should cover the following:

i) Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc; ii) Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the sub-project; iii) Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc related to displacement and resettlement, and environmental laws and social welfare legislation; iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; v) Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and the mechanisms for addressing such gaps; and vi) Legal steps necessary to ensure the effective implementation of RAP activities in the sub-projects, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc and which are specific to the sub-projects.

The institutional framework governing RAP implementation generally covers:

i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation; ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes.

Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.

Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation

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consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates).

Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information.

Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following:

i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites; iii) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled.

Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described.

Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

Community Participation: Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include:

i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities; ii) Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented.

The consultations should cover measures to mitigate the impact of resettlement on any host communities, including:

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i) Consultations with host communities and local governments; ii) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to PAPs; iii) Conflict resolution involving PAPs and host communities; and iv) Additional services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms.

RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc).

Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project.

Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement.

Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation.

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ANNEX 3: Sample Grievance and Resolution Form

Name (Filer of Complaint): ______ID Number: ______(PAPs ID number) Contact Information : ______(Village ; mobile phone) Nature of Grievance or Complaint: ______Date Individuals Contacted Summary of Discussion

______

Signature______Date: ______

Signed (Filer of Complaint): ______Name of Person Filing Complaint :______( if different from Filer) Position or Relationship to Filer: ______

Review/Resolution Date of Conciliation Session: ______Was Filer Present? : Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ______Summary of Conciliation Session Discussion: ______Issues ______

Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below:

Signed (Conciliator): ______Signed (Filer): ______

Signed: ______Independent Observer

Date: ______

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ANNEX 4: Sample Table of Contents for Consultation Reports

1.0 Introduction. 1.1 Project Description 1.2 Applicable Laws, Regulations, and Policies to Public Engagement 1.3 Project Lenders

2.0 Stakeholder Analysis 2.1 Areas of Influence/Stakeholders 2.2 Description of Stakeholders

3.0 Stakeholder Engagement 3.1 Previous Consultation Activities 3.2 Implemented Community Engagement Activities 3.3 Project Sponsor’s Community Engagement Plan 3.3.1 Phase 1 – Initial Stakeholder Consultation 3.3.2 Phase 2 – Release of the SEA Terms of Reference and Draft PCDP 3.3.3 Phase 3 – Release of SEA Consultation Summary Report

4.0 Summary of Key Issues

5.0 Future Consultation Events 5.1 Phase 4 – Release of the SEA Report and Action Plans 5.2 Phase 5 – RCDAP Planning Consultation 5.3 Phase 6 - Ongoing Project Communication

6.0 Disclosure Plan

Tables Table 2.1: Consultation Activity Summary Table 3.1: Initial Government Agency Consultations Table 3.2: Summary of NGO Meetings Table 3.3: Sub-County Committee Composition Table 3.4: Summary of Community Discussions Table 3.5: Local Community Comments Table 4.1: Summary of Key Issues and Responses Table 5.1: Summary of Future Consultation Activities per Stakeholder Group

TEMPLATE Table on Consultation Activity Summary

Location and Meeting Dates Attendees Discussion Summary Communities Represented Example:

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ANNEX 4: Glossary of Terms

Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions.

Compensation The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets, is called compensation. These include other impacts resulting from activities to rehabilitate or cushion the impacts from displacement.

Cutoff Date The cut-off date is the date of commencement of the census of PAPs or DPs within the EASP program area boundaries. This is the date on and beyond which any person whose land is occupied for EASP program, will not be eligible for compensation.

Grievance The RPF contains a grievance mechanism based on policies and procedures that are designed to Mechanism ensure that the complaints or disputes about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, etc. are being addressed. This mechanism includes a procedure for filing of complaints and a process for dispute resolution within an acceptable time period.

Implementation The RPF contains an implementation schedule that outlines the time frame for planning, Schedule implementation, and monitoring and evaluation of the RAPs for sub-projects, if applicable.

Land Land refers to all types of agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be acquired by the project.

Land Acquisition Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project.

Project Affected Project affected persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other Persons (PAPs) or assets loss as a result of EASP activities. These person(s) are affected because they may lose, be Displaced Persons denied, or be restricted access to economic assets; lose shelter, income sources, or means of (DPs) livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location ; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.

Project Impacts Impacts on the people living and working in the affected areas of the project, including the surrounding and host communities are assessed as part of the overall evaluation of the project.

Project Some projects make use of project implementing units (PIUs), which are generally separate units Implementing Unit within the project recipient’s agency. The PIU is often composed of full time staff devoted to

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(PIU) implementing the project, and have been encouraged to have separate teams with environment and social specialists who can carry out the activities, for example, as outlined in the RPF or RAP.

Rehabilitation Rehabilitation assistance is the provision of development assistance in addition to compensation Assistance such as livelihood support, credit facilities, training, or job opportunities, needed to assist PAPs or DPs restore their livelihoods.

Replacement Cost Replacement cost refers to the amount sufficient to cover full recovery of lost assets and related transaction costs.

Resettlement The RAP is a resettlement instrument (document) to be prepared when sub-project locations are Action Plan (RAP) identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the implementing agency and contain specific and legal binding requirements to resettle and compensate the affected people before project implementation.

Resettlement Resettlement assistance refers to activities that are usually provided during, and immediately after, Assistance relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households.

Resettlement The RPF is an instrument to be used throughout the project’s implementation. The RPF sets out the Policy Framework objectives and principles, organizational arrangements, and funding mechanisms for any (RPF) resettlement, that may be necessary during implementation. The RPF guides the preparation of Resettlement Action Plans (RAPs), as needed, for sub-projects.

Rights and Rights and entitlements are defined for PAPs and DPs (with the cut-off date) and cover those losing Entitlements businesses, jobs, and income. These include options for land-for-land or cash compensation. Options regarding community and individual resettlement, and provisions and entitlements to be provided for each affected community or household will be determined and explained, usually in an entitlement matrix.

Witness NGO or Some RPFs refer to a witness NGO or an independent monitor that can be contracted to observe Independent the compensation process and provide an independent assessment of the quality of the process. Monitor These are usually NGOs or other agencies that are not directly involved in the project and have a reputation for independence and integrity.

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ANNEX 5: Relevant Laws

Property Rights and Land Rights Law / Regulation There are four land tenure systems in Uganda, as recognized by Ugandan law. Mailo, Freehold, Customary, and Leasehold. Land Act 1998 The Constitution (1995) restored all private tenure regimes, divested the state and the Uganda Land Commission of radical title to all Constitution 1995, Article 237 land and vested this directly in the citizens of Uganda. All land is vested in the citizens of Uganda. Land Act 1998 Customary tenure: Land Act 1998  Is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies, in other words, “customary regime” is not governed by written law.  Is owned in perpetuity  Customary occupants are occupants of former public land, and occupy the land by virtue of their customary rights; they have propriety interest in the land and are entitled to certificates of customary ownership  Certificates for customary ownership may be acquired, through application to the Parish Land Committee and eventual issuance by the District Land Board Freehold tenure: Land Act 1998  Derives its legality from the Constitution and its incidents from the written law  Involves the holding of land in perpetuity or of a period less than perpetuity fixed by a condition  Enables the holder to exercise, subject to the law, full powers of ownership. Mailo tenure: Land Act 1998  Has roots in the allotment of land pursuant to the 1900 Uganda Agreement  Derives its legality from the Constitutions and its incidents from the written law  Involves the holding of land in perpetuity  Permits the separation of ownership of land from the ownership of developments on land made by a lawful or bona fide occupant  Enables the holder to exercise all the powers of ownership, subject to the rights of those person occupying the land at the time of the creation of the mailo title and their successors. Leasehold tenure: Land Act 1998  Is created either by contract or by operation of the law  Is a form under which the landlord or lessor grants the tenant or leasee exclusive possession of the land, usually for a period defined and in return for a rent.  The tenant has security of tenure and a proprietary interest in the land “Licence” or “Share Cropper” Land Act 1998  Although only these later forms of tenure are legally defined under the Land Act, the context of common law also

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recognizes the statute of “licensee” or “sharecroppers”, these terms having similar meanings in practice. Licensees are persons granted authority to use land within for agricultural production. Traditionally, such production would be limited to annual crops. Licensees have no legal security of tenure of any propriety right in the land. Their tenure is purely contractual. Every person in Uganda has the right to own property. Constitution (1995) Article 26 Land Acquisition Law / Regulation The government and local authorities have statutory power to compulsorily acquire land. Constitution: Article 26(2) and Article 237(2) Land Act (1998) The minister responsible for land may authorize any person to enter upon land and survey the land dig or bore the subsoil or any Land Acquisition Act (1965) other thing necessary for ascertaining whether the land is suitable for a public purpose. Fixing the value for land in Uganda depends on whether it is public (Government owned) or privately owned according to land tenure Land Act of 1998 as amended in 2004 types indicated in the section of land acquisition. If it is public land, the Chief Government Valuer’s office fixes the rates of compensation. However, if it is owned privately, the developer will negotiate with the owner and agree on the amount to pay for the land to be acquired. Value for customary land is open market value, buildings on land is taken to be on replacement costs in rural areas, 15% and 30% Land Act of 1998 as amended in 2004 (of total sum assessed) disturbance allowance is to be paid if less than six months or six months notice respectively is given up to vacant possession. It is the responsibility of the developer to engage a professional Valuer to carry out an assessment of all structures and assets in the None cited affected area. However, rates for structures/buildings in urban areas are fixed by the Chief Government Valuer’s Office 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 Roads Act (1964) any road, and declared to be a road reserve. No person shall erect any building or plant, trees or permanent crops within a road reserve. Roads Act (1964) The road authorities are permitted to dig and take materials from the road reserve for the construction and maintenance of roads. Roads 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, Town and Country Planning Act 1964 against compensation, for public purposes within an approved planning area. Each District Land Board adopts its own compensation rates. As a result, variation exists among the different districts. The rates None cited are reviewed each year. Article 26(2) of the Constitution provides that: “No person shall be compulsorily deprived of property or any interests in or any right Constitution (1995), Article 26(2) over property of any description except where the following conditions are satisfied.  The taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health and  The compulsory taking of possession or acquisition of property is made under a law which makes provision for:  Prompt payment of fair and adequate compensation, prior to the taking or acquisition of the property, and  A right of access to a court of law by any person who has an interest or right over the property. “Where the assessment officer takes possession of land, the land shall immediately by the operation of this act be vested in the land Land Acquisition Act 7(2)

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commission free from all encumbrances” “the Uganda Land Commission shall hold and manage any land in Uganda which is vested in or acquired byLand the Actgovernment (2004) Section in 49 as amended specifically under accordance with the constitution and perform such other functions as may be prescribed by or under this Act or any other subsections (a) and (d) enactment.” The Government or Local Government may acquire land in public interest. Article 237(1) Compensation Law / Regulation Prompt payment of fair and adequate compensation prior to the taking possession or acquisition of the property. Constitution 1995 Prompt payment of fair and adequate compensation to all interested parties on the land. Electricity Act (1999), Part VIII Compensation for affected people should be determined according to the Land Act (1998) and the Land Acquisition Act (1965). Electricity Act (1999) Section 71 Electricity Regulatory Authority has the power to handle claims for compensation for land acquired. Electricity Act (1999) The Government is supposed to pay compensation (cash) to any person who suffers damage as a result of any action. Any dispute Land Acquisition Act (1965) as to the compensation payable is to b referred by the Attorney General to court for decision. The basis for compensation is depreciated replacement costs for rural properties and market values for urban properties. Land Act (1998) Section 78 Each District Land Board adopts its own compensation rates. As a result, variation exists among the different districts. The rates None cited are reviewed each year. Dispute Resolution and Grievance Mechanisms Law / Regulation Land Tribunals must be established at all local governments and all land disputes must first be processed through them before any Land Act (1998), Article 75 resort can be made to ordinary courts. Traditional authority mediators retain their jurisdiction over land disputes. Land Act (1998), Article 89

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ANNEX 6: Record of stakeholder consultation

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