ANNEX 1 RESETTLEMENT ACTION PLAN SUMMARY

Project Title: Multinational -Kenya (-Suam-Endebess-Kitale – Eldoret) : Kapchorwa – Suam Section Project Number: P-Z1-DBOO-107 Country: Uganda Department: OITC Division: OITC.2 Project Category: 1

1. Description of the Project

The project is 73Km which starts from Kapchorwa town in and ending at Suam Bridge, which forms the boundary of Kenya and Uganda in District. The project road traverses the three districts of Kapchorwa, Kween, and Bukwo. However, in Kapchorwa district, the road project directly affects only one Sub-county (Kaptanya Sub-county) in Kapchorwa district. According to the MoWT Geometric Design manual the project road is classified as Class A, the highest functional class, because it connects the North-Eastern Uganda with North-Western Kenya.

Kapchorwa-Suam road is earmarked for development to contribute to Uganda’s medium to long term transport sector policy that aims at promoting efficient and effective transport services as a means of providing effective support to increased agricultural and industrial production, trade, social and administrative services; enhancing national and regional integration; and social transformation. The construction of Kapchorwa-Suam project will stimulate economic production and productivity (agriculture, industry, tourism, marketing, and small enterprise development), improve the delivery and quality of social services (education, health, public administration, banking, ICT, local administration); contribute to national and regional integration and security through improved road connectivity and operations across the East African Community; and social transformations, including gender roles and practices.

2. Potential Impact of Kapchorwa-Suam Road

The Kapchorwa-Suam road is a linear project and hence source of impacts are as a result of creating or re-assessing the road reserve. It is not anticipated that the project would result in large scale land acquisition since it will occupy a narrow strip of 30 metres mainly along property frontages following land surveys and valuation carried put in July 2015. It is estimated that a total of 2,564 will lose land with structures thereon and of these only 34 are built with permanent materials and the rest is either semi-permanent or temporary. Overall, the table below summarizes the level of impacts and magnitude. The project will have an impact on settlement, assets or access to assets (land, structure, forest), disruption of access to income/sources of livelihoods and social services.

Type of Resettlement Impact

Type of Impact Amount Of Buildings affected Asset Ownership categories Required additional space beyond the existing 566,195.37 road limits Sqm Total number of affected people, having and 2,564 structures Number of people having vacant land 23 (0.5%) Number of people with land with structures 2,564 (52%) Number of people with structures and crops 2,393 (48%) Asset Ownership by Gender Men ownership of asset 2493 (96%) Women ownership 113 (4%) Public Utilities that are close to the road Schools 23 9 Health facilities 4 3 Places of worship 8 1 Police Post 2 1 Uganda Prison 1 2 Conservation area including national park (UWA) 5 Roadside open markets 4 3 Uganda Revenue Authority Post 1 Water Pipe crossing (mentioning) Several trading center (not directly affected) Co-operative society Post 5 2 Uganda Prison/Police 2 Uganda Revenue Authority 1 Veterinary Department 1

 Most of the land that will be affected is under use, with only 0.5% of land being vacant  Results from classification of name gender as they appear in the valuation report suggest that 96% (2493) of the affected land is owned by men and only 4% (113) be women.  In terms of economic displacement, the road will affect mainly land-based (subsistence farming), and small number of enterprise-based and wage-based livelihoods. The enterprise-based livelihoods are in the form of small shops (that also double as residential houses), open markets.  The socially and economically disadvantaged groups that are likely to be affected by road and may have difficult in accessing and/or benefiting from the project were mainly widows and the elderly.  The road will have partial impact of 57 facilities and institutions and these are: schools, places of worships, health facilities, places of worship, road side open markets, (micro) co-operative societies, Police Posts and Uganda Prison, Uganda Revenue Authority, and veterinary department. However, the impact of the road project on institutional assets will be partial because the road will take a small piece of land and/or destroy a few buildings that are within the designated right of way.  In particular, the road will affect 5 conservation areas part of those is Mt. Elgon forest reserve, planted as part of environmental conservation and tourism project in Mt Elgon National Park.

3. Organizational and Institutional Responsibilities

There are five institutions that are instrumental in the implementation of compensation and these are the Ministry of Lands, Housing and Urban Development (responsible for Compensation); Lead Agencies/Ministries and in this case the Uganda National Road Authority; the Local Government; Civil Society Organizations, and the donor agency (the ADB)

Ministry of Works and Transport

1. The road sector in Uganda falls under the Ministry of Works and Transport. The Ministry of Works and Transport is the Government of Uganda’s Ministry has the mandate to plan, develop and maintain an economic, efficient and effective transport infrastructure and transport services by road, rail, water, and air. 2. Uganda National Roads Authority’s (UNRA) represents the Ministry of Works and Transport. Based on its mandate, UNRA has the mandate to collaborate with the donor to manage the project implementation, oversees the implementation of road safety issues, environmental protection and/or adoption of mitigation measures, and coordinate the RAP planning, implementation, and monitoring the RAP activities (consultations, grievance redress, compensation, land acquisition, and implementation of complementary initiatives). 3. Ministry of Lands, Housing and Urban Development –This houses the Land Administration Division, with two divisions that that are instrumental in valuation and land administration acquired by the road project. Heading the Land Valuation Division is the Chief Government Valuer that is responsible for timely and reliable real property valuations, as well as validating and approving the valuation reports produced by the RAP consultant hired by UNRA. The Land Administration Division responsible for issuance of title deeds for the road reserve. 4. At the local level, the District Land Boards (DLB) are statutory bodies that manage most land in rural areas and facilitate the registration and transfer of land ownership, compile/ maintain/review a list of rates of compensation for non-permanent assets, and (crops, non-permanent buildings) 5. Civil Society Organizations- the NGOs operating in this region have been Action Aid, Compassion International, Sebei Diocese, Reproductive Health Education Program, and KASOWA. Their program activities focus on landholding issues, advocacy, and gender issues (Female Genital Mutilation and Gender-based Violence).

Key Institutional to facilitate Compensation and Resettlement Activities Institutions/Organizati ons Participation and Collaboration International Level Donor Agency (ADB) (Co)fund the project Ensures compliance in line with Donor Safeguards National Level Institutions Ministry of Works &  Construction supervision and ensuring compliance with policies and standards of Transport the transport sub-sector UNRA  As project proponent and implementation agency, UNRA is fully responsible for resource mobilization, supervising compensation payment (resettlement), and overseeing grievance management.  Co-coordinating all agencies involved in resettlement activities  Liaising with the Ministry of Finance and Economic Planning to get funds for compensation payment  Endorsing compensation  Liaise with the relevant project stakeholders for the smooth implementation of the project  Ensure that social safeguard issues/policies are adhered to Ministry of Lands,  Chief Government Valuer (CGV) is responsible for validating and approving the Housing, and Urban valuation roll. Development  CGV inspects all affected property before granting final approval for compensation of affected assets. National Environmental  Review Social & Environmental impact assessments, ensure compliance, and Management Authority monitoring the mitigation measures (under Ministry of Water and Environment) District Level Institutions District Land Boards for  Mandated by the Land Act Kapchorwa, Bukwo,  The DLB will facilitate the registration and transfer of interest in land Kween  Compile and maintain and supply a list of compensation rates for crops, buildings of non-permanent nature  Annually review the list of compensation rates  Authenticate the land titles  Counter-sign the compensation verification forms Land Committees  Ascertaining ownership and boundaries of affected lands, facilitating the registration of land acquired by individuals  Community mobilization District local  As community representative elected from the community and mandated by the Government Councils for Local Government act, mobilize communities Kapchorwa, Kween,  Facilitate project acceptability Bukwo Districts from LC  Overseeing and/or participate in grievance that might arise I to LC V  Will be in day to day contact with the road project implementation teams  Identify the vulnerable groups Local Government  As a technical wing of the local government, it will oversee and support the administrative structures planning and implementation of the resettlement plan  Community Development Office (CDO) structures at all Local Government levels will support the RAP team in community mobilization Local Councils  Ascertaining and witnessing asset ownership and land boundaries 9during cadastral and valuation surveys)  Community mobilization for land acquisition activities  participation in grievance redress mechanism Project Affected People  Volunteer to surrender land to the project (PAP) along the  Collaborate in the valuation assessment and willingly accept the compensation proposed Road package ( that are fair and adequate), and relocate to new site alignment  Participate in the construction works Project Implementation RAP Consultant  Plan, implement, and evaluate RAP preparation and implementation  Sensitize the communities and making consultations  Coordinate of resettlement process, and stakeholders  Address grievances in a transparent and timely manner Consulting Engineer  Review designs Contractor  Ensure compensation before work Contractor sociologist report injurious affection issues, replacement of public utilities located in the road reserve

4. Community Participation

Community Consultations

A series of consultations have been conducted since the commencement of the RAP preparation, and the major ones are those in October 2009 and July 2010 by Beza consulting Engineers; 2011 by BEZA; in February and July 2015 by Roughton International.

The methods involved:

 Consultations with national level stakeholders, namely; the Chief Government Valuers about the compensation rates  Consultations with the Local Government officials in Kapchorwa, Kween, and Bukwo, using a combination of in-depth interviews and Focus Group Discussions,  Implementation of a social socio-economic survey among 282 project affected people along the road  Consultations with the project affected community, through public meetings, intended to disclose information relating to project activities and making consultations on preferred form(s) of compensation  Holding discussions with others stakeholders Chief Government Valuer's Office, Uganda Wildlife Life Authority (Suam), Uganda Wild Authority (Suam), Uganda Police (Kapchorwa), Health workers (Kween and Kapchorwa Hospital), Commercial Banks (), Civil Society Organizations (Action Aid), and Mt Elgon Labour-based Training Centre)- as part of RAP consultations and drafting complementary Initiates Information shared/disseminated

A typical public sensitization session provided the following information

1. The proposed projects, its components and activities 2. Eligibility, cut-off date and entitlement 3. Valuation and compensation principles, procedures and process, including need to have a Bank Account 4. Disclosure of compensation entitlements 5. Documentation requirements for verifications and compensation 6. Potential compensation barriers and delays 7. Sensitization on productive investment of compensation payment to avoid post- resettlement impoverishment and intra-household misallocation of compensation benefits 8. Guarding against potential fraudsters and impostors 9. Grievance redress mechanisms and procedures 10. Questions and answers session 11. Discussion of complementary initiatives, if necessary.

The full details of responses to community concerns have been summarized in the RAP report for reference. The key recommendation for the next phase is that consultation and participation should be on-going process

5. Integration with host communities and selection of Alternative Sites

Based on stakeholder consultations and the past valuation report, land acquisition for Kapchorwa-Suam project will not result in mass displacement of people that necessitates selection of resettlement sites, planning, influx management, monitoring and evaluation. This project will not result in massive resettlement mainly because of two reasons.

 First, Kapchorwa-Suam as a linear project will not result in large scale land acquisition it will occupy a narrow strip of 30 metres along property frontages.  Kapchorwa-Suam project is not a new road but an existing road that has an established Right of Way (ROW). The remaining landholding in the backyard should be economically viability for restoration activities. In fact, the socio-economic survey results suggest of the 282 affected people, 206 (73%) had another piece of land located elsewhere off the road.  Even when the resettlement of the entire communities or concentrated groups of People was desired and/or necessary, there is no large block of landholding that is available due to overpopulation and confined settlement typical of mountainous areas.

6. Socio-economic Studies

The objective of the socio-economic sample survey was intended to generate socio-economic characteristics of the project affected people, the potential impact of the project socio-economic activities and preferred form of compensation/resettlement.

In terms of methodology, the property and valuation report generated January 2011 had previously enumerated 2688 affected persons along Kapchorwa-Suam. Of the 2688 PAPs, the socio-economic survey sampled 282 (or 11%) project affected people who were interviewed using a structured questionnaire (attached), to generate the statistical data presented in this RAP report. Of the 282 only 10 were female property owners. The table below summarizes the key findings.

Variable Key Findings Implication for RAP implementation Ethnic composition Majority (81% 231) of the PAPs are Sabiny, Through interpreters, during public meetings, and a small proportion of PAPs is Kalenjin Kuksapiny language should be the major (15% 43), less than 1% percent is Bakusus, medium of oral communication Gisu, Itesot and others. Marital Status Almost all (93% 230) of the PAPs are married The road project will affect mainly married people (both monogamous and polygamous people and the RAP project should protect combined), family members from post-compensation impoverishment Level of education Majority (82%) of PAPs attained equal or In disclosure of project information, simplify less than ordinary level of education, and technical issues, implement continuous and 18% have a university degree repeated sensitization, emphasize oral communication Permanence of Majority (93% 250) of PAPs indicated that PAPs will be readily available in and around their residence they have always lived in the current place homes, but also effect timely compensation of residence. because the affected do not have alternative homes Sources of income and The main income earning activity is Project will affect mainly land-based sources of monthly household subsistence farming, followed by self- livelihood. income employment (informal sector activity), As part of livelihood restoration, plan general The household monthly average income is targeted assistance to assist the most vulnerable UGSh. 508,581, equivalent to USD 179 individuals or to boost production levels and marketing Ownership of ICT The largest proportion has access to mobile Adopt appropriate information dissemination phone (71% 200) and radio (63% 178). Less methods to suit that limited access to ICT than 10% have access to TV, internet, newspaper, and fixed landline telephone Access to land and Almost all (98% 271) the PAPs indicated that Project will affect mainly land-based livelihoods gendered control they have access to land, mainly men have control over that land. Land Tenure and The main type of land tenure in this region The project will affect mainly people without evidence of ownership is customary land (84% 238), formal legal rights to land but recognisable customary rights, and would still be eligible for Half (56% 157) of the landowners have compensation customary agreements, a third (30% 85) do not have proper ownership documents, very few (3% 8) have land titles Disruption of access to The calculated average suggests that PAP The road project will not have significant land has access to 9.6 acres of land and some of physical and economic displacement especially that piece(s) of land are located near and in rural settings where majority of homes have around the road and elsewhere. extra pieces of land in the backyard. Project acceptability Almost all (98% 275) the affected people No risks of project rejection that were sampled are readily willing to surrender their property and the associated sources of livelihood Preferred form of Majority (73% 206) would prefer cash Land-to-land resettlement is not the best option compensation compensation for the affected land, and a in land-scarcity settings. During consultations all quarter (26% 73) would like to have land opted for cash compensation replaced elsewhere equivalent to the advantage of the previous land. Having a Bank Account Only 38% (106) of the affected people have Project should encourage PAPs to have bank a Bank account, accounts prior to compensation and banks should be invited during compensation disclosure to facilitate beneficiaries, including vulnerable groups to have Bank Accounts

7. Legal framework, including for conflict resolution and appeal

There are a number of national and local legal frameworks that regulate land relations in Uganda, and the main are:

1. The Constitution of the Republic of Uganda 1995 2. The Land Act, Cap 227(Revised) 3. The Land Acquisition Act (1965) 4. The Access Roads Act, Cap 350 (June 1969) 5. The Roads Act, 1949) 6. The Traffic and Road Safety Act (1998) 7. The Local Government’s Act 1997

The main pieces of legislation regarding compensation and resettlement issues are the Constitution of Uganda (1995) and the Land Act (1988), the Land Act Cap 227 (revised) 1998, and the Land Acquisition Act (1965). The key message is that no deprivation should take place before prompt and adequate compensation.

Comparison between Uganda and AfDB Legal Framework

There are some differences between the policies of the development partners in Uganda especially the AfDB compared to the Uganda Laws on Resettlement and Compensation. The details are presented in the matrix/table 8.1 of the RAP report.

1) Impact: The MoWT does not have a policy on resettlement planning and to avoid, minimize, or mitigate the impacts of the project. Instead, in the past Uganda has relied on the provisions of the Roads Act (1949 Section 2) to protect a road reserve of 15m either side from the centerline. The mitigation measure is that the planned road will follow the existing road reserve to avoid or minimize adverse project impact. 2) Qualification for Entitlement: The AfDB recognizes entitlement to compensation by those who have legal rights to land or other assets, those who may not have legal rights to land or other assets but can prove their claim under customary laws of the country, those who do not have recognizable legal rights or claim to the land they are occupying in the project area if they themselves or witness can demonstrate that they occupied land for at least six months prior to cut off date. The Uganda Laws are silent about the economically displaced who do not have legal, customary, or locally recognizable land right (for instance, economic squatters). Compensation is restricted to those tenants who can seek consent for transaction from registered land owners. 3) Consultations: While the Land Acquisition Act stresses the need for prior written consent in the event of land acquisition, the regulations do not require or prescribe negotiation of compensation packages, resettlement, and resettlement assistance; or consultation throughout the project cycle; or how host communities shall be engaged during resettlement activities 4) Grievance: Uganda laws recognize the need for a mechanism to voice their grievances, mainly land related grievances in courts of law and customary authorities. However the laws do not explicitly require that development project implementers develop additional grievance redress mechanism to handle a wide range of resettlement related grievances, and that are accessible to affected communities and individuals. The Borrower will commit to AfDB ISS that requires establishment of culturally appropriate and accessible grievance procedure. 5) Compensation: AfDB requires that the affected people are supposed to be compensated for all their losses at full replacement cost before their actual move. The borrower gives preference for land-to-land compensation and/or compensation-in-kind cash-in-kind based. On the other hand, in Uganda, the Land Act does not require that persons with land-based livelihoods are offered land-based compensation, instead cash compensation. The Uganda laws differ with AfDB OSs on how compensation rates are computed. The Land Act does not offer the full replacement cost prescribed by the AfDB, instead the depreciated replacement cost for rural structure. To reconcile the two, the borrower is committed to compensating at full replacement cost of structures and land.

8. Grievance Redress mechanism

In compliance to AfDB Policy Requirements and UNRA’s LAMS (and the Land Act CAP. 227 section 56-68) that recommends the setting up of grievance and appeal mechanism, this RAP recommends the Grievance Redress Mechanism (GRM). The objective of the Grievance Redress Mechanism is to have a culturally appropriate and accessible grievance mechanism that resolves grievances, disputes, and appeals emerging from the planning and implementation of Kapchorwa-Suam road project. The key principles and best practices of grievance redress process are culturally appropriate, simplicity and accessible, fairness, evidence-based, speed and proportionality. In order to achieve those principles, this RAP recommends three types of appropriate grievance mechanism to dispose of grievances in a timely manner.

1. Project Grievance Office (PGO) The PGM will be in charge of receiving, evaluating, investigating, resolving grievances, and providing a resolution feedback. To facilitate access to all segments of the affected communities at a marginal cost, it will be necessary to have two Project Grievance Offices that are strategically located in Bukwo and Kween districts respectively. The two offices will be managed by the grievances assistants, supervised by the overall project grievance officer (who can double as a sociologist), where necessary, assigns grievances to the project staff, monitor grievances, generate responses and handle feedbacks, and dissemination of grievance results to stakeholders.

2. Community-based grievance committees (CGC) The CGC will be an ad hoc committee, operational at the sub-county level, charged with the role of resolving local or site specific grievances that may relate to local property ownership, as well as providing guidance and insights into fairly complex outstanding grievances that are being handled by the project grievance team. The membership composition of the CGC will include; sub-county chief (as a CAO representative), Chairman Local Council III, Local Council I (of grievance origination), Chairman of Land Area Committee, and opinion leader (clergy, or clan leader, or Civil Society representative[s]).

3. District Grievance Committee (DGC) The proposal to have GRM originated at district level. The justification for this third layer grievance structure is to create a forum in which both the project team and district technical staff participate in resolving complex and highly politicized grievances, sharing information on policy implication of outstanding grievances, and reviewing outstanding compensation barriers. The membership will include; project consultant (project sociologist, accountant, and lawyer); Resident District Commissioner (RDC), Local Council Five (LCV), Chief Administrative Officer, Town Clerk, District Land Office/DLB, Physical Planner, Production Officer, District Engineer, and a representative from Civil Society Organization.

Grievance Redress Process: To achieve the key grievance principles, the grievance resolution procedure will entail several interactive processes, sometimes involving a back and forth process. The grievance redress process will entail:

1. Designing and establishing the Grievance Redress Mechanism 2. Receiving grievances 3. Processing and Assigning Grievances 4. Adoption of grievance resolution options 5. Management of resolution outcome 6. Grievance close out appeal management

Grievance Time-frame

Depending on the complexity of the grievance, on average, the grievance resolution time- period should not exceed 49 days, as the table below indicates.

Time-frame for Grievance handling

Activity Working days Receiving and defining the grievances Acknowledging receipt of grievance 5 Screening Grievance to establish eligibility 5 Grievance Investigation, drafting resolution approaches 14 Grievance discussion and resolution (in-house/grievant) 5 Preparation and communicating response 5 Getting reaction/appeals on decision 14 Closing out grievance 1 Total Time 49

Resources: The resources to run the GRM will include; people, budget, system and process

9. Institutional Framework

This project will not result in large scale physical displacement involving communities, except individual physical relocation. When and where involuntary relocation or resettlement is inevitable, three agencies will be responsible for resettlement activities, these are:

1. Ministry of Lands, Housing and Urban Development that will be responsible for Compensation) 2. Lead Agencies/Ministries and in this case the Uganda National Road Authority responsible for policy issues, approval of compensation, and overseeing the payment process 3. For donor-supported projects, the Donor Agency, for instance the AfDB, to ensure compliance with Donor Safeguards. 4. The District Local Government to support the project 5. Private partners in terms Civil Society Organizations and Financial Institutions that can play an advocacy and supportive role. In this case, the project area has few active and strong civil society organizations, mainly Action Aid, and few Commercial Banks – Centenary Bank, Stanbic Bank U Ltd.

The details of the roles of these institutions/agencies are presented in the main RAP report.

At the project level, the RAP implementation unit will comprise the core team responsible for the implementation of the RAP activities on a regular basis and the table below summarizes the key staff:

Rap Team Composition

Staff Number Role Implementation Manager 1 Co-ordination of RAP activities Cadastral Survey 2 Land re-survey, title sub-division Valuer 1 Re-valuation Compensation Accountant 1 Compensation Seeking approvals from the CGV Sociologist 1 Stakeholder engagement and vulnerable groups, monitoring, and report preparation Compensation lawyer 1 Grievance Officer 1 Grievance redress Assistants To assist the senior staff Total 8

10. Eligibility

In the project, eligibility is defined as the criteria for qualification to receive benefits under a resettlement program. According to the AfDB, there are three groups of displaced people who are entitled to compensation or resettlement assistance and these includes:

a) Those who have formal legal rights to land or other assets recognized under the law of the country concerned, b) Those who may not have formal legal rights to land or other assets at the time of census/valuation but can prove that they have a claim that would be categorized under customary law of the country. c) Those who do not have recognizable legal rights or claim to the land they are occupying in the project area and who do not fall into the two categories described above, if they themselves or witness can demonstrate that they occupied the project area for the last six months prior to cut-off date established.

All the three groups will be entitled for compensation or qualify for compensation, and this is consistent with the Uganda law. The Constitution of the Republic of Uganda and the Land Act recognize the rights and interests over the four land tenure namely; customary, freehold, Mailo, and leasehold. The law recognizes customary tenure as a form of land holding and thus places customary tenants in a position of ownership. This means that customary ownership will be entitled to compensation based upon the amount of rights they hold upon land, including the disturbance allowance.

Cut-off date: This will be the date on and beyond which any person whose land is occupied for the project will not be eligible for compensation. This is usually the commencement date of the census of PAPs within the project area boundaries. In the case of this road project, because of the rugged terrain and poor communication, the cut-off date should be considered to be the last day of the census of affected people and properties in each of the three districts. This cut-off dates for the respective districts is 17th July 2015.

Gender sensitive Entitlement and Eligibility: In this customary area, eligibility criteria should not be restricted to ownership of legal titles over land and property, because women are likely to be excluded; they may not have ownership of property and land even though they may be principal users of the resources. As a protective measure, women will assume co-ownership by witnessing the compensation forms as well as being signatories to the Bank Account for depositing the compensation payment

Vulnerable Groups: Besides being eligible for compensation for the loss of assets and livelihoods, they will be given additional/special assistance to rightfully get their compensation, protected from opportunistic relatives, facilitated to open up Bank Accounts, given targeted assistance on demand.

Road Reserve Settlers: These will be considered as squatters and will be compensated, especially given the fact that they settled in the road reserve prior to UNRA's gazetting of the road reserve through establishment of beacons.

Compensation for Community or Collective resources: This is eligibility that will be claimed collectively, for instance, community resource or faith-based facilities. In this case, the trustee (who is usually named on the title) will be entitled for payment. For public utilities, it will be the responsibility of the contractor to restore all public utilities destroyed during the construction process.

Proof of eligibility: Proof of eligibility which will be accepted will include: Land title, written evidence of ownership (certificate of title, land sale agreement, donation/succession/customary agreement), Letters of Administration in case of death of owner, Guardian Order in the case of minor, and witness by local authority.

Livelihood Restoration: Through Complementary Initiatives the project will selectively implement livelihood restoration/improvement projects in the two districts of Kween and Bukwo. In the sites that were selected are: 1) Cheminy in Kaptum Sub-county, 2) Benyin in Benyin Town Council and, 3) Kabeleyo in Moyok Sub-county. In Bukwo districts, the markets sites are; 1) Bukwo Town and, 2) at Nyalit Market. The construction of markets will be associated with a stream of benefits including, restoration of livelihoods for the displaced market vendors, expanded access to employment by the women, youth, former FGM traditional surgeons, and generation of revenue for the local government.

11. Valuation of, and Compensation for losses

The assets that will be compensated include: loss of physical assets (land, buildings), crops, and revenue or income resulting from economic displacement or physical relocation whether these losses are permanent or temporary. All this will be done in consultation with the affected people, and their representatives, in this case the district land board, to enlist the adequacy and acceptability of the compensation. The affected person will have the opportunity to appeal against the compensation value after disclosure of the compensation package, payment

For economic Losses: There are no provisions under Uganda Law. However, after consultations with the Chief Government valuer the following allowances will be awarded for loss of business, on top of the actual compensation and disturbance allowance:

 For Loss of business income, payment will be based on half of turnover for 6 months if records of the business are provided  For loss of rental income lump some cash payment of 3 month rent per tenant will be awarded to as assistance during the transition period  Private and Public and Private Utilities: Current full replacement cost plus the disturbance allowance. The compensation team will prioritize early payment to create enough time for relocation  Loss of UWA Forest : Under the framework of MOU signed between relevant parties, land and tree stand in the road reserve will be assessed, and awarded replacement costs computed based on open market value for the equivalent land, cost for collecting and propagating seedlings, preparing land, planting the seedlings, tending to the trees, and administrative costs.  Replacement for Vulnerable Groups: In order to assist the vulnerable groups in this project, on a case-by-case basis, the valuation exercise will identify the most vulnerable people and at the time of compensation they will be consulted, and if they agree, their structures will be replaced instead of giving cash compensation. The disturbance allowance will be used to cater for the transitional expenses.

Disturbance Allowance: The domestic guideline is that in addition to compensation assessed, the eligible affected person is paid a disturbance allowance of 15%, or if less than 6 months' notice to give up land is given. Therefore, because of urgency to have the project site available to the contractor, a 30% disturbance allowance above the compensation value, is proposed, and additional allowance as prescribed by AfDB.

12. Implementation Schedule

In total the RAP implementation exercise will last for 21 months, with the payment of PAPs ending at the 12th month. The matrix below specifies the outstanding RAP preparation and implementation and the duration.

Activity Schedule

Activity Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Preparation of RAP Approval of Draft Report and Complementary Initiatives Consultations (continuous) Updating of Strip Map and Valuation Report and approval by CGV Completion of Design review/ /establishment of road reserve Approval for funding Setting up Customer Care Centre in 2 districts Setting up Grievance Redress structures and Procedure Brochures Signing MOU with Banks Pre-disclosure sensitization of entitlement Disclosure of compensation payment to PAPS Grievance Redress Process Payment of PAPS Livelihood programme for vulnerable groups (CI) Notification and demolition of structures Internal monitoring of RAP implementation Processing Deed Plans for the project (Continuous) Launch of construction activities Services for additional land take (construction phase) RAP Completion Report Processing Implementation Schedule 13. Costs and Budgets

As a process of preparing updates of the valuation report that was produced in 2011, UNRA engaged a Consultant Valuer (Asiimwe Benson Mukirane of Reitis Limited) who carried out a valuation feasibility study on the Kapchorwa-Suam road was carried out from 12th to 17th July 2015. This valuation feasibility study was intended to have a rapid assessment of changes in property value, property composition, and property ownership, as a basis for determining the next scope and a provisional compensation budget. After adjusting the year old valuation rates (Year 2011) against the current open market prices and compensation rates compiled by district land boards (DLB), the estimated total resettlement budget is Ushs 22,895,355,934 (USD 7,631,787).

Revised Resettlement budget for Kapchorwa-Suam Cost in US Dollars Cost in Uganda Item @ Exchange rate of Shillings 3000/= Land acquisition (513.2 acres) Land in Trading Centers (30% of 513.2 acres) @ 8,467,800,000 2,822,600 Ushs 55 million Farm Land (70% of 513.2 acres) @ Ushs 7 million 2,514,680,000 838,227 Buildings/structures - old value of Ushs 3,900.717,225 increased by 35% to cater for an 5,265,968,253 1,755,323 increase in the number of structures and the district compensation rates Crops - old value of Ushs 78,057,344 increased by 35% to cater for an increase of the district 105,377,414 35,126 compensation rates Sub-Total 16,353,825,667 5,451,276 Disturbance allowance of 30% on assumption that less that 6 months notice to vacate the land will be 4,906,147,700 1,635,383 given Implementation of RAP (10%) 1,635,382,567 545,128

Estimated Total Compensation Budget 22,895,355,934 7,631,787

The compensation costs shall be met by the Government of Uganda as part of project contribution.

14. Monitoring and Evaluation

The objective of monitoring will be to compare RAP implementation activities and resources against the planned objectives or work plan. This will assess the implementation of activities and outputs; whether resettlement is on schedule, if not, the actual causes of delay; identify the strengths and weaknesses in implementation of RAP activities and the correctional measures that should be taken. This RAP proposes a set of key performance indicators (KPI) structured along the lines of inputs/activities, outputs, and outcome that will guide the design of the M&E tools. These KPI are consistent with the traditional RAP implementation activities already presented above.

M&E Indicators Issue Output Indicators Means of verification (and where to find the Reporting Templates) Resources Deployed Human Resource, Finance, physical Inception Report (LAMS-SG2) Stakeholder -Profile of Stakeholders & their perceived interest -RAP Report(LAMS-SG3) engagement or - Stakeholder engagement strategy -Initial Assessment Report(LAMS-SG2) Participation -Stakeholders concerns Quarterly Progress Report (LAMS-SG2 Consultation and -No. of consultative meetings held - RAP Report(LAMS-SG3) dissemination -Content of key messages disseminated -Initial Assessment Report(LAMS-SG2) -Stakeholder (PAPs) concerns and fears, and strategies and -Internal Quarterly Progress Report measure to address the concerns Establish road reserve -Road reserve identified by the technical team -RAP Report(LAMS-SG3) -Initial Assessment Report(LAMS-SG2) -Quarterly Progress Report (LAMS-SG2) Notices for planned -No. of people issued with notices to acquire land in gazette -Initial Assessment Report(LAMS-SG2) land acquisition area Establishment of -Grievance redress system and mechanisms established -RAP Report (LAMS-SG3) Grievance redress -Nature of grievances lodged -Grievance Reports mechanism - Number of grievances assigned -Quarterly Progress Report (LAMS-SG3) -% of grievances resolved within a specified period - % of grievances pending resolution and reasons Cadastral Surveys - Details of property owner -RAP Report(LAMS-SG3) implemented -Inventory of physical assets identified -Strip Maps -Strip map produced and displayed -Quarterly Progress Report (LAMS-SG2 -Type of land tenure identified -Number of titles subdivided (land acquisition stage) Socio-economic -Socio-demographic and economic condition identified -RAP Report (LAMS-SG3) surveys -Socio-economic impact & mitigation -SIA Report -% PAPs who prefer cash or in-kind compensation - Quarterly Progress Report -% PAPs expressing a given compensation barrier -Consultation and participation strategies

Valuation of Assets -Eligibility cut-off date announced through public media -RAP Report(LAMS-SG3) -No of PAPs valued -Valuation Report(LAMS-SG2) -Type and number of asset affected -Initial Assessment Report(LAMS-SG2) -Total compensation value (including disturbance -Quarterly Progress Report (LAMS-SG2 allowance) awarded --RAP implementation costs -Land acquisition snag list formulated Compensation -% compensation claims approved by the CGV over valued -Quarterly Progress Report (LAMS-SG2 Verification -% of compensation claims verified over valued -% of compensation claims verified over approved by CGV -% of claims appealed against award over valued Compensation -% of compensation claims paid over valued -Quarterly Progress Report (LAMS-SG2 -% compensation claims paid over approved by CGV -Notice of Appeals (LAMS-SG2) -% of compensation claims paid over verified (Total net payable claims) -Nature of compensation barriers identified Relocation or quitting -% of PAPS who have given up land in 6 months over paid -Quarterly Progress Report (LAMS-SG2) land -No. of vulnerable groups assisted to relocate -Occupational Health and safety -Relocation barriers Guidelines (LAMS-SG3 -EIA Plan (LAMS-SG3 Resettlement and Not application -Quarterly Progress Report (LAMS-SG2 rehabilitation assistance Expropriation of land -% of paid titles and land is expropriated -Land Expropriation Report (LAMS-SG2 for road reserve -Accountability Reports (LAMS-SG2 Results -Quality of living standards among PAPs who stayed on -Internal and External Evaluation Report residual land -Audit Report -External influencing factors

Frequency of Reporting

As a requirement, Progress Reports have to be submitted on a quarterly basis to UNRA, and the Accountability Report is supposed to be submitted after the completion of the compensation exercise and sub-division of land titles, Responsibility of Monitoring

It will be the primary responsibility of the RAP consultant, UNRA, District Authorities and NGOs (for RAP planning and implementation) to monitor the RAP activities using the key performance measures and indicators that are proposed here-below.

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