Multinational Uganda-Kenya (Kapchorwa-Suam-Endebess-Kitale – Eldoret)
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ANNEX 1 RESETTLEMENT ACTION PLAN SUMMARY Project Title: Multinational Uganda-Kenya (Kapchorwa-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 Kapchorwa District and ending at Suam Bridge, which forms the boundary of Kenya and Uganda in Bukwo 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