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DECEMBER 2013 Public Disclosure Authorized REPUBLIC OF UGANDA UGANDA NATIONAL ROADS AUTHORITY NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT Public Disclosure Authorized (NECRAMP): TORORO-MBALE- SOROTI-LIRA-KAMDINI ROAD RESETTLEMENT POLICY FRAMEWORK Public Disclosure Authorized Public Disclosure Authorized ADDRESS COWI Ltd Crusader House, 2nd Floor, Plot No. 3, Portal Avenue P.O.Box 10591 Kampala Uganda TEL +256 41 434 30 45 FAX +256 41 434 32 43 WWW cowi.co.ug DECEMBER 2013 UGANDA NATIONAL ROADS AUTHORITY NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP): TORORO-MBALE- SOROTI-LIRA-KAMDINI ROAD RESETTLEMENT POLICY FRAMEWORK PROJECT NO. A013693 DOCUMENT NO. 10129-3/RPF VERSION 06 DATE OF ISSUE 18 December 2013 PREPARED BJOO CHECKED DRS APPROVED KFJ NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) v CONTENTS Executive Summary 1 Introduction 1 Key Issues arising from the Stakeholder Consultation 2 1 Introduction 16 1.1 North Eastern Corridor Road Asset Management Project (NECRAMP) 16 2 Approach and Methodology used in Developing the RPF 21 2.1 Introduction 21 2.2 The Consultation Process 21 2.3 Key Issues arising from the Stakeholder Consultation 22 3 Objectives of the RPF 24 3.1 Overview 24 3.2 Objectives 24 4 Project Rationale and Description 26 4.1 Introduction 26 4.2 Baseline Socio-economic Description of Project Area 28 4.3 Probable Negative Social Impacts arising from Road Corridor Works 33 4.4 Description of Project activities where the RPF will be applied 34 4.5 Minimisation of Resettlement Effects 35 5 Legal and Institutional Framework 36 5.1 Overview 36 5.2 Property and Land Rights in Uganda 36 5.3 National Policy/Legislation Framework 37 NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) vi 5.4 On-going Reforms in Property and Land Rights in Uganda 45 5.5 Acquisition and Valuation of Land and Other Assets 45 5.6 Dispute Resolution and Grievance Mechanisms 46 5.7 International Conventions 46 5.8 World Bank Safeguard Policies that are likely to be triggered 48 5.9 Ugandan Law in Comparison to World Bank OP4.12 49 5.10 Institutional Framework 54 5.11 The UNRA Safeguards Unit 55 5.12 Capacity of the UNRA Safeguards Unit 57 5.13 Involvement of other Key Stakeholders in enhancing UNRA’s Monitoring Capacity 59 6 Compensation for Land and Other Assets 60 6.1 Introduction 60 6.2 RAP Preparation 62 7 Implementation Schedule and Costs 74 8 Public Consultation and Disclosure Plan 76 8.1 Data Collection Phase 76 8.2 Implementation Phase 76 8.3 Monitoring and Evaluation Phase 77 9 Monitoring and Evaluation of Impacts 79 NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) vii APPENDICES Annex 1: Outcome of Consultation Meetings Held along the Road Corridor 85 Annex 2: List of Persons Consulted 95 Annex 3: World Bank Resettlement Policy Framework (RPF) 100 Annex 4: Annotated Outline for preparing a Resettlement Action Plan 102 Annex 5: Sample Grievance and Resolution form 107 Annex 6: Sample Table of contents for Consultation Reports 108 Annex 7: Glossary of Terms 110 Annex 8: Relevant Laws 113 NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) viii List of Tables Table 1-1: Lengths of Road Sections of Tororo-Mbale-Soroti-Lira-Kamdini Road (340 km) 16 Table 1-2: Sections completed with SBST on Tororo-Mbale–Soroti by middle of November 2013 18 Table 2-1: Consultation dates with description of stakeholders 22 Table 4-1: Population of Districts through which the Road Corridor passes 28 Table 4-2: Major Rural Growth Centres and Towns along the corridor (Lots 1-3) 32 Table 4-3: Indigenous people found within the Districts through which the Road Corridor passes 32 Table 5-1: Comparison of Ugandan and World Bank Policies on Resettlement and Compensation 50 Table 7-1: UNRA Safeguards Unit Capacity Issues and Recommendations for Re address 58 Table 7-2: UNRA Safeguards Unit proposed Capacity Interventions and Budget Estimate 59 Table 8-1: Indicative Outline of RAP Budget Error! Bookmark not defined. Table 10-1: Type and contents of reports within specific periods of the RAP Development and Implementation Phases 80 Table 10-2: Indicators RAP Impacts 84 List of Figures Figure 1-1: Location of the project 18 Figure 4-1: Human activity at the margins of the road reserve 29 Figure 4-2: Farming as the dominant land use activity along the corridor 29 Figure 5-1: Institutional Framework for the North Eastern Road Asset Management Project (NECRAMP) 56 Figure 5-2: Current Structure of the UNRA Safeguards Unit 57 List of Acronyms HIV/AIDS Human Immune Deficiency Syndrome/Acquired Immune Deficiency Syndrome IMC Independent Monitoring Consultant NECRAMP North Eastern Corridor Road Asset Management Project OP/BP Operational Policy/Bank Procedures PAPs Persons Affected by the Projects PCDP Public Consultation and Disclosure Procedures RAMC Road Asset Management Contract RAP Resettlement Action Plan RPF Resettlement Policy Framework UNRA Uganda National Roads Authority WB World Bank NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) 1 Executive Summary Introduction The Government of Uganda has specifically decided to pilot long-term Asset Management Contracts as a method of road management on the strategic corridor of Tororo - Mbale - Soroti – Dokolo - Lira - Kamdini linking South Sudan, parts of the Democratic Republic of Congo, northern and eastern Uganda with the port of Mombasa. The North Eastern Corridor Road Asset Management project (NECRAMP) – as this project is called, is an international trunk road and comprises the entire 340 km long A007 highway from Tororo via Mbale, Soroti, Dokolo and Lira to Kamdini. This corridor requires substantial improvement to meet the current and forecast traffic demand. A typical contract would include: a) required works to bring the selected road corridor to the predetermined level of service, which may include rehabilitation and upgrading works; b) the obligation to maintain the road corridor at the prescribed level of service, (iii) the obligation to carry out necessary additional periodic maintenance works (such as pavement overlay) during the life of the project; and (iv) to hand over the roads to the Government at a predetermined quality and level of service. This will be done under a “Design Build Operate Maintain and Transfer” (DBOMT). The duration of such contracts will be 10 years. The planned asset management contract for the 340 km long Tororo – Mbale – Soroti – Dokolo – Lira – Kamdini Road (A007) will comprise the following works: 1. Management Services 2. Routine and Recurrent Maintenance Works › Structure maintenance › Traffic safety maintenance › Minor rehabilitation works 1. Periodic Maintenance Works: Strengthening by approx. 35 – 95 mm asphalt concrete (AC) overlay of the various sections of the project road. NORTH EASTERN CORRIDOR ROAD ASSET MANAGEMENT PROJECT (NECRAMP) – TORORO-MBALE-SOROTI-KAMUDINI-LIRA (340KM) 2 2. Rehabilitation & Improvement Works: Possible Rehabilitation Works on Lot 1, such as improvement of cross drainage, depending on the actual works currently being implemented by the contractor (Dott Services). 3. Emergency Works The NECRAMP is different from the normal road construction projects as the Contractor will spear head its implementation processes including the preparation and implementation of the RAP (s). As a result, sufficient safeguards which include this Resettlement Policy Framework have been put in place as part of the mitigation process. The RPF is a guiding document for use by the contractor in preparing Resettlement Action Plans for individual sub-projects once their location and scope are known. The Contractor will prepare the action plans but an independent review and disclosure process will be conducted to assess the validity of the Resettlement action plans. Approach and Methodology used in Developing the RPF This RPF is basically the outcome of observations made along the Tororo, Mbale, Soroti, Lira - Kamdini Road as well as consultations made with key selected stakeholders. A transect drive was conducted to observe land use and property for households along the corridor. Some interviews were also conducted and literature review done particularly relating to the World Bank safeguards together with relevant policy and legal framework applicable within the Uganda context. Other methods used include Desk-based research; Site Visits throughout the Study Area to assess the current probable impacts. The primary method of consultation was through Key Informant Interviews conducted through unstructured questions The stakeholders consulted include road side traders UNRA Safeguards Team and District Officials. The stakeholders and community members were first informed and then given opportunity to raise their concerns regarding the NECRAMP and regarding probable environment and land requirements. Key Issues arising from the Stakeholder Consultation Several issues arose from the Stakeholder Consultation Process. A summary of main issues raised are highlighted below: 1. The needs for adequate and timely compensation for livelihoods and properties affected. 2. Safety of communities must be addressed especially at growth centres, road sections in proximity with schools, markets and health facilities found adjacent to the road corridor. 3. Borrow pits must be acquired at fair