LaropiBridgeResettlementActionPlan
OVERVIEW
RESETTLEMENT ACTION PLAN FOR LAROPI BRIDGE
FINAL JUNE 2021 Plot 3-5 New Port Bell Road, UAP Nakawa Business Park, P.O. Box 28487 Kampala Phone: +256 414 318 111, +256 312 233 100, +256 414 318 000
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RAP TEAM COMPOSITION
No Name Designation
1. Edward Jjuuko RAP Team Leader
2. Stephen Obore Social Development Specialist
3. Juliet Ninsiima Senior Sociologist
4. Brenda Okello Sociologist
5. Solomon Arinaitwe Senior Valuer
6. Joyce Kwagala Valuer
7. Paul Bwewussa Surveyor
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ACRONYMS AND ABBREVIATIONS
AfDB: African Development Bank AIDS: Acquired immunodeficiency syndrome CBO: Community Based Organization. CGV: Chief Government Valuer CSO: Civil Society Organization DEC: District Executive Committee Safeguards DESS: Department of Environmental and Social DLB: District Land Board DLC: District Land Committee DLT: District Land Tribunal EDP: Economically Displaced Persons ESMP: Environment and Social Management Plan ESMS: Environmental and Social Management System EU: European Union FGD: Focus Group Discussion GBV: Gender Based Violence GMC: Grievance Management committee GRM: Grievance Redress Mechanism GROW: Green Right of Way HH: Household HIV: Human Immunodeficiency Virus IFC: International Finance Cooperation IR: Involuntary Resettlement IsDB: Islamic Development Bank ISS: Integrated Safeguards System JICA: Japan International Cooperation JRJ: Job Record Jacket
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LAMS: Land Acquisition Management System LC1: Local Council 1 MGLSD: Ministry of Gender labour and Social Development. MP: Member of Parliament NEMA: National Environmental Management Authority NFA: National Forestry Authority NGO: Non-Governmental Organization OS: Operational Standard PAA: Project Affected Area PAH: Project Affected Household PCR: Physical Cultural Resources PDP: Project Displaced Persons PIP: Project Impacted Persons PLC: Parish Land Committee PWD: Persons with Disabilities RAP: Resettlement Action Plan RDC: Resident District Commissioner RoW: Right of Way SACCO: Savings and Credit Cooperative Organization SEP: Stakeholder Engagement Plan SRAP: Social and Resettlement Action Plan TPC: Technical Planning Committee ULC: Uganda land Commission AfDB: African Development Bank WB: World Bank
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KEY DEFINITIONS Note: Several of the definitions below are sourced from the IFC’s “Handbook for Preparing a Resettlement Action Plan”, 2001, with or without modifications as relevant to this Project. Project: A proposal to develop the 1.5 Km approach roads either side of the Bridge across the Nile that connects Adjumani to Moyo Districts. Project-Affected Area: An area which is subject to a change in use as a result of the construction or operation of the Project. Project-Affected Person (PAP): those who stand to lose, as a result of the project, all or part of their physical and non-physical assets, such as homes, communities, productive lands, resources such as forests, range lands, fishing areas, important cultural sites, commercial properties, tenancy, income earning opportunities, and social and cultural networks and activities. PAP may include: 1. Physically Displaced People, i.e., people subject to Physical Displacement as defined hereunder, 2. Economically Displaced People, i.e., people subject to Economic Displacement as defined hereunder. Physical Displacement: Loss of shelter and assets resulting from the acquisition of land associated with the Project that requires the affected person(s) to move to another location. Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the Project or its associated facilities. Not all economically displaced people need to relocate due to the Project. Project-Affected Household (PAH): A PAH is a household that includes one or several Project- Affected Persons as defined above. A PAH will usually include a head of household, his/her spouse and their children, but may also include other dependents living in the same dwelling or set of dwellings, like close relatives (e.g., parents, grandchildren). Compensation: Money or payment in kind to which the people affected by the project are entitled, as decreed by government regulations or laws in order to replace the lost asset, resource or income. Resettlement Assistance: Support provided to people who are physically displaced by the Project. Assistance may include transportation, and social or other services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and cover the expenses of a transition to a new location, such as moving expenses and lost work days. Replacement Value: The rate of compensation for lost assets must be calculated at full replacement value, that is, the market value of the assets plus transaction costs (taxes, registration fees, cost of transport associated with registration of new land and land transfer, etc). The replacement value must reflect the cost at the time the item must be replaced. With regard to land and structures, “replacement value” is defined as follows:
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1. Agricultural land: the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes; 2. Land in urban areas: the market value of land of equal size and use, with similar or improved public infrastructure facilities and services, preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; 3. Household and public structures: the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labour and contractors’ fees and any registration and transfer taxes.
In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of the benefits to be derived from the Project deducted from the valuation of an affected asset. Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may suffer dis-proportionally from project related activities. And who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. They may include: female-headed households, child-headed households, elderly, ethnic, religious and linguistic minorities, handicaps, etc. Expropriation: The action of a government taking or modifying property rights of an individual in the exercise of its sovereignty. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore and improve their economic and social base. Host Community: Community residing in or near the area to which affected people are to be relocated. Involuntary Resettlement: Development project results in unavoidable resettlement losses that people affected have no option but to rebuild their lives, incomes, and asset bases elsewhere. Involuntary resettlers are thus people of all ages, outlooks and capabilities, many of whom have no option but to give up their assets. Bank policy designates involuntary resettlers as requiring assistance. Project Area: Areas in and adjacent to the construction areas and other areas to be modified by the project (e.g., impoundment of reservoirs, rights of way for infrastructure projects, irrigation command areas). Relocation: Rebuilding housing, assets, including production land, and public infrastructure in another location. Rehabilitation/restoration: Re-establishment of incomes, livelihoods, living standards, and social systems. Resettlement: The entire process of relocation and rehabilitation caused by project related activities.
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Resettlement Plan: A time-bound action plan with a budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation.
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Table of Contents
ACRONYMS AND ABBREVIATIONS ...... ii
KEY DEFINITIONS ...... iv
TABLE OF CONTENTS ...... vi
LIST OF TABLES ...... viii
LIST OF FIGURES ......
LIST OF PLATES ......
EXECUTIVE SUMMARY ...... i
CHAPTER 1: INTRODUCTION ...... 1
1.1 Introduction ...... 1
1.2. Project Description ...... 1
1.3 Benefits of the Project ...... 4
1.4 Project Objectives ...... 5
1.5 Objectives and Principles of the Resettlement Action Plan ...... 5
1.6 Principles for preparation of Resettlement Action Plan ...... 5
1.7 RAP Preparation Methodology ...... 6
1.7.1. Literature Review ...... 6
1.7.2. Socio-Economic Survey ...... 7
1.7.3. Valuation Methodology ...... 7
1.7.4. Land Survey Methodology ...... 8
1.8. Structure of this RAP ...... 8
CHAPTER 2: LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORK ...... 1
2.1 Introduction ...... 1
2.2 Legal framework ...... 1
African Development Bank Integrated Safeguards System ...... 1
2.2.1 The Constitution of the Republic of Uganda, 1995 (as amended) ...... 2
2.2.2 The Land Act, CAP 227, 1998 (as amended) ...... 2
2.2.3 Land Acquisition Act, Cap 226, 1965 ...... 4
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2.2.4 The Local Government Act Cap 243, 1997 (as amended) ...... 4
2.2.5 The Road Act Cap 358, 1949 (as amended) ...... 5
2.2.6 Access to Roads Act (2000) Cap 350 ...... 5
2.2.6 The Traffic and Road Safety Regulations 1998 ...... 6
2.2.7 The National Environment Act 1995 ...... 6
2.2.8 The Workers Compensation Act (2000) ...... 7
2.2.9 The Employment Act, 2006 ...... 7
2.2.10 The Children Act, 1997 ...... 7
2.3 Policy Framework ...... 8
2.3.1 Uganda National Land Policy (2011) ...... 8
2.3.2 Road sub–sector policy for PWDs & Elderly Persons (Eps) ...... 8
2.3.3 The Gender Policy, 2007 ...... 9
2.3.4 National Policy on HIV/AIDS at the Place of Work (2000) ...... 9
2.3.5 The UNRA Environment and Social Safeguards Policy (E&S) ...... 10
2.3.6 The UNRA Land Acquisition and Resettlement Management System (LARMS), 2019 ...... 10
2.4 African Development Bank Integrated Safeguards System ...... 11
2.4.1 Operational Safeguard 2 (OS 2) Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation ...... 11
2.4.1.1 Objectives and Principles ...... 11
2.4.1.2 Resettlement Planning ...... 12
2.5 Institutional Framework...... 20
2.5.1. Central Level ...... 20
CHAPTER 3: SOCIO-ECONOMIC BASELINE ...... 22
3.1 Introduction ...... 22
3.2 Socio-Economic Methodology ...... 22
3.3 Socio-economic characteristics of 24 respondents ...... 23
3.4 Education ...... 24
3.4.1. Ability of households to read and write in any language ...... 24
3.4.2 Attendance of formal education for household members ...... 25 i | P a g e
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3.4.3 Highest grade completed by household members ...... 25
3.4.4 Grade currently attended by household members ...... 25
3.4.5 Management of school attended ...... 26
3.4.6 Distance to school ...... 26
3.5 Migration of the household head, ethnicity and religion ...... 27
3.5.1 Place of origin household head ...... 27
3.5.2 Number of years have spent in present location ...... 27
3.5.3 Ethnicity of household head ...... 27
3.6 Livelihoods sources ...... 28
3.6.1 Welfare indicators ...... 29
3.6.2 Household access to regular income ...... 29
3.6.3 Means of transport for the households ...... 29
3.6.4 Means of communication in the project area ...... 30
3.6.5 Possession of animals ...... 30
3.6.6 Household Source of social assistance during difficult times ...... 31
3.7 Household expenditure ...... 31
3.8 Health households ...... 32
3.8.1 Disease prevalence and type of illness ...... 33
3.8.2 Place of first consultation when sick ...... 33
3.9 Land ownership and housing conditions ...... 34
3.9.1 Type of Land ownership ...... 34
3.9.2 Occupancy status of the land ...... 34
3.9.3 Dwelling type ...... 35
3.10 Water and Sanitation ...... 35
3.10.1 Access to water ...... 35
3.10.2 Availability of Toilet facility ...... 36
3.10.3 Hand washing facilities ...... 36
3.10.4 Source of energy for lighting ...... 37
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3.10.5 Source of energy for cooking ...... 37
3.11 Vulnerability assessment ...... 38
3.11.1 Existence of vulnerable groups in households ...... 38
3.11.2 Presence of orphans in the household ...... 39
DETAILED VULNERABILITY ASSESSMENT ...... 40
3.12 HIV/AIDS ...... 43
3.12.1 Knowledge about mode of HIV/AIDS transmission ...... 43
3.12.2 Communication about HIV/AIDS ...... 43
3.12.3 HIV/AIDS prevention ...... 44
3.12.4 Presence of HIV/AIDS key risk populations in the project area ...... 45
3.13 GENDER ANALYSIS...... 46
3.13.1 Introduction to gender issues ...... 46
3.13.2 Gender socio-economic characteristics ...... 47
3.13.3 Gender based Violence ...... 49
3.14 Socio-economic survey of the business premises ...... 50
3.14.1 Type, ownership and impact of the approach roads on the affected business ...... 50
3.14.2 Characteristics of The Affected Businesses in the road corridor ...... 51
3.14.3 Number and Different Types of affected businesses outside the road corridor ...... 54
CHAPTER 4: POTENTIAL IMPACTS OF THE PROJECT ...... 55
4.1. Introduction ...... 55
CHAPTER 5: COMMUNITY PARTICIPATION AND STAKEHOLDER ENGAGEMENT ...... 58
5.0 Introduction ...... 58
5.1 Objectives of consultations and participation ...... 58
5.2 Methods of Consultation and Participation ...... 59
5.2.1 Consultative meetings ...... 59
5.2.2 Key Informant Interviews ...... 59
5.2.3 Focus Group Discussion ...... 59
5.2.4 Structured interviews ...... 59
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5.2.5 Stakeholder Identification and Analysis ...... 59
5.2.6 Engagement Methodology Employed ...... 64
5.3 Key information disseminated to the project affected communities ...... 65
5.4 Stakeholder Engagements Conducted for Laropi Bridge ...... 66
5.5 Community Concerns and Mitigation Measures ...... 68
5.6 Follow up activities ...... 71
CHAPTER 6: COMPENSATION AND RESETTLEMENT STRATEGY ...... 73
6.1. International Best Practices ...... 73
6.2. Key Principles ...... 74
6.3. Lessons Learnt from other UNRA Projects ...... 74
6.4. Eligibility ...... 75
6.5 A Census and Cut-off date ...... 75
6.6 Entitlements for the PAPs ...... 75
CHAPTER 7: LAND SURVEY AND VALUATION METHODOLOGY ...... 77
7.1. Cadastral and Asset Survey ...... 77
7.2. Valuation Methodology ...... 78
7.2.1 Buildings and Improvements ...... 78
7.2.2 Land ...... 79
7.2.3 Sales comparable ...... 80
7.2.4 Trees and crops ...... 80
7.2.5 Chattels and other movable assets ...... 80
7.2.6 Acquisition of part of land, house, manufactory or other building ...... 81
7.2.6 Loss of Business ...... 82
7.3 Cash Compensation ...... 82
7.3.1. Principles ...... 82
7.3.2 The socio-economic Survey ...... 83
7.3.3. Individual Disclosure Meetings ...... 83
7.4 Valuation breakdown ...... 83
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7.5. Valuation certificate ...... 84
CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT ...... 85
8.1. National requirements and international best practice...... 85
8.1.1 Affected Agric- based livelihoods...... 85
8.1.2 Affected business - based Livelihoods ...... 85
8.1.3 Affected Landing site based livelihoods ...... 85
8.2 Livelihood Restoration Initiatives ...... 86
8.2.1. Initiatives for Agricultural –based livelihoods...... 86
8.2.2 Initiatives for Business - based Livelihoods ...... 86
8.2.3 Initiatives for Landing site- based livelihoods ...... 87
8.3. General Interventions for livelihood enhancement ...... 87
8.3.1. Provision of the disturbance allowance ...... 87
8.3.2. Provision of Financial Literacy...... 87
8.3.4. Access to Project Employment ...... 89
8.3.5 Promoting Local Market Purchase ...... 89
8.3.6 Assistance to Vulnerable populations ...... 89
8.4 Implementation of livelihood restoration initiatives ...... 90
8.5 Monitoring indicators ...... 90
8.6 Proposed budget for livelihood restoration and complimentary initiatives ...... 90
CHAPTER 9: MANAGEMENT OF ARCHAELOGICAL AND CULTURAL PROPERTY ...... 90
9.1 International Best Practice and National requirements ...... 90
9.2 Affected Cultural Property on Laropi bridgeand mitigation measures ...... 91
9.2.1 Caves / Rocks ...... 91
9.2.2 Place of cultural significance ...... 92
9.2.3. Graves ...... 93
9.2.4 Procedure for Archaeological and Cultural Chance Finds ...... 93
CHAPTER 10:GRIEVANCE MECHANISM ...... 94
10.1 Introduction and justification for grievance mechanism ...... 94
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10.2 Principles for effective implementation of GRM ...... 95
10.3 Purpose and objective of the GRM ...... 95
10.4 Community level Grievance Management Mechanism ...... 96
10.5 Key actors in the GRM project level implementation ...... 96
10.5.1 Contractor ...... 96
10.5.2 Resident Engineer ...... 96
10.5.3 The Project Manager ...... 97
10.6 Location of the GMCs ...... 97
10.7 GMC Composition ...... 97
10.8 Roles of the GMCs ...... 97
10.9 Grievance Management Process ...... 98
10.9.1 Grievances Submission ...... 98
10.9.2. Language for submission of Grievances ...... 98
10.9.3. Documenting Grievances ...... 98
10.9.4 Categorizing Grievances ...... 99
11.9.5 Prioritization of Grievances ...... 99
10.9.6 Grievance Processing Investigation and Feedback (Tier One) ...... 99
10.9.7 Appeal against proposed resolution (Tier Two) ...... 100
10.9.8 Arbitration and Legal Redress (Tier Three and Four) ...... 100
10.9.9 Closing a Grievance ...... 100
10.10 Project Level Grievance Redress Mechanism ...... 100
10.10.1 Handling a project-based grievance ...... 101
10.11 Monitoring and Evaluation of GRM implementation ...... 101
10.12 Communicating the GRM ...... 102
CHAPTER 11: RAP IMPLEMENTATION ARRANGEMENTS ...... 104
11.1 Introduction ...... 104
11.2 RAP Implementation Framework ...... 104
11.2.1 Negotiation and Signoff process for PAPs who prefer cash compensation 104 vi | P a g e
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11.3 Compensation payment ...... 108
11.4 Salvage and Demolition ...... 109
11.5 Vacation Notices ...... 109
11.6 Grievance Resolution ...... 109
11.7 Organizational and Implementation Frameworks ...... 109
11.7.1 Internal Implementation team ...... 109
11.8 Implementation Schedule ...... 112
11.8.1 Specific RAP implementation Schedule ...... 112
11.9 Data Management ...... 113
CHAPTER 12: MONITORING, EVALUATION AND REPORTING ...... 114
12.1 Introduction ...... 114
12.2 Monitoring & Evaluation ...... 114
12.3 Compliance Monitoring ...... 116
12.4 Completion Audit ...... 116
CHAPTER 13: BUDGET FOR RESETTELEMENT ACTION PLAN AND LIVELIHOOD RESTORATION ...... 118
13.1 RAP Budget ...... 118
13.2 Budget for proposed Livelihood Restoration and improvement initiatives ...... 119
CHAPTER 14:CONCLUSIONS AND KEY RECOMMENDATIONS ...... 120
14.1 Conclusion ...... 120
13.2 Recommendations ...... 120
APPENDICES ...... 121
ANNEX 1: Stakeholder Engagement Plan (SEP)...... 121
ANNEX 2: Evidence of implementation of SEP...... 129
ANNEX 3: Vualuation Report for Laropi Bridge project ...... 135
ANNEX 4: Proposed Complimentary initiatives for Laropi bridge ...... 144
ANNEX 5: Attendance Lists ...... 147
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List of Tables Table 1: Gap Analysis; Uganda's Land Acquisition Legal Framework and the AfDB OS recommendations ...... 14 Table 2: Household social demographic characteristics ...... 23 Table 3: Ability of households to read and write in any language ...... 24 Table 4: Attendance of formal education for household members ...... 25 Table 5: Highest grade completed household members ...... 25 Table 6: Grade currently attended by household members ...... 26 Table 7: Management of school attended ...... 26 Table 8: Distance to school ...... 26 Table 9: Place of origin household head ...... 27 Table 10: No of years have spent in present location ...... 27 Table 11: Ethnicity of household head ...... 28 Table 12: Source of livelihoods ...... 28 Table 13: Source of secondary livelihoods ...... 29 Table 14: House access to regular income ...... 29 Table 15: Means of transport for the households ...... 30 Table 16: Means of communication in the project area ...... 30 Table 17: Possession of animals ...... 31 Table 18: Household Source of social assistance during difficult times ...... 31 Table 19: Household expenditure...... 32 Table 20: Disease type and prevalence ...... 33 Table 21: Place of first consultation ...... 34 Table 22: Type of land ownership ...... 34 Table 23: Occupancy status of the land ...... 35 Table 24: Dwelling type ...... 35 Table 25: Access to water ...... 36 Table 26: Type of toilet facility ...... 36 Table 27: Presence of handwashing facility ...... 37 Table 28: Source of lighting...... 37 viii | P a g e
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Table 29: Source of energy for cooking ...... 38 Table 30: Health condition of household head ...... 38 Table 31: Presence of orphans in the household ...... 39 Table 32: Detailed vulnerability assessment ...... 40 Table 33: Knowledge about mode of HIV/AIDS transmission ...... 43 Table 34: Modes of communication about HIV/AIDS ...... 44 Table 35: Awareness about HIV/AIDS prevention ...... 45 Table 36: HIV/AIDS key risk populations ...... 45 Table 37: Source of social assistance ...... 50 Table 38: Number and Different Types of affected business in the road corridor ...... 50 Table 39: Number and type of ownership ...... 51 Table 40: Respondents’ opinion on how the project will affect their businesses ...... 51 Table 41: Average total sales and total profits of business ...... 53 Table 42: Payment of rent ...... 53 Table 43: Number and Different Types of affected businesses outside the road corridor ...... 54 Table 44: Potential Impact on structures ...... 55 Table 45: Potential impacts on sources of livelihood: affected business in the road corridor ....56 Table 46: Potential impacts on sources of livelihoods at landing sites ...... 56 Table 47: Potential impact on land ...... 56 Table 48: Impacts on other assets ...... 57 Table 49: Impacts on other Physical Culture resources ...... 57 Table 50: Stakeholder Identification and Analysis Matrix ...... 61 Table 51: Summary of key stakeholder engagements conducted for Laropi bridge project ...... 67 Table 52: Summary Community Concerns and Responses ...... 68 Table 53: Eligibility Criteria ...... 76 Table 54: Summary of RAP Estimate ...... 84 Table 55: Categories of affected livelihoods ...... 85 Table 56: Showing the proposed topics to be covered ...... 88 Table 57: Ranking of a Grievance ...... 99
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Table 58: Showing responsibilities for UNRA internal and external staff during the verification and disclosure process ...... 105 Table 59: Showing proposed composition of the technical team ...... 110 Table 60: Showing the implementation schedule ...... 112 Table 61: Monitoring indicators for the different RAP activities ...... 115 Table 62: RAP Budget ...... 118
Table 63: Proposed budget for livelihood restoration complimentary initiatives ...... 119
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List of Figures Figure 1: Location of proposed Laropi Bridge and Approach Road ...... 2 Figure 2: Map showing Roads associated with the proposed Laropi Bridge ...... 3 Figure 3: A google earth map of the Bridge orientation and major access routes to main national roads...... 4 Figure 4: Steps in the management of project-based grievance ...... 101 Figure 5: The negotiation and sign off process ...... 104 Figure 6: Hierarchical relationship of the different personnel proposed for the project...... 111
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List of Plates Plate 1: Some involved in fish business ...... 48 Plate 2: Community meeting with business owners in Laropi ...... 64 Plate 3: Local community engagements in Umi (onleft) and Laropi (On the right) ...... 65 Plate 4: Series of focus Group discussions held ...... 65 Plate 5: RAP team in a meeting with Chairman LCV- Adjumani district ...... 68 Plate 6: Rock site identified to be a cultural site by some local people ...... 91 Plate 7: showing a worshiping place in Omi village on a rock ...... 92 Plate 8: Showing graves in Laropi ...... 93
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EXECUTIVE SUMMARY Introduction This report presents the Resettlement Action Plan (RAP) for the construction of the proposed approach roads for Laropi Bridge which is one of the major components of the bigger Atiak-Laropi road project that is under construction to connect the remote North-Western region of Uganda and South Sudan to the Ugandan capital at Kampala via the Northern capital of Gulu. This RAP has been prepared based on the final design.
The preparation of this report is based on stakeholder engagements, survey and valuation activities in the project area as well as assessment of social economic conditions of the affected people. It is therefore a result of findings from these detailed assessments by the RAP team which included land surveyors, valuers and sociologists who conducted field activities in August and September 2020. This RAP provides a basis for resettlement and compensation of Project Affected Persons (PAPs) before UNRA acquires the Right of Way (RoW).
Legal/policy and institutional framework
This report has been prepared following guidance in key legislation governing compensation and resettlement in Uganda. These include; the Constitution of Uganda (1995) and the Land Act Cap 227. Article 237(1) of the Constitution vests land ownership in citizens of Uganda, however under Article 237(1)(a), the Central or Local Government may acquire land in the public interest. The Constitution prescribes various tenure regimes in accordance with which rights and interests over land may be held. It provides procedures to follow in acquiring land in the public interest and provides for the “prompt payment of fair and adequate compensation” prior to taking possession of land. The following legal instruments were reviewed during preparation of this RAP and the details are provided in Chapter two of this report. ;
1. The Constitution of the Republic of Uganda, 1995(as amended) 2. The Land Act, Cap 227, 1998 (as amended) 3. The Land Acquisition Act, Cap 226,1965 4. Local Government Act, Cap 243, 1997 (as amended) 5. The Roads Act CAP 358, 1949 (As amended) 6. Access to roads Act, 2000. CAP 350 7. The traffic and road safety regulations, 1998 8. The National Environment Act, 1995 9. The Workers Compensation Act, 2000 10. The Employment Act, 2006 11. The Children’s Act, 19997
Preparation of the RAP has also taken into consideration the AfDB OS2 guidelines on involuntary resettlement which recognizes that displacement may cause severe long-term hardships, impoverishment and environmental damage unless appropriate measures are carefully planned to address them.
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Socio-Economic Study Different methodologies were used during social economic studies to obtain socio economic information on affected households. 1. Household questionnaires were administered to all potentially affected households and 195 members of households were identified 2. Focus Group Discussions were held with different categories of persons who may potentially lose their livelihoods 3. Detailed gender profiling assessments were also conducted to document gender dynamics in the affected communities and how they can affect the land acquisition and resettlement process. 4. An additional assessment of affected enterprises particularly in Laropi and Umi landing sites was conducted. Although these are not directly affected by the proposed project, in the context of resettlement planning they will be economically displaced since their businesses are dependent on the ferry operations which will cease after construction of the bridge. The findings from Socio-economic studies 1. The proposed approach roads for Laropi bridge will cover sections of two districts of Adjumani and Moyo districts. 2. The project will affect 24 households, 58 businesses / enterprises in the Right of Way and 38 indirectly affected enterprises on the landing sites of Umi and Laropi. 3. According to the socio-economic survey, there are two dominant ethnic groups in the project area and these are the Madi and Lugbara. 4. The most prevalent form of land holding is under customary tenure system. Other forms of land holding include freehold and leasehold 5. Majority of the household heads were male (56.52%) while female household heads were (43.48 %) 6. Majority of the household heads reported to be single/never married (45%), followed by those in monogamous marriages (34%). The divorced and separated were (5.7%) while those in polygamous marriages constituted (5.2%). 7. In terms of education, most of the household heads did not complete Ordinary Level (50.8%). (32.8%) had completed Ordinary Level implying that they can ably undertake vocational skills training. The low level of education is an indication that affected households are dependent on land-based livelihoods., 10 heads of households had completed Advanced level and tertiary institutions. 8. A big proportion of the affected households (45.8%) had permanent structures, (41.7%) had semi‐permanent structures. 12.5%of the structures were built with temporary materials such as mud and grass for thatching. 9. Charcoal and firewood are the principal sources of energy for cooking among the affected households. 10. Solar was the major source of lighting with (41.7%) of the affected households using it. This was followed by electricity (29%) and rechargeable lamps/batteries (20.8%). 11. Majority of the households draw water from private yard tap (66.7%) while (12.7%) of the affected households use boreholes as a source of water.
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12. Covered pit latrines (private) was the most common form of sanitation (33.3%), followed by VIP latrine (shared) with (29.2%) while VIP latrine (private) had (/25%). 13. Most of the affected households did not have orphans (66.7%) while (33.3%) had orphans. 14. Most of the affected households did not have any head of household with chronical illness 95.8%. Only one household had a head of household with chronical illness. 15. In terms of livelihoods, the major sources of livelihoods for affected households were non- agricultural enterprises (29.17%). This was in followed by subsistence farming (16.67%) and property income (12.5%). 16. The bicycle was predominant means of transport used by affected households with 34.3%, followed by motorcycle 31.4%, Boat/Canoe 16.7%, Motor vehicles 8.6% and 14.3%of the affected households did not have any means of transport. 17. Households indicated multiple means of communication. The most prominent means of communication were mobile phones, radio and television. 5 households had a member with an email address. Out of 24 affected households, 3 did not have any means of communication. 18. In terms of disease prevalence, Malaria was identified as the most predominant cause of illness in the project area with81% of affected households reported it as leading cause of illness. This was followed by Cough/RTI with (14.3%). Diarrhoea and skin diseases constituted (5%) of the disease burden in the project area. 19. Affected households mostly sought health services from Gov’t Health Centres 20. 91.67% of Households owned land they occupied 21. Most members in the affected households (53.5%) are in school and majority of them go to private schools (33%) 22. The predominant animals reared in the affected households include goats (83.3%), cattle (79.2%), pigs (33.3%) and sheep (12.5%). Poultry (70.8%) is also practiced at a significant scale. 23. Affected households mostly spent on food (91.7%), school fees (79.2), health (70%), charcoal (54.2), sugar (54.2), water (41.7%) and scholastic materials 24. 58 businesses/enterprises will be affected by the projects in the right of way and 38 outside the right of way- at the landing sites. 25. The majority of the affected households (34%) were born within the affected villages, followed by those from within the town council (26.09%). 21.74% reported to have originated from outside. 26. An overwhelming majority (87%) have spent more than 10 years in the present location with only (8.7%) having spent between 5 to 10 years in the area while 4.4% less than 5 years.
27. 40% of the affected households derive their income from subsistence agriculture. 28.9% from enterprises while 15.56% earn their income from employment (salary/wage).
28. A total of 58 different forms of businesses will be affected along the RoW. Out of these, 13 are rental tenements, 11 are retail shops, 6 are eating places and an assortment of other affected businesses including; spare parts shops, welding points, stationery shop among others
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29. The project will impact 38 Enterprises outside of ROW that currently operate at landing sites of the ferry in Umi on the side of Adjumani district and Laropi on the side of Moyo.
30. 20.4% of the businesses were registered therefore operating formally whereas 79.6% were not registered hence operating informally.
31. Basing on PPDA categorization of business, all businesses/enterprises that will be affected are small businesses 32. Averages total sales in Uganda shillings for the affected business/ enterprises were categorized under mode of operation into daily 185,467, weekly, 920,000 monthly 3,829,524 and annually 5,280,000 Out of 58 businesses within the ROW 55% employed an average of 3 permanent workers and 3 temporary workers implying loss of employment for over 190 persons. The other businesses were managed mostly through household labour
Potential impacts of projects
The potential impacts of the project will be on the following;
1. 24.901 acres of land will be acquired for RoW
2. 28 Permanent structures will be affected
3. 17 Semi-permanents will be affected
4. 19 Temporary structures will be affected.
5. 2 Classroom blocks will be affected
6. 11 Pit latrines will be affected
7. 58 Businesses will be directly affected within RoW
8. 38 Enterprises will be indirectly affected outside the RoW; at the landing sites
9. 5 Graves will be affected
Stakeholder consultations and engagements 1. Consultations and engagements with project affected communities and local authorities were held in November and December 2019 and August 2020. The discussions revolved around project information, major community fears and concerns and the mitigation measures to address the fears and concerns. 2. The major concerns included, loss of business that are dependent on ferry operations at the landing sites of Umi and Laropi, inadequate compensation due to under valuation of properties, displacement before compensation, difficulty to secure alternative pieces of land in Laropi Town, reduction in farming and grazing land, improper relocation of graves, increase in insecurity, road accidents, increase in family breakdown and social ills, loss of trees and vegetation cover, fear of misuse of compensation money by men to the dismay of female spouses and children and loss of cultural sites and property resources of cultural
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significance. To address these concerns, this RAP recommends popularizing of the eligibility criteria, observation of land acquisition regulations, enlighten communities about existing laws on land acquisition and involuntary resettlement, establishment of an easily accessible Grievance Redress Mechanism, empowering local communities to fight social ills and seeking of spousal consent to avoid compensation funds misuse.
Valuation and compensation of assets and livelihood restoration 1. Compensation will be based on Ugandan legal and regulatory framework as prescribed in the Constitution of the Republic of Uganda (1995) and the Land Act (1988). 2. The value of land and buildings is based on the market value, that is, the probable value the property will fetch when offered for sale. 3. Valuation rates used for affected land were “market values” based on evidence obtained during property valuation and surveys. 4. Buildings and structures were valued on the basis of Replacement Cost Method to arrive at their market value. 5. District compensation rates were applied to derive compensation values for perennial crops and trees including fruit trees owned by PAPs. 6. Graves were valued using the respective approved district rates. 7. Public facilities will be replaced at full replacement value. 8. Unintended damages during construction will be compensated under injurious affection. 1. Summarily, the project will impact on a number of structures along the RoW of approach roads including 28 Permanent, 17 Semi-Permanent, 20 Temporary structures, 11 latrines, 9 washrooms, 4 kitchens, 2 classroom blocks and 5 graves. 2. In terms of land, 51 Acres of customary land and16 acres of licensed land will be affected by the project. 3. 58 businesses along the RoW and 38 enterprises on the landing sites will be affected Eligibility 1. The following categories will be eligible for compensation; people who have been in the surveyed part of the proposed project area; land owners, people whose houses/structures are to be affected by the development; people who rent land for any purpose like cultivation (share croppers) and their crops or trees are to be removed or damaged due to land acquisition activities; and any other group of persons that have not been mentioned above but are entitled to compensation according to the Ugandan laws and trustees for public/community infrastructure. Since the enterprises / businesses at the landing are outside the Right of Way, they will be considered under livelihood restoration. 2. The proof of PAPs’ eligibility for compensation will be through presenting 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.
Valuation certificate
The total Compensation Value as per estimates is as below;
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The total compensation value for the access roads to the Laropi Bridge is summed to a total of UGX. 1,644,312,987/= (Uganda Shillings One Billion Six Hundred Forty-Four Million Three Hundred Twelve Thousand Nine Hundred Eighty-Seven Shillings Only) inclusive of a 15% Disturbance allowance.
Livelihood restoration
Proposed livelihood restoration initiatives will include;
1. Training in acquisition and management of financial services credit
2. Provision of inputs like fertilizers and improved seeds;
3. Skills enhancement and diversification for women
4. Training in management of SMEs
5. Training in papyrus craft making
6. Provision of small equipment
7. Supporting the relocation of women to existing central market in Laropi town
Proposed Budget for Livelihood restoration and improvement is 1,210,000,000/= (One billion two hundred and ten thousand shillings only)
Grievance redress mechanism
1. To effectively implement this RAP, a Grievance Redress Mechanism has been proposed by the RAP team. The key stakeholders in the grievance resolution process include; UNRA, Project Grievance Management Team (PGMT), Community based GMCs, office of the Chief Government Valuer (CGV), Office of the Administrator General, and Client Care Officers 2. Additionally, a six stage approach will be adopted to resolve the manifesting grievances with each of the phases generating an output/deliverable. 3. Based on the stakeholder consultations and engagements as well as experience drawn from earlier UNRA road projects, most of the anticipated grievances on this project will be related to property valuation. 4. These are likely to arise when households consider compensation values for their affected land, assets and structures insufficient. 5. At the project level, UNRA will constitute GMCs at the different sections of the roads; at community level within a radius of 3km comprising of LCI chairpersons, PAPs, women, opinion leaders and religious leaders. 6. If the aggrieved person is not satisfied with resolutions of the GRM, they can seek justice through the courts of law.
Monitoring, evaluation and reporting
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1. The M&E framework shall include a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedules and targeted support to vulnerable PAPs. 2. Monitoring will be both Internal monitoring by UNRA, and External evaluations by the funding agency and other national stakeholders including the line ministry. 3. During RAP implementation, the focus of M&E will be on number of affected households that have been adequately compensated, number of PAPs who have acquired legal documents i.e., transfer and title deeds, number of business restored, number of vulnerable PAPs provided with special support and livelihood restoration, number of community/public facilities restored, number of graves/burial grounds properly relocated, effectiveness of grievance redress mechanisms. 4. Post-resettlement, the M&E will focus on success levels of restoration of livelihoods, individual and community needs, effectiveness in providing assistance to vulnerable PAPs and restoring their livelihood and efficiency and effectiveness of grievance redress mechanism. 5. At the end of the RAP, an audit will be undertaken to examine whether compensation and other mitigation measures restored or enhanced affected people’s quality of life and income levels. 6. It will also assess whether UNRA implemented all activities needed for compliance with resettlement and IFC principles.
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CHAPTER 1: INTRODUCTION
1.1 Introduction This report presents the Resettlement Action Plan (RAP) for the construction of the proposed approach roads for Laropi Bridge which is one of the major components of the bigger Atiak-Laropi- Afogi road project. The road is planned for construction to connect the remote North-Western region of Uganda and South Sudan to the Ugandan capital, Kampala via the Northern city of Gulu. This RAP has been prepared based on the final design of the proposed bridge approach roads. It is based on field land survey and valuation activities as well as assessment of social economic conditions of the affected persons. The RAP team included: land surveyors, valuers and sociologists who conducted field activities.
The RAP summarises the reports of the three teams and brings into focus the compensation and resettlement requirements of the potentially affected people. It also provides the guidelines and the estimated compensation amounts of the Project Affected Persons including recommendations on how to handle other social issues arising from the land acquisition process.
The Atiak- Laropi – Afogi road is a 95 Km Road which starts in Atiak at a junction off the Gulu –Atiak- Nimule Road and runs in the north western direction traversing dry grasslands with short grass and shrubs through Adjumani town and ends at Afogi near the South Sudan Boarder.
1.2. Project Description The proposed Laropi Bridge is located at the point where the Atiak-Laropi-Afogi national road intersects with the River Nile at the boundary of Moyo and Adjumani Districts. The Atiak-Laropi and the Laropi-Afogi road links are currently connected by a UNRA operated ferry across the R. Nile. The proposed route option for this bridge is shown in the Figure 1. The proposed Bridge will be approximately 1.1 km long across the river between the two existing ferry landing sites (Umi and Laropi) on either site of the Nile in Adjumani and Moyo districts respectively.
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Figure 1: Location of proposed Laropi Bridge and Approach Road
Atiak – Laropi – Afogi road project is part of the regional, national and international route connecting the remote North-Western region of Uganda and South Sudan to the Ugandan capital of Kampala via the Northern regional city of Gulu. The 95 Km Road starts in Atiak at a junction off the Gulu – Atiak - Nimule Road and runs in a North Westerly direction traversing dry grasslands with short grass and shrubs through Adjumani town and ends at Afogi near the Sudan Border. Laropi Bridge is earmarked for construction to replace the current ferry which is used as the only means of transport across the River Nile from Adjumani to Moyo district. Details of the route are presented in Figure 2 below.
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Figure 2: Map showing Roads associated with the proposed Laropi Bridge
The proposed bridge will transverse the Albert Nile for about 1.1 kilometres, and thereafter two access routes, each 1.5km on either side of the bridge will be constructed to join the Bridge to the existing national road (Atiak-Laropi-Afogi). On either side of the bridge, the alignment crosses riverine wetland ecosystems, and cuts through Laropi Local Forest Reserve (Figure 2-1) on Moyo side. In summary the planned construction of Laropi Bridge across the Albert Nile between Adjumani and Moyo districts shall entail but will not be limited to principally to the following:
1. Construction the actual 1.1-kilometre Bridge across Alert Nile
2. Construction of two sections of 1.5-kilometer access routes to the Bridge on either side of the Adjumani and Moyo to join the existing national road from Atiak to Moyo through Adjumani.
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The Bridge shall have majorly two access routes, one on the side Adjumani in Umi village and another on the Moyo side in Laropi town council. The Umi access route will measure approximately 1.5km and will divert from the exiting national road (Atiak-Adjumani -Afogi route) from Adjumani at 36N 368005.77, 390443.9), and join the Bridge alignment at 36N 368221.5, 391906.0). This road section will go through a mosaic of dense wooded savannah grassland, wetlands bushes and thickets as observed in figure 1-4. The Laropi access route will measure approximately 1.5km and will divert from the exiting national road from Moyo at (36N 369343.1, 393905.9) and join the Bridge alignment at 36N 368575.8, 392777.2) This road section will go through a mosaic of built-up area (Laropi towncoucil), open grassland, bushland, wetlands and Laropi local Forest Reserve. From the start to the end point, the proposed approach roads for Laropi Bridge pass through two districts. The villages traversed by the approach roads are Arra Central Village in Umi parish, Pachara Sub County, Adjumani district and immediately after the river, the approach road starts from Pakoma Cell in Idijo ward through Lugubu South in Central ward in Laropi Town Council Moyo District. Laropi Laropi local Forest Reserve is being regenerated with planted trees.
Figure 3: A google earth map of the Bridge orientation and major access routes to main national roads.
1.3 Benefits of the Project Being an international route that connects Uganda to Southern Sudan, the direct beneficiaries of this project are the traders and transporters using this route. Traders, transporters and travellers shall be able to have round the clock movement without any limitations or disruptions currently experienced due ferry operations. In addition, the project will contribute significantly towards reduction in transport costs that are incurred by traders and other travellers to cross the river after 7.00 pm when the ferry has stopped its day’s operations or when it develops mechanical 4 | P a g e
LaropiBridgeResettlementActionPlan problems. The construction of the bridge will also improve performance of the various transport sector institutions. It will contribute to poverty reduction by improving household’s incomes and wellbeing through increased access to markets and social services from either side across the Nile
Other benefits will emanate from jobs created during construction, sub-contracts for supply of goods and services and roadside socio-economic activities. The beneficiaries will participate in the project through involvement in public consultations; employment during implementation and monitoring through representation at various district and lower local government committees.
1.4 Project Objectives 1. To promote equal access to economic and social development opportunities across the country; 2. To provide a reliable and permanent connection between the districts of Adjumani and Moyo 3. To improve access to goods/passenger transport services and reduce transport cost along the project route; 4. To improve access to social and economic opportunities along the route, by providing high capacity infrastructure; and 1.5 Objectives and Principles of the Resettlement Action Plan The overall objective of this RAP is to provide guidance on management and execution of land acquisition and resettlement for the affected persons in compliance national laws and safeguards policies of the AfDB on involuntary resettlement. The goal of this RAP is to minimize the negative economic and social impacts that may arise from land acquisition and Involuntary Resettlement
This RAP therefore provides guidance on how the Project Affected Persons (PAPs) along the proposed approach roads for Laropi Bridge will be compensated.
The specific objectives of this RAP are;
5. To provide stakeholders with information on the project and its impacts among affected communities.
6. To identify and clearly define the Project Affected Persons, the affected assets and eligibility criteria for compensation.
7. Establish the socio-economic conditions of the Project Affected Persons as a benchmark for monitoring RAP implementation.
8. Provide proposals for resettlement options particularly for the vulnerable PAPs
9. To establish and a grievance resolution mechanism to address any grievances arising from the displacement
1.6 Principles for preparation of Resettlement Action Plan The preparation of this RAP was guided by the following “best practice” principles;
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1. Where involuntary resettlement is unavoidable, all people affected by the project should be compensated fully and fairly for lost assets. In this project all people who fall within the right of way have been considered for compensation in accordance with the laws of Uganda and the AfDB Operational Safeguards.
2. Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly. In addition to compensation at full replacement cost, the affected people have been considered for a 15% disturbance allowance as a top up to improve their livelihoods.
3. All people affected by involuntary resettlement will be consulted and involved in resettlement planning to ensure that the mitigation of adverse effects as well as enhancing the benefits of resettlement is appropriate and sustainable. All stakeholders including affected persons have been meaningfully engaged and consulted. Engagements will continue throughout the implementation of the RAP
4. Both PAPs who have formal legal rights to land or other affected assets (including customary and traditional rights to the use of land or other assets); and those who do not have formal legal rights to land or other assets at the time of the Resettlement planning process and census (but who have claim to such legal rights by virtue of occupation or use of those assets) are considered eligible for resettlement action. In other words, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or to other resettlement assistance. In this RAP both categories of PAPs have been considered eligible for compensation. Absence of legal claim to land and assets has not been considered as a barrier to compensation
1.7 RAP Preparation Methodology This RAP has been prepared through a combination of methods. These include; literature review, field surveys, stakeholder engagements, Socio economic surveys, Focus Group discussion and Key Informant Interviews. A number of data collection tools were used including, socio economic questionnaires, interview guides, gender profiling guide and land survey and valuation data capture forms. In addition, formal and informal interviews with project affected persons, local council officials, local government staff and other national level stakeholders were held. The data which was collected was analysed to generate social, economic, land survey and property valuation information of all the affected community members and their affected properties.
1.7.1. Literature Review During the preparation of this Resettlement Action Plan, detailed literature review of all relevant documents on land use and settlement patterns within the project area was undertaken. Some of the specific documents that were reviewed include;
1. The UNRA Land Acquisition and Resettlement Management system (LARMS). 2. The Five-Year District Development Plans for Adjumani and Moyo Districts. These provided information of the district profiles including population demographics, community
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resources, political and social resources, institutional structures, socioeconomic activities, land use patterns, etc. 3. Town Council Development Plan for Larapi Town Council 4. Review of the legal and policy framework on compensation and resettlement. This helped to identify and harmonize any differences in resettlement and compensation guidelines between the Uganda Government legislations and the AfDB Guidelines on Involuntary Resettlement and other Social Safeguards; The legal and policy frameworks included: 1. AfDB Policies and Guidelines on Involuntary Resettlement (2003); 2. AfDB Gender Policy; 3. IFC Performance Standard 5, 4. The Handbook for Preparation of Resettlement Action Plans, 5. The Handbook on Stakeholders Consultation and Participation on ADB projects.
1.7.2. Socio-Economic Survey A total of 120 questionnaires were administered during the Socio-Economic survey and the study covered 1. 24 Households within the RoW 2. 58 Business within the RoW 3. 38 Businesses outside the RoW (Umi and Laropi landing sites) 4. Focus Group Discussions were held with different groups including; business people in Laropi town council, boda boda riders, business women in the central Market and business women at the two landing sites 5. Gender analyses were conducted using the three gender frameworks namely; 1) Activity Profile, 2) Access and Control profile and, 3) the influencing factors. Socio economic data collection was undertaken by locally hired and trained data collectors from the project area who could communicate to PAPs in their local language through a set of questionnaires and interview guides. Quantitative data was collected from all PAPs who are potentially to be physically and economically displaced by the project, to determine the different categories of the affected persons, the affected land and assets for the affected people. For purposes of compensation, the analysis and valuation were done for households and businesses within the RoW. The businesses outside the RoW (at the landing site) were considered for livelihood restoration.
1.7.3. Valuation Methodology The valuation and assessment of land and property for compensation in the project area was carried out in consultation with property owners and occupants; and witnessed by the area Local Council 1 (LC1) chairpersons. The exercise involved pre-field study and analysis of secondary data related to the project, field data capture of PAPs including developments, utilities and trees of economic value. Office work involved analysis of the data collected in the field including land market evidence and building construction costs. Further, deskwork included computation, valuation/assessment and compilation/preparation of the valuation report to provide preliminary indicative costs which shall be submitted for the approval of the Chief Government Valuer. Additional details on valuation methodology and compensation rates will be outlined in Chapter 6. 7 | P a g e
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1.7.4. Land Survey Methodology Surveying of all affected land, structures and other assets was conducted by the land acquisition surveyors that first pegged out the proposed right of way (i.e., an alignment with a width of 50M (25M on both sides of the proposed centreline). The landowner or right holder, with the assistance of the Area Local Council 1 (LC1) chairperson then guided the surveyors along his/hers (their) plot boundary. Each landowner and right holder was given an assessment number. The respective plot areas were mapped out and presented on a strip map. This information was then passed on to the Valuation team for further assessment and documentation.
1.8. Structure of this RAP This RAP is laid out as follows; 1. Chapter 1 - Introduction 2. Chapter 2 – Legal, Policy and Institutional Framework 3. Chapter 3 – Socio-economic Baseline 4. Chapter 4 – Project Impact Assessment 5. Chapter 5- Community Participation and Stakeholder engagement 6. Chapter 6- Compensation and Resettlement Strategy 7. Chapter 7- Land Survey and Valuation Methodology 8. Chapter 8- Livelihood Restoration and Improvement 9. Chapter 9- Management of Archaeological and cultural property 10. Chapter 10- Grievance Mechanism 11. Chapter 11- Monitoring, Evaluation and Reporting 12. Chapter 12 -RAP Budget
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CHAPTER 2: LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORK
2.1 Introduction This section describes the policy, legal and institutional framework that guided the RAP development process and will regulate land acquisition, resettlement and compensation on the project. It includes relevant Ugandan laws and other statutory provisions as well as the AfDB’s Operational Safeguards for Involuntary Resettlement, Land Acquisition, Population Displacement and Compensation (OS 2). AfDB’s OS2 requires that projects identify all laws of the host country that are applicable to land acquisition and involuntary resettlement, including relevant local customs and traditions that govern affected communities. They also require that where national legislation falls short of meeting the conditions prescribed by AfDB’s OS2, projects are required to meet the more stringent standards. In this perspective, this chapter describes the legal, policy and institutional framework provisions that will guide the planning and implementation of the RAP for Laropi Bridge.
2.2 Legal framework Laws and Regulations in Uganda Several Uganda statutes contain information about the rights and obligations of government agencies as well as its citizens regarding land acquisition and administration of land transactions. Different agencies and levels of government play different roles in acquisition and administration of land transactions. For the preparation of this of RAP, a comprehensive review of the following laws and regulations was conducted: 13. The Constitution of the Republic of Uganda, 1995(as amended) 14. The Land Act, Cap 227, 1998 (as amended) 15. The Land Acquisition Act, Cap 226,1965 16. Local Government Act, Cap 243, 1997 (as amended) 17. The Roads Act CAP 358, 1949 (As amended) 18. Access to roads Act, 2000. CAP 350 19. The traffic and road safety regulations, 1998 20. The National Environment Act, 1995 21. The Workers Compensation Act, 2000 22. The Employment Act, 2006 23. The Children’s Act, 19997
Policy framework 1. Uganda National Land Policy 2011 2. The Gender Policy, 2007 3. National Policy on HIV/AIDS and the Place of Work (2000) 4. The UNRA Environment and Social Safeguards Policy (E&S). 5. UNRA Land Acquisition Management System (LAMS) 6. African Development Bank Integrated Safeguards System
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Key legislation in respect of the anticipated land acquisition is summarized briefly in the following: 2.2.1 The Constitution of the Republic of Uganda, 1995 (as amended) The Constitution of the Republic of Uganda provides for sovereignty over land and the legal framework for compensation and resettlement in Uganda. Article 237(1) of the Constitution vests all land in Uganda on its citizens and it prescribes various tenure regimes in accordance with rights and interests over which land may be held – customary, freehold, Mailo, and leasehold.
However, under Article 237(1) (a), the Government or Local Government may acquire land in the public interest. It provides procedures in acquisition of land in the public interest and provides for “prompt payment of fair and adequate compensation” prior to taking possession of land.
Article 26 provides a right to own property either individually or in association with others. It also prohibits compulsory deprivation of property or any interest in or rights over property of any description except where; the taking of possession or acquisition is necessary for public use or in the interests 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 provisions for prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property and a right of access to a court of law by any person who has an interest or a right over the property.
In line with the 1995 Constitution and particularly Article 26, land acquisition for the development of Laropi Bridge and the associated approach roads will be done in accordance with the provisions of the Constitution. Accordingly, community sensitization on land acquisition procedures has been undertaken. In addition, the grievance management system shall be enhanced for improved management of grievances in case of dissatisfaction with the land acquisition and compensation process.
2.2.2 The Land Act, CAP 227, 1998 (as amended)
The Act acknowledges the four land tenure systems under which land shall be owned. These include; a) customary, b) freehold, c) mailo and, d) leasehold. It recognizes customary tenure as a form of land holding, by declaring that: ‘customary tenure is a form of tenure and thus places customary tenants in a position of ownership of land unlike the Land Reform Decree, 1975, that made them tenants at sufferance. The Act recognizes that, ‘customary tenure’- means a system of land tenure regulated by customary rules which are limited in their operation to a particular description of class of persons.’
Section 34 provides guidelines on transaction with the tenancy by occupancy, and the requirement for the tenant to seek consent for transaction from the land owner (34-3), and the transaction cannot be valid and effective if it is undertaken without consent (34-9). Part IV of the Land Act, creates a series of land administration institutions consisting of Uganda Land Commission (ULC), the District Land Boards (DLB), the District Land Committees.
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1. The Uganda Land Commission - is supposed to hold and manage any land in Uganda which is vested in or acquired by the Government in accordance with the Constitution (Part IV:49 (a) 2. The District Land Board (DLB) –Each district is supposed to have a DLB. The DLB is supposed to: facilitate the registration and transfer of interest in land (59[b]; ‘compile and maintain a list of rates of compensation payable in respect of crops, buildings of non- permanent nature, and any other thing that might be prescribed (59[e]) (but not the value of the land itself or any permanent buildings); review every year the list of rates of compensation. (59[f] 3. The Parish Land Committees PLC) – The PLCs are supposed to be appointed by the district council, and has interest to grant estate and create rights or interest in relation to land vested in it.
The Act provides for the compulsory acquisition of land for public works. Where it is necessary to execute public works on any land, an authorized undertaker shall enter into mutual agreement with the occupier or owner of the land in accordance with this Act (73-1). An authorized undertaker executing public works on land under this section shall promptly pay compensation to any person having an interest in the land for any damage caused to crops or buildings and for the land and materials taken or used for the works (73-4). Any dispute as to compensation payable shall be referred to a land tribunal (73-4).
Section 77 of the Act gives guidance on the compensation rates by the District Land Tribunal. That is, the District Land Tribunal shall take into account the following:
1. In the case of a customary owner, the value of land shall be the open market value of the unimproved land; 2. the value of the building on the land, which shall be taken at open market value for urban areas and depreciated replacement costs for the rural areas; 3. The value of standing crops on the land; excluding annual crops which could be harvested during the period of notice given to tenant (also refer to the Uganda Land Act Section 78). The list of rates of compensation compiled by the District Land Boards is to be used in determining the rates of compensation for crops and temporary structures.
The act has provisions for the disturbance allowance (77[2]). In addition to compensation payments, there shall be paid a disturbance allowance of 15% of any sum assessed.
Consent of family members on transacting land: The Land Act (section 39) has provisions on ‘restrictions on transfer of land by family members, unless the spouse has granted consent. In summary, the act stipulates that no person shall sell, exchange, transfer, pledge, mortgage or lease any land on which a person ordinarily resides with his spouse, children, orphan with interest in the inheritance of land, except with the prior written consent of the spouse; dependent children, committee. Land acquisition will be undertaken in line with the provisions of this Act.
Under this RAP, land acquisition shall be undertaken in compliance with the provisions of this Act and the relevant Articles. For example, this RAP has provided for 15% disturbance allowance on 3 | P a g e
LaropiBridgeResettlementActionPlan the compensation values. With reference to consent of family members, all household members have been engaged, married couples have been involved in the process and are in agreement with the land acquisition process. Additionally, spousal consent shall be obtained for all land related transactions in line with the provisions of this Act.
2.2.3 Land Acquisition Act, Cap 226, 1965 This Act makes provision for the procedures and methods of compulsory acquisition of land for public purposes whether for temporary or permanent use. For temporary purpose, the Minister responsible for land may authorize any person to enter upon the land and survey the land, dig or bore the subsoil and remove samples, or any other thing necessary for ascertaining whether the land is suitable for a public purpose. The Government shall pay compensation to any person who suffers damage as a result of the exercise. (Section 2: Power to enter and examine land). For permanent purpose, in taking possession, ‘Where a declaration has been published in respect of any land, the assessment officer shall take possession of the land as soon as he or she has made his or her award (to the affected person) (section 7-1).
The land shall immediately vest in the Land Commission free from all encumbrances (section 7- 2). Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision. Unlike the Land Act, whereas the Land Acquisition Act does not explicitly make reference to adequate and timely compensation, these standards are implied in phrase like ‘compensation for all interests in the land’, taking possession of the land as soon as award is made’. The Act also has provisions for consultations and disclosure of compensation package (section 5), appeal against an award (section 13), and apportionment compensation among all the persons known or believed to have an interest in the land. In line with the provisions of this Act, during implementation of this RAP, the project affected persons will be provided with prompt and adequate compensation prior to taking possession/acquisition of land. Compensation awards shall be disclosed to the project affected persons for them to know their entitlements and Grievance Management Committees will be set up to handle any dissatisfaction with land acquisition and compensation. PAPs will also be given a chance to appeal in case of dissatisfaction of compensation award.
2.2.4 The Local Government Act Cap 243, 1997 (as amended) This Act established districts as the main units of administration with legislative and planning powers under Section 35. The district councils are responsible for various functions and services including land administration and surveying. It is the duty of the districts in which the projects will be implemented namely Moyo and Adjumani districts to monitor compliance with all relevant land laws and regulations for the proposed project. The Project will also need to comply with the District Development Plans (DDPs) of the two districts. Thus, local governments have been involved in the process of RAP development and their role will continue through land acquisition, compensation and environmental monitoring and compliance in this project. Reference was made to the district compensation rates while compiling the valuation report. The local government leadership of Adjumani and Moyo were consulted and their input incorporated in the RAP report. 4 | P a g e
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2.2.5 The Road Act Cap 358, 1949 (as amended) Section 2 of the Roads Act declares a road reserve as an area bounded by imaginary lines parallel to at a distance of no more than 50 feet from the centre line of any road. The proposed road reserve of 30m is within the prescribed distance. Section 3, further prescribes that, the road reserve should be clear. It states that no person shall erect any building or plant, trees or permanent crops within a road reserve, except with a written permission of the Road Authority. It also allows the roads authorities to dig and take materials from the road reserve for the construction and maintenance of roads.
To reinforce this law, the implementing team/ Roads authority will conduct Community engagements to popularize the Act and earn community confidence that no individual(s) shall occupy the road reserve. Mark stones shall be erected to notify communities of the boundaries of the road reserve
Section 4: Power to prescribe building line in Town: The Minister or, with the consent of the Minister, a District Commissioner (currently the Chief Administrative Officer) in relation to any road within or passing through any government town or an Administrator in respect of any area not being in a government town may, by order: prescribe the line in which buildings shall be erected in such town or area, or prescribe the distance from the centre of the road, within which no building shall be erected in such town or area.
Section 5: Removal of interferences: The Road Authority is required to give written notice to the owner or occupier of the land on which prohibited activities have been carried out so as to: pull down or remove the building; or cut down or uproot the trees or crops; or alter or repair the cattle path, bicycle track, side road or entrance or means of access or to close the same Section 6).
In the course of land acquisition for the proposed project development, this Act will be invoked through,
Issuance of notices to vacate prior to commencement of project activities. Transitional period of 3 months shall be given to the PAPs to secure and vacate the ROW upon payment of compensation awards. All this has been explained to the PAPs that once they are paid, they are supposed to vacate the land and leave it free.
2.2.6 Access to Roads Act (2000) Cap 350 The proposed roads may deny private landowners’ access to public highway. This Access to Roads Act seeks to ensure that private landowners have access to public highway. Section (2) of this Act stipulates that a private landowner who has no access to public highway may apply for leave to construct a road of access to the public highway. The Act therefore, establishes a mechanism for applying for access to a public highway and provides a legal framework for safety of the neighbouring environment.
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Section (5) of this Act provides a legal basis upon which the private landowner over which the access road is to be constructed may be compensated in respect for land use, destruction of property, crops and trees. Compensation is determined by the area land tribunal. UNRA will adhere to this act due to the fact that the corridor if gazetted is likely to deny affected households’ direct access to high way and major public facilities and community common resources. This Act shall be complied with by ensuring that private landowners adjacent to the highway have access to their properties at all times during road development. 2.2.6 The Traffic and Road Safety Regulations 1998 The Traffic and Road Safety Regulations (1998) provide protection and guidance to the community from traffic accidents through regulating and licensing vehicles and road users and general control of traffic. Section (95) of the regulations clearly state that, every person, driver, pedestrian and road user shall conduct themselves in such a manner as not to endanger or obstruct traffic. He/she shall avoid all behaviour that might cause damage to persons or public or private property. Failure on the part of any person to observe any provisions of these regulations shall render themselves liable to criminal proceedings. To mitigate against traffic accidents, the project shall ensure that appropriate warning signs are provided in all active work sites including near public facilities and concentrated settlements.
Section (134-2) of the Traffic and Road Safety Act, stipulates that“ Any person in charge of any cattle, dog or other domestic animal who, on any road or in any public place, fails to keep it or them under proper control, or allows it or them to become a danger or annoyance to the public, commits an offence and is liable on conviction to a fine not exceeding ten currency points” To comply with the provisions of this Act, crossing points shall be designated for livestock crossing. In addition, the project shall adopt this Act by massively sensitizing communities never to graze animals at night and never to let animals roam in town and on the roads.
2.2.7 The National Environment Act 1995 This Act is triggered by the fact that proposed road construction is likely to cause noise and vibration pollution. Section (3) of the Act entitles every person to a healthy environment and prohibits any activities that are deleterious to the environment. The Act requires any on-going activity including road construction to be subjected to an environmental audit in accordance with the Act. Section (28) provides for standards for the control of noise and vibration pollution. The Act will be applicable to regulate and set minimum standards for the emission of noise and vibration pollution that will be produced by heavy trucks and motorized heavy equipment during road construction.
Furthermore, the proposed project is likely to have an impact on the existing water resources through extraction of water from existing wetlands, riverbanks and lake shores. Regulations 12(1) prohibits any developer from carrying out an activity in a natural water resource including wetlands without the permit issued by NEMA or DWD. Given that the project is to be developed across the river Nile, it is important that this Act is complied with. The contractor shall have to obtain all relevant permits prior to commencement of works in order to comply with the provisions of the
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Act. In addition, the Contractor will have to undertake routine water and Air quality monitoring and vibration monitoring in compliance with the provisions of the Act.
2.2.8 The Workers Compensation Act (2000) The Workers Compensation Act 2000 will be applicable where workers sustain injuries or occupational disease during road construction and stone quarry activities. Sections (II) and (IV) of the Act require that any worker who sustains an injury or occupational disease during road construction to be compensated. Based on the terms and conditions set by this Act, the contractor and sub-contractors are compelled to provide Personal Protective Equipment (PPE) to all workers for purposes of minimizing accidents and body injuries. In addition, the contractor will have to compensate all workers who sustain injuries and occupational diseases during construction in line with the provisions of the Act. 2.2.9 The Employment Act, 2006 The Act states that discrimination in employment shall be unlawful. It describes discrimination to include any distinction, exclusion or preference made on basis of race, sex, colour, religion, political opinion, social origin, HIV status or disability which has the effect of nullifying or preventing an employee from obtaining any benefits under a contract of service. This Act shall be applicable where exclusion or preference of workers is not based on particular job requirements. Section (6) of the Act provides for payment of both the male and female workers equal remuneration for work of equal value. Section (2) provides that wages shall be paid in legal tender to the employee entitled to payment. Section (59) of the Act further compels the employer in this case the contractor to write to an employee about the wages which the employee is entitled to receive and the intervals at which they will be paid and deductions and conditions the employees are subjected to. The project shall be implemented in line with the provisions of this Act, particularly Section (59) to safeguard against workers being exploited and failure of contractors to pay wages and all statutory obligations. 2.2.10 The Children Act, 1997 The Children Act, 1997 Part II provides for protection of children from child labour. This Act is specifically triggered by the fact that the road constructors may seek cheap labour by employing children. The Act demands that “No child shall be employed or engaged in any activity that may be harmful to his or her health, education or mental, physical or moral development”. Similarly, the Constitution of the Republic of Uganda Article 34 (4) protects the Rights of Children through protecting from social and economic exploitation. UNRA shall compel the contractors to enforce the Children Act that prohibits persons from employing Children or making them perform work that is likely to be dangerous or to interfere with their education, or be harmful to their health or spiritually, physical, mental, moral or social development.
On the other hand, Children may be impoverished by the land take especially where they do not consent to transfer of ownership rights of family land for self-sustenance. Part III of the Children’s Act gives Local Government Councils the power to protect the child’s right to succeed the property of his or her parent and all the rights accorded to a child. To comply with this Act, this RAP has identified such vulnerable children and measures have been put in place to protect them.
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Furthermore, the Sexual Offence Act Part III, Section 10 (1) & (2) provides that a person who has sexual intercourse or any person who attempts to have sexual intercourse with another person who is under age of 16 years commits an offence”. UNRA should compel the contractors develop a workers’ code of conduct with punitive measures to protect children from abuse and exploitation by workers. UNRA shall also work with Child Protection units including the Probation and Welfare Officer at local government levels to sensitize communities about the rights of children including advocating against child labour and sexual exploitation and abuse.
2.3 Policy Framework
2.3.1 Uganda National Land Policy (2011) The Uganda National Land Policy provides a systematic framework for articulating the role of land in national development, land ownership, distribution, utilization, alienability, management and control. The goal of the policy is: “to ensure efficient, equitable and sustainable utilization and management of Uganda’s land and land-based resources for poverty reduction, wealth creation and overall socio-economic development
The policy avers that the Government shall hold and manage public land in conformity with the acceptable principles of public trust doctrine. The policy also recognizes the dual role of customary and statutory systems in land rights administration and dispute resolution. The policy is applicable to the proposed road project through the following key policy statement: 1. Policy Statement (39), The state shall recognize customary tenure to be at par with other tenure systems. 2. Policy Statement (58), Government shall pay prompt, adequate and fair compensation to ethnic minority groups that are displaced from ancestral land by government action. 3. Policy Statement: (66) (a), Government shall by legislation, protect the right to inheritance and ownership of land for women and children. 4. Policy statement (66) (b), Government shall ensure that both men and women enjoy equal rights to land before marriage, in marriage, after marriage, and at succession, without discrimination. 5. Policy statement (82) Government shall take conclusive measures to redress historical land injustices in a manner that promotes harmony for peaceful co-existence of indigenous persons and immigrants.
For the case of land acquisition for development of Laropi bridge, the policy shall particularly be useful in recognizing the land rights of citizens, addressing the cultural land injustices that discriminate women and other weaker gender from land ownership. Land acquisition for this project shall be done in a manner that will ensure prompt, adequate and fair compensation for all affected persons in line with the provisions of this policy.
2.3.2 Road sub–sector policy for PWDs & Elderly Persons (Eps)
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The Road sub–sector policy statement on people with disabilities and elderly persons (2008) is triggered because the proposed project may restrict PWDs access to key public infrastructure and facilities and road design may not mainstream disability priorities during construction. Section 5 (1) of this policy provides for improved accessibility of PWD and Elderly Persons to road and bridges through designs that facilitate their easy, safe and comfortable mobility. Section 5.3.1 provides for the construction and improvement of roads and bridges with accessible facilities for PWD and EP, construction of road humps with gentle gradients for ease of use of wheelchairs, integration of PWD and EP needs at crossing points (Zebra Crossing), provision for well-labelled road infrastructure for ease mobility of PWDs and EPs, construction of open drains, sub-soil drainage, warning signs that the blind can detect with their white cane, provision of convenient crossing over the open drains for the PWD & EP, provision of convenient parking lots with specific spaces marked for PWDs & EP at least one out of 50 places and construction of guide strips to identify the travel routes for white cane users. During the execution of project works, UNRA and the appointed contractor shall enforce Section 5.3.1 of the Road sub-sector policy for PWDs and Eps to ensure that adequate facilities, infrastructure and signs are provided as guided by this road subsector policy. 2.3.3 The Gender Policy, 2007 In most African communities that are generally patrilineal and male dominated, women and children have always been at periphery of human rights and access to resources. The gender policy, which is also grounded in the 1995 Constitution, aims at increasing knowledge and understanding of human rights among women and men so that they can identify violations, demand, access, seek redress and enjoy their rights. The Gender Policy (2007) calls for gender to be considered in transport and road sector policies, planning, resource allocation, performance monitoring and reporting. The policy encourages women and men to participate fully in development.
In case of land acquisition for the Laropi Bridge, the Gender Policy will be invoked to mitigate the likely negative impacts that female spouses and children might face due to misuse of compensation money by the male household heads. And as per the Land Act, the consent of women is paramount where family property is affected. The RAP has involved women and men in the process; through participation of both men and women in community meetings. In addition, during valuation of property, spouses were present and were accordingly informed about the process. The project team will also make sure that spouses are present during the disclosure exercise.
2.3.4 National Policy on HIV/AIDS at the Place of Work (2000) The National Policy on HIV/AIDS promotes mainstreaming of HIV/AIDS in all development programs including infrastructure projects. The HIV/AIDS policy requires employers including contractors to develop own in-house HIV/AIDS policies and Plans, provide awareness and prevention measures to workers and avoid discriminating against employees or applicants living with or affected with HIV or AIDS. This policy will be invoked based on the fact that the bridge construction in Laropi will cause influx of people in the area who might engage in sexual relationships that could lead to spread of sexually transmitted diseases including HIV/AIDS. It is
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LaropiBridgeResettlementActionPlan therefore prudent that safeguards are put in place to inhibit the spread of HIV/AIDS as a result of road development.
Aware of these risks, UNRA shall engage the services of a Nominated Service Provide (NSP) to undertake awareness campaigns and educational training on HIV/AIDS to address HIV/AIDS complacency among the workers and residents. In addition, workers and members of the community shall be encouraged to undergo counselling and voluntary testing to know their statuses. Those found to be positive shall be linked to support services.
2.3.5 The UNRA Environment and Social Safeguards Policy (E&S)
UNRAs Environment and Social Policy framework demonstrates commitments to guarantee environment and social protection/sustainability in all UNRAs activities. It is the first and major component of the Authority’s Environment and Social Management system (ESMS). The policy is rooted in E&S requirements contained in Uganda’s legal framework and a wide array of international instruments and policies of funding institutions such as the World Bank, African Development Bank, European Union, Japan International Cooperation Agency, Islamic Development Bank among others.
The overall objective of the policy is to provide a clear commitment of the level of Environment and Social performance in the planning and implementation of all Authority activities. In this policy, the Authority commits to avoiding, preventing, reducing and mitigating negative impacts of its activities, including road development, maintenance, and rehabilitation activities and where possible, to enhance the positive impact to the environment and people. The Key aspects of the policy, to which the Authority commits adherence include;
Assessments and managements of E&S impacts, Occupational and community health and safety, Gender and vulnerability, HIV/AIDS awareness and prevention, stakeholder engagements, Grievance Redress Mechanism, labour and working conditions, Sensitive ecosystems and sustainable environment management, Climate change, Land acquisition and Involuntary resettlement, cultural resources among others.
For the case of Laropi Bridge, the policy shall be invoked throughout the life of the project. This RAP preparation is part of the policy commitment, and interventions proposed herein, to assist vulnerable PAPs, mitigate gender segregation, HIV/AIDS spread, stakeholder engagements, and formation of grievance redress committees among others resonate directly with the policy requirements.
2.3.6 The UNRA Land Acquisition and Resettlement Management System (LARMS), 2019
In 2009 UNRA formulated Land Acquisition and Management System (LAMS) to provide guidance on the management of land acquisitions of the Road Reserve for both UNRA and its suppliers. The LAMS clarifies the steps, roles and responsibilities of all parties in the implementation of land acquisition process. The original LAMS was revised in 2010 and again in 2019. The revised LARMS, supplements the original Land Acquisition Plans, by responding to the international safeguard guidelines and calls for inclusion of social and resettlement plans (SRAP) that put into consideration actions and choices in respect to compensation packages, 10 | P a g e
LaropiBridgeResettlementActionPlan alternative land, focus on community development initiatives, consultations and acceptability of the plans, system for grievance recourse. It proposes that whereas LARMS is implemented under the responsibility of UNRA Safeguards Unit, land acquisition section, and their supervisory consultants, with the oversight of the Chief Government Valuer (CGV), the SRAP shall be implemented by the contractor alongside his Contractor Environmental Management Plan, under the construction Supervising Consultant. The revised LARMS presents many templates for guiding RAP monitoring and evaluation and this RAP report recommends the use of such M&E tools during RAP implementation. For the proposed Laropi bridge, land acquisition shall be guided by the LARMS 2019.
2.4 African Development Bank Integrated Safeguards System As a strategic approach to promoting growth that is socially inclusive and environmentally sustainable, the AfDB developed the Integrated Safeguards System (ISS), that mainstream sound environmental and social management practices into all Bank operations. One of the Safeguards is the Operational Safeguards 2 (OS 2) on Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation.
2.4.1 Operational Safeguard 2 (OS 2) Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation 2.4.1.1 Objectives and Principles 1. When people must be displaced, they are treated fairly, equitably, and in a socially and culturally sensitive manner; 2. That they receive compensation and resettlement assistance so that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved; and that they share in the benefits of the project that involves their resettlement.
In order to avoid long term adverse consequences associated with involuntary resettlement, the specific objectives of operational safeguards are;
1. Avoid involuntary resettlement where feasible, or minimize resettlement impacts where involuntary resettlement is deemed unavoidable after all alternative project designs have been explored. 2. Even for some projects that may involve temporary relocation of people; the objective should be to minimize disruption to the affected people, avoid irreversible negative impacts, provide satisfactory temporary services and—where appropriate—compensate for transitional hardships. 3. Ensure that displaced people are meaningfully consulted and given opportunities to participate in the planning and implementation of resettlement programmes; 4. Ensure that displaced people receive significant resettlement assistance under the project, so that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved beyond pre-project levels 5. Provide explicit guidance to borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations to mitigate the negative impacts of
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displacement and resettlement, actively facilitate social development and establish a sustainable economy and society; and 6. Guard against poorly prepared and implemented resettlement plans by setting up a mechanism for monitoring the performance of involuntary resettlement programmes in Bank operations and remedying problems as they arise. 2.4.1.2 Resettlement Planning
In line with requirements of OS 2, UNRA undertook a comprehensive socioeconomic survey for the preparation of this RAP. The process involved carrying out a population census and development of an inventory of assets including natural assets upon which the affected people depend for a portion of their livelihoods.
Public consultations and stakeholder engagements have been held with the local government leadership of the districts traversed by the project, national stakeholders and affected persons including vulnerable PAPs. The construction of approach roads will affect 195 members belonging to 24 households and 58 business in the RoW. There are 38 businesses that are not within the ROW but are affected by the proposed project and have been included in this RAP.
2.4.1.3 Vulnerable Groups
In line with AfDB’s Operational Safeguards, vulnerable persons were identified during the preparation of this RAP and measures have been proposed to support them during the implementation of this RAP.
2.4.1.4 Implementation, Monitoring and Evaluation
Monitoring and evaluation of the activities set out in the Resettlement Action Plan shall be undertaken by UNR, Local Government leaders and Lead Agencies who will keep the Bank informed of progress. An independent third party will also monitor the implementation of this Resettlement Action Plan, with regular feedback from the affected people.
In accordance with the above AfDB requirements, RAP implementation for Laropi bridge shall take consideration of the following;
1. All project affected persons shall be informed of their rights and available options regarding resettlement, provided with prompt and adequate compensation at full replacement cost for losses encountered to avoid further impoverishment. 2. The RAP implementation team shall also provide assistance in form of transition allowances. Where necessary, support shall be given after displacement for a transition period to facilitate the process of livelihood restoration. This support can be in form of financial literacy, access to micro-credit among others. 3. RAP implementation shall also pay special attention to the needs of vulnerable groups. For the case of this project, the vulnerable groups include; the elderly, women headed households, orphaned children, PWDs and child headed households. However, in the course of RAP implementation, the project sociologist shall define other cases of vulnerability as basing on their professional judgment and intuition.
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4. Compensation should be prompt, adequate and timely to enable quick re-establishment of livelihood and property. 5. Stakeholder engagements and consultations shall be carried out throughout the project cycle 6. Baseline socio-economic census was undertaken as a benchmark for monitoring adequacy of interventions and ensure that the project does not impoverish, but improve PAPs general welfare.
2.4.1.7 The gap analysis between Uganda legislation and AFDB OS and proposed gap filling measures In order to ensure that the RAP for Laropi Bridge project meets the environmental and social policies of AfDB on Involuntary resettlement, a gap analysis was carried out on the relevant national and development partner policies, legislation and guidelines to ensure that appropriate actions in form of best practices suggested in the AfDB guidelines are adopted to fill gaps within the Ugandan laws regarding involuntary resettlement. Some of the key points to note are that:
1. Under the Ugandan laws, the project affected persons are compensated, and affected persons are only eligible for compensation if they have legally recognized rights to the said land. However, the AfDB Operational Standards require that all affected persons should be compensated, regardless of their occupancy status; 2. AfDB standards provide for alternative land where compensation is on a land for land basis, compensation in kind, and goes beyond monetary compensation by specifying that income must be restored at full replacement cost; 3. Under Ugandan laws, the default position is to pay cash compensation rather than prioritize in-kind provisions; 4. Under Ugandan laws, there is no requirement for the provision of supplementary assistance for vulnerable individuals and groups; 5. Under Ugandan laws, there is no requirement for livelihood restoration improvement and managing resettlement as a development initiative; and 6. In addition, perennial crops must be compensated for in cash at an established rate and annual crops shall be compensated for in accordance to AfDB OS guidelines A comparison of relevant Ugandan policies and regulations with those of the AfDB operational standards and how the gaps have been addressed in this RAP is illustrated in Table 1. Since these requirements stipulate adoption of the more beneficial measures for the PAPs, the strategies to deploy to make the project meet these needs have been include;
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Table 1: Gap Analysis; Uganda's Land Acquisition Legal Framework and the AfDB OS recommendations
Objective of Avoid involuntary The MoWT does not have a The AfDB Safeguards Adequate and prompt involuntary resettlement where policy on land acquisition for explicitly requires that compensation will also be resettlement feasible, or minimize roads project or avoiding involuntary resettlement conducted to allow PAPs resettlement impacts where impact, because in the past it should be avoided or at quickly re-instate their lost involuntary resettlement is has relied on the provisions least minimized by property. deemed unavoidable after of the Roads Act (1949 considering alternative all alternative project Section 2) to protect a road project design. designs have been reserve of 15m either side explored; from the centreline. Ministry of Lands is however developing an omnibus Land Acquisition, Resettlement and Rehabilitation Policy which will address most of the potential negative impacts of land expropriation. Eligibility Affected persons, Uganda laws acknowledges 1. The Uganda Laws are The dominant land tenure in regardless of their legal security of tenure, including silent about the project area of the approach rights to land or assets, are customary tenure as a form economically displaced roads is customary land entitled to resettlement or of land holding, therefore who do not have legal or tenure and the occupant are compensation provided entitled to compensation customary legal rights entitled to compensation or they have recognized legal 2. In Uganda, entitlement to resettlement provided legally, rights, or culturally, compensation is based culturally, and locally spiritually, or locally on the amount of rights recognized by the relevant recognized by communities they hold upon the land authority as customary inheritors, (at the discretion of the All PAPs with no formal and provided they would be Chief Government physically displaced, lose Valuer). legal rights to land or access to sources of 3. While those who claim assets, but have a claim to livelihood; or testify that legal occupancy through land that is recognized or they have occupied the bona fide occupancy recognizable under project area of influence at status can be awarded national law will be compensation, the 14 | P a g e
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least 6 months prior to cut- Uganda law requires the compensated for loss of off date tenant to seek consent land for transaction from the land owner (Land Act 34- 3) Consultations Ensure that the people The Uganda law has While the Land Act stresses AfDB OSS will be adopted. All affected by the project and provisions for consultations the need for prior written project affected persons will the host communities are and disclosure of consent in the event of land be informed and will meaningfully consulted at compensation (Land acquisition, the regulations participate in the project cycle; all stages of the project Acquisition Act, 1965) do not require or prescribe timely disclosure of cycle in a clear and resettlement, and information about transparent manner, about UNRA’s LARMS (2019) resettlement assistance; or compensation or resettlement compensation or spells out the need to consultation throughout the options shall be done resettlement package, and undertake stakeholder project cycle; or how host consultations that involve consultation and communities shall be vulnerable groups sensitization at all stages of engaged during project development and resettlement activities. implementation that is, from Investment planning, through pre-feasibility phase, feasibility/primary designs, detailed designs,
compensation and resettlement, construction and post construction phases. Consultations and engagements shall be preceded by the preparation of a stakeholder Engagement Plan (SEP) guide meaningful consultations Resettlement A need to carry out Land Acquisition Act 1965 Uganda Laws require to AfDB OSS was adopted. A Planning comprehensive socio-section 4 – has provision that asses land and assets but comprehensive socio- economic survey including the land assessment officer not a comprehensive social economic survey was carried out along the proposed 15 | P a g e
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a population census and an shall cause the land to be economic study to guide approach roads for Laropi inventory of assets marked out and measured resettlement Bridge. It involved HHs, business owners, tenants, public assets/institutions, Land owners and Vulnerable populations. Cut-off Date The borrower establishes a The Land Acquisition Act Land Act is consistent with Cut off dates will be well cut-off date for eligibility outlines the procedure to AfDB OSS. documented and and disseminates follow in setting disseminated throughout the information about it compensation payment project area. throughout the project area dates for compulsory land in a culturally appropriate acquisition. It includes and accessible manner, publishing the notices in the before accessing, clearing gazette and exhibited at land, or restricting access convenient places on or near the land, stating that the Government intends to take possession of the land and it should state who should be compensated. Grievance In consultations with key 1. Under Article 26 of the Uganda laws recognize the In addition to implementing the management stakeholder groups 1995 Constitution of need for a mechanism to already existing UNRA GRM, (including the vulnerable Uganda, any person who voice their grievances, the project will commit to AfDB communities) the borrower has an interest or right mainly land related OSS that requires establishes a culturally over property being grievances in courts of law establishment of culturally appropriate and accessible acquired compulsorily has and customary authorities. appropriate and accessible grievance and redress ‘’a right of access to a grievance procedure, mechanism to resolve, in court of law’’ However, the laws do not including free access to an impartial and timely 2. Land Acquisition Act 1965 explicitly require that judicial and administrative manner, any disputes - any dispute as to the development project remedies. arising from the compensation payable is implementers develop resettlement process and to be referred to the additional grievance compensation procedures. Attorney General or court redress mechanism, to The Grievance redress for decision. handle a wide range of mechanism should not 3. Uganda Land Act 1998- resettlement related impede access to any The district land tribunals grievances, and that are 16 | P a g e
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judicial or administrative may ‘’ determine disputes accessible to affected remedies (ISS D.3-24 page relating to the grant, lease, communities and 30) repossession, transfer or individuals. acquisition of land by individuals, the (Uganda Land Act 1998) 4. Land Policy (41v) recognize the role of customary institutions in making rules governing land, resolving disputes and protecting land rights Full Resettlement For any project that Displacement resulting from Consequently, no This Full Resettlement Action Action Plan involves 200 or more development project measures are in place to Plan follows the OS Standards person displaced, or activities is not defined in guide how resettlement of the African Development affecting the vulnerable Uganda laws and Policies, planning should be done for Bank. There were 195 affected groups prepare a full except the UNRA groups of affected persons, people in 24 houses plus 59 Resettlement Action Plan Safeguards Volume 3 Social appropriate measures to business owners within the (FRAP), or an Abbreviated and Environmental avoid, minimize or mitigate Right of way and 38 business Resettlement Plan (ARAP) Management Annexes. the impacts of the project. owners outside the RoW- at if the number to be This is partly because linear the landing sites. displaced is fewer than 200 projects hardly involve people large scale resettlement Compensation 1. The 1995 Constitution of 1. The Uganda laws are 1. The Project shall commit to Procedures Uganda requires that consistent with ADB the principle of 1. Affected people are ‘’prompt payment of fair OSS requirements that compensation before land supposed to be and adequate land only be possessed acquisition compensated for all their compensation, prior to the after compensation has 2. Compensation will be done losses at full taking of possession or been paid. at full replacement cost of replacement cost before acquisition of the 2. However, the Land Act structures and market their actual move property’’ is undertaken. does not require that value land. 2. The borrower gives 1. The Land Act 1998 persons with land-based 3. Land-for-land approach preference for land-to- section 78, Land livelihoods are offered will be considered when land compensation owned is to be land-based the road project takes the and/or compensation-in- compensated at open compensation, instead entire land and when land kind cash-in-kind based. market value of the cash compensation replacement is preferred 17 | P a g e
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Displaced people are unimproved land, 3. The Uganda laws differ by the affected person provided with targeted buildings on the land with ADB OSS on how and/or when the affected resettlement assistance are to be compensation rates are person is considered to help them improve or compensated at open computed. The Land Act vulnerable restore their standards of market value (in does not offer the full 4. Should cash compensation living and livelihoods urban areas) and replacement cost be preferred, cash loss beyond pre-project depreciated prescribed by the AfDB, mitigation measures will be levels replacement cost for instead the depreciated devised to enable the 3. Restoration of public the rural areas, and replacement cost for affected person restore facilities, infrastructure, the disturbance rural structure structures and sources of and common property allowance of 15% 4. In place of relocation income resources in suitable and 30%, depending assistance, the Uganda 5. ADB is committed to alternative (D.5-45) 2. The Access Roads Act, law provides disturbance implementing targeted Project attempts to avoid Cap 350 (June 1969) allowance complimentary initiatives the destruction of places provides for mechanism to 5. No legal provision to of cultural and religious restore access road of compensate for loss of significance (D.-50) applying for an access rental and business road to public highway and income, it is assumed a legal regime to ensure that this is covered by the the safety of the disturbance allowance of neighbouring environment 15% or 30% above the compensation value if the compensated persons is given more than six months’ notice to vacate and less than six months respectively. This is intended to help the displaced persons re-establish their livelihoods at least to the standard prior to their displacement. Vulnerability In resettlement planning, The 1995 Uganda The Uganda laws offer The project will commit itself to pay particular attention to Constitution stipulates that: protection of vulnerable all vulnerable populations in vulnerability, including ‘’the state shall take groups from exploitation. the resettlement project cycle, 18 | P a g e
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gender vulnerability, and affirmative action in favour of However, this does not and equitable access to need for their participation groups marginalized on the provide the procedure that resources and control of in resettlement planning, basis of gender, age, should be followed in benefits, through consultations management and disability or any other reason ensuring equity in and sensitization. On a case operations, and in for the purpose of redressing resettlement activities, by case basis, additional livelihood activities imbalances which exist accessing and controlling support will accordingly be against them’’. However, this development benefits, and provided to the vulnerable regulation is not fully they should be consulted, groups. described in the context of engaged or further resettlement or land protected. acquisition Implementation, ADB requires the client to No monitoring and The Uganda laws do not The project will develop a Monitoring and implement M&E in the evaluation procedures are require development monitoring and evaluation plan evaluation resettlement project cycle, prescribed for the project implementers to to ensure that M&E indicators and other sub-component implementation of a develop a monitoring and proposed in this RAP are including grievances, resettlement and location evaluation methodology implemented as proposed and complimentary project contrary to ADB Oss in line with AfDB OSS. programmes, and to undertake periodic reporting
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2.5 Institutional Framework Several institutions shall play critical roles during the process of land acquisition (compensation and resettlement) and actual RAP implementation of the proposed project. These institutions shall among others include line Ministries, the districts of Adjumani and Moyo, lower local governments, NGOs and CBOs. Some of the line ministries include; Ministry of Lands Housing and Urban development for approving compensation rates and packages; Ministry of Gender Labour and Social Development for mainstreaming gender and social development; Ministry of agriculture Animal Industry and Fisheries (MAAIF) for livelihood restoration in areas of agriculture. Within the decentralization frame work, Local Governments will take lead in community mobilization, witnessing verification and disclosure documents and providing general assistance during resettlement process. The project developer will play a critical role during land acquisition, implementation of targeted assistance for the vulnerable people and livelihood restoration measures. These institutions are discussed in detail below; 2.5.1. Central Level
2.5.1.1. Ministry of Lands, Housing and Urban Development The Ministry of Lands Housing and Urban Development (MoLHUD) is responsible for policy formulation, regulation and coordination of matters pertaining to land in Uganda. In Uganda the function of Land management is decentralized by the Land Act to mainly two distinct structures namely; the District Land Boards (DLB) and the Uganda Land Commission (ULC). The District Land Boards (DLB) are responsible for the management of land in the districts and ULC manages all land vested in the Government of Uganda. Within this Ministry, the Chief Government Valuer’s Office deals with valuation of assets in connection with the acquisition of land for public interest and is responsible for approving the Valuation Report. The office ensures that PAPs are fairly and the government also receives a fair deal. Given the Chief Government Valuer’s mandate of approving Valuation reports, this office will be involved in managing grievances related to valuations. 2.5.1.2. The Ministry of Agriculture, Animal Industry and Fisheries It is the responsibility of the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) to provide strategic direction relating to overall rural development through value chain of crops, livestock and fisheries. Since the affected items along the RoW of Laropi bridge include crops and farm lands, the ministry will be relevant during Rap implementation 2.5.1.3. The Ministry of Gender, Labour and Social Development The Ministry of Gender, Labour and Social Development is responsible for the social and economic welfare of the population including cultural affairs, youth, labour and disadvantaged groups. The Ministry is important in ensuring compliancy with cultural heritage. It is also important in giving guidance on gender, management of social risks and general participation of people in project activities through the Community Development Officers of the receptive Local Governments. This ministry will particularly play a very pivotal role in guiding implementation of
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LaropiBridgeResettlementActionPlan proposed tailored measures and assistance to the vulnerable people and gender inclusion during RAP implementation. 2.5.1.4. Uganda National Roads Authority (UNRA) The Uganda National Roads Authority (UNRA) is responsible for managing, maintaining and developing the national road network across Uganda. The Authority is the implementing agency for this project and is responsible for preparation and implementation of this RAP.UNRA has a Land Acquisition and Resettlement Management System (LARMS) that has been prepared to provide a comprehensive guide to the management of land acquisition for UNRA and its suppliers, to clarify the roles and responsibilities of all parties, and to give step by step guidance to the implementation process. Land Acquisition for this project will therefore be in accordance with the UNRA Land Acquisition and Resettlement Management Systems (LARMS) and the Land Acquisition and Resettlement Policy which clearly stipulates the different standards to be followed in Land acquisition from an international best practice perspective.
2.5.1.5 Moyo and Adjumani District Local Governments Since Laropi bridge is to connect Moyo and Adjumani districts, these will be key institutions during implementation of the RAP. The districts will also be instrumental in management of slightly complex land related grievances and the general operationalization of the grievance management system. It will be very crucial in mobilization and making sure everyone who is eligible is compensated. They will also be useful in livelihood restoration programs especially for land landing sites at Laropi and Omi.
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CHAPTER 3: SOCIO-ECONOMIC BASELINE
3.1 Introduction The Socio-economic study for the 1.5km either side connector roads on the proposed Laropi bridge was conducted to determine the current socioeconomic indicators to assist in identifying vulnerable groups and also use them for monitoring.
3.2 Socio-Economic Methodology The Socio- Economic study consisted of the following 1. The household survey using a questionnaire which was administered to all potentially affected households. A business tool that was administered on directly affected businesses in the Right of way. These included both the physically and economically displaced people. Some of the economically displaced persons (38 No) are indirectly affected by the project because they are mainly at the Laropi and Umi landing sites which are outside the right of way; That notwithstanding, all potentially physically and economically displaced households were reached and also interviewed. The questionnaire targeted either the household head and if not available, the spouse. However, in rare cases where either of the two were not available, proxies comprising of adult members of the household were identified and interviewed to provide the required information. 2. Focus Group Discussions were held for different groups which included business persons in Laropi town, women who operate from central markets, boda-boda operators and women operating small enterprises at landing sites. 3. Detailed gender profiling assessments were conducted to document gender dynamics in the affected communities and how they can affect the land acquisition and resettlement process. 4. An assessment of vacant land was also undertaken. Persons with vacant land were particularly targeted because they are likely to be economically displacement. Such persons may not necessarily stay in the project, but undertake some income generating activities on the land they own. This assessment captured the name of the land owners, their telephone contacts, distance of their current areas of residence from their affected plots and current use of the affected plots. 5. An additional assessment of affected enterprises particularly in Laropi and Umi landing sites was also undertaken. Although these are not directly affected by the proposed project, in the context of resettlement planning they will be economically displaced since their businesses are dependent on the ferry operations which will cease after construction of the bridge.
A total of 120 interviews were conducted covering different categories of project affected persons who included;
1. 24 affected households within the ROW
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2. 58 directly affected businesses / enterprises within the RoW
3. The 38 businesses outside the ROW. (Landing sites)
Therefore, this social economic chapter is prepared based on mainly the analysis generated from the household interviews, interviews with business within the proposed Right of Way (ROW). The chapter is organized according to the different categories of respondents mentioned above.
3.3 Socio-economic characteristics of 24 respondents
The socio-economic survey covered all the 24households that are potentially affected by the two access roads on either side of the river. There are 22 households on the Moyo side and 2 on the Adjumani side. The characteristics are shown in the table 2
Table 2: Household social demographic characteristics Characteristics Frequency Percentage Sex of respondents Female 10 43.48 Male 14 56.52 Total 24 100 Relationship to Head 24 11.8 Household Head Spouse 20 10.3 Son/ daughter 101 51.8 Grandchild 20 10.3 Parent of head or spouse 2 1.0 Sister/ Brother of head or spouse 12 6.2 Nephew/ Niece 8 4.1 Other relative 9 4.6 Total 195 100 Marital status Never married/single 45 23.2 Married monogamous 34 17.5 Married polygamous 10 5.2 Divorced/Separated 11 5.7 Widow/Widower 4 2.1 Below 18 years 90 46.4 Total 194 100 Level of education None 16 26.2 Primary seven 15 24.6 Ordinary level 20 32.8 Advanced level 1 1.6 Vocational/diploma/certificate 8 13.1 University level 1 1.6 Total 61 100
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Characteristics Frequency Percentage Ability to read and Easily 77 47.8 write With difficulty 44 27.3 Not at all 36 22.4 Don’t know 4 2.5 Total 161 100 Ethnic group Madi 19 79.2 Lugbara 5 20.8 Total 24 100 Religious affiliation Catholic 18 75.0 Protestant 1 4.2 Moslem 5 20.8 Total 24 100 (Source: Socio-economic field data)
As indicated in the table 3-1 above, construction of the Laropi Bridge and the two access roads on the either side of the river will directly affect 195 PAPs from a total of 24 households which are potentially affected by the project. The average household size in the project area is 8. A big proportion of the household respondents were males (68%) which can be attributed to the fact that, males are majorly the owners of the affected properties.
3.4 Education The socio-economic survey intended to establish the education status of the affected households in the project area. The survey looked onto the level of education attained, ability to read and write in any language and the grades completed
3.4.1. Ability of households to read and write in any language The table above shows the ability of household members to read and write in any language. Almost 50% of the household members can easily read and write in any local language. This requires to invoke the illiterate peoples act during compensation, to use visuals as much as possible, and language choice
Table 3: Ability of households to read and write in any language
Ability to read and write Frequency Percentage Easily 77 47.8 With difficulty 44 27.3 Not at all 36 22.4 Don’t know 4 2.5 Total 161 100 (Source: Socio-economic field data)
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3.4.2 Attendance of formal education for household members Findings from the socio-economic baseline survey show that 53.5% of household members are currently attending school 38.9% attended school in the past while only 7.6% have never attended school. This is also another indicator of illiteracy among the PAPS. The findings resonate with Uganda’s population structure whereby a majority of the population is under 18 years and therefore of school going age. This therefore means that the impact of the project on school attendance could be significant if not well managed. The table below shows attendance of formal education for household members
Table 4: Attendance of formal education for household members
School attendance Frequency Percentage
Never attended 12 7.6
Attended school in the past 61 38.9
Currently attending school 84 53.5
Total 157 100
(Source: Socio-economic field data) 3.4.3 Highest grade completed by household members Among the displaced households, only a third of the members (32.8%) have attained Ordinary level of education. 26.2% started but did not complete any level of education while 24.6% completed Primary Seven (PLE). 13.1% attained vocational certificate while 1.6% of the members attained Advanced level of education and university education. The project can therefore easily recruit work force from within the project area
Table 5: Highest grade completed household members
Grade completed Frequency Percentage None 16 26.2 Primary seven 15 24.6 Ordinary level 20 32.8 Advanced level 1 1.6 Vocational/diploma/certificate 8 13.1 University level 1 1.6 Total 61 100 (Source: Socio-economic field data) 3.4.4 Grade currently attended by household members Of the household members currently at school, a majority 75% are in primary school while 21.4% are in secondary schools. Only 2.4% and 1.2% are in Advanced level and vocational training respectively. Table below shows grade currently attended by household members.
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Table 6: Grade currently attended by household members
Current grade Frequency Percentage
Primary level 63 75.0
Ordinary level 18 21.4
Advanced level 2 2.4
Vocational/diploma/certificate 1 1.2
Total 84 100
(Source: Socio-economic field data) 3.4.5 Management of school attended The socio-economic survey revealed that a majority of household members that attend school (33.3%) study in private schools. 23.3% attend Government schools. Table below shows management of school attended household members.
Table 7: Management of school attended
School type Frequency Percentage
Government 35 23.3
Private 50 33.3
Not applicable 65 43.3
Total 150 100
(Source: Socio-economic field data) 3.4.6 Distance to school The biggest percentage of school going household members 49.5% travel less than 1 Km to access school while 44.4% travel between 1 and 5 Km to access school. Only 6.1% of school going household members travel for more than 5 Km to access school. The table below shows the distance to school travelled by school going household members
Table 8: Distance to school
Distance Frequency Percentage Less than 1km 49 49.5 1 to 5km 44 44.4 above 5Km 6 6.1 Total 99 100 (Source: Socio-economic field data)
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3.5 Migration of the household head, ethnicity and religion
3.5.1 Place of origin household head Findings from the survey revealed that, only 34% of the respondentswere born within the affected villages, followed by those from within the town council (26.09%). 21.74% reported to have originated from within the same district while 17.39% indicated to have originated from another district. Regarding duration of stay, an overwhelming majority of the PAPs (87%) have spent more than 10 years in the present location with only a few (8.7%) having spent between 5 to 10 years in the area while 4.4% have spent less than 5 years. The table below shows place of origin of household head.
Table 9: Place of origin household head
Place of origin Frequency Percentage Another district 4 17.39 This district 5 21.74 This sub-county/town council 6 26.09 This village 9 34.78 Total 24 100 (Source: Socio-economic field data) 3.5.2 Number of years have spent in present location The survey intended to establish the number of years affected households have spent in the present location. It was established that a majority 87% have spent more than 10 years in the current location. 8.7% of the households have spent between 5 and 10 years while only 4.4% have spent less that 5 years in the current location. Table 10 below shows number of years have spent by the households in present location
Table 10: No of years have spent in present location Duration in present location Frequency Percentage
Less than 5 years 1 4.4
5-10 years 2 8.7
More than ten years 21 87.0
Total 24 100
(Source: Socio-economic field data) 3.5.3 Ethnicity of household head Findings from the survey revealed that the affected households are predominantly Madi, 79.2% while 20.8 are Lugbara. As for religious affiliation, the greatest percentage of affected households are catholic 75%, followed by Moslems at 20.8% and only 4.2% of affected households were
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Table 11: Ethnicity of household head
Ethnicity of household head Frequency Percentage Madi 19 79.2 Lugbara 5 20.8 Total 24 100 (Source: Socio-economic field data) There are only two ethnic groups and this should make communication easy.
3.6 Livelihoods sources When asked about the sources of livelihoods for the last 12 months, mostof the PAPs (40%) reported to be deriving their livelihoods from subsistence agriculture; 28.9% from enterprises while 15.56% earn from employment (salary/wage). Other insignificant sources of income in the project area include property income which is mainly from rent got from land or buildings and from sale of assets. It is important to note that no persons reported to have derived any transfers or remittances from others. The findings presented in the table 3-11 are consistent to the results generated from a Focus Group Discussion which sought to understand the most important sources of earnings for households in the past 12 months. It was established that, a majority of the affected households’livelihoods were derived from subsistence farming which is not surprising because the project area is largely rural. The details are illustrated in the table below; Table 12: Source of livelihoods
Source of livelihoods Frequency percent of responses Percent of cases
Property income (rent from land, buildings, 5 11.11 20.83 etc)
Current transfers and other benefits 0 0 0 (pensions, insurance, Remittances and assistance received from others)
Income from sale of assets excluding livestock 2 4.44 8.33
Income from employment (salary/wage) 7 15.56 29.17
Income from Enterprises (Household/None- 13 28.89 54.17 Household based)
Income from Subsistence Activities 18 40 75 (crop/livestock farming)
Total 45 100 187.5
(Multiple responses allowed) (Source: Socio-economic field data) 28 | P a g e
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3.6.1 Welfare indicators
Other secondary sources of livelihoods included property income and wage employment at 12.5% and 8.8% respectively.
Table 13: Source of secondary livelihoods
Secondary source Frequency Percentage Subsistence farming 4 16.67 Commercial farming 2 8.33 Wage employment 2 8.33 Non-agricultural enterprise 7 29.17 Property income 3 12.5 Other 6 25 Total 24 100 (Source: Socio-economic field data) 3.6.2 Household access to regular income Majority of the affected households (62.5%) reported that they have at least a member with access to a regular source of income which signifies economic security. Of these (46.7%) indicated that, they have either one or two members with access to regular income. Only 6.7% had more than two members with regular access to income This shows that majority of households are not economically badly off.
Other welfare indicators are also good. For instance, 100% of household members have at least two sets of clothes and at least 87.5% of the children in the affected households have a blanket. 12.5% of children in affected households do not have blankets and these households could potentially be vulnerable. 83.3% of the households indicated that their members had one pair of shoes while 16.7% of the households did not.
Table 14: House access to regular income
House access to regular income Frequency Percentage
Yes 15 62.5
No 9 37.5
Total 24 100
The nine households without access to a regular income have been identified for further scrutiny as potential vulnerable groups.
3.6.3 Means of transport for the households
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The majority of the affected households in the project area (85.7%) have some means of transport, which is a vehicle, motorcycle, bicycle or canoe or boat. 34.3% of the households reported to own a bicycle, 31.4% had a motorcycle, 11.4% had a boat/canoe while 8.6 owned a motor vehicle. 14.3% of the households did not have any means of transport. Table Table3-14 below shows the means of transport for the affected households in the project area
Table 15: Means of transport for the households
Means of transport Frequency Percent of responses Percent of cases Motor vehicle 3 8.6 12.5 Motorcycle 11 31.4 45.8 Bicycle 12 34.3 50.0 Boat /canoe 4 11.4 16.7 Donkey 0 0.0 0.0 Other 0 0.0 0.0 None 5 14.3 20.8 Total 35 100 145.83 (Multiple responses allowed) (Source: Socio-economic field data)
3.6.4 Means of communication in the project area As for means of communication, the mobile phone, radio and television are the most common means of communication in the project area with 38.2%, 32.7% and 12.7% of the affected houses owning them respectively. Other means of communication include email address at 9.1% and postal address at 1.8%. The project team should make use of these means during implementation accordingly.
Table 16: Means of communication in the project area
Means of communication Frequency Percent of responses Percent of cases Televisions 7 12.7 29.2 Radio 18 32.7 75.0 Mobile phone 21 38.2 87.5 Fixed phone 0 0.0 0.0 Postal address 1 1.8 4.2 Email address 5 9.1 20.8 Other Specify 0 0.0 0.0 None 3 5.5 12.5 Total 55 100 229.2 (Multiple responses allowed) (Source: Socio-economic field data)
3.6.5 Possession of animals
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The finding from the Socio-Economic study indicated that majority of households have at least cattle and goats (79.2% and 83.3% as source of incomes. Animals mostly kept in the affected households are indicated in the table 17.
Table 17: Possession of animals
Animals owned Frequency Percent of responses Percent of cases Cattle 19 27.5 79.2 Goats 20 29.0 83.3 Sheep 3 4.4 12.5 Pigs 8 11.6 33.3 Rabbits 1 1.5 4.2 Donkey/Horse 0 0.0 0.0 Poultry 17 24.6 70.8 Beehives 0 0.0 0.0 None 1 1.5 4.2 Total 69 100 287.5 (Multiple responses allowed) (Source: Socio-economic field data) 3.6.6 Household Source of social assistance during difficult times The greatest majority of the affected households reported to be obtaining social assistance from neighbours, extended family and village SACCOs with 23.9%, 23.9% and 23.9% respectively. Other sources of assistance included; friends (8%) religious leaders (6.5%) and CBO/CSO 4.2%. This means that even with resettlement, affected households shall still need to access the assistance from their neighbours, relatives and village SACCOs. Affected households are likely to face challenges particularly if they resettle in faraway locations and are not able to maintain social ties with their neighbours, friends, relatives and village SACOs. Table 18 below shows Household Source of social assistance during difficult times
Table 18: Household Source of social assistance during difficult times
Source of assistance Frequency Percent of responses Percent of cases None 1 2.2 4.2 Neighbours 11 23.9 45.8 Religious association/leader 3 6.5 12.5 NGO/CBO 1 2.2 4.2 Friends 8 17.4 33.3 Extended family/relatives 11 23.9 45.8 Village SACCO/Group 11 23.9 45.8 Others 0 0.0 0.0 Total 46 100 191.67 (Multiple responses allowed) (Source: Socio-economic field data) 3.7 Household expenditure
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Analysis of the expenditure of affected households revealed that a majority of the households spent mostly on food, school fees, health and energy (firewood, charcoal and gas). Other items that households spent money on include; sugar, scholastic materials, transport, electricity and airtime. Table 19 below shows Household expenditure od affected households in the project area
Table 19: Household expenditure
Household expenditure Frequency Percent of responses Percent of cases
Food 22 16.3 91.7
Sugar 13 9.6 54.2
School fees 19 14.1 79.2
Scholastic material 9 6.7 37.5
Health 17 12.6 70.8
Telephone/airtime/data/OTT 5 3.7 20.8
Water 10 7.4 41.7
Fuel 4 3.0 16.7
Firewood/charcoal/gas 13 9.6 54.2
Kerosene/candle 0 0.0 0.0
Toiletry 1 0.7 4.2
House rent 1 0.7 4.2
Electricity 5 3.7 20.8
Transport 6 4.4 25.0
Alcohol 2 1.5 8.3
Rent 2 1.5 8.3
Other (specify) 6 4.4 25.0
Total 135 100.0 562.5
(Multiple responses allowed) (Source: Socio-economic field data)
3.8 Health households
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3.8.1 Disease prevalence and type of illness Slightly more than half of the affected households (58.6%) reported to have had at least one member of their families suffering from Malaria. Malaria stood out as the most common type of disease suffered by the affected households although a few but rather insignificant diseases were also mentioned such as cough and RTIs (10.3%) and Diarrhoea (6. 9%). Access to health units will be important to new resettlement areas.
Therefore, given that malaria is the most common disease in the project area, during the construction phase, it will be important not exacerbate this situation by leaving open borrow pits which could serve as a breeding ground for mosquitoes. Secondly, affected communities will require sensitization against the dangers of drinking un boiled water to eradicate reported cases of diarrhoea and typhoid. The table below shows disease prevalence in the project area
Table 20: Disease type and prevalence
Illnesses Frequency Percent of responses Percent of cases
Malaria 17 58.6 81.0
Diarrhoea 2 6.9 9.5
Typhoid 0 0.0 0.0
Skin disease 1 3.5 4.8
Cough/RTI 3 10.3 14.3
Pneumonia 0 0.0 0.0
Tuberculosis 1 3.5 4.8
Anaemia 0 0.0 0.0
Meningitis 0 0.0 0.0
Other 5 17.2 23.8
Total 29 100 138.1
(Multiple responses allowed) (Source: Socio-economic field data) 3.8.2 Place of first consultation when sick As indicated in the table below, majority (71.4%) of the affected households seek primary health care services from government health centres (71.4%). 19.1% of the affected households seek heath care services from government hospital while 9.5 sought services from pharmacies or drug shops.
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Table 21: Place of first consultation
First consultation Frequency Percentage
Bought from pharmacy/drug 2 9.5 shop/clinic
Gov’t Hospital 4 19.1
Gov’t Health Centre 15 71.4
Total 21 100
(Source: Socio-economic field data) 3.9 Land ownership and housing conditions Uganda recognises formal and informal land ownership rights. Formal land tenure in the project area includes customary, freehold, leasehold and public land as defined in Uganda’s 1995 Constitution and governed under the Land Act (1998).
3.9.1 Type of Land ownership From the social economic survey, the most common type of land ownership in this area is customary (70.83%) a type of land ownership that is not governed by written law but 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”). A few people own free hold tenure (16.67%), where by the previously customary land transforms into registered land in perpetuity. Only 12.5% of the affected households own the land on leasehold. The results are presented in the table below;
Table 22: Type of land ownership
Land ownership Frequency Percentage
Freehold 4 16.67
Leasehold 3 12.5
Customary/Traditional 17 70.83
Total 24 100
(Source: Socio-economic field data) All these types of tenure have been considered for compensation accordingly 3.9.2 Occupancy status of the land From the social economic survey, the occupancy status of the majority of the affected households is owner occupied 91.67%. only 8.33% of the households rent the land they occupy. Table below shows the Occupancy status of the land 34 | P a g e
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Table 23: Occupancy status of the land
Occupancy status Frequency Percentage
Owner occupied 22 91.67
Rented 2 8.33
Total 24 100
(Source: Socio-economic field data) 3.9.3 Dwelling type Findings from the socio-economic survey reveal that, 24 owner occupied houses are within the proposed access roads corridor. 45.8% of affected structures are of permanent nature while 41.7% are semi-permanent structures. Only 12.5% are of temporary structure. Related to the above, 75% of affected owner occupied structures are made of burnt bricks and cement while 8.4% are made of unburnt bricks and cement while 16.7% are made up of mud and poles.
During preparation of the RAP for disclosure and compensation, it is important to assess feasibility of providing a top up value over and above PAPs compensation entitlements to enable physically displaced households built with temporary and semi-permanent structures to replace them with houses that meet urban standards. Most of the affected houses are located near Laropi trading which has since been elevated into town council status. Therefore, an uplift in form of top-ups to compensation entitlements will be useful to prevent PAPs restoring their structures with temporary or semi-permanent structures that are condemned under the physical planning Act, 2010.
Table 24: Dwelling type
Type of dwelling Frequency Percentage
Permanent structure 11 45.8
Semi‐Permanent structure 10 41.7
Temporary structure 3 12.5
Total 24 100
(Source: Socio-economic field data) 3.10 Water and Sanitation
3.10.1 Access to water Access to improved water supply (i.e. piped, infrastructure-based water) across the country is estimated to be 71% and 67% in urban and rural areas, respectively. Of these, only 26% of the urban population is estimated to have piped water on premises, and less so within informal settlements (MWE, 2016). Among the physically displaced households, 66.7% of the affected houses have access to piped water in form of private yard taps. 29.2% of the affected households 35 | P a g e
LaropiBridgeResettlementActionPlan access water through borehole. During the socio-economic survey, several public stand posts as well as private yard taps were observed by the survey team within the RoW. These need to be relocated without interfering with household access to safe water. The below shows access to water by affected households.
Table 25: Access to water
Source of water Frequency Percentage
Public stand post 1 4.2
Private Yard tap 16 66.7
Borehole 7 29.2
Total 24 100
(Source: Socio-economic field data) 3.10.2 Availability of Toilet facility Latrine coverage at the household level is generally high with most households having access to their own private covered pit latrines (33.3%). 29.2% have access to shared VIP latrine while 25% use private VIP latrines. Only a small minority 8.3% and 4,2% use uncovered pit latrine without slab and covered pit latrine respectively. During the implementation phase, the concerned local governments shall be involved in sensitisation of community members on the need to construct and maintain pit latrines in order to attain the required hygiene and sanitation standards within the project area. Table below shows types of toilet facilities in the project area
Table 26: Type of toilet facility
Type of toilet facility Frequency Percentage
VIP Latrine (private) 6 25.0
VIP latrine (shared) 7 29.2
Covered Pit Latrine (shared) 1 4.2
Covered Pit Latrine (private) 8 33.3
Uncovered Pit Latrine without 2 8.3 slab
Total 24 100
(Source: Socio-economic field data) 3.10.3 Hand washing facilities
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The socio-economic survey also revealed that, more than half of the affected households (61.9%) had hand washing facilities with water and soap. However, 19.1% of the affected households had a hand washing facility with water and no soap. 14.3% of the households had no hand washing facility. This is further illustrated in the table below;
Table 27: Presence of handwashing facility
Presence of hand washing facility Frequency Percentage with water and soap 13 61.9 with water and no soap 4 19.1
No water 1 4.8
No hand washing facility 3 14.3
Total 21 100
(Source: Socio-economic field data) 3.10.4 Source of energy for lighting Solar is most commonly used source of energy for lighting with 41.7% of the households within the right of way having solar connected to their houses. These solar connections are typically low capacity and are used primarily to power lights and charge mobile devices. The rest of the affected households use electricity (29.2) and recharge lamps / batteries (20.8%) while 8.4% use paraffin as indicated in the table below;
Table 28: Source of lighting
Source of lighting Frequency Percentage
Electricity 7 29.2
Paraffin (lantern) 1 4.2
Paraffin (Tadooba) 1 4.2
Recharge lamps/batteries 5 20.8
Solar 10 41.7
Total 24 100
(Source: Socio-economic field data) 3.10.5 Source of energy for cooking Regarding source of energy for cooking, more than a half (56.5%) of the households use firewood for cooking, while followed (43.5%) of the affected households use charcoal.
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Table 29: Source of energy for cooking
Source of energy for cooking Frequency Percentage
Firewood 10 43.5
Charcoal 14 56.5
Total 24 100
(Source: Socio-economic field data) 3.11 Vulnerability assessment
3.11.1 Existence of vulnerable groups in households
Vulnerable groups in the context of displacement are groups of people who by nature of their status may be made more vulnerable by the displacement process. Characteristically, vulnerable groups usually have very few productive assets, they are easily affected even by external shocks and risks (such as resettlement), and have low resilience capability. From a resettlement perspective, vulnerable groups may include people living below the poverty line, the landless, the elderly, women and children-headed households, ethnic minorities, natural resource dependent communities or other displaced persons who may not be protected through national land compensation laws. Cognizant of the need to identify these groups and required measures to support them through the land access and resettlement process, a question was included in the survey tool on the existence of vulnerable persons in a home.
Forms of vulnerability include chronical illness, age and lack access to regular income. The survey results reveal that a majority of the physically displaced household heads do not have any chronic illness. Only two household representing 8.4% were identified to be vulnerable. Although the number is small, it is important that these households are identified and given appropriate extra support they need during resettlement. The number and types of chronic illnesses of the physically displaced households are provided in the table below;
Table 30: Health condition of household head
Household head chronically ill Frequency Percentage
Yes 2 8.4
No 23 92.6
Total 24 100
(Source: Socio-economic field data)
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3.11.2 Presence of orphans in the household The socio-economic survey revealed that, 33.3% of the affected households have orphans while 66.7% did not. Table 3-30 below shows presence of orphans in the household.
Table 31: Presence of orphans in the household
Orphans Frequency Percentage
Yes 8 33.3
No 16 66.7
Total 24 100
(Source: Socio-economic field data)
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DETAILED VULNERABILITY ASSESSMENT
Table 32: Detailed vulnerability assessment
S. No Personal Information of vulnerable Vulnerability captured during socio Current detailed Personal judgement Recommended PAP econ baseline assessment vulnerability description of the PAPs assistance as per (status) vulnerable status entitlement matrix (To
be discussed)
1. Name: DULUA MARY An elderly and illiterate widow An Illiterate widow Vulnerable and in She needs extra support staying with her you 7 young staying with 7 of her need of protection in house construction Age: 80 grandchildren and threated with grandchildren in one from authorities. given her advanced age eviction from the land by in laws. dilapidated grass and young
Sex: Female Can easily be taken advantage of thatched house. She’s grandchildren. during compensation being threatened with Being illiterate, she Marital status: Widowed eviction from land by her needs support to be
No. of children: 8 in-laws and needs able to relocate She needs to identify a protection from relative or trusted child authorities. There is a risk to work with while Education: No education that they may not allow processing her Occupation: Peasant her to obtain her compensation to avoid compensation being taken advantage Affected property: Grass thatched entitlement given that of. House and land holding the in-laws believe the land is theirs. Village: Pakoma East
Parrish:Laropi
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S. No Personal Information of vulnerable Vulnerability captured during socio Current detailed Personal judgement Recommended PAP econ baseline assessment vulnerability description of the PAPs assistance as per (status) vulnerable status entitlement matrix (To
be discussed)
Sub county: Laropi T/C
District: Moyo
Contact: No phone
Picture of vulnerable person
2 Name: Agole Baduru The wife of the household head is a The wife of household The household needs She needs to be provided with a wheel person with disability head named Bako Jainab support during chair. Age: 53 aged 40 is disabled on resettlement. both legs – and moves with a lot of difficulty. She Sex: Male depends on others for The family needs to be help and assistance helped in identification Marital status: married of area for relocation. The area chosen should be close to her kins and No. of children: 10 friends so that they can
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S. No Personal Information of vulnerable Vulnerability captured during socio Current detailed Personal judgement Recommended PAP econ baseline assessment vulnerability description of the PAPs assistance as per (status) vulnerable status entitlement matrix (To
be discussed)
Education: Illiterate continue to provide the social support Occupation: Peasant
Affected property: Grass searched
house and land holding
Village: Laropi
Parrish: Laropi T/C
Sub county: Laropi T/C
District: Moyo
Contact: 0775545440
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3.12 HIV/AIDS
3.12.1 Knowledge about mode of HIV/AIDS transmission People working in road constructions either on short or long –term contracts are increasingly being considered as a “high risk population” because they spend weeks and sometimes months away from their families and homes. Sooner or later, they will satisfy their sexual needs “on the road.” Clearly, this makes them an important risk group for the transmission of HIV/AIDS. Therefore, the socio-economic survey included a set of questions on HIV/AIDS to assess the potential risk of exposure to HIV/AIDS during the bridge and approach roads construction phase. The questions were also intended to assess the level of awareness as a foundation for future prevention programs. Findings show that, generally the knowledge level of the PAPs regarding HIV/AIDS transmission is high on certain aspects and low on others. For instance, 95.83% of the PAPs know that, HIV/AIDS is mainly transmitted through sexual intercourse with an infected person. A big proportion of the PAPs is also aware about HIV transmission through infected needles and syringes. PAPs demonstrated low knowledge on HIV/AIDS transmission particularly in regard to blood transmission (33%) and mother to child (8.33%) as indicate in the table below;
Table 33: Knowledge about mode of HIV/AIDS transmission
Mode of transmission of HIV/AIDS Frequency Percent of responses Percent of cases
Sexual intercourse with an infected person 23 43.4 95.83
Mother to child 2 3.77 8.33
Infected needles & syringes 18 33.96 75
Blood transfusion 8 15.09 33.33
Not sure 1 1.89 4.17
Other 1 1.89 4.17
Total 53 100 220.83
(Multiple responses allowed) (Source: Socio-economic field data) Despite the high knowledge, EIC activities need to continue so that knowledge is transmitted into good practices.
3.12.2 Communication about HIV/AIDS With regards to communicating HIV/AIDS information, the Radio and friends were the mostly used modes of communication with 32.3% of households in the project area using radio while 12.3% pointing out friends as a source of information on HIV/AIDS. Other sources of information on HIV/AIDS include; peers, teachers, religious leaders, television, newspapers, family and posters.
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It therefore important that the appropriate media is used by the Nominated Service Provider (NSP) on the project to reach the target population during project implementation.
Table 34: Modes of communication about HIV/AIDS
Communication mode Frequency Percent of responses Percent of cases
TV 4 6.2 16.7
Radio 21 32.3 87.5
Film 0 0.0 0.0
Drama 2 3.1 8.3
Newspapers 3 4.6 12.5
Brochures 1 1.5 4.2
Posters 2 3.1 8.3 boards 0 0.0 0.0
Family 3 4.6 12.5
Friends 8 12.3 33.3
Peers 4 6.2 16.7
Teachers 2 3.1 8.3
Political leaders 1 1.5 4.2
Traditional leaders 0 0.0 0.0
Religious leaders 4 6.2 16.7
Other(specify) 10 15.4 41.7
Total 65 100.0 270.8
(Multiple responses allowed) (Source: Socio-economic field data) 3.12.3 HIV/AIDS prevention PAPs knowledge level on HIV/AIDS prevention is very high. A very big proportion (95.7%) of the PAPs knew that, HIV/AIDS can be prevented through abstinence, condom use (87%), being faithful to one sexual partner (60.9%) and avoiding use of sharp objects (39.1%). The respondents knew of at least not less than methods of prevention of HIV/AIDS. The details are presented in the table below;
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Table 35: Awareness about HIV/AIDS prevention
HIV/AID prevention method Frequency Percent of responses Percent of cases
Abstinence 22 33.9 95.7
Condom 20 30.8 87.0
Faithfulness 14 21.5 60.9
Avoid sharp objects 9 13.9 39.1
Nothing 0 0.0 0.0
Total 65 100 282.61
(Multiple responses allowed) (Source: Socio-economic field data) 3.12.4 Presence of HIV/AIDS key risk populations in the project area
From the socioeconomic survey findings, 54.2% of affected households acknowledged the presence of most at risk populations in the project area. 16.7% of the respondents observed that most at risk populations were not present in the project area while 29.2 were not sure. The most at-risk communities identified by the affected households include; fish mongers (24.4), bar attendants (21.2%), sex workers (12.1%) and truck drivers (9.1%). Other at-risk populations include; security forces, single mothers without income, migrant workers and drug abusers. The most at-risk populations are presented below;
Table 36: HIV/AIDS key risk populations
Key risk populations Frequency Percent of responses Percent of cases Truck drivers 3 9.1 23.1 Bar attendants 7 21.2 53.9 Sex workers 4 12.1 30.8 Single mothers with income 2 6.1 15.4 Security forces 2 6.1 15.4 Fish mongers 8 24.2 61.5 Migrant workers 1 3.0 7.7 Drug abusers 1 3.0 7.7 School drop outs 1 3.0 7.7 Others (specify) 4 12.1 30.8 Total 33 100 253.9 (Multiple responses allowed) (Source: Socio-economic field data)
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3.13 GENDER ANALYSIS
3.13.1 Introduction to gender issues Land is a critical resource for both women and men in Uganda. It has multiple values and functions, and this overlapping multiplicity makes it even more critical for people’s livelihoods. Land is not only a material and productive resource that enables survival, livelihoods, and agricultural production; it is also a symbolic resource that heavily influences status, and identity. With secure rights to land, women and girls can improve food security, education, health, and economic development for themselves, their families, and the community. Gender equity and equality in land tenure relations is critical for the achievement of the goal and objectives of the national development agenda. Improving women’s access to and control over economic resources including land has a positive effect on a range of development goals, including poverty reduction and economic growth.
Translating policy and legal proclamations into strategic actions to achieve gender equity and equality in land tenure governance, requires the translation of many proclamations and rhetorical statements in various calls for a transformative agenda to move to actions and activities. It also embodies moving beyond the norm of formal land rights to substantive land rights that can be attained in secondary and other forms validated by legitimacy and practice rather than law only. Such a reflective stocktaking of actions and activities that deliver for women and vulnerable groups has resulted in the development and implementation of the “Gender Strategy for National Land Policy Implementation” by the Ministry of Land, Housing and Urban Development in 2016, which aims to establish gender-equality with a view on access to and decision making on land.
UNRA fully supports this process and is committed to ensuring gender equity in entitlements and project benefits throughout its portfolio including but not limited to the land acquisition and resettlement process. Key principles that guide UNRA’s gender equity strategy comprise the following: 1. Including women in the planning, decision-making, and compensation process during the entire land acquisition and resettlement process 2. Promoting women’s and girls’ economic rights and opportunities through programs that build their capabilities and help them to build their livelihoods 3. Supporting vulnerable households, particularly female-headed households and widows 4. Collecting and analysing gender-disaggregated data in the footprint to be acquired, and, 5. Ensuring that women’s rights are protected in particular with respect to compensation for assets by encouraging presence of the household head, spouse and one adult child during disclosure and opening up joint accounts on which cash compensation will be deposited.
In line with UNRA’s gender equity strategy, a gender analysis was conducted during preparation for this RAP through gender disaggregated FGDs using the three gender frameworks namely; 1) Activity Profile, 2) Access and Control profile and, 3) the influencing factors. The purpose of this gender analysis was to understand the dominant development problems, existing opportunities 46 | P a g e
LaropiBridgeResettlementActionPlan and the implication of accessibility limitations to control over economic resources for women and men. This was premised on the assumption that, the greater the gender inequality in project communities, the higher the possibility that women will be in a weak position to benefit from the resettlement process. The outcome of the gender analysis provides measures to ensure that women and men receive equitable compensation for assets and share equitably in the related livelihood support programs. 3.13.2 Gender socio-economic characteristics
3.13.2.1 Gender division of labour The population of Laropi bridge project is of three types; the rural population, the business communities especially the ones in the Right of way and the population at the landing sites. Given that background, the gender analysis identified major specific roles for men and women on access roads to Laropi bridge. The analysis assessed the current gender division of labour, access to and control over resources and found complex gender dynamics as shown in the sections below; 3.13.2.2 Productive roles Based on a set of questions in the gender analysis tool, it was established that, both women and men in Laropi get involved in productive activities although their involvement varies in many ways. The female-dominated productive activities largely are landing site- related activities that include; Fish vending (buying and selling of fish; fresh and dry fish) operating small makeshift restaurants operating kiosks (general merchandise) operating road side stalls that sell food stuffs such “manadazi”, fried cassava yellow bananas etc). It was discovered that landing site fish vending and eating places business were exclusively for women.
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Plate 1: Some involved in fish business
This implies that if the project affects the landing sites business, women will be the most affected. Other than landing site activities, women were involved in the central market business, mat making from papyrus and production of local brew.
The Focus Group Discussions revealed that the biggest household burdens are carried by the women in the project area. They are responsible for the payment of school fees for school going children, provision of food, medical care and generally taking care of the welfare of household members. The women engage in petty trade, brewing and other activities to sustain the wellbeing of their household members. This implies that the project displacement impacts on livelihoods will significantly affect not only the women involved; but the entire welfare and livelihood of affected households.
The male- dominated activities at Laropi bridge include fishing, sale of fish after fishing but not on stall, boat transportation (transporting people and goods), hawking and boda- boda business. Other than landing site activities, men were involved in stone quarrying activities. Earnings obtained from these activities are largely spent on drinking and on other women by a vast majority of men leaving the women to bear the household burdens.
It was found out there are activities in which both men and women participate include; farming (especially cultivating sweet potatoes, beans and rearing of livestock, papyrus related activities
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although this was paramount in the rural set up. In the urban setting, both men and women were involved in businesses of different types and sizes. Both men and women were members of saving groups – Financial groups and could access credit on their own. This implies that, both men and women have access and control opportunities over economic resources within their households.
3.13.2.3 The reproductive roles From the gender analysis, both men and women participated in paying school for the children although the women were more likely to spend higher on school fees. Regarding reproductive roles, almost all activities relating to care and maintenance of households and childcare which include washing, cooking, taking care of the children and taking care of the sick are performed by women and girl children. 3.13.3 Gender based Violence
Gender-based violence is violence directed against a person because of their gender. Both women and men experience gender-based violence but the majority of victims are women and girls. Gender Based Violence (GBV) is a universal reality existing in all societies regardless of income, class, and culture. An estimated one in three women worldwide has been beaten, coerced into sex, or otherwise abused in her lifetime. Respondents from project area indicated that there are no cases of physical fights (87.5%) at household level. Although the numbers who reported the existence of GVB is small (12.5% 3), it is an indicator that it exists and will need targeted programs which may include; sensitisation of spouses on usage of compensation, encouraging spouses to open joint accounts and minimising misuse of compensation through financial literacy trainings to combat it during RAP implementation.
3.13.3.1 Resolution of family disputes/problems A majority of the affected households (79.2%) indicated to be having persons or institutions from whom they seek assistance when they have family problems or disputes while 20.8% did not have any person or institutions to help them resolve family problems. Such assistance was mostly sought from family members (26.1%), LC 1 (23.9%), friends (13%), religious leaders (10.9%) and Police (8.7%). Other sources of such assistance include; spouses (6.5%), counsellors (6.5%) and political leader (2.2%). This means that even with resettlement, affected households shall still need to access their social networks for such assistance. Affected households are likely to face challenges if they resettle in faraway locations and are not able to maintain social ties. Sources of social assistance is detailed in the table below;
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Table 37: Source of social assistance
Source of assistance Frequency Percent of responses Percent of cases
Spouse 3 6.5 15.8
Friend 6 13.0 31.6
Family members/relative 12 26.1 63.2
Religious leader 5 10.9 26.3
Political leader 1 2.2 5.3
LCI 11 23.9 57.9
Village SACCO/group 0 0.0 0.0
NGO/CBO 0 0.0 0.0
Counsellors 3 6.5 15.8
Police 4 8.7 21.1
Other Specify 1 2.2 5.3
Total 46 100.0 242.1
(Multiple responses allowed) (Source: Socio-economic field data) NOTE: These people (Table 3-35) and institutions will be key in conflict resolution and grievance management.
3.14 Socio-economic survey of the business premises
3.14.1 Type, ownership and impact of the approach roads on the affected business The construction of Laropi Bridge and the associated access roads will affect several businesses that fall within the right of way. Socio-Economic survey established that the proposed approach roads corridor has got varying levels of business that will be significantly affected during land acquisition and eventual construction of the road. The upgrading of the road will displace and at the minimum interrupt the daily running of these businesses which might lead to loss of customers and incomes
Table 38: Number and Different Types of affected business in the road corridor
Type of business Number Percentage Garage for Motorcycles, bicycles 3 5.2 Hotel /Eating place/Restaurants 6 10.3 Lodge 1 1.7 Mobile Money 1 1.7
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Office space 1 1.7 Others (Spare parts) 12 20.7 Private Health Facility 1 1.7 Repair workshop (Electronics) 2 3.5 Retail shop 11 19.0 Saloon 4 6.9 Stationery shops 1 1.7 Welding 2 3.5 Total 58 100
3.14.2 Characteristics of The Affected Businesses in the road corridor
3.14.2.1 Number and type of ownership Further analysis revealed that (81.0%) were individual businesses, 10.3% owned through partnership, 5.2% family businesses and 3.5% operating limited companies will be affected by the approach roads for Laropi bridge as indicated in the table below.
Table 39: Number and type of ownership
Frequency Percentage Family Business 3 5.2 Individual Business 47 81.0 Limited Company 2 3.5 Partnership with others 6 10.3 Total 58 100
3.14.2.2 Anticipated Impact of the project on businesses The respondents were asked on how the project would impact on the business and they provided multiple answers as shown in the Table 40.
Table 40: Respondents’ opinion on how the project will affect their businesses
Extent of impacts Frequency Percent of Percent of responses cases
Physically destroyed-100% 30 28.9 51.7
Physically displaced-Partially 19 18.3 32.8
Loss of physical access to business 13 12.5 22.4
Loss of customers 34 32.7 58.6
High rental costs at new location 5 4.8 8.6
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Extent of impacts Frequency Percent of Percent of responses cases
Loss of access to necessary services/materials to 0 0.0 0.0 conduct
Others 3 2.9 5.2
Total 104 100 179.3
Findings presented in Table 3-38show the anticipated impact of the project on the businesses in the right of way for the approach roads for Laropi bridge. A total of 30 businesses are going to be physically destroyed, 19 of them shall be partially physically destroyed, 13 shall lose physical access, 34 loss of customers, 5 feared that, they are likely to experience high rental costs at new locations whereas 3 were in the category of others. As a livelihood restoration measure, support will be given to all the business owners who will be affected by the project in different ways with tailored measures commensurate to the magnitude of impact Some of these businesses that are likely to be physically destroyed either fully or partially by the project were further assessed through FGDs to understand their preferred livelihood replacement choices like provision of employment, training in income diversifications and details are discussed in chapter 6 (Livelihood restoration and improvement). Similarly, even the rest of other business have been assessed to verify their claims that, they also need to find new locations as they expect a significant drop in income as their present access road etc. Findings from the assessment revealed that some of these enterprises have the capacity to self- resettle while others shall require some level of support from the project to do so.
3.14.2.3 Years of operation in current business location Findings from the survey revealed that out of 58 business operators, 44.8% have spent less than 6 years working in their current places of operation, whereas 43.1% business have been on their locations between 6 to 20 years. 12.0% out of 58 have been on their location between 21-45 years. This implies that most of the affected business owners are largely stable in their areas of operation. It also implies that the businesses that are likely to relocate temporarily as a result of the project may significantly be affected since they are not used to frequent movements.
3.14.2.4 Formality of business operation One of the key objectives of the survey was to classify the different affected businesses operating on the different approach roads for Laropi bridge. This was aimed at establishing the number of businesses that are either formally or informally operated. Formally operated businesses are those that are registered by the government of Uganda and have all the legal prerequisites that qualify a business while the informal ones are the ones which operate without any legal recognition. The performance indicators used included payment of taxes by the affected businesses to the relevant local governments. From the social economic assessments, it was established that 20.4% said that their businesses were registered therefore operating formally whereas 79.6% were not registered hence operating informally.
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All the businesses identified along the approach roads of Laropi Bridge and in Laropi Town Council are classified as small businesses based on the definition adopted from Public Procurement and Disposal Authority of Uganda (PPDA). According to PPDA, a small business / enterprise can be defined as an enterprise which employs a maximum of 50 people; annual sales/revenue turnover of maximum Ugandan shillings 360 million and total assets of maximum Ugandan shillings 360 million. According to the socio-economic data, none of the affected businesses was established to be operating beyond the stated ceilings with majority of the businesses actually operating much lower than the stipulated ceiling. The average total sales and profits of businesses per day, per week, per month and year are illustrated in the table 41.
Table 41: Average total sales and total profits of business
Timing Number Average Total sales Average Total profits
Daily 30 185,467 58,467
Weekly 4 920,000 366,667
Monthly 22 3,829,524 673,095
Annually 2 5,280,000 4,750,000
3.14.2.6 Whether Business pays rent or not Findings from the socio-economic survey show that, majority of the affected businesses (30/51.7) pay rent to be able to work in their current work locations. Only 28/48.2 businesses reported not to be paying rent at the time of the assessment. However, the businesses that pay, the average amount of money they pay per month is 75,833 UGX with a minimum reported rent of 20,000 and maximum of 260,000 UGX per month. When asked how many more months they had paid in advance for rent at the time of the survey, the average period reported was half a month (0.5) which is good indicator regarding the performance and profitability of the businesses. As a livelihood restoration or improvement measure, renters shall further be assessed to determine those that can be supported during the transition particularly those that shall be physically destroyed or partially destroyed
Table 42: Payment of rent
Rent payment Number mean p50 min max
Amount 30 75,833 70,000 20,000 260,000
3.14.2.7 Whether Businesses employ people Out of 58 businesses that are going to be affected, 32/55%, in addition to household members working in the business, each employs an average of 3 permanent workers, who are paid on average UGX 111,316 per month and average 3 temporary workers who are paid an average of
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125,000 shillings per month. Destruction of these will lead to loss of employment hence affecting their livelihoods
3.14.3 Number and Different Types of affected businesses outside the road corridor
There are businesses whichare not located in the footprint of the proposed approach roads to Laropi bridge and therefore not directly affected, but operate within the project zone of influence. These enterprises totalling 38 in number are mostly informal. These enterprises operate from the current landing sites of the ferry in Umi on the side of Adjumani district and Laropi on the side of Moyo. They are presented in the table below.
Table 43: Number and Different Types of affected businesses outside the road corridor
Type of Enterprise Frequency Retail shop 11 Hotel/eating place 10 Fuel vending point 2 Bar 4 Fish stalls 11 Total 38 The main customers for these enterprises are the ferry passengers; thus, all of them are highly dependent on the ferry operations. Therefore, although the construction of the bridge is likely to introduce new opportunities in the project area, the replacement of ferry operations with a bridge will take away all their customers, which will greatly affect the economic viability of these enterprises. Most of the enterprises operate informally and at a small scale. For that reason, a big number of them do not employ permanent workers that are paid on a monthly basis. Thirty-four (34) enterprises are individually owned while the other 4 are owned as partnerships. Nearly all affected enterprises do more than one business. Although these are not directly affected by the proposed project, in the context of resettlement planning they will be economically displaced since their businesses are totally dependent on the ferry operations which will cease after construction of the bridge. The main interest in this group is to propose livelihood restoration programs for them
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CHAPTER 4: POTENTIAL IMPACTS OF THE PROJECT
4.1. Introduction IFC performance standard 5 to which AfDB also subscribes recognises that project related land acquisition and restrictions on land use can have adverse impacts on communities and persons that use the land. According to this performance standard, involuntary resettlement should be avoided and if not possible, then the affected people should be compensated for loss of assets at full replacement cost. Impacts can be both physical and economic.
The land and asset survey resulted in the development of a strip map and an asset inventory that documented all affected land plots, structures, sources of livelihoods and other assets as well as their owners in all the 2 affected villages traversed by the project. These were documented as the potential impacts of the project that will be compensated as illustrated in the tables below.
Table 44: Potential Impact on structures
Affected structures Number
UMI
1 Permanent structures 1
2 Temporary structures 1
LAROPI
3 Permanent structures 27
4 Semi-Permanent structures 17
5 Temporary structures 19
6 Pit latrine 11
7 Washrooms 9
8 Kitchen 4
9 Classroom blocks 2
10 Graves 5
11 Total 96
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Table 45: Potential impacts on sources of livelihood: affected business in the road corridor
Type of business Number
Garage for Motorcycles, bicycles 3
Hotel /Eating place/Restaurants 6
Rental tenements 13
Lodge 1
Mobile Money shop 1
Office space 1
Spare parts shops 12
Private Health Facility 1
Repair workshop (Electronics) 2
Retail shop 11
Saloon 4
Stationery shops 1
Welding 2
Total 58
Table 46: Potential impacts on sources of livelihoods at landing sites
Type of Enterprise Frequency
Retail shop 11
Hotel/eating place 10
Fuel vending point 2
Bar 4
Fish stalls 11
Total 38
Table 47: Potential impact on land Affected land No. of owners
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Total acres 24.901 Undeveloped land 18 Land under farming 42 Number of land owners 50
Table 48: Impacts on other assets Perennial crops 278 Poultry sheds 4 Small production businesses (makeshifts, temporary 19 sheds)
Table 49: Impacts on other Physical Culture resources Name of the PCR Arra Rock in Arra Central village in Adjumani 1 Total 1
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CHAPTER 5: COMMUNITY PARTICIPATION AND STAKEHOLDER ENGAGEMENT
5.0 Introduction Public consultations and engagements are live and continuous activities that must be carried out throughout the project life. This chapter presents the approach and outcomes of the various consultations and engagements regarding the proposed construction of the Laropi Bridge and the associated approach roads. This is consistent with the AfDB operational guidelines that explicitly recommend that the affected population and host communities should be involved in the design of the resettlement plan, based on the principle of open, inclusive, meaningful and effective consultations. It also resonates well with the UNRA’s Environment and Social Management System (ESMS), Land Acquisition and Resettlement Management System LARMS (2019) which advocates for participation through information dissemination. Public consultations and participation are given high priority to enhance the voice of the affected communities and ensuring that, all stakeholders’ views are incorporated into the resettlement planning process. The Ugandan laws and AfDB performance standards place emphasis on consultations to ensure that all stakeholders and particularly project affected people (PAPs) participate in the planning process. Therefore, during this RAP preparation activities, consultations were undertaken with various stakeholders. The consultations served to create awareness on the proposed Laropi bridge, its likely impacts and to obtain broad community and other stakeholders’ support towards the project. 5.1 Objectives of consultations and participation AfDB Safeguards standards require that project affected persons are meaningfully consulted and given opportunities to participate during planning and implementation of resettlement programs. In line with this requirement, UNRA officials engaged stakeholders to seek, receive, and impart information about all the activities of the proposed project that could affect them. Therefore, stakeholder engagements were conducted mainly to share project related information as well as receiving feedback on the different project processes with a view to enlisting project acceptability, reduce the potential for conflicts, minimize the risk of project delays, and enable UNRA to address important community issues.
Specifically, the objectives of consultations were; 1. To share information with stakeholders about the proposed Laropi bridge project, its components and generating a good understanding of the project. 2. To capture the concerns, fears and views of stakeholders on the likely impacts associated with the project. These could be physical, economic, social, and environmental impacts and the proposed mitigation measures. 3. To provide information on the various options of compensation or relocation assistance, and to receive feedback on their preference, risks, and mitigation measures. 4. To popularise the project grievance redress mechanism 5. To seek stakeholder collaboration, cooperation, and participation in the RAP preparation and implementation cycle
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6. Enable affected communities to provide views and proposals for the mitigation measures especially the restoration of livelihoods of the business communities at the landing sites. 5.2 Methods of Consultation and Participation Stakeholder consultations and participation was and will continue to be guided by the institutional and policy framework highlighted in section 2 of this RAP. To realize the key tenets of the AfDB operational safeguard standards, many of which, have been incorporated in UNRAs E&S policy, effort was made to ensure that all relevant stakeholders were consulted and actively participated in the process. The operational approach for this RAP thus involved;
1. Consultative meetings
Consultative meetings were organized and attended by different categories of people that included political leaders, technical teams and representatives of special interest groups including people with disabilities, the youth and people living with HIV/AIDS among others.
2. Key Informant Interviews
Key informant interviews were conducted to gather information from communities, key officials in MDAs Districts and Sub-counties. Additionally, information was also sought from religious, opinion leaders and other community members based on their knowledge on subjects of interest. Categories of Key Informants included the Chief Administrative Officers, LCV Chairpersons, District Natural Resources Officers, District Environment Officers, District Community Development Officers, District Land Officers, District Engineers, District Physical Planners and District Water Officers.
3. Focus Group Discussion
This technique involved a small group of respondents (usually 6-10 respondents) who were interviewed together in a common location. The interviewer led the discussion and ensured that every person had an opportunity to respond. Focus group discussions were held with women, business owners including bodabodas.
4. Structured interviews
Primary data was collected by interviewing members of the sample population. The structured interview method was used to collect household data with the aid of a structured questionnaire.
5.2.5 Stakeholder Identification and Analysis During the reconnaissance of the proposed approach roads for Laropi bridge project; the RAP team identified a number of stakeholders to kick start the stakeholder engagement process that resulted into generation of a list of key stakeholders. A stakeholder identification matrix was used to identify and analyse all the stakeholders that will be involved, affected and those that will play a crucial role in the implementation of project. Stakeholders were identified and analysed according to their responsibility, influence, proximity, dependency, representation, and policy and
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LaropiBridgeResettlementActionPlan strategic intent. Project (refer to table 50). Following a successful process of stakeholder identification and analysis, a Stakeholder Engagement Plan (SEP) was developed to guide further engagements with the identified stakeholders.
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Table 50: Stakeholder Identification and Analysis Matrix
Stakeholder Stakeholders Mandate /Interest Influence on the project Expectations Level of category influence (H, M, L) Community Directly Affected 1. Sustainability of4. Can influence the7. Getting prompt High within the RoW Persons, their livelihoods and pace of implementingand fair compensation for identity project activities all property (Households, 2. Fair 5. Can influence the1. Restoration of their farmers compensation for mode of compensation livelihood business land and property 6. Can influence level2. Security of community 3. Loss of social of acceptability and publiclivelihood, tenure and food ties/support networks interest in the project security 3. Assistance for vulnerable households Indirectly Business 1. Livelihood Can influence level of1. Livelihood Medium Affected communities at restoration or acceptability and publicrestoration or Persons Laropi and Umi enhancement/ support for the project enhancement landing sites- outside employment RoW opportunities
Local Adjumani and Moyo1. Management of1. Can influence the timingCompliance with RAP, High Governments District; political public services for project monitoring andcommunity development leadership and2. Sustainable evaluation (M&E) of RAPplans, livelihood Technical Planning development outputs implementation restoration plans, Committee, (TPCs) 3. Mobilisation of2. Can be involved incompliance with valuation community support grievance management district rates of 3. Compensation for publicInvolvement during and communityvaluation infrastructure Development AfDB 1. Compliance to1. Can influence1. Full compliance High Partners international best compliance withwith international practices and international beststandards and best standards practices and standards practices
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Stakeholder Stakeholders Mandate /Interest Influence on the project Expectations Level of category influence (H, M, L) 2. Provision of2. Can influence required funding for provision of budgetary road construction allocations to ensure 3. Provision of compliance transaction advisory3. Can influence hire of services consultancy services to 4. Monitoring and monitor and evaluate Evaluation compliance
Central Ministry of Gender,2. Sustainable 5. Can influence the8. Prompt and Fair High government Labour and Social development pace for implementingCompensation for PAPs Development 3. Protection of human project activities and Restoration of livelihoods (MGLSD) rights and vulnerable entitlements. and special assistance for groups and security of6. Can influence vulnerable groups livelihoods nature, magnitude and1. Employment 4. Labour rights and level of considerations to priority to be given to justice at work be provided for vulnerable PAPs. social groups 2. 7. Can influence implementation of the local content Act 1 on the project.
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Stakeholder Stakeholders Mandate /Interest Influence on the project Expectations Level of category influence (H, M, L) Other Government1. Compliance with4. Can influence preparation5. Compliance with High Agencies (NEMA, the national laws and of the required mitigationthe national law NFA, MPs of affected guidelines documentation and its6. Implementation of areas) 2. Provision of compliance proposed mitigation required approvals to Can influence pace ofmeasures operate implementing project 3. Benchmarking activities best practices Uganda 1. Design 6. RAP 11. Can influence the 15. Complete project High National Roads Engineers implementation pace of project excellently and on Authority 2. Surveyors 7. Complete implementation time, while (UNRA) 3. Valuers project on time 12. M&E of RAP ensuring effective 4. Sociologists 8. Supervise the 13. Protection of rights implementation of 5. Data Contractor of vulnerable livelihood managers 9. Grievance groups restoration or Community Liaison management 14. Can influence enhancement 10. Stakeholder construction quality measures etc. engagements implementation CSOs and other16. CARE 20. RAP 25. Can influence the 29. Complete project High key non-state Uganda implementation pace of project excellently and on actors 17. NURI (DRC21. Complete implementation time, while and RAU project on time 26. M&E of RAP ensuring effective 18. Infectious 22. Supervise the 27. Protection of rights implementation of Disease Institute Contractor of vulnerable livelihood 19. CEFORD 23. Grievance groups restoration or management 28. Can influence enhancement 24. Stakeholder construction quality measures etc. engagements implementation
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5.2.2 Engagement Methodology Employed Different consultation methodologies were applied during stakeholder engagements with district leadership and the local communities. The methodologies included consultative meetings at district level, Focus Group Discussions, Key Informant Interviews, public consultations and one on one engagements.
5.2.2.1 District Consultation meetings The Political and Technical Leaders were mobilized for the consultative meetings at the district headquarters. The meetings were attended by both political and technical teams; the categories of the participants were District Technical Committees, (TPC) District Executive Committees (DEC) District Councillors and Resident District Commissioners (RDCs)
5.2.2.2 Community meetings Individuals residing in the proposed Right of Way of the approach roads were invited to the meeting in their community venues where they always hold village meetings. The meetings discussed issues relevant to their community in regard to the proposed project. The meeting were held in the presence of community leaders and LC1 Chairpersons who mobilized the meeting.
Plate 2: Community meeting with business owners in Laropi
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Plate 3: Local community engagements in Umi (onleft) and Laropi (On the right)
5.2.2.3 Focus group discussion Focus Group Discussions were conducted targeting different gender categories, one was held for men alone and another one for women alone at the landing sites. Another category of stakeholders engaged in group discussion was group of youth, more especially Boda-boda operators, women, market vendors of Laropi in Moyo district and Community leadersofUmi rock which is perceived as PCR. A focus group discussion guide was used to enable the team capture issues of pertinent nature.
Plate 4: Series of focus Group discussions held
5.2.2.4 One on one consultations A number of stakeholders were consulted one on one basis so as to ascertain the different kinds of impacts and perhaps their views about the project. These included the Community Development Officers, Senior Assistant Secretaries, Chairperson LCIII Laropi Laropi Town Council among others.
5.3 Key information disseminated to the project affected communities
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The RAP team developed talking points which were used to guide the engagement teams to disseminate information and to disclose important project related information. Although the content would slightly differ depending on the type of stakeholder being engaged, the project team always provided the following information in all public consultations and sensitization meetings 1. The proposed project, its components and the approach roads 2. Potential positive and negative impacts of the project. 3. Proposed mitigation measures of the potential negative impacts 4. Key aspects to consider during livelihood restoration /Compensation. 5. Land tenure system 6. Property ownership 7. Family setups- monogamous families 8. Vulnerability 9. Physical Cultural Resources Relocation of graves yards
10. Social issues considered 11. Child labor 12. Defilement and school dropouts 13. Escalation of infectious diseases such as HIV/AIDS 14. Gender Based Violence (GBV) 15. Traffic and safety issues 16. Physical cultural Ressources (graves, shrines, cemeteries, spiritual sites etc.) 17. Issues of vulnerable groups 18. Livelihoods 19. Access issues 20. Community Health and Safety Issues 21. Drug abuse 22. Poor treatment of women 23. Environment Issues 24. Protection of the wetland- Swamp 25. Roles and responsibilities 26. For project team 27. For the different stakeholders 28. Grievance Redress Mechanisms
5.4 Stakeholder Engagements Conducted for Laropi Bridge The AfDB operational safeguards standards and Government of Uganda guidelines require that, the people likely to be affected by a development project should be consulted so that their views and concerns are incorporated into development planning. Early consultations with all stakeholders also provide an avenue for an open and constructive dialog. UNRA RAP team conducted a number of stakeholder engagements guided by the following engagement principles.
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3. Two-way so that both sides can exchange views and information, to listen, and to have their issues addressed; 4. Gender-inclusive through awareness that men and women, the youth and elders as well as different strata of society often have differing views/needs. 5. Localized to reflect appropriate timeframes, context, and local languages. 6. Documented to keep track of who has been consulted and the key issues raised; 7. Ongoing (i.e., providing information on the next meeting and providing avenues of what stakeholders can do and whom they can contact to get more information etc. or ask for a meeting etc.). Guided by these core engagement principles, the RAP team engaged different stakeholders presented in the table below;
Table 51: Summary of key stakeholder engagements conducted for Laropi bridge project
DATE ENGAGEMENT TYPE OF ENGAGEMENT
6-08-2020. Engagement at Adjumani Initial engagement informing the top District District head quarters leadership about the proposed Laropi bridge and proposed stakeholder engagement
7-08-2020 Engagement at Moyo Initial engagement informing the top District District head quarters leadership about the proposed Laropi bridge and proposed stakeholder engagement
8-08-2020 Engagement at Laropi Initial engagement informing the sub county Town Council with the leaders about the proposed Laropi bridge in their Town council staff community and proposed stakeholder engagement
9-08-2020 Stakeholder engagement Engagement with the community and Town with Laropi community at Council political and technical stakeholders Laropi Town Council
10-08-2020 Stakeholder engagement Engagement with business community in Laropi with business community town
11-08-2020 Engagement with the Engagement with Boda-boda operators, the youth, major facilities Parish priest for Holy Trinity church and Primary owners within the right of school in Laropi Town way in Laropi Town
12-08-2020 Engagement with Utility Engagement with UMEME offices and water service providers in Moyo offices in Moyo town District
13/08/2020 Engagement with the Engaging with the Market women in Laropi daily market vendors and Market and men who own businesses in Laropi business men in Laropi Town. town
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14/08/2020 Focus Group Discussion Focus Group Discussion with business women in Laropi and UMI landing sites, engagement with the PAPS in the RoW for the approach roads in Logubu South -Laropi side
15/08/2020 Focus group discussion Focus Group Discussion with community leaders and landlords of the Umi rock which is perceived as the Physical Cultural Resource (PCR)
Plate 5: RAP team in a meeting with Chairman LCV- Adjumani district
5.5 Community Concerns and Mitigation Measures
Table 52: Summary Community Concerns and Responses
Concerns from ISSUE/CONCERN RESPONSE/ PROPOSED participants MITIGATION
The current status of using the ferry to The issue of insecurity will be cross River Nile at Laropi- Umi has handled at the national level. The Security concern been a strong security factor. With the Government will be in charge of construction of the bridge, there will the security of the place like any be issues of insecurity from the other area in the country. neighbouring countries for example attackers from Sudan to Uganda
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Concerns from ISSUE/CONCERN RESPONSE/ PROPOSED participants MITIGATION
Project duration This is a long- waited for project. The The project is the preliminary stakeholders have fears that the stages and a number of studies project will take so long to start. When are being conducted to inform the will the project start? What should design and further actions. The leaders tell people about the proposed commencement date is not yet project in terms of time of fixed. commencement
Designs and Construction of Laropi bridge will not The design team to be informed of concerns on other only serve West Nile region but the this view and concern. road projects entire nation. In fact, it should not be
looked at as a national project but a continental project. It is not only Yes, it is conceivable. Currently connecting Sudan and Congo but also UNRA has got many projects Central African Republic. It will also which were once proposals. Even enhance the Cairo Cape town the Moyo- Atiak road was once a highway. Will the design of the bridge proposal but is now being worked take into consideration the wider upon, the proposed bridge will picture of the beneficiaries of the also be worked on. The design proposed bridge? team to be informed of this view and concern. If Moyo -Atiak road has been in a bad condition for long, is it conceivable that the bridge of that nature can be constructed on laropi? The construction of Moyo-Atiak- and proposed construction of We want the design of the bridge be in Laropi-bridge are two independent such way that it can allow boats to pass projects. The proposal of Laropi under the bridge. We used to have boat bridge will not cancel the engines on this river. proposed Atiak- Nimule Road project. Will it be possible We have been hearing about the proposed The engineering team will construction of Moyo- Atiak road by harmonize the approach roads UNRA? Now UNRA is again talking of and the Moyo- Atiak road to avoid construction of the bridge at Laropi. the loss since the approach roads will be diverted from the current Does this mean that the proposed road road was cancelled? Is there a way of harmonizing this current road works from Moyo, Laropi up to Atiak so that it can easily connect to the proposed bridge and build some of the town roads of Laropi?
Compensation and Will they compensate only the affected All land in in Uganda is worth valuation. households or even the agricultural some money, so every land has land and grazing areas? value and all will be assessed and compensated accordingly.
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Concerns from ISSUE/CONCERN RESPONSE/ PROPOSED participants MITIGATION
If the road construction affects the The owners of the rock will be rocks, will the rocks be compensated? compensated. Fear of inadequate compensation to The assessment of affected enable the PAPs replace their properties will be conducted as property. guided by the methodology that was developed and approved by
the Chief Government Valuer (CGV). The key intention of the methodology is to ensure that assessments are conducted based on the principle of full replacement cost. Other uplifts in form of targeted assistance to vulnerable households and support for livelihood restoration or enhancements shall be provided to affected household on a case by case basis.
Restoration of When the bridge is diverted from the A thorough study will be livelihoods. current landing sites, the economic conducted on the business activities at the landing sites will be communities and the appropriate disrupted e.g eating places, kiosks, dry actions will be done for the and fresh fish vendors, motor boat affected persons. transport and boda-boda all will be affected and people will automatically lose livelihoods. What plans do you have for such people since it’s the source of fees and food?
Job opportunities Will the local community benefit from UNRA always tasks the job opportunities during the bridge contractors to employ people from construction? the local communities especially for non-skilled and semi-skilled labour.
HIV/AIDs There is the risk of HIV/AIDS UNRA will engage a Nominated prevalence increasing in the area when the Service Provider (NSP)to manage construction starts. How is it going to awareness raising about be handled? HIV/AIDS in the project area to mitigate against the spread of HIV/AIDS in the project area
Fatherless There is a likelihood of Chinese The project will undertake children. fathering babies within the community adequate sensitization of both the and leaving them behind at the end of community members and the the project. What will UNRA do about project workforce to mitigate this issue? against this issue. The project
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Concerns from ISSUE/CONCERN RESPONSE/ PROPOSED participants MITIGATION
may not necessarily be implemented by the Chinese company but the sensitization will cover whichever contractor will be on the ground.
Destruction of Will they Plant trees along the road? UNRA has a program called existing vegetation Since they are going to cut down some GROW that plants trees along all trees. the road reserveson UNRA roads. So, trees will be planted on the
approach roads
Aquatic destruction The bridge could be constructed on the Adequate studies will be breeding fishplaces /areas. UNRA conducted to cater for such should consult with ministry of concerns. Fisheries for technical guidance.
Land ownership UNRA has got land around the landing The land will be still be for UNRA site are you going to hand over the land since UNRA is the government to the local government? body
Vulnerability issues There are old people, People with The project pays keen attention to Disabilities and families which are people with advanced age, headed by young people (under 18) in persons with disabilities (PWDs) the ROW and all other vulnerable groups. These are identified and their households are further assessed to determine level of extra support required for them to replace their livelihoods. Those that are found to be really deserving are supported by the project team to replace their land and housing while those whose social support at the family level is found to be strong enough, are assisted to purchase land and to replace their houses
There are some features of public Adequate engagements will be interest on the proposed approach conducted with the custodian of Historical sites road –Umi side. It is said that there are the said physical Cultural cultural attachments on the caves Resources to establish the facts inside the rocks on Umi village. Will the about them and act accordingly. project affect them?
5.6 Follow up activities
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1. Community sensitization and selection of Grievance Management Committees. To ensure continuous and smooth implementation of the project, further community sensitizations engagements will be held. Various modes of ensuring information reached the community will be used for example locally based radio stations, public and other societal events.
2. To ensure effective and efficient management of issues that may arise in the course of project implementation, community-based grievance management committees will be formed and trained in grievance management process. This structure will be the first level in receipt of grievances at the community level before they are eventually escalated to the other levels for further management.
3. Training of Grievance Management Committees. Once formation of grievance Management Committees is accomplished, training for the team will be conducted. The training will enhance the GMCs grievance handling abilities and capacities.
4. Financial literacy training, for PAPs prior to compensation of project affected persons
5. Follow up on vulnerable PAPs, detailed assessment of all vulnerable PAPs to establish their individual status and develop action plans on how they would want to be support will be conducted. Public involvement in the Verification and disclosure
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CHAPTER 6: COMPENSATION AND RESETTLEMENT STRATEGY
6.1. International Best Practices According to section 4.1.4 of the AfDB Involuntary Resettlement Policy, the resettlement plan should have a clear definition of the project affected persons (PAPs) by socio-economic and gender category; household or family; the cut-off dates for eligibility for compensation; the assets to be compensated at replacement cost, and the development projects proposed. It is particularly important that the country’s national laws and legislation as well as local definitions of land tenure, rights to common resources and inheritance practices are recognized. The definition of the unit for compensation (family or household) should anticipate and accommodate the land and housing needs for elderly sons and daughters to establish their own households.
Further on, section 4.1.5 states that the benefits offered by the resettlement program should be clearly established. This may cover, for urban resettlement activities, financial compensation; housing and service provision; transport, temporary accommodation and other short-term provisions required for relocation such as, credit facilities, training or job opportunity. In rural areas however, this may cover land-for-land, participation in training and access to material equipment, inputs and credit. In cases where land is not the preferred option for some of the displaced persons, non-land-based options should be considered. These options should be built around creating employment opportunity or self-employment.
Moreover, resettlement offers a unique opportunity for addressing gender inequality in land ownership and control. For example, the project could ensure that replacement land is registered in the name of women and men, when applicable and in conformity with the borrower’s own laws and legislation, either by establishing independent ownership rights for women or jointly under both the husband and the wife’s name.
For the country requirements; Article 237(1) of the Constitution vests all land of Uganda to the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government can acquire land in the public interest. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure and land regimes in accordance with which rights and interests in land may be held (Customary, Leasehold, Mailo, and Freehold). It provides procedures to follow during the acquisition of land for public interest and provides for the “prompt payment of fair and adequate compensation” prior to taking possession of the land. The Land Acquisition Act (1965) makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter upon the land and survey the land dig or bore the subsoil or any other thing necessary for ascertaining whether the land is suitable for a public purpose. Section 3(1) provides that whenever the Minister is satisfied that any land is required by the Government for a public purpose, he or she may, by statutory instrument, make a declaration to that effect. This instrument shall specify: - 1. the location of the land to which it relates; 2. the approximate area of the land; and 3. If a plan of the land has been made, a place and time at which the plan may be inspected. 73 | P a g e
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In addition, the Minister shall cause a copy of every declaration to be served on the registered proprietor of the land specified in the declaration or, as the case may be, on the controlling authority and, if the proprietor is not the occupier of the land, on the occupier (section 3(3)). The Government of Uganda is supposed to pay compensation to any person who suffers damage as a result of any action. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision.
6.2. Key Principles The following are the key principles committed upon by UNRA in this RAP; 1. Resettlement and compensation of Project-Affected People (PAPs) will be carried out in compliance with Ugandan legislation, AfDB’s Integrated Safeguards System-Policy Statement and Operation Safeguards and IFC’s Performance Standard 5. 2. A selected number of mainly physically displaced vulnerable people will be offered an option between either a full resettlement package, including the provision of replacement residential land and a house, or cash compensation, 3. Past experience on UNRA projects has shown that cash compensation, although very sought after by many household heads, could be detrimental in the medium term, to other household members, particularly the females and children. Although most of the affected households are likely to prefer cash, the project will support PAPs to ensure that money is used responsibly through financial literacy trainings and Monitoring and Evaluation from UNRA. 4. The RAP will be implemented in a gender-sensitive manner: women will be encouraged to participate in all stages of the compensation process especially during assessment and at disclosure. During meetings sensitization meetings, women were encouraged to participate in intra-household decisions on restoring lost properties and livelihoods. 5. As much as is possible, UNRA will assist PAPs in restoring their affected livelihoods. 6. The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process, 7. The PAPs will be informed and consulted during the whole course of RAP development, implementation and evaluation. 8. Financial literacy will be provided to all PAPs to assist them in livelihood restoration efforts.
6.3. Lessons Learnt from other UNRA Projects Due to its mandate, UNRA has planned and implemented a number of resettlement projects and because of the numerous experiences some of which have not been very good, policies have been developed to embrace international best practices with a view to improve its operations. Some of the lessons learnt that are relevant to the resettlement and compensation activities for road projects in Uganda are the following: 1. Land-for-land compensation options (resettlement, as opposed to cash compensation) tend to protect the weakest in the community (females and children, vulnerable people), whereas cash compensation is often detrimental to females and children as it is much more likely to be used (and sometimes misused) to the sole benefit of males; this tendency is not easy to mitigate given the current place of females in rural Ugandan communities, but needs, however, to be recognized and mitigated, as follows:
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1. Encouraging women/spouses to participate in the whole compensation process and in the discussion and decision-making on compensation options; 2. Monitoring will be key in ensuring that female spouses are not put at risk of being entirely deprived of Project benefits. If vulnerable groups are not identified and supported; it may be easy to just forget them. They are always an indicator of people made worse off by the project.
6.4. Eligibility This section provides a framework for entitlement for each category of impacts, which is envisaged taking into account the existing National Laws and Regulations and the International Standards. The standards stipulate that a census and inventory of lost assets and property will be conducted and the date of census will set the cut-off date to record the PAPs in a project area. The standards further stipulate that a person who occupies the land or advance his or her claims after the completion of inventory of affected households and/or assets will not be eligible for compensation for the lost assets and /or resettlement and rehabilitation. People residing or holding affected assets in the Project-Affected Area at the Cut-Off Date are eligible for compensation.
6.5 A Census and Cut-off date A census is done to confirm the PAPs and the affected properties in different categories, a census report is supposed to have Names and Photographs of PAPs with their reference numbers and the type of property affected. To avoid speculators or intruders coming up with unwarranted claims, a census was done between August 2020. The cut-off-date of eligibility refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as PAPs and be eligible to Project entitlements. The public was informed that after this date, the PAP is not supposed to embark on any new developments within the project area since it was not to be valued.
6.6 Entitlements for the PAPs All people living in the project area are entitled to receive benefits for the displacement. In addition, the businesses at the landing site who have been surviving on the ferry operations are eligible for livelihood restoration as noted above. Accordingly, the following categories of people are eligible for compensation under this RAP: 1. People who have been in the surveyed part of the proposed project area; 2. Landowners 3. People whose houses/structures are to be affected by the development; 4. People who allocated land (through the communally acceptable ways) for any purpose like cultivation (share croppers) and their crops or trees are to be removed or damaged due to land acquisition activities; and 5. Any other group of persons that have not been mentioned above but are entitled to compensation according to the Ugandan laws. 6. The 38 landing site businesses will be eligible for livelihood restoration.
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The following table is illustrative of entitles.
Table 53: Eligibility Criteria
Type of Loss Eligibility Criteria Entitlement Loss of Land (Rural) Various interest and rights –title Compensation – Capital Market holder, freeholder, leaseholder, Value of Asset tenant Buildings/Boundary walls, Owner of buildings and other Fences structures
Business Losses Business owner Supplementary Assistance based Loss of business income, Business employees/attendants on: Loss of business goodwill, - average net monthly profit, Loss of rented income, monthly rent passing, equivalent Loss of wage income of rent advance to be refunded monthly wages earned Loss of business, Business/commercial/Industrial Supplementary Assistance Residential tenant Based on: comparable open Accommodation or Room Owner of building during the market rent for alternative reinstatement period accommodation based on specific period (reinstatement period); and transportation rates for the transfer of chattels or movable properties Loss of location for Owner of temporary structure Supplementary Assistance based temporary structure – on:- transportation rates for expense for moving transfer of structure structure Asset/Impact Affected persons Remarks livelihoods Incomes and livelihoods. displacement within the road Includes landlords and tenants reserve and have ownership in business premises including rights to the space they occupy to kiosks where their activities will derive their livelihoods. Includes be displaced. tenants in business premises. This includes the businesses at The project will pay replace cost the landing sites to rebuild the asset used for livelihood and a lump sum Places of worship All religious buildings and land Pay replacement cost including affected material and labour at current market prices without salvage value. Trees Commercial trees in the ROW All owners. Value based age of the tree and determined by the district. Graves Owners of the graves Relocation costs plus cost of ritual performances
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CHAPTER 7: LAND SURVEY AND VALUATION METHODOLOGY
7.1. Cadastral and Asset Survey The purpose of the land, asset survey and asset inventory/valuation exercise was to provide a framework through which Project Affected persons (PAPs) could be adequately identified, subsequently fairly assessed and appropriately compensated before commencement of project works. This was achieved through the following sub-activities. 1. Cadastral surveys Using the control points (national and extended controls established by UNRA during the preliminary designs), the land survey team set out the proposed road alignment on ground to define the approved Right of Way boundaries. The road reserve was pegged with extents clearly marked at 20m intervals. Property (Land and buildings) falling within the Right of Way was identified and also;
1. All cadastral and other relevant information necessary to identify all property owners and other persons that are likely to be affected by the project was obtained,
2. The survey and amalgamation of the road strip and titling of all residue land in favour of the registered proprietor will be processed.
3. Cadastral data was procured and overlaid on the design drawing to establish any titled/surveyed plots within the proposed road reserve corridor. The survey was carried out using GPS equipment in RTK mode. Each affected land parcel in the marked corridor was clearly identified including the affected person (PAP). The areas of the affected land parcel in the Road reserve corridor were computed. All affected improvements including buildings, graves and chattels were geo referenced and reflected on the survey strips.
4. For PAPs with registered land, Copies of Certificates of Titles will be secured during identification and verification of these titles. Other data in form of coordinates demarcating the extents of given land parcels will also be obtained from the district Land Registries or Ministry of Lands, Housing and Urban Development or from district land offices or Department of Surveys and Mapping, Entebbe.
With this data and a working cadastral sheet, the boundaries of a given land parcel will be set out to ensure that it is fully available on ground. The subdivision of what the road reserve covers will be affected and a Job Record Jacket (JRJ) will be prepared for a given subdivision.
A JRJ for the entire road section will then be prepared. This will be forwarded to the District Staff Surveyor who will also check it and forward it to the drawing section and the job will be plotted and forwarded to the Department of Lands and Surveys Entebbe, where the job will be checked to ensure that it is done to the expected survey standards and then plotted onto the national cadastral sheet. Certified copies of deed plans will be prepared and approved by the Commissioner for Surveys and Mapping.
These deed plans will be presented to the Regional Land Office which will make a request to the Commissioner for Land Registration to prepare titles. Original titles for the subdivided parcels will be picked from their respective owners and these together with the deed plans will be presented to the Land Registration Office for record update.
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5. Asset Surveys All PAPs affected by the Road reserve corridor were identified and their details captured. This was carried out with support from Local Chairpersons (LCs. The land ownership, names and other particulars of each affected property owner were recorded, including photographs and telephone numbers. This was to ensure easy identification of PAPs during the Verification, Disclosure and Compensation Payments. All affected improvements (including buildings and any fixtures) were referenced, sketched and photo-documented. All perennial crops to be affected were counted and recorded. 6. Approval of Valuation Report A draft Valuation and Cadastral Survey Report has been prepared subject to review and approval by the Chief Government Valuer (CGV). Upon receipt of comments from the Chief Government Valuer, the Final Valuation and Cadastral Survey Reports will be prepared and submitted to the Chief Government Valuer for approval. Once the valuation report is approved, the verification disclosure process will commence.
7.2. Valuation Methodology The valuation and assessment of land and property for compensation in the identified areas was carried out in consultation with property owners and occupants in the project area and witnessed by the area Local Council 1 (LC1) chairpersons. The exercise involved pre-field study and analysis of secondary data related to the project, field data capture of PAPs and Project Impacted Persons (PIPs) including developments, utilities and economic trees.
Office work will involve analysis of the data collected in the field including market evidence and building costs. Further, deskwork will include computation, valuation/assessment and compilation/preparation of the valuation report for the approval of the CGV. The valuation team mandate extends determination of resettlement options for the physically and or economically displaced.
7.2.1 Buildings and Improvements The valuation team with the assistance of local leaders and property owners measured houses, fences, yards among others that have been identified as affected by the land surveyors. Information collected will be recorded on valuation assessment forms that are designed by the Authority for this purpose and project.In accordance with professional valuation practice, valuation of all permanent buildings and improvements will be on the basis of Replacement Cost approach. The assessment for the semi-permanent developments will be on the basis of any of the latest Approved District Compensation Rates2 (for the financial year 2019-2020.) for Adjumani and Moyo districts. For properties that are not covered by the District Compensation rates, section 77 of the Land Act allows the Valuer, using skills and methods available to him/her as a professional in the field, to determine the full replacement cost of such properties. This has been taken into consideration while being mindful of the
2 Section 59 (1) (e-f) of the Land Act CAP 227 empowers the District Land Boards to compile and annually review the said rates. In practice, the Office of the CGV in Land Administration Department of Ministry of Lands, Housing and Urban Development is in-charge of their supervision.
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Replacement cost3 is defined as the present-day cost of acquiring a substantially similar present day asset that could provide a similar level of service to the asset in question. Replacement cost is based on current market values and technology of the day. For permanent buildings and structures, these are derived from the project area in accordance with prevailing construction costs as governed by the following factors:
1. location in relation to urban centres;
2. type and quality of materials used;
3. workmanship and design of buildings;
4. location of building in relation to sources of materials and labour;
5. terrain of the building site and the possible amount of leveling involved;
6. Age of structure and condition of buildings.
Buildings and other improvements (of a non-permanent nature) as stated in the District Land Board compensation rates will be assessed in accordance with the relevant figures in the compensation rates. All permanent structures will be reflected on the strip maps for easy identification and transparency.
7.2.2 Land Land areas were obtained through measurements and computations by the project Land Surveyors. To ensure accuracy and completeness of information collected, the team worked with local leaders who among other things physically guided the valuation team around land and buildings for proper inspection, recording and measurement.
Open Market Value of the land will be based on evidence of available market sales comparable. The Open Market Value of Land is the highest price in monetary terms which the land interest under appraisal should or could fetch in a competitive and open market under conditions requisite for a fair sale.
Implicit in this definition is the consummation of a sale at a specified date and the passing of ownership from seller to buyer under conditions whereby: -
1. Both the Buyer and Seller are economically motivated and are both acting prudently.
2. The sale price is not affected by any undue influence.
3 IFC defines replacement cost for Houses and other structures to mean the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labour and contractors’ fee and transaction costs such as registration and transfer taxes”
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3. Both parties are well informed and well advised and are acting in what they consider to be their own best interest.
4. A reasonable time is allowed for exposure in the open market
7.2.3 Sales comparable The valuation team will research and look at recent available sales comparable from Local Councils (LCs), Land brokers and Agents, print and online property listings, other individuals, institutions and firms including the District Lands Office, Chief Government Valuer’s office in the Ministry of Lands, Housing and Urban Development, as well as the land rates adopted for all recent Government projects done within the communities.
Market value determinants considered for adjustments include:
1. Location4 in relation to urban centres;
2. Economic activity5 in the area;
3. Physical and geographical factors;
4. Population density;
5. Vicinity to services such as water electricity and roads; and
6. Cultural attitudes to land transactions.
7. Tenure and planning restrictions 7.2.4 Trees and crops Trees and crops affected will be counted and recorded on the same assessment forms used for buildings and other improvements. The trees and crop counts will be transparently done by both the valuer and the owner and witnessed by their local leaders.
A copy of the assessment form will be retained by the assessed person. The computation of the award will be on the basis of the latest Approved District Compensation Rates for Adjumani and Moyo Districts for the financial year 2019-2020.
It should be noted that the Land Regulations 2004 restricts compensation to crops and trees that cannot be harvested within the quit notice period referred to in section 77 (2) of the Land Act CAP 227. However, in the spirit of restoration of livelihood, some crops will be considered for compensation where the same is found to be the main source of livelihood.
7.2.5 Chattels and other movable assets
4 Land in urban areas IFC recommends the market value of land of equivalent area and use, with similar or improved infrastructure and services preferably located in the vicinity of the affected land, plus transaction costs such as registration and transfer taxes.
5 For agricultural land – the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, and transaction costs such as registration and transfer taxes.
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Movable assets that are loosely fixed to the land and can be removed without causing damage shall be considered for relocation allowance. The allowance shall be determined based on a defined radius within which PAPs will generally intend to relocate. This will also apply to kiosks, gates, etc.
7.2.6 Acquisition of part of land, house, manufactory or other building Claim for severance arising from partial acquisition of land or property will be assessed by looking into the extent to which the property has been diminished or severed that renders the remaining portion less viable for the intended purpose. Sometimes it is referred to as land under diminution6/severance. Diminution is a form of land degradation as the affected land may not be used for its ‘highest and best use’. ‘Highest and Best Use’ is defined as the reasonable probable and legal use of vacant land or improved property which is physically possible, appropriately supported and financially feasible and that results in the highest value.
Severance Impacts Severance occurs due to land takes and nature of linear project. This may occur where the direct impact of the land takes or project activities results in an indirect impact on an otherwise unaffected piece of land or asset. Likely situations include: • The remainder of a plot is too small for viable use after comparing the total landholding of the PAH along the proposed road alignment and the actual land take, • A plot is split into two parts by the RoW, with both remaining parts being too small to be viable or usable, • Only one structure within a homestead is affected, while other structures within the same family homestead are not affected but are not usable anymore, • One or two graves are affected on a family grave yard and remaining part is not usable anymore • Lost income due to restricted access to business premise during construction. The level of diminution is determined on a case by case basis based on a number of factors and the extent of the extra “injurious impact”. However, for ‘small orphaned plots’ less than standard and acceptable plot sizes, diminution will be taken at between 10% and 40% to the extent that the owner can still utilize the remaining portion in accordance with the new planning restrictions. Where the new planning totally restricts utilization of the severed property/land, the diminution value shall be considered at 100%; meaning that there will be a total acquisition of the said property/land.
In case of buildings, marginally affected buildings will be considered on a case by case basis, in some cases requiring assessments by structural engineers to determine the impact of partial acquisition on the structural integrity of the remaining building. Safety of the property users will be an important consideration in determining remedy for the marginal affections.
6 ‘Diminution’ refers to the act of decreasing or reducing the worth of something (land, in this case) caused by an action of a second party or entity. Section 9 of the Land Acquisition Act gives a PAP the option to compel the assessor to take the whole property if a substantial part is already taken.
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7.2.6 Loss of Business Claims for loss of business will be received, investigated, documented for further deliberations
1. Building Tenants (Business and Residential) Building tenants are a special group of PAPs who have contractual rights and obligations with their landlords. As such their rights are protected under the contracts Act and ought to be considered in case of involuntary resettlement. It should be noted that the relationship between the landlords and their tenants is governed by the contracts Act of Uganda. Commonly, landlords ask for three months’ rent advance payment for new tenants. However, a reasonable time (minimum of six months) will be allowed for tenants to identify new premises to rent and relocate to.
The cut-off date for existing 59 tenants will be on the day the landlord receives his/her full compensation for the premises. Tenants who benefit from this rent concession are obliged to pay all their dues including taxes, fees, and utility bills where applicable. Special cases of vulnerability will be looked into on a case by case basis.
2. Utility Providers The utility providers are a special group of PAPs who will not be addressed by valuation assessment. However, they will be contacted and advised on computation and submission of relocation cost of their facilities. Some of the existing installations including a two classroom block, Water Facility Office and stand taps within the ROW will adapt to the proposed design.
3. Disturbance Allowance A statutory disturbance allowance of 15% of the compensation amount will be awarded to the affected persons as provided in the Land Act where a notice period of 6 months is given. This is envisaged for this project.
4. Salvage Rights Though not provided for in national laws, the norm has been that PAPs are allowed to salvage materials such as crops, trees, fixtures, fittings and installations in houses, from the affected land to enable them quickly recover their livelihood. This project will therefore maintain the status quo and allow PAPs to salvage materials assessed and compensated for.
5. Speculative developments As is common with infrastructure projects of this magnitude, there are tendencies to speculate by the communities. In order to overcome this, a project cut-off date will be communicated on a rolling basis for every section covered. Any developments put up after the cut-off date and signing of assessment forms will not be eligible for compensation. Newly developed structures prior to the inspection of the property will be considered on a case by case basis.
7.3 Cash Compensation
7.3.1. Principles An important Ugandan requirement is contained in Section 40 of the Land Act that makes it compulsory to seek spousal agreement before any compensation package is agreed upon. As mentioned earlier, cash compensation entails a number of risks of impoverishment of
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LaropiBridgeResettlementActionPlan female spouses and children. In addition to encouraging spouses to participate actively in the compensation process, the following steps will be taken to mitigate these risks: 1. Financial literacy training for all PAPs to ensure proper utilization of funds. 2. Close monitoring by UNRA team especially to the physically displaced to ensure they are actually replacing the affected structures. 3. Utilization of grievance management committee to assist households with possible problems of funds utilization.
7.3.2 The socio-economic Survey During the Socio-Economic Survey, a question was asked to establish PAPs’ most preferred option of compensation and all the PAPS preferred cash compensation.
7.3.3. Individual Disclosure Meetings The implementation process will entail; Identifying and verifying the details of the PAPs, disclosing to the PAP relevant information related to their entitlements and facilitating the payment of any compensation and other assistance benefits. PAPs will be given an opportunity to review the property survey and valuation results as well as the compensation alternatives through a binding disclosure prior to actual compensation. Meetings will be held on an individual basis, with each affected head of household and their spouses. This will take place either in one central place where people normally meet. The PAPs will be assisted by whoever they wish, including LCs, family members, lawyers and legal counsellors. The PAPs will be disclosed to the compensation package including land and other lost assets, such as crops and buildings. During this process, the spouses will be especially encouraged to be present so that they know the assets being affected and how much they are being compensated so that they are able to demand for replacement of lost properties.
7.4 Valuation breakdown The Total Valuation is broken down below and is indicative of the new assessments as described under valuation computation above;
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Table 54: Summary of RAP Estimate Sub-county, Parish Village No. of Land Area Value of Value of Crops Total Compensation Estimate PAPs (Acres) Land Developments (inclusive of 15%dist. Allow.)
Pacara SC, Omi Parish Arra 02 18.011 54,033,000 5,326,380 64,200,000 142,093,287
Laropi TC, Balala Ward Pakoma 10 1.792 5,376,000 17,913,100 25,669,000 55,582,375 East Laropi TC, Laropi Logubu 55 5.098 22,116,000 1,215,076,500 20,753,000 1,446,637,325 South TOTAL 67 24.901 81,525,000 1,238,315,980 110,622,000 1,644,312,987
Source: Valuation report as provided by the valuation team
7.5. Valuation certificate The total Compensation Value as per estimates is as below;
The total compensation value for the access roads to the Umi – Laropi Bridge of 67 PAPs is summed to the total of UGX. 1,644,312,987/= (Uganda Shillings One Billion Six Hundred Forty-Four Million Three Hundred Twelve Thousand Nine Hundred Eighty-Seven Shillings Only) inclusive of a 15% Disturbance allowance.
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CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT
8.1. National requirements and international best practice. It is generally appreciated that, compensation alone may not guarantee the restoration or improvement of people’s livelihood and social welfare. Compensation payment alone cannot restore the livelihoods of the PAPs therefore, livelihood initiatives will be provided in order to enable affected persons regain their pre-project socio economic status or better. The livelihood improvement initiatives shall target all PAPs irrespective of the category of the affected livelihoods on the project. The livelihood improvement initiatives shall aim at enhancement of the existing livelihood activities of the PAPs for better their functionality and resilience. The different categories of affected livelihoods are presented in Table 55 below
Table 55: Categories of affected livelihoods
No. Category type Description of categories
1 Category 1 Agriculturally based livelihoods
2 Category 2: Business/Enterprise based livelihoods
3 Category 3: Landing site based livelihoods
8.1.1 Affected Agric- based livelihoods Subsistence agriculture is the most important source of livelihood in the project area. Findings from the socio-economic survey revealed that all the directly affected households under this category reported to be deriving their income from agriculture. While there is limited commercial value for the crops grown, agricultural produce is used to supplement household consumption. Therefore, any break in their agriculturally based activities will be detrimental to the livelihoods of affected households. The impact of land acquisition on agriculturally based livelihoods will even be more pronounced among women and girls who derive a large fraction of their livelihoods from subsistence agriculture. 40% of the PAPs to be directly affected reportedly derive their livelihoods from agriculture mainly livestock - goats, cattle, pigs, sheep, poultry and to smaller extent rabbits; and subsistence crop production. The major crops grown include; cassava, maize, potatoes, sim-sim, millet, groundnuts and beans.
8.1.2 Affected business - based Livelihoods Findings indicated that businesses serve as a source of income/ livelihoods; source of employment as some PAPs are self-employed and others employ family members. The findings established that 58 businesses along the right of way will be affected by the project. A majority of these businesses are on a small employing mostly family members. The impact of land acquisition will potentially hurt these businesses. For emphasis - a total of 30 (28.0%) businesses in the ROW are going to be fully physically displaced, 19 (18.3%) partially physically displaced, 13 (12.5%) will lose physical access and 34 (32.7%) lose customers. 5 (4.8%) reported fear of experiencing high rental costs at new location sites. To mitigate these impacts, appropriate business livelihood restoration support interventions are proposed.
8.1.3 Affected Landing site based livelihoods
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Although these categories of enterprises are not located in the right of way and therefore not directly affected, they operate within the project zone of influence. These enterprises totalling 38 are mostly informal and dominantly operated by women. They operate from the current ferry landing sites in Umi on the side of Adjumani district and Laropi on the Moyo side. The main customers for these enterprises are the ferry passengers; thus, all of them are highly dependent on the ferry operations. Therefore, although the construction of the bridge is likely to introduce new opportunities in the project area, the replacement of ferry operations with a bridge will take away all their customers which will greatly affect the economic viability of these enterprises. Most of the enterprises operate informally and at a small scale. For that reason, a big number of them do not employ permanent workers that are paid on a monthly basis. Thirty-four (34) enterprises are individually owned while the other 4 are owned as partnerships. The specific landing site based non-farm enterprises outside of ROW to be affected include 11 retail shops, 11 fish vendors, 10 restaurants (eating places), 4 bars, and 2 fuel vending business enterprises. The owners of these enterprises rely entirely on them for their livelihoods. Livelihood restoration initiatives proposed under 8.2.3 are in response to this impact.
8.2 Livelihood Restoration Initiatives Improved and sustainable livelihoods cannot be achieved by compensation alone. There is sufficient evidence to indicate that some sections of the population will suffer more adversely than others due to projected induced displacement.
Sustainable livelihoods can only be achieved where there is equitable access to and control over the means of production and market. In this Resettlement Action Plan, a number of livelihood restoration initiatives /strategies are being proposed to enable project affected persons to re-establish lost income and restore their livelihoods.
8.2.1. Initiatives for Agricultural –based livelihoods The project shall invest in Agricultural Enhancement as a livelihood strategy for the 18 households that were identified to be agriculturally based. The strategy involves skilling of farmers to enhance the agricultural potential. Packages proposed for implementation under agriculture enhancement include the following: 1. Provision of inputs like fertilizers and improved seeds; including introduction of high value crops, livestock, improved marketing and value chain addition. 2. Provision of critical skills required to empower the farmers and enable them access financial services and management of credit 3. Enhance and promote linkages to existing government programs within the area such as the Youth and Women empowerment programs, Operation Wealth Creation to enable the affected households access inputs like fertilizers and improved seeds. 8.2.2 Initiatives for Business - based Livelihoods The livelihood restoration measures under this initiative will mainly focus on helping owners of affected enterprises reap the economic benefits of constructing the bridge and the associated approach roads. In total, 58 PAPs were identified under this category. Therefore, the business enhancement initiative will ensure that, both directly and indirectly economically affected households are able to enjoy the positive impacts of the bridge. The proposed initiatives for this category are;
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1. Provision of financial literacy training for business owners, entrepreneurs and artisans covering areas of credit management, business planning, marketing, inventory and quality control. 2. Skills and vocational training; 8.2.3 Initiatives for Landing site- based livelihoods Although the 38 enterprises at Umi and Laropi landing are not directly affected by the project, UNRA will consider supporting them since their operations are dependent on the ferry passengers. These two markets are dominated by women whose livelihoods will be greatly affected by the project. During FGDs, it was established that most of these enterprises have running loans from Micro Finance Institutions. Therefore, any disruptions in their business activities will be detrimental to their livelihoods. It is for this reason that they need to be considered for livelihood restoration initiatives. The business owners are not against the project, but they are interested in getting alternative locations for their business operations. From the engagement with business women, it was established that the businesses they operate at the landing site are the sole sources of their livelihood. The Livelihood restoration program will also concern itself with those affected enterprises. The proposed livelihood restoration initiatives will include;
1. Relocating the business women to the already existing central market in Laropi town for continuity in business. The relevant departments in Laropi Town council will be key players in program implementation and the cost determination. 2. Construction of a cold room for fresh fish storage with fish vending stalls 3. Provision of a skilling program to train the business women in alternative income generating activities like papyrus crafts, tailoring, hair dressing, baking and confectionery and related skills. Women admitted that they did not intend to seek employment outside their home area. Skilling the women could benefit them as they can use their acquired skills to enhance and diversify livelihood sources. 4. Extension of credit facilities to provide capital to owners of affected business at the landing sites to help them reestablish their enterprises 5. Provision of small household equipment like groundnut grinders and processing to women on the landing sites. This was identified as a home based income generating enterprise. Supporting women with such equipment can help them cope up.
8.3. General Interventions for livelihood enhancement
8.3.1. Provision of the disturbance allowance
Each PAP on the project shall be awarded a top up of 15% over and above the net value of their assessed property. Beyond the PAPs with assets, 15% will also be given to licensees as one of the ways to achieve full replacement cost.
8.3.2. Provision of Financial Literacy Financial literacy shall be conducted on the project targeting all PAPs and other community members. Financial literacy trainings shall be conducted mainly to mitigate the possibility of misusing the compensation money especially those who preferred cash compensation. As an income enhancement measure, these literacy training sessions shall also aim at empowering the PAPs to make sensible resettlement options. The financial literacy trainings shall be 87 | P a g e
LaropiBridgeResettlementActionPlan conducted by a well-qualified service provider and some of the topics to emphasize in these trainings are presented in the table 56 below.
Table 56: Showing the proposed topics to be covered No. Theme Sub themes Topics 1. Financial 1. The language of Money:1. Earning Personal Behavioral 1. Sources of streams of income Finance 2. Spending: 1. It is not how much you earn (how much the compensation) but it is your spending habits. 2. Saving: 3. The saving Dilemma 4. How to save money and protect it from relatives, friends, con men, from your- self, and free-lance advisors. 5. Investment 6. Short Term 7. Mid Term 8. Long term 9. Debt management: 10. How heavy is your debt burden? 11. Bad debt Vs Good debt 12. The common mistakes1. The myth about Money about Money /The Money2. How to handle financial challenges Traps
3. How to establish business 1. Saving for investment scheme ventures 2. Thinking beyond your village 3. How to handle sudden cash1. Planning ahead of time windfall. 2. Dealing with the cash shock 3. Detrimental thinking 4. The wealth reminder 5. The Dark side of Financial1. Dealing with failed management Windfall once mishandled 2. Business from a risk perspective 3. Dealing with emotional stress, shame 4. Status acceptance-How to deal with society pressure 5. Formation of and benefits1. Improved Saving Culture for investment, of Investment2. Investing discipline, Clusters/Clubs. Joint3. Shared Risks benefits of clusters. 4. A bigger negotiating voice, 5. Collective investment in bigger business ventures as per group objectives, 6. Improved networks and markets, 7. Investment Clubs could provide an alternative & cheap source of funding as members borrow from within for individual family business and 8. Building intergenerational wealth. 9. Managing a business 1. Breaking the fear of start over again
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2. Building business relations in the new area. Coating customers 3. Breaking the fear of venturing into a new business to match the dynamics of the area 4. Identifying existing gaps for profitability 5. Improving and expansion of Business 6. Business planning 7. Raising funds 8. Formalizing business and its beauties 9. Social 1. Gender equity 1. Gender and business 2. Culture 2. Breaking the cultural barriers to business in 3. Conflict management a strategic manner 3. Conflict management in business 4. Balancing family and business 5. Environmental 6. Environmental management1. Environmental management 7. Investing in natural resources 2. Investing in natural resources 8. Use of indigenous knowledge 3. Use of indigenous knowledge 4. Legal concerns for business 5. Human 6. HIV/AIDS prevention 1. HIV/AIDS prevention, Education, Family 7. Education planning, Sanitation and Hygiene and 8. Family planning their implications to business 9. Sanitation and Hygiene 2. Personal discipline in business
This shall be complemented with real life case studies and contextualized within the PAPs socio-economic dynamics of the project area. These engagements shall target all the affected communities.
8.3.4. Access to Project Employment During engagements, the participants recommended that as strategy to benefit from the proposed project, the PAPs should be given job opportunities during construction of the proposed access roads and the bridge. UNRA shall advise the contractor to give top priority to the PAPs during job allocation on the project during the construction phase. To ensure its realization, UNRA has prescribed minimum requirements for the proportion of local staff that the contractors should employ (minimum of 30%). The contractor is also required to promote local enterprises in the provision of various goods and services required to support the contractor in execution of the project with a requirement that, preference is given to qualifying enterprises within or within the vicinity of the project area. 8.3.5 Promoting Local Market Purchase Related to promoting local content in relation to the livelihood enhancement through identification and provision of available employment opportunities to the local population by the contractor, the RAP also strongly recommends, the contractor to promote purchase/procurement of available local goods and services to promote growth of local enterprise in the project affected community including special services reservation for women such as food vendors.
8.3.6 Assistance to Vulnerable populations Vulnerable people usually face challenges that inhibit their potential to improve their livelihoods and general welfare. In case of displacement for infrastructural developments, 89 | P a g e
LaropiBridgeResettlementActionPlan vulnerable PAPs usually suffer disproportionately and face a risk of marginalization arising from effects of resettlement and compensation. Aware of the above likely impacts, vulnerable PAPs shall be given physical relocation assistance in the identification and purchase of a replacement dwelling, shelter etc. of similar or higher quality or through the provision of replacement housing of similar or higher quality. Vulnerable people shall also be provided with livelihood restoration assistance to restore their livelihoods to pre-project levels typically including support activities such as training, agricultural assistance or business enhancement.
8.4 Implementation of livelihood restoration initiatives 1. Detailed engagements will be undertaken with NGOs, different leadership of PAPs categories and local authorities to prioritize livelihood restoration initiatives and document implementation mechanisms 2. Generally, implementation will be undertaken by the NGOs that are currently existent in the project area with a track record of implementing similar assignments 3. MOUs will be signed with NGOs and existing structures like Adjumani and Moyo Districts to implement livelihood restoration programs as shall be defined in the implementation mechanism 4. Initiatives like the construction of the cold room shall be advertised and managed separately through a procurement process 5. A detailed study shall be undertaken in the first quartet of the Financial Year to develop an implementation mechanism for livelihood restoration initiatives. The report shall be submitted as an Annex to the RAP report.
8.5 Monitoring indicators Monitoring of implementation of livelihood restoration and improvement will be undertaken for every proposed initiative to ascertain the progress. The baseline information of the PAPS will be used as basis for formulation of the monitoring indicators
8.6 Proposed budget for livelihood restoration and complimentary initiatives Proposed Budget for Livelihood restoration and improvement is UGX: 1,210,000,000/= (One billion two hundred and ten thousand shillings only). Detailed budget is in Chapter 13 of this document.
CHAPTER 9: MANAGEMENT OF ARCHAELOGICAL AND CULTURAL PROPERTY
9.1 International Best Practice and National requirements IFC for purposes of performance standards defines cultural heritage in three broad ways which include;
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1. Tangible forms of cultural heritage such as tangible movable or immovable objects, property, sites, structures, or group of structures having archaeological (prehistorical), palaeontological, historical, cultural, artistic and religious values. 2. Unique natural features, or tangible objects that embody cultural values, such as sacred graves, rocks, lakes and waterfalls. 3. Certain instances of tangible forms of culture that are proposed to be used for commercial purposes, such as cultural knowledge, innovations and practices of communities embodying traditional lifestyles. It is the obligation of the developer of any development project to avoid impacts on cultural heritage. Where avoidance of impacts is not possible, the developer is obliged to identify and implement measures to address impacts on cultural heritage in accordance with the mitigation hierarchy. Mitigation measures may include relocation or modifying the physical footprint of the project; conservation and rehabilitation and rehabilitation in situ; relocation of the cultural heritage. 9.2 Affected Cultural Property on Laropi bridge and mitigation measures Based on the consultations conducted in the project affected communities and with stakeholders, the RAP team was informed that there were cultural properties or places of cultural significance.
9.2.1 Caves / Rocks In Arra village near Omi landing site in Adjumani district, where one of the approach roads will traverse there is rock of cultural significance. The following was noted from different stakeholders.
1. There is special cave under one of the rocks in Arra village
Plate 6: Rock site identified to be a cultural site by some local people
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2. There are items that resemble drums, baskets, dried food, spears
3. People do not point at the items otherwise instant rain comes
4. Whenever people made careless remarks about the cave and its associated items instant lightening would strike and kill cows
5. Some stakeholders said that they are residents of the area but they do not know who left the items there. “They could be effect of war or slave trade” one of the stakeholders asserted.
6. The place is associated with strange happenings
7. They associated the place with spirits that would cause bad omen to people like causing accidents and they decided to establish the worship place in the neighbourhood.
Plate 7: showing a worshiping place in Omi village on a rock 8. That there was a custodian of the place
9. That one time a developer came and with assistance of the custodian of the place, he performed rituals (slaughtered goats and lambs) and he was able to open a hotel and operated his business peacefully.
The place was considered to be a site of cultural significance and therefore more studies should be conducted and the findings should form the resettlement planning.
9.2.2 Place of cultural significance
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In Logubu South village –Laropi side in Moyo district. a community member told the RAP team that there was a place of cultural significance in their locality where the proposed approach road would traverse and the following was recorded
1. The place is communally accepted as a special place in their village
1. The believed to be hosting unseen strange things
2. There is a custodian who takes care of the place
3. There are signs of fire in the evening and no evidence of burns in the morning
4. People perform rituals on that place
5. It is believed to be associated with spirits
9.2.3. Graves During the assessment of social impacts and risks of the project consideration was made to assess impacts of the project on graves and cemeteries with a view of documenting how they should be treated during RAP implementation. A number of graves were identified in the proposed Right of Way and will be affected by land acquisition for the approach roads. Therefore, they should be incorporated into resettlement planning.
Plate 8: Showing graves in Laropi
9.2.4 Procedure for Archaeological and Cultural Chance Finds Given that, a lot of excavations and earth moving takes place during road construction, a construction management plan shall be developed to include arrangements for “chance find”
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LaropiBridgeResettlementActionPlan during the course of construction. Such chance finds may include but not limited to the following;
6. Archaeological heritage which has remained unnoticed during the process of impact assessment and RAP preparation;
7. Sites of cultural significance such as sacred woods or trees or rock outcrops which the local residents may have not mentioned at the survey stage.
8. Mass graves of any other objects.
It will be the responsibility of the concessionaire to develop a comprehensive chance finds procedure detailing how such sites shall be identified. The chance finds procedure shall be prepared and included in the concessionaires Environment and Social Management Plan (ESMP) to address cultural chance find which will include the following steps;
1. In the event of an inadvertent discovery, work will stop immediately; 2. The site will be temporarily protected; 3. Studies should be undertaken by relevant experts; 4. Consultations with relevant stakeholders; and 5. Appropriate measures developed, agreed and implemented. CHAPTER 10 GRIEVANCE MECHANISM
10.1 Introduction and justification for grievance mechanism Construction of Laropi Bridge with the associated approach roads of 1.5km either side of the bridge will affect people in different ways; impact on people’s land, dwellings, property, livelihoods and common resources. Even though the bridge project will introduce a number of both direct and indirect positive outcomes in the area, negative impacts associated with the project will potentially result into complaints by the project affected people (PAPs).
Experience has shown that grievances start emerging early in the life of projects, and it is, therefore, important that a grievance mechanism should start as early as at the feasibility stage, and continue all through the entire project cycle.
Further experience from other UNRA road and bridge projects has also shown that there were a variety of complaints, some of which were social, physical / environmental while others were in regard to disagreements on the compensation values for assets and property ownership. Some grievances were related to the project design (severance, accesses etc.) but a significant majority arose during land acquisition and compensation. To be able to minimize on the occurrence of similar grievances on Laropi bridge project, a procedure and mechanism for addressing complaints and all other forms of grievances must be put in place early enough to maintain an open and transparent dialog with the potentially affected people.
UNRA is committed to addressing all complaints of the affected people. This commitment is demonstrated through its support to the development of a harmonized Grievance Redress Mechanism (GRM) to respond to adverse Environment and Social related impacts on all its 94 | P a g e
LaropiBridgeResettlementActionPlan roads development projects. The GRM’s guidelines and principles for managing grievances were developed in line with internationally acceptable standards which make it fully compliant to both national and international best practices in identifying and managing grievances which may be raised by stakeholders. The harmonized GRM also adopted the principles of transparency, efficiency, timelines, cost effectiveness and providing feedback which makes it appropriate for adoption as the overall guidance mechanism of grievance management on Laropi bridge project.
10.2 Principles for effective implementation of GRM In resolving the grievances, Laropi bridge project will be guided by principles of cultural appropriateness, simplicity, fairness, evidence-based, speed and proportionality. These principles and best practices are in line with the grievance establishment procedures of AfDB Integrated Safeguards System (ISS, 2013) and the Uganda policy and laws. In establishing project level grievance redress mechanism, the following aspects will be implemented; 1. The process of instituting Grievance Management Committees (GMCs) will be made known to the communities on the project 2. The composition of membership will be open to all residents that are affected by the road project activities. 3. Membership and activities that will be conducted by members are voluntary, thus members are not expected to demand for any sort of remuneration from the project or UNRA. 4. Grievance Management Committees (GMCs) will be formed and will consist of six members i.e., three Project Affected Persons (PAPs) (with one being a woman), one Opinion Leader (such as an elder, a religious or clan leader), area Local Council One Chairpersons (as ex-officio member) and one local NGO/CBO leader (as an observer 5. The committee will be gender sensitive with at least half of the members (3 No) being women 6. The GMCs will be trained on best practice in grievance management and their capacity will be reinforced from time to time. 7. In the course of project implementation, the GMCs will be conducting monthly meetings which are basically geared towards reviewing and agreeing the way forward for grievances which have not yet been addressed. 8. Regular monitoring of the operations of GMCs will be conducted to identify gaps and build their capacity in handling grievances that are reported in the project. 9. It is also important to note that, in circumstances where a GMC Member loses interest, faces health issues or is relocating to another area, the community is given the prerogative to replace them through elections in community meetings like those that were used to establish the GMC in the first place.
10.3 Purpose and objective of the GRM The GRM has a three-tier grievance management structure instituted at the community level, the project level and the organizational/Institutional level. This is intended to establish a mechanism that can quickly identify and address the different types of grievances to the required satisfaction of both the PAPs and the project. The GRM has the following specific objectives;
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1. Providing a forum for redressing grievances and disputes at all levels 2. Creating an effective communication between UNRA and affected parties; 3. Building-up productive relationship among all stakeholders including affected parties; 4. Providing access to affected parties to discuss, negotiate and participate in the decision-making process; and 5. Mitigating and preventing adverse impacts of the project on communities and availing appropriate corrective or preventive action.
10.4 Community level Grievance Management Mechanism Prior to the commencement of land acquisition phase for Laropi bridge project, in compliance with UNRA’s Environment and Social Safeguards Policy and the AfDB standards, Grievance Management Committees (GMCs) for the project will be formed for management of anticipated grievances. The GMCs will collect, register and help in addressing grievances. The committees will also be trained to build capacity of their members to manage grievances on the project. The GMC will handle different categories of grievances like handling land acquisition and compensation related grievances when land acquisition phase starts. However, during bridge and roads construction, the GMCs’ capacity will further be built through additional training to empower them to handle construction related grievances such as those related to environment social issues and those related to delayed compensation and injurious affection.
10.5 Key actors in the GRM project level implementation
The project level GRM depends on the smooth interaction of a number of key actors in particular a) the contractor, b) the resident engineer and c) the UNRA Project Manager and his team.
10.5.1 Contractor At the onset of civil works, the contractor takes the contractual responsibilities of appointing a sociologist and a Health and Safety professional to be responsible for engaging with local communities and addressing grievances on behalf of the contractor. In that perspective, the contractor’s sociologist will work closely with the GMCs in agreeing to and implementing actions to resolve grievances. The contractor will further notify the resident engineer and UNRA’s Grievance Officer immediately of any grievances that requires investigation or intervention by the police or other relevant authorities.
10.5.2 Resident Engineer It should be noted that, the Resident Engineer often receives grievances from the community members as they are field based. For Grievances which fall within the Contractor’s obligations, the Resident Engineer will record in the logbook, immediately issue an instruction for corrective action and notify UNRA’s Project Manager. In situations where the Resident Engineer receives grievances which involve defilement, child abuse, rape and/or any form of violence against children or sexual harassment, fatalities such a grievance will be escalated to the Project Manager and to the nearest police within not more than twelve (12) hours of receiving such a grievance. Grievances that fall into the above category will be escalated to the UNRA’s Executive Director without any delay. The Resident Engineer will continue tracking grievances and report on grievance management and progress made in his monthly progress report. 96 | P a g e
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10.5.3 The Project Manager The UNRA Project Manager has the overall responsibility for the day to day running of the project; including grievance management and overseeing the functions of the Project Management Team. For proper logging, escalation, tracking, reporting and following up on all project specific grievances, as well as for purposes of complying with international good practice. The Project Manager will assign one of the Project Team Members to undertake this role. Grievances that cannot be addressed at project level will be escalated by the Project Manager to the Director Road and Bridges for review and guidance. Grievances that are associated with sexual harassment, defilement, gender-based violence, violence against children, fatalities) will be escalated to the Executive Director without any delay.
10.6 Location of the GMCs The GRM underscores the importance of accessibility in all aspects including distance, cost and medium of communication. The GRM looks at GMCs as contact points between the PAPs and UNRA and therefore recommends their establishment within a radius of 3kms to make them accessible to the PAPs. Consistent with this critical requirement and knowing that Laropi bridge project will be a point project, a GMC will be established in each of the affected village on either side of the bridge i.e. Laropi and Omi. Additionally, accessing the GMCs is totally free of charge and people are free to either write or report their grievances orally to the GMCs in their local languages.
10.7 GMC Composition GMCs are supposed to be representative of all the different interest groups in the community. During the establishment of GMCs for Laropi Bridge, the RAP team will guide community members on the need for equitable representation. In compliance to this requirement, the composition of all the GMCs to be established in the villages of either side of Laropi bridge will mainly include PAPs representatives, opinion leaders, women, elders, youth, persons with disabilities, and the LC 1 chairpersons as ex-officious. These committees will be democratically elected by the community members and during the process of their formation, a lot of attention will be focused on gender issues by ensuring that at least half of the committee is comprised of women. Chairpersons of Local Councils are also co-opted as committee members because they are more knowledgeable about the local history.
10.8 Roles of the GMCs Generally, GMCs are intended to resolve non-complex grievances relating mainly to local property ownership, family disputes, boundary disputes as well as providing guidance and insights into fairly complex outstanding grievances that are being escalated for further management by the project team. Technically, GMCs are broadly expected to execute the following functions; 1. Receiving and recording all grievances from PAPS 2. Hearing/arbitrating grievances of PAPs and providing an early solution to those they are able to resolve; 3. Immediately bring any serious matters to the attention of the Community liaison officer;
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4. Escalate grievances that they are not able to resolve or that are outside their jurisdiction; and 5. Inform the aggrieved parties about the progress of their grievances and the decisions made by the GMC.
10.9 Grievance Management Process In course of grievance management, the following constitute the key procedural steps that could be adopted for effective and efficient handling of grievance in the project.
10.9.1 Grievances Submission At the onset of project implementation, proper channels for submission of grievances will need to be established. The following are some of the generic contact points to which grievances could be submitted either in writing or verbally; Community Based Grievance Management Committees (GMCs), UNRA’s Stations/Head Office, Contractor’s Office, available emailing systems, suggestion boxes. Submission could also happen during stakeholder engagements such as during meetings, conferences and workshops.
While there is no formal minimum requirement for submitting grievances, it’s recommended that for any stakeholder who submits a grievance, the following information will need to be captured.
1. Name(s) of the complainant(s) 2. Information on whether the identity of the complainant should be kept confidential or can be disclosed to relevant individuals/structures during the investigation process; 3. Contact details (geographical location, telephone number, e-mail... (if available)) 4. Details of the grievance, what happened exactly, the place where it happened, the parties who were involved, the time or date when it happened, the circumstances under which it happened; as well as the result of the problem. It is also important to understand whether the incident was a one-time off, it happened more than once or it has been an on-going problem.
In situations where a stakeholder submits a grievance with incomplete and unclear details, the party receiving such a grievance should follow up and obtain all details necessary for processing the grievance.
10.9.2. Language for submission of Grievances While the GRM is operated in English, the people that will be receiving and discussing grievances will make all efforts to utilize the local persons support in the translation and/or write down incoming grievances submitted in local languages as well as discussing the findings and proposed actions using the preferred language of the complainant, taking into consideration that, the majority of the residents are locals and the commonly spoken language in the project area is Madi
10.9.3. Documenting Grievances The project team should keep a record of those who lodge grievances including information such as gender, age and location. This assists in understanding individuals and groups that are the most vulnerable and most exposed along the project. Owing to the high illiteracy rates in the project area, there will be highest level of confidentiality and complainants will be made 98 | P a g e
LaropiBridgeResettlementActionPlan aware that they are free to remain anonymous and should feel free to give as little personal information as they wish.
10.9.4 Categorizing Grievances
Upon receipt and registration of a complaint, the team will establish the eligibility of the complaint received. Owing to the high levels of illiteracy in the project area, the complainant will clearly be informed of the nature of his or her grievance and how it will be addressed.
The purpose of this step is to ensure that the issue being raised is relevant to the project or its activities. If the complaint is not eligible, he or she will immediately be informed of the reasons. However, the decision on eligibility is only meant to trigger an initial assessment and response and is not an admission that any harm was done or a commitment to provide any specific form of redress. The assessment at this step will also enhance decision making as to whether the complaint should be directed to a different entity.
11.9.5 Prioritization of Grievances The project will adopt prioritization of grievances for example if the initial assessment establishes the eligibility of the complaint; further assessments are carried out on the level of risk and imminence. Assessing authenticity of a complaint will be based on imminent risk and implications to those affected and UNRA’s and its partners’ image and reputation. Both impact and urgency will be measured/classified in terms of being high, medium or low. Thus, based on the assessment of risk and urgency, the priority index will be identified as shown in table 1. Priority 1 is critical and is accorded immediate attention as it is deemed to most likely lead to loss of life and/or serious injuries and pain. It will also be immediately reported to UNRA to trigger its full support.
Table 57: Ranking of a Grievance
RISK
High Medium Low
URGENCY High 1 (Critical) 2 3
Medium 2 3 4
Low 3 4 5 (Lowest Risk)
10.9.6 Grievance Processing Investigation and Feedback (Tier One) It is anticipated that, complaints that are straightforward should often be resolved on first contact. If this is not the case, then the complaint may require investigation. Investigation includes gathering of documents, proofs and facts, as well as clarifying background information to verify and have a clear picture of the circumstances surrounding the grievance. Grievance processing will clearly be outlined inform of categories they fall for example verification of stakeholder satisfaction with the response, confirmation of receipt of the 99 | P a g e
LaropiBridgeResettlementActionPlan feedback and relevant technical staff informed, grievances verified, investigated and coordination with appropriate authorities done, a grievance, which falls under the third category should be logged and escalated to the police without any delay as well as communicated to UNRA immediately. However, in the course of making decisions, proposing resolutions, negotiations as well as implementation of agreed actions will involve a thorough assessment and might require getting back to the complainant for more information.
10.9.7 Appeal against proposed resolution (Tier Two) Any complainant who may not be satisfied by the solution proposed by the technical teams, will be given an opportunity to submit an appeal to UNRA Executive Director, who will then review the proposed solution by UNRA’s technical team against the appeal from the aggrieved person to verify whether due process was followed or whether relevant information have been missed and/or the proposed solution further enhanced to satisfy the request of the aggrieved person.
10.9.8 Arbitration and Legal Redress (Tier Three and Four) Any complainant, who may not be satisfied by the outcome of the appeals process, may then resort to arbitration and submit a request for review to the following Arbitrators:
1. Environment: National Environment Management Authority (NEMA) 2. Land Acquisition issues: Office of the Chief Government Valuer (CGV) 3. Engineering issues: Uganda Institution of Professional Engineers 4. Occupational Health and Safety issues: Department of Occupational Health and Safety in the Ministry of Gender, Labour and Social Development 5. Social Issues: Ministry of Gender, Labour and Social Development In case where arbitration also fails, or at any time during the process, the aggrieved person can file legal proceedings in court.
10.9.9 Closing a Grievance A grievance will be considered closed only after an amicable resolution has been reached between the two aggrieved parties. In certain, special circumstances, however, a grievance may be “closed” even if the complainant is not satisfied with the outcome especially if the complainant cannot substantiate the grievance or if there is an obvious speculative or fraudulent attempt. In such situations, all steps and efforts taken to investigate the complaint before reaching a conclusion will be well documented and communicated to the complainant without putting the lives of those who provided leading information in danger. It is, however, important to note that all those teams involved in handling grievances will not dismiss any grievance based on a hasty review and close off before the complainant has been notified and given an opportunity to provide additional information. Consequently, a decision to close such grievances requires the endorsement of the supervising officer.
10.10 Project Level Grievance Redress Mechanism UNRA requires that a project-level mechanism for managing grievances be established for each of its projects, regardless of the source of funding or development partners. The process
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LaropiBridgeResettlementActionPlan by which the project level GRM is designed should be integrated into the overall approach, including describing concrete actions in the whole grievance management process. When the construction of the Laropi Bridge starts, there will be a project-level GRM for the project with a formalized way for the implementers to accept, assess, and resolve community complaints related to project activities and impacts.
10.10.1 Handling a project-based grievance The grievance resolution procedure will involve several stages and different parties, sometimes involving a back and forth process. However, the key steps that will be followed at project level are outlined in the figure below;
Figure 4: Steps in the management of project-based grievance
10.11 Monitoring and Evaluation of GRM implementation Modalities to conduct performance monitoring of Grievance Redress Mechanism/Committees will be established. The following parameters provide a guide that will be used in assessing performance of GRM/Cs.
1. Total number and type of grievances received; 1. Channels through which grievances were received;
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2. Number and % of complaints that are resolved/unresolved; 3. Number and % of complaints that have gone to appeal, arbitration and count; 4. Responds time on received grievances; 5. Resolution timelines for resolved grievances; 6. Status of unresolved grievances; 7. Customer feedback on GRM; 8. Percentage of complainants satisfied with response and grievance redress process; 9. Percentage of project beneficiaries that have access to the GRM; 10. Percentage of potentially affected persons that are aware of the avenues available to channel grievances.
Besides monitoring against these key performance indicators, the department of environment and social safeguards (DESS) shall review, control and assure the quality of the GRM Process on the Project and extract lessons learned through their regular compliance review missions. 10.12 Communicating the GRM The existence of the UNRA GRM will be communicated to the public, UNRA, and AfDB Country Office (including the Independent Review Mechanism) through a variety of channels including but not limited to the following:
1. Monthly progress reporting 2. Print media including newspapers and IEC materials 3. UNRA website 4. Social media 5. Radio talk shows, mentions and announcements 6. Printed messages on T/shirts
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CHAPTER 11: RAP IMPLEMENTATION ARRANGEMENTS 11.1 Introduction This chapter presents the different strategies, which shall guide the implementation of the Resettlement Action Plan for the Laropi bridge project. The chapter focuses on compensation strategy of the different PAPs and affected entities (for both physically or economically displaced), the processes of transfer of tenure and obtaining consents from the PAPs, organizational frameworks and resources required to implement the RAP.
RAP Implementation Framework The implementation process will entail identification and verification of PAPs details and disclosing to the PAPs relevant information related to their entitlements and facilitating the payment of any compensation and other assistance benefits. PAPs will be given an opportunity to review the property survey and valuation reports as well as the compensation alternatives through a binding disclosure prior to actual compensation. This is in line with the requirements of disclosure and access to information as part of meaningful and participatory stakeholder engagement and decision making.
1. Negotiation and Signoff process for PAPs who prefer cash compensation The negotiation and sign off process is encapsulated into what is popularly referred to as the Identification, Verification and Disclosure (IVD) process. This is summarized in the figure below;
The negotiation and Sign off process • Constituting the verification / disclosure team 1
• Establishment of Verification and disclosure centres 2
• Mobilisation and sensitisation 3
• Signing of the agreements 4
• Compensation Payment 5
• Monitoring and evaluation 6
Figure 5: The negotiation and sign off process Summary of the negotiation and sign off process The verification and disclosure team for the project shall be formed as this shall include both internal and external personnel to UNRA with different responsibilities. These shall include sociologists, client care officers, valuers, surveyors and legal officers. Those persons who are 104 | P a g e
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[art of the team but external to UNRA shall include the jurisdiction area land officer, community development officer and Local Council 1 (LC 1) of all affected communities.
Table 58: Showing responsibilities for UNRA internal and external staff during the verification and disclosure process
Personnel No of staff Responsibilities
Internal
Senior 1 1. To deal with any social issues during the V&D process Sociologists 2. To conduct all engagements prior to the verification process 3. To participate in the post V&D surveys 4. To furnish the PAPs with all information required on the V&D process as well as any other information on the RAP process 5. To register any grievances which arise from the V&D process and where possible mediate or escalate them. 6. Support the V&D team in verification of the different ownership documents 7. To support the V&D team in filling out all the necessary transactional forms during the V&D process 8. Support valuation team in organizing documentation (Batching) to facilitate payments/compensations. Client care officer 1 9. Support the senior sociologists during V&D processes
Valuer 1 10. To disclose the compensation amounts to every PAP as derived from the entitlement matrix 11. To explain to the PAPs how the entitlements were arrived at 12. Ensure that the PAPs are well equipped with information to make informed judgments (informed consent) Surveyor 13. To support the valuation team in verifying and registering land titles 14. To support the valuation team in providing information on the affected land areas. Legal Officer 1 15. To deal with any legal matters which might arise during the V&D process External
Jurisdiction area 1 To verify all land Interests that exist within the the RoW Land officer
Community 1 To assist the project core team in dealing with all social issues on Development the project. These may include those related to family, gender, Officer conflict resolution among others
Local Council 1 To oversee the compensation process of the project. (LC)s of all 105 | P a g e
LaropiBridgeResettlementActionPlan affected Specifically for the V&D process, the LCs do due diligence of all communities PAPs
To assist in mediating any arising conflicts
Verification and disclosure process 1. Establishment of Verification and Disclosure centre Verification / disclosure center shall be set up in central places which can be easily accessed by all PAPs. The venues shall be culturally appropriate and it is from here that all the disclosures for the PAPs on their individual entitlements will be done.
2. Mobilization and sensitization A briefing exercise shall be conducted by the V&D team in close co-operation with relevant authorities at local community and district levels. The PAPs and all other project beneficiaries will be briefed by the project team through; 3. Local meetings with PAPs and their Leaders i.e., LC1, LC III and sensitised to appreciate the activities involved in the verification / disclosure process which include but not limited to; verification requirements, proposed days of the verification / disclosure exercise, and verification requirements prior to payments. 4. Higher level Local government consultations (LCIII personnel, Resident District Commissioners (RDCs), etc). 5. Media i.e., radio announcements, loudspeaker announcements on a boda boda (passenger motorcycle) and published material as written notices to be displayed in public places and religious centres, sub county, health centres, LCI/Village Notice Boards.
In addition to general mobilization and sensitization, arrangements shall be made to assist vulnerable groups with the verification and disclosure process. Specifically, the social team shall reach out to each of the vulnerable PAP as identified during the socio-economic activities.
Generally, the information passed on these engagements will mainly aim at preparing the PAPs and Project affected Entities (PAEs) on the requirements which lead to the verification and disclosure process. This will also include provision of information on the compensation framework and process including; justification for the different entitlements, description of the verification and other details. Such engagements shall be conducted within the communities where the PAPs or the PAEs exist.
6. Pre-Disclosure Engagements The following tasks will be involved in the pre-disclosure engagements.
1. First task at this level, the RAP Team will meet and inform Administrative and Political Leaders at District, Sub-County, Town council levels and CSOs about the key contents of the approved RAP, the RAP implementation plan, and share out copies of RAP without the individual PAP’s data. 2. Second task is to meet and inform the PAPs, community leaders and general community members about the key
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contents of the approved RAP, requirements for detailed disclosure and the implementation phases including; Displaying the strip map and simplified list of affected PAPs without detail of entitlements awarded. Involving district, sub-county and community leadership is essential for the mobilization of the PAPs and their household members to attend the planned disclosure meetings
7. Notification for Detailed Disclosure to PAPs This is a second stage after the pre-disclosure engagements targeting all project-affected households, and will be undertaken by RAP Team with assistance from local council leadership. This will be one month prior to receiving compensation payments. It will involve the following tasks:
1. Confirmation of the identity of the claimant(s) through valid identification documents such as National Identity Cards, Passports and Driving Permits 2. Verify and validate the ownership of the affected property and assets through necessary documents such as land titles, sales agreements, and consents from property owners for licensee and or tenants. 3. Upon satisfaction, disclose PAP household entitlement matrix item by item to the registered claimant and other household members present as provided by this RAP. Specific items to disclose will include; final compensation values, additional assistance measures to be provided by the project and other allowances as provided for by this RAP. 4. Providing to PAP households additional explanation of how the compensation awards were established. 5. Seeking clarification from members of the PAP household on how the compensation payments should be paid and why. 6. Encouraging PAP households to consider payment through family or joint accounts where this applies. The RAP Team will however, respect the decision of the household. 7. Provide and make the affected PAPs to confirm and sign a consent form upon satisfaction about the disclosed values and other assistance. 8. Explain to the PAPs what the consent form means and implies including issues about period to vacate acquired land. 9. Trace for vulnerable PAP households who fail to participate in the normal individual household disclosure, at the residence of such vulnerable PAP households using extra efforts including special assistance for translations and sign language as may be required. 10. The disclosure to registered companies and statutory bodies will be conducted at their registered address and shall include all people that are registered as Board Members and/or legally appointed representative(s). 11. Given the small number of PAPs, the disclosure center shall be set up at a convenient and appropriate location within Laropi Town Council.
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2. Compensation payment During this stage, compensation payments are effected or undertaken in accordance with standard government procedures and the policies set out in this resettlement plan. 1. Before compensations are paid out to the PAPs, the RAP Team shall: check the completeness of the required PAP forms and validated documents before payment request is activated. UNRA will promote consent agreements (MoUs) with PAPs with incomplete documentation or sites that are encumbered with disputes; until such a time when resolution is ascertained. 2. The accounts department will also carry out the necessary due diligence and upon satisfaction will notify the RAP Team which account numbers are due and the ones rejected with corresponding reasons. 3. The RAP Team will undertake financial literacy training and counselling of the PAPs on prudent utilization of the compensation money. This will include offering of basic training for those planning to diversify their investment portfolios. This is explained in detail in chapter 8 on livelihood restoration support initiatives for this RAP.
In line with UNRA-LARP, 2019, Cash compensation shall be paid as follows; 1. Compensation above UGX 200,000/= shall be paid to the bank account of the PAP(s). 2. Compensation below UGX 200,000/= shall be paid through mobile money number(s) of the PAP(s) duly registered mobile phone number.
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1. Salvage and Demolition As per the entitlement matrix the PAPs will be allowed to salvage anything of value within their parcels. This however shall be done after the payment is effected with consultation from UNRA. In cases where there are tenants on properties, the salvaging shall only happen after three months from the date of payment.
2. Vacation Notices After the payment, the PAPs shall be issued with vacation notices, which shall clearly show the required date to vacate the RoW given the fact that the PAPs receive money at varying times. After the 6 months have elapsed upon the PAPs’ payment, they will be required to vacate the RoW unless a special permission is granted by UNRA upon request. To adhere to the AfDB standards, the PAPs shall be encouraged to self-evict themselves and continuous reminders shall be given to those who are found to have defaulted.
In cases where the PAPs deliberately fail to self-evict themselves, engagements shall be held and depending on the circumstances, UNRA may resort to judicial remedies or enforcement of eviction by the enforcement department of UNRA.
3. Grievance Resolution In case any grievances are realised or arise from the implementation of this RAP, it shall be resolved as guided by the UNRA Grievance Redress Mechanism (GRM) which was developed with support from the World Bank. The different processes therein are discussed under chapter 10 of this RAP.
4. Organizational and Implementation Frameworks 1. Internal Implementation team Presented in this section is the proposed implementation team for this RAP. The implementation team of the project shall be multi layered with a team providing oversight of the project and technical team as expounded below;
The Coordination team The project coordination team shall consist of UNRA’s senior management specifically the heads of departments. These shall consist of; 1. UNRA head of Environment and Social Safeguards Department (HESS) 2. UNRA Head land acquisition 3. UNRA head of Corporate Affairs 4. Head of Design Department
Their roles and Responsibilities will be to; 1. Primarily, the coordination team shall provide oversight on all RAP activities 2. Act as a link of the project RAP team and other stakeholders such as donors 3. Link/harmonize the team activities with other UNRA activities
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The RAP Team leader The project manager shall work with the RAP coordination team to link the RAP process with other processes of the project. Such processes may include procurement, effecting design changes and donor relations among others.
The technical team Overall, the proposed team shall consist of a dedicated multidisciplinary team with experience ranging from designing, implementing and monitoring Resettlement Action Processes. This in its right requires a team with vast and varying skills depending on the different functions during RAP implementation. The following team is proposed and their roles are stipulated below;
Table 59: Showing proposed composition and roles of the RAP implementation technical team
Proposed team Estimated Roles on the RAP process category number of personnel
Team Leader 1 1. Oversee the coordination of all activities on the project (Resettlement 2. Act as a link between the project technical RAP team Manager) and the coordination team 3. Oversee external liaisons with the team 4. Ensure timely delivery of the RAP outputs within budget Social 1 5. Oversee mitigation of all social risk on the project Development 6. Oversee the development and implement of the RAP Specialist 7. Supervise all sociologists, client care and Community Liaison officers on the project 8. Oversee Sociologists 2 9. Oversee mitigation of all social risk on the project 10. Oversee stakeholder engagements on the project
11. Undertake implementation of the RAP as per the different specialties 12. Supervise the Junior sociologist, Client care and assistant sociologist 13. Provide oversight on social process on the project 14. Oversee welfare of the PAPs after payment or resettlement 15. Oversee development of the RAP and all processes therein 16. Oversee the monitoring and evaluation of all project process 17. Advise to best implementation practices based on emerging data and lessons learnt from elsewhere. Lead Valuer 1 18. Oversee all valuation activities on the project 19. Oversee fair and timely allocation of entitlements for the PAPs 20. Ensure that all entities on the project are well valued and all snags dealt with
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Valuers 1 21. To collect all details of values and integrate them into asset inventory 22. Oversee entitlement processing for all PAPs on the project Lead surveyor 1 23. Oversee all survey activities on the project 24. Oversee fair and timely collection of parcels of land for the PAPs 25. Ensure that all entities on the project are well survey and all snags dealt with Surveyor 1 26. Oversee the survey of the RoW 27. Capture and process all the data related to the extents of affected properties 28. Deal with all survey snags on the project Client care officer 1 29. Receive the development of all client care strategies 30. Receive and process all inquiries on the project 31. Act as first point contact for PAPs in the allocated sections on the project 32. Oversee all issues as raised by PAPs 33. Collect all grievances as registered by the Grievance Management Committees (GMCs) Legal 1 34. To handle all legal related issues on the project 35. Provide PAPs with any legal advice from time to time
The hierarchical relationship of the different personnel proposed for the project is represented in the figure below;
Figure 6: Hierarchical relationship of the different personnel proposed for the project.
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1. Implementation Schedule 1. Specific RAP implementation Schedule For purposes of this RAP, the implementation schedule shall include remaining RAP preparation tasks including return of assessment forms and conducting complementary studies. In the implementation of the RAP, the following activities shall be conducted such as stakeholder engagements in preparation for IVD, conducting the negotiation and sign off, batching, processing, effecting payments and implementation of resettlement activities, monitoring and evaluation. These activities are outlines in the table below;
Table 60: Showing the implementation schedule
Activity Proposed schedule Responsible personnel
Community and project based August 2021 Senior sociologist Stakeholder engagements
Conducting studies on August 2021 Senior Sociologist complimentary initiatives
Draft Valuation report for CGV July 2021 CGV approval
Approval of final valuation report August 2021 CGV
Identification, Verification and September to October 2021 Valuer Disclosure
Batching From November 2021 and Valuer as PAPs fulfill their requirements
Payment From January 2022 and as Project Accountant PAPs fulfill their requirements until proposed final occupancy date.
Livelihood activities implementation January 2022 to June 2022 Social Development Specialist
Final occupancy date October 2022 Head Enforcement UNRA
Post compensation Monitoring January 2022 until the date Social Development the last PAP is paid Specialist
The successful implementation of all pending activities within the planned RAP implementation schedule presented in the above table will be highly dependent on a number of factors, which include among others; Readiness of the PAPs; The PAPs are required to have the necessary documents and encumbrance free assets if faster processing is to be achieved.
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Availability of funds; Whereas the team might endeavor process the PAPs documents for payment and plan for resettlement, the actual payment of the entitlements is highly dependent on the availability of funds since government has periodic quarterly releases. It is upon such releases that the PAPs shall be paid. Despite this, it is important for the UNRA team to endeavor/ensure that the internal processing of the PAP’s document for payment should not exceed 2 Weeks within the team’s custody. Complexity on the working environment; It is critical to note that resettlement in its right is a complex process and a number of unintended outcomes might be experienced which might constrain project timelines and other resources. Among these include the distorted timelines due to grievances and COVID-19 Pandemic which has distorted the implementation timelines yet uncertainty still looms over the pandemic.
Despite these and other limitations to achieve the scheduled timelines, the team shall adopt adaptive management techniques and treat this RAP as a living document with the necessary modifications made where possible.
2. Data Management All PAPs will be tracked and monitored using a fit-to-purpose database. This shall be used to store and process all the social, valuation and Survey related information.
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CHAPTER 12: MONITORING, EVALUATION AND REPORTING
12.1 Introduction Monitoring, Evaluation and Reporting is an important component of the project implementation process in terms of helping to ascertain the effectiveness, efficiency and sustainability of the proposed RAP interventions. Basing on the findings from the socio-econ studies and impact assessment the RAP team shall monitor the extent of implementation of the proposed interventions.
It is important to understand the way the PAPs have been impacted by the project after relocation. The overall objective of Impact monitoring is to assess the lasting change associated with the RLRP implementation process as compared to the prevailing conditions prior to the RLRP being implemented on both the PAPs and the remaining communities. Specifically Impact monitoring shall aim at providing an assessment of the displacement effects. The implementation and impact of the activities done under the Livelihood Restoration Plan will be tracked through this monitoring and evaluation component. The household level baseline survey will serve as a comparison point for future evaluators to assess progress.
12.2 Monitoring & Evaluation Monitoring and evaluation will include a review of internal monitoring and reporting procedures to ascertain whether these are being undertaken in conformance with this AfDB policies; and a review of internal monitoring records as a basis for identifying any potential areas of non- compliance, any recurrent problems, or potentially disadvantaged groups or households. Some of the key internal mechanisms for monitoring implementation of RAP activities will include: 1. Monthly RAP implementation updates / reports by the RAP implementation teams 2. Monthly progress review of RAP implementation and challenges during project site meetings 3. Quarterly RAP monitoring integral to periodic E&S compliance assessment by DESS teams 4. Stand–alone six-monthly RAP compliance monitoring during the active phase of land acquisition and resettlement. The grievance log books and records shall be reviewed for evidence of significant non- compliance or recurrent poor performance in resettlement implementation or grievance management. Assessment of RAP implementation shall include; 1. Assess whether resources are adequate for implementing commitments in this framework and any training or capacity building requirements; 2. Assess the data management system and its outcomes; 3. Compare actual progress with initial schedule. An external Auditor will dedicate approximately 5 days to each of the missions, with most of this time dedicated to field visits, including interviews with key informants and affected people. Each Auditor’s mission will result in a report prepared independently for UNRA and AfDB. The 114 | P a g e
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Auditor will be selected from amongst companies/firms where individual specialists have significant international experience in resettlement. The RAP team will put into consideration of a number monitoring indicators during monitoring of the RAP implementation as summarized in the table below;
Table 61: Monitoring indicators for the different RAP activities Activity/process/system Performance Indicators
Community participation and 1. No of consultations made (Differentiated from public consultation community, local government, CSOs, PAP specific) 2. No of community members attending meetings
3. Extent of satisfaction with the project consultative process
4. Adequacy of information provided to the PAPs
Livelihood restoration 5. No of livelihood restoration options assessed and classified
6. % of livelihood restoration budget availed for implementation of designed interventions
7. No of livelihood restoration initiatives implemented on the project
Public Assets 8. No of Public assets assessed and restoration strategy designed
Compensation payments 9. No of Payments disbursed within the stipulated timelines
10. No of PAPs partially paid
11. No of PAPs being processed for payment
12. No of PAPs not paid due to encumbrances
13. Average time taken to effect PAP payments
Assistance to Vulnerable PAPs 14. No of vulnerable PAPs identified 15. No. of assistance initiatives implemented
16. No. of vulnerable PAPs provided assistance
Grievance management 17. Number of grievances received 18. Grievances resolved within timeframes
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19. Number of outstanding grievances
20. Number of grievances referred to; judicial system, government agencies etc.
21. No of Reviews done Grievance management system
22. No of grievances outstanding on the project
The RAP Team will prepare on a monthly basis RAP Monitoring reports, which shall include, but not be limited to; 1. Implementation progress reports on the livelihood restoration of economically displaced PAPs and extra assistance provided to vulnerable households, 2. A log of all relevant stakeholder engagements and 3. Details on land and livelihood related grievances and how they are addressed
12.3 Compliance Monitoring UNRA will engage services of an external compliance Auditor to check whether the implementation of the programme complies with this framework and international requirements (AfDB OS 2). The scope of work of the compliance Auditor will include the following tasks.
The general tasks related to assessing the overall compliance with the AfDB policies. This includes Interviewing some affected households and businesses to measure the extent to which project-affected people's standards of living and livelihood are being restored or enhanced, and to gather their opinions on compensation delivery, resettlement and grievance management.
The compensation process shall be reviewed whether entitlements have been delivered in time and, if not, whether delays are justifiable. In addition, it shall be assessed whether compensation is done at replacement cost.
In addition, the assessment will be to establish whether the quality of life and livelihoods of affected households are restored. This includes a review of any livelihood restoration / rehabilitation programmes and the extent to which they are assisting in providing alternative livelihoods for affected households to help offset the impacts of displacement.
12.4 Completion Audit UNRA will organize for a completion Audit be carried out by an external Auditor (potentially the same as that involved in the compliance monitoring). The overall goal of the completion audit is to verify that this Resettlement Policy Framework has been implemented effectively and assisted UNRA in restoring project affected peoples’ standards of living and livelihoods. The completion audit has the following objectives:
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1. Verify that all entitlements and commitments described in the RAP have been delivered; 2. Determine whether RAP measures have been effective in restoring or enhancing affected peoples’ living standards and livelihood; 3. Check on any systemic grievances that may have been left outstanding; 4. Identify any corrective actions necessary to achieve completion of the RAP commitments. The Completion Audit will focus on livelihood restoration of project-affected people. Methods to assess whether livelihoods are restored will be carefully designed. They will mainly include quantitative surveys, resulting in a comparison with the baseline data. This should be done over a statistically significant sample of affected households chosen from all components of the Project. In addition, the Completion Audit will use qualitative approaches to gather data and assess household standards of living. Particular attention should be paid to assessing the impact of land acquisition and resettlement on the circumstances of vulnerable households. The Completion Audit report will present conclusions on the effectiveness of livelihood restoration and identify any corrective measures that would be necessary to complete livelihood restoration of PAPs. The Completion Audit could be undertaken by the same consultant who will carry out Compliance Monitoring. The Completion Audit is typically carried out 1.5-2 years after the active phase of land acquisition and resettlement is complete.
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CHAPTER 13: BUDGET FOR RESETTLEMENT ACTION PLAN AND LIVELIHOOD RESTORATION
13.1 RAP Budget The total compensation value for the access roads to the Umi – Laropi Bridge of 67 PAPs is summed to the total of Ug 1,644,312,987/= (Uganda Shillings One Billion Six Hundred Forty-Four Million Three Hundred Twelve Thousand Nine Hundred Eighty-Seven Shillings Only) inclusive of a 15% Disturbance allowance. Table 62 below illustrates details of RAP budget
Table 62: RAP Budget Sub-county, Parish Village No. of Land Area Value of Land Value of Crops Total PAPs (Acres) Developments Compensation Estimate (inclusive of 15%dist. Allow.) Pacara Sc, Omi Parish Arra 02 18.011 54,033,000 5,326,380 64,200,000 142,093,287
Laropi Tc, Balala Ward Pakoma 10 1.792 5,376,000 17,913,100 25,669,000 55,582,375 East Laropi Tc, Laropi Logubu 55 5.098 22,116,000 1,215,076,500 20,753,000 1,446,637,325 South TOTAL 67 24.901 81,525,000 1,238,315,980 110,622,000 1,644,312,987
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13.2 Budget for proposed Livelihood Restoration and improvement initiatives Budget for proposed Livelihood restoration and improvement initiatives is UGX: 1,210,000,000/= (One billion two hundred and ten thousand shillings only). Table 13-2 below illustrates the budget for livelihood restoration and improvement initiatives
Table 63: Proposed budget for livelihood restoration complimentary initiatives S. No Component Initiative Indicative Budget UGX 1. Agriculture 1. Farmer training and provision of 400,000,000 enhancement agricultural inputs
2. Promotion of linkages and market access
3. Agriculture enterprise and value chain addition
2. Business promotion 4. Provision of financial literacy 80,000,000 training for business owners, entrepreneurs and artisans covering areas of credit management, business planning, marketing, inventory and quality control.
3 Landing site initiatives 5. Business relocation to central 30,000,000 market
6. Women skilling/training program 300,000,000 and provision of equipment (crafts, tailoring, hair dressing, baking and confectionery, grinders) and related skills
4 Fishing Construction of a cold room and fish 400,000,000 stalls
TOTAL 1,210,000,000
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CHAPTER 14: CONCLUSIONS AND KEY RECOMMENDATIONS
14.1 Conclusion
The Laropi Bridge is earmarked for construction to replace the ferry which is the only means of transport across the River Nile form Adjumani to Moyo district. The Bridge shall have majorly two access routes, one on the side Adjumani in Omi village and another on the Moyo side in Laropi town council.
Being a connector on an international route that links Uganda to Southern Sudan, the direct beneficiaries of construction of Laropi bridge and associated approach roads, the project will be traders and transporters using this route. The project will contribute significantly towards removal of the inconveniences and reduction in transport costs that are incurred by traders and other travellers to cross the river after 7.00 pm when the ferry has stopped its day’s operations or when it develops mechanical problems. The construction of the bridge will also improve performance of the various transport sector institutions. It will contribute to poverty reduction by improving household’s incomes and wellbeing through increased access to markets and social services from either side across the Nile
Several potential negative impacts of construction of approach roads are anticipated and maybe severe if mitigation measures are not well implemented. Some land, structures, businesses, crops and trees will be permanently lost to the roads. Other negative impact include impact on land-based livelihoods, business- based livelihoods and enterprises at the landing sites. There were other anticipated social impacts associated with the construction of the bridge and approach roads such as like child labour, defilement, school dropout du e to child labour, family breakdown, prostitutions and increase in HIV/AIDS. This Resettlement Action Plan has been developed with social safeguards and mitigation measures to address these negative impacts.
13.2 Recommendations Considering that the approach roads will affect many structures, the resettlement impacts should be well managed with good planning, RAP implementation, grievance management and monitoring Fair compensation, appropriate livelihood restoration measures and mitigation actions should be effectively and efficiently implemented. The recommendations provided to ensure that the project is implemented in a sustainable manner include;
1. Prompt payment for fair and adequate compensation prior to acquisition of land and property; 2. Replacement at full replacement value for affected properties and residual land. 3. Implementation of livelihood restoration initiatives 4. Recognize the rights and claims of PAPs with no legal and documented ownership evidence of land and properties. 5. Establish functional grievances management structures for equitable access to justice. 6. Provision of development and technical assistance to vulnerable groups 7. Restoration of essential social services and infrastructure affected by the road.
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APPENDICES
ANNEX 1: Stakeholder Engagement Plan (SEP)
STAKEHOLDER ENGAGEMENT PLAN (SEP) FOR THE PROPOSED CONSTRUCTION OF LAROPI BRIDGE AND APPROACH ROADS.
INTRODUCTION
1 Introduction UNRA whose mandate is to develop and maintain the national road network is proposing to build a bridge across the Nile at Laropi/Umi, connecting Adjumani and Moyo Districts. Currently, this crossing is facilitated by Laropi ferry under the management of Uganda National Roads Authority (UNRA). The aforementioned ferry is in good condition, and only operates during day, between 7:00am and 7:00pm for safety and security reasons The Laropi/Umi Bridge will link Atiak-Laropi Road (66km) which is currently under development, and Laropi- Moyo-Afoji Road (37km) which is proposed for upgrade to bituminous standard.
African Development Bank (AfDB) has considered financing the construction of the Laropi/Umi bridge. The National Environment Act No. 5 of 2019, in Schedule 5, requires that a comprehensive Environmental and Social Impact Assessment (ESIA) for such projects is undertaken prior to their implementation. Similarly, the Integrated Safeguards System (ISS) of AfDB, particularly Operational Safeguard 2 (OS 2) requires the preparation of Resettlement Action Plan (RAP) for such projects.
As part of the RAP preparation, the National and AfDB standards require that meaningful stakeholder consultations and engagements are undertaken with various stakeholders at different levels. This Stakeholder Engagement Plan (SEP) is prepared to guide stakeholder engagements and consultations during RAP preparation activities.
2 An over view of Stakeholder engagements
2.1 Stakeholder engagements
A stakeholder is a group or individual who may be affected by the project or have specific interest in the project activities. These may be identified within the right of way, surrounding communities, responsible authorities that are directly or indirectly affected by the road project
Stakeholder engagement is the process by which the project developer enhances the participation of people who have interest in the project and the project affected communities in project activities and decision making processes throughout the life cycle of the project. Meaningful stakeholder engagement has to be all inclusive and conducted in a transparent manner to improve the environmental and social sustainability of projects, enhance project acceptance, relationships and make a significant contribution to successful project design and implementation.
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Stakeholder engagement is usually informed by a set of principles that define core values underpinning interactions with stakeholders. They include the following;
1. Commitment is demonstrated when the need to understand, engage and identify the project affected persons, community and other stakeholders is recognised and acted upon early in the process. The process should commence as soon as scoping paying more attention to communities and households affected by displacement
2. Integrity occurs when engagement is conducted in a manner that fosters mutual respect and trust. Ensure the team works with affected households and communities to explore ways to avoid, minimise where possible physical and economic displacement of households. The stakeholder views should be taken as important and where possible implemented
3. Respect is created when the rights, cultural beliefs, values and interests of stakeholders and neighbouring communities are recognised. Ensure that the public consultations and disclosure processes comply with the national legislation, regulations and AfDB standards.
4. Transparency is demonstrated when community concerns are responded to in a timely, open and effective manner; The team will establish grievance management committees to manage all grievances and concerns
5. Inclusiveness is achieved when broad participation is encouraged and supported by appropriate participation opportunities. Women and vulnerable PAPS should be encouraged to participate at all relevant stages or special arrangements to be made to ensure participation
6. Trust is achieved through open and meaningful dialogue that respects and upholds a community’s beliefs, values and opinions. The process must be culturally appropriate and inclusive of all stakeholders affected by land acquisition, free of interference, manipulation, intimidation or coercion
3 Stakeholder Engagement Plan (SEP) The SEP is a formal strategy to communicate with project stakeholders at national, district and community levels in order to achieve support for the project while observing the national guidelines and international best practices. The SEP defines the technically and culturally appropriate approaches to consultations and engagements. This SEP will assist and guide the RAP team with managing and facilitating engagements through various stages of the project life cycle.
3.1 Objectives of SEP
The key objectives of this SEP are summarised below; 1. To establish a systematic approach to stakeholder consultations and engagements and provide guidance during the RAP development process 2. To identify key stakeholders and understand their engagement requirements 3. To create awareness of the project, potential risks, impacts and seek views on the proposed project design
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4. Describe the legal requirements for consultation and disclosure 5. To define reporting and monitoring measures to ensure the effectiveness of the SEP 6. To provide project-affected parties with accessible and inclusive means to raise issues and grievances for effective management
3.2 Legal framework for consultations and engagements Law/Policy Jurisdiction/Mandate Relevance
The constitution This is the cornerstone of legislation in Uganda. It Enables the affected persons of the Republic provides for participatory governance – Under the with an opportunity to provide of Uganda, 1995 political objectives; part (i) The State shall be input into the project based on democratic principles which empower development from an informed and encourage the active participation of all perspective. It enhances citizens at all levels in their own governance; and project acceptability and (iii), the State shall be guided by the principle of ownership decentralization and devolution of government functions and powers to the people at appropriate levels where they can best manage and direct their own affairs.
National Gender The Gender Policy aims at narrowing the gender Consultations and Policy 2007; and (inequality) gap and promoting equity in access to engagements will be National Plan of and control of resources or development undertaken in a culturally and Action for outcomes by ensuring that gender concerns are socially sensitive manner taking Women. routinely identified and addressed in the into considerations cultural identification, design, appraisal, implementation, dynamics within the project monitoring and evaluation of national, and local area. Engagements will be government policies, plans and programs. structures to ensure participation of all categories
people (women, youth, elderly, PWDS etc)
The Local The Local Government Act (1997) provides for of The consultations and Government Act system of local governments, which is based on engagements shall be (1997); local councils and the participation of the organized in such a way that community members in development planning, involves all the district and lower budgeting, financial management, human local governments traversed by resources and service provision. The Act devolves the project. Engagements will power to the lower local governments who are be organized in consultation accountable for their decisions. with lower local government officials
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Safeguards concerns. The authority further commits to shall be meaningfully Policy (2016) develop and implement mechanisms to attain undertaken effective stakeholder engagement.
African OS 2 of the AfDB ISS require that consultations This SEP has put in place Development and stakeholder engagements are undertaken in mechanisms of ensuring that Bank(AfDB)’s the process of RAP development. The views and concerns of aal ISS and OS 2 consultations with local communities have to be stakeholders are captured open, inclusive and effective. during RAP development The IFC Stakeholder Engagement: According to IFC PS-1 This SEP identifies and Standards Stakeholder engagement is an ongoing process highlights how appropriate regarding that may involve stakeholder analysis and engagement and consultation stakeholder planning, disclosure and dissemination of with all project stakeholders engagement information, consultation and participation, including vulnerable groups and consultation grievance mechanism, and ongoing reporting to shall be undertaken Affected Communities.
3.3 Stakeholder identification and mapping Stakeholder identification is the process of determining individuals, groups or institutions by their key groupings and subgroupings to determine their priorities and objectives in relation to the project. Stakeholder mapping and identifications is based on the location, power, mandate influence, interest and vulnerability in the project. Key consideration is given to those stakeholders who have the power to Influence the project, control what decisions are made, facilitate its implementation and stakeholders with direct or indirect interest in the project.
These stakeholders are identified in the following ways; 1. By determining the project footprint and observations during reconnaissance in the project area 2. In consultation with key local resource persons including the project staff, government officials, community leaders, and interest group representative 3. By brainstorming the preliminary list of stakeholders potentially affected by the project footprint including categories of organisations, interest groups, households, individuals
The stakeholder mapping exercise that was undertaken on the proposed bridge and the approach roads identified different stakeholders at different levels; regional, district, sub county and at community levels as indicated in table 3.1
Table 3: 1 Categories of stakeholders identified for Laropi bridge project Stakeholder category Stakeholder type Targeted stakeholders District Moyo District Local Political and technical teams government Adjumani Political and technical teams
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Sub county Pachara Political and technical teams Laropi Sub County Political and technical teams Landing sites business Umi Business community communities Laropi Landing sites Business community Villages (Communities) Arra Project Affected community Pakoma East Project Affected community Logubu South Project Affected community Business group Central markets Women groups Transporters Bodabodas , boat owners Utility owners Umeme Regional offices National Water and Sewerage Regional offices Corporation (NWSC) Institutions Holy Trinity church and Caretakers Primary school in Laropi Town NGOS/ CBOs Moyo SACCO Those operating in the project area
4. Methodologyfor Stakeholder Engagement
Based on the identified project stakeholders on Laropi bridge project, different methodologies / strategies will be used. An attempt will be made to ensure that all relevant stakeholders are fairly represented and consulted considering issues of leadership positions, gender, age, and physical abilities The methodologies will include but not limited to;
4.1 Correspondences
Letters/Memos and phone calls shall be used in informing the stakeholders of impending engagements and consultations; and a convenient date, venue and time agreed upon.
1. Consultative meetings / Public meetings
These initial engagements will target district leadership both political and technical teams, the sub-counties, the communities and the CSOs/NGOs operating in the project area. These engagements will be through dialogues and consultations. The engagements will provide an enabling environment for stakeholders to air out their views, concerns as well as their recommendations which will be considered during RAP development. Public meetings will be preceded with a preparatory/mobilization activity for the inclusion of all relevant stakeholders. The RAP team will collaborate with the District Community Development Officers (DCDOs) and the sub-county Community Development Officers to identify, notify and mobilize district and local stakeholders to participate in the consultations. These will include political leaders, technical teams, and representatives of women, youth, people with disabilities and business 125 | P a g e
LaropiBridgeResettlementActionPlan community. The planned consultative meetings will be publicized by means of invitation letters to various local government institutions and follow up phone calls. Community meetings will be confirmed indicating the dates, venues and meeting time.
4.3 Focus Group Discussions The UNRA team will also disseminate as well as gather more information about the project through the use of focus group discussions (FGD’s) with a few selected groups along the project area. The information obtained from these groups will be used to enrich the stakeholder views as well as provide a better understanding of the project area. The FGDs will be arranged at the community level especially for engagements between special interest groups such as vulnerable social groups, identified livelihood groups and community representatives like community leaders.
4.4 Key Informant Interview Some people are always more informed on social and economic aspects of the project area than others. To this effect, Key Informant Interviews will be conducted with different categories of expert stakeholders or institutional stakeholder representatives to share relevant project information and derive feedback or build consensus.
1. Surveys
Surveys will be used to obtain socio economic information about project affected persons. Herein the baseline data will be recorded in soft or hard copies which will further help to develop baseline database for monitoring impacts. These will target the affected households, businesses, interest groups and institutions along the project area.
5. Stakeholder Engagement Program
Following the identified stakeholders on the Laropi bridge project, a stakeholder engagement program has been proposed to guide stakeholder engagements and consultations as indicated in table 5:1
Table 5-1: Proposed program for stakeholder engagements for Laropi bridge project
DATE ENGAGEMENT TYPE OF ENGAGEMENT
14/11/2019 Stakeholder Engagement Engagement with District and Sub County for District and Sub leadership about the proposed Laropi bridge in County stakeholders- their district and proposed stakeholder Adjumani engagements
15/11/2019 Stakeholder Engagement Engagement with District and Sub County for District and Sub leadership about the proposed Laropi bridge in County stakeholders- their district and proposed stakeholder Moyo engagements
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DATE ENGAGEMENT TYPE OF ENGAGEMENT
16/11/2019 Stakeholder Engagement Engagement with sub county leaders and for Laropi Sub County community about the proposed Laropi bridge in community their community and proposed stakeholder engagements
20-11-2019 Community Engagement Engagement with affected community in Arra for Arra village village
21-11-2019 Community Engagement Engagement for community at Laropi landing site for Laropi landing site community
22-11-2019 Community engagement Engagement with affected communities in for Lugubu south and Lugubu south and Pakoma West. Pakoma West
23-11-2019 Engagement with utility Engagement with NWSC offices, the Parish priest service providers in Laropi for Holy Trinity church and Primary school in town, Moyo district Laropi Town
23-11-2019 Focus group discussion Focus Group Discussion with community leaders over UMI Rock –Physical and landlords of the Umi rock which is perceived Cultural Resource as the Physical Cultural Resource (PCR)
6. Roles and Responsibilities of implementation team Roles and responsibilities have been defined in order to ensure effective stakeholder engagement during the life of the project. Principal roles and responsibilities for the implementation of this plan during the construction phase are outlined in Table 6-1 below.
Table 6:1. Roles and Responsibilities of implementation team
Roles Responsibilities RAP Team Leader 1. Coordinates with parties for effective implementation of this Plan 1. Evaluates effectiveness of the engagement plan 2. Assign tasks to the team members 3. Supervise the execution of the plan 4. Coordinate preparation of records of engagements for inclusion in the appropriate chapter of the RAP Sociologists 5. Laisse with the DCDO and CDO to arrange for engagements 6. Facilitate engagements 7. Take record of engagement proceedings 8. Conduct Key Informant Interviews and Focus Group Discussions 9. Supervise data collection/collectors Surveyor 10. Facilitates the meetings especially land acquisition 11. Provide response to queries from affected persons 127 | P a g e
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Roles Responsibilities 12. Develop a strip map of the ROW and share with the RAP team Valuer 13. Facilitates the meetings especially valuation of affected properties 14. Provide response to queries from affected persons 15. Compile the valuation report and submit to the Team Leader Data collectors 16. Collect socio economic data from affected households 17. Take record of KIIs and FGDs LC 1s 18. Mobilize communities for engagements 19. Guide the team during data collection within their areas of jurisdiction 20. Support the data collectors in the identification of affected persons
Evidence for implementation of the SEP for Laropi bridge
1. Recordings of The Stakeholder Engagements for Laropi Bridge and Approach Roads 2. Photos Of Stakeholder Engagements For Laropi Bridge and approach roads 3. Attendance lists of the stakeholder engagements
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ANNEX 2: Evidence of implementation of SEP
1. RECORD OF ENGAGEMENTS
RECORDINGS OF THE STAKEHOLDER ENGAGEMENTS FOR LAROPI BRIDGE AND APPROACH ROADS
Aspect Concerns from participants RESPONSE/ PROPOSED MITIGATION
Security concern The current status of using the ferry to The issue of insecurity will be cross River Nile at Laropi- Umi has handled at the national level. been a strong security factor. With the The Government will be in construction of the bridge, there will be charge of the security of the issues of insecurity from the place like any other area in the neighboring countries for example country attackers from Sudan to Uganda
Project duration This is a longwaited for project. The The project is the preliminary stakeholders have fears that the project stages and a number of studies will take so long to start. When will the are being conducted to inform project start? What should leaders tell the project design. The people about the proposed project in commencement date is not yet terms of time of commencement fixed.
Designs and Construction of Laropi bridge will not The design team to be informed concerns on other only serve West Nile region but the of this view and concern. road projects entire nation. In fact, it should not be
looked at as a national project but a continental project. It is not only Yes, it is conceivable. Currently connecting Sudan and Congo but also UNRA has got many projects Central African Republic. It will also which were once proposals. enhance the Cairo- Cape town Even the Moyo- Atiak Road will highway. Will the design of the bridge ever be worked the proposed take into consideration of the wider Bridge will be worked on. The picture of the beneficiaries of the design team to be informed of proposed bridge? this view and concern
If Moyo -Atiak road has been in a bad No. The proposed construction condition for long, is it conceivable that of Moyo-Atiak- and proposed the bridge of that nature can be construction of Laropi-bridge constructed on laropi? are two independent projects. The proposal of Laropi bridge We want the design of the bridge be in will not cancel the proposed such way that it can allow boats to pass Atiak- Nimule Road. under the bridge. We used to have boat engines on this river. The engineering team will harmonize the approach roads Will it be possible We have been and the Moyo- Atiak road to hearing about the proposed 129 | P a g e
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construction of Moyo- Atiak road by avoid the loss since the UNRA? Now UNRA is again talking of approach roads will be diverted construction of the bridge at Laropi. from the current road
Does this mean that the proposed road was cancelled? Is there a way of harmonizing this current road works from Moyo, Laropi up to Atiak so that it can easily connect to the proposed bridge and build some of the town roads of Laropi?
Compensation and Will they compensate only the affected All land in in Uganda is worth valuation. households or even the agricultural something, so every land has land and grazing areas. value and all will be assessed and compensated If the road construction affects the rocks, will the rocks be compensated. The owners of the roads will be compensated. Fear of inadequate compensation to enable the PAPs replace their property. The assessment of affected properties will be conducted
guided by a project level methodology that was developed also approved by the Chief Government Valuer (CGV). The key intention of the methodology is to ensure that assessments are conducted based on the principle of full replacement cost. Other uplifts in form of targeted assistance to vulnerable households and support for livelihood restoration or enhancements shall be provided to affected household on a case by case basis.
Restoration of When the bridge is diverted from the A through study will be livelihoods. current landing sites, the economic conducted on the business activities at the landing sites will be communities and the disrupted e.g eating places, kiosks, dry appropriate actions will be done and fresh fish vendors, motor boat for the affected persons. transport and boda-boda all will be affected and people will automatically lose livelihoods. What plans do you
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have for such people since it’s the source of fees and food?
Job opportunities Will the local community benefit from UNRA always tasks the job opportunities during the bridge contractors to employ people construction? from the local communities especially for non-skilled labor. So yes there shall be jo opportunities available for the local community
HIV/AIDs There is the risk of HIV/AIDS increasing Nominated Service Provider is prevalence in the area when the construction starts. engaged to manage the How is it going to be handled? awareness about HIV/AIDS in the project area to mitigate against the spread of the scourge
Fatherless Chinese fathering babies within the Adequate sensitization will be children. community and leave them behind at conducted both for community the end of the project. What will UNRA members and the project do about this issue workforce to mitigate against this issue. The project may not
necessarily be implemented by the Chinese company but the sensitization will cover whichever contractor shall be on the ground.
Destruction of Will they Plant trees along the road? UNRA has a program called existing vegetation Since they are going to cut down some GROW that plants trees along trees. all the road reserves of UNRA roads. So trees will be planted
on the approach roads once the project is completed
Aquatic The bridge could be constructed on the Adequate studies will be destruction breeding fish places /areas. UNRA conducted to cater for such should consult with ministry of Fisheries concerns and mitigation for technical guidance. measures identified and implemented.
Land ownership UNRA has got land around the landing The land willstill be for UNRA site are you going to hand over the land since UNRA is the government to the local government? body
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Vulnerability There are old people, People with The project pays keen attention issues Disabilities and families which are to people with advanced age, headed by young people in the ROW persons with disabilities (PWDs) and all other vulnerable groups. These are identified and their households are further assessed to determine level of extra support required for them to replace their livelihoods. Those that are found to be really deserving are supported by the project team to replace their land and housing while those whose social support at the family level is found to be strong enough, are assisted to purchase land and to replace their houses
There are some features of public Adequate engagements will be interest on the proposed approach road conducted with the custodian of Historical sites –Umi side. It is said that there are the said physical Cultural cultural attachments on the caves Resources to establish the facts inside the rocks on Umi village. Will the about them and act accordingly. project affect them?
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PHOTOS OF STAKEHOLDER ENGAGEMENTS FOR LAROPI BRIDGE PROJECT
Stakeholder engagements at Adjumani district -14-11-2019
Enagement with Chairman LCV at Adjumani on 14-11-19 Key infromant interview with Chairman LCV at Adjumani on 14-11-19
Key infromant interview with CAO at Adjumani on 14-11-19
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Stakeholder engagement at Adjumani district local Government on 15-11-2019
Community engagement for Arra Central village omi landing site on 20-11-2019
Stakeholder engagement with business community in Laropi, Moyo side -21-11-19
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Community engagement for Pakoma and Lugubu south villages at Laropi landing site on 22-11-2019
Engagement with fish Vendors Umi landing sitesEngaement with clan leaders on OMI rocked percieved as PCR
ANNEX 3: Vualuation Report for Laropi Bridge project
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OMI - LAROPI BRIDGE PROJECT LIST OF PROJECT AFFECTED PERSONS Serial No. Name of Beneficiary Tenure Type LAND SIZE HECTARES ACRES
ADJUMAN DISTRICT, PACARA SUBCOUNTY, OMI PARISH, ARRA VILLAGE
OBUNI FRANCI VS LEO (Land Customary OMLP 001 under dispute) 0.000 MOYO DISTRICT, LAROPI SUBCOUNTY, BALALA PARISH, PAKOMA EAST VILLAGE 1 OMLP-002 LAROPI SUBCOUNTY Customary RHS 2 OMLP-003 LADA GEORGE Customary RHS AMACHA ROBERT VS Customary 3 OMLP-004 OBULEJO FLAMIN RHS 4 OMLP-005 ENDREO CELINA Customary RHS AMOKO FRANCIS/ IGAMA Customary 5 OMLP-006 MARTIN RHS 6 OMLP-007 DULUA MARY Customary RHS ONOMA PASICALE AND Customary 7 OMLP-008 AMOLU RICHARD RHS 8 OMLP-009 LADA GEORGE Customary RHS Licensee to Lada 9 OMLP-009L ONOMA PASICALE George RHS 10 OMLP-010 DRAMEUTU FRANIS Customary RHS MOYO DISTRICT, LAROPI SUBCOUNTY, LAROPI PARISH, LOGUBU SOUTH VILLAGE 11 OMLP-011 ANZUVUKU PAUL Customary RHS 12 OMLP-012 LAROPI SUBCOUNTY Customary RHS Licensee to Laropi RHS 13 OMLP-012L LONGA CHARULO Subcounty 14 OMLP-013 ANZUVUKU PAUL Customary RHS 15 OMLP-014 LONGA CHARULO Customary RHS 16 OMLP-015 DRICHI ROBERT Customary RHS ANDRAWA AHWITO Customary RHS 17 OMLP-016 FRANCIS 18 OMLP-017 UNZI ALBERT Customary RHS 19 OMLP-018 AMBIRA FELIX Licensee RHS 20 OMLP-019 ERIGA PASKALE Customary RHS 21 OMLP-020 AMAMARO CONSTANTINO Customary RHS 22 OMLP-021 OLERU ZAINAH Customary RHS 23 OMLP-022 0 Customary RHS 24 OMLP-023 LAROPI SUBCOUNTY Customary RHS Licensee to Laropi RHS 25 OMLP-023L1 AMAFEKU MOSES Subcounty BODA BODA ASSOCIATION Licensee to Laropi RHS 26 OMLP-023L2 LAROPI Subcounty 136 | P a g e
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Licensee to Laropi RHS 27 OMLP-023L3 TABAN WILSON Subcounty Licensee to Laropi RHS 28 OMLP-023L4 LAGU JOSEPH Subcounty Licensee to Laropi RHS 29 OMLP-023L5 DRICHI MUGU ROBERT Subcounty Licensee to Laropi RHS 30 OMLP-023L6 ANDAKU NICHOLAS Subcounty 31 OMLP-024 TIONDI DAVID MUGU Customary RHS Licensee to Tioni RHS 32 OMLP-024L1 KONYIO ALICE David Mugu Licensee to Tioni RHS 33 OMLP-024L2 DRAMOYO RONALD David Mugu 34 OMLP-025 BARU CHARLES Customary RHS 35 OMLP-026 EDEMA GEORGE Customary RHS Licensee to RHS 36 OMLP-026L1 FONE REGINA Edema George Licensee to RHS 37 OMLP-026L2 MARIA MUGU RASULU Edema George 38 OMLP-027 OBULEJO RAJAB Customary RHS 39 OMLP-028 EBERUKO DOMINIC Customary RHS 40 OMLP-029 ASILAZA LEONARD Customary RHS 41 OMLP-029L1 OGOLE BADURU ADIRIS Licensee RHS 42 OMLP-029L2 CHANDIGA BROWN Licensee RHS 43 OMLP-030 MANGBWI VICTOR LUMPE Customary RHS 44 OMLP-031 MZEE ABASS/ GINO MOSES Customary RHS 45 OMLP-032 OBULEJO NASURU BOSCO Customary RHS 46 OMLP-033 ANYAMA ALFRED Customary RHS 47 OMLP-034 SELE EZEKIEL Customary RHS 48 OMLP-035 VUCIRI NORIS ROBERT Customary RHS 49 OMLP-036 ALI LAZARUS MODEST Customary RHS 50 OMLP-037 IGAMA GEORGE KAMS Customary RHS 51 OMLP-038 VUDRIKO GABRIEL Customary RHS 52 OMLP-039 AYIGA MICHAEL Customary RHS 53 OMLP-040 MANGBWI VICTOR LUMPE Customary RHS 54 OMLP-041 OBULEJO RAJAB Customary RHS 55 OMLP-042 VUDRI ALEX Customary RHS 56 OMLP-043 ALUMAI FRANCIS Customary RHS 57 OMLP-044 KONYIO ALICE Customary RHS 58 OMLP-045 ALUMAIYA JOYCE Customary RHS 59 OMLP-046 OGOLE BADURU ADIRIS Customary RHS WAWA CHRISTINE/ WAWA Customary 60 OMLP-047 SULEIMAN LHS 61 OMLP-048 KONYIO ALICE Customary LHS 62 OMLP-049 DRICHI MUGU ROBERT Customary LHS
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Licensee to Drichi 63 OMLP-049L1 LIKAMBO SWADICK Mugu Robert LHS 64 OMLP-050 VUZARA SIMON Customary LHS 65 OMLP-051 ABE IBRAHIM SALIM Customary LHS HOLY TRINITY CATHOLIC Customary CHURCH LAROPI, ARUA 66 OMLP-052 DIOCESE LHS
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VALUATION ASSESSMENT FOR LAND AND DEVELOPMENTS
DETAILS OF BENEFICIARIES DETAILS OF LAND TAKE
No. Reference No. Name of the PAP Tenure System Area (Acres) Remarks
ADJUMAN DISTRICT, PACARA SUBCOUNTY, OMI PARISH, ARRA VILLAGE
OBUNI FRANCI VS Land under LEO (Land under ownership 1 OMLP-001 dispute) Customary 18.011 dispute
2 OMLP-001L UNKNOWN Licensee 0.000 -
Sub-Total 18.011 - MOYO DISTRICT,LAROPI SUBCOUNTY, GBALALA PARISH, PAKOMA EAST VILLAGE LAROPI Laropi 3 OMLP-002 SUBCOUNTY Customary 0.628 Subcounty forest 4 OMLP-003 LADA GEORGE Customary 0.013 AMACHA ROBERT Land under VS OBULEJO ownership 5 OMLP-004 FLAMIN Customary 0.252 dispute Land under ownership 6 OMLP-005 ENDREO CELINA Customary 0.100 dispute AMOKO FRANCIS/ 7 OMLP-006 IGAMA MARTIN Customary 0.084 -
8 OMLP-007 DULUA MARY Customary 0.137 - ONOMA PASICALE AND AMOLU 9 OMLP-008 RICHARD Customary 0.572 -
10 OMLP-009 LADA GEORGE Customary 0.000 - Licensee to Lada 11 OMLP-009L ONOMA PASICALE George 0.000 -
12 OMLP-010 DRAMEUTU FRANIS Customary 0.006 -
Sub-Total 1.792 - MOYO DISTRICT,LAROPI TOWN COUNCIL, CENTRAL WARD, LOGUBU SOUTH CELL
13 OMLP-011 ANZUVUKU PAUL Customary 1.441 - LAROPI 14 OMLP-012 SUBCOUNTY Customary 0.141 -
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Licensee to Laropi 15 OMLP-012L LONGA CHARULO Subcounty 0.000 -
16 OMLP-013 ANZUVUKU PAUL Customary 0.000 -
17 OMLP-014 LONGA CHERULO Customary 0.026 -
18 OMLP-015 DRICHI ROBERT Customary 0.116 - ANDRAWA AHWITO 19 OMLP-016 FRANCIS Customary 0.040 -
20 OMLP-017 UNZI ALBERT Customary 0.028 -
0 OMLP-018 AMBIRA FELIX Customary 0.041 -
22 OMLP-019 ERIGA PASKALE Customary 0.028 - AMAMARO 23 OMLP-020 CONSTANTINO Customary 0.012 -
24 OMLP-021 OLERU ZAINAH Customary 0.028 -
25 OMLP-022 0 Customary 0.002 - LAROPI 25 OMLP-023 SUBCOUNTY Customary 0.074 - Licensee to Laropi 26 OMLP-023L1 AMAFEKU MOSES Subcounty 0.000 - BODA BODA ASSOCIATION Licensee to Laropi 27 OMLP-023L2 LAROPI Subcounty 0.000 - Licensee to Laropi 28 OMLP-023L3 TABAN WILSON Subcounty 0.000 - Licensee to Laropi 29 OMLP-023L4 LAGU JOSEPH Subcounty 0.000 - DRICHI MUGU Licensee to Laropi 30 OMLP-023L5 ROBERT Subcounty 0.000 - Licensee to Laropi 31 OMLP-023L6 ANDAKU NICHOLAS Subcounty 0.000 - TIONDI DAVID 32 OMLP-024 MUGU Customary 0.055 - Licensee to Tioni 33 OMLP-024L1 KONYIO ALICE David Mugu 0.000 - Licensee to Tioni 34 OMLP-024L2 DRAMOYO RONALD David Mugu 0.000 -
35 OMLP-025 BARU CHARLES Customary 0.065 -
36 OMLP-026 EDEMA GEORGE Customary 0.063 - Licensee to 37 OMLP-026L1 FONE REGINA Edema George 0.000 - 140 | P a g e
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MARIA MUGU Licensee to 38 OMLP-026L2 RASULU Edema George 0.000 -
39 OMLP-027 OBULEJO RAJAB Customary 0.017 -
40 OMLP-028 EBERUKO DOMINIC Customary 0.004 -
41 OMLP-029 ASILAZA LEONARD Customary 0.085 - OGOLE BADURU 42 OMLP-029L1 ADIRIS Licensee 0.000 -
43 OMLP-029L2 CHANDIGA BROWN Licensee 0.000 - MANGBWI VICTOR 44 OMLP-030 LUMPE Customary 0.042 - MZEE ABASS/ GINO 45 OMLP-031 MOSES Customary 0.045 - OBULEJO NASURU 46 OMLP-032 BOSCO Customary 0.051 -
47 OMLP-033 ANYAMA ALFRED Customary 0.045 -
48 OMLP-034 SELE EZEKIEL Customary 0.047 - VUCIRI NORIS 49 OMLP-035 ROBERT Customary 0.047 - ALI LAZARUS 50 OMLP-036 MODEST Customary 0.221 - IGAMA GEORGE 51 OMLP-037 KAMS Customary 0.045 -
52 OMLP-038 VUDRIKO GABRIEL Customary 0.053 -
53 OMLP-039 AYIGA MICHAEL Customary 0.053 - MANGBWI VICTOR 54 OMLP-040 LUMPE Customary 0.131 -
55 OMLP-041 OBULEJO RAJAB Customary 0.143 -
56 OMLP-042 VUDRI ALEX Customary 0.149 -
57 OMLP-043 ALUMAI FRANCIS Customary 0.215 -
58 OMLP-044 KONYIO ALICE Customary 0.080 -
59 OMLP-045 ALUMAIYA JOYCE Customary 0.000 - OGOLE BADURU 60 OMLP-046 ADIRIS Customary 0.137 - WAWA CHRISTINE/ 61 OMLP-047 WAWA SULEIMAN Customary 0.163 -
62 OMLP-048 KONYIO ALICE Customary 0.161 - DRICHI MUGU 63 OMLP-049 ROBERT Customary 0.305 -
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Licensee to Drichi 64 OMLP-049L1 LIKAMBO SWADICK MuguRobert 0.090 - VUZARA SIMON/ MUGWERA 65 OMLP-050 MARGRET Customary 0.100 -
66 OMLP-051 ABE IBRAHIM SALIM Customary 0.145 - HOLY TRINITY CATHOLIC CHURCH LAROPI, ARUA 67 OMLP-052 DIOCESE Customary 0.364 - Sub-Total 5.098
GRAND TOTAL 24.901
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Valuation report summary
VALUATION OMI - LAROPI BRIDGE PROJECT (3.5KM) SURVEY AND VALUATION REPORT FOR OMI - LAROPI BRIDGE ASSESSMENT FOR LAND AND DEVELOPMENTS Sub Total Value for Dist. Allow. Total Value Town Land Area Land Value Value for Land, District Ward Cell Developments @ 15% Estimate Council (Acres) (UGX) Crops (UGX) Developments & (UGX) (UGX) (UGX) Crops (UGX)
1 ADJUMAN PACARA OMI ARRA 18.011 54,033,000 5,326,380 64,200,000 123,559,380 18,533,907 142,093,287 2 PAKOMA BALALA EAST 1.792 5,376,000 17,913,100 25,669,000 48,332,500 7,249,875 55,582,375 MOYO LAROPI LOGUBU LAROPI SOUTH 5.098 22,116,000 1,215,076,500 20,753,000 1,257,945,500 188,691,825 1,446,637,325
GRAND TOTAL 24.901 81,525,000 1,238,315,980 110,622,000 1,429,837,380 214,475,607 1,644,312,987
Source: Valuation report
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ANNEX 4: Proposed Complimentary initiatives for Laropi bridge Introduction Engagements with different stakeholders including the community and district authorities of Moyo and Adjumani revealed that agriculture and fishing constitute significant sources of livelihoods for the communities within the project area. The most common crops grown in the project rea include Cassava, simsim, maize, groundnuts, beans and livestock rearing. The proposed initiatives are geared towards enhancing farmers’ skills so that their productivity can be improved. This is envisaged to be done through provision of agricultural inputs, farmer training and value chain addition. These proposals within the NDP 3 priority areas to facilitate economic growth in Uganda among which include the following: 1. Increasing household incomes and promoting equity 2. Enhancing the availability and quality of gainful employment 3. Promoting science, technology, innovation and ICT to enhance competitiveness 4. Enhancing human capital development
In addition, the proposals fall within objectives of the five-year district development plans of Moyo and Adjumani districts that are also hinged on the National Development Plan III.
Engagements with district, sub county leaders and communities during socio economic baseline studies for Laropi bridge project recommended a number of interventions as a form additional support to communities to mitigate against the impacts of the proposed project. These initiatives provide wide ranging benefits that cover even persons that are not directly affected by the project. Proposed interventions can be categorised into three including Agriculturally based initiatives, business based initiatives and landing site based initiatives The initiatives are enumerated and described below; 1. Agriculturally based initiatives
The initiatives proposed under this category target a portion of the community in the project area that is involves in subsistence agriculture. The initiatives include; 1. Provision of inputs like fertilizers and improved seeds; including introduction of high value crops, livestock, improved marketing and value chain addition. 2. Provision of critical skills required to empower the farmers and enable them access financial services and management of credit 3. Enhance and promote linkages to existing government programs within the area such as the Youth and Women empowerment programs, Operation Wealth Creation to enable the affected households access inputs like fertilizers and improved seeds.
2. Businesses based initiatives
The initiatives under these category target business owners within the project area, particularly the businesses along the right of way that are affected by the project. The initiatives proposed include;
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4. Provision of financial literacy training for business owners, entrepreneurs and artisans covering areas of credit management, business planning, marketing, inventory and quality control. 5. Skills and vocational training;
1. Landing site based initiatives
This category of initiatives targets the 38 landing site businesses that are eligible for livelihood restoration even when they are not within the right of way. The proposals are here below; 2. Relocating the business women to the already existing central market in Laropi town for continuity in business. The relevant departments in Laropi Town council will be key players in program implementation and the cost determination. 3. Provision of a skilling program to train the business women in alternative income generating activities like papyrus crafts, tailoring, hair dressing, baking and confectionery and related skills. Women admitted that they did not intend to seek employment outside their home area. Skilling the women could benefit them as they can use their acquired skills to enhance and diversify livelihood sources. 4. For the men, training and provision of equipment for stone quarrying. Findings indicated that stone/ rock quarrying was one of the activities men in the project area engaged in. This activity would be an alternative source of livelihood for men currently involved in landing site based activities such as boat transportation. 5. Provision of small household equipment like groundnut grinders and processing to women on the landing sites. This was identified as a home based income generating enterprise. Supporting women with such equipment can help them cope up.
6. Construction of a cold room for fresh fish storage with fish vending stalls
Road side markets support rural livelihoods and are a critical source of income to women and other vulnerable groups of people in the rural country side including in the project area. The construction of a cold room and fish stalls would provide an opportunity for the women currently involved in fish to continue with their business with better facilities.
PROPOSED BUDGET FOR FINANCING COMPLIMENTARY INITIATIVES S. No Component Initiative Indicative Budget UGX 1. Agriculture 7. Farmer training and provision of 400,000,000 enhancement agricultural inputs
8. Promotion of linkages and market access
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9. Agriculture enterprise and value chain addition
2. Business promotion 10. Provision of financial literacy 80,000,000 training for business owners, entrepreneurs and artisans covering areas of credit management, business planning, marketing, inventory and quality control.
3 Landing site initiatives 11. Business relocation to central 30,000,000 market
12. Women skilling/training program 300,000,000 and provision of equipment (crafts, tailoring, hair dressing, baking and confectionery, grinders) and related skills
4 Fishing Construction of a cold room and fish 400,000,000 stalls
TOTAL 1,210,000,000
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ANNEX 5: Attendance Lists
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