ABBREVIATED

Public Disclosure Authorized RESETTLEMENT AND COMPENSATION ACTION PLAN

Public Disclosure Authorized Public Disclosure Authorized

NYAMWAMBA HYDROPOWER PROJECT

KILEMBE SUB-COUNTY KASESE DISTRICT

Public Disclosure Authorized SOUTH ASIA ENERGY VS HYDRO (PVT) LIMITED

MANAGEMENT SYSTEMS CACL CONSULT LTD

DECEMBER 2010

Resettlement Action Plan for Nyamwamba Small Hydro Power Project

THE RAP STUDY TEAM

This is to certify that the Resettlement and Compensation Action Plan for the proposed Nyamwamba small hydro power project in Kilembe Sub‐county was conducted under our direct supervision and the information provided in this report is correct to the best of our knowledge.

Name Responsibility Signature Mr. Ochola Bernard Lead Sociologist

Mr. Tumusiime Alfred Environment Systems Analyst

Ms. Aisu Elizabeth Sociologist

Mr. Balinda S. Birungi Valuer

Mr. Otwane Ben Land Surveyor

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd ii Resettlement Action Plan for Nyamwamba Small Hydro Power Project

TABLE OF CONTENTS THE RAP STUDY TEAM ...... ii LIST OF ACRONYMS ...... vi KEY DEFINITIONS ...... vii EXECUTIVE SUMMARY ...... iv 1 INTRODUCTION ...... 1 1.1 Project General Background ...... 1 1.2 Brief project description ...... 1 1.3 Associated facilities ...... 2 1.4 Approach and Methodology ...... 4 1.5 Limitations ...... 4 2 LEGAL AND INSTITUTIONAL FRAMEWORK ...... 6 2.1 Institutional Framework...... 6 2.1.1 Central Level ...... 6 2.1.2 Decentralized Level ...... 6 2.2 Applicable laws of the Republic of Uganda ...... 7 2.2.1 Overview ...... 7 2.2.2 The 1995 Constitution ...... 7 2.2.3 The Electricity Act, 1999 ...... 8 2.2.4 The Land Act 1998 ...... 8 2.2.5 Land Tenure Regimes and Transfer of Land ...... 10 2.3 International requirements...... 13 2.4 Gap Analysis ...... 15 3 SOCIAL ECONOMIC BASELINE ...... 17 3.1 Introduction ...... 17 3.2 Objectives of social economic studies ...... 17 3.3 General background ...... 18 3.3.1 Administrative sub‐divisions ...... 18 3.3.2 Land use and settlement ...... 19 3.3.3 General demographic information ...... 19 3.3.4 Religious profiles of house hold heads ...... 21 3.3.5 Land tenure...... 21 3.3.6 Livelihoods ...... 22 3.3.7 Occupation...... 22 3.3.8 Agriculture ...... 23 3.3.9 Crop production ...... 25 3.3.10 Other sources of livelihoods ...... 25 3.3.11 Households incomes ...... 25 3.3.12 Health and sanitation ...... 26 3.3.13 Availability of health services ...... 27 3.3.14 Fuel sources ...... 28 4 IMPACTS OF THE PROJECT ...... 30 4.1 Introduction ...... 30 4.2 Impact on land ...... 30 4.3 Impact on structures ...... 30 4.3.1 Impact on residential structures ...... 30 4.3.2 Impact on other structures...... 30 4.3.3 Impact on public and community institutions...... 31 4.4 Impact on people and livelihood ...... 31 4.4.1 Physically Displaced People ...... 31 4.4.2 Economically Displaced People ...... 32 4.4.3 Total Number of Affected Households ...... 32

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4.4.4 Temporary land requirements for construction ...... 32 4.4.5 Shrines and other cultural features ...... 33 4.4.6 Other General Impacts ...... 33 4.5 Positive Impacts...... 34 5 PUBLIC CONSULTATION ...... 35 5.1 Introduction ...... 35 5.2 Consultations ...... 35 5.2.1 Summary of issues raised by PAPs during consultations ...... 35 6 COMPENSATION AND RESETTLEMENT STRATEGY ...... 37 6.1 Key principles ...... 37 6.2 Eligibility for Compensation ...... 38 6.2.1 General Approach of Compensation and Resettlement ...... 38 6.2.2 Census and Cut‐off Date ...... 39 6.2.3 Basis for Valuation of Losses ...... 39 6.2.4 Speculative Structures ...... 40 6.3 Entitlements ...... 40 6.3.1 Categories of Affected people ...... 40 6.3.2 Vulnerable people...... 40 6.3.3 Compensation and resettlement packages...... 41 6.3.4 Primary Entitlement Measures...... 41 6.3.5 Compensation for loss of land...... 41 6.3.6 Compensation for loss of crops ...... 42 6.3.7 Compensation for loss of structures ...... 42 6.4 Cash Compensation ...... 45 6.4.1 Principles ...... 45 6.4.2 Compensation Rates – Structures ...... 45 6.4.3 Compensation Rates – Crops ...... 46 6.4.4 Compensation Rates ‐ Moving ...... 46 6.4.5 Disturbance Allowance ...... 46 6.4.6 Salvaging ...... 46 7 CONSULTATION WITH PAPS ON COMPENSATION OPTIONS ...... 47 7.1 Option Disclosure at Sub‐County and Village Level ...... 47 7.2 Individual Disclosure Meetings ...... 47 7.3 Local Cash Compensation Review Committees ...... 47 8 LIVELIHOOD RESTORATION ...... 49 8.1 Overview ...... 49 8.2 Eligibility ...... 49 8.3 Payment ...... 50 8.3.1 Principles ...... 50 8.3.2 Payment Procedure ...... 50 9 GRIEVANCE REDRESS MECHANISM ...... 51 9.1 Overview ...... 51 9.2 Likely Types of Grievances and Disputes...... 51 9.3 Grievances Redress Procedure ...... 52 10 COMMUNITY DEVELOPMENT PLAN ...... 52 10.1 Priority Areas of Emphasis in the Community Development Plan ...... 52 11 MONITORING AND REPORTING PLAN ...... 54 11.1 Overview ...... 54 11.2 Internal Monitoring ...... 54 11.3 External Monitoring ...... 55 11.4 Compliance and Completion Audits ...... 55 11.4.1 Overview ...... 55 11.4.2 Compliance Reviews ...... 55

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11.4.3 Completion Audit ...... 56 12 OUTCOME EVALUATION ...... 57 12.1 Indicators for Outcome Evaluation ...... 57 12.2 Implementation of Outcome Evaluation ...... 57 13 IMPLEMENTATION OF THE RAP ...... 58 13.1 Overview ...... 58 13.2 Involvement of Other Parties ...... 58 14 BUDGET ...... 59 14.1 Overview ...... 59 15 ANNEXES ...... 60 ANNEX 1: FGD DISCUSSION ON THE SOCIAL ECONOMIC ASPECTS AND KEY INFORMANT INTERVIEWS 60 ANNEX 2: LIST OF PEOPLE AND INSTITUTIONS CONSULTED ...... 80 ANNEX 3: HOUSE HOLD QUESTIONNAIRE ...... 82 ANNEX 4: FGD GUIDE ...... 88 ANNEX 5: KEY INFORMANTS INTERVIEW GUIDE ...... 89 ANNEX 6: IDENTIFICATION AND VALUATION DOSSIER ...... 90 ANNEX 7: STRIP MAPS FOR LAND TO BE ACQUIRED ...... 92

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LIST OF ACRONYMS

AIDS Acquired Immunodeficiency Syndrome DWD Department of Water Development EIA Environmental Impact Assessment GoU Government of Uganda HPP HydroPower Project IFC International Finance Corporation IFI International Financial Institutions LC Local Council MW MegaWatt NEMA National Environmental Management Authority RAP Resettlement Action Plan RoW Right‐of‐Way SEA Social and Environmental Assessment TOR Terms of Reference UGX Uganda Shilling

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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: The project, to be developed by SAEMS, shall have an installed capacity of 14 MW, and once commissioned is expected to feed in approximately 50 Mn. Units annually, to the national electric grid.

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): Any person who, as a result of the implementation of the Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Not all PAP need to move due to the Project. PAP may include:

• Physically Displaced People, ie people subject to Physical Displacement as defined hereunder,

• Economically Displaced People, ie 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: Payment in cash or in kind at replacement value for an asset or a resource that is acquired or affected by the Project at the time the assets need to be replaced.

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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 defray the expenses of a transition to a new locale, 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 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:

‐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;

‐ 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;

‐ 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 labor 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 be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

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EXECUTIVE SUMMARY

The project

The river Nyamwamba, is one of the several rivers that originate in the upper slopes of the Rwenzori Mountains, and flow down the Eastern face of the mighty Rwenzori Mountains,and joins the Semiliki river through lakes George and Edward in the Western Rift Valley of Uganda.

The proposal is to harness the hydropower potential of the river Nyamwamba as it drops down 200 m in a series of rapids, in the Kilembe mines area. The project, to be developed by SAEMS, shall have an installed capacity of 14 MW, and once commissioned is expected to feed in approximately 50 Mn. Units annually, to the national electric grid.

The scope of this RAP is to provide details on (i) the populations to be affected, (ii) the regulation framework, (iii) the methods used for identification of Project Affected Persons (PAP), (iv) the methods and scope of consultation with PAP on resettlement issues, (v) the resettlement and compensation packages, (vi) the methods and planning of resettlement and compensation, (vii) the institutional arrangements for the implementation of the RAP, (viii) the cost of the RAP, (ix) special assistance to vulnerable PAP, and (x) external and internal monitoring.

The legal and Policy background Both the SEA and this RAP have been prepared to comply with the National Environment management Authority (NEMA), the Ugandan agency in charge of environmental protection. This document has been prepared in accordance with FMO BANK RAP requirements, as they stand in performance standards “Hand book for preparing a Resettlement Action Plan and OP 4.12 “Involuntary Resettlement”.

The constitution (1995), the land Act (1998) and the Electricity Act (1999) are the main Ugandan laws applicable as far as acquisition of land for public interest, compensation and resettlement are concerned.

The constitution provides that compensation shall be “fair adequate and prompt”. Both the constitution and the Land Act make specific provisions to protect the rights of spouses and the children. Specifically, the prior consent of the spouse is required in writing before land transaction can occur. Land management and control of land transactions are decentralized at the district and the parish levels, according to the general frame work of decentralized powers in Uganda.

Some aspects of the WBG requirements are more favorable to the project affected Persons than the Ugandan regulations in terms of compensation amounts (valuation at “full replacement” value as per FMO BANK instead of depreciated cost as per the

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Ugandan laws) and in terms of resettlement (FMO BANK strongly recommends “land for land compensation” while there is no such provision to that effect in the Ugandan law). For this project, specific uplifts are intended at fully meeting the FMO BANK requirements on top of the Ugandan requisites.

Project impacts

Project impacts‐Land Land affected by the construction and operation of the interconnection system falls into the following categories; . Intake canal . Canal spill way . Main canal intake gate . Open head race canal . Fore bay . Fore bay spill way . Penstock . Power house.

Temporary land needs for construction purposes. During construction, some areas may have to be temporarily occupied by the contractors in charge of construction. Owners and occupants will be compensated against the loss of crops if any, and will receive a rent from the contractors for temporary occupation. There will be no transfer of rights in this case. Damaged crops will be compensated for, as required.

Project impacts‐People Physically displaced people Physically displaced people are people whose residence has to be displaced because it is located in the project land acquisition area. Economically displaced people Economically displaced people are defined here as people whose livelihoods are affected by the project land acquisition to such an extent that, even if they are not physically displaced, they will have to move to regain similar economic opportunities. In an agricultural setting, this is usually the case because people are affected by acquisition of a significant proportion of the land they farm on that leaves the remainder unsustainable.

Total number of affected persons It is expected that about 92 households are affected by the project land acquisition. This number includes 3 physically displaced households and 89 potentially economically displaced households.

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Project impact‐Summary The following table below summarizes Project impacts on land, structures and people.

Table 0.1 showing summary of project impacts on land, structures and people. Impact Value Unit Surface Area of Right‐Of‐Way (permanent land take) 7.6 hectares 1 Kilembe Mines Ltd Total Surface Area Required for the Project 7.6 hectares 92 households Number of Affected Households 7.6 hectares 92 households Number of households with affected crops 83 Permanent houses 2 Semi‐permanent houses 1 Permanent shade structures 2 Permanent wall fence 1 Reed fences 19 Semi‐permanent structures for poultry 3 Barbed wire fences 3 DSTV stands 4 Metallic sign posts 2 Earth graves 2 Public Infrastructure electricity poles 14

Principles for compensation and resettlement

The key principles committed upon by Nyamwamba hydro power project in this RAP are the following;

. Resettlement and compensation of project affected people will be carried out in accordance with Ugandan legislation, IFC’s performance standard 5 and WB OP 4.12.

. All physically or economically displaced 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,

. Past experience in Uganda 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; the Project will make every effort to promote resettlement rather than cash compensation, and this plan is designed accordingly,

. The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process,

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Grievance Management In practice, in similar compensation and resettlement activities, many grievances arise from misunderstandings of the Project policy, or result from conflicts between neighbors, which can usually be solved through adequate mediation using customary rules or local administration at the lowest level. Most grievances can be settled with additional explanation efforts and some mediation using customary dispute settlement mechanisms.

The Project, thus, will put in place an amicable, extra‐judicial mechanism for managing grievances and disputes based on explanation and mediation by third parties. Procedures relevant to this amicable mechanism are detailed below. It will include three different levels:  Registration by Nyamwamba Hydropower project of the complaint, grievance or dispute;

 Processing by Nyamwamba Hydropower project of the grievance or dispute until closure is established based on evidence that acceptable action was taken; and

 In the event where the complainant is not satisfied with action taken by Nyamwamba Hydropower project as a result of the complaint, an amicable mediation can be triggered involving a mediation committee independent from the Project.

Vulnerable People

Vulnerable people include:

 Disabled people or people suffering from serious illnesses,

 Orphans, widows and the elderly,

 Women and children at risk of being dispossessed of their productive assets – land– as a result of the land compensation process that may solely benefit the male household head.

 Assistance shall take the following forms, depending upon vulnerable peoples’ requests and needs:

 Assistance in the compensation payment procedure (going to the bank with the person to cash the cheque);

 Assistance in the post payment period to secure the compensation money;

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 Assistance in moving: providing vehicle, driver and facilitation at the moving stage, providing ambulance services for disabled persons during moving;

 Assistance in building: providing materials, workforce, or building houses;

 Health care if required at critical periods: moving and transition period.

Monitoring & Evaluation Monitoring, evaluation and auditing are key components of the Resettlement and Compensation Action Plan and is an integral part of Nyamwamba Hydropower project’s responsibility and obligations. These components have the following general objectives:

 Monitoring (as defined here) looks at progress of resettlement and compensation and at specific situations of economic or social difficulties arising from the implementation of the compensation and resettlement process,

 Auditing (as defined here) looks at compliance and completion of the resettlement program,

 Evaluation (as defined here) looks at outcomes, through an assessment of the short‐ mid‐ and long‐term impacts of the compensation and resettlement programme on affected households, their incomes and standards of living, the environment, local capacities, housing, etc.

Budget The budget for implementation of the RAP is has been derived from the summation of all evaluated individual costs including the actual acquisition of land from Kilembe Mines. The budgeted cost is Uganda Shillings 571,605,737 (Five Hundred Seventy one Million, Six Hundred and Five Thousand, Seventy Three Hundred and Seven) table 21 shows details of amount of value attached to each category of compensation and other costs.

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1 INTRODUCTION

1.1 Project General Background

The Nyamwamba Hydropower Project is proposing to harness the hydropower potential of the river Nyamwamba as it drops down 200 m in a series of rapids, in the Kilembe mines area. The project, to be developed by SAEMS, shall have an installed capacity of 14 MW, and once commissioned is expected to feed in approximately 50 Mn. Units annually, to the national electric grid. The project shall harness the hydro potential of the river Nyamwamba, which is formed with the confluence of the tributaries Nyamwamba, Muhamburi, Kamsongi and Njuranja. These tributaries, originating in the higher elevations of the Rwenzori mountains, confluence just upstream of the proposed take‐off point, which is located at 166300 E, 24350 N, and at elevation 1078 m AMSL.

Nyamwamba Hydropower project and SAEMS will be required to prepare and submit for approvals of SEA documentation. The SEA documentation shall need to address the requirements of NEMA, the World Bank Group, and other lenders. This includes, amongst others, the preparation of a Resettlement Action Plan (RAP), as the Project entails impacts related with land acquisition and displacement.

Nyamwamba Hydropower Project has based its preparation of this RAP on IFC’s Performance Standard 5 “Land Acquisition and Involuntary Resettlement”. For the SEA assignment in general, SAEMS has appointed a consulting team to conduct and oversee the SEA tasks, manage the SEA process on behalf of Nyamwamba Hydropower project, and author the SEA documentation to comply with GoU and international lender requirements.

1.2 Brief project description

The Nyamwamba project envisages the development of a 14 MW hydropower plant utilizing the Hydropower potential of the river Nyamwamba as it drops down over 200 m in a series of rapids, in and around the area where the Kilembe Copper mine is located. The river Nyamwamba originates in the high Montane forests of the Rwenzori mountains, and flows down eastwards to join Lake George just below the town of Kasese.

South Asia Energy Management Systems Inc. (SAEMS), a leading renewable energy development company, invited VSHydro (Pvt) Ltd., a Sri Lankan company involved in development of hydropower projects, to propose suitable investment opportunities in hydropower projects in Uganda.

The proposed hydroelectric project will involve construction and establishment of a dam/ reservoir, canal, penstock, power house and switchyard for the generation of electricity.

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1.3 Associated facilities

Detailed descriptions of the projects are provided in the SEA documents, so that all interested parties will know exactly what Nyamwamba Hydropower Project is proposing and seeking approval for as well as what SAEMS is proposing and seeking approval for. The detailed descriptions include all project components directly required for, and ancillary to, both the project hydrology and hydropower generation components of the project.

River Nyamwamba in Kyanjuki village at the point proposed for dam Construction

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1.4 Approach and Methodology

Different contracts were awarded to three different consultants to provide the following services;

1. Topographic survey of the canal length and delineation of the way leave and right of way 2. Identification of the land users, land owners and generally all stake holders holding interest in the delineated way leave and right of way and establish a map for the rout. 3. Valuation of all immovable including structures, trees, perennial and annual crops within the delineated way leave and right of way.

In addition, another consultant was hired to conduct a social economic survey of all affected households (e.g House holds holding interest in land or immovable with in the delineated way leave and right of way)

The studies commenced in July 2009 with physical surveys, PAP identification, property valuation and administration of social economic surveys and concluded in October 2010. The whole exercise was monitored by the local leaders who provided valuable advice, were an avenue for PAP to lodge complaints and grievances and flagged a number of issues for consideration by the project sponsors and their consultants. The valuation forms used by the study surveyors and valuers can be found in the appendix. The social economic questionnaire used can also be found in the appendix.

1.5 Limitations

During the identification and valuation exercise, it was discovered that extensive speculation was taking place as an attempt to maximise compensation. In general, it was found that, Kilembe Mines owns nearly all the land required by the project but the sitting tenants want the project to compensate them as if they were the substantive land owners. Kilembe mines went into an agreement with the local people and secured a lease of 99 years. However, Kilembe mines were required to compensate all people for their land before the lease agreement came into effect. Currently, Kilembe mines holds the land title and it is legally the substantive land owner although complains of unsettled claims in form of compensation repetitively came out from the PAPs during the assessment.

In terms of the social economic base line information and assessment of the displacement impacts, these speculative attempts might potentially present challenges in handling the compensation and resettlement process in an orderly and acceptable way which points to the need for further consultations. However, these speculative activities do not affect much the results of land and structure valuation.

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The document is structured in two volumes; Volume 1: (Main Report). This presents the Baseline data relating to the socio‐economic set up of the area, the physical characteristics of the area as well as the numbers of households affected both physically and economically. This volume has specific sections for proposed mitigation measures, cost implications for such as well as monitoring and evaluation plans Volume 2: (Survey and Valuation Report) This includes the Strip Maps and compensation costing for the individual developments and land. This also includes the master list of all affected households/persons/entities.

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2 LEGAL AND INSTITUTIONAL FRAMEWORK

2.1 Institutional Framework 2.1.1 Central Level The Ministry of Lands, Housing and Urban Development is responsible for policy, regulation and coordination of matters pertaining to land in Uganda. Land management is decentralised by the Land Act between the District Land Boards and the Uganda Land Commission (ULC). The District Land Boards 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.

The Uganda Land Commission (ULC) is in charge of holding and managing all Government land. The Land Act details ULC mandate.

The Ministry of State for Disaster Preparedness, under the Office of the Prime Minister, is responsible for resettlement of refugees and persons displaced by disasters. The experience of this Ministry in managing resettlement is important although the circumstances of displacement are very different from these prevailing on this project. There is no central ministry or department responsible for resettlement or compensation as such although it is understood that a national policy on re‐settlement is soon to be developed.

The Ministry of Agriculture, Animal Industry and Fisheries has responsibilities relating to overall rural development. The Ministry of Gender, Labour and Social Development has responsibilities for the social and economic welfare of the population including cultural affairs, youth, labour and disadvantaged groups. The Ministry of Local Government is responsible for local administration.

The National Environment Management Authority (NEMA) is responsible for environmental affairs and in particular the supervision and review of Environmental Impact Assessments.

2.1.2 Decentralized Level In the last few years, the government of Uganda has been pursuing a policy of decentralization of functions to district level in an effort to stimulate economic and community development, to facilitate a higher degree of transparency in government administration and greater accountability in the use of public funds and resources.

The country is presently divided into some 102 Districts, which are responsible for an increasing range of functions including economic planning, statistics, information gathering, agriculture, health, education and land administration. Each district has a

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Resident District Commissioner (RDC) who is appointed by the President as his/her representative in each district.

The RDC is not the political head of the district but is responsible for coordinating the central government policies and departments’ activities at the district level.

Within each district the system of local government includes five levels:  LC5 ‐ District level  LC4 ‐ County level  LC3 ‐ Sub‐county level  LC2 ‐ Parish level  LC1 ‐ Village level

Local Councils are responsible for local policy matters, economic development, resolving local conflicts and providing orderly leadership and democratic practices at the grass roots level in their respective areas. The system has facilitated mass participation in government affairs and awakened the rural population to their rights of citizenship and obligations particularly regarding their involvement in development programmes and projects in their areas.

Matters pertaining to land mainly involve Land Boards and Committees at Parish level (Parish Land Committee), at District level (District Land Board).

2.2 Applicable laws of the Republic of Uganda 2.2.1 Overview Applicable laws with relevance to land tenure, compensation and resettlement, are the following:  The Constitution of the Republic of Uganda, 1995  The Land Act, 1998  The Land Acquisition Act, 1965  The Electricity Act, 1999

2.2.2 The 1995 Constitution The 1995 Constitution restored all private land tenure regimes (which had previously been abolished under the Land Reform Decree – 1975 – during the Amin regime), divested the state and the Uganda Land Commission of radical title to the land that was expropriated in 1975, and vested this directly in the citizens of Uganda. The Constitution prescribes the tenure regimes in accordance with which rights and interests in land may be held. These are listed as customary, freehold, mailo and leasehold. It also creates for the government and local authorities a statutory power of compulsory acquisition of land in the public interest, and makes provision; inter alia, for the “prompt payment of fair and adequate compensation” prior to the taking of possession of the property.

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2.2.3 The Electricity Act, 1999 S.54 of the Electricity Act requires every person intending to construct, own or operate a transmission line to obtain a transmission license. The application for the transmission license is submitted to the Electricity Regulatory Authority (ERA), which is mandated with the issuance of such licenses. The ERA is required to review the various aspects of the proposed project including the impacts of the project on electricity supply, socio‐ economics, cultural heritage, the environment, natural resources and wildlife prior to making of the decision whether to grant the license.

As per the Electricity Act, South Asia Energy Management Systems Inc. (SAEMS) is a licensee of the ERA for the Nyamwamba Hydropower Project.

Part VIII of the Act provides for acquisition of land. Under S.68 (1)(d), a licensee for transmission or his or her representative is authorized, inter alia, to enter any land private or public to perform any activity necessary for establishing, constructing, repairing, improving, examining, altering or removing an electric supply line. However, in undertaking such activity, the licensee is required to do as little damage as possible to the land and the environment and is required to ensure prompt payment of fair and adequate compensation to all interested parties for any damage or loss sustained (S.68 (3)). Further, under S.68 (2), a licensee or his or her representative does not acquire any other right in the land other than the right of user of the land under, over, across, in or upon which the electric supply line or post is placed.

Under S.68 (4), prior to entering any private land, a licensee or his or her representative, is required to give 60 days notice to the owner of the land, stating as fully and accurately as possible the nature and extent of acts intended to be done. Sensitisation meetings were also held in all villages transgressed by the project infrastructure.

2.2.4 The Land Act 1998 In general, the Act addresses four issues namely, holding, control, management and dispute processing. As regards tenure, the Act repeats, in Section 3, the provisions of Article 237 of the Constitution which vests all land in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. It then defines the incidence of each tenure regime (s.4), provides mechanisms of the acquisition of certificates of customary ownership (ss.5‐9), or the conversion of customary tenure to freehold (ss.10‐15), or collective management of land held under customary law (ss.16‐ 27), the protection of the rights of women, children and persons with disability (s.28), the conversion of leasehold into freehold (s.29), the security of tenure for ‘tenants by occupancy’ (ss.30‐39), and the creation of a Land Fund to assist various people wishing to obtain secure rights in land (s.42).

Regarding control of land use, the Act addresses three issues. First it reaffirms the statutory power of compulsory acquisition conferred on the government and local

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd 8 Resettlement Action Plan for Nyamwamba Small Hydro Power Project authorities under articles 26 (2) and 237(2) (a) of the Constitution (s.43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, with appropriate modification, meets the requirements of Article 26(2) of the Constitution which requires that a law be in place for the payment of compensation and access to the courts, Second, the Act requires that land owners manage and utilise land in accordance with any law relating to land use and land use planning (ss.44 and 46). These include, but are not limited to, the Forest Act (Cap 246), the Mining Act (Cap 248), the National Environment Statute (No. 4 of 1995), the Water Statute (No.9 0f 1995), the Uganda Wildlife Statute (No.14 of 1996) and the Town and Country Planning Act (Cap.30). And third, it reaffirms the trust obligations of the government and local authorities in respect of certain natural resources under Article 237 (2)(b) of the Constitution (s.45).

The provisions regarding land administration (referred to in the Act as ‘management’) are the most elaborate. The Act creates a series of land administration institutions consisting of Parish Land Committees, District Lands Boards and Uganda Land Commission (ULC). Each of these levels is by and large autonomous of one another and is entrusted with functions that range from the holding of lands not subject to private ownership, the management of land thus held, the processing of applications for various grants and certificates, the registration and transfer of interest in land (ss.47‐74). The ULC is, in addition, charged with the management and administration of the Land Fund.

An equally decentralized system is created to process land disputes in the country (ss.75‐90). The Act requires that Land Tribunals be established at all levels of local government and that all land disputes be first processed through them before any resort can be made to ordinary courts. No other organ, except informal traditional authority mediators (s.89) will henceforth have jurisdiction over land disputes (s.98). Thus the Act has opted for a process that is both localized and free from the formalities associated with judicial proceedings.

Although the Land Act came into effect on July 2nd 1998, some facilities necessary for its operation are not yet in place, and may not be for some time. While ULC, District Land Boards, land offices and district registries are actually established, land tribunals, the land fund, together with the personnel needed to run them are only partially in place.

The Land Act provides for acquisition of land or rights of use of land for execution of public works. A licensee under the Electricity Act is an Authorized Undertaker under the Land Act authorized to execute public works (S.68 (9)). S.74 of the Land Act provides for acquisition of land for execution of public works. Where it is necessary to execute any public works on any land, an authorized undertaker should seek to enter into mutual agreement with the occupier or owner of the land, and if no agreement is reached, the Minister responsible for land may compulsorily acquire the land.

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The Constitution of Uganda requires “prompt payment of fair and adequate compensation” where land is compulsorily acquired. Such compensation is assessed in accordance with the valuation principles laid out in S.78 of the Land Act, briefly outlined below:

 The value for customary land is the open market value of the unimproved land;  The value of buildings on the land is taken at open market value for urban areas, and depreciated replacement cost for rural areas;  The value of standing crops on the land is determined in accordance with the district compensation rates established by the respective District Land Board. Annual crops which could be harvested during the period of notice to vacate given to the landowner/ occupier of the land are normally excluded in determining the total compensation;

 In addition to the total compensation assessed, there is a disturbance allowance paid of fifteen per cent or, if less than six months’ notice to give up vacant possession is given, thirty per cent of the total sum assessed.

2.2.5 Land Tenure Regimes and Transfer of Land

2.2.5.1 Definitions Article 237 of the Constitution, 1995, vests land in the citizens of Uganda and identifies four land tenure systems, namely:  customary;  freehold;  mailo; and  leasehold. The incidents of these systems are detailed under section 4 of the Land Act, 1998. Those relevant to the Nyamwamba Hydropower project are the following.

2.2.5.2 Customary tenure  is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies (in other words “customary regime is not governed by written law”);

 is owned in perpetuity

 customary occupants are occupant of former public land, and occupy the land by virtue of their customary rights; they have proprietary interest in the land and are entitled to certificates of customary ownership;

 certificates for customary ownership may be acquired, through application to the Parish Land Committee and eventual issuance by the District Land Board;

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2.2.5.3 Freehold tenure ‐ derives its legality from the Constitution and its incidents from the written law; ‐ involves the holding of land in perpetuity or for a period less than perpetuity fixed by a condition; ‐ enables the holder to exercise, subject to the law, full powers of ownership;

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

2.2.5.5 Right of spouse and children The rights of spouse and children are protected under the Constitution of Uganda and the Land Act. The consent of spouse and children must be acquired prior to any transaction on land on which the family ordinarily resides by the head of household. The Land Act, 1998, includes the following provisions under Section 40: quote  No person shall‐ o sell, exchange, transfer, pledge, mortgage or lease any land; or

o enter into any contract for the sale, exchange, transfer, pledging, mortgage, lease of any land;

o give away any land inter vivos, or enter into any transaction in respect of lando in the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse;

. in the case of land on which the person ordinarily resides with his or her dependent children of majority age, except with the prior written consent of the dependent children of majority age; . in the case of land on which the person ordinarily resides with his or her dependent children below the age of majority, except with the prior written consent of the Committee (2); . in the case of land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior written consent of the Committee. Unquote

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2.2.5.6 Compulsory acquisition

Under Chapter Four (Protection and promotion of fundamental and other human rights and freedoms), Article 26 (Protection from deprivation of property), the Constitution states that: quote Every person has a right to own property either individually or in association with others

No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied‐

 the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; and

 the compulsory taking of possession or acquisition of property is made under a law which make  provisions for‐  prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition  of the property; and  a right to access to a court of law by any person who has an interest or right over the property. unquote The Land Acquisition Act, 1965, provides the incidents of compulsory acquisition. Although both the Constitution and the Land Act prevail upon the Land Acquisition Act, this latter remains good law for those provisions which are not inconsistent with these former. According to the Land Acquisition Act, compulsory acquisition procedural pre‐ requisites are the following:

 a statutory instrument should be prepared and signed by the Minister responsible for Lands;

 This statutory instrument should be gazetted.

Due to historical reasons, compulsory acquisition is a sensitive issue in Uganda.

2.2.5.7 Valuation and Compensation of Lost Assets Valuation and compensation are in accordance with rates set at district level for crops and “non‐permanent” structures. Rates are established and updated at District level, and are enacted by District Land Boards. Permanent structures are valuated on a case‐ by‐case basis.

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2.3 International requirements

IFC’s social and environmental policies, that SAEMS is committed to apply for the implementation of the Nyamwamba Hydropower project , have recently been restructured into one new overarching policy, the Policy on Social and Environmental Sustainability, and eight Performance Standards. This new policy is applicable since April 30, 2006, and the International Finance Corporation has later released guidance notes intended to guide in the implementation of each of the eight Performance Standards.

The following provisions of the fifth Performance Standard (PS5) “Land Acquisition and Involuntary Resettlement” are identified as being of particular relevance to this RAP:

‐ PS5 reaffirms the concepts of physical displacement (loss of shelter) and of economic displaced (loss of means of livelihood); both Physically Displaced and Economically Displaced People are to be considered in resettlement planning;

‐ Stated objectives of resettlement planning should be: (quote)  To avoid or at least minimize involuntary resettlement wherever feasible by exploring alternative project designs,

 To mitigate adverse social and economic impacts from land acquisition or restrictions on affected persons’ use of land by: (i) providing compensation for loss of assets at replacement cost; and (ii) ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation, and the informed participation of those affected,

 To improve or at least restore the livelihoods and standards of living of displaced persons,

 To improve living conditions among displaced persons through provision of adequate housing with security of tenure at resettlement sites (unquote)

‐ The Project is expected to “offer displaced persons and communities compensation for loss of assets at full replacement cost and other assistance to help them improve or at least restore their standards of living or livelihoods”,

‐ “Where livelihoods of displaced persons are land‐based, or where land is collectively owned, the client will offer land‐based compensation, where feasible”,

‐ The Project is to “consult with and facilitate the informed participation of affected persons in decision‐making processes related to resettlement. Consultation will continue during the implementation, monitoring, and evaluation”,

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‐ The Project is expected to “establish a grievance mechanism consistent with Performance Standard 14 to receive and address specific concerns about compensation and relocation that are raised by displaced persons including a recourse mechanism designed to resolve disputes in an impartial manner”,

‐ The Project is expected to “carry out a census with appropriate socio‐economic baseline data to identify the persons who will be displaced by the project, to determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits. In the absence of host government procedures, the client will establish a cut‐off date for eligibility. Information regarding the cut‐off date will be well documented and disseminated throughout the project area”,

‐ “If people living in the project area must move to another location, the client will: (i) offer displaced persons choices among feasible resettlement options, including adequate replacement housing or cash compensation where appropriate; and (ii) provide relocation assistance suited to the needs of each group of displaced persons, with particular attention paid to the needs of the poor and the vulnerable. Alternative housing and/or cash compensation will be made available prior to relocation. New resettlement sites built for displaced persons will offer improved living conditions.”

- “If land acquisition for the project causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the client will meet the following requirements: 3  Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost

 In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of reestablishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery or other equipment

 Provide replacement property (e.g., agricultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable under the national laws

 Compensate economically displaced persons who are without legally recognizable claims to land for lost assets (such as crops, irrigation infrastructure and other improvements made to the land) other than land, at full replacement cost. The client is not required to compensate or assist opportunistic settlers who encroach on the project area after the cut‐off date

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 Provide additional targeted assistance (e.g., credit facilities, training, or job opportunities) and opportunities to improve or at least restore their income‐ earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected

 Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living.

2.4 Gap Analysis

Some of FMO BANK requirements are not met by certain aspects of the Ugandan legislation and practice in the field of compensation. The following table summarises the main differences between Ugandan law provisions and FMO BANK requirements as per OD 4.30, as far as compensation is concerned, for various categories of Project Affected Persons.

Table 2. Comparison of Ugandan law and FMO BANK/Equator Principles requirements regarding compensation Category of PAP Ugandan Law FMO BANK/Equator Type of lost assets Principles Requirements OWNERS – Land Cash compensation based Strongly recommend land‐ upon market value of for‐land compensation. unimproved land + Compensation is at disturbance allowance replacement cost (15%)

TENANTS – Land Entitled to compensation Must be compensated based upon the amount of whatever the legal rights they hold upon land recognition of their occupancy SHARECROPPERS – Land Not entitled to No specific provision as to compensation for land, land compensation, but entitled to compensation income must be restored. for crops OWNERS – “Non Cash compensation based Recommend in‐kind permanent” Buildings upon rates per sq.m. compensation or cash established at District level compensation at full + disturbance allowance replacement cost including (15%) – Rates are based on labour and transaction depreciated market value. costs OWNERS – “Permanent” Valuation by valuer + Recommend in‐kind buildings disturbance allowance compensation or cash

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(15%). Valuation is based compensation at full on depreciated market replacement cost including value labour and transaction costs PERENNIAL CROPS Cash compensation based Transition period should be upon rates per taken into account. This sq.m./bush/tree/plant period may be more than established at District level one year for some crops. + disturbance allowance (15%) – Rates are calculated as the one year net agricultural income – Disturbance allowance is meant to take care of the establishment period for these crops with establishment more than one year. ANNUAL CROPS No compensation. The 6 No specific provision. month notice is supposed Income restoration. Land to allow people to harvest for land compensation their annual crops allows people to re‐ establish annual crops immediately. BUSINESS INCOME No compensation. The 6 Establish access to similar month notice is supposed opportunities to allow people to reestablish their business

In a number of cases, as shown by the table above, FMO BANK requirements are more favorable to PAP than the provisions of Ugandan law. SAEMS is committed to fulfill FMO BANK requirements. Appropriate compensation approaches are therefore needed, with a first part of compensation meeting Ugandan law requirements, and an additional uplift from Nyamwamba Hydropower Project where needed to comply with FMO BANK requirements, that is if these requirements are not met by the Ugandan provisions.

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3 SOCIAL ECONOMIC BASELINE

3.1 Introduction

This chapter describes the results of the social economic issues as they were identified in the field. The social economic characteristics of the population provide basic demographic characteristics, health, education, incomes and occupation. These characteristics potentially provide base line information needed for planning the resettlement and compensation process correctly, efficiently and effectively.

The most fundamental reason for commissioning this study was to develop a frame work to guide resettlement planners to identify and understand the project affected persons, the communities where they stay and to mitigate the negative effects of implementing the project, through fair compensation and relocation and implementation of income restoration mechanisms to sustain PAPs and community livelihoods.

3.2 Objectives of social economic studies

The social economic study was aimed at establishing demographic data, status and standards of living of the affected persons. Another aspect was to identify the categories of the affected people, properties as well as their resettlement preferences. Most importantly, the study aimed to put in place a frame work for restoring the social economic and livelihoods of the project affected people and social‐economic characteristics of the PAPs.

In addition, the social economic study was important for collecting information that is necessary to minimise the impacts of resettlement and for designing appropriate mechanisms of restoring the livelihoods of the PAPs by ensuring that, the resettlement process for the affected people does not put them in a worse off situation economically but rather into better situations than they were before the resettlement.

In summary, the most important aim of undertaking the social economic survey was to collect information on land and physical assets of PAPs that would be used by the developer in informing better planning of the resettlement and compensation process.

Therefore this base line study will help the project to: . Identify PAPs and the assets lost . Identify vulnerable groups in the project area. . Assess the pre‐project socio‐economic conditions among PAPs. . Establish alternatives to resettlement and compensation among PAPs . Collect bench mark information from PAPs for purposes of monitoring their future livelihoods.

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3.3 General background 3.3.1 Administrative sub‐divisions The proposed Nyamwamba Hydropower Infrastructure will be based in Kilembe Town Council, Bulemba Division, covering three Wards of Kyanjuki, Katiri and Namuhuga in the 5 villages of Musale B, Musale A, Kanyaruboga, Katiri and Namuhuga North East villages in Kasese district Table 3 below shows the administrative boundaries and villages where the proposed Nyamwamba Mini Hydropower project will be located.

Table 3. Administrative Boundaries of the Project Area and number of house holds District Town Division Ward Village No. of PAPs council Kasese Kilembe Bulemba Kyanjuki Musale B 5 Musale A 31 Katiri Kanyaruboga 39 Namuhuga Katiri 6 Namuhuga 11 North East Total 92

As shown above all the land to be impacted belongs to Kilembe Mines Ltd a Government parastatal with 99% ownership. Kilembe mines subleased this land for 99 years from 1954 to 2050 with a hope of mining copper. However this dream came to a halt in late 1970s when the copper mining was stopped.

Kilembe Mines Estate and Nature of buildings to be affected by the proposed The road network in Kilembe mines Estate Hydro power canal

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3.3.2 Land use and settlement

The settlement in these areas was previously meant for the staff working in the copper mines therefore it is mainly staff quarters. However with a halt in the copper mining some squatters also came in and settled with majority of them renting from Kilembe Mines Ltd. The main land use is estate settlement and subsistence agriculture. Crops grown include; sugar cane, cassava, Vanilla, pine, bananas, avocados, Arabica coffee, castor oil, yams and fruits like jack fruits, passion fruits, mangoes, guava, orange, pawpaw.

Kilembe Mines Estate and its associated infrastructure

3.3.3 General demographic information A total of 92 households are affected by the project and 60 of these were interviewed through the use of structured house hold questionnaires. Table 4 shows the basic socio‐ economic characteristics of PAPs. The majority of the affected households who were interviewed (56.7 percent) are from Masule, followed by Kanyarubuga (16%), Katiri (11.7%), then Namhunga (3.3%) and only (1.7%) from Bulembia village. The demographic characteristic has 76.7 percent male and 23.3 percent female and of these, 80 percent are married, 11.7 percent are single while only 3.3 percent are widowed. With regard to tribes and ethnicity of the affected persons, the majority of the household heads (80 percent) are Bakonjo, 8.3 percent are Banyankole in equal

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With regard to education, the majority of the respondents (30.4 percent) had completed secondary education; 28.6 percent had completed primary education, 19.6 percent can read and write local languages, 12.5 and 8.9 are illiterate and had completed university education respectively.

Table 4. Distribution of PAPs by Selected Characteristics Socio‐demographic Characteristic Frequency (%) Sex (N=60) Male 46 76.7 Female 14 23.3 Marital status (N=60) Single 07 11.7 Married 51 85.0 Widowed 02 3.3 Tribe (N=60) Mukiga 01 1.7 Mukonjo 48 80 Munyankole 05 8.3 Mutooro 05 8.3 Mwamba 01 1.7

Education background (N=60) illiterate 05 8.9 Can Read and white 11 19.6 completed primary education 16 28.6 completed secondary education 17 30.4 completed university education 07 12.5 Village (N=56) Bulembia 01 1.7 Kanyurubuga 16 266 Katiri 07 11.7 Masule 34 56.7 Namahunga 02 3.3

The results presented in table 2 above do not reveal significant implications in terms of potential vulnerability of women since the number of widowed or separated women is small. However, it is an indicator of a certain volatility of married couples, which is more likely to be detrimental to the two widowed women, for whom chances are higher that they will never be able to remarry, whereas males are almost always able to remarry. This is certainly a factor that needs to be taken into consideration when devising

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3.3.4 Religious profiles of house hold heads The following table shows the religious profiles of house hold heads.

Table 5. Religion of the respondents Frequency Percent Catholic 13 21.7 Protestant 40 66.7 Muslim 2 3.3 Other 5 8.3 Total 60 100.0

3.3.5 Land tenure When asked under which regime they occupy the affected plots, 55% of the affected household heads reported that they are land owners. This is a sharp contrast with findings received from managers of Kilembe mines which indicated that nearly all the affected land in question legally belongs to the institution. It might again reflect a long time un settled dispute over land ownership resulting from the reported failure by Kilembe mines to fully compensate all the people whose land it acquired to implement its activities through a lease after entering into an agreement with the affected persons many years ago. Table 6. Tenancy by sex Tenancy Male Female Total Freq percent Freq Percent Freq Percent Land 45.0% 10.0% 55.0% 27 6 33 Owner Tenant 17 28.3% 6 10.0% 23 38.3% Licensee 0 .0% 1 1.7% 1 1.7% Co‐Owner 2 3.3% 1 1.7% 3 5.0% Total 46 76.7% 14 23.3% 60 100.0%

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The results shown in the table above also indicate that, among the affected house hold heads, males usually enjoy better security of tenure than females: the proportion of female affected persons who do not own land is higher than males.

3.3.6 Livelihoods With in the project area, affected households earned a living form a wide range of occupations ranging from formal employments, business, and farming. However, along the stretches of the project, almost all households are engaged in subsistence farming. Farming entails growing food crops such as bananas, beans, cassava, sweet potatoes.

In some house holds, multiple income activities were being undertaken where by, husbands were engaged either in formal employment such as teaching, providing health services and also working in various positions with in Kilembe mines and the sub‐county, while the wives commonly stayed at home working in the gardens and doing small scale trading. Being an enclosed area in a housing estate setting which is owned by Kilembe mines, livestock and poultry keeping were not significant economic activities practiced on a large scale in the affected project catchment area due to lack of space.

A common worry among a significant number of PAPs was that, the land they are currently occupying as tenants used to be theirs in the past before it was acquired by Kilembe mines through a lease title. There is a fear that, at the time of compensation, the project developers might opt to compensate Kilembe mines for the land which they claim is theirs since Kilembe mines did not compensate all of them fully and adequately before it secured a lease title for the land in question. This fear was prevalent among a significant proportion of the PAPs and it was also highlighted by the political leaderships of the affected communities and of the Sub‐county and the District administrations.

3.3.7 Occupation Overall, 41.7% of the affected household heads declared them selves as peasant farmers and of these, 33.3% were males and only 8.3% were females. There are significant differences between occupations declared by males and females as shown bellow. Table 7. Occupation by sex Occupation Male Female Total Freq Percent Freq Percent Freq Percent Accountant 2 3.3% 0 0.0% 2 3.3% Businessman 8 13.3% 1 1.7% 9 15.0% Casual 1.7% 0.0% 1.7% 1 0 1 Labourer Electrician 3 5.0% 0 0.0% 3 5.0%

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Health worker 1 1.7% 4 6.7 5 8.3% Law 3.3% 1.7 5.0% 2 1 3 Enforcement Miner 5 8.3% 0 0.0% 5 8.3% Peasant 33.3% 8.3% 41.7% 20 5 25 farmer Primary 6.7% 5.0% 11.7% 4 3 7 teacher Total 46 76.7% 14 23.3% 60 100.0%

As can be seen in the results presented in the table above, the proposed hydropower project traverses considerable stretches of areas where the main source of livelihood is subsistence farming. The common crops grown include bananas, sugar canes, oranges, cassava, potatoes, and trees such as eucalyptus trees, jackfruits and papaws .

A banana plantation strip that will be affected by the hydro power canal in Katiri village

3.3.8 Agriculture The general landscape in Kilembe sub‐county in the vicinity of the proposed hydropower project comprises of sharp hills and slopes of the mighty Rwenzori Mountains from which rivers flow down stream and drain the water into several lakes located in the western lift valley.

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The upper reaches of the Rwenzori Mountains receive some of the highest rainfall in Equatorial Africa. However, there are no authentic rain gauges located in these upper Rwenzories. The two rain gauging stations are located at the Kasese Airport location and formerly at the Kilembe mines.

However many projections are available for the catchment rainfall, based on catchment yields from the gauged river stations and short term measurements at the many forest camps etc. , which have shown that the average annual rainfall is 2200 mm.

Results from the socio‐economic survey revealed that subsistence agriculture is a very significant source of livelihood for the project affected house holds. Even among house hold heads that reported having other sources of incomes like trading and formal employment, it was also reported that, they also tend to be engaged in some form of subsistence farming to meet domestic food needs. The results generated from the socio‐economic survey revealed that the primary economic activity for majority (41.7%) of the project affected house holds is peasant farming as indicate in the table bellow.

Table 8. Occupations of affected household heads by sex Occupation Male Female Total Freq Percent Freq Percent Freq Percent Accountant 2 3.3% 0 0.0% 2 3.3% Businessman 8 13.3% 1 1.7% 9 15.0% Casual Labourer 1 1.7% 0 0.0% 1 1.7% Electrician 3 5.0% 0 0.0% 3 5.0% Health worker 1 1.7% 4 6.7 5 8.3% Law Enforcement 2 3.3% 1 1.7 3 5.0% Miner 5 8.3% 0 0.0% 5 8.3% Peasant farmers 20 33.3% 5 8.3% 25 41.7% Primary teacher 4 6.7% 3 5.0% 7 11.7% Total 46 76.7% 14 23.3% 60 100.0%

The results presented in the table above indicate that, although PAPs are currently engaged in a wide range of economic activities as their primary sources of incomes in their house holds, the most significant source of income and livelihood for majority of the house holds is peasant farming. It was also further revealed that, most of the PAPs use their agricultural products mainly for house hold consumption and they sell only a limited amount of crops to purchase clothes and consumer goods like salt, kerosene, cooking oil, etc. Therefore, given the significance of agricultural contribution to the livelihoods of the project affected persons, any loss of land holding has a very significant impact to their livelihoods.

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3.3.9 Crop production The results of the survey reveals that, agricultural land is used for cultivation of different crops such as food crops, cash crops, both food and cash crops and planting of trees. Among these, food crops are the most dominantly produced (48.3%), followed by cash crops.

Table 9. Agricultural use of these agricultural plots Commodity Frequency Percent cash crops 16 26.7 Coffee 1 1.7 Eucalyptus trees 1 1.7 Farming 1 1.7 food and cash crops 5 8.3 food crops 29 48.3 Total 53 88.3

Next to crop production, trading is also a major source of livelihood and income for the affected people in Kilembe mines. Trading takes a number of forms including shop keeping, selling of clothing in markets, local and bottled beverages in bars, food stuffs, charcoal and other house hold stuff. Most shops in the project affected area are small scale retail establishments only and sell house hold consumer goods although a number of other goods are also sold in the market. However, even with in the section of project affected persons who do trading as an alternative source of income, most of them still viewed agriculture as a significant source of income and livelihood.

3.3.10 Other sources of livelihoods Other mentioned sources of livelihoods among the project affected persons include incomes in form of salaries for those who are into formal employment such as teachers, health workers, miners, accountants and electricians. Salaried workers are many in the project affected area as a result of the developments which were initiated by Kilembe mines. Currently, there are a number of both primary and secondary schools in the area as well as health facilities and the Sub‐County headquarters. Most of the affected people who are currently employed by these institutions view salaries as their main source of livelihoods. 3.3.11 Households incomes Incomes of affected household heads were artificially high. As has already been highlighted, during the data collection process, it was observed that extensive speculation was taking place as an attempt by house hold heads to maximise compensation. Consequently, house hold heads attempted to inflate incomes they received from agricultural plots and from other sources. The incomes of the affected

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd 25 Resettlement Action Plan for Nyamwamba Small Hydro Power Project house hold heads reveal a minimum of 250,000 UGX per month and a maximum of 31,000,000 UGX per month.

However, survey findings indicate that, a significant proportion of the affected house holds shall loose income from their agricultural plots temporarily during the construction phase. Therefore, the agricultural income lost due to project construction activities has to be calculated and taken care of by the project developers. The survey findings have also revealed that a very insignificant number of the PAPs will loose significant size of their total land holdings permanently to the project.

3.3.12 Health and sanitation An attempt was made to establish the burden of disease in the project affected area where the survey was conducted. Although, empirical data was not provided, through direct face to face interviews with the PAPs, valuable information on the burden of disease was gathered. In all the affected house holds, the majority of diseases people suffer from are the communicable diseases. Rampant among them is malaria, lower respiratory track infections such as coughs and colds. Other mentioned diseases included typhoid, eye infections, allergy, diabetes and intestinal infections as indicated in the table bellow.

Table 10. Most common diseases Diseases Frequency Percent Allergy 2 3.3 Coughs & Colds 52 86.7 Diabetes 1 1.7 Eye infection 2 3.3 Intestinal infection 1 1.7 Malaria 57 95.0 Pressure 1 1.7 Typhoid 9 15.0 Total 60 100 N.B. This was a multiple response question.

Knowledge and awareness about HIV/AIDS among the affected households is high. An overwhelming majority of the survey respondents (94.8%) reported to have ever heard about HIV/AIDS. This means that only 5.2% of the affected house hold heads are unaware about HIV/AIDS. Findings further show that almost all house hold heads talked to in the project affected areas irrespective of their age and occupation, indicated and demonstrated high level of awareness about the various methods that can be used to avoid contracting HV/AIDS

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Table 11. Known ways of avoiding HIV/AIDS Transmission Frequency Percent Abstinence 18 30.0 Avoid sharing sharp objects 1 1.7 faithfulness and condom use 23 41.7 zero grazing 10 16.7 Total 54 90.0

From the results presented in the table above, it is evident that awareness about different ways of controlling HIV transmission is high when respondents were able to correctly and accurately mention condom use as one of the most effective methods of controlling spread of HIV/AIDS.

3.3.13 Availability of health services Health services are provided and are evidently available with in the project affected areas. Survey findings indicate that Kilembe Mines Health centre provides health services to majority of the PAPs (98.3%) although a few small health facilities, mostly drug shops and dispensaries also exist. Kilembe mines health centre has the capacity to handle unique conditions such as HIV/AIDS, sexual and reproductive services including administering caesarean births. Data collected shows that 98.3% of the PAPs have access to Kilembe Mines health facility with in a walk able distance.

However, a very significant number of the PAPs also reported lack of drugs in Kilembe mines health centre and high cost of accessing private health services as some of the main factors constraining access to health care services in the project area.

A total of 4 PAPs reported having family members with physical disabilities which include asthma, liver failure and mental incapacitation as shown in the table bellow.

Table 12. Number of people with disabilities/chronic illnesses Frequency Percent (%) Yes 4 6.8 No 55 93.2 Total 59 100.0

Although the management of Kilembe Mines has for quite some time put in efforts to provide safer piped water for domestic use in the largest part of the affected project area, the river and unprotected running streams from the hills are still a major source of water for domestic use for a very significant proportion of the PAPs (37.9%). However,

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd 27 Resettlement Action Plan for Nyamwamba Small Hydro Power Project the table bellow shows that majority of the PAPs (60.4%) have access to safer piped water with in walk able distances from their dwelling.

Table 13. Water sources Frequency Percent (%) River/Stream 22 37.9 Spring 1 1.7 Tap 35 60.4 Total 58 100.0

Spectacular view of Nyamwamba river close to the proposed power house

3.3.14 Fuel sources Biomass‐derived fuel is the most prevalent energy source in PAPs’ households as shown in table 14 below. Firewood is widely available in bushes and forests; hence its availability is not expected to be affected by the hydropower project.

Table 14. Fuel commonly used in households Frequency Valid Percent Charcoal, firewood 46 78.0 Paraffin/Kerosene 10 16.9 Electricity 3 5.1 Total 59 100.0

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26.5% of the affected households have electricity at home. These are the residents located in Kilembe Mines. Electricity is mainly used for lighting. For cooking, most people either use charcoal in the Kilembe mines estate or firewood in the more rural areas

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4 IMPACTS OF THE PROJECT

4.1 Introduction

The project will affect a total length 3.25 kilometers. The project will utilize a small weir diverting water at Kyanjuki village to the left bank into a headrace canal. The canal will have a slope of 3:1000 for a length of 1.05 kilometers and penstock length of 2.2 kilometers delivering water to the powerhouse below Kilembe hospital. The powerhouse will be located 30 meters from the river where a tailrace will be constructed.

4.2 Impact on land

The project construction and operation will require;  Permanent land take as follows:  Right of way: about 7.5 ha. As already mentioned above, this is land that will be permanently required and to which current land users will loose right of access  Temporary land needs for construction purposes.

4.3 Impact on structures

The proposed Nyamwamba Hydropower Project will take about 10 metres for the biggest part of the penstock (1.5KM) consisting of a 5m centre right of way (ROW). Within the right of way, all the affected residential houses and commercial structures will be compensated and removed when construction commences. These include both “permanent” and “semi‐permanent” structures.

There are no business structures that are going to be affected by the project although some significantly big private eucalyptus plantations and other trees would be affected.

In addition, there will be temporary need for land for the contractor’s camps, access road and waste disposal. Owners and occupants of this land will be paid rent for the temporary use of their land. Where crops or structures are damaged, compensation will be paid. 4.3.1 Impact on residential structures There are 2 permanent residential structures located in the right of way, belonging to Kilembe Mines Ltd and 1 Semi‐permanent structure belonging to Mr. Masereka Joseph.

4.3.2 Impact on other structures. Other structures that will be affected include; 2 permanent shade structures, 1 permanent wall structure,3 semi‐permanent structures for chicken and ducks, 19 reed fences, 3 barbed wire fences, 4 DSTV stands and 2 metallic sign posts.

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Discussions held with the PAPs and through field observations, it was established that it would be possible for most people to rebuild affected structures a small distance behind the damaged buildings, out side the corridor. Evidently, this would reduce the adverse socio‐economic effects of resettlement. Additionally, disruption to business and temporary loss of income during relocation can be minimised or eliminated if owners are allowed to rebuild replacement structures before completely vacating the old ones and this should be possible during the regulatory 6‐months notice to vacate period.

4.3.3 Impact on public and community institutions. Through interactions both in face to face interviews and discussions held with the affected people’s representatives and community elders, it came out clearly that the proposed Nyamwamba Hydropower project will have no impact on social services facilities like public buildings, schools, health facilities, water supply and religious institutions (churches and mosques). Therefore, no compensation measures will be required. However, 14 electricity poles will have to be relocated.

4.4 Impact on people and livelihood

4.4.1 Physically Displaced People Physically Displaced People are people whose residence has to be displaced because it is located within Project land acquisition area. It was established that 2 households will have to be physically displaced as a result of the project. This is because their current residence is located within the right of way. The rest of the project affected persons who are economically displaced people live in the densely settled areas with the Kilembe Mines estate.

The following table shows the villages where the physically displaced households are located:

Table 15. Villages where the Majority of Physically Displaced Households are Located Village Number of potential Physically Displaced Households Katiri (permanent) 01 Kanyaruboga (permanent) 01 Musale A (Semi‐permanent) 01 Total 03

There are 3 physically displaced households 2 belong to Kilembe Mines ltd and are located in Katiri and Kanyaruboga village while 1 which is semi‐permanent belongs to Mr. Masereka Joseph is located in Musale A village. It is anticipated that both of them will be able to relocate their residence to the remaining part of their plots. Other structures like fences, sign posts and DSTV will be relocated within the remaining parts of the plots thereby minimizing resettlement as much as possible.

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A house belonging to Kilembe Mines Ltd that will be affected by the Hydro power canal

4.4.2 Economically Displaced People Economically Displaced People are defined here as people whose livelihoods are affected by the Project land acquisition to such an extent that even if they are not physically displaced they will have to move to regain similar economic opportunities. In an agricultural setting, this is usually the case because people are affected by the acquisition of a significant proportion of the land they farm that leaves the remainder unsustainable. In this project there are 83 people who will be economically displaced.

4.4.3 Total Number of Affected Households It is currently estimated, pending full completion of the data treatment, that about 92 households are affected by the Project land acquisition. This number includes 2 potentially physically displaced people and 89 potentially economically displaced people.

4.4.4 Temporary land requirements for construction During construction, some areas may have to be temporarily occupied by the contractor for construction purposes (approximately 2.5 acres). Owners and occupants will be compensated against the loss of their crops, if any, and will receive a rent from the

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd 32 Resettlement Action Plan for Nyamwamba Small Hydro Power Project contractors for temporarily occupation. This means that there will be no transfer of rights in this case but damaged crops will be compensated if any.

Nature of land to be affected by the hydro power canal in Namuhuga North East village

4.4.5 Shrines and other cultural features The socio‐economic survey results did not reveal any impacts resulting from the proposed Nyamwamba Hydropower project on shrines, and other cultural features within the project area. However, two earth graves both found in Musale A village will be affected, one at Mr. Balyana John’s compound and the other at Mr. Masereka’s Home who is supposed to be relocated. It will be agreed with the owners of these graves on cultural requirements involved in relocating graves and this will be compensated for. in accordance with the local customary practice.

4.4.6 Other General Impacts . The livelihoods of PAPs living in the right of way will be disrupted as they cannot continue using their land for cultivation for food crops production, construction or tree planting.

. An influx of people at the construction site will have the potential to raise the risks of HIV/AIDS incidences in the construction areas.

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. Increased theft along the construction corridor. It is a common practice for people to steal project materials which can disrupt project work schedules. In this case, the contractor should facilitate the local leaders to monitor these incidences. It is also important for the company to hire security services to safe guard its project materials.

. There are potential areas of dispute on compensation and resettlement packages. It is a common practice for affected persons not to accept valuation packages because most times they are developed based on a depreciation factor instead of using replacement cost as required by the guidelines. Additionally, it will be difficult for the project to determine who to compensate for land where there are existing disputes over its ownership.

4.5 Positive Impacts. . The construction works will offer employment opportunities to the people in the region. . Other sectors like small scale industries will be boosted with addition of electricity. . Project activities will encourage development of the hotel industry to offer accommodation and food stuffs during the implementation of the project activities. . Electricity will encourage other investors to come to the region.

Table 16. Summary of Project Impact Impact Value Unit Surface Area of Right‐Of‐Way (permanent land take) 7.6 hectares 1 Kilembe Mines Ltd Total Surface Area Required for the Project 7.6 hectares 92 households Number of Affected Households 7.6 hectares 92 households Number of households with affected crops 83 Permanent houses 2 Semi‐permanent houses 1 Permanent shade structures 2 Permanent wall fence 1 Reed fences 19 Semi‐permanent structures for poultry 3 Barbed wire fences 3 DSTV stands 4 Metallic sign posts 2 Earth graves 2 Public Infrastructure electricity poles 14

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5 PUBLIC CONSULTATION

5.1 Introduction

Information disseminated and consultations were carried out with PAPs through group discussions and selected community leaders at village, sub‐county and district level. The main objective of undertaking consultation activities was to fully share the information about the project and its components and obtain information about the needs of the affected people and the reaction to proposed project and to ensure transparency in all activities related to land acquisition and compensation.

5.2 Consultations

In depth discussions were also held with District officials such as the Land officer, the Wetland and Environment officers and the ACAO. These consultations identified critical issues for consideration that shall help to reduce the potential conflict, minimize the risk of project deliyance and also enable the project to include resettlement as a comprehensive development program to suite the needs and priorities of the PAPs.

During the discussion the important points were raised and discussed. The major issues raised during discussion were the positive and negative impact of the project, the issue related to compensation payment, the manner and procedure of compensation payment for the expropriated land compensation.

The findings from the consultations revealed a lot of support and positive interest of the people in the project. The consulted people believe that Nyamwamba Hydropower Project is one of the development projects of the government that will definitely improve the existing condition in and around the project and create employment opportunity for the local people. Small group meetings and regular interaction with PAPs will be going on and to be continued during the course of compensation. (See Consultation Minuets of meeting in annex II). 5.2.1 Summary of issues raised by PAPs during consultations

 The land ownership question is still a big challenge in this area. All the PAPs in Kilelembe mines estate which acquired this land many years ago through a lease. This lease was obtained by Kilembe mines without the consent of residents and most of them were not compensated by Kilembe Mines.

 They expect the project to consider the fact that they get employed in the course of constructing the power project.

 They also think they will get power though the rural electrification program, they want to know how they are going to benefit from the project.

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 More money is going to come in the area, this may lead to high prostitution rate and thus increase in HIV prevalence of the area.

 The people must be taught about the social aspects of life. They must be taught how handle situations of too much money this will decrease the spread of HIV / AIDS.

 People will be compensated large sums of money which they are not used to having and they will not be able to control it properly and in the end they will lose it all. So they should be taught how to put this money to proper use. Put the infrastructure in place so that people can feel the change brought about by the project.

 They want to be assured of corporate social responsibility. Let schools, Hospitals and community at large benefit from the project activities.

 The project must be aware that they depend on piped water and that if they damaged the pipes during the project construction period, there will be a need for repairing them. The health heath issue is critical here, they expect this project to provide clean and safe water through gravity floor schemes.

 Disposal of wastes especially for the people living down the stream is a very crucial issue that people would want to hear. People need to know where the debris will be put so as to conserve the environment.

 People should be informed on how to use explosives so that they do not instead be dangerous to their lives. They should also be taught how they can control they dust.

Details of all issues raised during consultations are found in annex II attached.

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6 COMPENSATION AND RESETTLEMENT STRATEGY

6.1 Key principles

The key principles committed upon by Nyamwamba Hydropower Project in this RAP are the following:

Resettlement and compensation of Project‐Affected People (PAP) will be carried out in compliance with Ugandan legislation, IFC’s Performance Standard 5 and World Bank Operational Procedures 4.12, paragraph (6c) stipulating that, displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and provided with development assistance, such as land preparation, credit facilities, training, in addition to the compensation they receive.

In addition, all physically or economically displaced 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.

Past experience in Uganda 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; the Project will make every effort to promote resettlement rather than cash compensation, and this plan is designed accordingly

Further, a majority of PAP derive their livelihood from agriculture. Where farmers are physically or economically displaced, they will be offered a resettlement option including the provision of agricultural land of potential equivalent to that of the land they have lost.

The RAP will be implemented in a gender‐sensitive manner: consents of female spouses will be sought, as provided by Ugandan regulations, and, as mentioned above, resettlement‐based options will be strongly promoted, as cash is often detrimental to women.

Nyamwamba Hydropower Project will assist PAP’ in restoring their affected livelihoods, and will provide transitional assistance as necessary as long as livelihoods are not restored to their previous level; specific livelihood restoration activities will target women.

The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process.

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PAP will be informed and consulted during the whole course of RAP development, implementation and evaluation.

6.2 Eligibility for Compensation

6.2.1 General Approach of Compensation and Resettlement Situation 1: The Affected Household Is Neither Physically Nor Economically Displaced This means in practice that the remaining land is deemed economically viable and no residential building has to be removed. Such situations of rather benign impact apply to the overwhelming majority of affected households. In these cases, cash compensation will be offered and no resettlement option will be offered. Cash compensation will be at District Land Board rates for land, crops, and structures, with payment of disturbance allowance as per Ugandan regulations. Uplift will be added to this compensation to meet full replacement value requirements, as rates established by District Land Boards usually do not meet this requirement.

Situation 2: The Affected Household Is Physically Displaced but not Economically Affected The construction of a replacement house will be offered wherever the residential building has to be removed. Depending on situations, resettlement may involve the construction of a replacement house:

‐ either on the remaining part of the plot if the remaining land holding in the neighborhood of the affected plot is deemed economically viable, or if the household’s livelihood is not based on agriculture, and if the affected household agrees to such a solution; in such cases, no replacement agricultural land will have to be provided and the household will simply continue to use the land they previously farmed or continue to engage in their non‐agricultural activities, while dwelling in their new residence;

‐ or on another resettlement plot if the remainder of the affected plot is not economically viable; in such situations, replacement agricultural land of similar potential will also have to be provided in the vicinity of the residential resettlement plot. Residential land will be provided to resettlers under secure tenure (either freehold or very long term leases), regardless of the previous regime of occupation. Agricultural land will be provided under the same regime of occupation as the land it replaces in the previous location.

Situation 3: The Affected Household Is Economically Displaced but not Physically Displaced In such situations, the residential building of the affected household is not affected, but land take is such that their agricultural sustainability is jeopardized. These situations will be compensated through cash.

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6.2.2 Census and Cut‐off Date

This section provides a framework for entitlement for each category of impacts that have discussed in the previous sections. To determine the eligible person for compensation Nyamwamba Hydropower Project takes in to account the existing National Laws and Regulations and the Criteria set by the World Bank contained in op 4.12 of the WB Operational Manual.

Therefore, the criteria for eligibility for affected persons contained in OD 4.30 and the National Laws are adopted i.e. those who have formal legal right to land and lawful possession over the land to be expropriated and owns property situated there on. To this effect, census and inventory of lost assets and property is conducted. The date of final consultations with the affected persons was established as the cut off‐date and for this project it was 31/11/2010. A person who occupies the land after the completion of inventory of affected households and assets will not be eligible for compensation for the lost assets and /or resettlement and rehabilitation. Entitlement matrix below defines the eligibility for compensation and rehabilitation assistance for impacts /losses for different types of assets for different category of project affected persons.

6.2.3 Basis for Valuation of Losses

The Ugandan legislation has well developed laws and regulation defining the basis to be used for valuation of type of loss due to development projects. The principles of the legislations include;

• Provide equivalent replacement land for long term losses; • Compensating for any losses in net income; and • Focus on restoring annual income.

Based on the compensation proclamation, Nyamwamba Hydropower Project will employ the principle of replacement cost and compensation at market cost for valuation of lost assets. Replacement cost approach is based on the premise that the costs of replacing productive assets that have been damaged because of project activities. The approach involves direct replacement of expropriated assets and covers and amount that is sufficient for asset replacement.

The process and the necessary action to be taken will be concluded after consultations with Kasese District administration, Kilembe Mines, PAPs and Nyamwamba Hydropower Project and the entire exercise of valuating the affected assets will be done by the valuation committee.

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6.2.4 Speculative Structures Opportunistic uninhabitable structures established for the sole purpose of compensation pose a specific eligibility problem, which will be addressed through the use of the following methods to ascertain the validity of the compensation claim: ‐ Visual inspection of the structure to determine whether it is indeed a residential structure or not. ‐ Consultation with representatives of local authorities to ascertain whether the contested structure was indeed there at the time of the census and whether it was established in good faith or in an opportunistic compensation purpose.

6.3 Entitlements 6.3.1 Categories of Affected people An important legal requirement is contained in Section 40 of the land Act which makes it compulsory to seek consent of spouses before compensation packages are paid out to the beneficiaries. Experiences from other compensation and resettlement processes have revealed a number of risks that are involved in cash compensation approach especially to the females and the children. It is common for male household heads to use the compensation packages to marry young women or to buy luxuries instead of rebuilding a new home or to direct the compensation packages into activities that can restore their livelihoods.

Accordingly, the following categories of people are eligible for compensation:

1) People who have been in the surveyed part of the proposed project area. 2) Land owners 3) People whose houses/structures are to be affected by the development. 4) People who rent land for cultivation (share croppers) and their crops or trees are to be removed or damaged due to land acquisition activities. 5) Any other group of persons that have not been mentioned above but are entitled to compensation according to the Ugandan laws.

6.3.2 Vulnerable people.

Vulnerable people are defined as people who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement assistance and related development benefits. For purposes of this social economic survey, stake holders identified vulnerable people as the following. . Widows . Orphans . Disabled or seriously sick people, particularly people living with HIV/AIDS and other chronic illnesses.

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. Second or third wives, particularly those where there is a risk that they will be abandoned by their husbands after compensation. . The elderly . Households whose heads are females with limited resources. . Households whose heads are orphans (child headed households) 6.3.3 Compensation and resettlement packages. The resettlement and compensation packages have been designed to ensure adequate compensation for PAPs who lose assets or livelihoods when the project is implemented. These packages have been developed in accordance with the standard regulation and in consultation with the affected communities. Each PAP will have the opportunity to choose the option that best suits their circumstances.

6.3.4 Primary Entitlement Measures. This category is for PAPs who will lose a small section of land, which may have permanent or temporary structures. The measures include a mix of cash compensation for lost assets (including land, structures and crops), other assistance measures such as relocation assistance, and where appropriate, measures to cover any short term changes in assets by purchasing new land where necessary and/or constructing new structures on remaining portions of their land plots.

6.3.5 Compensation for loss of land. Compensation for loss of land will be provided to all PAPs who currently own land regardless of land size or the current land use.

Under the Primary Entitlement Measures, cash compensation will be provided, based on government valuation amount, and disturbance allowance of 15% or 30% depending on the length of notice to vacate. This is considered adequate for replacement value.

In the affected project area, some people live on land which was leased by Kilembe mines. That lease is renewable after expiry of the initial lease period. In case of compensation, the affected people and Kilembe Mines shall be compensated as long as they both hold valid deeds confirming their land rights. In such a case, the Kilembe mines would mutate its title deed to reflect portions of land taken and compensated by the project.

According to the Ugandan Law, any person eligible for compensation should also receive a disturbance allowance on top of their compensation sums. A disturbance allowance is a requirement developed from section 77 of the land Act (computation of compensation). Sections 1a, b, c, set out the recommended methods by which compensation is computed. Specifically, section 77‐2 states that, “In addition to compensation assessed under this section, there shall be paid a disturbance allowance of 15% of any sum assessed under Subsection (1).

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Land with in the proposed project area is of two tenure types, namely: registered land and customary land. The majority of the affected land is customary land without title. For resettlement purposes, calculations for diminution of land in each category will be as follows; a) Registered Land b) Customary land

6.3.6 Compensation for loss of crops

Perennial crops Compensation for Perennial crops and Annual (seasonal) crops has been evaluated based on Kasese district rates. For all the calculations the follow, these figures form part of the overall output.

Annual (seasonal) crops Unintentional damage to crops Unintentional damage to crops can not be evaluated before the damage is known. These will be handled at an appropriate stage by the grievance committee.

6.3.7 Compensation for loss of structures

6.3.7.1 Owner of permanent structures (residential and commercial) The biggest owner of permanent structures is Kilembe Mines Limited. These are residential houses. The compensation for these houses is based on value of houses, status and after which a disturbance allowance of 15% is added to the total cost.

6.3.7.2 Other compensation measures Payment options. Discussions will be held with the communities to obtain their preferred choice for the mode of payment. Based on the experience on the Mpanga project, cash payments are generally effective and will be used for the Nyamwamba project.

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Table 17. Entitlement matrix Category of Residential land Residential Structures Non Agricultural land Crops affected residential households structures Physically If feasible, relocation to If feasible, relocation to Cash If feasible and Cash compensation displaced the unaffected part of the the unaffected part of the compensati household is at households land in a residential land in a residential on at relocated nearby, replacement value structure rebuilt by the structure rebuilt by the replacemen household will of Project. Project. t value continue to any standing crops Otherwise, option Option between: farm their current that between: ‐ Resettlement, including land. the farmer is unable ‐ Resettlement, strongly replacement of lost house Otherwise, option to promoted by Project, by a resettlement house between: harvest during the including replacement of of similar or better ‐ Resettlement, notice period. residential land on a standing including square metre per square ‐ Cash compensation, replacement of lost metre basis subject to the cash option agricultural land by ‐ Cash compensation, being approved replacement land of subject to the cash option by a local resettlement similar or better being approved by a local committee potential resettlement committee. ‐ Cash compensation, subject to the cash option being approved by a local resettlement committee economically Option between: Option between: Cash Option between: Cash compensation

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displaced ‐ Resettlement, strongly ‐ Resettlement, including compensati ‐ Resettlement, at House holds promoted by Project, replacement of lost on at including replacement value including replacement house by a resettlement replacemen replacement of lost of of residential land on a house of similar or t value agricultural land by any standing crops square metre per better standing replacement land of that square metre basis ‐ Cash compensation, similar or better the farmer is unable ‐ Cash compensation, subject to the cash potential to subject to the cash option being approved ‐ Cash compensation, harvest during the option being approved by a local resettlement subject to the cash notice period. by a local resettlement committee option being committee approved by a local resettlement committee affected Cash compensation at Not applicable Cash Cash compensation at Cash compensation households replacement value of any compensati replacement value of at that are affected portion of the on at any replacement value neither residential plot replacemen affected portion of of physically t value the any standing crops nor agricultural plot that economically the farmer is unable displaced. to harvest during the notice period.

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6.4 Cash Compensation

6.4.1 Principles Compensation must comply with two sets of requirements, the Ugandan law and Equator Principles, the latter being potentially more advantageous to PAP, especially with regard to the valuation at “full replacement cost” as opposed to the depreciated value taken into consideration by Uganda valuation methodologies.

An important Ugandan requirement is that 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 female spouses and children. In addition to seeking formal consent of spouses in compliance with Section 40, the following steps will be taken to mitigate these risks: ‐ Payment in the presence of the wife and old children ‐ Establishment of cash compensation review committees.

6.4.2 Compensation Rates – Structures

The following table shows the general basis for structure compensation calculations:

Table 18. Basis for Structure Compensation Calculations Lost Item Compensation under Ugandan Law Project uplift Permanent Valuation on a case‐by‐case basis, Project uplift=Replacement Houses based upon the depreciated cost + cost – Depreciated cost. The 15 % or 30 % disturbance allowance replacement cost is based on actual cost of construction of an equivalent structure – The difference is generally 10% ‐ The project uplift therefore meets the gap between depreciated value per Ugandan regulations and “full replacement value” per FMO BANK requirements

Non‐Permanent Valuation based upon official Ditto above Houses District Land Board rates with type of materials, condition and age taken into account – + 15 % or 30 % disturbance allowance

Other Valuation based upon official rates Ditto above

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Structures with type of materials, condition (Granaries, and age taken into account + 15 % Latrines….) or 30 % disturbance allowance

6.4.3 Compensation Rates – Crops

The following table shows the general basis for crop compensation calculations.

Table 19. The general basis for crop compensation calculations Lost Item Compensation under Project uplift Ugandan Law Perennial Crops On Valuation based upon count 5 % uplift Lost Land (Row) and official district rates + 15% disturbance allowance

Annual Crops On No compensation No uplift Permanently Acquired Land (Row) Damage To Annual Valuation of damaged crops 5 % uplift Crops based on official district rates and count of damaged crops

6.4.4 Compensation Rates ‐ Moving The cost of moving will be compensated in cash at USD 200 per displaced individual in the household.

6.4.5 Disturbance Allowance The disturbance allowance is 15% of the compensation sum when prior notice of 6 months or more is given to vacate the land. Otherwise, it is 30% of the compensation sum. No uplift will be paid on top of the disturbance allowance.

6.4.6 Salvaging All assets that can be removed, such as building materials, will be an additional benefit to affected people. Their value will not be deducted from the amounts of compensation.

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7 CONSULTATION WITH PAPS ON COMPENSATION OPTIONS

7.1 Option Disclosure at Sub‐County and Village Level

As a first stage of disclosure, meetings will be organised at sub‐county level with LC1s of all affected villages. The principles of compensation for the various types of loss and of land transfer will be detailed. The list of plots to be acquired will be disclosed at sub‐ county and Parish Land Committee offices with surfaces, locations, and landowners’ names. Meetings at the village level will allow for the same information to be disclosed. Additionally, at this level, timeframes for consultation meetings with each affected individual will be published (lists). The importance of amicable transactions will be stressed, and the dispute settlement procedures will be presented.

7.2 Individual Disclosure Meetings Meetings will be held on an individual basis, with each affected head of household. This could take place either in the affected landowner’s house or at sub‐county offices. PAP may be assisted by whoever they wish, including LCs, family members, lawyers and legal counsellors.

The proposed compensation package will be detailed. So as to expedite the process and where appropriate, land compensation will be discussed together with compensation for all other landowner’s lost assets, such as crops and buildings.

Family members having to express consent under Section 40 of the Land Act must be identified and their consents must be sought at this level where applicable (See above section). This specifically applies to the rights of wives to be consulted and to the obligation for them to give their consent to any transaction that their husband would be willing to engage in. When the deal is agreeable to both parties, a compensation certificate will be signed (see “Payment” hereunder).

7.3 Local Cash Compensation Review Committees For physically or economically displaced people, past experience in Uganda has shown that cash compensation impacted badly on the household’s long‐term economic sustainability. This proves particularly detrimental to women and children in the household.

Nyamwamba Hydropower project’s intention is to strongly promote resettlement options rather than cash compensation. However, not proposing cash compensation as an option would be a violation of Ugandan law, and more generally, a violation of human rights. To avoid potentially vulnerable households opting for cash compensation if they are obviously unable to manage the sudden influx of cash, the following provisions are proposed:

‐ Establishment at local level (LC1 or LC3) of a Cash Compensation Review Committee;

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‐ Any physically or economically displaced household that preliminarily opts for cash compensation instead of resettlement would be reviewed for sustainability by this committee; only once the committee is satisfied that the household indeed has a project that ensures long‐term sustainability of the cash compensation option will the household be declared eligible for cash compensation.

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8 LIVELIHOOD RESTORATION

8.1 Overview

While a majority of affected people are peasant farmers, there are a significant proportion of them who are engaged in small business activities (see Section), particularly in Kilembe Mines estate.

Livelihood restoration programmes will therefore target two areas: ‐ Improved agriculture ‐ Small business development.

Women are known in Uganda to often react more positively than men to both improved agriculture and income‐generation programmes. They will be specifically targeted through gender sensitive engagement and training methods, and through specific activities in both the agricultural field and in income‐generating activities.

8.2 Eligibility Affected persons irrespective of their status (whether they have formal titles or not) are eligible for some kind of assistance if they occupied the land or properties, before the entitlement cut‐off. The following categories will be eligible for compensation: 1. They have formal legal rights to land (including customary and traditional rights recognized under the Laws of Uganda) and can produce satisfactory evidence of this; 2. They do not have formal legal rights to land, but have a claim to such land or assets provided that such claims are lawfully recognized in Uganda or become recognized through a process identified during the RAP . 3. They have no legal or traditional claim to the land, but are occupying or using the land prior to the cut‐off date. For all the three categories mentioned above, evidence acceptable within the laws of Uganda can be adduced, provided that the person has not assumed this ownership or occupancy within the first 30 days of the commencement of the project.

Compensation will be paid only to those persons: 1. Who prior to the commencement of the project, have evidence of ownership or occupancy of the land by the expiry of the cut off date 2. Who have property (a house, crops or thriving business enterprise) situated in the area identified for development; 3. With household members who derive their livelihood from the advantage of location and proximity to other socioeconomic facilities provided by the current settlement.

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Determination of the legibility of the bona fide occupants of the properties to be compensated shall be done through a transparent and legal process, taking into consideration all the existing laws of Uganda and policies of the Funding Agency and local customs.

Some impacts may be defined as non‐compensable, or as compensable with a generic payment – minor strips of land of a meter or two along parts required by the project or needed for an access road to be widened. Cash payments may be more acceptable when losses constitute a very small fraction of incomes, than when the income source (or residence plot) is so compromised that the entire holding or structure should be replaced. Defining the treatment to be applied to the major variations of all the main types of impacts eliminates the need to negotiate these issues for each subproject

As a principle, exercising transparency and garnering the confidence of affected persons must be upheld. Affected persons must be invited to participate throughout the various stages of the planning and implementation of the resettlement activities. Particular care must be taken to ensure that the interests of vulnerable groups such as women and children, the disabled, the elderly and the sick are appropriately addressed.

8.3 Payment 8.3.1 Principles For the Right‐Of‐Way, compensation will be paid when all transactions are agreed upon for a certain section of the project area. This will be in all cases prior to the actual commencement of the works.

8.3.2 Payment Procedure

8.3.2.1 Compensation Agreements When options have been selected by the affected household for the compensation of lost assets, all parties involved will sign a compensation agreement. These compensations agreements will clearly separate the compensation term paid for under Ugandan law requirements (C1), and the term resulting from the Nyamwamba Hydropower Project uplift. Signatories of the compensation agreements will be as follows:

Parties:  Compensation Recipient,  Nyamwamba hydropower representative,

Witnesses:  Witness Local Government representative,  Member of the Parish Land Committee.

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8.3.2.2 Payment Payments of all amounts more than Ush 100,000 will be made by cheque. Payment will be made by Nyamwamba Hydropower Project. On payment, a receipt will be signed by the same parties as above. Requirements indicate that this contradiction can be overcome as

9 GRIEVANCE REDRESS MECHANISM

9.1 Overview Dissatisfactions may arise through the process of compensation for a variety of reasons, including disagreement on the compensation value during valuation for assets, controversial issue on property ownership etc. To address the problem of PAPs during implementation of compensation a grievance redress committee will be established in project affected villages. The composition of grievance redress committee is depicted below.

Members of Grievance Redress Committee

1 Representative of Village Administration Member 2 Representative of Land Administration Member 3 Respected Elders (three) Members 4 Representative from the developer (one) Member 5 Representative from the contractor (one) Member

The main function of the committee would be arbitration and negotiation based on transparent and fair hearing of the cases of the parties in dispute between PAPs and the implementing Nyamwamba Hydropower Project. The committee gives solution to grievances related to compensation amount, delays in compensation payment or provision of different type of resettlement assistance.

9.2 Likely Types of Grievances and Disputes.

In practice, grievances and disputes that are most likely during the implementation of a compensation and resettlement program are the following: I. Misidentification of assets or mistakes in valuing them;

II. Disputes over plot limits, either between the affected person and the Project, or between two neighbors;

III. Dispute over the ownership of a given asset (two individuals claim to be the owner of this asset);

IV. Disagreement over the valuation (either the unit rate applied or the count) of a plot or other asset;

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V. Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset;

VI. Disagreement over resettlement measures, for instance on the location of the resettlement site, on the type or standing of the proposed housing, or over the characteristics of the resettlement plot; VII. And

VIII. Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements.

9.3 Grievances Redress Procedure All PAPs will be informed to approach the chairman of the grievance committee or the project implementer in case of any grievance regarding compensation. Any PAPs who have a grievance would present his /her cases to the grievance redress committee. The committee examines the case and responds within a period of 15 days. If the PAPs are not satisfied with the decision of the Grievance Redress Committee/GRC/, they can approach the grievance appeal committee which constitute the following;

 The LC 11 Chairman  The representative of the project developer.

10 COMMUNITY DEVELOPMENT PLAN

Surveys indicate that a small number of households will be affected by the project development. But just to ensure that all Project Affected persons (whether they are directly or indirectly affected by the project) actually benefit from the project, a community development plan will be developed using a participatory process. This will not only involve the PAPs, but also enlist the participation of the Kilembe Sub County local government.

10.1 Priority Areas of Emphasis in the Community Development Plan

Table 20 below highlights the key areas of priority in generating the community development plan. These areas have been established as a result of Focus group discussions with local residents within the project area as well as the observations made by the RAP study team

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Table 20. Priority Community Development Intervention Areas Intervention Areas Justification Community For communities to identify themselves with the project, Sensitization sensitization needs to be provided indicating the probable benefits the project will have and how the local people can buy into it. In addition, the ESIA identifies safety measures that both workers within the proposed project area and the communities that will be living adjacent to the project need to take. This information needs to be provided early in the project. Support livelihood Studies of similar projects (e.g, the Bujagali hydropower initiatives particularly to project) indicate that where cash payments is the preferred PAPs who will be compensation mode, it is important to support livelihood directly affected by the restoration in order to ensure that affected households either project attain their previous social status or better their livelihoods as a result of project interventions. This will require:  A participatory analysis of sustainable and easily adoptable livelihood sources (cottage projects)  Training PAPs in management of chosen livelihood projects  Funding of pilot cottage projects HIV/AIDS mitigation With the probable influx of workers into the project, campaigns communities must be protected from the probabilities of HIV infection. The project are is based in a social environment where poverty and low levels of literacy abound. Support the The project is likely to disrupt community foot paths development of a road particularly leading down to the River Nyamwamba and other network. parts of the project area. It will be important to ensure that alternative communication routes are provided to te appreciation of the local community

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11 MONITORING AND REPORTING PLAN

11.1 Overview For purposes of ensuring a smooth implementation of the Resettlement and compensation plan and to maximum its relevance in addressing the needs of the affected persons, the implementation of the compensation plan will be under monitoring throughout the whole process. Monitoring will be divided into two parts, i.e. internal and external monitoring.

11.2 Internal Monitoring During the active phase of resettlement and compensation, the following key progress indicators will be measured internally by Nyamwamba Hydropower Project every six months.

 Numbers of households and individuals affected by Project activities;  Numbers of households and individuals physically displaced as a result of Project activities;  Numbers of households and individuals economically displaced as a result of Project activities;  Numbers of households and individuals resettled by the Project;  Numbers of resettlement houses built;  Numbers of resettlement houses taken possession of by resettlers;  Grievances (open, closed); and  Amounts of compensation paid for each category of lost assets (structures, land, crops, others).

A brief quarterly internal monitoring report will be prepared on this basis. It may be publicly released depending on lenders’ requirements. Progress monitoring will be carried out internally by Kilembe Hydropower Project resettlement and compensation unit.

The internal monitoring will be performed by project resettlement implementation unit. The concerned local administration will also conduct their own monitoring .The target of internal monitoring activities is to ensure that there is overall fairness and transparency during the compensation process. Secondly, internal monitoring will help to ensure that the Resettlement Action Plan is implemented cognizant of the human legal rights for the affected persons. A monitoring plan shall be drawn which will be based on a compensation allocation schedule, ensuring that the implementation of compensation process is in conformity with the policies and regulations specified in the action plan. The main source of data for internal monitoring will be the data base generated from the RAPs for e.g. records on compensation for assets as well as the day today observations by implementing staffs. The resettlement office will record the progress of land allocation and resettlement. The office will make a summary report starting from

South Asia Energy Management Systems VS Hydro (pvt) Ltd / CaCl Consulting Ltd 54 Resettlement Action Plan for Nyamwamba Small Hydro Power Project the commencement of the activities and special events will be reported on continuous base. The format of the report will be prepared in terms of the requirement of the World Bank and African Development Bank. The format usually comprises detail description of resettlement progress and compensation payment, problems and difficulties met in the implementation process and corresponding resolution methods and measures.

11.3 External Monitoring External monitoring is the responsibility of National Environmental Management Authority (NEMA) at the national level and the District Environment and natural Resources at the district level. Both NEMA and the district environmental office will under take basic supervision on the impact of the project on PAPs and income restoration, PAPs degree of satisfaction with the resettlement and compensation process annually.

The major monitoring areas include; • The over all fairness and transparency of the compensation process; • Progress of compensation payment; • Appropriateness of grievance redress mechanisms; and • Problems and difficulties encountered.

11.4 Compliance and Completion Audits

11.4.1 Overview The independent compliance and completion audit will focus on the assessment of compliance with requirements contained in this RAP, in the Ugandan legislation, and in the FMO BANK policies. It will include: ‐ Quarterly external reviews (about one‐week in duration each) during the active phase of compensation and resettlement, ‐ A final completion audit at least one year after the last compensation has been effected, or at such time that the auditor will deem appropriate.

11.4.2 Compliance Reviews Objectives of these quarterly reviews are as follows: ‐ To assess overall compliance with the RAP and applicable legislation and requirements, particularly the following: . Compliance with eligibility criteria as described in this RAP, . Actual delivery of entitlements (compensation and resettlement packages) as described in this RAP, . Compliance with implementation mechanisms as described in this RAP; ‐ To verify that measures to restore or enhance Project‐Affected Peoples’ quality of life and livelihood are being implemented and to assess their effectiveness,

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‐ To assess the extent to which the quality of life and livelihoods of affected communities are being restored in an appropriate manner, based on results of the outcome evaluation mentioned above. External monitoring reports will be prepared independently by the reviewer and released to the lenders and to the public after review by Nyamwamba Hydropower Project for factual accuracy.

11.4.3 Completion Audit The purpose of the Completion Audit is to establish whether Nyamwamba Hydropower Project has implemented all activities needed to ensure compliance with resettlement commitments defined by the RAP and applicable policies, and whether resettlement and compensation can be deemed complete.

A key objective of the RAP is that resettlement, compensation and other mitigation measures should lead to sustainable restoration or enhancement of affected peoples’ quality of life and income levels. At such time as affected peoples’ quality of life and livelihood can be demonstrated to have been restored, the resettlement and compensation process can be deemed “complete”.

The completion audit will be carried out by the same auditor as the compliance audit. Based on progress indicators gathered by the internal Nyamwamba Hydropower project teams, and on outcome evaluation indicators gathered and validated by the external evaluation team, the auditor will formulate conclusions on the main following topics:

Have the objectives set forth in the RAP been reached in terms of: . Identification of affected people and identification of impacts, . Compensation for all impacts of all affected people, . Timely delivery of entitlements and compliance with Ugandan constitution requirement of “prompt” compensation, Has compensation been fair and adequate to mitigate experienced impacts? Have livelihoods been restored.

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12 OUTCOME EVALUATION

12.1 Indicators for Outcome Evaluation

Simple socio‐economic parameters will be established and monitored annually for a sample of about 20% of PAP, for instance the following:  Average monetary income, and total income including self‐consumption;  Income indicators, such as nutritional indicators and welfare indicators, including the possession of certain household items (see initial baseline questionnaire),  Breakdown of household expenditures;  Surface area of land holdings,  Crops and estimated or observed yields,  Number of affected people employed directly by the Project, including contractors and subcontractors,  Number of affected people remaining unemployed; and  Number of children at school. These indicators will be measured internally by Nyamwamba Hydropower project resettlement and compensation unit, based on specifications established by the external evaluator mentioned in the section below.

12.2 Implementation of Outcome Evaluation Nyamwamba Hydropower project will hire a suitably qualified external evaluator with significant experience in resettlement to carry out two evaluation reviews based on indicators measured by the internal team: ‐ One review will take place at mid‐term of RAP implementation (about one and a half year after commencement of implementation); ‐ The second review will take place two years after the end of RAP implementation, when livelihoods are likely to be restored or about to be restored.

Participation of communities in outcome evaluation will be warranted through the following mechanisms:

- Focus groups with affected people (gender specific), - Focus groups with community leaders, - Focus groups with representatives of host communities. - Evaluation reports will be publicly released.

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13 IMPLEMENTATION OF THE RAP

13.1 Overview

Nyamwamba Hydropower Project and the local leaders will put in place a dedicated unit for the implementation of this RAP, under the leadership of a RAP manager. The project implementation unit will be established for a period of 24 months. In general, the staffing will be sized to match the project needs at any given moment.

13.2 Involvement of Other Parties Other parties will be involved in the implementation of the RAP, as follows:

 At LC1 level: LC1 representatives will take an active part in further identification of affected households and valuation of affected assets, particularly where speculative attempts are suspected, and in Cash Compensation Review Committees.

 At LC2 level: Parish Land Committees are involved in the validation and sign‐off of compensation certificates;

 At LC5 level: District Land Boards are to establish and update compensation rates.

 Lastly, a Mediation Committee will be established at District level to review and mediate claims and disputes.

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14 BUDGET

14.1 Overview

The budget for implementation of the RAP is has been derived from the summation of all evaluated individual costs including the actual acquisition of land from Kilembe Mines. The budgeted cost is Uganda Shillings 571,605,737 (Five Hundred Seventy one Million, Six Hundred and Five Thousand, Seventy Three Hundred and Seven) table 21 shows details of amount of value attached to each category of compensation and other costs.

Table 21. The budget for the implementation of the RAP Number Value of Value of Value of Crops/ Dist. Allow Name of of Buildings/ Land/ Sub Total Total Cost No. Trees 15% Village affected Improvements Kibanja (Ug.X) (Ug.X) (Ug.X) (Ug.X) Persons (Ug.X) (Ug.X) 1 Masule 'B' 5 ‐ 1,591,200 283,050,000 284,641,200 42,696,180 327,337,380 2 Masule 'A' 31 1,143,725 28,659,150 9,560,000 39,362,875 5,904,431 45,267,306 3 Kanyaruboga 39 7,446,850 2,330,672 9,777,522 1,466,628 11,244,150 4 Katiri 6 5,843,200 371,150 6,214,350 932,153 7,146,503 Namuhuga 11 17,313,585 608,500 17,922,085 2,688,313 20,610,398 5 North East Support to Livelihood Restoration Initiatives (Community Development Plan) 50,000,000 6 Administration of Compensation 50,000,000 7 Monitoring and Evaluation (Compensation Administration/Community Development Plan) 60,000,000 8 Total 92 31,747,360 33,560,672 292,610,000 357,918,032 53,687,705 571,605,737

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15 ANNEXES

ANNEX 1: FGD DISCUSSION ON THE SOCIAL ECONOMIC ASPECTS AND KEY INFORMANT INTERVIEWS

FGD DISCUSSION 1 ON THE SOCIAL ECONOMIC ASPECTS Name Designation Juuko Edward Moderator Bwambale Obed Johnson Note Taker Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: November 2010 At Katiri Village, Kilembe Mines, Kasese district.

Present: No Name Occupation 1 Kahangwabyo Joward Health worker 2 Sunday Joshua Business Man 3 Kasoke Pascal (NRM) Aspiring LCII Chairperson 4 Baluku Modesta LCI 5 Manale Mosese Community Member 6 Nzukwa Joses Teacher Katiri 7 Odhiambo Juma Resident 8 Kambere Charles Agric. Officer 9 Mbweki Margret Resident Masule (A) 10 Musoki Janipher Resident Masule (A) 11 Biira Rhoda Resident Masule (A) 12 Mbambu Jovia Nzikwa Comm. Worker 13 Kyonairwe Roset Teacher Katiri 14 Masika Hannah Teacher Katiri 15 Bwambale Isaya Resident

Responses to issues raised by consultant (quoted verbatim) 1 what information R1. Actually there are several issues some of which include: regarding your This area is an estate. We are living together as residents but being village should we controlled by Kilembe mines. We have children and property. be aware of as VHs power R2. AL……… our climate is a cool one. We have green vegetation all Project? through the year. Expect damagers you also have to consider our drainage system.

R3. Consider our crops and other small businesses which may get affected and the. Other small investments on the land which may be damaged in the process.

R4. The land ownership question is still a big challenge in this area. We stay in Kilelembe mines estate which acquired this land many years ago through a lease. This lease was obtained by Kilembe mines

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without the consent of residents and most of us were not compensated by Kilembe Mines.

Moderator: Any other? R5. Consider the fact that our children must get employed in the course of constructing the power project. Our children are anxious to be part of the project implementation team.

We will be willing to offer both casual and technical labour. And if this is not done, expect malicious damage to the project property.

R6. We will be willing to consume the power that will be produced by the project.

2 What are the R1. More money is going to come in the area, this may lead to high community prostitution rate and thus increase in HIV prevalence of the area. concerns about the project? R2. We are going to have more power.

R4. Our children are going to be at risk of accidents during the implementation stage. The Safety aspect of our people against accidents is not guaranteed especially the safety of those persons who lay on the lower side of the tunnel is uncertain.

R5. There is a fear that the local inhabitant (tenant) who owns small investments and businesses are going to loose because Kilembe Mines is likely to claim for all damages since they are the lease owners.

R6. The flocking in of many people in the area might lead to some people’s wives and daughters being grabbed by labourers in the project.

R7. Though we find ourselves in Kilembe mines by default, we have a fear of relocation without our consent and failure to be compensated.

3 How should you R1. Involve us in decision making to streamline the mode of get involved in compensation. this project? R2. Award us (community members) Sub contacts in the project. R3. Ensure and assure us of corporate social responsibility. Let schools, Hospitals and community at large benefit from the project activities.

R4. Consider the fact that part of the profits should be repatriated back to the community in future.

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Any other R5. Through employment R6. Involve us in dialogue meetings. R5. Form project committees at grass root level. R8. Involve our daughters and sons in the project activities. R9. Share project information with us.

4 What information R1. Update us on the progression of activities of the project. would you like the R2. The social economic benefits from the project. We need to be project to share informed whether the project is benefiting us or not. What is the with you in way forward? future? R3. The length of the project power line. Tell us where it starts from and where it will end R4. Yearly reports on achievements of the project.

Moderator: Anything else? R5. Support for special interest groups. R6. Support for community Initiatives like projects, e.g. environment protection, Material control, Water supply, and Direct Community linkages. Is it the first time Answer (group) Yes to be consulted by R1. Kilembe Mines has not been consulting us and communication the project? between us and them is poor How would you R1. Through our LC5. want to get R2. Directly from the project to the community through meetings. information from R3. through established community committees. the project? R4. Through Radios What mitigation R1. Award enough time for tenants & residents to prepare themselves measures do you for relocation. suggest? R2. Carry out needs assessment for the community and consider them first. R3. Facilitate the resettlement process of the affected persons. R4. Protect the environment R5. Give free power to the community R6. Help people and conserve the water source R7. Pay rent for the affected families at least for 3 months. R8. Compensate tenants and single individual directly R9. Compensate in kind and form (a house for a house). How would you R1. Directly pay the affected persons or into their bank accounts. wish to be compensated or resettled? R2. The technical valuer should work together with our locally instituted committee. What should be  Set labour commitments

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the role of the  Assist in valuations committee?  Aid communication  Handle grievances

R4. Participatory decision making on how I should be compensated

FGD DISCUSSION 2 ON THE SOCIAL ECONOMIC ASPECTS: Name Designation Juuko Edward Moderator Bwambale Obed Johnson Note Taker Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: November 2010 At Kanyaruboga village, Kilembe Mines, Kasese district. Present: 1. Baluku Modesto ‐ Community leader 2. Muhindo Twesigye Levi ‐ Teacher 3. Baluku Elkana ‐ Teacher 4. Tumwine Alex ‐ electrician 5. Mbayahi Rabison ‐ Teacher 6. Bwambale Lhusenge ‐ Resident 7. Marunga kedrine ‐ Teacher 8. Nyabutono Eva ‐ Resident 9. Kabau Jonoles ‐ Teacher 10. Katya Jone ‐ Teacher 11. Meso Israel ‐ Teacher 12. Walina Lazunes ‐ Health worker 13. Bomera Richard ‐ Peasant

Responses to issues raised by consultant (quoted verbatim) 1 What kind of R1. The project is going to affect people, their animals and crops. This information will lead to relocation and change in their life style s and should we be livelihoods. aware of R2. Children (our children) are going to be affected. They will be at high regarding your risk of accidents. area? R3. We will need to be assured that our families are going to be safe from the negative effects of the project. R4. We will need you to keep us informed about the project activities.

Moderator: What else? R5. People are going to appreciate the project if they are clearly informed about the benefits they should expect from the project.

R6. We will need to know how labour recruitment will be handled and if it will favor our children to take part.

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R8. The project must be aware that we depend on piped water and that if they damaged the pipes during the project construction period, there will be a need for repairing them. R9. Be aware that some people depend on Nyamwamba and other water sheds whose sources must be protected during the projects’ implementation. R10. People whose crops and other properties are affected will need your closet attention. R11. Residents have lived in this area for decades and so it may not be easy to resettle them else where. 2 What are R1. The project is going to affect our survival negatively especially if our community lifestyles are tampered with. concerns about R2. Will there be safety reservations for our lives, our children and the project? property? R3. How, to where and when are the residents (affected) be compensated) R4. Which groups of people along the line are going to be compensated? Will those whose lands have been affected by the communication road be considered too? 3 How do you want R1. Give us jobs and assign us tasks. to get involved? R2. We should have a representative committee to the project. R3. Allow us to share on the power that shall be produced. R4. Ensure that our schools and other public institutions benefit from the Project. R5. Respect our local initiatives and assignments to the project. 4 How would you R1. Through our representative committee want us to share R2. Through our leaders (LC5) church leaders) information with R3. Through Delegation you? R4. Through Direct link up R5. Through Public notice boards

5 What kind of R1. Information about the project benefits registered information would R2. How our fears are going to be treated or handled you whish the R3. Information to guarantee project completion project to share R4. Information about how tenants and land owners will be with you in compensated. future? R5. We will need to know whether we are benefiting or not. 6 What approaches R1. Direct linkage through our leaders may we use to R2. Community dialogue meetings consult you in future? 7 What should be R1. Involve the following 3 categories of people (the stakeholders); the the most tenants, Kilembe Mines and our local leaders in design of the appropriate ways compensation modal for this specific project. Let the local leaders to handle mediate the process. compensation and resettlement? R2. When the valuation process is complete, make sure you pay people

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directly or through their bank accounts.

Key Informant Interview 1: Held with the Physical planner / senior land management officer, Kasese district. Name Designation Mr. Katikkiro Alex Physical planner / senior land management officer, Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: November 2010, At Kasese district offices

Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer)

Responses to issues raised by consultant (quoted verbatim) 1 What general People are excited, they expect a lot from the upcoming project. Among concerns do their expectations is employment, supplies to existing schools as well as people have medical supplies. regarding the proposed There is a lot contention over the ownership of this land. Kilembe mines development of says it has a land tittle and it feels it should be the one to be compensated the HPP? and yet it did not compensate all the people. Now if the project comes, are we going to compensate Kilembe or the people?. For the crops it is much easier because we can pay directly to the people according to who owns the crops, the districts has a list of the rates / prices of the crops so they can easily be valued.

When the water is diverted to the channel, people depending on that section of the diverted water will suffer. Even the aquatic life if not regulated will greatly reduce. Pollution by oils must be reduced so as to save the lives of the community. When the water is diverted there must be some water that must remain in the water channel by law.

People associate the project to land slides so this creates some sort of fear in the hearts of the people.

The project is also feared to increase the rate of infection of HIV / AIDS. The project will attract many people from different areas some of whom may be infected and will also spread the infections here. Our own people who will be compensated may also use their money unproductively since they may not be used to large sums of money. We fear that money may also be a source of risk of HIV /AIDS infection 2 What types of People will be very interested to hear information on the issue of information are employment and how many of our people will be involved. They may also

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people interested think they will get power though the rural electrification program, they in receiving? want to know how they are going to benefit from the project. 3 Are there any The people must be taught about the social aspects of life. They must be specific taught how handle situations of too much money this will decrease the issues/topics that spread of HIV / AIDS. People will be compensated large sums of money people would like which they are not used to having and they will not be able to control it more information properly and in the end they will lose it all. So they should be taught how to on? put this money to proper use. If you promise to help people, do it so that people accept the project. Put the infrastructure in place so that people can feel change brought about by the project.

People will need to know how the water level should be sustained to sustain the project. For example getting a tree planting project that will help get more vegetation and hence receiving more rains to sustain water levels.

Democracy should be used during the process of compensation. People should be given the rates at which they are going to be compensated so that they know how much they are going to earn. This must be very clear to them, they should know what to expect and if not met, an explanation should be clearly given.

Disposal of wastes especially for the people living down the stream is a very crucial issue that people would want to hear. People need to know where the debris will be put so as to conserve the environment.

They are also interested in knowing where the project’s source of raw materials will be. People think they can supply some raw materials like sand or aggregate.

People should be informed on how to use explosives so that they do not instead be dangerous to their lives. They should also be taught how they can control they dust. 4 How would Information can be passed on through communication meetings with the people like to local leaders. Radio talk show are another form where people will receive receive information quickly because many people listen to radios. information about the project and Consultation approaches: Focus group discussions will help clarify the SEA study ownership status of people. results in the future? 5 What mitigation CBOs should be involved to sensitize people on how to protect themselves measures should from the danger of catching HIV / AIDS. These CBOs should take measures be undertaken to like distributing free condoms to people. reduce negative effects? There must be some water that remains in the water channel by law, not a lot of it should be diverted. Our people should still have a chance to access

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water.

For the issue of pollution, an alternative source of water should be given to the people so that they do not use polluted water that will cause them illnesses. If blasting will be done in the water channel then they should be told about it in advance.

People should be paid first before they are relocated to avoid refusals. People should be assured that their soil will remain strong enough so as not to face land slides. Incase of landslides there should be disaster preparedness that will help mitigate such situations to avoid suffering of people. 6 What The health heath issue is critical here, we expect this project to provide expectations do clean and safe water through gravity floor schemes. The project can either the villagers have put up health centres or support the existing ones. They should provide regarding facilities for education institutions like furniture. They should also renovate community the social centre. development opportunities as a result of the project? 7 In your view, what The project should work with those people who were given mandate by the could be the most community to prepare the compensation list. They have to involve the appropriate way community by involving their local leaders, these will handle their to handle the grievances better. The team must have staff from the district. resettlement and compensation They should have a valuer who is able to listen to people’s grievances or process? issues. They should also design a model that will make improve their standards of living batter than they were before. There should be a concensus reached between the project and the community, people should be made to understand the project and have make an informed judgement. Any thing else The people who have structures should be encouraged to be given that you want us struttures not money because they will misuse it and in the end lose both. A to learn from your strong committee should be set up to recommend the kind of people that experiences from should be employed by th project. else where?

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Key Informant Interview 2: Held with the Chairman Kilembe LC 111.

Name Designation Mr. Kule Ezra Kamba Chairman Kilembe LC 111 Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: November 2010, At Kasese district offices

Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer)

Responses to issues raised by consultant (quoted verbatim) 1 What general People generally think that they are going to be displaced by the proposed concerns do project. They think the project might need a lot of land which might lead to people have their displacement. regarding the proposed Secondly, people also have a fear that at the time of compensation, the project development management might decide to only compensate Kilembe Mines because of the HPP? Kilemebe mines claims that all the land that is going to be affected by the project belongs to it. The fact about this matter is that, Kiremebe Mines leased land many years ago and some individuals were leased in without compensation. This is a very disturbing concern which has to be addressed appropriately by the project. The project has to find a way of compensating the people whose land was leased into the land that belongs to Kilembe mines and were not compensated.

Thirdly, people also have a fear that, the project might not give job opportunities to the indigenous people because even Kilembe mines does not give jobs to local people. 2 Is there any The most important information that the project team needs to be aware of is specific the issue of land ownership. Legally, most people stay on Kilembe mines land information because Kilembe has the land title for this land. However, at the time Kilembe regarding this mines acquired this lease, some people were leased in without compensation area that the by Kilembe mines. This might present challenges to the project because while project team legally Kilembe mines is the current owner of most of the land that is going to should be be affected by the project, it is also important to appreciate that, some people aware of? were not compensated, although their land is part of the land that was leased by Kilembe mines. So the question is “who are you going to compensate for loss of land? Are you going to compensate the people or Kilemebe mines? How are going to handle this situation without going into conflict with either parties?” People will not be happy with the project if they only get compensated for loss of crops without land and yet Kilembe mines claims to be the owner of the land in question. 3 What types of People are interested in knowing when the project is likely to take off. They information also want to know a committee that represents their views to the project

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are people management shall be constituted. People want to have a committee of that interested in nature set up by the project to use it as a conduit for channelling their receiving? concerns to the project management.

People are also worried that, they may not benefit from the power that shall be generated from their own river. I remember this concern came out repetitively in some meetings as people were wondering whether it shall be possible for them to benefit from the power that will be generated by this project. People are really interested in having direct benefits from the project which shall include the following:  Regarding provision of casual labour, people are expecting the project to use local people by up to 70% of the labour required for construction purposes.  They also expect the project to use local people to do community sensitisation.  They also expect the project to allow people from the area to be sub‐ contracted to do small assignments.  To employ local people to construct proposed gravity floor schemes for all water sources.

4 How would Mainly through their leaders and over the radio. people like to receive information about the project and the SEA study results in the future? 5 How should You have to call community meetings at the village level and disseminate the the results of findings. this social economic survey and other project information be made available to the villages? 6 Is the use of For me, I would not encourage the use of sub‐county committees in a sensitive sub‐county issue of this nature. I would advise that, you go directly to LC1 chairpersons committees to and they help you to make arrangements on how to consult with their people. consult with the villages appropriate? 7 What I think it shall be very important for the project to find ways of how to mitigation minimise physical displacement of people from their current locations. When measures people get displaced, they take long to adapt to the conditions of the places

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should be they are relocated to. People here are used to cool environment and if you undertaken to take them to places of higher temperatures, they normally suffer from malaria. reduce So this should not happen to our people. negative effects? Another thing is that, at commencement of project activities, people’s expectations for job opportunities shall be very high and not all of them shall be employed by the project. When some people get project employments and others don’t, those that have not got will think that they have been discriminated. So the project has to find ways of harmonising the issue of employment criteria in such a way that, it provides equal opportunities to all people regardless of their age, sex, or tribe.

Also, most people have started expressing their fears over land slides along the proposed canal. They have a fear that, huge stones might roll down after construction and run over their houses. This concern also has to be addressed during the canal construction period.

There is also a fear that, during construction, many people shall come into their area I search for employment which is anticipated to increase HIV transmission in the area.

Consequently, we all need to work as a team involving local leaders, community members and the project management. That way, all stakeholders shall make their contributions towards the implementation of the project activities and in having the project owned by the community members. Every time there is a problem, all of us have to sit down and look for a solution as a team. Solutions to problems should never come from the project management all the time; otherwise people shall be forced to work against its success. 8 How do the Give people employment and representation to the project management villages/people committees. want to be involved in the future? 9 Are there any May be NGOs and CBOs specifically those that have interventions in the areas specific local of environmental protection and HIV/AIDS. interest groups that we should be consulting with? 10 In your view, I think it shall be very important to undertake a genuine valuation exercise for what could be all people’s property that includes crops, land, and buildings. After that, the the most project has to come up with an acceptable criterion of compensating the PAPs appropriate whether by paying them cash or through in kind compensation. As an way to handle individual, I would recommend in kind compensation to minimise waste or loss the of compensation funds and livelihood. We also need to educate people about resettlement the compensation process through village meetings before actual and compensation exercise is implemented.

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compensation process?

Informant Interview 3: Held With The Wet Lands Officer and District Environmental Officer‐Kasese District. Name Designation 1. Mr. Kooli Augustine Wet Lands Officer 2. Muguru Evelyn District Environmental Officer‐Kasese District. Purpose of To obtain comments and input concerning the proposed Nyamwamba Small Hydro meeting: power project Date Held & November 2010, At Kasese district offices Place: Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer)

Responses to issues raised by consultant (quoted verbatim) 1 What general R1: People are really concerned about their livelihood. They are already concerns do used to the environment of the area where they stay and now, the people have project is coming to displace them. This is a big issue to all of them. regarding the To this effect, disturbance of PAPs has to be addressed by the proposed project. development of the HPP? R2: To add to what my colleague has just said, to most PAPs, better livelihood is tied to their area of current residence and that is where they find comfort to stay. Any development program that comes to community with intentions of displacing people is likely to face resistance from the community members. Even when you provide people with the same size of land as they had, they will still resist the move because they believe they are better off where they are now than when they are taken to any where else. However, in the event that people have to be relocated in the interest of national development, their request is that, they have to be re‐ located to an area which has water and other social amenities such as electricity, shops, hospitals etc. The affected communities in Kilembe sub‐county have access to all these social amenities and these are likely to be lost due to resettlement.

2 Is there any R1. Kilembe Sub‐County receives one of the highest rainfalls in the specific country. Compared to the climate of Kasese town, Kilembe sub‐ information county receives rainfall 4 times a week while there is none in regarding the Kasese town. Kilemebe sub‐county receives an equatorial pattern affected of rain fall throughout the year. That is why; you can find unique communities that crops growing doing very well in the hills even when it is steep. Soils the project team are deep, fertile and the area is part of the food basket of the

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should be aware district just because of the climate. Farmers are able to plan their of? farming activities based on the climate.

R2. One funny thing with the people of Kilembe sub‐county is that, they are comfortable and used with the nature of their environment, even when they are fully aware of the associated hazards. If they might be shifted, they might be taken to other hills because even when you want to move them away, they do not want to come down. Taking people away from Kilembe mines would also mean that, you are depriving them of their tourism activities existing in their area.

3 What types of R1: As you bring development, you must also be ready to put across the information are issue of benefits associated with that development. Kilembe mines people interested has not been able to give people power due to issues of policy and in receiving? legislation. Now that the policy has changed, this project should put in place mechanisms of including people in the rural electrification program or to pay for them shares of like 2 millions every month. R2: Engage people and help them to come up with issues to address land management like its use. R1: Let people understand the essence of this project. No body should miss understand the project or to miss interplete its objectives and to think that it has come to deteriorate their livelihood. People must be sensitised to appreciate that the project has come to bring about development in their area.

R2: Most people are expecting disaster from this project. They think the project is going to disorganise their area. The project has to find ways of sensitising them on the importance of the project to the area. They need to understand that, the project is not here to disorganise them, they also need to know that the project will use their local resources such the human resources, their agricultural products and other benefits apart from the main one generating hydropower. It is important to explain to people what to expect from the project without raising their expectation. Tell them exactly what to expect and what not to expect from the project. 4 How should the R1: Meetings will the most appropriate results of this social economic R2: Focus group discussions with local leaders. Make sure you discuss survey and other with the people and give them a feed back. project information be R1: Select a committee to work with, specifically to handle cumulative made available to issues arising from the project. After the compensation process or the villages? even during the process, some people will not be happy either with the rates or the criteria used. The project has to set up a committee to handle such complaints with the full involvement of the people’s representatives.

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5 Is the use of sub‐ R1: I don’t think it is necessary because some of the committee county members are political. It would be good if all of them were committees to technical people. If you use politicians to consult the villages on consult with the these issues, they will give you headache because they will villages interpret things in their own way. appropriate? 6 Are there other It is better to meet a small number of people at a time in a discussion. Allow consultation people to express their views. Do not appear like you know more than they approaches/meth do on such issues that concern their livelihoods. ods that could be used? 7 What mitigation R2: People have learnt over the years that projects of this nature have a measures should lot of money to relocate those that are affected by the project. be undertaken to Although people in Kilemebe are pro‐development, if they do not reduce negative get sufficient compensation for their assets, they might resist the effects? project. So, the project has to find ways of compensating the people with sufficient sums to restore their past livelihoods.

R1: most complaints will be as a result of compensation rates. Major issues will be out of dissatisfaction with the compensation processes.

R2: Communicate clearly with the people and make them know what to expect and what not to expect. Use the existing administrative structures in the district as you talk to the people. 8 How do the R1: Through employment. It will not be a good signal for the project to villages/people import from outside Kasese and leave those that are directly want to be affected by the project especially for jobs that do not require involved in the specialised qualifications. future? R2: You also have to set up committee to handle people’s grievances and to monitor the project implementation process. 9 In your view, what R1: Consult them, give them feed back, and allow them to comment on could be the most the progress and what they feel about the feed back process. If appropriate way they are not satisfied with the process, engage other authorities to handle the like the RDCs. You also have to set up a committee to handle post resettlement and compensation or post resettlement issues. compensation process? R2: use the district land board rates. 10 Any thing else R1: Make sure you consult widely on the compensation strategy that you want us especially with the PAPs. We do not want these people to complain to learn from your afterwards. Involve the district planner in the process. experiences from else where?

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Informant Interview 3: Held With the Assistant Chief Administrative officer, Kasese District. Name Designation Mr. Asaaba Wilson ACAO Kasese Purpose of To obtain comments and input concerning the proposed Nyamwamba Small Hydro meeting: power project Date Held & November 2010, At Kasese district offices Place: Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer)

Responses to issues raised by consultant (quoted verbatim) 1 What general Most people are looking at the project as some thing that has come to concerns do improve their livelihood in line with the rural electrification program which people have emphasises the use of electricity to support small industries such as maize regarding the and coffee hullers. proposed development of People also look at this project as a source of employment for the semi‐ the HPP? skilled people such as the artisans, brick layers, sand miners and also by providing other goods and services. The project in this sense is being looked at as a source of market for food stuffs.

The only fear people have about the project is the compensation; whether it is going to be adequate or not. They want their assets to be valued at the current market prices. They are also not sure whether they will be given the opportunity to work as casual labourers on the project. As a district, we are encouraging the project to give first priority to the people in the area because it is also a motivating factor to the community members.

2 What types of People are mainly interested in knowing the benefits they expect from the information are project to the nation and to their communities. They want to know what people interested development programs are going to come into the communities as a result in receiving? of the project. They want to know whether the project is going to build for them schools, health facilities, or what?

The people also want to be assured that the project is not going to displace any body without compensation. Most of them have that fear especially due to the fact that, Kilembe mines claims that it owns all the affected land. It is important to address this issue early enough because people might resist the project if their fears are not properly addressed. You need to be clear from the start about what people should expect and what not to expect from the project. 3 How would You need to conduct a number of meetings and explain to the people the people like to compensation and resettlement plan. Give them the details of the people receive who should be compensated. The people who participated in the study by information about providing information must get a feed back. You can organise a meeting for

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the project and the district leaders and CSO representatives and give them a feed back of the SEA study the survey. You need to engage other stake holders like Kilemebe mines results in the because they had wanted to resist the project saying that they owned river future? Nyamwamba. So it is better to talk to them and listen to their concerns since they own the largest part of the project affected land. Then you have to conduct different meetings at the sub‐count, parish and the village levels. Also, you will be required to conduct radio talk shows and further explain to the people as you allow them to ask questions related to the project. 4 How do the HIMA Industry which is also one of the development projects operating in villages/people Kasese district ear marks a day in every year to celebrate with members of want to be the community. On such days, HIMA encourages the people to objectively involved in the talk about the project, its successes and failures. HIMA also provides health future? support to the people through government health facilities, if they is an epidemic, they still come in urgently to support those that are affected. 5 In your view, what You need to find out exactly how many people are going to be affected by could be the most the project and identify the assets that are going to be affected by the appropriate way project at the household level. Categorise the affected properties and to handle the indicate which ones of them are permanent or semi‐permanent and value resettlement and them at the prevailing market prices. Share these findings with them. Move compensation with the district surveyor, physical planner and the valuer. We have a process? valuation list approved by the chief government valuer which can be useful in valuing people’s assets.

Interview 4: Held with the Management of Kilembe Mines Kilembe Mines Ltd Name Designation Felix Mugyema Liaison Officer Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd Administrative Office, Kasese District

Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Felix Mugyema (Liason Officer, Kilembe Mines Ltd)

Responses to issues raised by consultant (quoted verbatim) 1 About land ownership We have a sublease for 99 years covering 3282 ha under Kilembe mines although we have other leases in Kasese and Jinja. Our lease was acquired in 1954 so its still on up to about 2050. 2 Impact on land The entire canal to be trenched for the mini hydro power will impact our land. Everything to do with the proposed hydro power plant is in our land. All those people that there are just squatters. We will compensate them for their crops such as coffee, banana, cassava and potatoes.

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The buildings that will be affected by the canal are also a property of Kilembe Mines Ltd. However, those that will be affected are few and I think they are about 2 or 3. Even the market is also ours. The compensation will therefore not be much. However some are saying that part of the land is theirs but I know that they don’t have land. 3 About future Land use We have new investors who are coming. They want to invest into plan for Kilembe Kilembe mines Ltd again. A report has been handed over to government by consultants proposing various alternative uses but re‐ opening the mine is likely although we are waiting the decision of government. New structures will be established and new mining technologies will be introduced because the report recommended re‐ opening of the mine. 4 About ownership of the Kilembe Mines ltd is owned by Government up to 99%. mine 5 Company’s view on the The project has no problem. The more the power, the better. mini hydro project Currently, Mubuku small Hydro power project produces 5 megawatts proposed which is not enough so the proposed Nyamwamba Hydropower project is a necessity not only for the mine but also for the district. 6 Foreseen challenges to The challenge is see is that if they don’t control the environment, we the project shall be getting little water and they may not meet the 14 megawatts which they are targeting to produce. They need to sensitize people to stop encroaching on the watersheds and protect the water catchment. We used to have floods with R. Nyamwamba but these days, the floods are not as before. We are monitoring the quantity of water in the river and we think that the water level has reduced over time. 7 The view of Kasese The district people were very bitter when they had we were holding district administration meetings the power company. They thought that we were trying to stop the project. The district welcomes the project. We have had a series of meetings with the district people including the Chief Administrative Officer, District environment officer, Engineers and they expressed their interest in the project. They need power and people need this power too. 8 Concerns of the local The locals are asking when we are getting jobs. people

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Interview 5: Held with the Local leaders of Namuhuga North‐East Village Name Designation Marc Shame Defense Secretary, Namuhuga Local Council I Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd at Marc Shame’s shop in Namuhuga village Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Marc Shame, Defense Secretary, Namuhuga Local Council I Local Community Members

Responses to issues raised by consultant (quoted verbatim) 1 About the concerns In my village, people are not fearing. There is a team came to value the and fears of the locals affected property especially those who have shambas and were given forms. They are waiting to be paid so they are not fearing anything. 2 About affected houses In my village, there is no one who has a permanent house of his own except the one whose part of the fence will be slightly affected by the canal and it belongs to Mr, Katuramu Give and Take. There is no fear in my village. You will have to contact the chairmen of the other affected villages to check if they have any other concerns. 3 About land ownership People don’t own land. All land is company’s land (Kiremebe Mines in Namuhuga village Ltd). Whoever has a building there, then the company just allowed them and the company gets ground rent from them.

Interview 6: Held with the Local leaders of Masule B Village Name Designation Munoli Amos Secretary for Environment, Masule B Village Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd at Amos’s shop in Masule B village

Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Munoli Amos, Secretary for Environment, Masule B Village

Responses to issues raised by consultant (quoted verbatim) 1 View on the hydro When they told me that a new hydro power project was coming, I felt power project happy and I think they are going to develop the area. 2 Concerns of the Kilembe Mines Ltd came and surveyed the land in those days when they affected people were still mining copper. They promised to pay all those that were there but they discovered that there was no copper so they abandoned most of the area in our village and hence did not pay some of us. Although Kilembe

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mines Ltd has the lease for the land where we are staying, they did not pay our grandparents who were staying on it by the time they decided to process a lease for copper mining. So we are still the owners of this land where are staying. 3 About modalities The hydro power company has not valued some of our land so we don’t of compensation know much they will pay us. People are worried that they are going to pay them little money. We think that they my pay Kilembe Mines Ltd and they forget to pay the people who are actually the owners of the land.

Interview 7: Held with the Local leaders of Kanyarubuga Village Name Designation Bwambale Jogo LCI Chairman, Kanyarubuga Village Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd at Bwambale Jogos’ home in Kanyarubuga village Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Bwambale Jogo, LCI Chairman, Kanyarubuga village

Responses to issues raised by consultant (quoted verbatim) 1 Impact of the Only one house will be affected according to the baseline studies that were project carried out but it does not belong to some one. Its for Kilembe Mines Ltd. The rest of the affected properties will be crops, trees and shrubs. All land affected by the proposed Nyamwamba Hydro project is Kilembe Mines Ltd lease. 2 About We had a meeting recently with VS Hydro management and they are going compensation to pay for the crops affected. 3 Challenges No challenges. People are very hopeful to get employment when the project starts. They say that when the project starts, they should tart with the indigenous people first. 4 About local We have gravity flow scheme which belongs to Kilembe mines Ltd for dependency on domestic services. The stream is only used when they are cleaning the stream tanks. In Kyanjuki village, people use the main river but on temporary basis.

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Interview 8: Held with the Local leaders of Masule A Village Name Designation Boosi Alimos Jogo LCI Chairman, Masule A Village Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd at Boosi’s home in Masule A village

Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Boosi Alimos, LCI Chairman, Masule A Village

Responses to issues raised by consultant (quoted verbatim) 1 Concerns of the There is no worry only that the residents need to be compensated in terms locals of land, crops and houses if any. Land was acquired from their grandparents so they are bonafied occupants. Although the company (Kilembe Mines Ltd) owns the lease, for our side, they did not compensate the people. There is only one semi permanent house which will be affected. The owner is Mr. Masereka Joseph.

The project is good. Some meetings have been held and the LC5 raised those issues. They said that in case crops are destroyed during construction, they will continue to compensate during project implementation.

Interview 9: Held with Kasese District Administration Village Name Designation Mutungwanda Johnson ACAO, Kasese Purpose of meeting: To obtain comments and input concerning the proposed Nyamwamba Small Hydro power project Date Held & Place: 7th Dec 2010, At Kilembe Mines Ltd at the ACAOs Office, Kasese district. Present: Tumusiime Alfred (Environment Systems Analyst and RAP Specialist) Nalubega Sarah( Sociologist) Mangeni Rodgers (Field Officer) Mutungwanda Johnson, ACAO, Kasese

Responses to issues raised by consultant (quoted verbatim) 1 About the project I have only heard about the project but I think the CAO is more acquainted with the program although he is not around. 2 Concerns about I think the project may not meet any resistance. Another supply of Hydro the project power that will be reinforcing the current grid is good. People of Kilembe want power but the price has been repulsing them. They thought that the prices would be subsidized but this has not been the case. When people learn that there is another supply, they will welcome it. 3 challenges If there are any challenges, they could be at technical level with Kilembe Mines Ltd.

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ANNEX 2: LIST OF PEOPLE AND INSTITUTIONS CONSULTED

No Name Village Designation Tel Contact 1 Felix Mugyema Kyanjuki Liaison Officer, Kilembe mines Ltd 0776645475 2 Mnageni Rodgers Kanyaruboga Community member 0783492464 3 Joseph Wafula Pastor Kilembe Christian fellowship 0752850909 4 Marc Shame Namuhuga North‐East Defence Secretary, Namuhuga 0781513502 North East LCI 5 Munoli Amos Masule B Secretary for Environment, Masule 0779993246 B Village 6 Bwambale Jogo Kanyarubuga Village LCI Chairman, 0752519044 7 Mutungwanda Kasese District Asistant CAO, Kasese district 0772386614 Johnson 8 Kooli Augustine Kasese District District Environment Officer 0782544911 9 Lamu Olweny Kasese District District Water Odfficer 0772453395 10 Mr. Katikkiro Kasese District Physical planner / senior land Alex management officer, 11 Mr. Kule Ezra Kilembe sub‐county Chairman Kilembe LC 111 Kamba 12 Muguru Evelyn Kasese District District Environmental Officer 13 Mr. Asaaba Kasese District ACAO Kasese Wilson 14 Kahangwabyo Katiri Village Health worker Joward 15 Sunday Joshua Katiri Village Business Man 16 Kasoke Pascal Katiri Village (NRM) Aspiring LCII Chairperson 17 Baluku Modesta Katiri Village LCI 18 Manale Mosese Katiri Village Community Member 19 Nzukwa Joses Katiri Village Teacher Katiri 20 Odhiambo Juma Katiri Village Resident 21 Kambere Charles Katiri Village Agric. Officer 21 Mbweki Margret Katiri Village Resident Masule (A) 22 Musoki Janipher Katiri Village Resident Masule (A) 23 Biira Rhoda Katiri Village Resident Masule (A) 24 Mbambu Jovia Katiri Village Comm. Worker Nzikwa 25 Kyonairwe Roset Katiri Village Teacher Katiri 26 Masika Hannah Katiri Village Teacher Katiri 27 Bwambale Isaya Katiri Village Resident 28 Baluku Modesto Kanyaruboga village Community leader 29 Muhindo Kanyaruboga village Teacher Twesigye Levi 30 Baluku Elkana Kanyaruboga village Teacher 31 Tumwine Alex Kanyaruboga village Electrician 32 Mbayahi Rabison Kanyaruboga village Teacher 33 Bwambale Kanyaruboga village Resident

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Lhusenge 34 Marunga Kanyaruboga village Teacher ke36drine 35 Nyabutono Eva Kanyaruboga village Resident 36 Kabau Jonoles Kanyaruboga village Teacher 37 Katya Jone Kanyaruboga village Teacher 38 Meso Israel Kanyaruboga village Teacher 39 Walina Lazunes Kanyaruboga village Health worker 40 Bomera Richard Kanyaruboga village Peasant

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Resettlement Action Plan for Nyamwamba Small Hydro Power Project

ANNEX 3: HOUSE HOLD QUESTIONNAIRE

PLOT REF : ______‐____‐______ENUMERATOR:______

NYAMWAMBA SMALL POWER PROJECT – TRANSMISSION LINES

AFFECTED HOUSEHOLD – SOCIO‐ECONOMIC FORM.

Date of Interview: ______Village: ______

SECTION 1 FAMILY INFORMATION

LO _____ Tenant _____ Licensee _____ Co‐owner _____

Household Head ______(Surname, First Name)

Photo Ref ______Sex: ______

Date/Year of Birth:______Age: ______exact/approximate (circle appropriate response)

Where were you born? ______When did you come here? ______

Are your parents alive? Yes/ No. If alive, which? ______(circle appropriate response)

Where do/did your parents live? ______

Marital Status :( circle appropriate response) 1=Single 2=Married (no of spouses)______3= Divorced 4=Widowed

Tribe/Clan: ______

Village: ______

Main Occupation of Head of Household: ______

Where do you work? ______

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Religion: 1=Catholic 2=Protestant 3=Muslim 4=Other______

Is the affected plot a principal place of residence? (circle appropriate response) Yes / No.

House hold member Full names Year of Residing on Literacy birth affected land level (Yes/No) Head of hose hold Spouses

children (18 and more)

Children under 18

Other dependants

Literacy Levels: 1: Illiterate 2: Can read and write 3: Complete Primary Education 4: Complete Secondary Education 5: Complete University Education

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SECTION 2: HOUSEHOLD LAND HOLDINGS AND ASSETS

Agricultural Plots Location Surface Status of occupation Agricultural use Affected (Village) Acre (owner/co‐ (crops typically (Yes / owner/tenant/CO grown) No tenant/licencee) O CO T/COT L Y N

Residential Plots Location Surface Status of occupation Structures on plot Affected (Village) Acre (owner/co‐ (Yes / owner/tenant/CO No tenant/licencee) O CO T/COT L Y N

Structures Location Construction Status of occupation Condition Affected (Village) Materials (owner/co‐ (Yes / owner/tenant/CO No tenant/licencee) P NP O CO T/COT L Y N

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SECTION 3: LIVELIHOODS

Item Description Cash Ug. Shillings for year 2009 Item description Cash Ug. Shillings for year In kind e.g 2009 cow/labour/grain Income from Household Enterprises (Please provide details of calculations in notebook)

Crop Farming Other Agricultural Income (eg Livestock, Poultry) Non‐Agricultural Income Property Income Rent received from rented property (land, housing) Benefits Family allowances/social security benefits Remittances and assistance received from others Other (inheritance, alimony, scholarships, etc) Employment Formal employment income TOTAL

Do you have a bank account? (circle appropriate response) Yes / No

If yes, where? (e.g. bank name, location, distance):______

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SECTION 4: HEALTH & VULNERABILITY

Are there disabled or chronically ill people in the household? 1=YES 2=NO

If YES: ‐ Type of disability/illness:______

- Type of care required:______

Number of births & deaths over the last 12 months in the household:

‐ Births:______

‐Deaths: ______

‐Cause:______

What are the most common diseases that affect the family? ‐ ______

‐ ______

‐ ______

‐ ______

What is the nearest health facility known to the family?______

Is it actually used by the family? 1=YES 2=NO

If NO, why?______

Do you practice family planning? 1=YES 2=NO

Have you heard of HIV/AIDS? 1=YES 2=NO

How is HIV/AIDS contracted?______

How can HIV/AIDS be avoided?______

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SECTION 5 WELFARE INDICATORS Does everyone in the household have at least two sets of clothes? N Y Does anyone in the household own a radio? (add telephone/fixed or N Y mobile) Does anyone in the household own a fixed telephone? N Y Does the household have a bicycle? N Y Does the household have any other transport equipment other than N Y a bicycle? If yes, what type of vehicle? If someone in the household had a serious problem, is there N Y anybody in this settlement that you could ask assistance from?

SECTION 5 WELFARE INDICATORS

Where do you get drinking water from: ______Distance from residence ______meters

Do you fish in the present situation: 1=YES 2=NO

If YES, where? ______How often?______

Do you hunt in the present situation: 1=YES 2=NO

If YES, where? ______How often?______

What fuel do you use in the household: 1=Firewood, 2=Gas, 3=Charcoal, 4=Solar, 5=Paraffin/Kerosene 6=Biogas, 7=Electricity, 8=Other______

SECTION 6: OTHER OBSERVATIONS & COMMENTS

Include Relocation Preferences if the House

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ANNEX 4: FGD GUIDE

1. What information regarding your village should we be aware of?

2. Are there any specific project effects that you are concerned about?

3. What comments can you provide us on the proposed community development initiatives?

4. How would you like to be involved in the implementation of the community development initiatives?

5. What future information/consultation activities would you like?

6. How were you informed about the resettlement and compensation process? (All the process had five stages: Education and information, Compensation, Resettlement, Monitoring, Construction and provision of social services).

7. Do you think that you were sufficiently informed about the compensation and resettlement process?

8. Then, were you given an opportunity to sufficiently express yourself on the compensation processes?

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ANNEX 5: KEY INFORMANTS INTERVIEW GUIDE

1. What general concerns do people have regarding the proposed development of the HPP?

2. Is there any specific information regarding your village that the project team should be aware of?

3. What types of information are people interested in receiving?

4. Are there any specific issues/topics that people would like more information on?

5. How would people like to receive information about the project and the SEA study results in the future?

6. How should the results of this social economic survey and other project information be made available to the villages?

7. Is the use of sub‐county committees to consult with the villages appropriate?

8. Are there other consultation approaches/methods that could be used?

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ANNEX 6: IDENTIFICATION AND VALUATION DOSSIER

Assessment Form side a

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APPENDIX 7: STRIP MAPS FOR LAND TO BE ACQUIRED

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