World Bank Document

Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

RP1030 v1

KAWANDA – MASAKA TRANSMISSION LINE

Project Name: ELECTRICITY SECTOR DEVELOPMENT PROJECT

Project Number: P119737

Report for: RESETTLEMENT ACTION PLAN (RAP)

PREPARATION, REVIEW AND AUTHORISATION

Revision # Date Prepared by Reviewed by Approved for Issue by

ISSUE REGISTER Distribution List Date Issued Number of Copies : April 2011

SMEC staff:

Associates:

Office Library (SMEC office location):

SMEC Project File:

SMEC COMPANY DETAILS

Tel:

Fax:

Email: www.smec.com

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We certify that this Resettlement Action Plan was conducted under our direct supervision and based on the Terms of Reference provided to us by Uganda Electricity Transmission Company Ltd. We hereby certify that the particulars given in this report are correct and true to the best of our knowledge. Table 1: RAP Review Team

Resource Designation Signature

Social-Economist/RAP M/s Elizabeth Aisu Specialist/Team leader

Mr. Orena John Charles Registered Surveyor

Mr. Ssali Nicholas Registered Valuer

Mr. Yorokamu Nuwahambasa Sociologist

Mr. Lyadda Nathan Social Worker M/s Julliet Musanyana Social Worker

ACKNOWLEDGEMENT

SMEC International wishes to express their gratitude to The Resettlement Action Plan (RAP) team, AFRICAN TECHNOLOGIES (U) Ltd and to all the persons who were consulted for their useful contributions that made the assessment successful. In this regard, Mr. Ian Kyeyune , LC5 Chairman Wakiso, M/s Joan Kironde, the then District Environment Officer Wakiso, M/s. Muniya Fiona, Sector Manager Mpigi, and to all the Local Council Leaders in all the affected Districts and the PAPs M/s Ziria Tibalwa Principal Planning Officer, Mr. John Othieno Principal Environment Officer and the whole Project Team of UETCL as well as all LC Executive of all the villages affected is acknowledged.

Gratitude is also due to the community in the project area who were very responsive for which the team is grateful.

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TABLE OF CONTENTS

ACKNOWLEDGEMENT ...... II

KEY TERMINOLOGIES ...... VI

EXECUTIVE SUMMARY...... VIII

1 INTRODUCTION ...... 1 1.1 PROJECT BACKGROUND ...... 1 1.2 PROJECT OBJECTIVES ...... 2 1.3 PROJECT DESCRIPTION ...... 2 1.4 OBJECTIVE OF THE RESETTLEMENT REVIEW AND UPDATE ...... 3 1.5 SCOPE OF WORK ...... 3 1.6 GUIDING PRINCIPLES ...... 4 1.7 APPROACH AND METHODOLOGY ...... 6 1.7.1 Socio-Economic Survey and Consultations...... 7 1.7.2 The Land Survey...... 8 1.7.3 Census and Valuation Methodology ...... 9 1.7.4 Basis of Valuation ...... 9 1.7.5 Method of Valuation ...... 10 1.7.6 Methods of Restitution ...... 10 1.8 REPORT DETAILS ...... 11 2 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK...... 12 2.1 POLICY FRAMEWORK ...... 12 2.1.1 Government Policies ...... 12 2.1.2 The World Bank Safeguard Policies ...... 14 2.1.3 World Bank Safeguard Policies ...... 14 2.2 THE UGANDAN LEGAL FRAME WORK ...... 16 2.2.1 The Constitution of the Republic of Uganda, 1995 ...... 17 2.2.2 The Electricity Act, Cap 145 ...... 17 2.2.3 The Land Act Cap 227 ...... 17 2.2.4 The Roads Act 1965 ...... 18 2.2.5 The Historical and Monument Act, 1967 ...... 19 2.2.6 Employment Act 2006 and Other Related Acts ...... 19 2.3 GAP ANALYSIS ...... 20 2.4 INSTITUTIONAL FRAMEWORK ...... 23 2.4.1 Ministry of Lands and Physical Planning...... 24 2.4.2 Ministry of Water and Environment...... 24 2.4.3 Ministry of Finance and Economic Planning...... 24 2.4.4 Ministry of Gender, Labor and Social Development...... 25 2.4.5 Ministry of Energy and Mineral Development...... 25 2.4.6 District Local Government Authorities...... 26 2.4.7 District Land Boards (DLBs)...... 26 2.4.8 District Land Tribunals (DLTs) ...... 26 2.4.9 District Environment Officers (ODEOs)...... 26 2.4.10 The Village Committees...... 27 2.4.11 Non Governmental Organisations and CBOs ...... 27 3 IMPACTS OF THE PROJECT ...... 28 3.1 PROJECT LOCATION ...... 28 3.2 SCOPE OF PROJECT IMPACTS ...... 32 3.3 CATEGORY OF IMPACTS ...... 32 3.3.1 Loss Of Land And Property ...... 34 3.3.2 Impact On Structures ...... 35 3.3.3 Physical And Economic Displacement...... 36 3.3.4 Impact on Water Supply Systems ...... 37

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3.3.5 Impact on Economic Activities...... 37 3.3.6 Impact on Shrines and Graves ...... 37 3.3.7 Potentially Vulnerable Groups...... 39 3.3.8 Institutions Affected...... 42 4 SOCIO – ECONOMIC –BASELINE INFORMATION ...... 44 4.1 ADMINISTRATIVE BOUNDARIES ...... 44 4.2 POPULATION ...... 44 4.3 DEMOGRAPHIC CHARACTERISTICS OF THE RESPONDENTS ...... 45 4.3.1 Age Distribution...... 45 4.3.2 Educational Levels...... 46 4.3.3 Health Status...... 47 4.3.4 Ethnicity and Religion...... 48 4.3.5 Length of Residency ...... 49 4.3.6 Settlement and Land Use...... 49 4.3.7 Land Tenure ...... 51 4.3.8 Livelihoods and Economic Activities ...... 51 4.3.9 Current Infrastructure...... 54 4.3.10 Shrines and Graves ...... 55 555 COMPENSATION FRAMEWORK AND ELIGIBILITY ...... 56

5.1 INTRODUCTION ...... 56 5.2 GENERAL GUIDING PRINCIPLES ...... 56 5.3 GUIDELINES ON DEFINITION OF RIGHT OF WAY CLEARANCES ...... 57 5.3.1 Actions for Transmission Line Right-Of- Way ...... 57 5.3.2 Guidelines for Resettlement Along the Right-Of-Way...... 58 5.3.3 Implication for Resettlement Action Planning ...... 60 5.4 ELIGIBILITY ...... 60 5.4.1 Loss of Assets ...... 62 5.5 COMPENSATION STRATEGY ...... 63 5.6 ENTITLEMENTS ...... 67 5.7 RESPONSIBILITY AND SCHEDULE OF COMPENSATION PAYMENT ...... 70 5.7.1 Valuation Process and Methodology ...... 70 5.7.2 Valuation of Land ...... 70 5.7.3 Calculations for Compensation Payments and Related Considerations ...... 71 5.7.4 Compensation Options ...... 71 5.7.5 Compensation Packages ...... 72 5.7.6 Compensation Procedure ...... 74 6 RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION ...... 77 6.1 RELOCATION PLANNING ...... 77 6.2 ELIGIBILITY FOR PHYSICAL RELOCATION ...... 77 6.3 IN KIND COMPENSATION PACKAGES ...... 77 6.3.1 New Housing ...... 77 6.3.2 Alternative Relocation Sites ...... 78 6.3.3 Replacement of Agricultural Land ...... 78 6.3.4 Moving Allowance and Moving Assistance ...... 78 6.3.5 Physical Relocation of Graves ...... 78 6.4 LAND REQUIREMENT FOR RESETTLEMENT ...... 79 6.4.1 Site Selection Criteria and Preparation ...... 79 6.4.2 Relative Suitability of Candidate Sites ...... 80 6.4.3 Final Resettlement Site Selection ...... 80 6.5 RESETTLEMENT SCHEDULING ...... 81 6.6 LAND REQUIREMENT FOR STORAGE ...... 82 6.7 CULTURAL MITIGATION PLANNING ...... 83 6.7.1 Background ...... 83 6.7.2 General Objective: ...... 84 6.7.3 The Properties ...... 84 6.7.4 The Approaches ...... 84 7 COSTS AND BUDGET...... 88 7.1 RESETTLEMENT COSTS ...... 88

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7.2 LESSONS LEARNT AND BEST PRACTICES ...... 88 8 ORGANISATIONAL RESPONSIBILITY AND IMPLEMENTATION PLAN ...... 90 8.1 RAP I MPLEMENTATION ...... 90 8.2 ORGANISATIONAL RESPONSIBILITY ...... 91 8.2.1 UETCL – Resettlement Unit ...... 91 8.2.2 PAP Committee (PC) ...... 92 8.2.3 Related Local Government Departments ...... 92 9 PUBLIC CONSULTATION AND DISCLOSURE...... 94 9.1 INTRODUCTION ...... 94 9.2 STAKEHOLDER ANALYSIS ...... 95 9.2.1 Stake Holders Consulted...... 95 9.3 STAKEHOLDER ENGAGEMENT ...... 100 9.3.1 Approach And Thematic Areas ...... 100 9.3.2 Community Sensitisation...... 101 9.4 STAKEHOLDER CONSULTATIONS ...... 105 9.5 CONCLUSION ...... 109 10 GRIEVANCE RESOLUTION MECHANISMS...... 110 10.1 AIM OF GRIEVANCE REDRESS PROCEDURE ...... 110 10.2 TYPES OF GRIEVANCES ...... 110 10.3 GRIEVANCE REDRESS MECHANISM ...... 111 10.4 INSTITUTIONAL ARRANGEMENT FOR GRIEVANCE REDRESS ...... 114 10.4.1 Grievance Redress Procedure...... 115 10.4.2 Conflict and Grievance Minimisation Through Information Disclosure and Consultation...... 115 10.5 INDEPENDENT (E XTERNAL ) M ONITORING FOR GRIEVANCE REDRESS MECHANISM ...... 122 11 MONITORING AND EVALUATION FRAMEWORK...... 124 11.1 PERFORMANCE MONITORING ...... 125 11.2 PERFORMANCE MONITORING INDICATORS COULD INCLUDE : ...... 126 11.3 EXTERNAL MONITORING ...... 127 11.4 COMMUNITY DEVELOPMENT ACTION PLAN ...... 138 12 CONCLUSION AND RECOMMENDATION ...... 139 12.1 CONCLUSIONS ...... 139 12.2 RECOMMENDATIONS ...... 140

TABLE I: RAP REVIEW TEAM...... II TABLE II: ESTIMATED NUMBER OF AFFECTED HOUSEHOLDS PER DISTRICT ...... TABLE1: COMPARISON OF RELEVANT UGANDAN POLICIES AND REGULATIONS WITH THOSE OF THE WORLD BANK ...... 21 TABLE2: ADMINISTRATIVE BOUNDARIES AND VILLAGES TRAVERSED BY THE T-LINE ...... 28 TABLE 3: LAND UPTAKE...... 34 TABLE 4 : SUMMARY OF IMPACTS PER CATEGORY...... 35 TABLE 5 SHOWS A SUMMARY OF THE VULNERABLE PAPS PER DISTRICT PER VILLAGE 39 TABLE 6: ESTIMATED NUMBER OF AFFECTED HOUSEHOLDS PER DISTRICT...... 44 TABLE 7: ILLUSTRATION OF THE OWNERSHIP STRATEGY AND COMPENSATION STRATEGY FOR TRANSMISSION LINE ADOPTED FROM THE RESETTLEMENT HANDBOOK BY IFC...... 65 TABLE 8 : ENTITLEMENT MATRIX TABLE 9 SUMMARY ON THE METHODOLOGY FOR VALUATION OF AFFECTED PROPERTIES...... 74 TABLE 10: ITEMS REQUIRED FOR RELOCATION OF BURIAL GROUNDS ...... 86 TABLE 11: ASPECTS TO BE COVERED DURING COMPENSATION ...... 86 TABLE12 ESTIMATED RESETTLEMENT COSTS...... 88 TABLE 13: : RAP IMPLEMENTATION SCHEDULE AND KEY ACTIVITIES ...... 90 TABLE 14: PERTINENT ISSUES RAISED BY PAPS TABLE 14: SUMMARY OF STAKEHOLDER ANALYSIS...... 97 TABLE 15 GRIEVANCE MINIMIZATION, PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES119 TABLE 16 SUMMARY OF PERFOMANCE/ EVALUATION INDICATORS ...... 130

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TABLE 17 MONITORING INPUTS AND OUTPUTS ...... 135

Appendix 1: INFORMATION BROCHURE Appendix 2. MAP showing line route Appendix 3. list of impacts per village Appendix 4. list of vulnureable groups Appendix 5. summaries of consultative meetings Appendix 6. socio-economic status of PAPs Appendix 7. socio- economic survey questionaires Appendix 8. pap registration forms

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KEY TERMINOLOGIES

Wherever the following terminologies are used in this document, they are used to mean the definitions presented below. Most of the definitions are sourced from the World Bank “Handbook for Preparing a Resettlement Action Plan”, 2001, with or without modifications as relevant to this Project .

Project-Affected Area means an area, which is subject to a change in use because of the construction or operation of the Project.

Project-Affected Person (PAP) means 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. PAPs may include: • Physically Displaced People, i.e. people subject to Physical • Displacement as defined hereunder, • Economically Displaced People, i.e. people subject to Economic • Displacement as defined hereunder.

Physical Displacement means 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 means 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.

Project-Affected Household (PAH) means 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 such as parents and grandchildren. Compensation means cash or in-kind payments at replacement value for an asset or a resource acquired or affected by the Project at the time the asset is replaced.

Resettlement Assistance means support provided to people physically displaced by the Project. Assistance may include transportation, and social or other services 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 workdays. Replacement Value means the rate of compensation for lost assets calculated at full replacement value, it is, the market value of the assets plus transaction costs (taxes, registration fees, cost of

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transport associated with registration of new land and land transfer, etc). The replacement value must reflect the cost at the time the item is replaced. As for 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 means 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.

Sub-county Uganda has a Local Governments System operating at different levels. These are Local Council V (LC V) – District; LC IV – County/Municipality; LC III – Sub-County; LC II – Parish and LC I – Village. The role of the local governments is to implement and monitor government programs at the respective levels. Mailo Land It involves the holding of land in perpetuity, permits the separation of ownership of land from the ownership of developments made on land by a lawful or bona-fide occupant (generally known as Tenant). Additionally, the holder can only exercise transactions on the land subject to the rights of those persons occupying the land.

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EXECUTIVE SUMMARY

Project Background The Uganda Electricity Transmission Company Limited (UETCL) proposes to construct 134 Km of a 220 kV transmission line from Kawanda to Masaka to evacuate power from Bujagali and other proposed hydropower stations on the Nile to central Uganda as well as serve as a high voltage backbone to the proposed regional interconnection network between Uganda, Tanzania, Rwanda, and DR Congo. The project will be financed by the IDA under the Electricity Sector Development Project (ESDP). The proposed transmission line will transmit power from Kawanda 220/132/33kV substation to Masaka West substation from which the load centers of Masaka, Mbarara shall be supplied with power. Overall, the proposed construction of the transmission lines will be associated with: • Consultancy Services for Detailed Line Route Survey, Line Profiling, Geological Survey, Tower Spotting, Designs and Supervision of Works during construction. • Construction of a new 220kV double circuit steel tower transmission line (135km) from the proposed new 220/132 Kawanda substation (to be operated initially at 132kV) to the new Masaka west 220kV substation. • Extension and construction of Masaka West 220kV Substation • Construction of 2 X 220kV feeder line bays at the new Kawanda Substation ( to be initially operated at 132kV) • Construction of 2X220 kV feeder line bays Masaka West Substation ( to be initially operated at 132kV) • Installation of 2X125MVA, 220/132/33kV Auto transformers at the existing Masaka West 220/132kV Substation. • Two 220kV and two 132kV transformer bays • Clearing of right-of-way as necessary • Construction of access roads as necessary • Construction of workers camps and storage facilities for the project materials

In addition, the project will invest in a community support program to help the communities around both the stations of Kawanda and Masaka and along the t-line reap benefits from the investment. At the same time MEMD will be fulfilling its social responsibility to Ugandans in this location. Community

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support activities include among others street lighting, lighting of markets, etc, in Masaka and along the t-line. However, the community development initiatives and the specific sub project activities will be developed and finalized during project implementation. A separate Resettlement Policy Framework has been prepared to cater for land acquisition in this program.

Project Objective The overall development objective of the main proposed project is to improve the availability and reliability of electricity supply in the central and southwest regions of Uganda. The specific project objectives include:

• Provision of adequate transmission capacity to supply the south western and Western region of Uganda • Provision of adequate transmission capacity for implementation of rural electrification • Improvement of quality and reliability of power supply to the south western and Western Uganda

It is envisaged that this project will trigger O.P.4.12 Involuntary resettlement and hence a Resettlement Action Plan for the Kawanda Masaka t-line has been prepared. Further it is necessary that a resettlement policy framework is prepared for the community support program as some activities may require the taking of land and assets thereon. Further, this is also because the scope and details of the specific community support program activities are not known and therefore an RPF has to be prepared and disclosed prior to Appraisal of the project.

Project Description The Project is 137 Km of a 220kV power line running from the existing Kawanda substation, 10 miles North of Kampala, to Masaka West substation. This line will transmit power generated from Bujagali and Karuma Hydro power Projects to the load centers of Masaka, areas of Western Uganda, Northern Tanzania and Rwanda in line with the East African Power Master Plan. It is aimed at reinforcing the capacity of Western transmission line to cater for the increasing demand of electricity in the districts of Wakiso, Mpigi & Masaka as well as provide backbone transmission of electricity within the East African region. The Government of Uganda has recently requested World Bank (IDA) to finance the project under the Energy Sector Development Project. The old feasibility, RAP, and RAP documents were handed over to the IDA for review. The Bank reviewed the documents and provided comments to guide the update of the documents to meet the IDA requirements. In the recent past, The IDA recommended that the 34 km Kawanda-Mpigi section of the transmission line corridor should be redesigned to traverse areas that are less encumbered by settlements.

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UETCL has therefore taken the recommendation and this has reduced both the number of Project Affected persons and assets to be lost.

Initially, UETCL contracted African Technologies Limited (AFRITECH) to develop A Resettlement Action Plan (RAP) for the people likely to be affected by the proposed line. The RAP was to identify Project Affected Persons (PAPs) and their property, assess the property for compensation, cases for resettlement, and develop guidelines for RAP implementation and monitoring arrangements. Although this had been completed in 2008, implementation was not undertaken. Therefore it was very important that an update of the RAP be made. It was therefore on this basis that UETCL contracted SMEC International to review and update the RAP of the entire proposed 137km 220kV transmission line and incorporate data from the 34km diversion.

Objectives of the Resettlement Review and Update I. Update and outline the current cost for land requirements for the works, including compensation for crops, buildings and other developments within the area of direct influence, II. Review and update any resettlement requirements for cases involving physical displacement and/or areas that need to be avoided due to congestion of human settlements or other sensitivities.

Approach and Methodology

In order to minimize resettlement as much as possible, the verification team from UETCL confirmed the diversion route and identified the gaps in the previous RAP. It is therefore on this basis that UETCL contracted SMEC International to update and review the RAP report earlier on prepared by AFRITEC U LTD. The review team from SMEC International used the following methods to accomplish the work.

Socio-economic Surveys and Consultations : The Consultant applied a variety of methodologies to ensure that impact and compensation assessments are based on current and verifiable socio-economic and demographic information. Consultations were undertaken amongst a number of stakeholders including Local Government Staffs, PAPs, and cultural leaders amongst others. Key issues that have emerged through the above processes include: • Employment – community desire and demand for a high level of employment, coupled with fear that the limited local skills base will result in exclusion. • Compensation - adequacy of the cash compensation.

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• Resettlement – impacts and compensation measures for economic and physical displacement. • Livelihoods –loss of access to water points, schools, crop land and pasture. • Rural electrification – the community desire electricity as form of benefit to the project.

Land Survey: As per planning scheme of the transmission line, land survey was carried out by the surveyor to ascertain the level of encroachment and determination of the t-line right of way and way leaves. Marking and numbering of all structures within the RoW (yellow colour) and way leaves (white colour) is done. The surveyor together with the valuer undertook the inspection/referencing of all affected properties to collect basic data for compensation assessment. In addition, the affected property owners were requested to furnish the consultant with any relevant documents relating to their interest in the properties. Census and Valuation Methodology : In the presence of the LC I Chairperson or representative, the Valuer carefully counted all crops and trees, measured buildings/structures while the owner/affected person verified the count. A “Compensation Assessment Form” was filled to record properties affected. The LC I Chairperson, property owner and Valuer verified the contents and signed the form. The Chairperson signed as witness to the count. The affected person retained a copy and the Valuer kept the original. Calculation to determine the amount for compensation for crops, trees, and structures was done using the market rate based on approved district compensation rates for the districts through which the line passes . The rates for Kampala District were used for this project firstly because Mpigi and Masaka did not have District rates. Secondly these rates are generally higher affording PAPs a ‘fair’ compensation. Policy, Legal and Institutional Framework

The main issue in land acquisition, resettlement implementation and management is presence of an appropriate legal, policy & institutional framework to cater for (i) land acquisition, (ii) compensation, (iii) relocation, (iv) income restoration and (v) livelihoods restoration programs. Government and donor policies are crucial in successful implementation of projects that lead to property acquisition, destruction and displacement of people. Although t he Government of Uganda (GoU) has no specific policy on resettlement and compensation it recognizes the right of persons to own property and be compensated for loss of property. The right to own property and be compensated for loss is derived from various sections of the 1995 Constitution, Local Government Act 1997 and Land Act 1998. Furthermore, the GoU recognizes the World Bank Operation Safeguard Policy OP 4.12 (2001) on involuntary resettlement that provides basis on which the World Bank screens proposed projects to determine the appropriate extent and type of RAP to be undertaken.

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In order to ensure that the RAP for the proposed 220kV Kawanda-Masaka power line meets the environmental and social policies and the World Bank Policy on Involuntary resettlement, gap analysis was carried out on the relevant Ugandan and development partner policies, legislations and guidelines. Under the Ugandan laws the affected persons are monetarily compensated, and that the affected persons are only eligible for compensation if they have legally recognized rights to the subject land, but the World Bank requires that all affected persons should be compensated, regardless of their occupancy status. WB policy provides for alternative land where compensation on land for land basis, compensation in kind and goes beyond monetary compensation by specifying that income must be restored at full replacement cost. In addition, both annual and perennial crops must be compensated for in cash at an established rate, or annual crops may be given time to mature and be harvested.

That notwithstanding, there are a number of legislative and regulatory instruments in Uganda that address land acquisition and settlement both general and specific terms. Among these is the 1995 Constitution of the Republic of Uganda and a number of Acts. The Acts and Regulations of particular relevance to the proposed 220kV Kawanda-Masaka power line are;

The constitution of the Republic of Uganda, 1995 The Land Act, 1998 The Electricity Act, 1999 The Historical and Monuments Act, 1967 The Water Act, Cap 152 The Road Act 1965 (defines the right of way) The Worker’s Compensation Act.

Institutional Framework

The major issue in land acquisition and resettlement implementation and management is the appropriate institutional framework for all concerned parties including the project developer. It is important to ensure timely establishment and effective functioning of appropriate organizations mandated to plan and implement land acquisition, compensation, relocation, income restoration and livelihood programs. An institutional framework for the successful implementation of this project is detailed below. The following institutions will be involved in this project;

Ministry of Lands and Physical Planning (Office of the Chief Government Valuer and Department of Lands & Surveys)

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Ministry of Water and Environment (Directorate of Water Development, The National Forest Authority and The National Environment Management Authority)

Ministry of Finance, Planning and Economic Development (Microfinance Program)

Ministry of Gender, Labour and Social Development

Ministry of Energy and Mineral Development (Uganda Electricity Transmission Company Ltd)

The District Government Authorities (Chief Administrative Officers, Sub county chiefs, District land boards/tribunals) and,

Village Committees

Local Non-Government Organizations (NGOs) and Community Based Organizations (CBOs)

Establish offices at each district for grievance management

Political leadership ( Local Councils I to V

Other technical staff from the social services sector (roads, water) that have the mandate of Local Government at the sub county level

Project Impacts

The lines traverse over mainly private farm land and not much government owned land. It transverses homesteads both permanent and temporary and farm land with crops such as maize, bananas, coffee, vanilla, cassava, sweet potatoes and fruits like; jack fruit, avocado, mangoes water melon and many others exist though scattered. The land is also used for animal rearing/grazing that include; cows, goats, sheep, pigs poultry and fish ponds. Few scattered tall trees and other plants exist, wetland and both natural and planted forests.

The project activities will inevitably lead to negative impacts like land-take, property displacement, crop destruction, household displacement and cultural site encroachment. These activities will lead to loss of land and property, limited access to water supply, increased pressure on health facilities, loss of income/means of livelihood and creation of the potentially vulnerable populations. The land requirements for the project are of three broad categories, namely;

land for construction of the transmission line

land for the expansion of Masaka West Sub-Station

land required temporarily for construction purposes.

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Following the UETCL definitions, the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the right of way (RoW). This implies a corridor of 5 meters that will be permanently acquired and will occupy the tower foot print and 17.5 meters on each side of the corridor (Way leaves) that will temporarily be acquired during construction of the t- line. Where the towers require more than 5 meters, the additional land will be paid for or equally replaced. Additionally from the data collected and analyzed, UETCL will require about 120 acres for purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as storage or lay down area during construction. Owners of the latter land will have to be compensated for the disruption during the lifetime of construction activities. This is slightly different from the 2008 requirements due to changes in routing brought about by human settlements near the Kampala Area.

A total of 321 permanent structures and 121 semi permanent structures are to be affected. Some 225 structures, mainly residential and commercial buildings will have to be demolished to pave way for the right of way of the transmission line. Of these, 60% are permanent finished residential and commercial buildings and 31% are semi-permanent structures mainly residential). Since care was taken to minimize speculation, no speculatively constructed structures were encountered.

Out of the above numbers, 160 households that are to be physically displaced include those with varying degrees of vulnerabilities and have opted to have their houses replaced, while the rest have been termed as economically disturbed due to the current use of the land determined to be agricultural/commercial. The remaining 65 households with structures to be demolished have chosen to receive cash payments for their structures due to their capacity to use the compensation proceeds to replace the structures. The different compensation options for each category are discussed in chapter 5.

In general, there are 2136 households, and a total of about 13596 persons affected by the currently optimized route in the project area. Out of these numbers, 160 households are to be physically displaced while the rest have been termed as economically disturbed due to the current use of the land determined to be agricultural/commercial. Most of the persons likely to be physically displaced live in the highly encumbered areas of Nabusanke Town A, Kayabwe, Buwama B, lutente, Lukuli, Kayirikiti, Kalagala Kiteredde, Kamungomba Namansenene. In addition, people leaving in urban centers such as Buwama in Mpigi District and Lukaaya and Masaka Town Council in Masaka District will be physically displaced. There are 3 unprotected and 2 protected springs in the ROW of the transmission line. Construction of the transmission line will directly affect these water sources through pollution and interference with flow. Residents in the villages of Bukasa A, Senge and Buwama B Membe Makoku and Kayirikiti

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these water sources will be replaced or protected. Whereas the construction of the transmission line may lead to increase in economic activities in the project area, this will be limited to urban centers such as Mpigi, Buwama, Lukaaya and Masaka. Economic activities such as stone quarrying, sand mining, poultry, piggery and farming may be interrupted by the construction of the transmission line. A couple of poultry and piggery businesses fall within the ROW of the transmission line. The buildings housing the poultry units are semi permanent structures with corrugated iron sheet roofs. Whereas these structures can easily be relocated, there will be disruption to income generation. For example, in one of the units we estimate a net monthly income of UGX =500,000= or USD 294 (at 1 USD = UGX 1700=) corresponding to UGX 6,000,000 (USD 3,530) per annum. In a country with a per capita income of USD 240, this amounts to high loss. Several shrines, graveyards and possessed trees are found along the route and attempts have been made as much as possible to avoid them during the construction of the transmission line. Vulnerable Persons. Implementation of projects that lead to property take and livelihood disruption usually affects some people more than others. These categories of people are known as the potentially vulnerable. Vulnerable groups are defined by the World Bank policy on involuntary resettlement (O.P. 4.12) 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 than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits’ There are 167 vulnerable households that will be affected by the entire line and of these 100 are female majority of them being aged widows with 1 aged 100 years. Table below summarizes the total categories of the impacts of the T-line.

A summary of the Vulnerable PAPs per district per District District Total number of villages with Total Male Total Female Total vulnerable PAPs Wakiso 10 12 14 26 Mpigi 26 44 49 93 Masaka 16 11 37 48 Total 52 67 100 167 The male are 67 all these are scattered throughout the t-Line in 52 villages. Those who are HIV positive are 2 in Kabale and Majja villages and the Physically Disabled moving on wheel chairs are also 2 in Mwota and Buwama B villages, a minor in Mwalo village and a drunkard in Senge village.

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Out of the enumerated entities found along the optimized route, 82 have been categorized as institutions whose impact was unavoidable and whose strategy for impact mitigation is slightly different from the individualized approach of households. Efforts have been put in place to minimize impact on public and social infrastructure however some of them like the NSSF land in Bukasa A Wakiso District, Grace Infant School with less than 100 pupils in Kavule village, Iqra Primary School in Mpigi, Nkozi Agri-business training School will have to be affected.

Demographic Characteristics According to the 2002 Population Census the population of the affected districts was Wakiso 908,000, Mpigi 407,800 and Masaka 770,700 people. Results from the socio-economic survey suggest that 22% of the household members are children less than 18 years old and 68% of the household members were between 35 – 55 years. Only 10% are very old thus 56 + years of age. With the majority of the population being in the productive age bracket the dependency ratio is expected to be low.

Educational Attainment

A large proportion (56%) of PAPs attained primary school education with fewer than half this (20%) enrolled for secondary education. Most of the women did not enroll because factors like early marriages, low priority on girls' education and lack of means to pay for school fees for secondary education. Just 8% of the PAPs attained tertiary education. Literacy Levels The low levels of literacy in the area implies that any information and awareness programs to be designed for the people in the project area should not rely only on written texts but use illustrations and other suitable information media. Furthermore, low education levels means few PAPs have skills that are required in the construction of the transmission line. Therefore majority of them may be employed as casual laborers. Furthermore, since many of the affected PAPs still have children that are attending primary and secondary school, it is important that any resettlement area should have educational facilities to cater for the increase in enrolment or else the project helps the host communities expand the educational facilities.

Health Facilities

In the three districts covered during the survey, it has been noted that there is too much pressure on the existing health facilities that are mainly Health Centre II (HC II), drug shops, clinics and traditional birth attendants. The majority of the people in the project area use health centers (43%), clinics (28%), and drug shops (20%) for the management of their health. A mere 6% visit hospitals Religion and Ethnicity

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The dominant ethnic group in the project area is the Baganda (88.4%). Other tribes such as the Bakiga, Banyankole, Banyoro, Bateso and Batooro stay in the project area especially around the trading centers. The population within the project area is largely Christian (80%) with Catholics (51%) dominating. However, traditional beliefs are strong among the respondents.

Settlements

Through the 137 km stretch from Nakyesanja LC I (where Kawanda Substation is located) to Masaka West substation, the proposed transmission line traverses sixty seven villages, including Trading Centers and Towns. From Nakyesanja to Masaka the settlements are typical village setting characterized by scattered settlements with footpaths. The compounds are composed of a group of houses accommodating members of an extended family. However, from Kawanda to Kkoba swamp settlements are mainly of the scattered nuclei settlement with various permanent structures which are concentrated along the roads while semi-permanent and mud and wattle houses are found as one goes deeper in the villages.

Land Ownership Sixty eight percent of people to be affected by the project are tenants, 30% are registered leasehold landowners, 1.2% are registered landowners and the rest are licensees. A majority (80%) of these people have official documentation (land titles, land agreements and wills) showing ownership of their land.

Livelihood Activities

Land is mainly used for agricultural purposes on a small-scale level for domestic purposes. This is because of the size of the plots of land under cultivation, the agricultural practices characterized by poor farming methods, poor soils which produce very low yields due to over cultivation over a long period of time. Crops mainly grown in these areas include food crops like cassava, potatoes, maize, bananas, beans, tomatoes, rice, tomatoes ginger, avocado vegetables, watermelon groundnuts and cash crops like vanilla, coffee, moringa trees and tobacco and eucalyptus.

Livestock farming is also practiced within the project area but done on a small scale with most households not keeping more than 3 cows and 5 goats except Muzinda Women’s Group –Bagala alina which rears pigs on medium scale. The most common livestock are goats, pigs, cows, rabbits and poultry. Another livestock farmer keeping about 40 Friesian cows was found in Kibwa in Wamala Parish and a number of cows found grazing in Lwera near Lukaya. . Income, especially the disposable portion is vital in the coping ability of the affected populations. Persons, even when they are disabled or old would still be able to hire labor and skills required for

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survival. The major income sources of the PAPs were identified from their own declarations. The income streams of the PAPs can be summarized into;

regular earnings (salaries and wages)

agricultural activities (farming, livestock, poultry keeping, etc)

income from property rental

public transportation (boda bodas, etc)

others

Agriculture is the major source of income, although practiced at subsistence level most of the products end up in the roadside markets spread along Kampala – Masaka highway. 65% of the respondents stating that they rely on sale of agricultural products such as Bananas (Matooke), Maize, Cassava, Sweet potatoes, Tomatoes, pumpkins, Yams, Onions, fruits like Water Melon, Pineapples, Oranges, Passion, sweet Bananas, poultry, pigs goats and cows. Since agriculture is the main stay of the Uganda economy, moreover, a large proportion of the PAPs are rural based, it was reported that 75% of it contributed to household income. The rest is attributed to other economic activities like brick baking, sand mining, art and crafts from the reeds and papyrus, and small scale businesses. In the urban areas however, salaries and wages form key sources of income.

In Mpambire village, drum making is the main economic activity mainly by men. Other sources of domestic income included transportation (boda boda), fishing (areas in Lwera up to Lukaya), and handcraft work, casual labour mainly in form of masonry, digging and fetching water. Although most people are engaged in income generating activities, their monthly incomes are not stable, some are seasonal and still very low and thus fragile.

Employment

There are very few opportunities regarding employment for the residents of the rural areas of the project area. It was noticed that many residents had not received training in any skills. The few trained in the community-included teachers, health workers, tailors and carpenters. It was observed that on average the highest level of education attained is Senior Four, while most of the children drop out of school after Primary Seven mainly because of lack of school fees. Roads

The project area crosses three high ways Kampala – Masaka, Kampala – Gulu and Kampala – Hoima. Then runs along Kampala – Masaka highway for most of its part but at some areas it goes

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off for over 5 kms into villages. The roads leading to these villages are seasonal characterized by poor network system and road surface with potholes. Some of the villages were not easily accessed due to the geographical set up especially in the swampy areas where roads were too narrow and impassable.

Water supply

Most of the water sources are along the swampy areas or within the valleys. It was observed that unprotected springs were the main source of water supply. A few water taps for National Water and Sewerage Corporation and boreholes were identified in villages of Kikaya, Bubule, Jandira, Nabusanke, Buku, Kyanja, Kiswa, Buyaya, Lubanda, Baja, Kayunga, Kayirikiti and Kitenga some of which were still working and others out of function due to poor maintenance. In Kasubo village, there are no water sources in the area due to the terrain and it was reported that there are many mineral salts underground, which affects the water quality even of the borehole. There are also unprotected water sources in Bukasa A, Ssenge, Namutuya and Buwama B.

Compensation Framework and Eligibility

Compensation and entitlements will be triggered by particular and specific impacts resulting from the project. Using the information from the socio-economic survey and census,, these general impacts emanating from the project would include losses both at family and commercial establishments. Hence the eligibility of affected persons are those persons whose property and land will be acquired both temporary and permanently; directly or indirectly for the project implementation.

In order to minimize resettlement impacts, the consultant used guidelines from the International Commission on Non-Ionizing Radiation Protection (ICNIRP), and other applicable electric power transmission and distribution standards. The guidelines imply that permanent acquisition of the wayleaves may be limited so that relocation of structures and compensation of agricultural crops, trees and other productive uses may be modified from conventional approaches.

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Eligibility

The determination of eligibility for various types of compensation is framed both in terms of the PAP categories in section as well as whether the individual PAP and affected property were present in the project affected area before the resettlement cutoff date which in this case was 18th February 2008 for the original line route and 30 th October 2010 for the diversion. In functional terms, a resettlement cutoff date is the calendar limit on the project’s responsibility to compensate impacts, by specifically defining date after which the public ‘should know’ not to make improvements or settle on project land by virtue of public consultation and other communication efforts. Affected households and persons that according to the WB policies are eligible for compensation will thus include:

All those who have formal legal rights to land (including customary and traditional rights) recognized under the laws of the country (Mailo Landowners, Leaseholders)

All those who did not have formal legal rights to land at the time the census began but had claims to such land or assets (Bibanja holders/bonafide occupants)

All those who have no recognizable legal right or claim to the land they are occupying but have property on the said land

Only those who had rights to property before the cut-off date

Guided by the definition of ROW and the way-leave and the fact that some families are in this area, some will have their structures demolished. These include residential and commercial buildings, kiosks, etc.

Compensation Strategy

In order to minimize the negative economic impact of improvement activities on agricultural activities the compensation strategy has provided several scenarios (situations) which come with minimal disruptions and/ or disturbances.

Entitlements

The process begins with linking an array of affected asset types to an interest or legal right, then to a potentially affected party who is deemed eligible or not according to specific conditions. If qualified, the affected party is then considered ‘entitled’ to an appropriate

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compensation package. The right to benefits will only be granted to PAPs whose assets will be demolished and those who will have to move their assets to a different location. UETCL will use prevailing market rates for permanent structures, titled land and trees as practiced by the international valuation standards committee (2008) rules and The Institution of Surveyors of Uganda valuation rules. UETCL also has a policy that ensures that any cut or uprooted vegetation is left for owners use after compensation. Assets that are not vegetative would require valuation before compensation and resettlement.

Valuation Process and Methodology

Through community sensitization meetings, the RAP development team addressed the PAPs and gave them the : (i) The proposal to acquire the land; (ii) The public purpose for which the land is wanted; (iii) That the proposal or plan may be inspected by the UETCL officials ; (iv) That any person affected may, by written notice, object to the transaction giving reasons for doing so, to the entities cited above within a period to be specified at the time of publication of the Notice.

In calculating the compensation payments a number of considerations were made including where any land has been acquired under Land Acquisition Act, compensation will only be payable in addition to the value of any improvement or works constructed on such lands:

• for the loss of usufructuary rights over such lands in the case of land under customary tenure, and • for the market value of such lands in the case of freehold land. In estimating the compensation to be given for any land or any estate therein or the potential profits thereof, the following were taken into account:

a) The value of such lands, estates or interests or profits at the time of the emission of the notice to acquire, and will not take into account any improvements or works made or constructed thereafter on the lands,

b) That part only of the lands belonging to any entity /person acquired under this Act without consideration for the support of the value of the residue of the lands by reason of the proximity of any improvements or works to be made or constructed by the program, and

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c) The value of the lands acquired for public purposes but also to the damage, if any, to be sustained by the owner by reason of the injurious effects of severance of such lands from other lands belonging to such owner or occupier.

d) For cash payments, compensation will be calculated in Ugandan currency adjusted for inflation. For compensation in kind, items such as land, houses, other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment may be included. Assistance may include moving allowance, transportation and labor.

Compensation Options Results from the socio-economic survey undertaken in 2008 suggested that 90% of affected households preferred cash compensation, 6.4 % prefer in-kind compensation for the land lost and 2.6% were undecided. Furthermore, 72% of the affected people that would lose their houses preferred cash compensation while 28% preferred the in-kind option. This team observed that the strong preference for cash compensation irrespective of the size and type of loss could increase the risk of misappropriation of such funds hence increasing the vulnerability of the PAPs. However, the UETCL field team in charge of sensitization and awareness has provided for both cash and in kind compensation including other resettlement assistance and livelihood restoration measures to be utilized by the PAPs. Consultations with PAPs further revealed that cash compensation should be an option for the lightly affected households where income restoration support can manage to re-establish and increase household production and income from the remaining land. For the more heavily affected households, such as those who are losing houses and/or who will remain with plots of land that are insufficient for them to secure their livelihood and income (those losing more than 20% of their land), in-kind compensation and resettlement solutions were negotiated and agreed to the largest possible extent. Alternatively, UETCL could negotiate a combination of in kind and cash compensation Payment Procedure. This process included verification of both the PAPs and their losses, disclosure of entitlements, further consultations on issues arising, documenting /recording the PAPs details and then payment or relocation as necessary. Disclosure A compensation committee will carry out public disclosure of the compensation. We propose a 3- stage process with the first stage disclosure meetings by the verification team at any convenient place in the affected villages with area LC1s to explain the principles of compensation for different types of loss. Second stage disclosure meetings at village level with individual PAPs during which results of land and property assessment will be disclosed to them. The list of each affected individual with no

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amounts is then published. Third stage disclosure meetings, will be held with individual affected households at an appropriate place in the affected village. At this stage, the proposed compensation for land and other affected properties will be discussed. Family members have to express their consent at this level as required by Section 40 of the Land Act. If the deal is agreeable to both parties, a Compensation Certificate will then be signed. Payment Procedure Compensation should only be paid in cash if the amount is less than UGX 100,000 UGS otherwise payments should be made to bank accounts of beneficiaries. Beneficiary households should be encouraged to open bank accounts at banks of their choice.

Each person who receives compensation will sign a compensation payment certificate clearly showing different compensation amounts for land taken, land developments (crops, trees, structures) as well as the disturbance allowance. Beneficiaries should also sign titled or untitled land transfer form. For purposes of transparency, the signatory parties should include;

The Compensation Recipient/Claimant

UETCL Compensation Committee Representative

The LC1 Chairperson

Independent Witness NGO Representative

The Land Officer of the District

Resettlement Assistance and Livelihood Restoration

In general the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW. Additionally from the data collected and analyzed, UETCL will require about 120 acres for purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as storage or lay down area during construction. Owners of the latter land will have to be compensated for the disruption during the lifetime of construction activities. Included here below are resettlement and livelihood alternatives to be offered to affected household and people. These alternatives take into account the requirement of WB OP 4.12 (6a).

WB OP 4.12 (6a) requires any resettlement plan to include measures to ensure that displaced persons are consulted on, offered choices and provided with technically and economically feasible resettlement alternatives.

Land Requirement for Resettlement

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Resettlement usually affects men, women and vulnerable groups differently in terms of needs and opportunities for access to land, resources, employment and markets. Resettlement involving physical relocation of people affected by the project will be done with critical consideration of following components.

Criteria for selecting candidate resettlement sites

Relative suitability of candidate sites

Steps necessary to finalize selection of candidate sites

Characterization of resettlement plots

The candidate resettlement sites which include: Kanaani, Lukaaya, Kyalusowe and Bajja A, these sites were sought in areas that offered the closest possible proximity to the existing villages, while still placing relocated residents outside the sphere of project impacts. Preliminary reconnaissance of the sites was done. The initial valuation indicates the sites are suitable for resettlement purposes but in-depth analysis of water availability, topography and cultural acceptability are currently taking place. Final selection of resettlement sites of Kanaani, Lukaaya, Kyalusowe and Bajja A was guided by;

Presentation to communities of the pre-identified resettlement sites and discussion of their acceptability

Further discussion with Resettlement Committees

Selection of best site

Visit to selected sites with the Resettlement Committees

Validation of choice in general meetings with PAPs

Securing land on resettlement sites

Resettlement Scheduling Resettlement implementation needs to be orderly and for this reason, a resettlement office/team is recommended. This office/team should contain at least a female member to take care of issues to do with female PAPs. Construction of new houses and relocation of people should be completed within the preparatory stage of construction and before the beginning of relevant engineering works. Affected houses should not be demolished until the beginning of the construction. At that stage all new houses will have been built. Thus, resettlement and relocation needs to be scheduled well

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ahead of the 6 months notice period from the cutoff date. Land evacuation should be before the beginning of construction works. Since the PAPs are to evacuate the land at the latest 6 months after compensation, UETCL should provide replacement agricultural land 6 months before evacuation so that evacuees can adequately prepare for the new agricultural season.

Costs and Budget

An estimate of the replacement costs of the structures to be demolished along the power lines construction and from the power sub-stations in Kawanda and Kyabakuza in Masaka has been carried out by a licensed Valuer appointed by UETCL for the exercise. The compensation budget for the project affected persons so far computed amounts to UG Shillings 30,232,095,086.20.

Organizational Responsibility and Implementation Plan

The RAP anticipates that the project implementation schedule will consist of three phases namely preparation, implementation and post implementation. It mainly will include works such as clearing of the access roads, areas for materials and construction workers’ camps. The resettlement schedule for land acquisition, house demolishment and relocation will be coordinated with UETCL. The implementation of the RAP will be undertaken by an external agency that will report to UETCL requiring collaboration from all the stakeholders. This requires a properly constituted structure for the administration of the same.

The RAP Implementation schedule and key activities anticipated prior to, during and after are outlined in the following table:

RAP Implementation Schedule and Key Activities

Activities Period Investigations on the prevailing Socio-Economic and First 8 Months Environmental conditions, undertaking a detailed RAP, drawing resettlement schedules and finalization of Investment costs. Constituting and operationalization of all Resettlement 5 Months agencies including training of staff Awareness Campaigns Continuous Identification and agreement with PAPs, construction of 7-9 Months access roads to materials sites and workers camp Construction of the transmission line Months 18 onwards Post-construction period e.g. monitoring of PAPs progress and Within the lifespan of the project functioning of the facilities

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A RAP unit will be set up in UETCL including Legal Advisor, Surveyor, Transmission line Engineer, Social-economist, Transmission line RoW and Way leaves Officer, an Environment Officer, Community Liaison Officer, Grievance Officer, Database Officer, and Registered Valuer.

Public Consultation and Disclosure

The World Bank and GoU guidelines require the people likely to be affected by a development project to be consulted so that their views and fears are incorporated in planning. Community perspectives are important for project planning and implementation. Knowledge of what the community perceives will go a long way to help during the compensation and resettlement action plan. Therefore, during the RAP process, consultations need to be conducted with relevant stakeholders, including potential beneficiaries, affected groups, Civil Society Organizations (CSOs) and local authorities about the project’s environment and social aspects and their views considered.

To meet this requirement, the RAP team held public consultations in areas that were considered hot spots (areas with high settlements and heavy encroachments) along the existing power line.

Regarding Compensation and Grievance redress, the RAP team highlighted to the community the available compensation packages and the issues pertaining to each. The land for land compensation and the cash for land options were discussed. The option of paying land for land was discussed with the community and it was found out that it is associated with looking for land, negotiating for a price with willing sellers, before it can be transferred to the affected persons. However the decisions to take land for land were made on individual basis and most of the PAPs preferred cash compensation. The project affected people also agreed that a third party will review the disputes that the parties will encounter during the actual compensation process.

Another issue of contention is the timing of compensation . Communities expressed concern with the way compensation is handled in Uganda. The community members were further informed that during the compensation exercise, agreements will be signed between the two parties to ensure smooth and transparent compensation process. They were however concerned about the absentee landlords and some family members who may not be available during the compensation period. The team informed them that all efforts will taken to ensure that the right full owners or family members are contacted before the compensation is finalized. They were also informed that the whole process takes some time to be complete so they were advised to inform their landlords and relatives about the proposed developments early enough. Emphasis was also put on the need for the PAPs to open Bank accounts and provide their photographs.

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Community members, local leaders and district technocrats expressed concerns about what would be done to people who may be affected more by the project. From the discussions, the potentially vulnerable in the project area include the elderly, widows/widowers, single mothers, disabled persons, and child headed families. At least 167 vulnerable people were identified during the RAP and details are in Annex 4. The concern of this group of PAPs is getting in-kind compensation since they may not have the energy to establish new homes by themselves.

The communities were requested to identify cultural and community properties (such as cultural sites and graves) in or near the transmission line corridor that could be affected by the project. From the meetings it emerged that some graves are located within the transmission line corridor. Some of the graves are cemented therefore are easily visible wherever they are located. Other properties may be cultural sites used for cultural ceremonies and traditional healing although these were not identified during the RAP. The communities were informed that no towers will be in the graves site areas and individual households will make decisions on whether to relocate them or not since they are below the vertical clearance height of 7.5 meters.

The RAP team outlined to the community the procedures on how they will participate and get involved in the proposed project. They were informed that at each stage of the project, the community would be informed through their Local Council leaders. They were further informed that in the detailed RAP to be carried out and that there would be more consultations, identification and valuation of property.

The communities proposed that when the project starts, they should be given the first opportunity and priority to work as semi skilled or non skilled laborers. Local Council (LC) officials in the project area also emphasized the need for the Contractor to recruit unskilled labor from the communities along the transmission line routing. Communities expressed concern that project implementers import even unskilled labor, which the locals could provide).

Members of the communities expressed uncertainty whether they should stop making developments in their land since the project is taking the land. Members were informed that during the RAP implementation, all identified affected property will be counted in their presence and valuations disclosed to the affected households. After agreeing on this information with a number to a property, PAPs will be given a letter of notification indicating that any development after that date will not be considered for compensation. The date a person gets the notification will be the cut-off date and for this RAP the cut – off-dates are 18th February 2008 for the original line route and 30 th October 2010 for the diversion. However, the developer will take the necessary care to ensure that the

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names of persons omitted during the field survey are included and undervalued assets are re-valued accordingly.

Community members expressed fear of their property being taken against their terms. Members were informed that whatever payment they get will be determined according to the provisions of the law. If they are not happy with the payments, they can raise the matter with the project developer, which in this case is UETCL. Where they fail to reach mutual agreement with UETCL, they can go to the village grievance committee specifically set up to handle differences of opinion. To ensure transparency, the village committee will comprise of representatives of the project affected persons, Local Council officials of the village, and opinion leaders in the village. It was recommended that a local NGO/CBO would be incorporated as an independent third party, to advise the developer on the best ways to resolve the compensation grievances. The third party is essential in conflict resolution because both sides of the conflict may not respect the decisions taken by the developer or grievances from the persons affected by the project.

In case disagreements cannot be resolved at the village committee level, the aggrieved party can resort to the existing legal redress mechanism of Land Tribunal (for matters involving land) or a competent court of law. Uganda courts of law will be used as a last resort. Emphasis was put on resolving conflicts amicably since the project is for the common good of the people of Uganda. The district leadership was requested to identify legitimate non government organization that will be invited to take up that task of independent third party.

The community discussions and stakeholder interviews showed that the community along the transmission line corridor will support the project if the compensation exercise is implemented in a professional and fair manner. The community and the key stakeholders have expressed support for the project since they see it as a way of enhancing electricity reliability in the region in order to promote development as well as employment creation for themselves or their children during construction after because reliable electricity will attract investors.

Notwithstanding the anticipated benefits, the project will lead to negative social and economic impacts. It is recommended that the developer implements all the mitigation measures suggested in the RAP report. To ensure that the project is managed effectively and efficiently, UETCL should make the necessary budgetary provisions to ensure that mitigation commitments in the RAP as well as in the RAP and monitoring programs stated herein are effectively implemented.

Grievance Redress

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The grievance redress procedure aims at settling/redressing any grievance or complaint by the PAPs as promptly and fairly in a manner acceptable to all parties concerned. Grievances are useful indicators of a project performance therefore have to be treated with the due care they deserve. A high number of grievances may be an indicator of poor work practices. Likewise, a low number of grievances may not necessarily mean everything is working out smoothly.

This team has proposed a three-stage grievances redress mechanism consisting of Village Grievance Committees, Land Tribunals and Courts of Law to resolve disputes and complaints arising from the implementation of the project. To implement this 3-stage mechanism, a Resettlement Unit and Village Grievance Committees should be set up to coordinate the implementation of the RAP. The resettlement unit shall be responsible for the formation of village grievance committees where most of the complaints are handled. The resettlement unit shall be comprised of five officers and headed by a Resettlement Coordinator. At least two members of the unit should be women to take care of issues specific to women PAPs. The persons recruited to this unit must be technical in the field of RAP implementation. This unit shall be answerable to the Projects Manager at UETCL.

Independent Monitor for Grievance Redress The main purpose of the independent monitoring is to assess the effectiveness of preventive and mitigation measures taken for the social impacts that might arise during the construction, implementation of resettlement. Independent monitoring will cover all the resettlement process (including expropriation, resettlement and grievance redress) and will be done by an independent third party, comprising of experts from an NGO, a consultant or an academic institution, will carry out external monitoring.

For effective implementation of the RAP, independent monitoring of the grievance redress mechanism will be conducted twice a year. The first monitoring activity will be conducted in the scope of general independent external monitoring for the resettlement process, while the second monitoring will only cover the grievance and redress monitoring for the grievance process and solutions related to the grievances. The determination of the expropriation values is the main cause of grievances during the expropriation process, so monitoring of provision of expropriation compensations at replacement values will be carried out by independent third parties in the scope of external monitoring as well. Monitoring and Evaluation Framework Monitoring and evaluation of construction, expropriation, resettlement activities and socio-economic status after resettlement will be carried out for at least 5 years; 3 years RAP implementation and 2

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years after completion of resettlement. Monitoring and evaluation of the implementation of the RAP will be undertaken by an external agency that will report to UETCL Monitoring and evaluation studies shall be done in three ways; Performance (Internal) Monitoring Impact (External) Monitoring Completion of Implementation Report For internal monitoring, UETCL shall take full responsibility for conducting regular internal monitoring of the land acquisition, resettlement and compensation process. External monitoring will be undertaken by an independent body appointed by Ministry of Energy and Mineral Development (MEMD) in collaboration with authorities in the districts through which the line passes shall participate. Performance monitoring will be carried out by UETCL to evaluate its own efficiency as well as that of other institutions involved in the resettlement process. During the implementation of the resettlement plan, internal monitoring should be done at regular intervals, for example every 4 weeks. Post resettlement monitoring should also be undertaken frequently, say every three months. Performance monitoring will focus on measuring progress against the schedule of actions defined in the RAP. In performance monitoring, status of the activities, funds appropriated for these activities, related payments and timing of activities are important considerations. Suggested indicators are found in section 11.

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1 INTRODUCTION

1.1 Project Background

The Uganda Electricity Transmission Company Limited (UETCL) proposes to construct 134 Km of a 220 kV transmission line from Kawanda to Masaka to evacuate power from Bujagali and other proposed hydropower stations on the Nile to central Uganda as well as serve as a high voltage backbone to the proposed regional interconnection network between Uganda, Tanzania, Rwanda, and DR Congo. The project will be financed by the IDA under the Electricity Sector Development Project (ESDP). The proposed transmission line will transmit power from Kawanda 220/132/33kV substation to Masaka West substation from which the load centers of Masaka, Mbarara shall be supplied with power.

Overall, the proposed construction of the transmission lines will be associated with:

• Consultancy Services for Detailed Line Route Survey, Line Profiling, Geological Survey, Tower Spotting, Designs and Supervision of Works during construction. • Construction of a new 220kV double circuit steel tower transmission line (135km) from the proposed new 220/132 Kawanda substation (to be operated initially at 132kV) to the new Masaka west 220kV substation. • Extension and construction of Masaka West 220kV Substation • Construction of 2X 220kV feeder line bays at the new Kawanda Substation ( to be initially operated at 132kV) • Construction of 2X220 kV feeder line bays Masaka West Substation ( to be initially operated at 132kV) • Installation of 2X125MVA, 220/132/33kV Auto transformers at the existing Masaka West 220/132kV Substation. • Two 220kV and two 132kV transformer bays • Clearing of right-of-way as necessary • Construction of access roads as necessary • Construction of workers camps and storage facilities for the project materials

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support activities include among others street lighting and lighting of markets. A separate resettlement policy framework has been prepared and disclosed to cater for land needs in the program if and when they arise.

1.2 Project Objectives

The overall development objective of the main proposed project and its associated community development program is to improve the availability and reliability of electricity supply in the central and southwest regions of Uganda. The specific project objectives include:

1.3 Project Description

The Project is 137 Km of a 220kV power line running from the existing Kawanda substation, 10 miles North of Kampala, to Masaka West substation. This line will transmit power generated from Bujagali and Karuma Hydro power Projects to the load centers of Masaka, areas of Western Uganda, Northern Tanzania and Rwanda in line with the East African Power Master Plan. It is aimed at reinforcing the capacity of Western transmission line to cater for the increasing demand of electricity in the districts of Wakiso, Mpigi & Masaka as well as provide backbone transmission of electricity within the East African region. The Government of Uganda has recently requested World Bank (IDA) to finance the project under the Energy Sector Development Project. The old feasibility, RAP, and RAP documents were handed over to the IDA for review. The Bank reviewed the documents and provided comments to guide the update of the documents to meet the IDA requirements.

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In the recent past IDA recommended that the 34 km Kawanda-Mpigi section of the transmission line corridor should be redesigned to traverse areas that are less encumbered by settlements. UETCL considered and implemented the recommendation and this helped greatly reduce on the number of project affected persons and the assets to be lost.

Initially, UETCL contracted African Technologies Limited (AFRITECH) to develop A Resettlement Action Plan (RAP) for the people likely to be affected by the proposed line. The RAP was to identify Project Affected Persons (PAPs) and their property, assess the property for compensation, cases for resettlement, and develop guidelines for RAP implementation and monitoring arrangements. Although this had been completed in 2008, implementation was not undertaken. Therefore it was very important that an update of the studies and the plan be carried out. It was therefore on this basis that UETCL contracted SMEC International to review and update the RAP of the entire proposed 137km 220kV transmission line and incorporate data from the 34km diversion.

1.4 Objective of the Resettlement Review and Update

I. Update and outline the current cost for land requirements for the works, including compensation for crops, buildings and other developments within the area of direct influence, II. Review and update any resettlement requirements for cases involving physical displacement and/or areas that need to be avoided due to congestion of human settlements or other sensitivities.

1.5 Scope Of Work

The Preparation of the review and update the RAP was aimed at ensuring that the losses to be incurred by PAPs are addressed in order for them to share project benefits. The review team mainly concentrated on the PAPs from the diversion of 34Km and those that was proposed by IDA with the aim of minimizing the project impact on structures and community infrastructure as earlier observed in the previous RAP undertaken by African Technologies Ltd (AFRITEC) in 2008. Therefore this report has utilized both the census data from the previous report by AFRITEC and included fresh data from the diversions and PAPs that were not included in the original report. In developing the RAP, the consultant has taken into consideration peculiarities of needs for women, children and the vulnerable groups.

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1.6 Guiding Principles

UETCL, the principle implementing agency has been guided by a number of principles that ensure this RAP compliance with international best practice as regards resettlement. Hence the company shall bind itself to the following guiding principles:

Principle 1: Resettlement must be Avoided or Minimized

Action: To comply with the principle, UETCL has shown that the line routes have been designed to cause the least possible displacement and/or disruption hence the 34Km diversion is in order to avoid the heavily settled in areas of Nansana and Bulenga.

Principle 2: Genuine Consultation must take place

Action: Given its focus on resettlement, the primary concern is to uphold the rights and interests of the PAPs. For this to take place, mechanisms have been put in place to ensure that their voices are heard and such include the formation of local level consultative forum. These structures have been coordinated at the community level by the UETCL personnel and several consulting teams that have been contracted to update and review the RAP.

Principle 3: Establishment of a Pre-resettlement Baseline Data

Action: To support the successful re-establishment of affected property, the following activities have been undertaken prior to displacement.

• An inventory of landholdings and immovable/non-retrievable improvements (buildings and structures) to determine fair and reasonable levels of compensation or mitigation. • A census detailing household composition and demography, and other relevant socio- economic characteristics.

The asset inventories were used to determine and negotiate entitlements, while the census information is required to monitor homestead reestablishment. The information obtained from the inventories and census was entered into a database to facilitate resettlement planning, implementation and monitoring.

Principle 4: Assistance in Relocation must be made available

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Action: UETCL will guarantee the provision of any necessary compensation for the people whose land will be disturbed to make way for the transmission line or any other disturbances of productive land associated with the project in proportion to their loss.

Principle 5: A fair and Equitable set of Compensation

Action: considering that this process has been highly consultative, the PAPs have discussed with staff on the field the different compensation options that are available and the framework that has been used in this RAP concludes that compensation will be paid for structures, land and trees that are affected according to set rates derived from current market value comparables.

Principle 6: Resettlement must take place as a development that ensures that PAPs benefit

Action: Where practical the employment and sub-contracting opportunities that arise from the project will be made available to the affected population.

Principle 7: Vulnerable social groups must be specifically catered for

Action: Members of vulnerable groups are often not able to make their voice heard effectively; an account will be taken of this in the consultation and planning processes, as well as in establishing grievance procedures. They are often physically weaker, and may need special help in the relocation/disturbance phase. In particular, female-headed households may lose out to more powerful households when assets will be demolished to make way for the transmission line. This will entail UETCL ensuring that the pre- resettlement database specifically identifies vulnerable social groups and makes provision for them to be included in consultative forum. UETCL must further ensure that they are given the necessary protection to ensure that they receive equitable access to replacement resources. In addition, UETCL will make specific reference to vulnerable social groups being paid particular attention in the monitoring process. Vulnerable groups will include those with minimal assets, the illiterate, and the aged (those PAPs of more than 60 years).

Principle 8: Resettlement must be seen as an upfront project cost

Action: Experience across the world shows that unless resettlement is built in as an upfront project cost, it tends to be under budgeted, that money gets whittled away from the resettlement budget to ‘more pressing’ project needs, and that it tends to be seen as

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peripheral to the overall project. UETCL will ensure that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are built into the overall project budget as up-front costs.

Principle 9: An independent monitoring and grievance procedure must be in place

Action: In addition to internal monitoring that will be provided by UETCL an independent team comprising local administration and the locals will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organized in such a way that they are accessible to all affected parties; with particular concern for the situation of the vulnerable groups. Monitoring will specifically take place via measurement against the pre-resettlement database.

Principle 10: World Bank’s safeguard Policy on involuntary resettlement

Action: T he World Bank’s safeguard policy 4.12 on involuntary resettlement will be adhered to. It requires that involuntary resettlement be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. They should also be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is higher. UETCL shall adhere to their standards.

1.7 Approach and Methodology

This document outlines the key aspects of the project and the plan to compensate and resettle people, entities and households affected by the proposed project as it was documented in 2008 and further highlights the changes that have taken place leading to the decision to update the Plan. The plan further presents the current scenario based on the recently optimised route and as well outlines the current plans to properly compensate and resettle the affected households/persons/entities in line with the national laws as well as the financier’s policies.

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In order to minimize resettlement as much as possible, the verification team from UETCL proposed the diversion route and identified the gaps in the previous RAP. It is therefore on this basis that UETCL contracted SMEC International to update and review the RAP report earlier on prepared by AFRITEC U LTD. The review team from SMEC International used the following methods to accomplish the work.

1.7.1 Socio-Economic Survey and Consultations

The Consultant applied a variety of methodologies to ensure that impact and compensation assessments are based on current and verifiable socio-economic and demographic information. Brief descriptions of the methodologies applied by the consultant are:

1. Rapid Techniques: Being used to identify the PAPS along the proposed line, intensity of impact, and sites of cultural significance.

2. Socio-Economic Survey: comprising detailed census/inventories with affected households as well as formal and semi-formal discussions with sample focus groups. The consultant also developed a comprehensive questionnaire for data collection.

The questionnaire captured the following information: (appendix 8) a. Household Bio data (Demographic information) b. Livelihoods c. Infrastructure inventories including land, common properties and social services infrastructure

3. Public Consultation: was undertaken as part of participatory approach at the following places: Nakyesanja, Kawanda, Nkokonjeru, Bukasa A, Bukasa Bunyiga, Kigoma, Kawoko, Bukasa Bukulu, Serugoye, Senge, Kayunga, Gombe, Buyala Nazili, Kawomya, Katooma, Nsunjumpolwe, Namutuya, Galatiya, Kagaba, Mabuye, Kiwamirembe, Lubanda, Nabusanke, Kyambizi and Kavule in the 34km diversion. Update on previous date was done in: Bukooza, Jandira, Mbizinya, Kanaani Bongole, Kabuye Ntayi, Nabuzi, Bwamulamira, Kiswa A, Bubule villages and Buwama B with the Clan representative of the Kkobe clan whose ancestral ground is in the ROW of the line.

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Left: Consultative meeting with Ngonge Clan members whose cemetery is in the ROW. Right: Details of the Vulnerable PAPs (Aged) at Mbizinya being taken by UETCL staff.

Key issues that have emerged through the above processes include: • Employment – community desire and demand for a high level of employment, coupled with fear that the limited local skills base will result in exclusion. • Compensation - adequacy of the cash compensation. • Resettlement – impacts and compensation measures for economic and physical displacement. • Livelihoods – loss of access to water points, schools, crop land and pasture. • Rural electrification – the community desire electricity as form of benefit to the project.

In addition to the community meetings, the Consultant distributed brochures in both English and Luganda to chairpersons/PAPs of the various villages through which the transmission line passes. The brochures outlined the project background information, project activities, and teams for assignment, compensation and responsibilities of the PAPs. (Appendix 1)

Other methods used in the review work included; desk review, focus group discussion, key informant interviews with several stakeholders, photography and field observations.

1.7.2 The Land Survey

As per planning scheme of the transmission line, land survey is carried out by the surveyor to ascertain the level of encroachment and determination of the t-line right of way and way leaves. Marking and numbering of all structures within the RoW (yellow colour) and way leaves (white colour) is done. The surveyor together with the valuer undertook the inspection/referencing of all affected properties to collect basic data for compensation

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assessment. In addition, the affected property owners were requested to furnish the consultant with any relevant documents relating to their interest in the properties. 1.7.3 Census and Valuation Methodology

In the presence of the LC I Chairperson or representative, the Valuer carefully counted all crops and trees, measured buildings/structures while the owner/affected person verified the count. A “Compensation Assessment Form” was filled to record properties affected. The LC I Chairperson, property owner and Valuer verified the contents and signed the form. The Chairperson signed as witness to the count. The affected person retained a copy and the Valuer kept the original. Calculation to determine the amount for compensation for crops, trees, and structures was done using the approved district compensation rates for the districts through which the line passes . The rates for Kampala District were used for this project firstly because Mpigi and Masaka did not have District rates. Secondly these rates are generally higher affording PAPs a ‘fair’ compensation. 1.7.4 Basis of Valuation

The appraisal exercise was based on the Open Market Value which is defined as the best price at which the sale of an interest in a property might reasonably be expected to have been completed unconditionally for cash consideration on the valuation, which was done in 2008. These values will be reviewed by the Chief Government Valuer before payment. A willing seller and a willing purchaser capable of purchasing a particular property in a predetermined location or condition at a particular point of time were agreed upon;

That prior to the date of valuation there had been a reasonable period (having regard to the nature of the property and the state of the market) for the agreement of price and for completion of terms; • That the values will remain static during that period; • That the property will be freely exposed to the open market; and • That no account will be taken of any higher price that might be paid by a purchaser with special interest. The open market value of the property is arrived at by the under listed methods based on the purpose of valuation, the availability of basic data for the valuation.

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1.7.5 Method of Valuation

In appraising properties affected by the road project, a combination of the replacement Cost and the Direct Capital Comparative Methods were used in arriving at the open market capital value of the building and land respectively. The two methods have been briefly described below.

1.7.5.1 Replacement Cost Method The Replacement Cost method, which is used in estimating the value of the building/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of property as if new.

1.7.5.2 Direct Comparative Method The value of bare land is determined by the comparison of market evidence of recent sale of plots in the vicinity or similar neighborhood. Comparable date are collected and analyzed to determine the unit rate per acre taking into consideration, statutory use, alternative use and size of plot, nature and the terms of interest. Proximity of the land to utility services, peculiar advantages of location, the trends of redevelopment and construction are put into consideration. The appropriate adjustments are made to reflect the differences between the comparable data and the subject land (affected land) and the appropriate rate adopted for the assessment of the current open market value of the subject land (affected land).

1.7.5.3 Disturbance and Other Incidental Contingencies The project has impacted on the entire/part of properties to make room for the transmission line route. Depending on the extent to which a property is affected, the occupant will have to resettle elsewhere, construct another building on the remaining portion of land or look for alternative accommodation. The affected persons require the services of professionals which they pay for. Based upon the level of inconvenience these are quantified and expressed as percentage of the total reinstatement cost of the property. The summation of the above estimated values of the building/structure, land and the disturbances, gives the adequate and fair amount of compensation payable to the affected person.

1.7.6 Methods of Restitution

Owners of permanent structures whose properties are affected by the project are protected by law and would receive adequate compensation for their properties. The State Lands Act gives them adequate legal coverage, which guarantees them compensation, which must be based on

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mutual agreement. If the property owner is not satisfied with the Government offer he/she has the option of employing a private valuer of his/her choice to reassess the property and submit same to the CGV for consideration and final determination of the value of the property. The determined figure by the CGV is then communicated to UETCL for payment to the beneficiaries. In situations where the beneficiary is still not satisfied with the amount of compensation payable to him, he is at liberty to seek redress at the courts. However, the property cannot be demolished until the issue is resolved. Temporary structures that need to relocate will be paid a supplemental assistance that will enable them move their structure, reconnect power if they need it, pay their District License fee and have some income while their business gets back on its feet.

1.8 Report Details

The document is structured in two volumes; Volume 1: (Main Report) and Volume 2 including a survey and valuation report. Volume 1 is a presentation of the he updated 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 and is comparative in nature as it attempts to present the 2008 and current scenario Volume 2 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 but summarily presents a comparative table to highlight the scenario of 2008 and the current one for 2010.

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2 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

This Chapter provides analysis of the policy, legal and institutional framework within which the proposed 220kV Kawanda-Masaka 137km line is expected to operate. The main issue in land acquisition, resettlement implementation and management is presence of an appropriate legal, policy & institutional framework to cater for (i) land acquisition, (ii) compensation, (iii) relocation, (iv) income restoration and (v) livelihoods restoration programs. This report summarizes the relevant policy, legal, institutional and administrative frameworks required during the implementation of the project.

2.1 Policy Framework

Government and donor policies are crucial in successful implementation of projects that lead to property acquisition, destruction and displacement of people. For this project, policies outlined below are relevant to the proposed project. 2.1.1 Government Policies

The Government of Uganda (GoU) has no specific policy on resettlement and compensation but recognizes the right of persons to own property and be compensated for loss of property. The right to own property and be compensated for loss is derived from various sections of the 1995 Constitution, Local Government Act 1997 and Land Act 1998. Furthermore, the GoU recognizes the World Bank Operation Safeguard Policy OP 4.12 (2001) on involuntary resettlement.

Several efforts have been made towards formulation of resettlement and compensation policy. The Office of the Prime Minister carried out a study in 1995 entitled “Resettlement Policy and Institutional Capacity for resettlement planning in Uganda” this study reviewed resettlement experience and resettlement activities in the country, Institutional capacities and legal framework. The study made recommendation for a national policy, the key elements of which are:

• Avoid and minimize resettlement to the extent possible

• Resettlement and rehabilitation plans to be conceived and executed as specific development programs;

• Resettlement and rehabilitation should improve the living standards of people displaced;

• Prompt compensation for losses at replacement cost and allowance for disturbance; cost of rehabilitation to be provided;

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• Absence of legal title should not be grounds for denying any group compensation and rehabilitation;

• Resettlement plans to be submitted for independent review for each project with a resettlement component beyond 30 affected households or 30 properties;

• An independent Commissioner of Resettlement Plan Review to ensure resettlement and rehabilitation is well planned and that plans are followed;

• Affected persons to have effective access to grievance procedures;

• Vulnerable groups to be identified and their special circumstances to be taken into account;

• In rural areas replacement of land for land should be the preferred option; in urban areas cash compensation to be an option; and

• In development and conservation projects there should be no forced eviction without alternatives.

Other issues in the guidelines include:

• Distances between location of origin and destination should be minimized where possible;

• Communities should be relocated as communities;

• Communities should be provided with infrastructure and services;

• Host communities should benefit from the introduction of resettlers;

• Active participation to be arranged for people resettled and host in the planning process;

• All resettlement costs to be identified and included in the project cost;

• All funding sources to be identified;

• Environmental effects of resettlement schemes to be identified;

• All land based resettlement proposals to be examined for feasibility;

• All cash based resettlement proposals to be examined for adequacy;

• Resettlement planning to take place within the context of national and district plans and procedures;

• Implementation schedules to be prepared for individual components of resettlement and rehabilitation plan;

• Resettlement plans to include provision for monitoring and evaluation of implementation;

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• Existing conditions at place of origin of destination to be fully surveyed and identified, including population census;

• Eligibility criteria should be established for all classes of affected persons;

• Multi-disciplinary approach to be applied to resettlement planning;

• Counseling of the affected population to be commended during the planning phase.

The draft policy is in the process of being passed into a policy document.

2.1.2 The World Bank Safeguard Policies

The World Bank funds most development projects in developing countries, Uganda inclusive. Most development partners require either the World Bank (WB) or African Development Bank (AfDB) guidelines as a basis for funding development projects. Therefore, the 137Km 220kV Kawanda-Masaka power line addresses the WB policies on Involuntary Resettlement. The following World Bank safeguard policies and procedures are relevant to the 220kV Kawanda- Masaka power line.

2.1.3 World Bank Safeguard Policies

OP4.12 Involuntary Resettlement is the safeguard policy that provides basis on which the World Bank screens proposed projects to determine the appropriate extent and type of RAP to be prepared and implemented.

O.P. 4.12 Involuntary Resettlement This project triggers this policy due to land take and land use change impacts. OP 4.12 is triggered because the construction of the T-line implies acquisition of land and therefore the PAPs will lose both social and economic assets. The Policy describes the details and elements that a resettlement plan should include. These include objectives, potential impacts, socio economic studies, legal and institutional framework, eligibility, valuation and compensation of losses, resettlement measures, relocation planning, community participation, and grievance redress procedures, implementation schedule, costs and budgets, and monitoring and evaluation. This report conforms to the WB policy requirement on contents and structure. Elaborated below are sections relevant to the 220kV Kawanda-Masaka power line.

WB OP 4.12.(6a) requires institution of measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices and provided with

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technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs. The main objective is to ensure livelihood restoration to pre-project level or at most improvement of the same. This RAP report outlines the processes that have been followed to ensure PAPs are adequately compensated and resettled.

WB OP 4.12 (8) requires that particular attention be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children and indigenous peoples and ethnic minorities. Special attention has been given to the vulnerable group by the client who has specifically assigned an officer to deal with issues concerning them by identifying and counseling through home visits.

WB.OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. Already sites for resettlement in Kanaani, Lukaya, Kyelusowe and Bajja A in Masaka district have been identified and the necessary studies are taking place.

WB OP 4.12 (12a) states that payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. Otherwise land replacement is the best and appropriate option.

WB OP 4.12 Para (6 b & c) state that in case of physical relocation, displaced persons are provided with;

assistance (such as moving allowances) during relocation; and

residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantage, and other factors are equivalent to the advantages of the old site

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

Development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities.

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This report has recommended that the above measures be followed in the implementation of the project.

WB OP 4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising. The client is in the process of setting up village committees who will handle grievances. The WB OP 4.12 Para 15 (a, b, & c) categorizes those eligible for resettlement in three groups, namely;

those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country)

those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets, provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan

those who have no recognizable legal right or claim to the land they are occupying

WB OP 4.12 Para 16 states that persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. These provisions will be relevant in mitigating adverse socio-economic impacts including the taking of land and the assets on it, associated with 220kV Kawanda-Masaka power line project.

2.2 The Ugandan Legal Frame Work

There are a number of legislative and regulatory instruments in Uganda that address land acquisition and settlement both general and specific terms. Among these is the 1995 Constitution of the Republic of Uganda and a number of Acts. The Acts and Regulations of particular relevance to the proposed 220kV Kawanda-Masaka power line are; The constitution of the Republic of Uganda, 1995 The Land Act, 1998 The Electricity Act, 1999 The Historical and Monuments Act, 1967 The Water Act, Cap 152 The Road Act 1965 (defines the right of way) Other regulations that deem consideration, depending on the particular project and project location include;

Worker’s Compensation Act

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2.2.1 The Constitution of the Republic of Uganda, 1995

The 1995 Constitution provides for:

matters pertaining to management of land, natural resources and the environment, and the sustainable development thereof (Objective XXVII), including energy resources; The right of every Ugandan to fair and adequate compensation in instances of the compulsory acquisition of land.

2.2.2 The Electricity Act, Cap 145

The Electricity Act 1999 established the Electricity Regulatory Authority (ERA), as a statutory body mandated to regulate all aspects of the electricity industry in Uganda. Section 10 of the Electricity Act, 1999, clearly defines ERA’s mandate as regulator and comprises 19 specific functions.

Furthermore, Section 68 of the Electricity Act, 1999 outlines procedures and conduct of licensee during placement and maintenance of any electricity supply lines in, over or upon any land. Subsection (3) requires the licensee to make as little damage as possible to land and to the environment and should ensure prompt payment of fair and adequate compensation to all interested persons for any damage or loss sustained by the placement and maintenance of any electricity supply lines in, over or upon any land. The Electricity Act, 1999 gives adequate guidelines for the conduct of a licensee and recognizes the need to make good any damage and notice to those who may be affected by the project activities. The RAP adequately covers these provisions.

2.2.3 The Land Act Cap 227

The Land Act, Cap 227 provides that the Government or the local government shall hold land in trust for the people and protect natural lakes, ground water, natural streams, wetlands and any other land reserved for ecological purposes for the common good of the citizens of Uganda.

A local government may, upon request to the government, be allowed, to hold land in trust for the people and the common good of the citizens of Uganda. Section 40 (1) points out issues to be addressed during acquisition of land. It spells out that, no person shall:

sell, exchange, transfer, pledge, mortgage or lease any land;

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enter into any contract for the sale, exchange, transfer, pledging, mortgage or lease of any land; and give away any land, or enter into any other transaction in respect

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;

land on which a 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;

land on which a person ordinarily resides with his or the children below the age of the majority, except with the prior written consent of the Committee; and

Land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with the prior written consent of the Committee.

Sections 43, 44 and 45(1) and (2) of the Land Act (1998), provides that national or local government may acquire land in accordance with the provisions of Article 26 and clause (2) of Article 237 of the Constitution of the Republic of Uganda.

Enforcement of the Land Act guidelines is through the Land Regulations (2001). The Regulations give details on matters such as application for Certification of Occupancy, converting leasehold into freehold system, formation of Community Land Associations, procedures for paying annual ground rent.

The relevant provisions of this act are very crucial under the proposed 220kV Kawanda-Masaka power line because, several individuals are likely to be displaced and/or inconvenienced during the construction and operation of the project. Furthermore, amongst these communities are women and children whose rights to family land have to be protected. The mitigation measures in the EMP adequately cover possible impacts.

2.2.4 The Roads Act 1965

The 1965 Roads Act defines the Right of Way for a road as the area of no more than 50 feet from the center line of the road. This area is declared as the road reserve. The Act also states that no person may build any structure, or plant any tree, plant or crop in the road reserve. The road authorities are allowed to take materials and/or dig within the road for the construction and maintenance of the road.

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2.2.5 The Historical and Monument Act, 1967

The existing law relating to archaeological sites in Uganda is the Historical and Monuments Act, 1967, which the Commissioner for Antiquities and Museums has currently placed under review. The Act provides for the preservation and protection of historical monuments and objects of archaeological, paleontological, ethnographical, and traditional interest. Under this Act, the minister responsible may cause any of the aforesaid objects to be declared as preserved objects.

The Act prohibits any person from carrying out activities on or in relation to any object declared to be preserved or protected. Section 10 of this Act spells out the procedures and requirement to declare and inspect newly discovered sites that may have archaeological, paleontological, ethnographical, historical and traditional significance for purposes of protection.

Whereas there were no sites of archaeological, paleontological, ethnographical, historical and traditional significance identified in the power line corridor, chance findings may be encountered. Moreover, along the proposed route corridor there exist graves, which are revered traditional sites. The developer is urged to exercise due diligence where historical property is discovered in any way during construction of the 220kV Kawanda-Masaka power line and other related activities

2.2.6 Employment Act 2006 and Other Related Acts

The Employment Act 2006 shall be the governing legal statutory instrument for the recruitment, contracting, deployment, remuneration, management and compensation of workers. The premise of Employment Act 2006 is the provisions of Article 40 of The Constitution of Uganda. The Act mandates Labor Officers to inspect regularly the working conditions of workers to ascertain that the rights of workers and basic provisions are provided and workers’ welfare is attended to. The Act also provides for the freedom of association of workers permitting workers to join labor organizations. This provision is also supported by the Labour Unions Act 7, 2006, which provides elaborate guideline and regulation for membership.

Other laws related to workers’ safety, social security and protection worth noting include:

the Labour disputes (Arbitration and settlement) Act, 2006

the Workers’ Compensation Act, Cap 225

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the National Social Security Act Cap 222, and

The Labour Unions’ Act, 2005.

2.3 Gap Analysis

Under the Ugandan laws the affected persons are monetarily compensated, and that the affected persons are only eligible for compensation if they have legally recognized rights to the subject land, but the World Bank requires that all affected persons should be compensated, regardless of their occupancy status. WB policy provides for alternative land where compensation on land for land basis, compensation in kind and goes beyond monetary compensation by specifying that income must be restored at full replacement cost. In addition, both annual and perennial crops must be compensated for in cash at an established rate, or annual crops may be given time to mature and be harvested.

Table 1 below gives a comparison of relevant Ugandan policies and regulations with those of The World Bank and how the gaps have been addressed in this RAP. Since these requirements stipulate adoption of the more beneficial measures for the PAPs, strategies that the developer (UETCL) will use to make the project meet these needs have been included.

The World Bank Group requirements are more favorable to PAPs than the Ugandan Laws. Where there is discrepancy, the World Bank requirements will take precedence. To bridge the gap, uplift will be used to make compensation comply with the World Bank requirements.

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Table 1: Comparison of relevant Ugandan policies and regulations with those of The World Bank

Type of Asset Lost Ugandan Laws WBG Requirements Mitigation

Land – Owners Cash compensation based on market Compensation at replacement cost but land for A number of compensation options have been value of unimproved land plus 15% land strongly recommended for land based adopted in this project, for those PAPs that are disturbance allowance activities of the PAPs vulnerable, the land for land and cash compensation alternatives have been chosen.

Land – Tenants Compensation is based on the amount of Must be compensated whatever the recognition This In preparing this RAP and while utilizing rights held of occupancy guidelines on the options for transmission ROW the team tried as much as possible to avoid resettlement or minimize displacement of people e.g. citing and routing of Program activities will try to avoid land held by illegal tenants. Otherwise compensation for its use and not ownership will be followed Land - Sharecroppers Not entitled to compensation for land but No specific provision to land compensation but Agricultural Production can continue on plot and only crops income must be restored the vertical clearance of 7.5 meters maintained Non-permanent Owners compensated based on District Owners compensated at full replacement cost Buildings Rates plus 15% disturbance allowance including labor and transaction costs but in-kind strongly recommended. Resettlement assistance in lieu of compensation for land to help restore or improve their livelihoods may be used. Permanent Buildings Valued at depreciated market value plus Valued at full replacement cost including labor Based on preference of project affected 15% disturbance allowance and transaction costs household

Perennial crops Compensated based on District Rates Transition period dependent on crop type and Cash compensation, plus 15% disturbance allowance expected yields over time to be taken into consideration Annual Crops No compensation but six months notice Cash compensation Or allowed to harvest- i.e Vertical clearance of 7.5 meters maintained. given to allow for harvest given ample notice. Cash compensation where necessary No compensation but six month notice Establish access to similar opportunities and Income lost will be compensated in terms of Business Income given to re-establish businesses compensate for lost income disturbance allowance.

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2.4 Institutional Framework

An institutional framework for the successful implementation of this project is detailed below. The following institutions will be involved in this project;

Ministry of Lands and Physical Planning (Office of the Chief Government Valuer and Department of Lands & Surveys)

Ministry of Water and Environment (Directorate of Water Development, The National Forest Authority and The National Environment Management Authority)

Ministry of Finance, Planning and Economic Development (Microfinance Program)

Ministry of Gender, Labour and Social Development

Ministry of State for Disaster Preparedness

Ministry of Energy and Mineral Development (Uganda Electricity Transmission Company Ltd)

The District Government Authorities (Chief Administrative Officers, Sub county chiefs, District land boards/tribunals) and,

Village Committees

Local Non-Government Organizations (NGOs) and Community Based Organizations (CBOs)

Establish offices at each district for grievance management

Political leadership ( Local Councils I to V

Other technical staff from the social services sector (roads, water) that have the mandate of Local Government at the sub county level.

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2.4.1 Ministry of Lands and Physical Planning

The office of the Chief Government Valuer (CGV) in conjunction with the District Land Boards of Wakiso, Mpigi and Masaka Districts provide approved updated compensation rates used for calculations of compensations. Furthermore, the office of the Chief Government Valuer (CGV) shall be responsible for approving the final Valuation Report. The Department of Lands under the Directorate of Lands, shall liaise with the District Land Boards in the registration and transfers of land.

2.4.2 Ministry of Water and Environment

NEMA will have the responsibility for assessing and monitoring compliance with the environmental and social requirements prescribed in the Resettlement Action Plan. Assessment and compliance monitoring may be done through the District Environment Officers of Wakiso, Mpigi and Masaka Districts or directly through NEMA's gazzeted Environmental Inspectors. Where land for resettlement is required, NEMA will be responsible for reviewing and approving the EIA Reports since the infrastructural developments carried out will involve significant environmental impacts.

The National Forest Authority will be the focal point for forest related issues. It will be the institution to approve our forest valuation. Besides, it will monitor the purchase and planting of an equivalent area of the lost forests.

The Directorate of Water Development will be responsible for supervising the provision of alternative sites of water sources for affected people.

2.4.3 Ministry of Finance and Economic Planning

The Government program of poverty eradication popularly known as ‘Bonna bagagawale’ is managed under this Ministry. This program aims at supporting local development actions for creating job opportunities and income sources to the poor and the population that needs to be economically improved. Central to the implementation of this program is group cooperatives,

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also known as Savings and Credit Cooperative Societies (SACCOS), where people in a particular SACCO are given with seed money, which acts as a revolving fund from which the members can borrow money for development/income generation projects. PAPs could access micro credit for development projects from this Ministry.

2.4.4 Ministry of Gender, Labor and Social Development

The Ministry of Gender, Labor and Social Development has responsibilities for the social and economic welfare of the population including cultural affairs, youth, labor and disadvantaged groups. The Ministry has a Department responsible for labor and industrial relations.

2.4.5 Ministry of Energy and Mineral Development

The ministry of Energy and Mineral Development is mandated to plan and supervise the implementation and provision of all energy sources in the country. UETCL shall;

Minimize land acquisition and resettlement by making appropriate design and alignment modifications suggested by the consultant.

Budget, allocate and disburse funds for land acquisition and resettlement

Corroborate the PAPs in conjunction with village committees

Ensure the co-ordination of the implementation of land acquisition and resettlement activities.

Provide necessary assistance to affected persons during the resettlement process and ensure that vulnerable people are appropriately compensated.

Apply income restoration and livelihood rehabilitation programs suggested by the Consultant

Appoint an agency for external monitoring of activities

Review adequacy of compensation of PAPs as well as restoration of the PAPs standards of living after resettlement.

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Provide internal monitoring of the resettlement plan implementation

Prepare internal monitoring reports and initiate necessary remedial actions where necessary.

Assign staff or establish a resettlement organization to oversee and monitor the implementation of the RAP

Apply through the Minister responsible for energy for the degazettement of the portions of the forest reserves taken by the transmission line

2.4.6 District Local Government Authorities

The Local Governments will primarily review the progress of the land acquisition and resettlement implementation and make decisions regarding actions to solve the problems and designate officers to carry out these actions. The Local Governments also assist the resettlement through the organs described below. 2.4.7 District Land Boards (DLBs)

The DLBs facilitate the registration and transfer of land ownership. In addition, DLBs compile and maintain a list of compensation rates payable in respect of crops, buildings of a non-permanent nature and any other thing that may be prescribed. Furthermore, the DLBs review the lists of rates of compensation annually.

2.4.8 District Land Tribunals (DLTs)

The District Land Tribunal decides on disputes regarding compensation paid for land acquired. It is also charged with solving disputes relating to the grant, lease, repossession, transfer or acquisition of land by individuals and organizations. This will be helpful in resolving matters that cannot be solved at village level.

2.4.9 District Environment Officers (DEOs)

DEOs review environmental assessment reports and monitor environmental and social issues. They also participate in the identification and selection of relocation sites.

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2.4.10 The Village Committees

Village committees will manage and deal with resettlement issues at village level. The committees will be responsible for the coordination and monitoring of the land acquisition and resettlement activities. They will also assist in;

The resolution of grievances concerning land acquisition, compensation and resettlement operation.

ensuring adequate replacement of land for the PAPs

Planning and implementation of income generating and poverty reduction program. community participation

involving vulnerable groups in the planning and implementation of resettlement

The review of the results of resettlement and income restoration.

2.4.11 Non Governmental Organisations and CBOs

NGOs could be beneficial for the development of the areas when they work together in coalitions, pooling their resources and coordinating their lobbying efforts.

One of the important means of income restoration in the project-affected area is supporting local investments and development activities. This generally needs preparation of documents to get support and participation of various groups. The leadership, guidance, and participation of local NGOs/CBOs is very important. The NGOs/CBOs would be instrumental in providing training for project preparation and development. Furthermore, capable NGOs/CBOs can provide consulting services to the PAPs on legal and grievance redress issues throughout the project implementation.

Moreover, there are some national and international programs and funds, which can be used for environmental and social developmental projects and activities by the NGOs/CBOs. The cooperation of local authorities and NGOs is important if these programs and funds are to be taken advantage of for livelihood restoration packages during the implementation of the 220kV

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Kawanda-Masaka transmission line project.

NGOs/CBOs currently present in the project area and the ones that can be established (such as cooperatives) may play an important role for the development of the area and increasing incomes of the PAPs. Besides, the local NGOs may act as independent third parties in the monitoring of the implementation of the RAP.

3 IMPACTS OF THE PROJECT

3.1 Project Location

The proposed Kawanda-Masaka 137 Km 220 kV transmission line traverses the districts of Wakiso, Mpigi, and Masaka. The line starts from Kawanda-Substation in Kawanda parish at coordinates N 448663, E 46126, Wakiso district and joins the former route in Maziba parish in Mpigi district at coordinates N 428545, E 25270. The line cuts across several villages and parishes. In Wakiso district, the line passes through 1 sub-county and 5 Parishes, in Mpigi district 7 sub-counties and19 parishes and 7 sub-counties and 14 parishes in Masaka district. Table 2 below shows the entire administrative boundaries and villages where the t-line passes. The maps showing the entire line route is also attached, appendix 2

Table 2: Administrative Boundaries and Villages Traversed by the T-Line

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District Sub county Parish Village Wakiso Wakiso Kawanda Nakyesanja Kawanda Nkokonjeru Bukasa Bukasa A Bukasa Bunyiga Kigoma Kawoko Buloba Mituba’ebiri Bukasa Bukulu Buloba Serugoye Naluvule Senge Kayunga Gombe Mpigi Muduuma Lujjo Buyala Nazili Buyala Kawomya Kiringente Kololo Katooma Nsujumpolwe Namutuya Sekiwunga Galatiya Kagaba Mabuye Kavule Kiwamirembe Kavule Sabaddu Kyambizi Kavule Mpigi Town Council Maziba Maziba Murole Membe Central Ward Mpami Lufuka

Lwanga Kalagala Ward B Kalagala Lwanga Kalagala Ziwunga Konkoma Nakigudde Mpambire Kamengo Sabagabo – Kyanja Nambi Bubuule Bugabo Kwaba-Kabira Bukooza Sabaddu-Kamengo Kiswa A Kamengo Kamengo Bwamiramira Nabuzi Budde Budde Kyabadaza-Ntula Kabuye-Bumbu Kayima-Ntayi Buwama Mbizinya Kanaani Maggya Buwama B Mbizinya Buyaya Bongole Kasubi-Kamu Nkozi Nabusanke Kwaaba Nabusanke A Nabusanke B Kikomazi Kayabwe Lukonge Jjandira Nindye Lubanda A Kayunga Mugge Sabaddu Mugge Nabyewanga Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | June 13, 2011Lubanga Page | 29 Lukaya T/C Bajja Kayunga Bajja A Nabisoga Kaliro Mwota Central Ward Lutente Lumumba Kalungi Bukulula Kalungu Vvuma Kasali Kabale Mukoko Kisanje West

The lines run pass over mainly private farm land and few government owned land. It transverses homesteads both permanent and temporary and farm land with crops such as maize, bananas, coffee, vanilla, cassava, sweet potatoes and fruits like; jack fruit, avocado, mangoes water melon and many others exist though scattered. The land is also used for animal rearing/grazing that include; cows, goats, sheep, pigs poultry and fish ponds. Few scattered tall trees and other plants exist, wetland and both natural and planted forests.

The proposed construction of the transmission lines is associated with:

Construction of line structures, accessories and conductors;

Construction of the 220kV double circuit transmission line from Kawanda substation to Masaka West substation,

Construction of the Masaka West substation extension to cater for the 220kV line bay

Clearing of right-of-way as necessary

Construction of access roads as necessary

Construction of workers camps and storage facilities for the project materials

These activities will inevitably lead to negative impacts like land-take, property displacement, crop destruction, household displacement and cultural site encroachment. The RAP was done in accordance with Ugandan policies and laws on environment management and handling of potential social issues, as well as the World Bank’s safeguard policies, particularly O. P. 4.12 on involuntary resettlement.

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Map 1: Project Area

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3.2 Scope Of Project Impacts

The proposed 220kV Kawanda – Masaka transmission line traverses 14 sub-counties in the three districts of Wakiso, Mpigi and Masaka covering a distance of about 137 km. The directly affected households will bear physical loss due to the construction of the transmission line. The indirectly affected HHs are those that will lose their economic earnings and the host communities.

The directly affected HHs may bear partial or full impacts. The fully affected HHs are the ones which lose all their land and structures (i.e. houses, etc) whereas the partially affected only lose part of their land or structures. The latter are those in the way leaves whereas the former fall within the ROW.

3.3 Category Of Impacts

The main socioeconomic impacts of the proposed transmission line will largely be associated with project activities. The major activities of the proposed project, which will affect the populace, include,

construction of line structures, accessories and conductors,

construction of the 220kV double circuit transmission line from Kawanda Sub - Station to Masaka West - Substation,

extension of the Masaka West substation cater for the 220kV line bay,

clearing of right-of-way as necessary,

construction of access roads as necessary, construction of workers’ camps and storage facilities for the project materials

These activities will lead to loss of land and property, limited access to water supply, increased pressure on health facilities, loss of income/means of livelihood and creation of the potentially vulnerable

The land requirements for the project are of three broad categories, namely;

land for construction of the transmission line

land for the expansion of Masaka West Sub-Station

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land required temporarily for construction purposes

Land required for the construction of the transmission line will include 35m wide Way Leaves (WL) (17.5 m on either side of the 5 m corridor), 5m wide Right of Way (RoW) and temporary land for construction purposes. The WL is the safety corridor out of which the negative impacts of transmission lines are assumed negligible. The width of the corridor depends on the voltage of the line. The Uganda standard requires 30m corridor for 132kV transmission lines and a 40m for 220kV lines. For this project, a 40m way leave corridor will be necessary. No houses or crops higher than 7.5 meters are permitted within the way leaves. Since land for the way leaves is not permanently taken, no title transfers will be required. Owners and occupants will be compensated against the loss of value resulting from the restrictions.

The RoW is the 5m land required for construction of the steel towers and a maintenance track. Since this land must be accessible at all times to UETCL for maintenance purposes, it is deemed not to have any residual value and will thus be compensated in full. If and when more than 5 meters of land is required it will be equally compensated for.

During construction, there will be temporary need of land for contractor’s camps, access roads, waste disposal. Owners and occupants of this land will be paid rent for temporary occupation. Where crops are damaged, compensation will be paid as required.

The effects of land take elaborated above were studied at both community and household levels. The community level losses relate to loss of public property such as schools, mosques, churches, etc. Household level effects on the other hand are those that are specific to individual household and are as categorized below;

Households whose houses, associated structures and land are lost due to expropriation (A)

Households whose houses and associated structures are lost to expropriation but land is not (B)

Households whose lands are lost to expropriation but houses and associated structures are not (C)

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Households who will be economically displaced due to adverse effects of the project on their livelihoods (D). Economic displacement here means loss of income streams and means of livelihood resulting from land acquisition or obstructed access to resources such as land or forests.

PAPs who earn some portion of their livelihood by renting their land and physical assets to other PAPs in the project affected site (E)

PAPs who do not own any land or physical assets but derive their livelihood though (1) some form of employment (2) social support networks and (3) customary rights to common properties (e.g. water) in the project area (F) 3.3.1 Loss Of Land And Property

The standard definition of UETCL of the Right of Way (RoW) for a 220kV transmission line is a 5 meter wide corridor and then a safety zone or way leaves on each side of the Right of way of 17.5 meters. For UETCL, the RoW in most cases suffices for the tower foot print and a permanent maintenance track, while the way – leaves suffices for the safety zone with restricted use. Where the tower base is more than 5 metres, compensation is effected for the extra land take.

In general however, following the UETCL definitions, the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW see table 3 below. Additionally from the data collected and analysed, UETCL will require about 120 acres for purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as storage or lay down area during construction. Owners of the latter land will have to be compensated for the disruption during the lifetime of construction activities. This is slightly different from the 2008 requirements due to changes in routing brought about by human settlements near Kampala Area.

Table3: Land Uptake District Right of Way Way leaves (Acres) (Acres) Wakiso 24.8 173.8

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Mpigi 17.0 120.8 Masaka 68.6 460.3 Total 110.4 754.9

3.3.2 Impact On Structures

As mentioned earlier, the proposed works follow the previously designated line for the major part from Masaka to Mpigi but diverts westwards away from Kampala-Masaka Highway to avoid the heavy settlements of Nsangi to Nansana 1. A total of 321 permanent structures and 121 semi permanent structures are to be affected. Some 225 structures, mainly residential and commercial buildings will have to be demolished to pave way for the right of way of the transmission line. Of these, 60% are permanent finished residential and commercial buildings and 31% are semi-permanent structures mainly residential). Since care was taken to minimize speculation, no speculatively constructed structures were encountered.

Out of these numbers, 160 households are to be physically displaced while the rest have been termed as economically disturbed due to the current use of the land determined to be agricultural/commercial. The other 65 with buildings to be demolished will receive cash compensation and replace the structures on their own. The different compensation options for each category are discussed in chapters 5. Table 4 below summarizes the total categories of the impacts of the T-line.

Table 4 : Summary of Impacts per Category KAWANDA - MASAKA LINE May-2011 KEY RAP PARAMETERS Items Number Total number of PAPs 13596 Total Number of HHs 2136 Transactions 2428 Number of Female headed HHs 649 No. of Male headed HHs 1697

1 See verification report prepared by UETCL; 2010.

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Institutions 82 Resettlement cases 160 Shrines 23 2 Graves 81 3 Vulnerable 167 Permanent Structures 321 Semi permanent Structures 121 Residences (PDPs) 160 Landowners 534 Tenants 1641 Co-Tenant 95 Licensees 119 Co-owner 39 Total Distance 137 Villages 92 Sub-counties 14 Districts 3

3.3.3 Physical And Economic Displacement

Physically displaced persons are those whose residences fall within the 40 meters corridor and as such have to lose them to the project. In general, there are 2,136 households, with about a total of 13,596 persons affected by the currently optimised route in the project area. Out of these numbers, 160 households are to be physically displaced while the rest have been termed as economically disturbed due to the current use of the land determined to be agricultural/commercial. Of these, 50 can be relocated on their unencumbered pieces of land, 110 are termed as oustees who will need resettlement The different compensation options for

2 The identified shrines and graves have been highlighted for purposes of ensuring that they are avoided in terms of tower foot prints. 3 Same as above.

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each category are discussed in later chapters. Most of the persons likely to be physically displaced live in the highly encumbered areas of Nabusanke Town A, Kayabwe, Buwama B, lutente, Lukuli, Kayirikiti, Kalagala Kiterende, Kamungomba Namansenene. In addition, people leaving in urban centers such as Buwama in Mpigi District and Lukaaya and Masaka Town Council in Masaka District will be physically displaced. 3.3.4 Impact on Water Supply Systems

There are about 3 unprotected and 2 protected springs in the ROW of the transmission line. Construction of the transmission line will directly affect these water sources through pollution and interference with flow. Residents in the villages of Bukasa A, Senge and Buwama B Membe Makoku and Kayirikiti where these water sources are will have them replaced or protected, whatever is applicable. 3.3.5 Impact on Economic Activities

Whereas the construction of the transmission line may lead to increase in economic activities in the project area, this will be limited to urban centers such as Mpigi, Buwama, Lukaaya and Masaka. Economic activities such as stone quarrying, sand mining, poultry, piggery and farming may be interrupted by the construction of the transmission line.

A couple of poultry and piggery businesses fall within the ROW of the transmission line. The buildings housing the poultry units are semi permanent structures with corrugated iron sheet roofs. Whereas these structures can easily be relocated, there will be disruption to income generation. In one of the units we estimate a net monthly income of UGX =500,000= or USD 294 (at 1 USD = UGX 1700=) corresponding to UGX 6,000,000 (USD 3,530) per annum. In a country with a per capita income of USD 240, this amounts to high loss.

3.3.6 Impact on Shrines and Graves

Several shrines, graveyards and possessed trees that are within the 40 meter corridor will not be destroyed during the construction of the transmission line. Efforts have been made to avoid towers footprints on these assets, and since they are within the 7.5 meters vertical clearance, they would survive. An enthronement site (Busamba) for the Ndiga clan is at Mpabire and 81 burial sites and 23 cultural shrines are located along the transmission line. Of great importance is the Mbuga Ya Nsereko Musajja Subi Namwama in Buwama B the

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ancestral origin of the Kkobe Clan which contains a granite rock highly preserved because it is believed that King Nsereko disappeared through it living behind foot prints of his dog and a Mweso game board inscribed on the rock. This rock is highly respected that no one is allowed to step on it with shoes; it is surrounded by several houses used by the clan members all over Buganda region for cultural ceremonies. These sites are highly valued by the communities for reasons such as problem solving, decision making, protection against epidemics and enemies, tourist sites especially for the Buganda Kingdom or prestige (gods). Whereas the local communities are agreeable to relocation of these structures, they believe rituals must first be performed before relocation. Tampering of these sites is claimed to anger the gods with disastrous consequences. For example, Kabukoro village where the Masaka West substation extension is to take place is said to be possessed. Stories abound of how a road project failed because all the bulldozers broke down at the area. Consultations with UETCL suggested that in line with the guidelines, during construction, tower foundations should not be directly placed in these sites. Maximum care must be taken to avoid direct contact with these sites because relocating them might be undesirable and cumbersome given the numbers involved. However, a vertical clearance of 7.5 meters measured between the highest point of physical obstacles on the ground and the local vertical position of the lowest conductor must always be kept in this area for safety purposes.

Furthermore the design has been carefully chosen to avoid the placement of towers in the graveyards and shrines. Therefore the electrical conductors will span over the graveyards and shrines and the towers allow for plus or minus 20 meters diversions. This can cater for owners who may not wish to be relocated.

Sites that are buried may be discovered during project implementation. Such discoveries of archaeological nature are termed as ‘archaeological chance finds’. These could be concentrations of pottery, animals and human bones, worked stone etc. World Bank guidelines should be adopted in project design to carter for such discoveries. The following are the procedures:

1. Notification of relevant department of antiquities

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2. Request for representative to make a site inspection 3. Cessation of work in the vicinity of the find until the visit of a representative; and decision by department of antiquities on possible salvage or excavation.

This report has recommended preservation of such important sites clan ancestral grounds and burial grounds regarded as cultural properties are taken seriously. Detailed in the mitigation plan in the ESIA are measures to mitigate impacts on cultural properties.

3.3.7 Potentially Vulnerable Groups

Implementation of projects that lead to property take and livelihood disruption usually affects some people more than others. These categories of people are known as the vulnerable. Vulnerable groups are defined by the World Bank policy on involuntary resettlement (O.P. 4.12) 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 than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits’. Since the overall objective of resettlement should be to restore or even improve the living standards, physical security, and productive capacity and income levels of all the people affected or at the very least, to restore them to former levels, it is important to identify groups that are particularly at risk. Therefore, vulnerable groups require special attention in planning and implementing development projects. Female-headed households, child headed households, the elderly, people living below the poverty line, those who derive their livelihoods on other people’s property (squatters/licensees) and the illiterate are often categorized as vulnerable groups (the World Bank, 2000).

Table 5 A summary of the Vulnerable PAPs per district Total number of villages with District vulnerable PAPs Total Male Total Female Total

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Wakiso 10 12 14 26 Mpigi 26 44 49 93 Masaka 16 11 37 48 Total 52 67 100 167 Table 5 above shows that there are 167 vulnerable households that will be affected by the entire line. Of these, 100 are female the majority of who are widows aged 60-90 with only 1 aged above 100 years. The male are 65scattered throughout the t-Line. Those who are HIV positive are 2 in Kabale and Majja villages and the Physically Disabled, moving on wheel chairs, are also 2 in Mwota and Buwama B villages, a minor in Mwalo village and a drunkard in Senge village. A list of all the vulnerable per village per district is attached in Appendix 4. Female-Headed Households In many parts of the world, women cannot own property, do not inherit land and are not considered heads of households even if they are the primary income earners. Furthermore, women have little contact with community leaders; have lower educational attainments and lower labor participation. Moreover, prevalent values impose various restrictions on women to the extent their main task is taking care of the house and children. The situation gets worse when they lose their spouses or their marriages break up forcing them to become the sole breadwinners at home. All these make female-headed households more vulnerable during resettlement.

Children and Child-headed Households Children and adolescents (especially girls) are important elements in vulnerability. Intergenerational ties link experiences between one generation and the next to the extent that fateful intergenerational experiences get transferred from one generation to the next. This means experiences related with social, symbolic and economic capital (especially high birth and illiteracy rates, and rigid social norms) make children and young girls more vulnerable than others. In many households, due to drop in income and living standards, children may never return to school, instead getting drafted into the labor market or into prostitution. The situation even gets worse when children suddenly find themselves in situations where they are the sole bread earners for their younger siblings. This is more true now in the HIV/AIDS pandemic era where many families have had older (parents) bread winners wiped out. To cope

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with the sudden social change, older siblings become ‘foster’ parents to their young siblings without any experience family making. Elderly-headed households In all societies the elderly (60 years and above) can be vulnerable in times of sudden change, such as during resettlement since they cannot adjust rapidly to lifestyle changes or new environments. They are at a disadvantage in resettlement schemes that rely on self-help construction of housing since they do not have the energy required for construction. The elderly may also suffer from intergenerational conflicts, as the young perceive needs and outcomes differently. Moreover, the social networks closest to the elderly may be lost the effect of resettlement projects on this category may be more significant than on the younger able persons.

The Poor The World Bank defines poor people as those who live below 1 USD a day, a concept known as living below the poverty line. People living below the poverty line have no discretionary disposable income hence do not own property and are less educated as they drop out of school early. In the Sub-Saharan African setting, these people most times depend on benevolent support from relatives or people of good will. Moreover, though they do not own housing structures of their own they are provided a house by their relatives. In this context, resettlement poses a serious risk as they may lose the social networks that support them making them unable to cope with sudden changes presented to their lives. Findings from the socio-economic survey show that construction of the transmission line is likely to affect households headed by the elderly, women and children more than those headed by the able bodied. Furthermore, households who do not own land (Bibanja owners) will gravely be affected compared to those, which own land. Elderly and Female Headed Households Female - and elderly (aged above 60 years)–headed households constituted 21% and 10.8% respectively of the total households. Additionally, only 28% of the female-headed households own land cultivated. More than half (58%) of female-headed households are tenants (Bibanja owners) on other peoples land. Some 8% of the female heads of households were above 70

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years of age. Three of these particularly need special consideration as they fend for orphans younger than 12 years old. For most (86%) of female-headed households, agriculture is their only occupation while 9% were also traders. Like the rest of the population in the area malaria is the by far worst health problem afflicting 74% of the female-headed households.

Child Headed Households Children less than 18 years old head two households. The income derived from agricultural production, estimated at UGX =100,000= annually, is negligible. Though the income given is questionable, it gives an indication that households consisting of children survive by consuming what they can produce. Among the affected households, the child headed households are clearly the most vulnerable and consequently they will need special attention in terms of rehabilitation and livelihood support. There is one child headed household (16 years) in Mwalo village in Masaka district.

Bibanja Owners Among the PAPs, are bibanja owners who cultivate land they do not own. This group occupies tiny pieces of land from where they solely derive their livelihood. Compensation values quoted for this category of people (generally less than UGX =100,000= or USD 60) will leave them far worse off than they were. This category also needs special consideration in terms of livelihood restoration.

3.3.8 Institutions Affected

Out of the enumerated entities found along the optimised route, 82 have been categorised as institutions whose impact was unavoidable and whose strategy for impact mitigation is slightly different from the individualized approach of households. The number has reduced from 123 documented in 2008 due to the diversion between Mpigi and Wakiso.

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Efforts have been put in place to minimize impact on public and social infrastructure however some of them like the NSSF land in Bukasa A Wakiso District, Grace Infant School with less than 100 pupils in Kavule village, Iqra Primary School in Mpigi Nkozi Agri-business training School will have to be affected.

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4 SOCIO – ECONOMIC –BASELINE INFORMATION

This section describes the broad socio economic characteristics of the population in the project area of the proposed transmission line

4.1 Administrative Boundaries

The proposed 220kV Kawanda – Masaka transmission line traverses 14 sub-counties in the three districts of Wakiso, Mpigi and Masaka covering a distance of about 137 km. It passes through 1 sub-county in Wakiso District (Wakiso), 6 Sub-counties in Mpigi District (Kiringente, Mpigi, Kamengo, Budde, Buwama, and Nkozi) and 7 sub-counties in Masaka District (Mukungwe, Lukaya Town Council, Nyendo Senyange, Kingo, Kimanya Kyabakuza, Katwe Butego and Bukulula,). The transmission line is a development project that will lead to involuntary population displacement, both physical and economic. People within the project area will be affected either directly or indirectly. The directly affected households will bear physical loss due to the construction of the transmission line. The indirectly affected HHs are those that will lose their economic earnings and the host communities.

4.2 Population

According to the 2002 Population Census the population of the affected districts was Wakiso 908,000, Mpigi 407,800 and Masaka 770,700 people. However the Transmission line is not going to affect all the population in the districts but to only the mentioned sub-counties in 4.1 above. The affected households and institutions in three districts are shown in table 6 below:

Table6 : Estimated number of affected Households Per district Number of Number of Number of House No. Districts Institutions Villages Holds

1. Wakiso 15 12 377

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Number of Number of Number of House No. Districts Institutions Villages Holds

2. Mpigi 44 51 942

3. Masaka 23 29 817

Total 3 82 92 2136

4.3 Demographic Characteristics of the Respondents

4.3.1 Age Distribution

Age is one of the important factors to consider when devising policies and plans for resettlement. Dependency and intergenerational differences play a big role in mitigating impacts of displacement. A high elderly dependency ratio means livelihood restoration programs must take into consideration the unique needs of the aged who are out of the labor force. Likewise, a relatively younger population may have substantially different demands than the older population. Moreover, a younger population is expected to adapt quickly to new environments since their attachments to previous conditions may be less strong. Results suggest that 22% of the household members are children less than 18 years old and between 35 – 55 years.

Figure 4.1: Age distribution of respondents

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Never the less a considerable number 46% are in the youthful age of 19 – 35 years. Only 10% are very old thus 56 + years of age. With the majority of the population being in the productive age bracket the dependency ratio is expected to below.

4.3.2 Educational Levels

The schools existing in these villages are mostly primary schools under Universal Primary Education (UPE) program and a few are Secondary Schools. There are no vocational institutions in the area, which is their major concern as a community. It means that the majority of the labour that can be supplied by the people will be in the form of unskilled labour because there are few people with skills and training.

The level of education attained by an individual is an indirect measure of the coping ability with economic shocks. Highly educated populations are known to devise better strategies to mitigate risks. This can be true in situations of displacement. Moreover, the type of education, formal or vocational, makes one easily adapt to host communities. Income restoration strategies and mitigation measures should therefore take into account education level as the capacity building and development of social capital depends, among other things on the education level of the beneficiary.

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Figure 4.2 Literacy levels of project affected people

The low levels of literacy in the area implies that any information and awareness programs to be designed for the people in the project area should not rely only on written texts but use illustrations and other suitable information media. Furthermore, low education levels means few PAPs have skills that are required in the construction of the transmission line. Therefore majority of them may be employed as casual laborers.

Furthermore, since many of the affected PAPs still have children that are attending primary and secondary school, it is important that any resettlement area should have educational facilities to cater for the increase in enrolment or else the project helps the host communities expand the educational facilities. 4.3.3 Health Status

The majority of the people in the project area use health centers (43%), clinics (28%), and drug shops (20%) for the management of their health. A mere 6% visit hospitals

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Figure 6.3 Health facility visited by people in the project area

In most parishes people rely on these facilities, which are poorly facilitated (staff, drugs, and modern diagnostic facilities). Because of that, patients have to be referred to HC V e.g. Wakiso or even Mulago hospital (Kampala). The existing health facilities are mainly health centers of Grade II and III offering services limited to outpatients, laboratory and maternity for normal delivery. Inpatient services are only for minor complications. Overall, facilities are overstretched and inadequate as they are characterized by inadequate stock of drugs, lack of or no qualified medical personnel, and lack of modern facilities for proper diagnosis. Any unplanned increase in patients will greatly affect service delivery by these facilities.

In terms of access to health facilities the level of vulnerability is rated as being have medium value because they are poorly facilitated but with good structures.

4.3.4 Ethnicity and Religion

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(51%) dominating. However, traditional beliefs are strong among the respondents. Figure 6.4 Religious beliefs of the affected people

Ethnicity and religion are key considerations in designing and implementing resettlement policies and strategies since most people would prefer staying close ‘their’ own.

4.3.5 Length of Residency

Sixty four percent of the affected people have stayed in the area for over 15 years, 20% had stayed in the area for 6 -14 years while only 14% had stayed in the project area for less than 5 years. Most of these people are tenants on the land on which they live which tend to limit their access to productive resources and finances hence that are needed to engage in meaningful income generation activities. Resultantly, the level of vulnerability of this population to economic shocks is rated as being high due to this constraint. .

4.3.6 Settlement and Land Use

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However, from Kawanda to Kkoba swamp settlements are mainly of the scattered nuclei settlement with various permanent structures which are concentrated along the roads while semi- permanent and mud and wattle houses are found as one goes deeper in the villages.

The set up of structures and settlements along the proposed Transmission Line corridor can be categorized as;

Permanent brick buildings, mostly commercial (shops) and residences. The commercial structures are mostly concentrated within a single locality and generally in linear formation.

Institutional structures, mainly schools built of permanent brick material

Semi-permanent buildings, mostly residential with support structures such as latrines, kitchens and livestock structures

Temporary structures, mostly of mud and wattle and typical of rural setting

The land is mainly used for small - scale agricultural production. Crops grown are mainly food crops like bananas, cassava, sweet potatoes, maize, beans, and vegetables such as tomatoes. However, cash crops like coffee, vanilla, moringa are also grown. Eucalyptus and Cyprus plantations too fall within the transmission line corridor.

Livestock farming is also practiced within the transmission line corridor with mostly goats, pigs, rabbits and poultry being reared. For households that rear cows the number does not exceed three.

Other types of land use include stone quarrying, sand mining and brick making. This type of land use is maintained almost up to the end of Mpigi District. Mpigi land use is in such a way that the settled in lands are interspersed with forest reserves and wetlands.

In Masaka district, through Lwera (Kafu swamp) up to Lukaya, the settlements are sparse and of the rural type. Land is mainly used for substance farming, grazing and brick making. The structures are mainly semi-permanent as well as mud and wattle. In Lukaya, settlements are concentrated within the Town Council with nearby villages practicing mainly substance

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agriculture, poultry keeping and livestock. Along the road, there are a few trading centers in a semi-urban setting with permanent and semi-permanent structures due to the facilities like electricity, schools clinics and accessibility to the main road.

In summary the project area has various land uses. In most areas, the settlements are dotted along the road with structures that are semi-permanent small retail shops and kiosks. Away from the road, settlements are scattered and cultivation of crops on small scale is common though poultry and cattle keeping is also done.

4.3.7 Land Tenure

The land tenure system along the whole stretch of the line is either mailo or leasehold. Mailo tenure is the most dominant in the project area. It involves the holding of land in perpetuity, permits the separation of ownership of land from the ownership of developments made on land by a lawful or bona-fide occupant (generally known as tenant). Additionally, the holder can only exercise transactions on the land subject to the rights of those persons occupying the land.

Leasehold tenure on the other hand is where someone other than the owner holds land for a specific period, for rent conferred by the state or private individual. This system offers the advantage of enabling the government to specify how a given land holding could be developed, and environmental conditions attached to it. This category covers areas occupied by civic centers like the district headquarters, county headquarters, town boards, government schools, resettlement schemes and forest reserves. Sixty eight percent of people to be affected by the project are tenants, 30% are registered leasehold landowners, 1.2% are registered landowners and the rest are licensees. A majority (80%) of these people have official documentation (land titles, land agreements and wills) showing ownership of their land. 4.3.8 Livelihoods and Economic Activities

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Crops mainly grown in these areas include food crops like cassava, potatoes, maize, bananas, beans, tomatoes, rice, tomatoes ginger, ovacado vegetables, watermelon groundnuts and cash crops like vanilla, coffee, moringa trees and tobacco and eucalyptus.

Livestock farming is also practiced within the project area but done on a small scale with most households not keeping more than 3 cows and 5 goats except Muzinda Womens Group – Bagala alina which rears pigs on medium scale. The most common livestock are goats, pigs, cows, rabbits and poultry. Another livestock farmer keeping about 40 Frisian cows was found in Kibwa in Wamala Parish and a number of cows found grazing in Lwera near Lukaya. .

Because of the predominance of a subsistence agricultural economy in the project area, as is the case in most of Uganda, agriculture assumes a high intrinsic value since without it the communities would perish. The crops are sold in their raw form which makes it difficult for a farmer to access regional markets (better prices). On the other hand there is a high potential for increasing the agricultural export value (commercial Agriculture) through modernization of agriculture. In general, the agricultural production and potential is valued as high. Although soils in this area are of medium fertility, Plan for Modernization of Agriculture (PMA) would improve on the potential.

Economic Activities Income, especially the disposable portion is vital in the coping ability of the affected populations. Persons, even when they are disabled or old would still be able to hire labor and skills required for survival. The major income sources of the PAPs were identified from their own declarations. The income streams of the PAPs can be summarized into;

regular earnings (salaries and wages)

agricultural activities (farming, livestock, poultry keeping, etc)

income from property rental

public transportation (boda bodas, etc)

others

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Kikunyu Roadside Market in Kamengo Sub-county one of the major income sources mainly employing Women

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Employment There are very few opportunities regarding employment for the residents of the rural areas of the project area. It was noticed that many residents had not received training in any skills. The few trained in the community-included teachers, health workers, tailors and carpenters. It was observed that on average the highest level of education attained is Senior Four, while most of the children drop out of school after Primary Seven mainly because of lack of school fees.

4.3.9 Current Infrastructure

Roads The project area crosses three high ways Kampala – Masaka, Kampala – Gulu and Kampala – Hoima. Then runs along Kampala – Masaka highway for most of its part but at some areas it goes off for over 5 kms into villages.

The roads leading to these villages are seasonal characterized by poor network system and road surface with potholes. Some of the villages were not easily accessed due to the geographical set up especially in the swampy areas where roads were too narrow and impassable.

Water supply Most of the water sources are along the swampy areas or within the valleys. It was observed that unprotected springs were the main source of water supply. A few water taps for National Water and Sewerage Corporation and boreholes were identified in villages of Kikaya, Bubule, Jandira, Nabusanke, Buku, Kyanja, Kiswa, Buyaya, Lubanda, Baja, Kayunga, Kayirikiti and Kitenga some of which were still working and others out of function due to poor maintenance. In Kasubo village, there are no water sources in the area due to the terrain and it was reported that there are many mineral salts underground, which affects the water quality even of the borehole. There are also unprotected water sources in Bukasa A, Ssenge, Namutuya and Buwama B.

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4.3.10 Shrines and Graves

A number of shrines and graves were identified along the proposed route including trees of spiritual value found in Nambi village. The two commercial shrines are found in Maziba-Mulole and in Buwama B village. Several graveyards were also spotted to be falling in the ROW of the T-line for example in Maziba-Mulole village there are three different areas that is at Mr. Kagwa Edward, Mr. Mugamba Kalori and Mr. Mugerwa Wilson’s land. In Bukooza village there is a major Ngoge clan burial site with over 108 graves falling directly under the proposed T-line. However the design of the t-line ensured that no towers are falling within the graves or shrines sites. All the above sites are highly valued by the communities for various reasons such as; problem solving agents, guiding in decision making, protection against epidemics, enemies and cultural prestige as gods.

From the public consultation it was established that this site can never be tampered with because of the spirits. During the implementation of the RAP, continued consultation on the best way to handle these shrines and graves will be implemented with the clan consultation in places like Bukooza Village.

Furthermore, based on the guidelines from the International Commission on Non-Ionizing Radiation Protection (ICNIRP) 4, and other applicable electric power transmission and distribution standards, UETCL is revising measures of handling relocation of graves and shrines to allow non relocation by not acquiring the way leaves (17.5 meters on either side of the RoW 5 meter corridor) and maintaining a vertical clearance of 7.5 meters. The design of the T-line also has been carefully chosen to avoid the placement towers in the graveyards and shrines. Therefore the electrical conductors will span over the graveyards and shrines and also the towers allow for plus or minus 20 meters diversions. This will result in avoidance of relocation of these shrine and graves but only some cash compensation may be paid for the disturbance of the peace of the dead and shrine spirits.

4 the ROW is defined along the length of the T-line by: (i) maintenance of a 7.5 m vertical clearance, measured between the highest point of physical obstacles on the ground and the local vertical position of the lowest conductor exposed to design conditions and (ii) a horizontal width of 30m (15m on each side of the longitudinal axis) along the entire length of the T-line.

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5 COMPENSATION FRAMEWORK AND ELIGIBILITY

5.1 Introduction

Compensation and entitlements will be triggered by particular and specific impacts resulting from the project. Using the information from the socio-economic survey and census, these general impacts emanating from the project would include losses both at family and commercial establishments. Hence the eligibility of affected persons are those persons whose property and land will be acquired both temporary and permanently; directly or indirectly for the project implementation.

Hence this chapter is a presentation of the following items that specify all forms of asset ownership or use rights among the population affected by the project and the project’s strategy for compensating them for the partial or complete loss of those assets. The guiding principles on which the resettlement and compensation are based The means by which individuals in the project affected area are determined to be eligible for compensation The different types of assets, including land and structures which will be impacted by the project and what type of compensation entitlements will be linked to each methodology that the UETCL has used to value losses The amounts and types of compensation that affected parties will receive under the entitlements how and when compensation will be paid.

5.2 General Guiding Principles

The key principles followed in developing compensation in the RAP included; Resettlement and/or compensation of the PAPs will be in accordance to the Ugandan legislation and the WBG requirements especially OP 4.12

Since most of the PAPs rely on agriculture as a source of livelihoods, resettlement should involve provision of agricultural land of equivalent potential to that lost

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All displaced persons (physical or economic) will be offered either a full resettlement package, including provision of replacement residential land and a house or cash compensation

UETCL will provide assistance in restoring the livelihoods of the PAPs to at least the levels where they were before the project

The RAP implementation shall be gender-sensitive, with consent of female spouses sought as provided in the law. Furthermore, specific activities targeted towards women, children and the elderly shall be promoted RAP implementation and outcomes shall be monitored and evaluated in a transparent manner The PAPs and host communities shall be informed and consulted during the RAP implementation and evaluation

5.3 Guidelines on Definition of Right of Way Clearances

In order to minimize resettlement impacts, UETCL used the following definition: • The ROW is defined along the length of the T-Line by: (i) maintenance of a 7.5 m vertical clearance, measured between the highest point of physical obstacles on the ground and the local vertical position of the lowest conductor exposed to design conditions; and a 5m strip of land permanently acquired that accommodates the access road and the tower. • The Wayleave (ii) The wayleave a horizontal width of land outside the right of way consisting of 17.5 m on each side of the longitudinal axis along the entire length of the T-Line. Although uniformly applied, treatment given to different reaches along the T-Line will necessarily be heterogeneous since they include diverse land uses (e.g. urban, peri-urban, agricultural).

5.3.1 Actions for Transmission Line Right-Of- Way

In order to better enforce maintenance of these ROW standards, the following actions are often required for urgent implementation by the T-Line operator:

1. Continue enforcement of the ROW safe zone (area with no human occupants) throughout the period of T-Line network testing (possibly over two months), the purpose of which is primarily driven by political and practical considerations. However, afterwards, allow voluntary reoccupation of structures inside the ROW after commissioning ; and simultaneously provide sensitization on safety, health, and line

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maintenance. The T-Line stretches in residential areas should be frequently inspected and people living inside the T-Line ROW should be periodically warned on the lethal dangers associated with activities causing violation of the minimum clearance (e.g. proximity to conductors through use of ladders or long sticks; use of water jets, mobile cranes, burning, etc). 2. Verify land use and settlements within the ROW prior to commissioning (inventory to be done by ground truthing using maps, aerial photographs, socio-economic and physical surveys).

3. Remove structures that are within the vertical clearance limit, affecting T-Line security, prior to testing and commissioning

4. Enforce immediate restrictions on new construction, population encroachments, unsustainable agricultural land uses (e.g. tree planting and burning) by issuing a binding legal or administrative order prior to commissioning ; at the same time, provide incentives to farmers for sustainable agriculture inside the ROW that can act as good ground cover. There is no proof that the proximity of a high voltage T-Line can create a health impact. However, it is common practice to avoid being close to a school.

5. Develop guidelines for effective operation, monitoring, and maintenance procedures for ensuring T-Line health and safety prior to commissioning , including selection of an appropriate T-Line Operator with clearly defined responsibilities for monitoring the ROW.

5.3.2 Guidelines for Resettlement Along the Right-Of-Way

1. The specified ROW width of 17.5 + 17.5 = 35 m should be retained, thus ensuring also adequate clearance to trees and vegetation closer to the conformity with the new International Electrotechnical Commission (IEC) standards.

2. The presence of residential and other buildings inside the ROW is acceptable, as used in other countries and allowed by the IEC Standards. Of course, the specified clearances (vertical and horizontal) to conductors must be complied with, at maximum specified conductor operation temperature of 65 degrees C, with the catenary vertical as well as

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displaced by the action of strong wind pressure up to 30 degrees. Design and operation precautions minimize the risk of conductor breakage or fall-down over buildings during the whole industrial life of the T-Line including the commissioning period. Metallic roofs shall be adequately connected to ground electrodes. 3. Houses with non fire-resistant roofs, such as huts, should be relocated outside the ROW, unless these comply with the clearance of 11.3 m specified by the new IEC Standards. Replacement of roofs with fire resistant type is also acceptable. 4. In the few cases, if any, where the specified clearances to buildings are not complied with, corrective measures should be applied such as: modification of building structure; increase of height of towers and conductors; and demolition of buildings in extreme cases. 5. The specified clearance above unobstructed ground, recreational areas, and main roads should be complied with by the T-Line contractor, without exceptions.

6. The exposure of people to 50 Hz magnetic and electric fields for 161 kV up to 240 kV power lines is by far lower than the limits stipulated by the ICNIRP guidelines, by the European Union directives and lower than the more precautionary limits stipulated by the National Standards of some industrialized countries, as Italy.

7. Administrative and legislative measures should be enforced to forbid new residential and public building construction anywhere within the 35 m ROW.

8. Compliance with the specified clearances and other measures and precautions to be adopted, will ensure safety and health preservation of people. On the health risks of EMF (Electro Magnetic Field) and EF (Electric Field) exposure, there is consensus about the uncertainty of establishing a clear causal link between occurrence of debilitating illnesses (including cancer) and electricity exposure. Additionally, there are many cases globally where T-Lines with much high voltage have operated in urbanized settings, some of which have about the same or higher electricity loads. In this connection, the World Bank recommends, that for safety and health considerations, schools within the ROW would be relocated. In addition, the World Bank’s International Finance Corporation (IFC) has

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existing guidelines for environment, safety, and health impacts for electricity transmission and distribution projects.

5.3.3 Implication for Resettlement Action Planning

The guidelines imply that relocation of structures and compensation of agricultural crops, trees and other productive uses may be modified from conventional approaches.

• Land acquisition limited to sub-stations and T-Line towers (with 5 m perimeter clearance for tower maintenance) • Land acquisition for T-Line access way along a corridor for tower maintenance • Houses and other structures can be retained inside the ROW provided the conditions (above) for safety and health are maintained • Encourage cultivations of crops inside the ROW, but do not allow planting of trees to meet the vertical clearance limit. Farmers cultivating under the line and maintaining the ROW has been shown to be an effective way of protecting the ROW from encroaches and maintaining the land use and vegetation, reducing costly ROW line monitoring.

• Resettlement and compensation costs will be substantially minimized.

5.4 Eligibility

The determination of eligibility for various types of compensation is framed both in terms of the PAP categories in section as well as whether the individual PAP and affected property were present in the project affected area before the resettlement cutoff date. In functional terms, a resettlement cutoff date is the calendar limit on the project’s responsibility to compensate impacts, by specifically defining date after which the public ‘should know’ not to make improvements or settle on project land by virtue of public consultation and other communication efforts. There are ample cases in sub-Saharan Africa where individuals or groups deliberately establish themselves within a project footprint in anticipation of compensation benefit. The cutoff date concept protects project owners from this opportunistic and potentially costly phenomenon, which can significantly delay compensation of legitimate PAPs. The cutoff date is most times determined by the timing in which key project activities such as census,

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asset survey, aerial photography of project-affected area and data validation by competent authorities are completed. For the 220kV Kawanda-Masaka transmission project, the cut of date was set as the date when the sensitization and valuation exercise ended, i.e. 30 th October 2010 for the Diversion and 18 February 2008 for original route. Any structure or garden established in the project affected area after those dates shall be deemed speculative thus not eligible for compensation. This was explained to all parties involved during the sensitization and consultation exercise.

From the Consultant’s past experience, speculation was minimized by using a one-on-one approach to inform and sensitize the identified PAPs before print and mass media was used to inform the much wider public. All those who came after a list of bonafide PAPs had been developed had to prove beyond reasonable doubt they owned property before the cut-off date.

Affected households and persons that according to the WB policies are eligible for compensation will thus include:

All those who have formal legal rights to land (including customary and traditional rights) recognized under the laws of the country (Mailo Landowners, Leaseholders)

All those who did not have formal legal rights to land at the time the census began but had claims to such land or assets (Bibanja holders/bonafide occupants)

All those who have no recognizable legal right or claim to the land they are occupying but have property on the said land

Only those who had rights to property before the cut-off date

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Based on the findings of the socio-economic survey and census a number of scenarios have been discussed with the PAPs in order to determine their eligibility including loss of assets, loss of livelihoods and loss of severance. A number of ownership situations have been observed and compensation strategies developed. The figure below gives a framework for that analysis.

5.4.1 Loss of Assets

Guided by the Resettlement Policy Framework and the Families living on the ROW and the wayleave will have their structures destroyed. These structures include houses and business

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premises such as kiosks. The consultant undertook a comprehensive fieldwork to physically count and asses the nature of assets likely to be affected by the project albeit with challenges. Loss of assets will include:

• Loss structures (Kiosks, stalls, residential and other buildings)Loss of agricultural land

• Loss of Livelihoods: Some of the PAPs work at nearby centers and nearby roadside markets scattered along the main Masaka Highways. Others reside at the rear of their business establishment. Some business owners employ workers to within their establishments. Both the employers and the employees in the affected establishments may lose income while other PAPs earn an income by renting out their premises. In addition to this, it is observed that some PAPs have grown trees and food crops along the ROW and way-leaves trace for commercial purposes that are likely to be affected. Resultantly, these persons will not only experience loss of income but also loss of their customers and market for their products.

• Loss Due to Severance: In a number of cases, the transmission line will divide a piece of land into two or more portions. This increases the cost of working the land by additional fencing etc and some of the portions may be rendered uneconomic to manage. Under the land acquisition act CAP 295, this loses are taken care of by adding ex-gratia payment of 15% of the value of the assets acquired.

5.5 Compensation Strategy

In order to minimize the negative economic impact of improvement activities on agricultural activities compensation strategy for situation 1 has been proposed however with height limitations. In the case of annual crops, cultivation can continue on the same plot so as to operate within their land with minimal disruptions and/ or disturbances.

In the case of temporary structures, one approach is to allow these establishments to set up stalls/kiosks a few metres away from the project site. This will be effective for kiosks and stalls that rely on the business of the nearby residential community. Shops such as canteens,

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butchery, tailors and charcoal kiosks are good examples of businesses that can be relocated with their original market. This would require dialogue with local leadership so that the livelihoods of such persons are restored adequately. Vulcanizing shops, auto repair garages, photo development shops, and other shops reliant on close proximity to the road may be relocated to another piece of land if the new resettlement location allows easy access from the road. The table below gives an illustration of the ownership strategy and compensation strategy for transmission line that has been adopted in this resettlement action plan.

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. Table7: Illustration of the ownership strategy and compensation strategy for transmission line adopted from the resettlement handbook by IFC.

No Ownership Situation Strategies for compensation

1 Situation 1 Situation 1 The plot lies partly within the way leaves corridor and is partly Such persons were advised to continue cultivation may continue within the way leaves corridor un affected. No structure. subject to height limitations. The loss of value resulting from this limitation will be compensated for in cash. 2 Situation 2 Situation 2 The affected plot is partly within the right of way corridor, In preparing this plan, land in the way leave will be subject to same limitation as in situation 1 and partly within the way leaves corridor and partly unaffected. No loss of value will be compensated on same basis. All rights on land within the right of way will be structure. compensated for as if the land had been acquired. Perennial crops on this strip will be compensated as well. Land for land compensation will be offered as an option if remaining land is not sufficient for the household. 3 Situation 3 Situation 3 The whole plot is affected, with a part within the right of way Same as number 2. Land for land compensation will also be offered as an option if the household corridor and another within the way leaves corridor. No does not have sufficient land elsewhere. structure. 4 Situation 4 Situation 4 There is a structure in the affected part of the plot As far as land is concerned, situation 4 is same as situation2, but the structure has to be relocated. If the household can relocate within the unaffected part of their plot and the remainder is sustainable, same as situation 2, with the addition of the cash compensation for the structure. Otherwise an option between land for land and cash compensation will be offered together with a replacement structure if the household chooses land for land compensation. 5 Situation 5 Situation 5 The whole plot is affected and there is a structure within the The PAPs must move. They will be offered land for land compensation and a replacement house.

corridor. They may prefer cash compensation and relocate themselves. 6 Review Situation and Update 6 Kawanda Masaka 220kV, 137km T Line 5116008 | JuneSection 13, 2011 6 Page | 65

There is a structure in the unaffected part of the plot. The structure does not have to be removed. Situation 6 is the same as situation 2.

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5.6 Entitlements

‘Entitlement’ as used in RAP is a term introduced as an organizing concept for how compensation is assigned to individuals, and what type of compensation they receive. The process begins with linking an array of affected asset types to an interest or legal right, then to a potentially affected party who is deemed eligible or not according to specific conditions. If qualified, the affected party is then considered ‘entitled’ to an appropriate compensation package.

The right to benefits will only be granted to PAPs whose assets will be demolished and those who will have to move their assets to a different location. UETCL will use prevailing market rates for permanent structures, titled land and trees as practiced by the international valuation standards committee (2008) rules and The Institution of Surveyors of Uganda valuation rules. UETCL also has a policy that ensures that any cut or uprooted vegetation is left for owners use after compensation. Assets that are not vegetative would require valuation before compensation and resettlement. For the 220kV Kawanda-Masaka project, the primary asset types that were evaluated are agricultural land (of various tenure regimes), residential land, residential and non-residential structures and standing perennial crops. The concepts are summarized below.

Agricultural Land: Titled agricultural land for which restoration of equally productive land with equal legal standing is the required compensation entitlement

Untitled agricultural land for which is not replaced but rightful owner is compensated for any immovable assets or improvements, as well as any standing perennial crop

Rented agricultural land, which is not replaced, but the rightful owner is compensated for any immovable assets or improvements, as well as any standing perennial crops

Sharecropped agricultural land which is not replaced but the value of standing perennial crops is compensated through an equitable split with the concession holder, at a ratio of 70:30 for the sharecropper-concession holder

Residential Land: In the case of residential land replacement with similar lands having equivalent title or rights as well as access to public services with cash

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compensation provided for immovable assets is one option or Cash compensation taking into consideration the diminution (use value) with cash compensation for immovable assets

Undeveloped Land : For which there is no compensation entitlement unless parcels of comparable quality can be found to serve as replacements in resettlement area

Residential Structures : For owners, the compensation entitlement is replacement with equivalent o r better housing, on resettlement lands or cash compensation for the house at full replacement value plus 30% disturbance allowance. For tenants, the compensation entitlement is for full cost of moving to a new house plus a 30% disturbance allowance

Non Residential Structures: Compensation entitlement is the full replacement value plus a 30% disturbance allowance

Standing Perennial crops: Compensation will be the value of the crop plus a 30% disturbance allowance

Affected & Eligible Businesses: Affected and eligible businesses are entitled to compensation for the loss of income at full cost of resettling the business plus 30% disturbance allowance and replacement cost of immovable assets, again plus 30% disturbance allowance

Jobs at affected Businesses: Employees who lose permanent jobs are entitled to cash compensation in the amount of 3 months equivalent pay; non- permanent employees who lose their jobs are entitled to cash compensation in the amount equivalent to ninety days worked

S hrines: Affected and eligible parties are entitled to cash compensation of the structure at full replacement cost plus a 30% disturbance allowance as well as the cost of performing relocation rituals.

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Table 8 Entitlement matrix for the PAPs Type of Loss Eligibility Criteria Entitlement Restorative Rates

compensation Loss of Land Various interest and rights – all title Compensation – for the area of the land Determined by the holder, freeholder, leaseholder, tenant, affected at prevailing market value. Same as legal entitlement valuer on case by case licensee basis depending on location Main structure totally affected. Owners of structures including kiosks Compensation for the entire structure at Same as legal entitlement Replacement rates (Residential/Commercial) and stalls in the project area who have replacement cost as determined by the determined by the no title declaration to the land or other valuation committee without deduction valuers acceptable proof of ownership for salvaged building materials. Free transport for those who operate business in moveable containers such as fork lifting containers to relocation

sites. Business Losses Business owner Supplementary Assistance based: Same as legal entitlement Value of income lost Loss of business income Business owner - average net monthly profit, as well as the value of Loss of business goodwill Business employees/attendants - monthly rent passing, establishment of Loss of rented income - equivalent of rent advance to be access to the same Loss of wage income refunded opportunities - monthly wages earned,

Loss of business, Residential Business/commercial/Industrial tenant Supplementary Assistance Based: Same as legal entitlement Market rates Accommodation or Room Owner of building during the comparable open market rent for reinstatement period alternative accommodation based on specific period (reinstatement period); and transportation rates for the transfer of chattels or movable properties

Loss of location for temporary Owner of temporary structure Supplementary Assistance based on:- Same as legal entitlement Value of income lost structure – expense for transportation rates for transfer of as well as the value of moving structure structure establishment of access to the same opportunities Crops/Trees affected Owners of crops and trees Compensation for the crops and trees Same as legal entitlement District rates appended affected at prevailing market rates.

Other fixed assets and/or Owners of fixed assets and/or structures Compensation in cash for affected Same as legal entitlement Rates determined on Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page |Page | 69 structures portion of the structure including the case by case basis cost of restoring the remaining structure as determined by the valuation

5.7 Responsibility and Schedule of Compensation Payment

5.7.1 Valuation Process and Methodology

Through community sensitization meetings, the RAP development team addressed the PAPs a and gave them the : (i) The proposal to acquire the land; (ii) The public purpose for which the land is wanted; (iii) That the proposal or plan may be inspected by the UETCL officials ; (iv) That any person affected may, by written notice, object to the transaction giving reasons for doing so, to the entities cited above within a period to be specified at the time of publication of the Notice.

5.7.2 Valuation of Land

The land asset types identified under Ugandan Law are: • State Lands,

• Lands under traditional or customary rights.

Considering that there are forest reserves that have been affected and according to resettlement policy framework,, State owned land may be allocated free or sold on a commercial basis to individuals or communities by the Minister responsible for land administration. For cases where the state-owned land is being used by the public (for instance as settlements, for farming, for grazing or any other productive activity,) the individual or the community would be expected to pay compensation. Privately owned property, would have to be compensated for at the market value. The general guiding principle is that whoever was using the land to be acquired would be provided alternative land of equal size and quality.

In the case where land under the customary rights valuation methods for the affected land and assets should conform to customary laws and land assets would be valued and compensated for according to the following guidelines:

• compensation for assets and investments (including labor, crops, buildings, and other improvements) according to the provisions of the resettlement plan, • compensation rates that were replacement costs as of the date that the replacement that was provided, • the market prices for cash crops as per the district compensation rates,

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5.7.3 Calculations for Compensation Payments and Related Considerations

• for the loss of usufructuary rights over such lands in the case of land under customary tenure, and • for the market value of such lands in the case of freehold land.

In estimating the compensation to be given for any land or any estate therein or the potential profits thereof, the following were taken into account:

e) The value of such lands, estates or interests or profits at the time of the emission of the notice to acquire, and will not take into account any improvements or works made or constructed thereafter on the lands, f) That part only of the lands belonging to any entity /person acquired under this Act without consideration for the support of the value of the residue of the lands by reason of the proximity of any improvements or works to be made or constructed by the program, and g) The value of the lands acquired for public purposes but also to the damage, if any, to be sustained by the owner by reason of the injurious effects of severance of such lands from other lands belonging to such owner or occupier. h) For cash payments, compensation will be calculated in Ugandan currency adjusted for inflation. For compensation in kind, items such as land, houses, other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment may be included. Assistance may include moving allowance, transportation and labor.

5.7.4 Compensation Options

Results from the socio-economic survey undertaken in 2008 suggested that 90% of affected households preferred cash compensation, 6.4 % prefer in-kind compensation for the land lost and 2.6% were undecided. Furthermore, 72% of the affected people that would lose their houses preferred cash compensation while 28% preferred the in-kind option. This team observed that the strong preference for cash compensation irrespective of the size and type of loss could increase the risk of misappropriation of such funds hence increasing the vulnerability of the PAPs. Hence the team proposes that within the UETCL field team in charge of sensitization and awareness

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raising to focus in financial management skills in order that the resettlement assistance and livelihood restoration measures are adequately utilized by the PAPs. . Consultations with PAPs further revealed that cash compensation should be an option for the lightly affected households where income restoration support can manage to re-establish and increase household production and income from the remaining land. For the more heavily affected households, such as those who are losing houses and/or who will remain with plots of land that are insufficient for them to secure their livelihood and income, in-kind compensation and resettlement solutions should be negotiated and agreed to the largest possible extent. Alternatively, UETCL could negotiate a combination of in kind and cash compensation. 5.7.5 Compensation Packages

The compensation and resettlement bill will be composed of the following;

Value on housing, land, and crops due to the claimants who will not be resettled

Value to resettle claimants who will prefer resettlement

Value on cultural property for those who will prefer monetary compensation

Value on cultural property for those who will prefer relocation their properties based on cultural norms

Specifically, the following compensation categories were observed.

a.) Compensation for Land Compensation for land is aimed at providing for loss of crops and the labour used to cultivate the crop. Compensation relating to land will cover the market price of the land, the cost of the labour invested, as well as the replacement cost of the crop lost.

b.) Determination of Crop Compensation Rates Prevailing prices for cash crops would have to be determined. Each type of crop is to be compensated for, using the same rate. This rate should incorporate the value for the crop and the value for the labor to be invested in preparing new land. c.) Compensation Rates for Labor The value of labor invested in preparing agricultural land estimated at the average wage in the community for the same period of time. The labor cost for preparing replacement land that has been calculated on what it cost a farmer to create a replacement farmland.

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d.) Compensation for Buildings and Structures Compensation for buildings and other structures as a calculation of replacement costs for labor and construction materials of these structures including fences, water and sanitation facilities, etc, was used to calculate the values. Where part of the compensation is to be paid in cash the applicable replacement costs for construction materials were used to calculate the values. Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of the structure. The affected persons will also be allowed to salvage any materials from demolished structures. e.) Compensation for Vegetable Gardens Vegetables are planted and harvested for daily use. Until a replacement garden can be harvested, the family displaced (economically or physically) as a result of the program will thereafter have to be compensated at the purchase prices of these items on the market.

f.) Compensation for Horticultural, Floricultural and Fruit trees Given their significance to the local subsistence economy, fruit trees will be compensated on a combined replacement value. Fruit trees commonly used for commercial purposes in Uganda will be compensated at replacement value based on historical production statistics. g.) Compensation for Vulnerable People An additional allowance will be included for vulnerable groups who may be unable to resume agricultural production and\or be unable to benefit from retraining or income restitutions programs.

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Table 9 Summary on the Methodology for Valuation of Affected Properties Asset Basis of Compensation under Ugandan Law Land Valuation based on market rate of unimproved land plus a 15/30% disturbance allowance Permanent House Valuation on case-by-case basing on materials and at replacement cost plus a 15/30% disturbance allowance Non-Permanent House Valuation based on approved official district rates with type of material, and condition taken into account plus a 15/30% disturbance allowance Other Structures (Graves, toilets, plate Valuation based on the approved official district rates with racks, etc) type of material and condition taken into account plus a 15/30% disturbance allowance Crops/Trees Valuation based on the approved official district rates and a count plus a 15/30% disturbance allowance

5.7.6 Compensation Procedure

General guidelines on compensation payment suggest that payment should be made in the following ways: (a) By agreement between the project developer (public or private) and the PAPs or entities (individuals /households /communities; • The project developer will offer such sums deemed adequate as compensation to the entity who may accept that amount as compensation payable to him or her; • Such sums will be disbursed directly to the beneficiary entity with the relevant records of payments including the information stipulated in chapter 5 (land acquisition mechanism) consigned to the RAPs and the records of the appropriate local government authority. (District land board). (b) By court order on the amount of compensation where this has been the subject of litigation between the project developer and the Affected Entity. In this regard, this RAP development team recommends that a Compensation Payment Committee be formed to draw up a payment plan, which ensures payments do not delay. A verification team consisting of LC1 Official of the affected area and UETCL representative should

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be set up. The team shall work hand in hand with local authorities at village level before the actual payment takes place. After verification, compensation lists need to be updated before actual compensation can take place. This whole process should take eight weeks. The guiding principle in compensation is payment for the way leaves and right of way shall be done when all disagreements in a given section of the transmission line have been sorted out. Disclosure A compensation committee will carry out public disclosure of the compensation. We propose a 3-stage process below; • First stage disclosure meetings by the verification team at any convenient place in the affected villages with area LC1s to explain the principles of compensation for different types of loss. • Second stage disclosure meetings at village level with individual PAPs during which results of land and property assessment will be disclosed to them. The list of each affected individual with no amounts is then published. • Third disclosure meetings with individual affected households at an appropriate place in the affected village. At this stage, the proposed compensation for land and other affected properties will be discussed. Family members have to express their consent at this level as required by Section 40 of the Land Act. • If the deal is agreeable to both parties, a Compensation Certificate will then be signed. Payment Procedure Compensation should only be paid in cash if the amount is less than UGX 100,000 UGS otherwise payments should be made to bank accounts of beneficiaries. Beneficiary households should be encouraged to open bank accounts at banks of their choice.

The Compensation Recipient/Claimant

UETCL Compensation Committee Representative

The LC1 Chairperson

Independent Witness NGO Representative

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The Land Officer of the District

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6 RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION

This chapter details the specific component plans of the RAP in particular aspects of physical relocation of people and cultural resources, including selection of candidate resettlement sites, site preparation, construction, replacement of farm fields and assistance with moving; provisions for livelihood restoration, assistance during the transitional period, provisions for parties impacted during early construction and resettlement management.. In general the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW. Additionally from the data collected and analysed, UETCL will require about 120 acres for purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as storage or lay down area during construction. Owners of the latter land will have to be compensated for the disruption during the lifetime of construction activities. Included here below are resettlement and livelihood alternatives to be offered to affected household and people. These alternatives take into account the requirement of WB OP 4.12 (6a).

6.1 Relocation Planning

6.2 Eligibility for Physical Relocation

Households and persons eligible for resettlement will include all affected households whose principle place of abode (family home) is located within the transmission line corridor that will be permanently acquired and all households where the project takes over 50% of land leaving them with no economically viable livelihood.

6.3 In Kind Compensation Packages

Based on the eligibility, a number of resettlement categories were identified for those that are likely to be physically displaced; the next section is a presentation of these resettlement categories.

6.3.1 New Housing

Resettlement implies construction of residential houses and auxiliaries at the new sites. The new houses should be designed in consultation with those that will be physically displaced.

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6.3.2 Alternative Relocation Sites

From the socio-economic survey, most affected people especially the elderly preferred to be resettled within or as close as possible to their old communities/homes. Relocation within the old communities is possible for the rural areas but will involve negotiating with the mailo landowners for equivalent parcels of land. However resettlement sites were identified at Kanaani, Lukaaya, Kyalusowe and Bajja A within the same districts which the line traverses. 6.3.3 Replacement of Agricultural Land

Replacement of agricultural land for eligible PAPs will be dependent on availability of replacement agricultural land in sufficient size and potential. All sites identified will require preparatory work which may include;

Tree felling and bush clearing

Deep ploughing, preferably mechanical

The guiding principle in land allocation should be surface area for surface area (one square meter of lost land deserving one square meter of resettlement land) with a minimum area of 0.75 hectare per affected resident household. 6.3.4 Moving Allowance and Moving Assistance

Resettlers will be provided with a moving allowance of USD 200 per household subject to the household actually vacating the current land by the date agreed with UETCL. This allowance is intended to cover expenses such as vehicle hires and labor required moving personal belongings to new sites. Where salvaging of material is necessary, PAPs will be allowed to salvage any material from the structures they currently own. These materials (such as iron sheets, tiles, poles, and others) will be transported by the resettlers at their own cost. 6.3.5 Physical Relocation of Graves

The owners of the land where the graves are located expressed the need for assistance during their relocation if any is to take place. Compensation for property is included in the total compensation awards. However the design of the line is as much as possible avoiding any relocation of the shrines and graves. Based on the views of the affected persons, relocation of graves shall be based on cultural requirements. According to the Baganda culture, relocation of ancestors requires mobilization

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of clan members, logistics and necessary documentation. Animal sacrificing must be done before the bodies are exhumed and reburied. From the discussions with the affected persons, basic requirements needed to go through the ceremony successfully include; animals (goats, chicken and cows) for sacrifice, food, transport, materials for replacement of graves, and money for coordination and paying of labor. The cost of arranging rituals and relocating one grave is estimated at UGX 250,000 (or USD 150). For the 164 graves that will need relocation this will amount to USD 18,000.

6.4 Land requirement for Resettlement

Criteria for selecting candidate resettlement sites

Relative suitability of candidate sites

Steps necessary to finalize selection of candidate sites

Characterization of resettlement plots

6.4.1 Site Selection Criteria and Preparation

The candidate resettlement sites which include: Kanaani, Lukaaya, Kyalusowe and Bajja A villages were identified using the following criteria;

Proximity to the current location these sites are within the affected villages this avoids breaking up communities because the maintenance of the social networks linking members of the affected communities is critical to the successful adaptation of these communities to the new circumstances.

Availability of large tracts of uncultivated agricultural land, similar or larger in size to the current area

Suitable surface topography for establishment of a human settlement

Induced development as a result of in-migration

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6.4.2 Relative Suitability of Candidate Sites

Candidate sites were sought in areas that offered the closest possible proximity to the existing villages, while still placing relocated residents outside the sphere of project impacts. Preliminary reconnaissance of the sites was done. The initial valuation indicates the sites are suitable for resettlement purposes but in-depth analysis of water availability, topography and cultural acceptability are currently taking place.

6.4.3 Final Resettlement Site Selection

Final selection of resettlement sites of Kanaani, Lukaaya, Kyalusowe and Bajja A was guided by;

Presentation to communities of the pre-identified resettlement sites and discussion of their acceptability

Further discussion with Resettlement Committees

Selection of best site

Visit to selected sites with the Resettlement Committees

Validation of choice in general meetings with PAPs

Securing land on resettlement sites

Characterization of Resettlement Plots and Houses Houses will be replaced based on the following guidelines; Entitlement; the guiding principle will be ‘house for house where one replacement house will be provided to each affected residential house Every resettled household will receive one pit latrine, with double brick-lined pits regardless of the number of secondary houses Ancillary structures such as kitchens, sheds, racks will be compensated in cash with resettlers expected to rebuild them.

The team used experience from the Bujagali Interconnection Project and other projects in Sub-Saharan Africa to propose considerable detail on the dimensions, layout and construction of houses and ancillary facilities in the resettlement villages. The primary residence will be 60 square meters in total area and will have cement foundation, inside

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partitioned into four rooms, with fired plastered brick walls, corrugated iron roof and wooden doors and windows. Ancillary infrastructure considered for the resettlement villages included;

Roads, streets and other public spaces

Potable water, liquid and solid waste management structures and facilities

Community facilities including schools, churches, playgrounds and cemeteries.

6.5 Resettlement Scheduling

Resettlement implementation needs to be orderly and for this reason, a resettlement office/team is recommended. This office/team should contain at least a female member to take care of issues to do with female PAPs. Construction of new houses and relocation of people should be completed within the preparatory stage of construction and before the beginning of relevant engineering works. Affected houses should not be demolished until the beginning of the construction. At that stage all new houses will have been built. Thus, resettlement and relocation needs to be scheduled well ahead of the 6 months notice period from the cutoff date. Land evacuation should be before the beginning of construction works. Since the PAPs are to evacuate the land at the latest 6 months after compensation, UETCL should provide replacement agricultural land 6 months before evacuation so that evacuees can adequately prepare for the new agricultural season. Where a 6 months or more notice period is given, the PAPs are entitled to a 15% disturbance allowance on top of their total compensation. Where a shorter notification period is necessary, the PAPs will require a 30% disturbance allowance. For contingency planning a 30% disturbance allowance was used in determining compensation figures in the Valuation Report (Volume 2). Before physical relocation, it is important to ensure that all resettlers have:

been involved in the resettlement planning

timely received compensation entitlements

been provided with means to establishing livelihoods

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6.6 Land Requirement for Storage

The storage yard for the planned transmission line construction is expected to be the base for a fleet of standard vehicles characteristic of the anticipated project works. It is anticipated that the following vehicles and equipment will be required:

O ne large crane for handling goods within the storage yard;

T rucks of various sizes, some fitted with Hiab or Atlas-type hoists for unloading materials and equipment at each tower site;

M obile cranes;

T ractors with winches;

C able stringing pullers;

P ilot line winders;

C able stringing tensioners;

C able reel carriers;

T ruck/trailer mounted water tanks;

4 -wheel drive vehicles;

C ompressors with pneumatic equipment such as rock drills; and

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C oncrete mixers.

Twelve acre of Land per district will temporarily be required for storage of the above mentioned machinery and also for accommodation of some project staff who will have been imported from other regions especially the skilled manpower.

Selection and preparation for a storage site must be chosen through consultation with the owners of the land. The contractor will then hire the land or structure from the owners at an agreed rate. No equipment storage yards and camp sites will be established inside the protected areas, near natural water sources, ecological sensitive area and human sensitive areas.

After the construction of the line these sites must be decommissioned. Therefore, the practical decommissioning will involve the following:

Restoration the sites through levelling and re-vegetation measures;

Removal of obsolete equipment and associated equipment parts;

Demobilization and return of imported labour force after the project;

Grievance management mechanisms with the host communities before site closure;

Repairs of damaged roads and restoration of access routes and rout deviations;

Removal of construction debris and unused materials.

6.7 Cultural Mitigation Planning

6.7.1 Background

The construction of the 220kV Kawanda-Masaka transmission line project will affect several cultural properties, artefacts and other places of cultural significance, including graves and/or graveyards. UETCL will continue to hold consultations with caretakers of these identified properties/artefacts and come up with proposals for assistance in their appeasement and relocation.

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Some of these properties will be directly affected by the right of way which will be fully acquired by UETCL while others will be in the way leaves which will be affected by the easement. In either case, the restrictions will deny the current owners/caretakers and/or users of such property rights to free use or access thereby impeding them from excavation or construction. This effect cuts across all the cultural properties as outlined later regardless of actual location of the item(s) within the corridor. It is therefore logical for UETCL to facilitate the processes of total relocation. 6.7.2 General Objective:

The overall objective of the Culture Mitigation P Ian (CMP) is to ensure that the project is implemented with full regard and respect to the traditional beliefs and practices of the affected persons/societies while equally ensuring that the acquired corridor is free from encumbrance of any issue. Thus, UETCL will facilitate the transfer and settlement of the cultural artifacts found within the designated corridor and where necessary preserve as much as possible all cultural religious spirits/objects found therein, basing on the full knowledge of the project area inhabitants through intensive and extensive consultations. 6.7.3 The Properties

The properties under' consideration will be limited to the following four major categories; • Graves or graveyards (burial grounds) • Shrines (with physical manmade structures known as amasabo • Shrines (with natural physical symbolic elements like trees, rocks, etc) • Places of worship; churches and mosques. 6.7.4 The Approaches

During the assessments and consultations, participatory approaches were used and involved the following stakeholders;

1. Individual concerned stakeholders/households. (caretakers) 2. Village culture committees. 3. Uganda Traditional Healers and Herbalists Association ( for the cases of healing shrines) 4.The Kingdom of Buganda for guidance and policy 5.Local administration leaders. 6. Independent Witness NGO. 7. District departments in-charge of culture issues (Community based services departments).

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8. Ministry of Tourism, Wildlife and antiquities. 9. Steering and management committees of churches/mosques.

In general, the approaches proposed in this document are based on the assumptions outlined below;

• Relocation procedures need to be undertaken before construction work commences to ensure that traditional religious beliefs and practices are respected and to the extent possible cultural objects are preserved. • Spirits/objects must be found new dwelling places and the transfer and settlement rituals carried out by facilitating the caretakers. • Members of the project team, particularly those that are new to the area should be made aware of the customs, beliefs and practices and ensure that they are respected. Graves and shrines were compensated for as fixtures but this did not include the expenses for the relocation or appeasement rituals. Places of worship like Churches and mosques were taken as affected structures but with an understanding that the effect spreads to the community’s belief system and not just an individual. Most importantly, facilitation of the rituals or processes of relocation/appeasement by

UETCL will be limited to only the key elements highlighted in the consultations.

Facilitation for Churches and Mosques; Since these institutions serve the surrounding communities in terms of upholding the belief systems and normative behavior, UETCL will use an approach of restoring such institutions in a better condition and as much as possible within the same localities. UETCL will align restoration package to the overall resettlement package and will offer building materials and labour money, including a moving allowance for the furniture and other items. Identification of sites for the restoration of the institutions will b y the institutions Management committees thus will not constitute a cost to UETCL.

Facilitation for relocation of Burial grounds

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Taking cognizance of the importance that Africans attach to the dead, UETCL has taken measures to assist in the ceremonies, rites and rituals for the relocation of graves or burial grounds if any takes place. From the consultations held, the practices are somewhat similar in terms of the material needs and requirements regardless of tribe and only differ in the distance of relocation as well as detail of rituals. In this regard, UETCL will facilitate relocation activities by providing funds for the items listed in table 10 below;

Table10 : Items Required for Relocation of Burial Grounds No. ITEM AMOUNT 1. W Labor for exhuming 20,000/= per grave 2. Wrappings (Bark cloth & 40,000/= per body 3. Rit Rituals (Chicken) 20,000/= per grave 4. Rel Religious/Cultural 100,000/=(Fixed) 5. Tra Transport (for 50km 300,000/=(Fixed) 6. Lal Local brew (40Itrs) 40,000/=(Fixed)

However, the total package will depend on the number of graves to be relocated. Facilitation for the Appeasement of spirits and relocation of shrines;

In similar manner, UETCL recognizes the importance that people attach to certain cultural practices and beliefs in as far as the spiritual aspects are concerned. In most African communities, shrines and their caretakers are regarded highly and revere d as places of worship or personification of spirits. It is from this background that the approach for assistance in the relocation activities is tied to the outcome of consultations with the caretakers of shrines as well as the cultural bodies managing and coordinating the practices. Considering that the fixtures/structures have been compensated for during the general compensation, UETCL will provide funds for the appeasement ceremonies and relocation activities specifically to cover the following aspects shown in table 11 below;

Table 11: Aspects to be covered during Compensation

ITEM UNIT AMOUNT (@) TOTAL (UGX) Muswezi 1 120,000 120,000 Cow (Local) 1 300,000 300,000

Goat (local) 1 60,000 60,000

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Sheep (Local) 1 80,000 80,000 Birds (Hens & Pigeons) 4 13,000 52,000 Backcloth 1 20,000 20,000 Tobacco (sheath) 1 10,000 10,000 Local Brew (ferry cans) 2 25,000 50,000 Coffee beans (bunch) 1 5,000 5,000

TOTAL 698,000/=

This commitment for facilitation is in line with best international practice basing on general lender guidelines and safeguard policies. Individual facilitation packages will be processed and approved once this general approach has been approved by the project manager.

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7 COSTS AND BUDGET

7.1 Resettlement Costs

An estimate of the replacement costs of the structures to be demolished along the power lines construction and from the power sub-stations in Kawanda and Kyabakuza in Masaka has been carried out by a licensed valuer appointed by UETCL for the exercise. It is from this that the compensation amount of the affected households will be determined

The compensation budget for the project affected persons so far computed amounts to UG Shillings 30,232,095,086.20 including 1.5% of the transmission line project costs of for implementation of the RAP by an external agency see table 12 below for details.

Table12 Estimated Resettlement Costs

Category Amount 1. Total Valuation of Land 17,830,412,683.49 2. Valuation for crops/plants 2,465,165,880.00 3. Valuation for buildings/improvements 5,604,695,659.01 Sub-Total 25,900,274,222.50 4. Disturbance allowance 15% 3,885,041,133.37 Sub-Total 29,785,315,355.87 5. External Implementation agency 1.5% 446,779,730.33 Grand Total 30,232,095,086.20

7.2 Lessons Learnt and Best Practices

According to the Ugandan resettlement practices, UETCL will be responsible for the financing of land acquisition and resettlement costs under the project. UETCL will also sign compensation agreements with the PAPs when they receive the compensation packages. However, drawing from the Consultants experience from RAP activities in the region, land-for-land compensation should be favored since it protects the more vulnerable in the community especially females and children. Experience has shown that cash compensation is less beneficial to these categories of PAPs as it is subject to abuse by the male beneficiaries. This is truer in the rural Ugandan setting where women

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and children have little say in family affairs. Implementation of Section 40 of the Land Act (Consent of spouses must be sought) will put the female spouses at equal level. Further, it is important that values set for the properties are agreed on by both the Chief Government Valuer (CGV) on one part and the Project Affected persons on the other, and published. In addition disclosure of entitlements to each household is very critical to avoid the PAPs disowning both the valuation rates and the entitlement packages prepared for each household.

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8 ORGANISATIONAL RESPONSIBILITY AND IMPLEMENTATION PLAN

The project implementation timeframe is not definite as the start date was not indicated in the TOR. However, all the residents in the corridor including PAPs were eager to be given clear timeframe as well as be furnished with the duration (months) they will be served with notices to relocate.

8.1 RAP Implementation

The RAP anticipates that the project implementation schedule will consist of three phases namely preparation, implementation and post implementation. It mainly will include works such as clearing of the access roads, areas for materials and construction workers’ camps. The resettlement schedule for land acquisition, house demolishment and relocation will be coordinated with UETCL. The implementation of the RAP will be undertaken by an external agency that will report to UETCL and requiring collaboration from all the stakeholders. This requires a properly constituted structure for the administration of the same.

The RAP Implementation schedule and key activities anticipated prior to, during and after are outlined in the following table 13:

Table13 : RAP Implementation Schedule and Key Activities

Activities Period Investigations on the prevailing Socio-Economic and First 8 Months Environmental conditions, undertaking a detailed RAP, drawing resettlement schedules and finalization of Investment costs. Constituting and operationalization of all Resettlement agencies 5 Months including training of staff Awareness Campaigns Continuous Identification and agreement with PAPs, construction of access 7-9 Months roads to materials sites and workers camp Construction of the transmission line Months 18 onwards Post-construction period e.g monitoring of PAPs progress and Within the lifespan of the project functioning of the facilities

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8.2 Organisational Responsibility

The organizational structure elaborates on the roles of various stakeholders in the implementation and administration of the RAP. It further clarifies the roles of PAPs and their responsibility in the entire exercise. Box 1.

UETCL Related Local

Government Resettlement Unit Departments like

Lands Tribunals,

LCs

Monitoring Team PAP Committee

PAPs

8.2.1 UETCL – Resettlement Unit

The structure of the unit shall be as follows: Legal Advisor, Surveyor, Transmission line Engineer, Social-economist, Transmission line RoW and Way leaves Officer, an Environment Officer, Community Liaison Officer, Database Officer, and Registered Valuer. UETCL Resettlement Unit will be responsible for: i. Oversee the implementation of the RAP ii. Oversee the formation of the PAP committee (PC) iii. Ensure maximum participation of the affected people in the planning of their own resettlement and post resettlement circumstances.

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iv. Accept financial responsibility for paying payment or compensation and other designated resettlement related costs. v. Ensure detailed valuation of the structures in order to determine the case to case value of each component of the project and agree upon a value for compensation. vi. Pay the people compensation to amounts agreed. vii. Ensure monitoring and evaluation of the PAPs and the undertaking of appropriate remedial action to deal with grievances to ensure that income restoration are satisfactorily implemented. viii. Ensure initial baseline data is collected for the purpose of monitoring and evaluation report as per the indicators provided by the RAP.

8.2.2 PAP Committee (PC)

Under the guidance and coordination of UETCL, the PC will be formed one week after the formation of the UETCL Resettlement Unit which will act as a voice PAPs. The committee shall comprise of following: two PAP representatives, LC representative, District Valuer, District Surveyor, District land Adjudication and settlement officer and District Social Development Officer and Sub-county/Parish Community Development Officers. The PC will be concerned with the following; i. Public Awareness: - includes extensive consultation with the affected people so that they can air their concerns, interests and grievances. ii. Compensation; Involves ratifying compensation rates and also serves as dispute resolution body to negotiate and solve any problem that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate grievance procedures laid out in this RAP.

8.2.3 Related Local Government Departments

i. Guide the compensation exercise by providing valuation approved valuation rates ii. Participate in the grievances that may arise iii. Provide the legal guidance and participate in grievance mechanism incase the PC fails.

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9 PUBLIC CONSULTATION AND DISCLOSURE

9.1 Introduction

To meet this requirement, the RAP team held public consultations in areas that were considered hot spots (areas with high settlements and heavy encroachments) along the existing power line. These included Senge village, Kayinga village, Kawoko village, Kigoma village and Kagaba-Nanuwojo villages in Wakiso, Membe, Mpami-Lufuka, Kalagala B, Kalagala – Lwanga, Kalagala – ziwungwe, Mpambire, Nambi, Bubuule, Bukooza, Kiswa A,Bwamulamira, Nabbuzi, Kyabadaza-Ntula, Kabuye-Bumbu, Kabuye-Ntayi, Buwama B, Kasibikamu, Maggya, Kanaani, Mbizzinya, Nabusanke, Kasuubo, Jandira, Lubanga and Kayunga in Mpigi district. The updating exercise is still going on in the following villages: Lutente, Lumumba, Kalungi, Mwota, Nabisoga, Bajjaa, Kayunga, Lukuli, Kasas west, Makoko, Kisanje West, Lutengo, Kabale, Vvuma, Matanga, kiwanyizi, Kaddugala- Nsagamu, Kyalusowe, kalagala, Mulema, Kitenga, Kalagala kiteredde, Kamugobwa Namasenene, Mwalo and Luteete in Masaka district.

During the field study, the RAP team was interested in gathering views about community perceptions and fears about the proposed transmission line project in order to build consensus and support for the project. The main issues of socio-economic concern were cultural and communal property, cultural and social cohesion, and community mobilization for the project, community participation in identification of resettlement alternatives and identification and protection of the interests of vulnerable groups. During the consultation meetings issues discussed included socio-economic impacts that might arise due to the project, how to minimize these impacts and compensation modalities.

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9.2 Stakeholder Analysis

9.2.1 Stake Holders Consulted

Stakeholders are groups of people connected to one another through formal or informal ties, which have something to gain or lose from a proposed development initiative. Stakeholders in any project will include various social groups, formal and informal agencies in public and private sectors and NGOs/CBOs. NGOs/CBOs are particularly beneficial for the development plans when they work together in coalitions, pooling their resources and lobbying efforts.

A number of key stakeholders were involved in the community participation component of the RAP baseline study. Consultations were done through Village meetings, focus group discussions, key informant interviews and socio-economic surveys.

Consultations were carried out with four groups of stakeholders, namely;

Directly affected persons

Indirectly affected persons

Government Agencies

Non-Government Organizations

Directly Affected Persons The directly affected persons are the people who reside in or derive their livelihood from the zone of direct impact (ROW & Way Leaves). The directly affected persons were consulted about relocation, livelihood and income restoration possibilities. The directly affected persons will be the core target of the socio-economic census during the resettlement action plan.

Indirectly affected Persons This group included persons who reside near the project area or rely on resources (such as water, pasture land, wetlands etc) likely to be affected by the project. This group of stakeholders will have to change or adjust their living patterns when the construction of the transmission line starts.

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Government Agencies

Under the present arrangement of decentralized system of governance, power belongs to the people and therefore, the role of the local communities in decision-making is critical. Most importantly, the Local Council II now best handles land issues. The LC system will facilitate easy identification of genuine owners of property likely to be affected.

The Local leaders, mainly LCIs and LCVs of the districts of Wakiso and Mpigi were consulted. Other officials consulted were District Environment Officers, RDCs, District Engineers and Chief Administrative Officers.

Central, Local government and private agencies responsible for ensuring a healthy environment were also consulted. The agencies consulted were:

National Environment Management Authority

Local Government Departments

Wetlands Inspection Division

National Social Security fund

Kawanda Agricultural Research Institute

Uganda Electricity Distribution

Ministry of Energy and Mineral Development

Electricity Regulatory Authority

Non-Government Organizations and private institutions NGOs and private institutions operating in the districts through which the proposed transmission line passes were consulted about their experience on implementing projects within the community. The NGO opinions on restoration strategies and fund handling during compensation were of particular interest. These institutions include Buganda Land board, National Social Security fund and others.

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Table 2: Summary of Stakeholder Analysis STAKEHOLDER IDENTITY FUNCTION INTEREST Uganda Electricity Transmission Co. Ltd Implementing the project Achieving project targets Project Sponsor Planning and Project

Development Controlling budget activities Liability to the PAPs Ministry of Finance, Planning & Economic Development (MFPED) Providing financial Ensuring adequate resources for expropriation budget is allocated to the and resettlement project Providing financial Providing cash flows resources for micro-credit for income and livelihood restoration Ministry of Lands and Urban Planning

Approving District Ensuring that valuation Office of Chief Valuation Rates rates are consistent with Government Valuer relevant provision of the (CGV) Approving expropriation Constitution and Land and Resettlement Budget Act Controlling cadastral Approving cadastral

Relevant Government Departments Government Departments Relevant Commissioner Surveys & works and plans maps of project affected Mapping (CSM) areas Registering and Transfer Ensuring genuine titles Lands Office (LO) of Land Titles are owned and transferred Ministry of Water, Wetlands and Environment Controlling Ensuring that effects of National Environment environmental issues the project on Management Authority, during project environment are (NEMA) implementation minimized Ensuring CRFs are not National Forestry Controlling Central Reserve degraded during project Authority, (NFA) Forests implementation Directorate of Water Development, (DWD)

Relevant Government Departments Departments Government Relevant Ministry of Energy & Mineral Development

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Energy production and Decision for the management of mineral implementation of the development in Uganda project

Request for degazetting of portions to be acquired for the transmission line Administration and Ensuring resettlement is development of the district executed according to Execution of public law services Ensuring PAPs are taken care of Coordination between local government organizations and District Local relevant stakeholders Government (Wakiso, Losing administrative Mpigi, Masaka) buildings Monitoring resettlement Local Governments Local and execution of administrative works Monitoring construction of relocation sites Formation of local resettlement committees Providing information and assistance for resettlement implementation Main channels of communication during Representing communities LCI Councils (Wakiso, resettlement Mpigi and Masaka Executing administrative implementation Districts) management of the Act as local key villages informants

Local Governments Governments Local Identifying and verifying rights to property lost To avoid/minimize any adverse effects of the project PAPs whose houses, Losing their assets associated structures Getting a commensurate and/or lands are affected expropriation PAPs who would be Losing their sources of economically displaced income without taking

Persons (PAPs) Persons due to adverse impacts any expropriation Project Affected Project Affected of the project

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PAPs who do not have Losing social support any physical assets or networks and/or land but secure their customary rights to livelihood through social common properties and support networks and/or means of livelihood customary rights to common properties in the project affected areas Project impacts more Potentially Vulnerable negatively to people who Groups are relatively powerless Limitation in access to common properties Various resettlement May face difficulties in

Host Host sites getting used to new

Populations Populations people

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9.3 Stakeholder Engagement

Project stakeholders include communities, groups, individuals and organizations likely to be affected directly or indirectly or may exert positive or negative influence on the project. The community perspectives study was done using Focus Group Discussions (FGDs) with men, women, the elderly, youth, widows/orphans and disabled persons along the transmission line corridor in the two districts .

Other methods used by the RAP team include key informant interviews/meetings held with key stakeholders throughout the transmission line corridor and household survey questionnaires with a sample of household heads of the directly affected households.

Before the meetings were convened, members of the RAP team visited a Local Council I leader to introduce the subject and assist to mobilize the community, who own land along the transmission line corridor, for a meeting. Letters of introduction were issued by UETCL to all Local Councils and District authorities for the purpose were given. Others in attendance include Local Council executives, the community affected persons, local councilors, opinion leaders, and other residents of the area who may be interested. Annex 3 of the report gives a full list of people consulted.

9.3.1 Approach And Thematic Areas

Community consultation and sensitization involved a participatory approach in which the RAP team described the pre-, during, and post- construction activities planned and informed the community about the compensation and resettlement issues as well the schedule of activities. Then the community was given opportunity to respond by asking questions or making comments about the planned project activities.

The following emerged as key themes of the consultations;

Community sensitizations

Cultural and Communal Property

Community Participation in the Project

Compensation and Resettlement Alternatives

Entitlement Cut-Off

Vulnerability

Grievance Redress

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9.3.2 Community Sensitisation

During the meetings community members were informed that this activity (RAP process) was mandatory and a legal requirement by the laws of Uganda. They were informed that projects of this magnitude had great impact on their livelihood therefore their views were vital.

In all the meetings, a majority of the participants were aware of the project but expressed fears that they were subjected to threats of forceful eviction without compensation in the previous consultations. Participants emphasized that proper community consultation by professionals should be carried out if this project is to progress with minimum interruption the community. The quotation below summarize the mood of some of the affected persons.

“Am stressed and am living under fear. I don’t know what do because I have been told that they are going to demolish my house. I have been told not to add anything thing to the house because they took its pictures. I need to know when construction of the power line will begin and when compensation will be effected” ( said Mr. … of Kigoma village, Wakiso district)’’ .

The district officials also emphasized the need for clear and proper information dissemination because most rural community members are illiterate. The DEO Wakiso district suggested that Local Council leaders should be sensitized first before the communities are consulted. Sensitizations could take the form of workshops for local leadership and radio talk shows and spot messages for the general communities. The district leaders however pledged to help in the mobilization and sensitization of the communities. The quotations below capture the concerns of the local leadership in the districts.

“These are very important Government programs because they benefit the whole country so it is better if the local council committees in the affected areas are all sensitized before the community is involved because these people play a very role especially where it comes in convincing the local people.” (District Environment Officer Wakiso District)’’.

The team has recommended a number of information sharing mechanism in this plan in order to allay these fears.

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Compensation and Grievance Redress The RAP team highlighted to the community the available compensation packages and the issues pertaining to each. The land for land compensation and the cash for land options were discussed. The option of paying land for land was discussed with the community and it was found out that it is associated with looking for land, negotiating for a price with willing sellers, before it can be transferred to the affected persons. However the decisions to take land for land were made on individual basis and most of the PAPs preferred cash compensation. The project affected people also agreed that a third party will review the disputes that the parties will encounter during the actual compensation process.

Moreover, to ensure cash compensation paid is not wasted, they were also informed that a local Non Governmental Organization will be engaged to sensitize them on how to gainfully utilize the money paid to them. This is so because in most cases community members have tended to misuse the money only to end up being in worse situation than before the project was implemented.

Another issue of contention is the timing of compensation. Communities expressed unhappiness with the way compensation is handled in Uganda. The community members were further informed that during the compensation exercise, agreements will be signed between the two parties to ensure smooth compensation process, which is transparent. Each of the landowners shall sign on the verification form and witnessed by the LC1 Chairperson of the respective village. The LC1 Chairperson shall counter sign a certificate of completion.

They were however concerned about the absentee landlords and some family members who may not be available during the compensation period. The team informed them that all efforts will taken to ensure that the right full owners or family members are contacted before the compensation is finalized. They were also informed that the whole process takes some time to be complete so they were advised to inform their landlords and relatives about the proposed developments early enough. Emphasis was also put on the need for the PAPs to open Bank accounts and provide their photographs.

Vulnerability Community members, local leaders and district technocrats expressed concerns about what would be done to people who may be affected more by the project. From the discussions, the potentially vulnerable in the project area include the elderly, widows/widowers, single mothers, disabled persons, and child headed families. A good number of the vulnerable people were Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 102

identified during the RAP and details are in Annex 4. The concern of this group of PAPs is getting in-kind compensation since they may not have the energy to establish new homes by themselves.

Cultural and Communal Property The communities were requested to identify cultural and community properties (such as cultural sites and graves) in or near the transmission line corridor that could be affected by the project. From the meetings it emerged that some graves are located within the transmission line corridor. Some of the graves are cemented therefore are easily visible wherever they are located. Other properties may be cultural sites used for cultural ceremonies and traditional healing although these were not identified during the RAP. The communities were informed that no towers will be in the graves site areas and individual households will make decisions on whether to relocate them or not since they are below the vertical clearance height of 7.5 meters.

Community Participation in the Project The RAP team outlined to the community the procedures on how they will participate and get involved in the proposed project. They were informed that at each stage of the project, the community would be informed through their Local Council leaders. They were further informed that in the detailed RAP to be carried out and that there would be more consultations, identification and valuation of property.

Community members were requested to participate in the RAP study since it is from that study that the basis of compensation and other issues will be addressed. The findings of the RAP study would be disclosed to them through subsequent community meetings.

Entitlement and Cut-Off Dates Members of the communities expressed uncertainty whether they should stop making developments in their land since the project is taking the land. Members were informed that during the RAP implementation, all identified affected property will be counted in their presence Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 103

and valuations disclosed to the affected households. After agreeing on this information with a number to a property, PAPs will be given a letter of notification indicating that any development after that date will not be considered for compensation. The date a person gets the notification will be the cut-off date and for this RAP the cut – off-dates are 18/February 2008 for the original line route and 30 th October 2010 for the diversion. However, the developer will take the necessary care to ensure that the names of persons omitted during the field survey are included and undervalued assets are re-valued accordingly.

Grievance Redress Community members expressed fear of their property being taken against their terms. Members were informed that whatever payment they get will be determined according to the provisions of the law. If they are not happy with the payments, they can raise the matter with the project developer, which in this case is UETCL. Where they fail to reach mutual agreement with UETCL, they can go to the village grievance committee specifically set up to handle differences of opinion. To ensure transparency, the village committee will comprise of representatives of the project affected persons, Local Council officials of the village, and opinion leaders in the village. It was recommended that a local NGO/CBO would be incorporated as an independent third party, to advise the developer on the best ways to resolve the compensation grievances. The third party is essential in conflict resolution because both sides of the conflict may not respect the decisions taken by the developer or grievances from the persons affected by the project.

Public Disclosure Plan The Ugandan laws and World Bank policy on Involuntary resettlement guidelines within which this RAP was done require communities consulted to be informed of the decisions made from the study. The views gathered during the RAP process were analyzed and incorporated in this RAP report. The project sponsor (UETCL) will distribute copies of the report to the relevant stakeholders and the communities consulted. Any issues that may have been omitted will be incorporated and dealt with accordingly. Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 104

9.4 Stakeholder Consultations

Stakeholder Views

The community members were generally positive about the project except those from Kawanda - Bulenga section who were bitter about non-compensation and disruption by the earlier Bujagali Project. Relevant Government Departments (both central and local) agreed that the project should be implemented provided proper mitigation measures are timely planned and implemented. A summary of the key issues raised during the review and update are detailed below and the key consultation message passed is in Appendix 5 of this report . . Summary of Pertinent Issues

Valuers should work with local authorities (Chairpersons LCI) to ensure honesty, transparency and community participation

People should not be prohibited from using their properties till compensation has been paid. An example was given of the Bujagali project where people were stopped from developeing or using their assets yet almost ten years down the road no compensation has been made.

People should be compensated for property lost before construction of the transmission line.

The time lag between valuing and compensation should be minimal so that people get value for their properties. An example was given of the Bujagali Project where to date people whose lives were disrupted have not yet been paid to date.

The community should be given first priority in labor and local material (such as sand, bricks, water, housing) provision

Communities should be given timely feedback on the status of the project

Kawanda – Masaka line should only be constructed after those affected by the Bujagali line have been fully compensated

Water sources which will be destroyed during the construction of the transmission line should be replaced or relocated

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Nearby projects (such as Health Centers, Clinics, Schools) which benefit the community should be connected to electricity grid as part of social responsibility of the part of UETCL

UETCL should, as part of social responsibility, construct staff housing in Health Centers to enable employment of qualified medical personnel

UETCL should, as part of their social responsibility in skill impartment to school leavers in the project area, boost Vocational/Technical Institutions in the project area with tools and equipment

Quality of power in the project area should be improved by installing transformers in key towns and trading centers

UETCL should compensate property at the current market value otherwise it is ridiculous to compensate a plot of land, which currently goes for 20 million with 2 million!

UETCL should, as part of social responsibility, upgrade key roads and improve unprotected water sources by protecting them against pollution

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Table 15 pertinent issues raised by PAPs and Responses

S/No. ISSUE RESPONSE 1 My house was knocked Some projects (just like this one) inevitably down by AES (under lead to destruction of property, but another project), have compensation must be made before the you come with another property is destroyed however, with the destructive project? improvement in technology surveyors now use GPS to locate the angle points and use non-destructive materials like reflective ribbons to show the ROW and Way leaves therefore you are not going to experience that anymore.

2 Why don't those who During the construction of the power line, build these lines employ priority will be given to local people during the residents of the area employment process instead of giving the jobs to other people?

3 Will UETCL pay people Whichever line is constructed first, the project who were affected by affected persons will be compensated before the Kawanda-Mutundwe actual construction. These are big projects line before starting the whose planning takes time before Kawanda-Masaka implementation project?

4 Will the damage No damage will be incurred during survey, but incurred during where it is unavoidable to cut down plants, surveying be paid up such plants will be inventoried for front? compensation purposes

5 Why does UETCL at UETCL does not change lines without times change the lines informing the people who are likely to be without people's affected. This is why we are carrying out knowledge? these sensitization and consultation meetings to inform the PAPs about the planned activities

6 Why does UETCL not UETCL would very much like to do that but let their lines pass near you must have seen these lines are swamps, which belong constructed such that they are straight for a to government instead long distance, which inevitably makes them of disturbing us on our pass through peoples land. Secondly, land? constructing a line in a swamp is very expensive. UETCL needs to balance costs since the money for construction comes as loans that our Government has to pay back. We all know that Government gets money from us tax payers. If that were done then Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 108 Government would be forced to increase taxes that we pay 7 Shall we be informed of Yes, survey will be carried out in conjunction when the surveyors will with local leaders who will be informing you

9.5 Conclusion

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10 GRIEVANCE RESOLUTION MECHANISMS

This chapter explains the procedures for settling or redressing grievances and complaints from the PAPs. The grievances and complaints could be about land expropriation, resettlement, activities associated with the construction of the transmission line, social issues or any other subject related to the project. For effective implementation of the project, grievances and complaints should be redressed from project start through end of monitoring. All grievances and complaints should be recorded and processed at all stages of the project implementation.

Sometimes complaints and grievances arise from lack of information. Information on resettlement and progress of the project will be provided to PAPs. Providing information about the resettlement and progress of the project to the public, PAPs as well as other stakeholders will increase their understanding of the process and will provide answers to their concerns.

10.1 Aim Of Grievance Redress Procedure

The following guiding principles shall be followed during grievance and complaint redressing; Resolve PAPs grievances and complaints in a straightforward and accessible manner Identify and implement appropriate and mutually acceptable actions to redress complaints Make sure complainants are satisfied with outcomes of the corrective actions Resort to judicial proceedings only if necessary

10.2 Types Of Grievances

During the implementation of the project, there is a likelihood of disputes/disagreements arising between UETCL and PAPs because of either construction or expropriation or resettlement activities.

The grievances likely to occur during construction activities may be related to; Damage to buildings and assets

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Disruption or damage to local roads Closure of pathways Damage to un expropriated assets such as land, crops and trees Failure to reinstate immovable assets after temporary use such as occurs during establishment of easements or property rental Nuisance from dust, noise and vibration Disruption or damage to water sources and infrastructure Water course alteration Increase in traffic loads Health problems, injuries and accidents Damage to utility infrastructure Misconduct of project personnel and workers Unfair recruitment of employees to project related jobs

During expropriation, the following complaints may occur Disputed compensation (land, crops and immovable asset) amounts Disputed survey measurements Improper identification of property owners Unregistered land users Disputed compensation for tenants and occupants Loss of income to traders due to loss of commercial facilities or decrease in customers Misconduct of project personnel and workers

With regard to resettlement the likely disagreements may include;

Failure to get entitlements yet the place of occupancy is taken or somehow indirectly affected

Need to get into project assisted resettlement when it had not been applied for

Problems between resettlers and residents (host community) in the new sites

10.3 Grievance Redress Mechanism

WB OP 4.12 Para 13 (a) requires establishment of appropriate and accessible grievance mechanisms to resolve disputes in connection with resettlement and compensation.

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Stage 1: Village Grievance Committees

Village Grievance Committees with the following membership should be established to resolve complaints using customary rules

The Sub County Chief

LCII Chairperson

The LC I Chairman,

the Secretary for Women/Children's affairs

1 opinion leader

2 representatives of the PAPs (1 female and 1 male)

1 representative of UETCL

Complaints by the PAPs on compensation or property loss shall be put verbally or in writing to the grievance committee. The village committee should be able to deal with the grievance within three days of receipt of the complaint from the affected person.

Stage 2: The Land Tribunals Where the village committee cannot resolve the complaint, the complaint should be referred to the District Land Tribunal. The District Land Tribunal shall invite the complainant to produce documents that support the claims. The Land Tribunal should decide within one week. However reality on the ground shows that the District Land Tribunals do not have the capacity to meet regularly to solve land issues. The practice is that the person with grievances normally has to provide funds in terms of transport, lunch and some allowance for the committee members. It is therefore important that village grievance committees involve the technical staff at the sub-county level like counselor for production given that some of these grievances are related to social services like roads, water and other community resources that are the mandate of the local Government staff.

Stage 3 : Courts of Law

Where the Land Tribunals cannot solve the dispute, the aggrieved party is free to evoke their constitutional right to go competent Uganda Courts of Law. We suggest this should be a last resort mechanism as this is timely and costly.

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10.4 Institutional Arrangement For Grievance Redress

To implement this 3-stage mechanism, a Resettlement Unit and Village Grievance Committees should be set up to coordinate the implementation of the RAP. The resettlement unit shall be responsible for the formation of village grievance committees where most of the complaints are handled. The resettlement unit shall be comprised of five officers and headed by a Resettlement Coordinator. At least two members of the unit should be women to take care of issues specific to women PAPs. The persons recruited to this unit must be technical in the field of RAP implementation. This unit shall be answerable to the Projects Manager at UETCL.

The objective of the resettlement unit is to define the roles and responsibilities for the implementation of the RAP and ensure the activities are undertaken in a coordinated manner. The resettlement unit will have authority to ensure coordination and proper implementation through monitoring, grievance processing, and public information and consultation activities. This unit will be the planning body for timely and successful implementation of the RAP.

The resettlement unit will work in close supervision by the Projects Manager and in coordination with the village resettlement committees. The Resettlement Coordinator will be an authorized employee (managerial level) of UETCL whose responsibilities include;

Supervising the resettlement unit and any contractors (such as construction contractors, etc) or NGOs (involved in resettlement activities) to ensure efficiency.

ensuring high level coordination between relevant government bodies

calling Village Grievance Committee meetings

monitoring project progress and undertaking necessary improvements in collaboration with the Projects Manager

informing the Projects Manager of grievances requiring higher level action

informing the Projects Manager on the progress of the activities

Village Grievance Committees will serve as the representative of the PAPs. The village grievance committees will be comprised of LCI chairpersons, elders and representatives of PAPs and vulnerable groups.

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The village grievance committees will communicate the needs, priorities and grievances of the PAPs to the resettlement unit; represent PAPs (especially vulnerable groups) who cannot directly approach the resettlement unit. In addition, these committees will provide assistance to the resettlement unit in data collection for monitoring the efficiency of resettlement and compensation payment.

To ensure fairness and balance in grievance redressing, a representative of the PAPs (more importantly Witness NGO) shall be invited to the meetings of the village grievance redress committee and land tribunals.

10.4.1 Grievance Redress Procedure

Upon receipt of complaints and grievances, the resettlement unit will classify them as those to be handled at local level (Village Grievance Committees) or at central level (Resettlement Unit). To avoid resorting to litigation, all necessary actions should be taken to redress complaints at Village level. Where the village committees fail to solve a complaint, the resettlement unit should resolve it. It is only when all these avenues are exhausted that litigation should come in.

Conflict and Grievance Minimisation Through Information Disclosure and Consultation

As pointed out above, most conflicts arise from lack or little information about the progress of resettlement and the project in general. Public participation and consultation will reduce complaints and grievances since in the process the stakeholders are informed, their opinions obtained and sustainable solutions found for their complaints. The resettlement unit will thus combine conflict resolution mechanism above with public participation and consultation.

The resettlement unit will evaluate the results and feedbacks from public participation and consultation and give the necessary information to the PAPs and relevant stakeholders. The resettlement unit will also use this mechanism as a monitoring tool for the resettlement process, its progress and any problems encountered. Two processes are critical in public consultation, (1) information disclosure mechanism and (2) participation and consultation mechanism. Information disclosure shall involve a two-way flow of information enabling obtaining of the opinions of the public including PAPs and at the same

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time addressing of their concerns and questions. On the other hand, public participation and consultation will be by both direct and indirect means since it is not possible to have all PAPs and stakeholders participate directly in the consultation. In direct participation, the resettlement unit will interface with the PAPs whereas in indirect participation, the resettlement unit will interface with the representatives of the PAPs mainly the village resettlement committees and witness NGOs.

When information is disclosed and stakeholders participate this way, the resettlement unit becomes the center focus of the public consultation and information disclosure process.

Printed materials

Visual materials

Community informative meetings

Stakeholder meetings

Field surveys

Cooperation with local NGOs/CBOs

The resettlement unit receives information and opinions and shares it with the PAPs and relevant stakeholders through the consultation process hence if integrated with grievance redress, will greatly minimize complaints and grievances from PAPs. A variety of tools is available for the resettlement unit to consult and disclose information to the PAPs and interested stakeholders. The resettlement unit can use; Public Announcements

These include written and oral announcements. Written announcements will be made in both local (mostly Luganda) and national newspapers while oral announcements will be made through electronic media (TV and Radio) again both in local languages (mainly Luganda) and English. The announcements should be made at least 5 days before the announced action or request takes place.

Printed Materials

The resettlement unit should publish and distribute printed materials such as brochures (giving

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information on the project, rights of the PAPs, job application criteria and the resettlement process), maps and reports. Similar materials were distributed in the project area during the RAP studies. These materials would be distributed to PAPs and interested stakeholders at the beginning of the resettlement process. Moreover, any material under distribution and any other document providing information about the project and RAP implementation should be available for public review. Visual material

This is the material to be used during public, focus group or stakeholder meetings and presentations. Informative posters about the project and resettlement process should be posted in easily accessible places in the villages.

Community Informative Meetings

These should be organized when there is need to provide general information about the project activities. Relevant experts should be present to give information, get opinions of the PAPs and address PAPs concerns.

Stakeholder Meetings

Stakeholder meetings should be held to consult with stakeholders other than PAPs about resettlement process and activities. These meetings will also act as representative participation meetings since some of the stakeholders such as NGOs and village grievance committees

Field Surveys

The resettlement unit can conduct field surveys to establish PAPs and interested stakeholder opinions about the resettlement process. The resettlement unit may use household surveys (face to face interviews), key informant interviews with local leaders or focus group discussions with the PAPs.

Cooperation with NGOs

The resettlement unit will support local NGOs, which would like to participate in facilitating information disclosure and consultation of the PAPs. Table 12 below shows the proposed plan

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for public consultation activities to minimize complaints and grievances during the implementation of the RAP.

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Table16 Grievance Minimization, Public Participation and Consultation Activities

Activity Duration Place Task Responsibility (Weeks)

Establishment of Resettlement Unit 2 UETCL HQs Assigning of officers from relevant institutions UETCL

Preparation, printing and reproduction of 4 UETCL HQs Experts of the resettlement unit will prepare the Resettlement information booklets (including relevant booklets using the consultation information used during Unit information about RAP implementation) RAP studies, the RAP report and other relevant information

Formation of Village Grievance Committees 30 Affected Villages Assigning officers from relevant stakeholders, including Resettlement local councils, NGOs, PAPs, etc Unit

The RAP and EIA availed to interested 14 RU Office Reports and relevant visual and printed material RU stakeholders

Announcements regarding commencement of 14 Affected Villages Using local mass media, visual aids posted in villages, RU information meetings informing local authorities

Informative meetings regarding commencement 14 Affected Villages Meetings to be held in affected settlements with RU of the project participation of relevant experts

Announcements for pre-informative meetings 7 Affected villages Using local mass media, visual aids posted in villages, RU regarding site selection informing local council chairpersons

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Pre-informative meetings regarding site 7 Affected villages Public participation meetings with relevant experts RU selection

Announcements for public consultation 7 Affected Villages Using local mass media, visual aids posted in villages, RU regarding presentation of resettlement sites informing local authorities

Announcement of village information and 7 Affected villages Using local mass media, visual aids posted in villages, RU participation meetings regarding technical informing local council chairpersons studies on the resettlement sites

Village information and participation meetings 4 Affected villages Public participation and consultation meetings with RU regarding technical studies on resettlement sites relevant experts

Announcement for public consultations 7 Affected villages Using local mass media, visual aids posted in villages, RU regarding development of resettlement sites informing local council chairpersons

Public consultation regarding development of 17 Affected villages Public participation and consultation with relevant RU resettlement sites experts

Announcement of village participation meetings 7 Affected villages Using local mass media, visual aids posted in villages, RU regarding presentation of draft maps and plans informing local council chairpersons of resettlement sites

Village participation meetings regarding 30 Affected villages Public participation and consultation meetings with RU presentation of draft maps and plans for relevant experts resettlement sites

Announcements for informative meetings for 7 Affected rural Using local mass media, visual aids posted in villages, RU PAPs regarding new crop types, agricultural villages informing local council chairpersons Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 120

PAPs regarding new crop types, agricultural villages informing local council chairpersons techniques and other income sources

Informative meetings for PAPs regarding new 4 Affected rural Public participation and consultation with relevant RU crop types, agricultural techniques and other villages experts income sources

Consulting services regarding income 7 Affected villages Community and stakeholder meetings with participation RU/NGOs rehabilitation of relevant experts

Consulting services regarding use of 7 Affected villages Community and stakeholder meetings with participation RU/NGOs expropriation money of relevant experts

Consulting services regarding assessment of 7 Affected villages Community and stakeholder meetings with participation RU/NGOs credit of relevant experts

Evaluation of public participation and 7 Affected villages Monitoring and reporting of monitoring results RU/NGOs consultation activities, reporting and disclosing to public

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10.5 Independent (External) Monitoring For Grievance Redress Mechanism

The main purpose of the independent monitoring is to assess the effectiveness of preventive and mitigation measures taken for the social impacts that might arise during the construction, implementation of resettlement. Differences in socioeconomic, health, educational and cultural status before and after resettlement will be identified and compared. Economic problems might occur after resettlement since PAPs lose their income and livelihood sources. Therefore, the RAP aims to ensure that the living standards of PAPs are improved or preserved at least in the pre-settlement condition. This is checked in independent monitoring, lacking which are elements are determined, corrective and preventive actions are identified and these will be provided to the Resettlement Unit by feedbacks.

Independent monitoring will cover all the resettlement process (including expropriation, resettlement and grievance redress) and will be done by an independent third party, comprising of experts from an NGO, a consultant or an academic institution, will carry out external monitoring. For effective implementation of the RAP, independent monitoring of the grievance redress mechanism will be conducted twice a year. The first monitoring activity will be conducted in the scope of general independent external monitoring for the resettlement process, while the second monitoring will only cover the grievance and redress monitoring for the grievance process and solutions related to the grievances. General changes in socioeconomic, health, educational and cultural status before and after resettlement will be observed. The compensation values (compared with replacement), livelihood sources and achievement of the core objective of the RAP which is to ensure that the living standards of PAPs are improved or preserved at least in the pre-resettlement condition. The determination of the expropriation values is the main cause of grievances during the expropriation process, so monitoring of provision of expropriation compensations at replacement values will be carried out by independent third parties in the scope of external monitoring as well. The principle for valuation will be replacement value (achieved by using objective criteria) and resettlement unit will inform PAPs in the negotiations that this is the valuation principle. To ensure transparency, an independent source will be mandated: • Counsel PAPs regarding the valuation principle and legal process before negotiations (as an offer to PAPs independent from and in addition to counseling offered by the resettlement Unit. • Attend expropriate negotiations as observers, and record the expropriation values offered by DSI and the degree of satisfaction of PAPs.

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• Check on compensation values offered by UETCL against the replacement value benchmark and similar offers in the area. • Counsel PAPs regarding title deed issues and procedures (e.g. transfer of title deed from deceased parents to PAP’s name etc.) as an offer to PAPs independent from and in addition to the counseling offered by the Resettlement Unit. • The independent monitor will report findings (satisfaction of the PAPs wit expropriation values offered, discrepancies in offers noted by the monitor, etc.) to the Resettlement Unit. The costs for the independent monitor will be borne by the projects external monitoring budget. The independent monitor can use a number of tools to gather information on adequacy of the grievance redress mechanism. The independent monitor could use a selection of the following tools and techniques: • Random sampling • Phone interviews with PAPs • In-depth interviews • Field observations • Individual interviews • Informal interviews • Statistical data • Grievance forms and grievance closeout forms • Performance monitoring outcomes reports Random sampling, with randomly selected 10% of the households categories defined in entitlement matrix. Phone interviews with PAPs, with 10% of the PAPs will be conducted Field Observation: periodic observations by the resettlement unit in order to get information regarding the expropriation, construction and resettlement activities as well as potential environment and social impacts.

Grievance and Grievance Closeout forms: throughout the project lifeline, all incoming grievances regarding the project are recorded in the grievance forms and finalized in grievance closeout forms. These forms are effective means of data collection for monitoring the appropriateness of RAP implementations to construction, land acquisition and resettlement programs and objectives.

Project progress reports: prepared by the resettlement unit will be utilized to monitor the effectiveness and the timing of RAP activities.

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11 MONITORING AND EVALUATION FRAMEWORK

This chapter details the monitoring and evaluation program for the proposed 220kV Kawanda-Masaka transmission line Project Resettlement Action Plan. Monitoring and evaluation of construction, expropriation, resettlement activities and socio-economic status after resettlement will be carried out for at least 5 years; 3 years RAP implementation and 2 years after completion of resettlement. Monitoring and evaluation of the implementation of the RAP will be undertaken by an external agency that will report to UETCL Monitoring and evaluation studies shall be done in three ways; Performance (Internal) Monitoring Impact (External) Monitoring Completion of Implementation Report For internal monitoring, UETCL shall take full responsibility for conducting regular internal monitoring of the land acquisition, resettlement and compensation process. For external monitoring, an independent body appointed by UETCL in collaboration with authorities in the districts through which the line passes shall participate.

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11.1 Performance (Internal) Monitoring

Performance monitoring will be carried out by UETCL to evaluate its own efficiency as well as that of other institutions involved in the resettlement process. The aim of this monitoring study is to evaluate whether or not the activities defined in the RAP are carried out, and in case nonconformities, determine and realize preventive/corrective actions. Furthermore, internal monitoring will determine whether or not the activities defined in the RAP are followed according to schedule. Monitoring will involve both the resettlers and the staff involved in the resettlement. During the implementation of the resettlement plan, internal monitoring should be done at regular intervals, for example every 4 weeks. Post resettlement monitoring should also be undertaken frequently, say every three months. Performance monitoring will focus on measuring progress against the schedule of actions defined in the RAP. Activities to be undertaken by Resettlement Unit at UETCL will include;

Interviews with PAPs to review and report progress against the RAP (Expropriation, Construction and Resettlement Phases)

Assessment of the effectiveness of mitigation measures to be taken for socio-economic impacts of the project

Verifying whether land acquisition and compensation entitlements are being delivered in line with the RAP

Verifying whether or not agreed measures to restore or enhance standards of living are being implemented

Verifying whether or not agreed measures to restore or enhance livelihood and sources of income are being implemented

Indentifying any conflicts or problems, issues, or cases of hardship resulting from the resettlement process

Reviewing records of grievances and following up whether or not appropriate corrective actions have been undertaken and outcomes are satisfactory

Preparing quarterly performance reports.

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11.2 Performance monitoring indicators could include: a) Number and place of consultative meetings held with PAPs and local authorities in preparation of, or during RAP implementation b) Grievance issues by type and how they were resolved: Total received, total justified, Total resolved at various levels including the type of agreement reached, Total referred to legal system/courts of law, including clarification on who initiated (local leaders, PAP or UETCL) the referral and subject matter c) Actual amount paid and timeliness of payment d) The number of people and households who have been resettled to date or provided with new business premises e) Number of affected people (men and women) employed in the project construction f) Number of complaints:

• Total received; total justified; total non justified, including the subject matter for all complaints; an explanation for non justified complaints;

• Total resolved at various levels including the type of agreement reached;

• Total referred to the legal system/courts of Law, including a clarification on who initiated (local leaders, PAP or UETCL) the referral and the subject matter

The table shows detailed Standard main indicators usually monitored during implementation of a RAP.

In performance monitoring, status of the activities, funds appropriated for these activities, related payments and timing of activities are important considerations. The tools available to the resettlement unit to carry out performance monitoring include;

Public Consultation and Informative Meetings to obtain PAP satisfaction rate from the RAP activities

Simple Random Sampling to obtain the current household socio-economic conditions to be used as monitoring benchmarks

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Key Informant Surveys

Formal and Informal meetings with PAPs and other relevant stakeholders

Focus Group Meetings with Vulnerable Groups

Field Observations by RU experts

Land Acquisition and Allocation Plans

Grievance and Grievance Close out forms

Project Progress Reports

11.3 External Monitoring

To give credence to the monitoring and evaluation process, external monitoring should be carried out by an independent body/organization appointed by UETCL in consultation with local authorities in the project area. Recommendations and issues raised by this body should be followed up so as to improve the livelihoods of the affected persons. External monitoring shall focus primarily on the following issues;

progress of disbursement and provision of entitlements to the PAPs

comparison of pre- and post-resettlement socio-economic situation of the affected households

employment situation of affected household members

Condition and quality of temporarily acquired land when returned to the original land users.

living conditions of the vulnerable households after resettlement

Performance/evaluation Indicators include:

a) The total nature and level of all complaints received, resolved

b) Completion of payment within, or after 2 months estimated completion date indicated in RAP implementation plan

c) Completion and demolition of structures (if any) or crops/trees in the project area within 3 months after notice to demolish

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d) Revival of affected business/farming activities within 4 months after the compensation payment

e) Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly.

The table below shows detailed Performance/evaluation indicators usually used after A RAP is implemented indicating m onitoring inputs and outputs:

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Table17 Summary of Performance / Evaluation Indicators

Subject Indicator Variables

Land Acquisition of land Area of cultivation land acquired for the transmission line Area of communal/government/private land acquired for transmission line developments

Buildings/ Structures Acquisition of buildings Number, type and size of private buildings acquired Number, type and size of community buildings acquired Number, type and size of government buildings acquired

Acquisition of other Number, type and size of other private structures acquired Number, type and size of other community structures structures acquired Trees and Crops Acquisition of trees Number and type of private trees acquired

Destruction of crops Crops destroyed by area, type and ownership

Compensation, Re-establishment Compensation and re- Number of homesteads affected (buildings, land, trees, crops) and establishment of affected Number of owners compensated by type of loss Amount compensated by type and owner Number of Rehabilitation owners/individuals replacement houses constructed Size, construction, durability and environmental suitability of replacement houses Possession of latrines Water supply access Number of replacement businesses constructed

Re-establishment of Number of community buildings replaced, Number and type of plants lost, Number of seedlings community resources supplied by type Number of trees planted

Hazards and Introduction of nuisance factors Number of homesteads affected by hazards and disturbances from construction (noise levels, blasting, Disturbances increased traffic levels)

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Subject Indicator Variables

Social/ Demographic Changes to homestead structure Homestead size (births, deaths, migration in and out) Age distribution Gender distribution Marital status Relationship to homestead head Status of “vulnerable” homesteads Population migration Residential status of homestead members Movement in and out of the homestead (place and residence of homestead members)

Changes to access Distance/travel time to nearest school, health centre, church, shop, village Changes to health status Nutritional status of resettled homestead members Number of people with disease, by type (STDs, diarrhoea, malaria, ARI, immunizable disease) Mortality rates Access to health care services (distance to nearest facility, cost of services, quality of services) Utilization of health care services Disease prevention strategies Extent of educational programs Latrine provision at schools (school child population per VIP on site)

Changes to educational Literacy and educational attainment of homestead members School attendance rates (age, gender) status Number, type of educational establishments

Changes to status of Participation in training programs women Use of credit facilities Landholding status Participation in the project-related activities and enterprises Homestead earning Ownership of capital assets capacity Ownership of equipment and machinery Landholding size, area cultivated and production volume/value, by crop (cash and subsistence crops)

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Subject Indicator Variables

Changes in social Organizational membership of homestead members Leadership positions held by homestead organization members Population influx Growth in number and size of settlements, formal and informal Growth in market areas Influx of people from outside the project area

Consultation Consultation programme Number of local committees established operation Number and dates of local committee meetings Type of issues raised at local committees meetings Involvement of local committees and NGOs in participating in the project’s planning and development

Grievances resolved Number of grievances registered, by type Number of grievances resolved Number of cases referred to court Training Operation of training programme Number of local committee members trained Number of affected population trained in Project-related training courses Management Staffing Number of implementing agencies by function Number of GoU ministry officials available by function Number of office and field equipment, by type Procedures in operation Census and asset verification/quantification procedures in place Effectiveness of compensation delivery system Number of land transfers effected Co-ordination between local community structures, NGOs and GoU officials Land Acquisition of land Area of cultivation land acquired for the transmission line Area of communal/government/private land acquired for transmission line developments Buildings/ Structures Acquisition of buildings Number, type and size of private buildings acquired Number, type and size of community buildings acquired Number, type and size of government buildings acquired Acquisition of other Number, type and size of other private structures acquired Number, type and size of other community structures structures acquired

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Subject Indicator Variables

Trees and Crops Acquisition of trees Number and type of private trees acquired Destruction of crops Crops destroyed by area, type and ownership Compensation, Re-establishment Compensation and re- Number of homesteads affected (buildings, land, trees, crops) and establishment of affected Number of owners compensated by type of loss Amount compensated by type and owner Number of Rehabilitation owners/individuals replacement houses constructed Size, construction, durability and environmental suitability of replacement houses Possession of latrines Re-establishment of WaterNumber supply of community access buildings replaced, Number and type of plants lost, Number of seedlings community resources supplied by type Number of trees planted

Hazards and Introduction of nuisance Number of homesteads affected by hazards and disturbances from construction (noise levels, Disturbances factors blasting, increased traffic levels)

Social/ Demographic Changes to homestead structure Homestead size (births, deaths, migration in and out) Age distribution Gender distribution Marital status Relationship to homestead head Population migration ResidentialStatus of “vulnerable” status of homestea homesteadsd members Movement in and out of the homestead (place and residence of homestead members)

Changes to access Distance/travel time to nearest school, health centre, church, shop, village

Changes to health status Nutritional status of resettled homestead members Number of people with disease, by type (STDs, diarrhoea, malaria, ARI, immunizable disease) Mortality rates Access to health care services (distance to nearest facility, cost of services, quality of services) Changes to educational UtilizationLiteracy and of healtheducational care servicesattainment of homestead members School attendance rates (age, gender) status Number, type of educational establishments

Changes to status of Participation in training programs women Use of credit facilities Landholding status Participation in the project-related activities and enterprises

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Subject Indicator Variables

Homestead earning Ownership of capital assets capacity Ownership of equipment and machinery Landholding size, area cultivated and production volume/value, by crop (cash and subsistence crops) Changes in social LandholdingOrganizational status membership (tenure) of homestead members Leadership positions held by homestead organization members Population influx Growth in number and size of settlements, formal and informal Growth in market areas Influx of people from outside the project area

Information dissemination Number, position, staffing of Information Centers Staffing, equipment, documentation of Information Centers Activities of Information Centers Number of people accessing Information Centers Information requests, issues raised at Information Centers Grievances resolved Number of grievances registered, by type Number of grievances resolved Number of cases referred to court

Training Operation of training Number of local committee members trained programme Number of affected population trained in Project-related training courses

Management Staffing Number of implementing agencies by function Number of GoU ministry officials available by function Number of office and field equipment, by type Procedures in operation Census and asset verification/quantification procedures in place Effectiveness of compensation delivery system Number of land transfers effected Co-ordination between local community structures, NGOs and GoU officials

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Table18 : Monitoring inputs and Outputs

Impacts/outcomes Inputs Outputs Area of cultivated and communal/ government/ Number of seedlings supplied by Number of owners compensated by type of loss Amount compensated by private land acquired for transmission line type type and owner Number of replacement houses constructed developments Size, construction, durability and environmental suitability of replacement houses Water supply access Number of replacement businesses constructed Number, type and size of private, community and Number of community buildings Number of trees planted government buildings/structures acquired replaced

Number and type of private trees, Crops destroyed Disease prevention strategies Changes in homestead size (births, deaths, migration in and out), Age and Gender distribution, Marital status, Relationship to homestead head and Status of “vulnerable” homesteads

Number of homesteads affected (buildings, land, Latrine provision at schools Movement in and out of the homestead (place and residence of trees, crops) (school child population per VIP homestead members) on site)

Number of homesteads affected by hazards and Number, type of educational Utilization of health care services disturbances from construction (noise levels, establishments blasting, increased traffic levels)

Change in distance/travel time to nearest school, Number of implementing Extent of educational programs health centre, church, shop, village) agencies by function Number of GoU ministry officials available by function Number of office and field

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Nutritional status of resettled homestead members Amount and balance of income and expenditure Number of people with disease, by type (STDs, Realisation of homestead income restoration diarrhoea, malaria, ARI, immunizable disease) plans (components implemented, net income achieved) Mortality rates Access to income-generating natural resource base (wood, grass, sand, Access to health care services (distance to nearest stones) facility, cost of services, quality of services)

Literacy and educational attainment of homestead Leadership positions held by homestead members members School attendance rates (age, gender) Participation in training programs, Use of credit Growth in number and size of settlements, formal and informal facilities Growth in market areas Landholding status Influx of people from outside the project area Participation in the project-related activities and enterprises

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Ownership of capital assets Number of local committees established Number and dates of local Ownership of equipment and machinery committee meetings Landholding size, area cultivated and production Type of issues raised at local committees meetings volume/value, by crop (cash and subsistence Involvement of local committees and NGOs in participating in the crops) project’s planning and development Landholding status (tenure) Redistribution of cultivation land Changes to livestock ownership: pre- and post disturbance Value of livestock sales, and imputed value of barter transactions Consumption of own livestock production Employment status of economically active members Skills of homestead members Earnings/income by source, separating compensation payments Changes to income-earning activities (agriculture) – pre- and post disturbance Changes to income-earning activities (off- farm) – pre- and post disturbance Possession of consumer durables Possession of bank and savings accounts

Organizational membership of homestead Number, position, staffing of Information Centers members Staffing, equipment, documentation of Information Centers Activities of Information Centers Number of people accessing Information Centers Information requests, issues raised at Information Centers Number of grievances registered, by type Number of grievances resolved Number of cases referred to court

Number of local committee members trained Number of affected population trained in Project- related training courses

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Census and asset verification/quantification procedures in place Effectiveness of compensation delivery system Number of land transfers effected Co-ordination between local community structures, NGOs and GoU officials

11.4 Community Development Action Plan

UETCL has a department that handles community support programs that is mandated to see to it that the wider community i.e. communities surrounding the PAPs and those that have been using the social amenities such as water sources, powerlines, fuel resources etc were affected. This department also makes sure that the PAPs livelihoods are restored plus assisting the vulnerable to resettle. They perform a needs assessment together with communities to come up with the priority areas that can be implemented. These activities usually are implemented depending on availability of funds usually provided by the funding agency. For example this is happening for the Bujagali project because the funds were provided. Therefore for this project the community support program will only take place depending on availability of funds.

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12 CONCLUSION AND RECOMMENDATION

12.1 Conclusions

The following is a summary of the Resettlement Action Plan: a) A number of steps have been undertaken in identifying the social impacts related to land acquisition for the Kawanda Masaka 220 KV, 137 km line. The survey and census studies concluded that the transmission line is likely to affect 13596 people. The general project area has 2136 households and of those about 160 households will lose their Residential structures Other project impacts include impact on water supply as some water sources will be affected, land take, disruption of social networks and loss of livelihoods and temporary structures. b) Special attention should be given to the vulnerable PAPs who are 7% of the total PAPs. According to the socio-economic survey, women, child headed households and the elder were identified as the most vulnerable. Given their limited opportunities to actively engage in production; they are less likely to cope to economic shocks in the once the project commences. Hence, the compensation framework has taken into account these vulnerabilities.

c) Public Consultations: A lot of consultations with the affected communities were done. There were areas especially urban centers where the consultant had difficulties interviewing the PAPs. In Buwama B, the PAPs were unwilling to be interviewed because they were squatters who felt that the interview was meant to evict them. In Bukooza and Binzinya areas the resistance was mainly for socio-cultural reasons. The residents within these areas expressed fear that the graves of their ancestors might be excavated during the construction of the line. Most of the respondents resisting the project were of the opinion that they will not benefit much from the same. d) Project Impacts: The project will traverse a long stretch of land with considerable levels of mitigable impacts to the flora and fauna. There are also impacts which will be social economic in nature especially during the construction phase.

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e) 4. Monitoring and Evaluation: For the RAP to be successful, there will be need for continued monitoring and evaluation. This will ensure that arising issues are properly addressed. f) Requests: Emanating from the public discussions and meetings, the following requests have been made by the locals:

• Use of local labour during the construction phase • Provision of electric power • Timely compensation • Establishment of liaison offices for grievance redress along the entire route g) Resettlement: UETCL will provide both the financial input into the resettlement process as well as significant additional managerial and technical expertise. To this end, UETCL is to constitute a resettlement unit immediately after the completion of the RAP final report.

12.2 Recommendations a) Continuous sensitisation of affected communities in the pre-construction phase of the project, especially in the populated areas of Nabusanke Town A, Buwama B, Lutente, Lukuli, Kayiriti, Kalagala Kiterende, Kamugomba Namasenene, in addition to people living in urban centers such as Buwama, and Lukaya. They should be encouraged as a preparatory measure before project implementation. UETCL should be at the forefront in ensuring this is carried out b) UETCL should compensate all the affected persons in a timely manner using the prevailing market rates. c) Before resettlement, the PAPs should be mobilized and counseled both socially and economically to avoid undue social and economic disruptions. Where applicable, health experts should be involved in counseling to create awareness within the community on issues relating to Health using the existing Government Structures in those areas like Health Center III which are found at every Sub-County. d) Compensation to PAPs should be made before demolition commences. This will be done at either the UETCL offices and/or provincial administration offices. A minimum of one month notice should to be given to the PAPs to enable them salvage their assets

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e) UETCL should be responsive and live up to corporate social responsibility in the project area through the following activities: f) Rural electrification programme g) Water supply h) Re-vegetation of the area

APPENDIX 1. LIST OF VULNURABLE PERSONS

District Village M F Total Vulnerability Wakiso Senge 2 1 3 1 male drunkard, 2 aged Kigoma - 2 2 Aged/widow Bukasa Bukulu 1 3 4 Aged Serugoye 1 1 2 Aged Nsujju mpolwe 1 2 3 Aged Galatiya 2 2 4 Aged Kagaba 1 1 2 Aged Katende 1 1 2 Aged Kiwamirembe Kavule 2 - 2 Aged Kyambizi 1 1 2 Aged Sub- total 10 12 14 26 Mpigi Maziba - 4 4 Aged/Widows Membe - 5 5 Aged/Widows Mpami Lufuka 2 2 4 Aged Bugabo - 1 1 Aged/Single Kiswa 3 1 4 Aged Nabuzi - 1 1 Aged Lwamulamira 1 - 1 Aged Mbizinya 2 3 5 Aged

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Buyaya - 3 3 Aged Majja 2 3 5 Aged, 1 female HIV positive Kanaani 1 1 2 Aged Kyabaddaza ntula 3 - 3 Aged Mpambire - 1 1 Aged Kamengo 2 1 3 Aged Buwama B 3 2 5 Aged/1 Male PWD, Kasubi kamu 1 3 4 Aged Kwaba 4 3 7 Aged Nabusanke 2 - 2 Aged Kikomazi 3 - 3 Aged Lukonge 2 1 3 Aged Kalagala Kikutizi 2 3 5 Aged Kasubo - 1 1 Aged/single/100years Jjandira 3 8 11 Aged Lubanda 3 2 5 Aged Kayunga 1 3 4 Aged Muge 4 3 7 Aged Sub total 26 44 55 99 Masaka Lutete 1 3 4 Aged/Widows Mwalo 1 3 4 1 male minor 16yrs/Widows Kalagala Kitereke - 2 2 Aged Kamugobwa - 5 5 Widows Namasenene Kitega B 1 - 1 Aged Kalagala - 3 3 Aged Kyalusowe 1 1 2 Aged Matanga 1 5 6 Aged/Widows Kabale 1 2 3 Aged/widow/1 HIV positive Lutengo - 1 1 Aged Makoko - 4 4 Aged/Widows Lukuli - 1 1 Aged/Widow Bajja A - 2 2 Aged widows

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Nabisoga 2 4 6 Aged/Widow Mwota 1 - 1 PWD/wheel chair Lutente - 1 1 Aged widow Sub-total 16 9 37 48 TOTAL 65 106 173

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APPENDIX 2. SUMMARIES OF CONSULTATIVE MEETINGS

Summary of Public Consultations Held During the Update and Review of RAP October 2010

Public consultation meetings were held in areas judged to be affected by the planned power line. The meetings were facilitated by a team of consultants headed by Elizabeth Aisu. The other team members are: Juliet Musanyana, Nathan Lyada and Nuwahambasa Yorukam who worked hand in hand with the Local Councils of the affected PAPs. The following shows the summary of the discussions:

No. Name of villages Summary of Issues Raised In attendance 1 The Ngonge Clan 25 clan • They were not clear on how much land on the grave yard was affected by the T- line Cultural Burial Ground in members, 1 Bukooza village, Mpigi • They wanted to know whether it was still possible to make a diversion instead of making it pass thru representative District on 09/10/2010 at the grave yard from UETCL 10.00am to 12.30pm and 4 • They wanted to know whether it was possible to make the T- line pass over the graves without consultants necessarily fixing the poles in the grave yard

• “------my wish is that the grave yard should not to be affected at all. Is it possible to just make a slight diversion so that the grave yard is not seriously affected?” (Mr. Kamya Paul)

• “------please, try as much as possible to ensure that the grave yard is not affected. ------The resolutions that we shall reach today should be documented for future reference. Many times people who have not been part of such a process cause trouble and conflicts” (Dr. Maria Babubya)

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• “……….it is becoming increasingly expensive for some of us to travel from Kampala and yet you need us for more consultations. How much reserve land is available from the right of way across the grave yard on both sides? …… Please utilise the reserve as much as possible to ensure that the grave yard is not affected.

• The Ngonge Clan members noted that it was important to reach a 50/50 agreement

• There was need to bring the legal officer on board during the next meeting so that further analysis and clarification is made about the legal implication of the agreement to be made between the Ngonge Clan and UETCL.

• The line should be diverted to affect the immediate land near the grave yard “All this land around the grave yard is ours. If possible shift angle points 20 metres towards the left.

• In the next meeting, the team from UEDCL should come with a positive attitude.

• N.B • In the same clan, 6 homes are already affected by the T- line.

2 Teketwe Buwaama Mr. Buule Nsereko Kalamazi Basajja Subi was the great grandfather of the Kkobe Clan. He used to play Country gardens in Mweso game on that stone at the Cultural Site. He had a dog that stayed by his side all the Buwaama - Buwaama Sub-County, time. To date, the marks of this game and the foot prints of the dog are visible on that stone. The Mpigi district on representative 09/10/2010 at 2.00pm to When Nsereko died, he just disappeared and vanished beneath that stone. It is strongly of The Kkobe 3.30pm. The meeting believed that he lives in that stone and that is why it is cultural ground where all rituals for the Clan, 4 was intended to discuss consultants, 1

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was intended to discuss Kkobe clan are performed. consultants, 1 issues related to The representative Kkobe Cultural site. The Kkobe clan has an established leadership. The cultural leader is called Namwaama. from UETCL. Under him are 11 ministers (locally referred to as Ssiga lya Kakinda, Kayiwa, Wanda, Kauma etc), each of whom has a lineage with children, grand children, great grand children, etc.

Each “Ssiga” comes to the above cultural ground once every year with its entire lineage that spend a night before dispersing.

Each Ssiga played a role during the construction of the biggest structure found at the cultural site so great value is attached to that structure as well. Members of the Kkobe clan come to this cultural site for all sorts of treatment. Some of them just lie on the above discussed stone for as long as 2 weeks and it is believed that Nsereko heals them.

“ ……. With the affected house it is okay because it can be relocated but for the stone, it is impossible because it is the main ground for performing rituals. It is traditionally recognised and has been in existence since time memorial. It is estimated to be over 300 years old”

Professor Nsereko Munaku Kaama and Sheikh Zubairi Kayongo are some of the highly placed people in the Kkobe Clan.

Currently there are 4 people who are permanently resident at the shrine

Should that cultural ground be distorted, Kabaka Muwenda Mutebi will be seriously affected.

3 Jjandira Village, The surveyors came and surveyed, how come that our names are among those whose properties were 14 PAPs, 4 Kayabwe Parish, Mpigi not valued yet we did all that was required? Is it possible to avail us the whole list? – Kiwanuka Bosco consultants sub county, Mpigi

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District on 10/10/2010 at You have wasted out time. We stopped any activities on the land and yet up to now nothing has 10.30am to 12.05pm happened. Since 2008, we are still on the same issue.

It seems the surveyors are inefficient. What explanations do you have for the discrepancies in the lists? - Wamala George

If the surveyors came and found what they counted on my land is no longer on the land, will I be compensated? E.g. banana plantations, coffee trees, after valuation, there is depreciation and appreciation, what will be considered?

How will the surveyor determine the amount to pay for our property because prices of items keep fluctuating? The cost of cement in 2009 is not the same on 2010.

Why can’t you people be certain about the date when the project will take off? We need to cater for our families and yet you stopped us from utilising the affected land for even small projects like poultry and piggery.

Is it possible to shift the line at this time?

4 Lubanda A, Nkozi sub 20 PAPs, The Valuers gave us forms after valuing our property. What will happen to those people who county, Kayabwe have already lost those forms? 4consultants parish,Mpigi District on 10/10/2010 at 12.30pm People have died and others have inherited property but land titles have not yet been secured. to 2.00pm Will the government just take over this property or what exactly will be done?

Why is it that some people who are affected by the T – line are not on the list?

My name came back as Namutebi without the second name, why?

Why is there no office in our locality where we can register our complaints?

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The experience we had during the road construction was not the best. People were compensated with variances in amount of money. People were not allowed access to the books, not even signing against our names or seeing the figures. Is that what you people are also going to do?

When is the project setting off? We have waited for a very long time and yet the surveyors stopped us from doing any activities on the valued land.

During the road construction, people were asked to relinquish their original land titles which were taken to Kampala. Will you people do the same thing? Will you not con us?

In a situation where the original land owner died, and the land is inherited, but before the land titles are updated accordingly, this person also dies and another person takes over. What is going to happen in such a case?

We need more sensitization.

5 Nabusanke Village, 7 PAPs, 4 I personally want to be the one to look for a place where to relocate. I don’t want the Nkozi sub county, government to take me to a place of their choice. I want to be given the opportunity to choose consultants Nindye Parish, Mpigi my own new place. Kiwanuka Ben District on 10/10/2010 at 03.00pm to 04.00pm How will you be sure that the person who has been compensated has utilised the money wisely or that the person has actually used the money to acquire a new place? Sendagala George

Actually we have no major problem. All we want is to be paid because right now we are not sure when payment will be made and yet prices of building materials increase every day.

We were stopped from building and yet some of our houses need renovation.

When the time for payme nt comes, will you help us to open up accounts or determine the best

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banks for us to use?

6 Mbizinnya Village, 18 PAPs, 4 Why don’t you give people the chance to look for their own new places instead of government Mbizinnya Parish, doing it on people’s behalf? Musoke Paul consultants Buwama sub county, Mpigi District on In case the “kibanja” is in the names of the late husband. Right now I am a widow. What shall 11/10/2010 at 10.05am we do about this? to 11.30am In the beginning, you told us that before making an agreement with you, we can continue using the land for some activities, should we continue? Ngeregeze Mirriam.

The first team that came told us to stop activities on the land, the second team told us to continue working on the land, why the inconsistence? Namwanje Hanifah

People need to know the specific time when the project is starting so that they plan properly what to do next. Or why don’t the agreements be given when surveying and valuing property on land? Kato Damiano.

The first team that came told us that 40 by 40 but then added that they will only pay for 15 ft, why?

When do you hope to pay us? Will you pay us for the time we have put in this venture? Some of us leave our gardens to come for these meetings. Ssebusolo Charles

7 Kanaani village, Bongole 17 PAPs, Some people have died and left heirs but the names on the titles are yet to be changed. What Parish, Buwama sub will happen? 4consultants county, Mpigi District, on 11/10/2010 at 12.00pm I was told that when the surveyors came, they took photos of the people affected but I was not to 1.30pm around so I missed. What will happen to me? Kisitu Silas

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I have an Aunt who died but left a daughter. When the time came for taking photos, the surveyor said e needed the orphans to be around with the letters of and yet I cannot get these letters. What will I do? Ndolere John

8 Kabuye Ntaayi Village, 8 PAPs, 4 The forms that were given to me by the valuer got lost. What problem will it cause? Kalulu Budde Parish, Budde Joseph consultants sub county, Mpigi District on 11/10/2010 at 2.00pm I was not around when the valuers were doing their work. How is government going to to 3.30pm determine the cost of my property? Selubowa Vincent

They asked for land titles and agreements, what happens if don’t have it by the time it is being asked for.

One of my relatives is rarely around to handle these land issues. What will happen in this situation because the ones that available are young and can’t take decisions.

There are some orphans and the eldest is only 7 years old. Who takes responsibility of handling these issues – the children or the guardian? Ssemujju Ronald

The Christians that pray at St. Vivian Catholic church were requesting to relocate this Church to the nearby land. Is this idea okay?

9 Lubanga – 4 PAPs, 4 Before the survey, this part was not affected so I went ahead and built this house. Afterwards, Nabwewanga, Mugge another team and said this house is inside. We had even started building the toilet but we consultants Parish, Nkozi sub were stopped. Male Muhammed county, Mpigi District on 11/10/2010 at 03.45pm PAPs were concerned about the delayed payment and were not sure whether they would ever to 05.00pm be paid at all

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10 Kasubo Village, 13 PAPs,4 We lost hope in cultivation since we were told not to cultivate on this land any more. We used Kayabwe Parish, Nkozi to get money from bananas, coffee but since we were stopped from doing any activities; we consultants sub county, Mpigi district depend on our grand children who sometimes come to our rescue. Namulondo Janet on 12/10/2010 at 10.06am to 11.20am By the time surveyors came, there were some crops on our land. But right now there is nothing so what will they value when they come?

11 Mpambire Village, 9 PAPs, 4 Nagoya Charles complained that ever since his things were valued, he has never seen any Konkoma Parish,Mpigi document. Should he assume that there is no payment for his property? consultants Town COUNCIL, Mpigi District on12/10/2010 at Many people’s property was not valued and they do not have any documentary evidence, 12.00pm to 1.30pm what will happen?

Property to be valued was counted but not presented well on the documents. E.g. many minors were counted but only two appear on the forms.

When the valuers come, we should go with them to the real sites because some people are masquerading as owners and yet they are not.

UETCL is delaying. They should speed up the process because we are soon dying.

Where there are family wrangles and the woman does not agree with the husband and children, women are of the view that land is bought and a house constructed for them instead of giving them money.

Namuyingo Judith is a wife to Senjabya Joseph. They have been having a land dispute but the wife recently won the case and all the land agreements are in the names of Namuyingo Judith. How will this be handled?

12 Kalagala/Ziwungwe, 12 PAPs, 4 There are different types of land ownership: Mailo land, land lords, plots, Kibanja. Whatever Lwanga Parish, Mpigi consultants

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Lwanga Parish, Mpigi the type of land ownership, it is in the hands of grand children because generations have consultants Town Councl, Mpigi passed. Some of these live as far as Mpami Lufuka. How will these be handled? District on 12/10/2010 at 2.00pm to 3.30pm We cannot stop using our land for various activities because we are not sure when UETCL will start work. In any case we have not yet been paid.

13 Mpami-Lufuka, Ward A, 13 PAPs, 4 People cannot be satisfied with words. We need to know how much money we are going to be Mpigi Town Council, paid but up to now we are not sure, so the next time you come, be prepared for proper consultants Mpigi District on negotiation. 13/10/2010 at 10.00am to 11.30am Most land owners have not been talked to and yet they are the most important people to consult.

Many of us were not around during valuation and many things were left out. You have been promising us that you will come but you have over delayed. We wonder when you will really come and value. Lubega Margaret

Some of us will die soon. Our heirs will not know what to do. Luggya Moses

We request that you give us enough notice (at least 2 weeks) before the meeting so that we don’t miss it.

I had started a bricks project so that I can build but now it is 2years down the road and nothing has happened. Try to speed up your processes. Balamaga Musa

I needed to get this money as soon as possible because I am aging. Otherwise you might find when I have sold of this land. Mugambo Hassan

We are not going to attend any more meetings unless you assure us that you have brought money.

I was engaged in poultry, piggery, brick making and selling tomatoes. All these projects have

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died. How are you going to compensate me? Luggya Moses.

14 Membe, Maziba Parish, • Some people sold land after it was surveyed and valued. Right now the owners are not 16 PAPs, 4 Mpigi Town Council, known. consultants Mpigi District on • Agreements should be made immediately after valuing so that we are certain. 13/10/2010 at 12.30pm • We should be given allowances because we usually spend a lot of time and money to attend to 2.45pm these meetings.

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