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Republic of Uganda

Public Disclosure Authorized

UPDATED RESETTLEMENT ACTION

PLAN (RAP) OF PROPOSED UPGRADING OF KYENJOJO –

KABWOYA ROAD TO BITUMINOUS STANDARDS

January 2014 Public Disclosure Authorized

October 2013 Prepared for:

UGANDA NATIONAL ROADS AUTHORITY P. O. Box 28487, Kampala, Uganda. Plot 11, Yusuf Lule Road, Kampala

Public Disclosure Authorized

By:

AIR WATER EARTH (AWE) LTD Environmental, Civil Engineers & Project Management Consultants M1, Plot 27 Binayomba Road, Bugolobi P.O.Box 22428, Kampala, Uganda. T: 041-4268466, Mob: 078-2580480/ 077-2496451 E: [email protected] W: www.awe-engineers.com

Public Disclosure Authorized

AWEAWE is memberEngineers of International www.aweFederation- engineers.comof Consulting Engineers (FIDIC-GAMA)

Document Control

Client: Uganda National Roads Authority, UNRA Project No. EA/1024

Report Title: Date: Jan 2014 Doc. No.:unra-rkki-001 Updated Resettlement action plan (RAP) of proposed upgrading of Kyenjojo – Kabwoya road to bituminous standards*

*(Project to be financed by the World Bank).

Revision Description Originator Reviewed 4 Final Report LK, TP, FN, DO HK

Preparation of this report has been undertaken within agreed Distribution terms of reference using all reasonable skill and care. AWE accepts no responsibility or legal liability arising from Official unauthorized use by third parties of data or professional opinions Public herein contained. Confidential

This document has been double-side printed to reduce our carbon footprint and ecological impact.

AWE Engineers www.awe-engineers.com

Consultants

LEAD TEAM

Eng. Lammeck KAJUBI: Team Leader, RAP Specialist BScEng (1.1 Hons) MAK, MEngSc (UQ-Australia), NEMA-CEnvP, REng.

Herbert M. KALIBBALA: Civil Engineer BSc MSc, PhD (Sweden), NEMA-CEnvP

Pamela TASHOBYA Sociologist/Development Specialist BA (Env Mgt), MSc (Norway), NEMA-CEnvP

David Oyen, BEnvEng & Mgt Environmental consultant

SUPPORT TEAM

Faith Mugerwa Sociologist Seryazi Lamek Communication Specialist Ritah Nabaggala Community Mobilization/Primary Data Collection

AWE Engineers www.awe-engineers.com

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Acronyms, Definitions & Units

Acronyms: AIDS: Acquired Immunodeficiency Syndrome CFR: Central Forest Reserves CGV: Chief Government Valuer CMP: Construction Management Plan CSO: Civil society organisations DBST: Double Bituminous Surface Treatment EAC: East African Community ESIA: Environmental & Social Impact Assessment GoU: Government of Uganda HHD: Head of Household JICA: Japan International Cooperation Agency LC: Local Council M&E: Monitoring and Evaluation MoWT: Ministry of Works & Transport NEMA: National Environmental Management Authority NFA: National Forestry Authority NGO: Non-Governmental Organization NRDMP: National Road Development and Maintenance Plan PAH: Project-Affected Households PAP: Project Affected Persons PCR: Physical Cultural Resources PEAP: Poverty Eradication Action Plan PWD: Persons with disabilities PO : Property Owners RoW: Right of Way RAP: Resettlement Action Plan UAC: Uganda AIDS Commission UNRA: Uganda National Roads Authority UWA: Uganda Wildlife Authority Wb: World Bank WHO: World Health Organisation

Measures: m: Metre m2: Square metre km: Kilometre (= 1000 m) Ha: Hectare (= 10000 m2 or 2.471 acres)

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Currency:

UgShs: Uganda Shilling USD: United States Dollar

Definitions:

Asset Inventory: A complete count and description of all property that will be acquired by the project.

Carriageway: Area of road used by vehicles. It is bounded on either side by road shoulders.

Compensation: Payment made in cash or in kind at replacement value for an asset or a resource affected by the project at the time the assets need to be replaced.

Displaced Persons: People or entities directly affected by a project through the loss of land and the resulting loss of residences, other structures, businesses, or other assets.

Economic Displacement: Loss of income 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 road.

Economic Rehabilitation: This implies measures taken for restoration of income or economic recovery so that the affected population can improve or at least restore its previous standard of living.

Eligibility: The criteria for qualification to receive benefits under a resettlement program.

Eminent Domain: The right of the state to acquire land, using its sovereign power, for public purpose. National law establishes which public agencies have the prerogative to exercise eminent domain.

Grievance Procedures: The processes established under law, local regulations, or administrative decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement.

Kibanja: “Kibanja” is a Luganda word for a parcel of land on Mailo land. No title deed is associated with kibanja purchase: the Mailo owner (who holds the title deed) simply writes a purchase agreement witnessed by village local leaders (LCs), giving a person buying kibanja full rights to own and use the purchased portion of Mailo land. Such buyers can sell their bibanja to new owners but notify Mailo owner and local leaders about the changed ownership. “Bibanja” is plural for kibanja. Luganda is language of Baganda- the largest tribe in Uganda. Bibanja ownersare protected by Ugandan law, but are obliged to pay annual royalties to the Mailo owner. Mailo land tenure system is feudal land ownership introduced by the British in 1900 under the Buganda Agreement (of 1900). "Mailo" is a Luganda word for “mile” as the original grants under the agreement were measured in square miles. Mailo land is owned in perpetuity by owners and all such land parcels have title deeds.

Land Acquisition: This is the process of acquiring land under the legally mandated procedures of eminent domain

Physical Displacement: Loss of shelter and assets resulting from land acquisition associated with the project, requiring affected persons to move to other locations.

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Population Census: A count of the people or persons who would be affected by land acquisition and related impacts. When properly conducted, the population census provides information necessary for determining eligibility for compensation.

Project Cycle: This is the process of identifying, planning, approving, and implementing a Bank-supported development activity.

Project-Affected Area: The area subject to a change in use as a result of construction and operation of the road.

Project-Affected Households (PAH): A PAH is a household that includes one or several project-affected persons and usually comprises a head of household, their spouses, children and other dependents (for example, parents, grandchildren).

Project-Affected Person (PAP): Any person who, as a result of the implementation of the project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected people might be displaced either physically (“Physically Displaced People”) or economically (“Economically Displaced People”).

Replacement Value: The rate of compensation for lost assets, that is, the market value of the assets plus transaction costs (taxes, registration fees and cost associated with registration or transfer of new land). The replacement value of an item must reflect the cost at the time it is due for replacement. 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 including fees 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, contractors’ fees and any registration and transfer taxes.

Resettlement Action Plan: A planning document describing measures to address direct social and economic impacts associated with involuntary land acquisition for the project.

Resettlement Assistance: Support provided to people who are going to be physically displaced by the project. Assistance may include transportation and other services that are provided to affected people during relocation. Assistance may also include cash allowances to compensate affected people for inconveniences associated with resettlement and settle up expenses during transition to a new locale and lost workdays.

Resettlement Entitlements: Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category.

Resettlement Strategy: The approaches used to assist people in their efforts to improve (or at least to restore) their incomes, livelihoods, and standards of living in real terms after resettlement. The resettlement strategy typically consists of payment of compensation at replacement cost, transition support arrangements, relocation to new sites (if applicable), provision of alternative income-generating

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assets (if applicable), and assistance to help convert income-generating assets into income streams.

Road reserve: Area of land typically extending from the centre line of the road, owned by the road and within which the roads authority has rights to extend the road and place associated infrastructure. This area can also be used for placing surface or subsurface utilities (water mains, electricity, telephone cables etc).

Stakeholders: A broad term that covers all parties affected by or interested in a project or a specific issue—in other words, all parties who have a stake in the project. Primary stakeholders are those most directly affected—in resettlement situations, the population that loses property or income because of the project. Other people who have interest in the project such as the UNRA itself, beneficiaries of the project (e.g., road users), etc are termed secondary stakeholders.

Vulnerable Groups: People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.

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Contents

ACRONYMS, DEFINITIONS & UNITS ...... I LIST OF TABLES ...... VII LIST OF FIGURES ...... VIII EXECUTIVE SUMMARY ...... IX 1 INTRODUCTION ...... 1 1.1 BACKGROUND ...... 1 1.2 OBJECTIVES OF THE RAP ...... 2 1.3 SCOPE OF THE RAP ...... 2 2 SURVEYING AND VALUATION METHODOLOGY ...... 4 2.1 INTRODUCTION ...... 4 2.2 APPROACH FOR SOCIAL SURVEY ...... 4 2.3 SOCIAL SURVEY ...... 4 2.4 VALUATION OF PROPERTY ...... 5 2.5 STAKEHOLDER ANALYSIS...... 8 3 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS ...... 29 3.1 PROJECT DESCRIPTION...... 29 3.2 PROJECT AREA OF INFLUENCE ...... 30 3.4 PROJECT PROPONENT AND FUNDING AGENCY ...... 31 4 LEGAL AND INSTITUTIONAL FRAMEWORK ...... 32 4.1 LEGAL FRAMEWORK...... 32 4.2 WORLD BANK REQUIREMENTS ...... 36 4.3 INSTITUTIONAL RESPONSIBILITIES ...... 42 4.4 VALUATION AND COMPENSATION OF ASSETS ...... 44 5 SOCIO-ECONOMIC BASELINE...... 45 5.1 INTRODUCTION ...... 45 5.2 PROJECT AFFECTED DISTRICTS ...... 45 5.3 SOCIAL ORGANIZATION ...... 45 5.4 SOURCES OF LIVELIHOOD IN PROJECT AREAS ...... 46 5.5 LANDUSE AND SETTLEMENT IN PROJECT AREA ...... 47 5.11 SOCIAL AND CULTURAL CHARACTERISTICS OF PROJECT AFFECTED COMMUNITIES ...... 50 6 RESOURCES TO BE AFFECTED BY THE PROJECT ...... 53 6.1 INTRODUCTION ...... 53 6.2 CATEGORY AND IMPACT ON LAND AFFECTED BY THE PROJECT ...... 53 6.3 STRUCTURES ...... 53 6.4 LIVELIHOODS ...... 53 6.5 COMMUNITY FACILITIES...... 53 6.6 INJURIOUS DAMAGE TO PROPERTY ...... 54 6.7 PROJECT COMPONENTS RELATED TO RESETTLEMENT ...... 54 6.8 NEW PROJECT-AFFECTED PERSONS ALONG THE ROAD ...... 54 7 COMPENSATION AND RESETTLEMENT PRINCIPLES...... 56 7.1 KEY PRINCIPLES ...... 56 7.2 ELIGIBILITY FOR COMPENSATION ...... 56 7.3 OVERVIEW OF ENTITLEMENTS ...... 57 7.4 VALUATION AND COMPENSATION LOSSES ...... 59

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7.4.3.6 Land for construction camp ...... 61 8 CONSULTATION WITH PROJECT AFFECTED PERSONS ...... 69 9 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES ...... 73 9.1 GRIEVANCE COMMITTEE ...... 73 9.2 GRIEVANCE MECHANISM ...... 73 9.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES ...... 77 10 RAP IMPLEMENTATION ...... 78 10.1 IMPLEMENTATION ARRANGEMENTS ...... 78 10.2 RESETTLEMENT BUDGET ...... 78 11 MONITORING, EVALUATION AND COMPLETION AUDIT ...... 82 11.1 GENERAL OBJECTIVES AND APPROACH...... 82 11.2 INTERNAL MONITORING PROCESS ...... 82 11.3 EXTERNAL EVALUATION PROCESS...... 83 12 CONCLUSION ...... 86 REFERENCES 87 ANNEX 1: PUBLIC FACILITIES ALONG THE PROPOSED ROAD ...... 88 ANNEX 2: RECORD OF STAKEHOLDER CONSULTATIONS ...... 92 ANNEX 3: SOCIAL SURVEY QUESTIONNAIRE ...... 120 ANNEX 4: LISTS OF VULNERABLE PAPS AND REQUIRED ASSISTANCE ...... 126 ANNEX 5: NUMBER OF PAPS PER ROAD SECTION ...... 127 ANNEX 6: RADIO ANNOUNCEMENTS ...... 128 ANNEX 7: PROJECT DISCLOSURE ...... 129 ANNEX 8: RAP MONITORING PLAN...... 135

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List of Tables

TABLE 1: KEY STAKEHOLDERS IDENTIFIED WITH THEIR CORRESPONDING MANDATE AND ROLES ...... 26 TABLE 2: TRADING CENTRES ALONG ROAD ...... 29 TABLE 3: GAPS BETWEEN WORLD BANK O.P 4.12 AND UGANDAN LEGISLATION ...... 38 TABLE 4: INSTITUTIONAL ROLES IN RAP IMPLEMENTATION ...... 43 TABLE 5: SUMMARY OF AFFECTED PROPERTIES ...... 45 TABLE 6: OCCUPATION TYPES AMONGST PROJECT AFFECTED HOUSEHOLD HEADS...... 46 TABLE 7: AGRICULTURE INCOME LEVELS AMONG THE PAP ...... 47 TABLE 8: LAND TENURE BY GENDER ...... 47 TABLE 9: LAND TENURE BY GENDER ...... 48 TABLE 10: MARITAL STATUS OF HOUSEHOLD HEADS ...... 49 TABLE 11: MARITAL STATUS OF PAPS SURVEYED ...... 51 TABLE 12: GENDER AND LEVEL OF EDUCATION OF PAPS SURVEYED DURING RAP UPDATE ...... 52 TABLE 13: DATA ABOUT NEW PROPERTY OWNERS ENCOUNTERED DURING RAP UPDATE ...... 54 TABLE 14: ENTITLEMENT MATRIX ...... 65 TABLE 16: STAKEHOLDER VIEWS ...... 71 TABLE 17: RAP IMPLEMENTATION SCHEDULE ...... 79 TABLE 18: RESETTLEMENT BUDGET ...... 80 TABLE 19: RAP IMPLEMENTATION BUDGET ...... 80

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List of Figures

FIGURE 1: STAKEHOLDER ANALYSIS GRID ...... 28 FIGURE 2: LOCATION OF THE PROJECT ROAD AND ITS CONNECTION TO ROAD NETWORK IN THE REGION ...... 30 FIGURE 3: LOCATION OF THE PROPOSED ROAD THROUGH THE PROJECT DISTRICTS ...... 31 FIGURE 4: OTHER TYPES OF EMPLOYMENT AMONG PAPS SURVEYED DURING RAP UPDATE ...... 46 FIGURE 5: HOW LAND WAS ACQUIRED BY NEW PAPS ENCOUNTERED DURING RAP UPDATE ...... 47 FIGURE 6: PROPORTION OF NEW PAPS WITH SUFFICIENT LAND TO RECONSTRUCT AFFECTED STRUCTURES ON SAME LAND PARCEL ...... 48 FIGURE 7: PROPORTION OF NEW PAPS PREFERRING TO MOVE TO A NEW LOCATION DUE TO INSUFFICIENT LAND AT CURRENT LOCATION .. 49 FIGURE 8: AGE DISTRIBUTION AMONG HOUSEHOLD HEADS SURVEYED DURING RAP UPDATE ...... 49 FIGURE 9: RELIGIONS AMONG HOUSEHOLD HEADS ENCOUNTERED DURING RAP UPDATE ...... 50 FIGURE 10: ETHNICITY OF PAPS SURVEYED DURING RAP UPDATE ...... 51 FIGURE 11: LEVEL OF EDUCATION OF PAPS SURVEYED DURING RAP UPDATE ...... 52 FIGURE 12: GRIEVANCE MANAGEMENT MECHANISM ...... 77

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Executive Summary

Project Name: Road Sector Support Project 4: Upgrading of Kyenjojo – Hoima – Masindi – Kigumba Road to Bituminous Standard. Country: UGANDA

1. Introduction

Government of Uganda (GoU) through Uganda National Roads Authority (UNRA) is seeking funding from the World Bank to finance upgrade of the road between Kabwoya and Kyenjojo, a 100 km stretch. Road upgrade between Kigumba and Kabwoya will be funded by African Development Bank. The road that is currently gravel originating from Kyenjojo Town through towns of Hoima and Masindi, ending at Kigumba is 238 km. According to World Bank environmental screening guidelines, projects involving upgrading and rehabilitation of major roads, are classified “Category 1”. World Bank’s Involuntary Resettlement Policy (2003) requires a full Resettlement Action Plan (RAP) prepared if number of project affected persons (PAP) exceeds 200 people. After more than two years when the first RAP was prepared, but never implemented, it was imperative to have it (RAP) updated. Thus, a RAP update was done for the 100km section, to be funded by the World Bank. According to the updated RAP, 904 new properties owners were identified to be affected by the project. These when added to the original number of 4824, a total number of 5728 properties will be affected by this project. The study was undertaken by Air Water Earth (AWE) on behalf of an engineering design consortium comprising Mott MacDonald.

Currently, the existing road is dilapidated and not able to meet current demand for service provision. It is anticipated that the road project and development induced by it, will stimulate and uplift economic activity and increase demand for infrastructure services along areas it passes through. Without the project, access to these areas will continue to be difficult which inhibits socio-economic development. Different sections of the road are:

. Kyenjojo–Hoima: 150.5 km ; . Hoima–Masindi: 54 km; . Masindi–Kigumba: 33 km.

2. Project Description and Justification

The road to be upgraded is 238 km with gravel carriage way located in Western Uganda, running through Districts of Kyenjojo, Kibaale, Hoima, Masindi and end up at Kigumba Town Council in the newly created Kiryandongo District connecting to Gulu highway. It is subdivided into three links (Table E1). However, the World Bank will fund the 100 km stretch from Kyenjojo to Kabwoya1.

Table E1: Lengths of sections along the road Link Section Length (km) I Kyenjojo to Hoima 150.5 II Hoima to Masindi 54 III Masindi to Kigumba 33 Total length 238

The gravel road will be upgraded to Class II paved road with a 7 m carriageway. In rural areas the road will have 1.5 meter shoulders on either side while in trading centres shoulders of width 2 m are provided on either side of the road for safe pedestrian traffic.

1 This RAP update covered only this section (100Km) to be funded by the World Bank.

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. The rationale for the upgrade is comprised in the following key objectives:

. Provide a strategic link between the northern corridor (specifically south western Uganda, Rwanda and Burundi and eastern DRC) and the Kampala - Gulu -Juba corridor. The Northern Corridor anchored by the port of Mombasa in Kenya, is a key transport route for national, regional, and international trade of the five East African Community (EAC) countries - Burundi, Kenya, Rwanda, Tanzania, and Uganda. . Improve access to markets, social and health services and employment possibilities for residents within the zone of influence of the proposed road. . Provide a high standard road to support on-going and future oil and gas operations in the area.

The proposed project offers enormous distance and journey time savings for traffic to Fort Portal, southwestern Uganda and eastern Democratic Republic of Congo (DRC) and in areas north of Kigumba (Gulu, Sudan and northeastern DRC). The distance between Kyenjojo and Kigumba via Kampala is approximately 485 km; via the proposed road it is 234 km, a saving of 251 km. Once the proposed project is completed, transport costs would reduce by 50%.

3. Potential Impacts

Although upgrade of the gravel road to a paved surface will follow existing alignment, there will be social impacts such as land take and impact on residential and commercial houses, business units, kiosks, crops and trees (including fruit trees) where the road alignment is altered either to widen the carriageway or remove dangerous corners. Several structures will be affected in Kagadi Trading Centre, Muhorro, Haikoona and in other places as detailed on strip maps. Along each section of the road, table below shows number of people affected and landtake.

The earlier RAP prepared in 2010-11 had a total of 9005 affected property owners along the entire road stretch from Kyenjojo to Kigumba, while that from Kyenjojo to Kabwoya had 4824 affected property owners. After more than two years since the RAP was prepared, but delayed for its implementation, it was imperative that it gets updated since some property owners sold off their entire property or subdivisions thereof. Consequently, in the RAP updated in January 2014, a total of 904 new property owners were encountered in the stretch between Kyenjojo and Kabwoya leading to a total of 5728 property owners. Table below shows old and new figures of affected property owners along Kyenjojo – Kabwoya stretch (100 Km).

Table E3: Number of property owners affected along Kyenjojo – Kabwoya road section RAP year Road section No. of affected property owners 2014 Kyenjojo – Kabwoya 5728 2010 Kyenjojo – Kabwoya 4824

Most of structures affected in towns and trading centres are permanent buildings while in rural areas both permanent and semi-permanent buildings will be impacted by the project. Disruption to businesses and temporary loss of income during relocation can be minimized if owners are allowed to rebuild replacement structures before completely vacating the old ones where possible during the regulatory 6-month “notice to vacate” period. Economically-displaced people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This only applies to those whose business that will be required to relocate, but also to those employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops.

The proposed project offers enormous distance and journey time savings for traffic to Fort Portal, southwestern Uganda and eastern Democratic Republic of Congo (DRC) and in areas north of Kigumba (Gulu, Sudan and north- eastern DRC). The distance between Kyenjojo and Kigumba via Kampala is about 485 km; via the proposed road it is 234 km, a saving of 251 km. Once the proposed project is completed, transport costs would reduce by 50%.

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It is expected that during construction, over 150 local people will benefit employment opportunities working on the road sites or various economic activities such as support services (catering, housekeeping, etc) at workers camps. There will be financial benefit for material suppliers and owners of land to be rented for camps, equipment yards and borrow sites will. As indicated in the property valuation report, several churches, schools and health centres will lose strips of land to the road reserve. Many community resources would lose land to the project and road redevelopment could also cause temporary disruption to their access, such as when overburden is dumped into junctions leading to these faculties such as to render them impossible to be accessed by women, children elderly or disabled people.

In some places, water mains and 33 kV power lines adjoining the existing road will need relocation during road upgrade, causing temporary disruption in supply. There may also arise injurious damage (e.g. cracking) of private property which, since outside project area, would not normally be compensated. Injurious damage to property during project implementation can be mitigated or compensated as follows: a) Monetary compensation to owners from contractor’s insurance, which will be within the framework of replacement cost or/and current market costs. b) Contractor to repair or replace, to owner satisfaction, any injuriously damaged property.

Since the earlier RAP whose cut-off date was 10 February 2011, findings of the census update shows that new project-affected property owners losing land are 841 and of these 641 are male and 200 female. Forty seven (47) people will lose kiosks /shades located close to the road corridor. Eleven (11) property owners indicated the possibility of being able to move farther back from the road as they will be affected temporarily and 18 property owners will need to move permanently to a new location. Census survey results from the project affected area also recorded 4 squatters but no encroachers were recorded within the road corridor. These findings are summarised in table below. The total figure (921) includes 17 property owners losing both land and structures.

Table E4: Data about new property owners encountered during RAP update Type of property to be affected Number Number of people losing only land only 841 Number of people losing kiosks /shades 47 Affected property that can be moved farther back from the road 11 Affected property owners who need to be moved to new location 18 Number of encroachers - Number of squatters 4

The increase in number of property owners mainly arose from subdivision of land arising from sales and sharing of land among family members. Other new properties are temporary structures e.g. kiosks which could easily be moved back from existing locations.

4. Organizational Responsibility for RAP Implementation

Uganda National Road Authority (UNRA) will be responsible for implementing the RAP. UNRA will procure a firm to support the implementation of the RAP on its behalf. The Ministry of Lands, Housing and Urban Development (MoLUHD) is a key institutional agency in which the Chief Government Valuer (CGV) who approves valuation and compensation reports is found. The Ministry is also responsible for issuance of land title deeds. District Land Boards in respective local governments develop compensation rates and will be useful during RAP implementation, monitoring and grievance management. Local Councils will authorize compensation payment schedules. Local councils will be involved in verifying identity of PAPs and grievance redress. UNRA may sub-contract a contractor to implement the RAP but this is expected to work through the District Committees which will comprise members from the District Land Board, Parish Land Committees, Local Councils (I-V), local leaders, representatives of the PAP and identified NGO/CBO active in the area.

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5. Public Consultations and Community Participation

Consultations with affected people along Kyenjojo-Kabwoya road section were conducted from 11th-18th December, 2013. A total of 819 people (190 women and 629 men) were consulted during this period. Generally upgrading the road from gravel to bituminous standards was prevalently considered a timely and beneficial to the districts/ region and country. In spite of this, some of the key issues were:

. UNRA to ensure equitable and timely compensation for all affected assets before road construction commences. . Property located away from the road and otherwise not eligible for compensation should be duly compensated if damaged by contractors. Besides structures, this applies to water mains or power lines in towns e.g. Katooke Trading Center. . People also suggested that when the largest part of one’s land is affected and the remaining parcel is so small that it is not useful for farming or settlement, the project should provide compensation for the entire parcel of land so that affected persons can resettle elsewhere they can purchase sufficient land. Additionally, . Property owners required UNRA to ensure quick and proper grievance resolution during RAP implementation.

Table below shows locations where consultations were conducted along the road section between Kyenjojo and Kabwoya.

Table E5: Consultation made with new property owners villages affected by the project District Villages Date of consultation Gender of people consulted1 Female Male Hoima Bwijongoro 15th December 2013 1 Kacanga TC 16th December 2013 1 5 Katooke Kitaana 16th December 2013 3 13 Kiburara 15th December 2013 2 20 Kikoonda II 16th December 2013 4 18 Kimbugu LC 1 16th December 2013 3 14 Kisankwa Cell 16th December 2013 1 Kisindi 16th December 2013 1 Kitaganya LC 1 16th December 2013 6 10 Mundama LC 1 16th December 2013 6 45 Nyakabale 16th December 2013 7

Kagadi Kiranye 14th December 2013 1

Kibaale Atahiri LC 1 14th December 2013 1 Bihanga B 14th December 2013 2 7 Gayaza A 15th December 2013 7 11 Gayaza B 15th December 2013 4 10 Ikuma 14th December 2013 3 9 Irobe 15th December 2013 1 5 Itahiro 14th December 2013 8 Kagadi North 16th December 2013 2 4 Kagadi TC 14th December 2013 1 Kahuniro LC 1 15th December 2013 3 13

1 (Note: signed consultations forms, which are too voluminous to append to this report, are available at UNRA in hard copy).

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District Villages Date of consultation Gender of people consulted1 Female Male Kaitabahindi 13th December 2013 3 8 Kaitemba 14th December 2013 8 24 Kararike LC 1 13th December 2013 2 15 Kasaagate 13th December 2013 3 8 Kasenda Cell 15th December 2013 1 3 Katonzi 15th December 2013 2 Katooma 14th December 2013 27 31 Kibanga 14th December 2013 2 6 Kihura B 14th December 2013 1 Kiryane Cell 14th December 2013 10 23 Kisankwa LC 1 15th December 2013 3 Kitegwa 14th December 2013 3 10 Kitemuzi East 15th December 2013 3 Kitemuzi West 15th December 2013 4 Kitengwa ward LC 1 14th December 2013 1 2 Kitooro 13th December 2013 1 2 Kyabahita LC 1 15th December 2013 1 1 Kyakadehe LC 1 15th December 2013 9 Kyakasenewe 20th December 2013 1 Kyangamoyo LC 1 14th December 2013 5 Kyenzige TC 14th December 2013 5 17 Mabaale TC 15th December 2013 12 Mugalike 14th December 2013 3 Muhooro 13th December 2013 1 1 Mutunda B 14th December 2013 1 Nakulabye 14th December 2013 1 Nyamanga LC 1 13th December 2013 1 4 Nyamiti LC 1 13th December 2013 9 20 Nyanseke LC 1 13th December 2013 6 9 Pachwa 16th December 2013 13 47 Piida LC 1 13th December 2013 1 2 Kyembogo LC 1 15th December 2013 1 Kyetera LC 1 15th December 2013 1

Kyenjojo Kabatoro 12th December 2013 3 12 Kakindo 12th December 2013 4 38 Mabira B 12th December 2013 7 19 Mabira A 12th December 2013 1 1 Kitwetwe LC 1 12th December 2013 4 2 Katara LC 1 12th December 2013 3 9 Katooke Central B 12th December 2013 - 8 Kyeyijumba 11th December 2013 1 5 Enjueru 12th December 2013 3 Haikoona 12th December 2013 1 2 Icwamukono 12th December 2013 4 4 Kabugunda 11th December 2013 1 1 Kaiganaga 12th December 2013 1 1 Muzizi A 13th December 2013 4 6 Muzizi B 12th December 2013 2 12 Mirambi 12th December 2013 1 3 Mukole 12th December 2013 - 4

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District Villages Date of consultation Gender of people consulted1 Female Male Nyamiti 13th December 2013 1 2 Nyamwandara 11th December 2013 2 11 Ramukorra 11th December 2013 - 1 Kisenyi 13th December 2013 - 1 Kyasemu 11th December 2013 - 1 Kyeya 12th December 2013 - 2 Kyakaboyo 11th December 2013 - 1 Total 190 629

6. Integration with Host Communities

It is expected that most affected home owners would have some land to reconstruct their dwellings a little back from affected locations. Conversely, due to linear settlement pattern along roads and small size of commercial land parcels (plots) in towns and trading centres, this may not always be possible and affected persons would have to relocate to new plot of land but still within town. There is thus little possibility that a large population of PAPs would be relocated to an entirely new host community.

7. Socio-economic baseline conditions

The existing road lies in five districts of Kyenjojo, Kibaale, Hoima, Masindi and Kiryandongo, in western Uganda. The population comprised of Banyoro, Batooro, Banyankole and migrant tribes such as Bakiga, Bakonzo and Bafumbira plus other migrants are from surrounding countries of Democratic Republic of Congo. Despite some regional and localized differences, poverty in the districts is generally considerable and attributed to inadequate skills, land shortage, poor farming methods, gender inequalities, low productivity, morbidity due to malaria and HIV/AIDS. More men than women owned land in the project-affected area. Prevalently land is owned under tenure customary tenure. The average affected household comprised of 6 people (higher than the national mean household size of 5.08). The most affected age group was between 36 and 40 years. Most affected households were headed by males compared to female-headed households. Firewood is the principal source of energy for cooking in the project districts. The road project would not affect wood stock or access to firewood. Proportions of households using other types of fuels like paraffin and electricity are almost negligible. Prevalently, households in project districts use paraffin candles for indoor night lighting and only 9.5% of households had access to grid electricity for lighting.

A total of 904 new PAPs were encountered between Kasinga in Kyenjojo Town Council and Nyakabale in Kabwoya Sub-county, Hoima district. This number is inclusive of new persons who bought land (either entire parcels or subdivisions thereof) along the road, and persons who have since inherited land or have been given land by their parents.

From the survey, findings indicated that 19% of people aged 10 years and above have never attended school, while 20% completed primary school and only 8% completed secondary school with 5% have attained high tertiary education. Primary data shows that a majority (51.4%) of PAPs dispose their waste in their gardens while (36%) dispose it in a compost pit at the back yard while 12.6% of respondents burn their waste.

Significant historical buildings and monuments were found in this area. The region is an ancient place with evidence of ancient settlement starting from colonial building together with Indian settlement terraces. Old buildings of the colonial nature (1920-1930s) were observed especially at administration institutions. Fortunately they sites (old buildings) will not be directly affected since they are about 70m from the road center line, far away from the recommended 15m in the design. Monuments were also recorded and these will not be affected except Businge

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monument which located in a roundabout of Kyenjojo-Hoima -Masindi Road. This can be covered during construction but also maintained after construction phase.

Settlements along the project area are generally linear especially in trading centres. There is a mix of residential, commercial and small scale industrial (maize, mills saw mills, welding) buildings including shops and market stalls along the road. However, most buildings especially residential ones are located away from the road.

8. Institutional and Legal Framework Key legislations governing compensation and resettlement in Uganda are the Constitution of Uganda (1995) and the Land Act (1988). Article 237(1) of the Constitution vests land ownership in citizens of Uganda, however under Article 237(1)(a), the Central or Local Government may acquire land in the public interest. The Constitution prescribes various tenure regimes in accordance with which rights and interests over land may be held. It provides procedures to follow in acquiring land in the public interest and provides for the “prompt payment of fair and adequate compensation” prior to taking possession of land. The Land Act (1988) is the principal legislation on land tenure in Uganda which emphasizes adequate, fair and prompt compensation by the developer of the occupier or owner of land. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Committees (PLC) and Land Tribunals. Section 78 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by DLBs.

The following legal instruments provide the legal framework for compensation and resettlement in Uganda:

. The Uganda Constitution (1995) . The Local Government’s Act 1997 . The Land Act, 1988 . Physical Planning Act , 2010 . Valuation Act 1965 . The Access to Roads Act ,1965

UNRA’s Land Acquisition Manual (LAM) was designed to satisfy regulatory and key financiers resettlement requirements, based on the following principles: (i) Compensation should be aimed at minimizing social disruption and assist those who have lost assets to maintain their livelihoods. In accordance with Ugandan laws and standards, a disturbance allowance is to be provided to PAPs to cover costs of relocation during resettlement; and (ii) Community infrastructure must be replaced and ideally be improved in situations where it was deficient. This for example includes roadside water sources.

Preparation of the RAP has taken into consideration safeguard policies of World Bank Involuntary Resettlement Policy with the aim to ensure that project-affected persons should be assisted to improve their livelihoods and standards of living or restore them to pre-displacement levels or levels.

9. Eligibility

The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and properties, i.e. 18th Dec 2013. No structure or field established in the project-affected area after that date would be eligible for compensation. The cut-off date after which no settlers or developers are eligible for compensation was publicized among potentially affected people. This was explained during the census and valuation exercise to all stakeholders in the area, including: Project-affected people, identified and individually surveyed, Parish Land Committee (LC2 level), District Land Board (LC5 level), LC officials in which consultations were undertaken

The following categories are eligible for compensation:

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. People who have been in the surveyed part of the proposed road reserve and working areas; . Landlords owning land affected by the road; . People whose structures are to be affected by the development; . People who rent land for cultivation (sharecroppers) and their crops or trees are to be removed or damaged due to land acquisition activities. . Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Uganda and World Bank/Donor policies. . Public or community facilities such as churches, schools and water sources.

10. Valuation of and Compensation of Assets

Section 78 of the Land Act (1988) prescribes valuation principles for compensation including compensation rates which are approved by District Land Boards and are updated on yearly basis. Other requirements for assessment of compensation of assets are provided under the Valuation Act 1965. A full census of affected persons and survey/ valuation of and their assets will was completed on the cut-off date by Surveying /Valuation Teams who worked with Local Councils, especially LC1 of affected villages and towns centres to verify identity of affected persons and their physical assets including land sizes, crops, trees and buildings.

The basis of valuation for compensation purposes is provided in the Constitution of Republic of Uganda 1995 and the Land Act 1998. The value of land and buildings is based on the market value, that is, the probable value the property will fetch when offered for sale. Affected land was categorized as semi-urban, rural or dry land and hence different rates applied for each category. Valuation rates used for affected land were “market values” based on evidence obtained during property inspection and surveys. Most project-affected residential and commercial buildings are constructed in permanent materials such as burnt clay bricks and iron roof sheets. However, valuation also encountered many semi-permanent and temporary structures built in very low-cost materials such as timber. Buildings and structures were valued on the basis of Replacement Cost Method to arrive at their market value. District compensation rates were applied to derive compensation values for crops, fruit trees, flowers and shrubs owned by PAPs. According to Uganda’s compensation regulations, annual crops which could be harvested during the period of notice to vacate given to land landowners are excluded in determining compensation values.

11. Grievance Redress Mechanism

Based on experience of earlier RSSP projects, most grievances will be related to property valuation. These are likely to arise when households consider compensation values for their assets insufficient, especially when PAPs doubt if valuation values do indeed provide replacement value or if PAPs misunderstood the compensation process and believe they are entitled to additional compensation. Given this, UNRA will constitute a dedicated committee and procedure to manage and close out grievances. While some grievances would be resolved by the committee, others might not, such as when claimants contest compensation rates developed by District Land Boards. Inspite of the grievance procedure, if, the aggrieved person is not satisfied with resolutions of the Grievance Committee at local level/village, he/she will have the choice of resorting to courts of law.

12. New Cut-off Date

The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and survey of properties. Property owners were informed about the new cut-off date as 20th December, 2013. Property owners were strongly advised that structure or crops established in the project-affected area after the cut-off date would not be eligible for compensation. This was explained during the census update and valuation exercise to all stakeholders in the area.

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11. Costs and Budget a) Resettlement budget

Value for compensation for land, crops and structures for Kyenjojo-Kabwoya road is presented in table below inclusive of a 15 % Disturbance Allowance, based on 6-months’ notice to vacate affected property after receipt of compensation. UNRA has committed funds in 2014/2015 budget for implementation of this RAP.

Table E6: Resettlement budget for Kyenjojo-Kabwoya road section District Number of Villages Amount (UGX) 1 Kyenjojo 31 6,869,106,362 2 Kibaale 49 7,480,309,169 3 Hoima 16 1,536,067,940 Total 1 96 15,885,483,471 b) RAP implementation budget

Table E7: RAP implementation budget 1 RAP implementation consultant 950,000,000 2 Monitoring & evaluation 400,000,000 3 Provisional sum for special assistance to vulnerable people 150,000,000 4 Provisional sum for market rehabilitation and vendor relocation 400,000,000 Total 2 1,500,000,000 Grand total (Total 1 + Total 2) 17,385,483,471

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12. Monitoring and Evaluation

Monitoring is essential to ensure that RAP implementation achieves desired results. A monitoring and evaluation framework for RAP implementation has been developed to include a plan for monitoring and evaluation of compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including World Bank. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule and support of vulnerable PAPs.Monitoring will be both Internal monitoring by UNRA, and External evaluations by World Bank and other national stakeholders. During resettlement, monitoring shall focus on resettlement issues such as:

. Number of families that have been compensated; . Number of people with grievances . Number of grievances resolved . Number of people who have acquired legal documents to new property, . Number of business owners who have restored their businesses, . Efficiency and effectiveness of grievance redress mechanism.

Post resettlement monitoring should focus on rehabilitation issues, for example:

. Success level of restoration of livelihoods . Success level of restoration of assets . Efficiency and effectiveness of grievance redress mechanism.

A review of regular progress reports produced by UNRA will be carried out by all stakeholders both at national and local levels including the World Bank. After completion of resettlement, a final report will be submitted by UNRA to the World Bank prior to preparation of the project implementation report. The report shall indicate effectiveness of project implementation and disbursement of compensation payments, effectiveness of public involvement and socio- economic impacts of roadside communities. This report will give overall assessment of the RAP process indicating activities undertaken, success of mitigation action and monitoring and well as useful lessons learnt.

A key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and World Bank requirements.

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1 INTRODUCTION

1.1 BACKGROUND Uganda National Roads Authority (UNRA) received funds from the Government of Uganda (GoU) and intends to apply a portion of the proceeds towards the cost of The National Road Development and Maintenance Plan (NRDMP). One of the gravel roads to be upgraded to bituminous standard is Kyenjojo – Hoima – Masindi – Kigumba. Of this, World Bank to will finance road upgrade between Kabwoya and Kyenjojo, a 100 km stretch and this RAP update applies to this section only. African Development Bank (AfDB) will finance the section from “Muzizi Bridge-Kabwoya- Masindi to Kigumba”. Despite periodic maintenance, there is inadequate drainage and the road alignment needs to be improved. The whole stretch lies in hilly and rolling terrain with dense forests in Kibaale district and parts of Hoima district. There are 2 bridges along this link: the Muzizi Bridge constructed from reinforced concrete and Nkusi Bridge which is more of a Bailey bridge. The Hoima - Masindi link is 54 km that connects Hoima District to Masindi District. Some parts of this link were also in fairly good condition following periodic maintenance while other parts were characterized by surface corrugations, potholes, inadequate drainage and poor alignment. The Masindi - Kigumba link is 33 km that connects Masindi Town to Kigumba Town Council. At Kigumba, the road connects to Kampala - Gulu Highway. This section was in poor condition characterized by surface corrugations, potholes, inadequate drainage and poor alignment.

Uganda National Roads Authority (UNRA) contracted Mott MacDonald, a UK-based engineering consultancy firm in association with Kagga & Partners (Ugandan) to carry out the feasibility studies, detailed design, tender document preparations and project management for upgrading the road. Air Water Earth (AWE) LTD was contacted by the consortium to undertake a Resettlement Action Plan (RAP) to guide land acquisition for the project.

The road will no doubt play a major role in economic development of the project Districts by providing an essential link to markets and social services, industry, health and education. While the upgrade will for most sections follow the existing alignment, road widening will in some cases affect private land, permanent and semi-permanent residential and commercial structures. The purpose of this RAP is to guide implementing of the impending resettlement and ensure equitable compensation. The road and its reserve of 30 m (15 m on either side of its centerline) would affect about 904 new property owners, with effects ranging from loss of strips of land adjoining the road and structures.

The earlier RAP prepared in 2010-11 had a total of 9005 affected property owners along the entire road stretch from Kyenjojo to Kigumba, while that from Kyenjojo to Kabwoya had 4824 affected property owners. Due to delays in RAP implementation, some of these property owners sold off their entire property or subdivisions thereof. Consequently, in the RAP updated in January 2014, a total of 904 new property owners were encountered in the stretch between Kyenjojo and Kabwoya leading to a total of 5728 property owners.

It is currently a policy of Uganda Government to have all road projects comply with national as well as donor safeguard policies among whose requirements is a RAP. The goal of this RAP is therefore to minimize economic and social impacts that would arise from involuntary resettlement such as:

. relocation or loss of shelter; . loss of assets or inability to access to assets; . loss of income sources and livelihood.

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1.2 OBJECTIVES OF THE RAP This RAP was designed to provide guidance on how project-affected persons in the project-affected areas should be equitably compensated and upon relocation, able to cope and lead a normal life as was previously lived or a better one. The RAP is primarily for property and landowners adjoining the proposed road project.

Cadastral surveys and property valuation that informed this RAP were done with the aim to: i) Delineate private land and properties to be affected, ii) Compile an accurate list of the project-affected persons (that is, owners and land users having an interest in the road reserve) iii) Establish monetary worth of all immoveable assets, including structures (permanent or semi-permanent), perennial and annual crops and trees within the road reserve.

In view of the foregoing, the main objectives of this RAP were to: i) Prepare social profiles of PAPs through a social-economic survey. ii) Ensure that the displaced people receive equitable compensation prior to their displacement. iii) Raise awareness of the project and its consequences among affected communities. iv) Carry out consultations with relevant stakeholders, including potentially affected persons and obtain their views and suggestions regarding social impacts of the proposed project and measures to cover the losses. The results of the consultations will be made available to all relevant stakeholders, including potentially affected persons through RAP disclosure. v) Determine the extent of the impacts due to involuntary resettlement associated with the land acquisition for purposes of construction and alignment of the road, and put in place measures to mitigate those impacts. The impacts here are to do with land acquisition and the accompanying losses or interruption of livelihoods of the project affected people due to the construction activities related to the proposed roads, etc. vi) Establish the actual compensation costs necessary for resettlement and quantify the land area to be acquired for the road reserve. vii) Prepare resettlement strategies including entitlement matrix and arrangements for implementation that would mitigate adverse socio-economic impacts and grievances. viii) Prepare strategies to mitigate adverse socio-economic impacts and possible grievances arising from resettlement.

1.3 SCOPE OF THE RAP The RAP will set the parameters and establish entitlements for project affected people (PAP), the institutional framework, mechanisms for consultation and grievance resolution, the time schedule and the budget, and propose a monitoring and evaluation system.

The package of agreed entitlements in the form of a matrix that will include both compensation and measures to restore the economic and social base for those affected. Besides requirements of Government of Uganda the RAP shall follow the policy of World Bank on Involuntary Resettlement which requires that people who are adversely affected by project activities receive compensation to the extent that their livelihoods and standard of living is restored to at least a pre-project level.

Therefore to achieve the objectives of the RAP, activities were limited to the following:

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i) Identification persons or groups affected by the project either through destruction of buildings or crops or loss of land and income. ii) Consultation with project affected people (PAP) in each village along the road. The consultations sought to involve PAPs in formulating ideal compensation and resettlement strategies. iii) Identification of options for resettlement and compensation of project affected persons (PAPs), which according to the legal requirements of Uganda Legal Legislation and are consistent with the relevant policies of UNRA and the World Bank. iv) Review of Uganda legislation and guidelines on land acquisition, compensation and development of infrastructure projects. v) Census of property owners to be affected by the road project and property valuation. vi) Socio-economic survey on a representative sample of affected households to obtain a social profile of affected persons. The survey aimed at establishing a baseline against which effectiveness of resettlement assistance could be measured. It was based on a comprehensive socio-data questionnaire (Annex 3) and covered the following: . information on family/ household members . household land holdings and assets . livelihood in affected households . health & vulnerability . welfare indicators . expenditure patterns vii) Preparation of a resettlement action plan (RAP) comprising of an entitlement matrix with impact categories. Compensation and assistance for resettlement were based on the premise that lives of the affected people should not be worse than before displacement. viii) Arrangements for implementation providing guidance on proper implementation of the RAP including institutional arrangements; implementation timeframe and compensation budget derived from property valuation. ix) Consultation and participation of affected communities were undertaken throughout preparation of the RAP and their feedback incorporated in designing resettlement strategies. x) Developing a grievance redress mechanism. xi) Developing a monitoring, evaluation and completion audit framework.

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2 SURVEYING AND VALUATION METHODOLOGY

2.1 INTRODUCTION The RAP was conducted using both qualitative and quantitative methods. Affected households and property were determined from the road survey and a census of PAPs. During RAP update, social data of new affected persons was obtained from interviews, meetings and questionnaires. Property surveying and valuation entailed inspection and referencing of land and buildings. Crops (including fruit and timber trees) were counted and their value established basing on compensation rates of respective District Local Governments. Sections below provide the methodology used.

2.2 APPROACH FOR SOCIAL SURVEY A social survey was conducted to establish the social profile of the project affected people and project area in accordance with Ugandan requirements for involuntary resettlement. Information obtained from the social survey was used to analyze poverty and welfare indicators in households, social-economic needs and impact on livelihoods of affected people if the project is implemented as proposed. Broadly, site-specific data gathered from the survey comprised of three main categories: population and demographics; landownership and land use; businesses and socio-cultural resources. Among other things, ethnicity, gender, health, household income levels and sources were captured in the social survey. These categories and respective survey criteria are presented in Box 1.

Box 1: Social-economic data survey categories and criteria Population and demographics: a) Number of physically or economically displaced people b) Ethnicity in project-affected area c) Views of project-affected people d) Vulnerable people e) Literacy levels f) Size of households including dependants

Land ownership and land use: a) Number of PAPs dependant on agriculture for livelihood b) Land uses, crops and livestock types, type of housing c) Land tenure d) Income from agriculture and value of agricultural land e) Views of project-affected people

Social-cultural and business: a) Presence, number and types of cultural resources b) Presence and number of communal social facilities (schools, prayer houses, etc) c) Businesses (restaurants, video halls, eateries, bars, etc) d) Income from agriculture and value of agricultural land e) Views of project-affected people f) Expenditure patterns in households

2.3 SOCIAL SURVEY 2.3.1 Criteria for Identifying PAPs The criteria for identifying the project-affected people (PAPs) was that everybody whose property (land, building, crops) is affected in part or whole by widening the road, would be eligible for compensation. These PAPs were

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identified by the cadastral surveying team and through follow-up surveys and were included in the census. Employees and tenants were to be established at the stage of disclosing individual household entitlements.

Prior to undertaking the detailed social survey, sensitization meetings were held in each village along the road to disclose and explain the forthcoming RAP study, explain the valuation process and how it is conducted according to Ugandan guidelines. These meetings were conducted by social survey teams and a representative of the property valuation consultant. In the meetings, the project planning schedule was disclosed, cut-off for eligibility explained, rights of PAPs and grievance procedures outlined.

All meetings were chaired by either the village’s Local Council (LC1) chairperson or LC 3 Council member (Councillor). These meetings aimed to create awareness about upcoming RAP, quell any apprehensions PAPs might have about resettlement hence, enabling them to provide true household and personal information during the social survey.

2.3.2 Fieldwork, Socio-survey and Data Analysis Tools To develop a social profile of PAPs, a structured questionnaire (Annex 3) was administered for a representative sample of 40% of all affected people. Prior to administering the questionnaire to each PAP, its content was explained and purpose of requested information carefully explained. Social data collected in the questionnaires was cleaned up, coded, entered in a database then analyzed using SPSS1microcomputer package.

2.3.3 Census and Property Valuation The census was conducted by AWE and findings compiled into a MS Access database, linked with the property valuation data. Property census and valuation was conducted by Associated Engineering (AES).

Census update entailed enumeration of all project affected persons and their household members and dependants. The census update was conducted all along the road between 11th -18th December, 2013

2.4 VALUATION OF PROPERTY Valuation of property, the results of which fed into the updated RAP, was executed by an independent chartered surveying and valuation firm based on prevailing market prices. Property valuation and census were conducted.

2.4.1 Topographical and Cadastral Surveys Land of all the people was surveyed and mapped indicating respective tenure systems. Customary land tenants and registered proprietors were recorded and a strip map produced. Survey beacons were placed at locations where the cadastral lines cross the road alignment. This information is presented on a strip map of the road showing the position of the proposed works on the existing cadastral maps. No land title deed mutations were signed as the registered proprietors can only sign after compensation. Based on this, acreage of land affected for both the registered plots and customary interests were calculated and a property valuer determined the commensurate compensation values for each affected property.

2.4.2 Inspection, Referencing and Valuation Data collected covered registered land, bibanja holdings, permanent- and semi-permanent structures, crops and economic trees.

1SPSS: Statistical Package for the Social Sciences.

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This data was entered on the compensation assessment forms. Enumeration of crops and trees and referencing of property was witnessed by property owners or their representatives and area local council leaders (LCI officials). This ensured that all queries associated with ownership, quantity of items and sizes of land are accurately documented. The land surveyors provided acreage of affected land which was used by property valuers to establish commensurate compensation conforming to Uganda Government laws.

2.4.3 Basis of Valuation The basis of valuation for compensation purposes is provided in the Constitution of Republic of Uganda 1995 and the Land Act 1998.The value of land and buildings is based on the market value, that is, the probable value the property will fetch when offered for sale. In arriving at market values, it was assumed that:

. The owner is a willing seller, . 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 proper marketing of the interest, for the agreement of price and the completion of the sale, . The state of the market, level of values and other circumstances were, on any earlier assumed date of exchange of contracts, the same as on the date of valuation, . No account is taken of any additional bid by a prospective purchaser with a special interest, . Both parties to the transaction had acted knowledgeably, prudently and without coercion.

2.4.4 Derivation of Compensation Rates a) Land Wherever available, recent agreements of sale of physical property (land and buildings) were reviewed during surveys. This information provided in sight into purchase prices that were prevailing in the project area at that time. These values were analyzed and adjusted before use because of the heterogeneity of land parcels to which they were applied to determine the market value.

Affected land was categorized as semi-urban, rural or dry land and hence different rates applied for each category. Valuation rates used for affected land were “market values” based on evidence obtained during property inspection and surveys. b) Buildings and structures Most project-affected residential and commercial buildings are constructed in permanent materials such as burnt clay bricks and iron roof sheets. However, valuation also encountered many semi-permanent and temporary structures built in very low-cost materials such as timber. Buildings and structures were valued on the basis of Replacement Cost Method to arrive at their market value. World Bank stipulates that depreciation of an asset and value derived from salvaging materials from razed structures should not be discounted when deriving replacement cost. Additionally WB policy on resettlement requires replacement value to include cost of materials transport to site, labour costs and any transfer fees or taxes involved in replacing an asset.

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For rented commercial properties, Investment Method1 of valuation was used and necessary adjustments made to derive the final value. For PAPs losing businesses, production or rental income occasioned by loss of commercial structures, additional compensation of 6% was allowed on top of the value of affected building. This additional value was estimated sufficient to cover loss of sales over the time replacement buildings would be reconstructed. c) Crops District compensation rates were applied to derive compensation values for crops, fruit trees, flowers and shrubs owned by project-affected persons. According to Ugandan compensation regulations, annual crops which could be harvested during the period of notice to vacate given to land landowners/ occupiers are excluded in determining compensation values. The valuation rates for crops takes into account the possible income generated from crops.

2.4.5 Assumptions and Limitations of Valuation The following assumptions and limitations were encountered during property valuation:

i) Bibanja owners on Mailo land have legal ownership rights as provided for by Ugandan law. An apportionment of land value of 60% and 40% share of the market value was given to the landlord and bibanja owners respectively, depending on developments invested on the affected land. For example, a kibanja owner who has a permanent structure such as a house or perennial crops is entitled to a 60% share of the compensation value while a person with only temporary structures or annual (seasonal) crops is only entitled to 40%. This is generally adequate for replacement value, and if a new kibanja ownership agreement was to be sought on a new piece of land, it would cost the same 60/40 split applied depending on the temporal permanency of developments thereof.

Allocation of land compensation should follow the apportionment of land value specified in the law. Compensation for improvement on land however should go to whoever paid for those improvements. If the landlord build the structures or installed any infrastructure on affected land, they should be compensated for that investment. If improvements and infrastructure were made by the tenant, then compensation for this investment should go the tenant. The apportionment of the value of land however remains constant.

ii) Acreage of kibanja holdings provided by the land surveyors represents the actual physical land taken from each kibanja owner. iii) The acreage on "Private Mailo' titles are assumed to be the correct record as entered in the Lands and Surveys Department Registry. iv) The compensation assessed is for land and property as they existed at the time of inspection and valuation. Subsequent developments and structural improvements after the cut-off date will not be considered for compensation purposes. v) The property owners expect to be given a 3-month “notice to vacate”, hence a 30% statutory disturbance allowance has been provided in property values. The disturbance allowance complements entitlements of affected persons and aids to bring compensation offers to replacement value. vi) Buildings which only have portions damaged are assessed as wholly affected and necessitating full compensation. vii) Incomplete buildings and structures were valued in their existing (“as is”) state.

1“Investment Method”was used for commercial (and residential) property that is producing future cash flows through letting or renting. The method derives market value of a subject property by reference to observed recent transactions of similar properties in the same area. Note that this method is really a comparison method, since the main variables are determined in the market.

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viii) Where private Mailo land owners could not be identified or verified due to lack of records in Central Lands Registry, the valuer assessed value of the land taken against the Plot Numbers on cadastral maps.

Details of valuation assessment of every owner/claimants property are presented in a separate Valuation Report.

2.5 STAKEHOLDER ANALYSIS 2.5.1 Introduction A “stakeholder” can be defined as:

Any individual, group, or institution with a vested interest in the natural resources of the project area and/or who potentially will be affected by project activities and have something to gain or lose if conditions change or stay the same1.

Stakeholders are all those who need to be considered in achieving project goals and whose participation and support are crucial to its success. Stakeholder analysis identifies all primary and secondary stakeholders who have a vested interest in the project. It is a process of systematically gathering and analyzing qualitative information to determine whose interests should be taken into account when developing and implementing a project. The analysis includes characteristics of stakeholders such as knowledge of the project, interests related to the project, position for or against the project, potential alliances with other stakeholders, and ability to affect the project process (through power and/or leadership).

A stakeholder analysis will help the road project to identify: a) Interests of all stakeholders who may affect or be affected by the programme/project; b) Potential conflicts or risks that could jeopardize the project; c) Opportunities and relationships that can be built on during implementation; d) Groups that should be encouraged to participate in different stages of the project; e) Appropriate strategies and approaches for stakeholder engagement; and f) Ways to reduce negative impacts on vulnerable and disadvantaged groups.

Three essential steps utilized2in stakeholder analysis were:

. Identifying key stakeholders and their interests (positive or negative) in the project; . Assessing influence, importance and level of impact upon each stakeholder; . Identifying how best to engage stakeholders.

2.5.2 Identification of Key Stakeholders and their Interests Identification of different groups of stakeholders started with investigating specific threat and opportunity factors and developing a list of associated key stakeholders. This was based on key questions indicated below:

. Who will benefit or be affected by the road project? . Who are the key players in the development and implementation of the road project?

1 Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA). 2 Ibid

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. What key resources will be impacted? . Who is most dependent on these resources? . Who possesses claims on resources to be affected – including legal jurisdiction and customary use? . Are several government sectors and ministry departments involved? . Are there any national and/or international bodies involved either as funding agencies or because of specific laws or treaties? . Which agencies license certain aspects of the road project or are most knowledgeable about, and capable of dealing with project impacts or resources to be affected (forestry, wetlands, wildlife areas)? Who is managing these resources? . Are there major events or trends currently affecting the stakeholders (for example, development initiatives, migration, and population growth).

Key stakeholders identified are presented in Table 2.1.

2.5.3 Interests, Influence & Importance of Stakeholders To assess influence and importance of each stakeholder and the potential impact of the project upon each stakeholder, key issues investigated included:

. Who is directly responsible for decisions on issues important to the project? . Who holds positions of responsibility in interested organizations? . Who is influential in the project area (both thematic and geographic areas)? . Who will be affected by the project? . Who will promote or support the project, provided that they are involved? . Who will obstruct or hinder the project if they are not involved? . Who has been involved in the area (thematic or geographic) in the past? . Who has not been involved up to now but should have been?

To assess influence, importance and level of impact upon each stakeholder – a simple grid, presented in Table 2.1, was used for developing strategies on how different types of stakeholders might be engaged. The grid was utilized to organize stakeholders according to their likely influence over decisions to be made, and likely impact of project decisions upon them.

Issues below were useful when considering where stakeholders sit on the Influence/Impact analysis quadrant:

. Are they likely to influence success or failure of the proposed road project? . What is their relationship with the project?

Analysis of final influence is presented in Figure 2.1.

2.5.4 Engagement of Stakeholders Finally, the third step involved determining how to involve the different stakeholders identified. It was evident that different types of stakeholders would be engaged in different ways at the various stages of the road project, from gathering and giving information, to consultation and dialogue.

The avenues for stakeholder engagement include:

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a) Consultation meetings Discussions were organized with various people and stakeholders along the road to verify general perspective of stakeholders. The people consulted included Local Council (LC) officials, opinion leaders and NGOs.

Consultations aimed to inform people about the project, explain RAP process, and seek views on valuation and compensation criteria as well as possible impact mitigation recommendations. Also discussed were gender-specifics benefits, vulnerable people, income restoration and replacement cost for lost property. b) Survey interviews Interviews and discussions were held with boda-boda cyclists, commuter omnibus and taxi operators who operate on the various sections of the road. Most transporters were concerned about the future of their operations in case the new road design removed existing bus stops. Discussions were also held along the road and key questions received were about criteria for compensation of affected assets. Criteria as provided by Uganda government was explained as well as additional resettlement requirements required by World Bank such as income restoration and assistance to vulnerable people identified during resettlement process. Women predicted the possibility of domestic violence resulting from compensation, if men deny family fair access to resettlement payments and benefits or squander it on multiple new marriages. Although solution to this is provided in the Land Act where spouses must consent to and witness compensation due to the household, local leaders were encouraged to take active role in grievances management to avoid domestic violence.

During consultations conducted between September 22, 2010 and January 2011, above stakeholders expressed support for the road project and willingness to participate if their involvement, as either witnesses or monitors, is sought in RAP implementation. However, a key factor indicated to influence this involvement was financial facilitation from the implementation agency (UNRA).

All RAP implementation agencies would report to UNRA, which has the technical and institutional capacity to coordinate and supervise implementation of the RAP. UNRA has a Safeguards Unit comprising:

. a Safeguard Manager . a Land Acquisition Specialist , and, . a Right of Way (RoW) Specialist.

This unit however needs capacity building to have additional personnel, namely: a Sociologist / Socio-Scientist and RoW Officer. For this project, these will be based in the Albertine region to oversee project implementation, for monitoring and compliance to safeguard issues.

Other government entities involved in RAP implementation have that mandate; some like lower local administrations (Local Councils- LC I, III) to be involved in monitoring activities will need financial facilitation for travel and lunch allowances. These costs have been provided for in the RAP implementation budget under “monitoring & evaluation”.

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Table 1: Key stakeholders identified with their corresponding mandate and roles Category Stakeholder Mandate Potential role Marginalized? Key? Government-National Water Resources Management Directorate Permitting water abstraction Issue permit for contractor to abstract water No Yes, since water use (WRMD) in Ministry of Water & and construction of and permit for bridge construction inevitable during road Environment infrastructure across construction and several watercourses bridges will be built Ministry of Works & Transport, MoWT Lead agency on roads in MoWT develops and overseas road sector No Yes Uganda policies Petroleum Supply Department in Ministry Permits transportation and Will issue contractor permit for onsite fuel No Yes of Energy & Mineral Development storage of petroleum products storage Occupational Health & Safety Department Inspects quality of occupational Inspection of labour conditions during road No Yes in Ministry of Gender, Labour & Social health and safety in workplace construction Development environment National Forestry Authority, NFA Oversees management and Permits road work through central forest No Yes conservation of forests reserve. Department of Museums and Monuments, Preservation of artefacts and Salvage of “chance-finds”; monitoring major No Yes DMM antiquities of cultural heritage excavations to ensure resources of cultural value heritage value are not destroyed

Government-Local Kyenjojo, Kibaale, Hoima, District Local Have jurisdiction over project Political goodwill; community sensitization; No Yes Governments areas monitoring construction activities Local Council Leaders (LC I-V)

Local Communities Communities along entire road (meetings Receive project, own land/ Project recipients; provide construction labour; Some vulnerable Yes along road were held in trading centres and villages) property affected by road land for road project-affected project persons could be encountered Vulnerable Groups These include disabled persons, elderly, Yes (usually) Yes women, or people who admitted being terminally ill (especially of HIV/AIDS)

Institutions, NGOs, Churches, schools, CBOs, Hospitals and Mobilise communities, provide Community mobilisation, cooperation with No Yes CBOs NGOs along the road social services UNRA on provision of services e.g. HIV/AIDS awareness , free HIV testing, counselling and free condoms during road construction

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MORE INFLUENCE General public:

. People in project area, not necessarily ones affected . Project District Local Governments by the road project . Local Council Leaders (LC I-V) . Affected communities along road

. Schools and other learning institutions, . Healthcare facilities

Informationgiving Dialogue LESS IMPACTED MORE IMPACTED UPON UPON Information gathering Consultation (some are implementers Government departments Opinion formers: . National Forestry Authority, NFA . Churches leaders, . Ministry of Works & Transport . CBOs and NGOs . Ministry of Energy & Mineral Development . Ministry of Lands, Housing & Urban Development . Project District Local Governments . Project District Land Boards . Uganda Land Commission LESS INFLUENCE Vulnerable Groups

Figure 1: Stakeholder analysis grid

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3 PROJECT DESCRIPTION AND ADJUSTMENTS TO MINIMIZE IMPACTS

3.1 PROJECT DESCRIPTION The road section to be funded by World Bank starts from Kyenjojo to Kabwoya which is 100 Km. The gravel road will be upgraded to Class II paved road with a 7 m carriageway. In rural areas the road will have 1.5 meter shoulders on either side while in trading centres shoulders of width 2 m are provided on either side of the road for safe pedestrian traffic.

The proposed project road is categorized as a Class II bitumen road and will have a road reserve of 30 m in rural areas and 20 m in urban areas including trading centres. Kyenjojo - Kabwoya section passes through Kyenjojo, Kibaale and Hoima Districts and this stretch lies in hilly and rolling terrain with dense forest reserves in Kibaale district and parts of Hoima district. There are two bridges along this link: Muzizi Bridge constructed from reinforced concrete and Nkusi Bridge which is a bailey bridge. Various trading centres along the road are indicated in table below.

Table 2: Trading centres along road

Kyenjojo to Hoima

1. Katoosa Trading center

2. Kagadi Town Council

3. Katooke trading centre

4. Rwamukoora trading center 5. Kyamutunzi trading cenmter 6. Paacwa trading centre 7. Kikonda trading center 8. Muhooro trading center 9. Kyenzige trading center 10. Mabira trading center 11. Mabaale trading center

The existing road has uneven width varying between 3.0 and 7.0 m and the ground material on the road varies between laterite gravel and a mixture of laterite and sand with rock outcrops at various points. Geometrical alignment of existing road is sub-standard, drainage inadequate and the running surface poorly maintained in most areas. The existing geometrical elements include:

. Inconsistent road alignment due to difficult terrain . Inadequate cross-falls and super- elevations . Poor visibility splays . Inconsistent traffic speeds, costly and unreliable journey times.

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Legend:

Kyenjojo - Kabwoya (Road section to be funded by World Bank)

Figure 2: Location of the project road and its connection to road network in the region

The proposed upgrade has three objectives:

. Provide a strategic link between the northern corridor (specifically south western Uganda, Rwanda and Burundi and eastern DRC) and the Kampala-Gulu-Juba corridor. . Provide a high standard road for the expected increase in transport of oil and refined products from Masindi to Hoima and from Hoima to Kyenjojo. . Improve access to markets, social and health services and employment possibilities for residents within the zone of influence of the proposed road.

3.2 PROJECT AREA OF INFLUENCE The area of influence denotes the zone which will be most affected by the project. To understand potential impacts and design appropriate mitigation measures, the areas under project’s zone of influence (zoi) have been mapped. The zone of influence is that area which will receive primary impacts resulting from project activities. Width of a corridor to be studied depends on legal requirements and the predicted extent of the impacts identified

AWE Engineers www.awe-engineers.com P a g e | 31 during the project scoping. Corridor widths range from 100 m to 10 km for green-field (or new) roads1. The study considered a 2-km direct impact area/ zone of influence for primary impacts. However, secondary impacts could take on a wider spatial local, national or even regional extent. The 2-km impact zone of influence was considered for this project based on the most probable extent of direct impacts especially during the construction phase, namely: accidents, dust plumes, noise, sources of construction labour and social effects, for example influx of people seeking construction jobs. The proposed road project is shown in Figures 3.2.

World Bank-funded section

Figure 3: Location of the proposed road through the project districts

3.4 PROJECT PROPONENT AND FUNDING AGENCY The proponent and funding agency of this project is Uganda Government through Uganda National Roads Authority (UNRA) with contact detail below:

Executive Director, UGANDA NATIONAL ROADS AUTHORITY, P. O. Box 28487, Kampala, Uganda, Plot 11, Yusuf Lule Road, Kampala

1Roads and the environment: A Handbook /edited by Christopher Hoban and Koji Tsunokawa. (World Bank technical paper No. 376) 1997.ISBN 0-8213-4031-X, pg5.

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4 LEGAL AND INSTITUTIONAL FRAMEWORK

Uganda Government requires that compensation is paid to affected entities if a project would damage structures and other property, or take private land. The same requirement is also articulated by policies of World Bank (the funding agency of this project), key of which in regard to this RAP is the Policy on Involuntary Resettlement (OP 4.12).Sections below discuss the legal and institutional set up governing this RAP.

The legal section summarises entities, laws and regulations relating to implementation of resettlement activities and legal set up associated with effective implementation of the RAP including recognition the claim to land rights under various tenure systems. The institutional section provides arrangements, resources and inter-agency cooperation necessary to implement this RAP. The RAP will be implemented by UNRA and the institutional section therefore evaluates the capacity of this agency

4.1 LEGAL FRAMEWORK Land take refers to acquiring of land for some public purpose by government agency, as authorised by the law from land owner(s) after paying compensation for losses incurred by land owner(s) due to surrendering their land. For land take and displacement of people, specific attention is drawn to two Ugandan laws that will be applicable to land tenure, compensation and resettlement in this project, namely:

. The Constitution of the Republic of Uganda, 1995 . The Land Act, Cap 227

4.1.1 The Constitution of the Republic of Uganda (1995) This gives government and local authorities a statutory power of compulsory acquisition of land in public interest and makes provision; inter alia, for “prompt payment of fair and adequate compensation” prior to the taking of possession of any privately-owned property.

Such compensation is assessed in accordance with the valuation principles laid out in Section 78 of the Land Act (Cap 227), briefly outlined below:

. The value for customary land is the open market value of unimproved land; . The value of buildings on the land is taken at open market value; . The value of standing crops on the land is determined in accordance with the district compensation rates established by respective District Land Board. Annual crops which could be harvested during the period of notice to vacate given to the landowner or occupier of the land are excluded in determining compensation values; . In addition to the total compensation assessed, there is a disturbance allowance paid of 15% or, if less than six months’ notice to vacate is given, 30% of the total sum assessed.

4.1.2 The Land Act, Cap 227 This addresses four issues namely; holding, control, management and land disputes. In regard to tenure, the Act repeats (in Section 3) provisions of Article 237 of the Constitution which vests all land ownership in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act provides for acquisition of land or rights to use land for execution of public works.

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Regarding control of land, the Act reaffirms the statutory power of compulsory acquisition conferred on the government and local authorities under articles 26 (2) and 237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements of Article 26(2) of the Constitution that requires a law to be in place for payment of compensation and access to courts. The Act also requires that landowners manage and utilize land in accordance with regulatory land use planning (Sections 44 and 46).

Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a disturbance allowance on top of the computed compensation amount as shown below:

. 30% of compensation amount if quit notice is given within 6 months. . 15% of compensation amount if quit notice is given after 6 months.

The foregoing laws form the basis of compensation requirements necessary to fulfill Uganda’s regulatory requirements.

4.1.3 The Local Government Act (1997) Local Government Act 1997 provides for a system of Local Governments based on the District. Under the District there are lower Local Governments and administrative units. This system provides for elected Councils whereby chairmen nominate the executive committee of each council, functions of which include:

. Initiating and formulating policy for approval by council; . Overseeing the implementation of Government and Council policies, and monitoring and coordinating activities of Non-Government Organizations in the district; and . Receiving and solving disputes forwarded to it from lower local governments.

Because local leaders participate in above roles and will be crucial not only during compensation process but also project implementation, this law is important.

4.1.4 Land Acquisition Act (1965) This Act makes provision for procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter upon the land, survey the land, dig or bore the subsoil or any other actions necessary for ascertaining whether the land is suitable for a given public purpose. However, compensation should be paid to any person who suffers damage as a result of such actions.

The Land Acquisition Act stops at payment of compensation to the affected people. In Uganda, it is not a legal requirement for a project to purchase alternative land for affected people. Once affected people are promptly and adequately compensated, the project proponent’s obligations stop at this extent and there is no legal requirement that people should be moved or provided with alternative land. In Ugandan legal context, once people are compensated, they are expected to vacate affected properties without further claim.

4.1.5 The Access to Roads Act (1965) This Act seeks that a private landowner who has no reasonable means of access to public highway may apply for leave to construct a road of access to a public highway. This law also establishes a mechanism of applying for such access. It also establishes a legal regime to ensure the safety of the neighbouring environment.

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The Act permits an owner of land who is unable through negotiations to obtain leave from adjoining land owners to construct a road of access to the public highway, to apply to a magistrate for leave to construct a road of access over any land lying between his land and the public highway. This law also provides for means by which an order for the construction of an access road can be revoked.

The Act further provides for maintenance of the access road in a good and efficient state of repair, and for payment of compensation in respect of the use of the land, the destruction of crops of trees and such other property. This law may be invoked by property owners who may be cut off from the new road in places where alignment of existing road is changed from original location.

4.1.6 The Roads Act (1964) The Roads Act of 1964 is a critical piece of legislation with respect to road development projects in Uganda. It defines a road reserve as that area bounded by imaginary lines parallel to and not more than fifty feet distant from the centerline of any road. The Act prohibits erection of buildings or planting permanent crops within a road reserve.

The Minister or, with the consent of the Minister, a District Commissioner (currently referred to as “Chief Administrative Officer”), in relation to any road within or passing through any government town or an administrator in respect of any area not being in a government town, may by order: -

. Prescribe the line in which buildings shall be erected in such town or area, or; . Prescribe distance from the centre of the road within, which no building shall be erected in such town or area.

The road authority is required to give written notice to the owner or occupier of land on which prohibited activities have been carried out so as:

. To pull down or remove the building or structures; or . To cut down or uproot trees or crops;

The Act allows the road authority to dig and take away materials required for construction and maintenance of roads in any part of a road reserve approved by the local government authority without payment to any person.

For the forgoing reasons, this law is relevant to the proposed project.

4.1.7 Land Tenure Regimes and Transfer of Land Article 237 of the Constitution, 1995, vests land ownership in the citizens of Uganda and identifies four land tenure systems, namely: customary; freehold; mailo; and leasehold. The incidents of these systems are detailed under Section 4 of the Land Act (Cap 227). Those relevant to the road project are:

. This tenure is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies. In other words customary regime is not governed by written law. . Land is owned in perpetuity. . Customary occupants occupy former public land, and occupy land by virtue of their customary rights; they have proprietary interest in the land and are entitled to certificates of customary ownership which may be acquired through application to the Parish Land Committee and eventual issuance by the District Land Board.

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

4.1.8 Leasehold tenure This tenure system is:

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

Although only these latter forms of tenure are legally defined under the Land Act, the context of common law also recognizes the statute of “Licensee” or “Sharecroppers”, these terms having similar meanings in practice.

Licensees are persons granted authority to use land within for agricultural production. Traditionally, such production would be limited to annual crops. Licensees have no legal security of tenure or any propriety right in the land. Their tenure is purely contractual.

4.1.9 Right of spouse and children The rights of spouse and children are protected under the Constitution of Uganda and the Land Act (Cap 227). The consent of spouse and children must be acquired prior to any transaction by the head of household on land on which the family ordinarily resides.

Section 40 of the Land Act, 1998 requires that no person shall:

a. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land; b. Give away any land inter vivos, or enter into any transaction in respect of land:

. In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse; . In the case of land on which the person ordinarily resides with his or her dependent children of majority age, except with the prior written consent of the dependent children of majority age; . In the case of land on which the person ordinarily resides with his or her dependent children below the majority age, except with the prior written consent of the Committee1; . In the case of land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior written consent of the Committee.

4.1.10 Local Governments Act, Cap 243 This Act provides for decentralized governance and devolution of central government functions, powers and services to local governments that have own political and administrative set-ups. Districts have powers to oversee implementation of development activities. They also have units such as District Land Tribunals responsible for solving complaints that arise from land acquisition valuations and compensation payments.

1“Committees” are defined under Section 65 of the Land Act ; they are Parish Land Committees.

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According to Section 9 of the Act, a local government is the highest political and administrative authority in its area of jurisdiction and shall exercise both legislative and executive powers in accordance with the Constitution. District Local Governments, through which the road passes, namely: Kyenjojo, Kibaale, Hoima, Masindi and Kiryandongo will be key stakeholders in RAP implementation and monitoring.

4.1.11 The Persons with Disability Act, (2006) The Government published its National Policy on Disability in February, 2006. It states that “four in every 25 persons in Uganda are persons with disabilities”. Thus, the disability fraternity appreciates that by enacting the disability policy and other relevant pieces of legislation, the government of Uganda is fulfilling its constitutional obligation of addressing the plight of people with disabilities (NUDIPU, 2007).

The strategic objective of this policy is "promoting equal opportunities and enhanced empowerment, participation and protection of rights of persons with disabilities (PWDs) irrespective of gender, age and type of disability". Article 16 recognizes the rights of persons with disability and states that the "Society and the State shall recognize the right of persons with disability to respect and human dignity". This law is relevant to the proposed project and the proposed road should have provision that allows access and movement of pedestrians, including persons with disabilities.

4.2 WORLD BANK REQUIREMENTS The proposed road project will trigger World Bank’s Operational Policy 4.12: “Involuntary Resettlement” in so far as road upgrade will involve involuntary land acquisition.

World Bank experience is that, if unmitigated during development projects, involuntary resettlement can lead to undesirable economic, social and environmental risks, such as:

. production systems are dismantled; . people face impoverishment when their productive assets or income sources are lost; . people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; . community institutions and social networks are weakened; . kin groups are dispersed; . cultural identity, traditional authority and the potential for mutual help are diminished or lost.

OP 4.12 seeks to promote participation of affected people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. This policy aims to avoid involuntary resettlement to the extent feasible, or to minimize its adverse social and economic impacts.

There are some stark gaps between Uganda and WB resettlement requirements. For example, while WB requires provision of resettlement assistance where needed, according to Uganda’s laws project proponents are not legally bound to procure alternative land nor provide relocation assistance to affected people if they provided fair financial compensation based on a legally accepted valuation process. Additionally, World Bank OP 4.12 does not recognize “depreciated value” for replacement of assets while Uganda’s Land Act Cap 227 (excerpted below) allows depreciated replacement cost in rural areas.

The Land Act, 1998: 1. The District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the following:-

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a. In the case of a customary owner, the value of land shall be the Market Value of the unimproved land; b. The value of the buildings, which shall be taken at market value; c. The value of standing crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or licensee. 2. In addition to compensation assessed under this section, there shall be paid as a Disturbance Allowance of fifteen per cent or if less than six months’ notice to give vacant possession is given, thirty present of any sum assessed under subsection (1) of this section.

Table below discusses gaps between World Bank O.P 4.12 and Ugandan legislation. Where there is a difference between Ugandan legislation and OP 4.12, the latter shall prevail.

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Table 3: Gaps between World Bank O.P 4.12 and Ugandan legislation No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed 1. Project Affected Compensation for loss of land, property, resources and access to Compensation should be provided to legal land owners Gap. People, PAPs land and resources, and resettlement assistance is provided to all (including mailo land owners and kibanja owners). No affected users (including those with formal legal rights, those with compensation is provided to land users. Project will provide compensation to legal and non-legal land non-formal customary rights, and those with no legal rights or owners, and to legal users of affected property. claims).

2. Loss of land and Cash compensation based upon market value of unimproved Gap. assets For land owners: land + disturbance allowance (15%) if household is moved within 6 months (this rises to 30% if households are moved Market value is based on recent transactions and thus if Compensate for land and all assets at full replacement cost, OR before 6 months). alternative property is purchased within a reasonable period of replacement of land at equal/ greater value and compensation for the payment of compensation, it is likely that market value will other assets. reflect replacement value. However, local inflation in price land or construction materials can affect what is determined as World Bank OP 4.12 does not recognize “depreciated value” for replacement cost. If this is not reflected in recent transactions, replacement of assets (which should be replaced at “market Uganda’s Land Act Cap 227 allows depreciated replacement market value may not reflect replacement value and hence value”). cost in rural areas. inflation will be addressed.

Replacement of assets affected by this project will be done based on market value.

Entitled to compensation based on the amount of right they hold Gap. For tenants (land use holders): to the land. Land owners and users will be compensated whatever the Compensated for assets (crops, improvements) other than land legal recognition of their tenure/occupancy. If tenants have no and other losses (time it takes to restore livelihood: dead time), legal land title deed, they will compensated for crops or any improvements they have made to the land. AND Relocation assistance will be provided. Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation),

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed No compensation is applicable under Ugandan legislation. Gap. Non- legal land users: Non-legal land users will be considered eligible under the Compensated for assets (crops, improvements) other than land RAP. and other losses (time it takes to restore livelihood: dead time) AND Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation)

Provide additional targeted assistance and opportunities to Not a legal requirement in Uganda but presumed catered for by Gap. restore/ improve livelihood. the disturbance allowance of 15-30% of the value of property lost. Livelihood restoration assistance to be provided. Provide transitional support based on reasonable estimate of No legislative requirement, but presumed catered for by the Gap. time required to restore income earning capacity. disturbance allowance of 15-30% of the value of property lost. Transitional assistance to be provided. 3 Loss of crops and Compensation for crops, trees, and other fixed assets at full Sharecroppers: Not entitled to compensation for land, entitled Gap. trees replacement cost and should be sufficient to enable affected to compensation for crops. people to restore their standard of living after resettlement. For sharecroppers and annual (seasonal) crops, the Project Annual (seasonal) crops: No compensation since the 3 or 6- will provide time to enable these to be harvested by month notice is supposed to allow people to harvest their annual households. Once harvested, there will be no further planting. crops. A disturbance allowance will be paid to overcome any time delays and any lost benefit as a result of the delays. Perennial crops: Cash compensation based upon rates per square meter /bush/tree/plant established at District level plus For perennial crops, compensation will be based on estimated disturbance allowance (15% or 30%). Rates are calculated as income lost for 3 years, so as to provide replacement value. A the one-year net agricultural income. Disturbance allowance is disturbance allowance will be paid as per Uganda law. meant to compensate the re-establishment period for these crops.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed 4 Loss of structures Compensation for structures should cover full replacement cost Owners of “Permanent” Buildings: Gap. and other exclusive of depreciation and inclusive of all fees (such as Valuation by valuer + disturbance allowance (15%). Valuation is improvements construction permits and title charges) and labour costs. based on depreciated market value. Project will provide compensation based on replacement (fences, etc) value. This will include the payment of market value for assets including Walls: classed as permanent structures, but value calculated on and a disturbance allowance. communal investment method. structures Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%).

Note: Rates are based on depreciated market value.

Tenants of structures: repayment of unused rent, and 6 months’ notice to vacate structure.

Fences: barbed wire fences valued by government rate, based on the investment method. 5 Loss of business Compensate the affected business owner for the cost of re- No compensation. The 3-month notice is supposed to allow Gap. establishing commercial activities elsewhere, for lost net income people to re-establish their business. during the period of transition and for costs of transfer and The project will provide transition allowance to cover lost reinstallation of the business. income during the period before business is up and running.

6 Loss of dwelling Provide adequate replacement housing OR cash compensation Owners of “Permanent” Buildings: Gap. structures at full replacement value. Valuation by valuer + disturbance allowance (15%). Valuation is based on depreciated market value. Project will provide compensation based on replacement value. This will include the payment of asset market value, a Walls: classed as permanent structures, but value calculated on disturbance allowance, and a top up allowance (based on the investment method. current inflation rate) to compensate for the rise in construction materials. Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%).

Note: Rates are based on depreciated market value.

Tenants of structures: repayment of unused rent, and 3 months’ notice to vacate structure.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed Provide relocation assistance (cash, food, etc). If provided, determined by private negotiation. To be paid for by Gap. No dwelling will be demolished by the project before any disturbance allowance of 15-30%. relocation assistance is paid

Provide security of tenure at the new site. No legislative requirement. Gap.

Secure tenure will be replaced if lost. Provide improved living conditions at the new resettlement site. No legislative requirement. The project will provide replacement value to ensure pre- project conditions to the extent possible. 7 Proponent / . Resettlement should be properly managed, and carefully No corresponding requirement. Gap government planned and implemented (this includes monitoring and involvement post evaluation). The project will conform to WB and best practices during compensation . It is the ultimate responsibility of the proponent to make implementation of the RAP. UNRA will actively participate in sure the resettlement process is consistent with the post compensation activities including monitoring of livelihoods requirements of WB requirements (even under government -managed resettlement). 8 Public . Following disclosure of all relevant information, the The Constitution (Articles 231) recognizes right of Ugandans to Gap Participation proponent will consult with and facilitate informed own land and property and equitable compensation before participation of affected persons and communities, including private property is affected. This recognition is also echoed in by Disclosure is part of the preparation, implementation and host communities, in decision-making processes related to The Land Act. monitoring and evaluation of the RAP resettlement. Consultation will continue during the implementation, monitoring, and evaluation of No provisions for detailed comprehensive disclosure compensation payment and resettlement. . Compensation rates should be calculated in consultation Compensation rates for crops are determined and fixed by local Gap with representatives of affected populations. governments (Districts). If not satisfied, a claimant can challenge in courts of law the total compensation sum derived The project will ensure replacement value. using these rates. 9 Identification of . ‘Vulnerable’ groups should be identified from the start and No requirement to specifically identify vulnerable groups, nor to The project will identify vulnerable groups and will identify vulnerable groups offered specially tailored assistance throughout the undertake specific measures to provide them special specific measures to accommodate their needs. resettlement process. assistance.

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In a number of situations, as shown in table above, WBG requirements are more favorable to affected persons than Ugandan law. UNRA is committed to undertaking appropriate compensation approaches to meet both Ugandan law and World Bank requirements such as;

. Compensating for loss of income after affected persons are displaced. . Compensation for tenants who might not have legal land rights, but have undertaken development or farming activities on affected land. . Wherever feasible and acceptable to affected persons, provide land-for-land compensation. . Provide property owners with cash compensation at full replacement cost. . Wherever appropriate, provide skills assistance to affected farmers in areas such as improved crop and animal husbandry and records keeping.

4.3 INSTITUTIONAL RESPONSIBILITIES The main actors to be involved in carrying out resettlement and/or compensation as required in the upgrading of the road are discussed in the sub-sections below while their roles are outlined in Table 4.1.

4.3.1 Ministry of Works and Transport Government of Uganda and development partners requires preparation of a Resettlement Action Plan for road development projects. This is done to ensure equitable compensation and minimize social disruptions or negative effects on people’s livelihoods arising from construction of roads. Compensations assist PAPs to restore their livelihood. During RAP implementation, MoWT would mainly be involved in supervision and ensuring compliance with policies of the transport sub-sector.

4.3.2 Ministry of Lands, Housing and Urban Development The Chief Government Valuer in the Valuation Division in the Ministry of Housing and Urban Development is responsible for approving the Valuation Roll. This demands fair and transparent compensation and as such all property valued are first inspected by the Chief Government Valuer. Chief Government Valuer’s office is also involved in resolving public complaints that arise from valuation for land acquisition and compensation payments.

4.3.3 Uganda National Roads Authority (UNRA) This updated RAP will be implemented by UNRA in conjunction with respective district local governments (Kyenjojo, Kibaale and Hoima Districts and village-level local councils) and key implementation processes will include: (a) payment of compensation to affected people; (b) rehabilitation assistance to vulnerable people identified in this RAP or by local leaders/RAP implementation unit; (c) possible jobs as employees on the road rehabilitation project; (d) monitoring and evaluation.

The overall implementation responsibility will be of UNRA through the Resident Engineer and appointed consultant. UNRA will ensure that PAPs have adequate time to replace their assets and will work with such affected persons to ensure they are able to achieve this before expiry of notice to vacate their affected properties. UNRA will make available financial resources necessary to meet compensation and resettlement costs, as well as additional actions necessary to satisfy World Bank guidelines.

4.3.4 District Local Governments All the districts traversed by the road (Kyenjojo, Kibaale, and Hoima,), like all other Uganda districts, have five levels of local councils (LCs), namely: District, County, Sub-county, Parish and Village these are referred to as

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LC5, LC4, LC3, LC2 and LC1 respectively. Local Councils are responsible for local policy matters, economic development, resolving local conflicts and providing orderly leadership and democratic practices at the grass roots level in their respective areas. The system has facilitated mass participation in government affairs and awakened the rural population to their rights of citizenship and obligations particularly regarding involvement in development programs and projects. In the project-affected area LC1s and LC3s are very active and directly interact with the affected population. These councils will thus be helpful during the identification of rightful property owners and resolving compensation grievances.

4.3.5 District Land Boards District Land Boards set compensation rates for crop and semi-permanent structures. Therefore it is often important that RAP implementation involves participation of district land boards. In this regard, Kyenjojo, Kibaale, Hoima, Masindi and Kiryandongo district land boards will have roles of overseeing appropriation of district land; facilitating registration and transfer of interests in land.

Note that in performance of its functions, district land boards are independent of the Uganda Land Commission but takes into account national and district council policy on land.

4.3.6 Uganda Land Commission The Uganda Land Commission holds and manages land in Uganda vested in or acquired by Government of Uganda and would be involved where such land is affected by the proposed road project.

4.3.7 Private Sector Entities RAP implementation will entail involvement of private sector consultants hired by UNRA for verification and actual payment of compensation to PAPs. These entities are not known at this time since they will be hired through competitive bidding as per Uganda’s procurement laws. All foregoing institutions are considered to have sufficient skills to undertake their respective tasks, which for government ministries/ agencies are within their mandate. LCs however would need facilitation to enable their active participation in project activities.

4.3.8 National Forestry Authority, NFA All gazetted forests in Uganda are managed by NFA and Sector (District) Offices of this institution will be stakeholders if any loss of trees protected national forest reserves (e.g. Kagombe Central Forest Reserve on the northern bank of River Muzizi) occurred.

Institutions and their roles during implementation of this RAP are provided in Table 4.2 below.

Table 4: Institutional roles in RAP implementation Agency Roles Capacity needs 1 Ministry of Lands, . Chief Government Valuer (CGV) in the Valuation This ministry has adequate Housing and Urban Division in this ministry will be responsible for capacity and institutional Development approving the valuation roll. mandate. . CGV inspects all affected property before granting final approval for compensation of affected assets. . Will be important party in grievance redress. 2 Ministry of Works & During RAP implementation, MoWT would mainly be MoWT has adequate Transport involved in supervision and ensuring compliance with capacity and institutional policies of the transport sub-sector. mandate. 3 UNRA . As project proponent and implementation agency, UNRA has capacity to UNRA is fully responsible for resource mobilization, execute its roles. supervising compensation payment and grievance AWE Engineers www.awe-engineers.com

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Agency Roles Capacity needs management. . Co-coordinating all agencies involved in resettlement activities. 4 Project District Local . Local Councils will be important in identification of Will need financial support Governments(Kyenjojo, property owners, from UNRA. Kibaale, Hoima, . Resolving resettlement grievances, Masindi and Kiryandongo) 5 District Land Boards . District Land Boards in Hoima, Masindi and Might need financial and other relevant Kigumba districts set compensation rates for crop support from UNRA. district offices and semi-permanent structures and their involvement in RAP implantation might not only entail explaining basis of the rates but also involvement in resolving grievances associated with prevailing compensation rates. . Oversee appropriation of district land, . Facilitate registration and transfer of interests in land, . Monitor implementation of resettlement, . And be part of Grievance Committee

6 Uganda Land . Oversee appropriation of land owned by ULC has capacity and Commission (ULC) Government of Uganda regulatory mandate 7 Private Sector Entities . Independent observe and monitoring of Might need financial including NGOs resettlement activities. support from UNRA. . Grievance resolution. 8 National Forestry Custodian of compensation for trees damaged in central NFA has capacity and Authority, NFA forest reserves (Kagombe Forest Reserve). regulatory mandate. 9 Power distribution Realign power distribution lines affected by the project It was contracted by company Government to operate and maintain power distribution

UNRA will maintain communication channels among these institutions or from them to itself through its (UNRA’s) Land Acquisition Specialist.

4.4 VALUATION AND COMPENSATION OF ASSETS Land take, compensation and relocation were the most frequent issues of debate encountered during consultations with PAP. Hence, at the core of this RAP is an aim to ensure project development embraces equitable and appropriate compensation approaches that meet Ugandan law and international requirements.

Valuation and compensation are in accordance with rates set at district level for crops and “non-permanent” structures. The rates, which are enacted by District Land Boards, are established and updated at District level. It should be noted however that, unlike for crops and semi-permanent structures, land value is not determined by districts. Permanent structures and land are valued based on market value.

However, to meet WB requirements, in some cases, additional compensation measures were identified in order to ensure that all households improve, or at least restore, their livelihoods and standards of living.

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5 SOCIO-ECONOMIC BASELINE

5.1 INTRODUCTION The socio-economic study was confined to the road environment. The aims were to suggest ways and means to complete the economic rehabilitation of PAPs along the roads so that they would recover a living standard at least equal to or better than the one they enjoyed previously and in any case raise their living standards above the poverty line. The project will affect 904 new property owners (a total of 3628 new PAPs including all household members).

Since the earlier RAP whose cut-off date was 10 February 2011, findings of the census update shows that new project-affected property owners losing land are 841 and of these 641 are male and 200 female. Forty seven (47) people will lose kiosks /shades located close to the road corridor. Eleven (11) property owners indicated the possibility of being able to move farther back from the road as they will be affected temporarily and 18 property owners will need to move permanently to a new location. Census survey results from the project affected area also recorded 4 squatters but no encroachers were recorded in the road corridor. This information is presented in table below. The total figure (921) includes but it should be noted that some 17 property owners would lose losing both land and structures.

Table 5: Summary of affected properties Type of property to be affected Number Number of people losing land only 841 Number of people losing kiosks /shades 47 Affected property that can be moved farther back from the road 11 Affected property owners who need to be moved to new location 18 Number of encroachers - Number of squatters 4

The increase in number of property owners mainly arose from subdivision of land arising from sales and sharing of land among family members. Other new properties are temporary structures e.g. kiosks which could easily be moved back from existing locations.

5.2 PROJECT AFFECTED DISTRICTS The existing road is found in five districts of Kyenjojo, Kibaale and Hoima, in western Uganda. The population comprised of Banyoro, Batooro, Banyankole and migrant tribes such as Bakiga, Baganda, Bafumbira and Babwisi, Bakonzo plus other migrants from surrounding countries of Democratic Republic of Congo and Rwanda. All these districts are renowned for subsistence agriculture, mainly food crops and a few plantations.

5.3 SOCIAL ORGANIZATION The project area districts belong to the western region of Uganda which is among the better-off regions in Uganda as the economy in the region is not affected by acute poverty. The five districts have attained remarkable improvements in poverty reduction and human development indicators compared to the northern and eastern regions of the country.

Despite some regional and localized differences, poverty in the districts is generally associated with low incomes at household level, food insecurity, high levels of illiteracy and low levels of employment. The major causes of poverty being inadequate skills, land shortage, poor farming methods, gender inequalities, low productivity, morbidity due to Malaria, HIV/AIDS and climate change. The nuclear family and to some extent, the clan constitutes significant traditional social support system for their members especially in times of difficulties. Beyond the family and the clan, there is currently a socio-political system of organization the Local Council (LC) system that was introduced in 1986. It starts from the village level up to the District level. The LCs play important roles in community matters for the development of community infrastructure such as communal access roads, AWE Engineers www.awe-engineers.com

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5.4 SOURCES OF LIVELIHOOD IN PROJECT AREAS Subsistence farming is the principal source of livelihood in all the project districts. In all the five districts most affected households are dependent on earned income from subsistence agriculture. Subsistence agriculture in the project affected area comprised of cultivation of bananas, Millet, Rice, cassava, beans, sweet potatoes, ground nuts, and, onions, sugarcane. The above mentioned crops doubled as both cash and food crops. Respondents revealed that income from agricultural produce is used for procurement of household requirements and groceries such as sugar, salt, and soap. More to this the income earned helps to finance education for their children as well as access to healthcare services. In addition to agricultural activities there are other income generating economic activities as indicated by table below.

Table 6: Occupation types amongst project affected household heads Main occupation % Private formal/manufacturing 0.7 Private formal/service 9.4 Private informal retail 28 Private Agriculture 45.2 Public Government 10.3 Student 1.0 Other 5.4 Source: Primary data

Characterisation of employment under the other category is provided in figure below.

Other forms of employment

Boda Boda Brick making Casual worker Driver Mechanic Tailor

0.3% .3% 1.3%

0.4% 2.0%

1.0%

Source: Primary data Figure 4: Other types of employment among PAPs surveyed during RAP update

There were other sources of livelihood in the project area such as brick laying, transportation locally known as boda boda (1.3%) and driving of trucks (2.0%). Apart from transporting people, this means of transport is also utilised for ferrying agricultural produce to markets. It is important to note that most people purchase these “boda bodas” from income generated after sale of agriculture produce. Motorcycle commuter transport is the most common mode of transportation due to poor roads hence lack of alternative means such as buses and taxis.

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5.4.1 Monetary income from subsistence agriculture Subsistence agriculture was noted to be a significant source of livelihood for the project- affected households in the villages. Consultation with affected persons revealed that subsistence farmers selling their surplus produce earn as much as UgShs 7,000 per day or as little as UgShs 2000 per day depending on the season and type of crops sold. In busy towns and trading centers like Kyenjojo Town Council, Kagadi i Town Council and Hoima, PAPs earned higher incomes. Table 7: Agriculture income levels among the PAP Range of revenue from agriculture (,000 UgShs) Gender 50 -500 510 - 960 970 - 1,420 1,430 - 1,880 Total % Male (%) 35 12 13 9 69 Female (%) 15 4 3 9 31 Total (%) 50 16 16 18 100

5.5 LANDUSE AND SETTLEMENT IN PROJECT AREA Sections below present results of a socio-economic survey for a 40% sample of PAPs surveyed. The aim was to understand socio-economic profile of the project-affected people. The road passes through subsistence agricultural land and residential areas that comprise houses some of which were built with burnt brick with iron sheet roofs; some of mud/wattle with iron-sheet roofs while others were of mud/wattle with grass thatched roofs.

5.5.1 Land use Ownership and Tenure More men (72%) than women (20.3%) owned land in the project-affected area (). When asked under which tenure they owned land, most affected people indicated customary tenure. In most of the affected areas men owned more land than women. Squatters comprised of only (0.4%) of the census population.

Table 8: Land tenure by gender Gender Land tenure by gender Total Tenant Kibanja Co-owner Squatter Licensee Male % 72 2.6 0.9 0.3 0.7 76.5 Female % 20.3 2.5 0.6 0.1 0 23.5 Total % 92.3 5.1 1.5 0.4 0.7 100 Source: Primary data

How land was acquired by property owners

Bought Inherited from parents Renting Squatter

0.9% 0.3%

13.0%

85.8%

Source: Primary data Figure 5: How land was acquired by new PAPs encountered during RAP update

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The majority of affected land was acquired through procurement from other land owners (85.8%) and some of it was inherited from parents (13.0%).Other “land owners” were renting (0.9%) and the rest were squatter(0.3%).

From the project area most of the land was used for mainly agricultural purposes such as crop farming (35%) ,livestock farming (1.3%), trading and business (21.3%) and also doubled as a residential dwelling (33%) Farmers in the project affected villages lack basic tools and equipment used for farming. They commonly use hoes, pangas and an axe for digging and this according to some farmers affect farming which leads to low production. Retail trading is another occupation carried out by some people in the project area. Retail trade is mainly carried out by women who sell goods (mainly fish, tomatoes, onions and paraffin) and other assorted agricultural produce by the road side.

Table 9: Land tenure by gender Land use % Crop farming: 35 Livestock grazing: 1.3 Trading/business activities: 21.3 Residential dwelling: 33.0 Other Please specify: 9.4 Source: Primary data

A detailed analysis of properties affected confirms data from the field census (98%) of land owners were losing land to the project . Further analysis of the affected property owners (PO) from the census revealed that the majority of PO (97%) would be willing to use the remaining piece of land even if a parcel of land has been taken by the project while (3%) were willing to give up all the land and move to a new place.

With regard to loss of structures only 9% of property owners would lose structures (91% would not). The structures to be affected included temporary (42.3%) and permanent structures (57.7%). From the surveyed PAPs (31%) were willing to move their structures from the roads while (69%) would not due to lack of sufficient land beyond existing boundaries (see Figure below).

Possibility of moving structure from the road

Yes 31%

No 69%

Source: Primary data Figure 6: Proportion of new PAPs with sufficient land to reconstruct affected structures on same land parcel

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Prefer to construct structure in new location

Yes No

45%

55%

Source: Primary data Figure 7: Proportion of new PAPs preferring to move to a new location due to insufficient land at current location

Results from the field census reveal that (55%) of the PAPs would also prefer to have new structures constructed while (45%) wouldn’t want new structures constructed for them.

5.5.2 Demographic Information a) Average age of household heads

According to social survey data, the average affected household comprised 7 people (higher than the national mean household size of 5.081). The most affected age group was between 36 - 40 years (see figure below).

Age distribution among household heads 56 and above 8% 15-25 46-55 16% 12%

26-35 38% 36-45 26%

Source primary data Figure 8: Age distribution among household heads surveyed during RAP update c) Gender and marital status of household heads

Most of the affected households surveyed were headed by males compared to female-headed households (see Table below). Female household heads were either widows or single women.

Table 10: Marital status of household heads

1 Uganda Bureau of Statistics, UBOS AWE Engineers www.awe-engineers.com

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Gender Gender and marital status of HHDs (%) Total Single Married Divorced Widowed Male 7.7 67.6 0 1.3 76.6 Female 5 8.7 3.3 6.4 23.4 Total 12.7 76.3 3.3 7.7 100 Source: Primary data d) Religion Most dominant religion of people in affected households surveyed was Roman Catholic (40.8%). This was followed by Protestants (24.1% and Faith of Unity Bahereza (17.1%) which is a local cult lead by Owobushobozi Bisaka which was categorized as part of the other religions. Muslims (9%), Pentecostals (8%) and Seventh Day Adventist (1.0%) were also found in the project affected districts of Kyenjojo and Hoima.

Religious Affiliation SDA 2.4% Catholic 46.8% Bahereza Pentecostal 12.9% 8.4%

Islams 5.8%

Protestant 23.7%

Source primary data Figure 9: Religions among household heads encountered during RAP update

5.6 SOCIAL AND CULTURAL CHARACTERISTICS OF PROJECT AFFECTED COMMUNITIES 5.6.1 Ethnicity The most dominant ethnic groups of PAPs in Kyenjojo, Kibaale and Hoima districts were Batooro (19.1%) and Banyoro (55.0%) (Figure 10). Banyoro were the dominant tribe Kagadi and Batoro Kyenjojo in and Kibaale .All these tribes have equal access to resources and economic opportunities without discrimination. There were also migratory tribes such as the Babwisi(0.2%), Bafumbira (2.1), Baganda 1.1%), Banyabuyaga (0.3%) and Nyamwenge (0.1% together with many other tribes Foreign nationalities were also registered such as the Congolese and Rwandans both with a presence of (0.1%) in living within the project affected area.

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Tribal Affiliation in project affected area Banyankole Bakonzo Others Batoro 1.9% 1.7% 5.9% 19.1% Bakiga 16.4%

Banyoro 55.0%

Source primary data Figure 10: Ethnicity of PAPS surveyed during RAP update

Ethnicities comprised in “Other tribes” are shown in table below.

Table 11: Marital status of PAPs surveyed Other tribe % Acholi 0.1 Alur 0.2 Babwisi 0.2 Bafumbira 2.1 Baganda 1.1 Bagisu 0.1 Baruli 0.2 Basoga 0.2 Basongora 0.4 Congolese 0.1 Itesot 0.2 Mugishu 0.2 Banyabuyaga 0.1 Banyarwanda 0.1 Mwamba 0.1 Nyamwenge 0.1 Source: Primary data

5.6.2 Education Findings of social survey indicated that 64% of household head had attained primary level education, (22.8%) attained Ordinary level education and (4.5%) had attained university education and these were only males There were no female household heads who had university level education. Due to low literacy levels of respondents, most people obtained a living from agriculture, artisanal fishing and casual labour.

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Level of education Vocational 3.8% None University 2.1% A level 4.5% 2.8%

Primary Education Ordinary level 64.0% 22.8%

Source: Primary data Figure 11: Level of education of PAPs surveyed during RAP update

Table below shows level of education by gender of PAPs surveyed during RAP update.

Table 12: Gender and level of education of PAPs surveyed during RAP update Gender and Literacy levels of HHDs (%) Total Gender Primary Education Ordinary level A level Vocational University None Male 47.8 18.3 2.8 2.8 4.5 0.4 76.8 Female 16.3 4.5 - 1 - 1.7 23.2 Total 64 22.8 2.8 3.8 4.5 2.1 100

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6 RESOURCES TO BE AFFECTED BY THE PROJECT

6.1 INTRODUCTION This section presents categories and inventory of property to be affected based on records in the valuation roll. Wherever applicable, project components and activities leading to resettlement have been presented with the specific sections of road where resettlement shall occur. A summary of project impacts is presented in Table 6.1.

6.2 CATEGORY AND IMPACT ON LAND AFFECTED BY THE PROJECT Land to be affected by upgrading and operation of the road is the road reserve measuring15 m on either side of the road center-line. In some areas, the existing road is wide enough to take into consideration the proposed adjustments without significant effect. Owners of affected land with perennial crops, timber trees and fruit trees (mango, jack fruit, guava, oranges, oil palm, etc) which are important sources of income for households, shade, timber, building/fencing poles, herbal medicines, etc would be compensated basing on District property rates. Considering that they can be harvested within the 3-month “notice to quit” period, annual crops would not be compensated. Along Kyenjojo-Kabwoya 100 km road section a total of 904 new property owners were encountered during the RAP update (constituting 3628 new PAPs when all household members of all the 904 property owners are considered).

6.3 STRUCTURES Within the road corridor (carriageway and reserve), commercial structures will be affected when development of the road project commences. These include both “permanent” and “semi-permanent” structures. From consultations with PAPs, it was established that it would be possible for some people to rebuild affected structures a small distance behind the damaged buildings. This will reduce the adverse socio-economic effects of resettlement. Disruption to businesses and temporary loss of income during relocation can be minimized if owners are allowed to rebuild replacement structures before completely vacating the old ones where possible during the regulatory 3-month “notice to quit” period.

6.4 LIVELIHOODS Economically-displaced people are people whose livelihoods are affected by the proposed road project and associated land acquisition. This only applies to those whose business are required to be relocated, but also to those employed in a business, or those who lose livelihood (income or subsistence) due to loss of crops. Because buildings in both rural and urban sections of the road are built away from the carriageway, no significant economic displacement is envisaged. Several commercial structures housing income-generating businesses will be affected.

6.5 COMMUNITY FACILITIES As indicated in the property valuation report, several churches, schools and health centres will lose strips of land to the road reserve. Many community resources would lose land to the project and road redevelopment could also cause temporary disruption to their access, such as when overburden is dumped into junctions leading to these faculties such as to render them impossible to access by women, children elderly or disabled people. Location of community facilities (schools, health centres, places of worship and water sources) is shown in Annex 1. Mitigation measures shall be put in place like, temporary access roads to community services with proper signage. In some places, water mains and 33 kV power lines adjoining the existing carriageway will need relocation during road upgrade, causing temporary disruption in supply.

It also should be noted that utilities will be relocated by service providers at project’s cost. Respective budgets were submitted by these companies to the project consultant and incorporated in the project design cost Mitigation measures below for relocation of electricity lines will be put in place to avoid disruption to users. AWE Engineers www.awe-engineers.com

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. To avoid extensive supply disruption, utility relocation will be done on short sections following a specific schedule. Relocation will be done on different powerline sections at different times. This way, only a particular section of the line is decommissioned per day hence reducing number of consumers affected. . Announcement about powerline relocation and likely supply disruption will be aired on local radios for affected people to know particular days when supply in their areas will be disrupted. . Powerline relocation will be done before road construction starts. . The sub-contractor will be responsible to reconnect all electricity consumers at no cost. . The contractor will be compensate for any damages that may occur during relocation of utilities.

Where temporary closure of roads and loss of access to services occurs, the contractor will ensure expedited restoration to avoid inconvenience to users. Additionally the contractor will provide and communicate possible alternative routes/ diversions to the general public.

6.6 INJURIOUS DAMAGE TO PROPERTY Injurious damage to property (whether structures or crops) during implementation of the road project will be mitigated or compensated as follows:

. Monetary compensation to owners from contractor’s insurance. . Contractor to repair or replace, to owner satisfaction, any injuriously damaged property.

6.7 PROJECT COMPONENTS RELATED TO RESETTLEMENT During preparation of this RAP consideration was given to project components/ activities that would give rise to resettlement. This mainly included sections of the road where resettlement would be undertaken and alternatives and mechanisms to avoid or minimize resettlement were also considered. Considering that the road will follow existing alignment, trading centers / townships were identified as areas that would require larger resettlement cost than road sections through rural areas. It was noted that some construction in new upcoming trading centers did not conform to building lines from existing road, therefore to minimize impact on built structures hence resettlement, the design provided for a 30 m reserve in rural sections and 20 m in urban areas.

6.8 NEW PROJECT-AFFECTED PERSONS ALONG THE ROAD Since the earlier RAP whose cut-off date was 10 February 2011, findings of the census update shows that new project-affected property owners losing land are 841 and of these 641 are male and 200 female. Forty seven (47) people will lose kiosks /shades located close to the road corridor. Eleven (11) property owners indicated the possibility of being able to move farther back from the road as they will be affected temporarily and 18 property owners will need to permanently move to a new location. Census survey results from the project affected area also recorded 4 squatters but no encroachers were recorded within the road corridor. These findings are summarised in table below. The total figure (921) includes 17 property owners losing both land and structures.

Table 13: Data about new property owners encountered during RAP update Type of property to be affected Number Number of people losing land only 841 Number of people losing kiosks /shades 47 Affected property that can be moved farther back from the road 11 Affected property owners who need to be moved to new location 18 Number of encroachers - Number of squatters 4

The increase in number of property owners mainly arose from subdivision of land arising from sales and sharing of land among family members. Other new properties are temporary structures e.g. kiosks which could easily be moved back from existing locations. AWE Engineers www.awe-engineers.com

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7 COMPENSATION AND RESETTLEMENT PRINCIPLES

7.1 KEY PRINCIPLES Key principles that the proponent (UNRA) will commit to during resettlement are presented in Box 2.

Box 2: Key principles to heed during compensation

. Resettlement and compensation of Project-Affected People (PAP) will be carried out in compliance with relevant Ugandan laws and World Bank standards. All physically or economically displaced people shall be adequately and equitably compensated. Wherever possible, UNRA shall assist affected people in restoring their livelihoods by providing transitional assistance, where necessary, if livelihoods are not restored to pre-project level. . Resettlement shall be implemented in a gender-sensitive manner. Consent of spouses shall be sought, as provided by the law (e.g. Section 40 of the Land Act, 1998). In addition, resettlement-based options shall be strongly promoted, since cash compensation to male household heads is often detrimental to women. . Cash compensation, although sought after by heads of households, cash payment could be detrimental in the medium-term to other household members, particularly female spouses and children. Wherever agreeable, the project should provide “land-for-land” compensation rather than cash compensation. . Compensation shall aim to ensure that people are not worse off after resettlement and attention and should be given to ‘vulnerable’ categories such as the child-headed and female-headed households.

7.2 ELIGIBILITY FOR COMPENSATION In resettlement terms, eligibility is defined as the criteria for qualification to receive benefits under a resettlement program.

7.2.1 Eligibility, Census and Cut-Off Date The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and properties, 20th December, 2013. No structure or field established in the project-affected area after that date would be eligible for compensation. The cut-off date after which no settlers or developers are eligible for compensation was publicized among potentially affected people. This was explained during the census and valuation exercise to all stakeholders in the area, including:

. Project-affected people, identified and individually surveyed, . Parish Land Committee (LC2 level), . District Land Board (LC5 level), . LC officials in which consultations were undertaken

The following categories are eligible for compensation:

. People who have been in the surveyed part of the proposed road reserve and working areas; . Landlords owning both cultivated and uncultivated land that is affected by the road; . People whose structures are to be affected by the development; . People who rent land for cultivation (sharecroppers) and their crops or trees are to be removed or damaged due to land acquisition activities.

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. Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Uganda and World Bank policies. . Public or community facilities such as churches, schools and water sources.

Public facilities along the road are presented in Annex 1 and any of these which would be affected by the road project were valued and included among those eligible for compensation. Compensation would be given to respective communities through local government structures or owners (in case of private schools) and administrative structures in case of places of worship.

7.2.2 Speculative Structures Opportunistic uninhabitable structures established for the sole purpose of compensation pose a specific eligibility problem and will be addressed through the use of the following methods to ascertain the validity of the compensation claim:

. Inspection of the structure to determine whether it is indeed habited or not; . Consultation with LC chairpersons’ authorities to ascertain whether the contested structure existed at the time of the cut-off date or census and whether it was established in good faith or for an opportunistic compensation purpose.

7.3 OVERVIEW OF ENTITLEMENTS 7.3.1 Categories of Affected People During compensation, an important legal requirement is that contained in Section 40 of the Land Act that makes it compulsory to seek consent of spouses before compensation packages is paid out. As mentioned earlier (Section 7.1, Box 2), cash compensation entails a number of risks for impoverishment of female spouses and children, when for example, a household head decides to marry another wife or buy luxuries instead of rebuilding a new home.

Affected persons irrespective of their status (whether they have formal title, legal rights, non-legal right) are eligible for some kind of assistance if they occupied the land before cut-off date.

Vulnerable people are 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. In this case, stakeholders form the PAP identified vulnerable people as the following:

. Widows; . Orphans; . Disabled or terminally ill people (particularly people living with HIV/AIDS and other illnesses); . Second or third wives, particularly those where there is a risk that they will be abandoned by their husbands after compensation; . The elderly; . Households whose heads are female and who live with limited resources. . Households whose heads are orphans (child-headed households).

It should be noted that vulnerability is not a static condition. For instance PAPs who were normal at the time valuation/ surveys might be found vulnerable a year later at the time of effecting compensation payments. Others who were found terminally ill with AIDS and therefore vulnerable during field surveys might have passed on but their heirs healthy and not vulnerable. This situation should therefore be handled on a case-by-case basis during RAP implementation. AWE Engineers www.awe-engineers.com

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Based on the above, information provided on vulnerable PAPs (Annex 4) should serve to inform RAP implementation team to identify nature and state of prevailing vulnerability and accord special assistance necessary.

7.3.2 Compensation and Resettlement Measures Two main resettlement packages, the details of which are provided in the section below, have been designed to ensure adequate compensation for PAPs who lose assets or livelihoods when the project is implemented. These packages have been developed in consultation with the affected community, including PAPs and local councillors to give PAPs, depending on their vulnerability categorization, the opportunity to choose options that best suit their relocation needs and circumstances.

Entitlement measures were developed basing on facts below:

. The majority of PAPs will only lose a small section of land that abuts the road reserve. In some cases, this will also result in the loss of permanent or temporary structures, or crops. If they have room on their remaining land holding, PAPs are likely chose to construct new structures or plant crops on their adjacent land, rather than moving to a new village. As such, current social ties and access to infrastructure or services such as water sources, schools, shops, transport services and places of worship will be maintained. . The majority of PAPs have expressed a strong preference for cash compensation rather than replacement of assets. This is despite their concerns regarding the rising price of land and construction materials; . Some PAPs however, particularly vulnerable groups, demonstrated a preference for replacement assets. a) Option 1: Primary entitlement measures

These measures are designed to be appropriate for the majority of PAPs, who are likely to only lose small strips of land adjoining existing road, some permanent or temporary structures. The measures include a mix of cash compensation for lost assets (including land, structures and crops), other assistance measures such as relocation assistance, and where appropriate, measures to cover any short-term changes in livelihood. It is presumed that the cash compensation will be used by PAPs to replace lost assets by purchasing new land where necessary and/or constructing a new structure on remaining portions of their current land plots. Livelihoods will be replaced through the development of new structures. b) Option 2: Other entitlement measures (provided to vulnerable groups or those whose land will become unviable as a result of the Project) These measures have been developed to assist vulnerable groups, or those whose land will become unviable after the resettlement. In this scenario, land and structures would be replaced (with the same tenure as pre- resettlement), and assistance would be provided to move household or business goods. No cash compensation would be provided for assets, but a transition and disturbance allowance shall be provided to overcome any short-term changes in livelihood. c) Measures common to both scenarios Taxes and charges associated with the purchase of new land will be paid directly by the Project. PAPs choosing cash compensation will have a choice of either receiving a cash payment or into a bank account opened by the Project (if a PAP does not have one) covering all associated bank fees and charges associated with opening a new account. The following provides a description of each of the entitlement measures for loss of assets, loss of livelihoods and other entitlement measures.

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7.4 VALUATION AND COMPENSATION LOSSES 7.4.3 Description of Entitlement Measures 7.4.3.1 Compensation for loss of land Compensation for the loss of land will be offered to all PAPs who currently own or use land, irrespective of legality their tenure. Strip maps showing location of PAPs by road section or location and detail of type and amount and value of assets (crops, trees, structures, dwelling houses, storage facilities, ancillary structures like fences and latrines) are provided in a separate volume “Property Valuation Report” prepared by an independent consultant. Reference should be made to this document for detail of PAPs and assets affected.

Under the Primary Entitlement Measures (Option 1), cash compensation will be provided, based on market value and disturbance allowance of 30%. This is considered adequate for replacement value. During consultation, households mentioned that they had already begun looking for replacement land and were waiting on the compensation payment to affect the purchases. The disturbance allowance complements entitlements of affected persons and aids to bring compensation offers to replacement value.

For vulnerable groups or those whose land will become unviable, an option will be provided for replacement land of similar size, quality and tenure (freehold or lease).

7.4.3.2 Compensation for Loss of Crops a) Perennial crops Cash compensation will be provided for the loss of perennial crops, calculated using the approved district rates. However, since Uganda government rates do not include provision for loss of income associated with these crops, a transitional allowance will also be provided to cover any loss of livelihood during the period between loss of crops and availability of income from new (replanted) crops.

The purpose of the perennial crop transition allowance is to cover lost income incurred by households during the transition period until replacement crops are ready for harvest. Compensation is paid based on assumption that 10% of perennial crops are sold annually. Farmers are aware of possible future road expansions and do not grow permanent (perennial) crops in road reserves, or near roads generally. Since perennial crops are grown away from the road, 10% is suggested as a realistic proportion of potentially affected perennial crops. PAPs will be paid 10% of their annual crop income for 3 years to provide a transition allowance while new crops are grown. Considering the small strips of land to be lost along the road, respective compensation values shall be proportionately derived for each affected land size. b) Annual (seasonal) crops The project will provide all compensation under the entitlement matrix three months prior to the commencement of construction. At the time of payment, the timing of the project will be made clear and instruction provided as to how crops will be managed during this time. This timeframe provide adequate opportunity for all seasonal (or “annual”) crops to be harvested, and thus there is no impact to annual crops. As such, no direct compensation will be paid for these crops.

A transitional allowance will be provided to ensure that any changes in livelihood derived from such crops is adequately compensated. Compensation will be paid in the amount of Ug. Shs 24,000 per household which loses annual crops. This is calculated on the basis of 10% of the average daily income from agriculture, for a period of one month. The assumptions that underpin this calculation are as follows:

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 The range of income earned from agricultural products in the project affected areas is Ug.Shs 1,700 -25,000 daily, thus an average of Ug.Shs 12,000 per day. This includes income derived from livestock, which will not be affected by the Project;  Most households will only lose a small percentage of their land plot, and thus agricultural activities and income derived from them would mostly remain unaffected in the remaining land;  Adequate time will be provided for the harvest of crops and compensation for lost land and other assets will be provided in advance, enabling replacement. Impacts therefore, are likely to be minimal.

These measures are the same under Option 1 and 2. Compensation rates for crops are guided by district rates usually updated regularly. c) Unintentional damage to crops If there is unintentional damage to crops during road construction whether owned by PAPs or not, compensation will be paid for both annual and perennial crops, based on the approved district rates.

7.4.3.3 Compensation for loss of structures a) Owners of permanent structures For current land owners, under the primary entitlement measures (Option 1), cash compensation for permanent structures will be provided, calculated basing on prevailing market value, and a disturbance allowance of 30%. The disturbance allowance complements entitlements of affected persons and aids to bring compensation offers to replacement value. In addition, a further payment is recommended to cover the increase in cost of construction materials from the time government rates were developed in each of the two districts. This will be calculated at the current inflation rate. Those who would prefer the non-cash based compensation (Option 2), a new permanent structure (either business or residential) will be provided. This will be of similar size, design and tenure as current structures, and where possible, will be located in the same village as the current structure. This process will be undertaken in consultation with the affected household/business. b) Tenants of permanent structures (residential and commercial) Under the primary entitlement measures (Option 1), if tenants of permanent or temporary structures are identified, they will be provided with cash compensation (at replacement cost) for any fixed assets that cannot be relocated. It is however unlikely that these will exist since tenants are not usually allowed to develop permanent assets on rented premises. c) Owners and tenants of temporary structures Affected persons may salvage building materials at their own cost from old structures to reuse elsewhere.

Also, for those moving to a new settlement, or non-adjacent land, transport assistance will be provided by UNRA for the households or business goods. In addition, for vulnerable groups only, labor will be provided where necessary to assist with loading and unloading of property, as determined on a case by case basis. This measure is considered unnecessary for non-vulnerable households, as they would prefer this to be done by household members to avoid theft, and maintain privacy about their household or business property. Districts have also established compensation rates (at replacement cost) for temporary structures that are updated regularly. d) Damage to structures (permanent and temporary) If there is unintentional damage to the structures during the construction process, compensation (at replacement cost) will be paid for all losses by the contractor. This will be calculated based on approved district rates (for

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P a g e | 61 semi-permanent structures) and market value (for permanent structures) and will be available for all structures whether owned by PAPs or not.

7.4.3.4 Compensation for loss of business (owners and tenants) Compensation will be paid to business owners and tenants for the potential loss of business income. A transition allowance will be provided in the amount of UgShs 240,000, which is calculated on 50% of the average daily income for a period of one month. This measure has been based on the following assumptions:

. The range of income earned in businesses in the project affected areas is UgShs3,500-60,000 per day, thus an average of UgShs18,500 per day (see baseline section); . Most PAPs are likely to choose to relocate their business onto the adjoining portion of their land, and thus will remain in their current village (see above for compensation measures for the loss of land); . Much of the trade for retail or restaurant/bar businesses is from within the locality (town or trading center), and thus is likely to remain constant during the construction and operation phases of the Project; and . Households are likely to be able to continue to operate their current business from the old structure while new premises is constructed (using compensation payment), therefore income will still be generated during this time.

It should be noted that UNRA will compensate businesses that will be forced to close due to the road project like it has always done in past similar projects. For example this applies to fuel stations encountered along the road in Kyenjojo Town, Muhooro Town and in Katooke Town.

7.4.3.5 Compensation for loss of employment The number of PAPs who will lose employment as a result of the Project, even in the short term, is very low. Those most likely to be affected are those working in roadside wooden kiosks, shops, bars and restaurants. For those who do lose employment, a transition allowance of UgSh 95,000 will be provided for workers in all affected business. This is calculated on the basis of the average wage for a period of one month. The assumptions that underpin this calculation include the following:

. Bar or restaurant workers generally earn between UgShs 35,000 per month (when housed and UgShs 70,000 per month if not housed. Shop workers generally earn slightly more, between UgShs 82,000 per month (when housed) and UgShs 125,000 per month (if not housed). The average income therefore is about UgSh 89,500 per month. . Most workers will continue their employment in the new premises, and thus there will be minimal change to livelihoods. However, a transition allowance will provide assurance that their livelihoods are not affected.

7.4.3.6 Land for construction of camps and quarry sites The contractor will acquire land for camp construction, quarry sites and borrow pits through negotiation with the identified land owner and pay an agreed rental or lease fee for temporary use of the land. Acquisition of camp land and quarry sites should be governed by this RAP and principles of replacement cost should be followed so as to avoid differentiation and ensure equity for owners from which land will be leased. The RAP implementation process shall include sensitization of communities about the RAP issues. Upon closure, the site reverts to the land owner and deconstructing the camp and reinstating the site will be as follows: a) Disassembly or demolition of buildings on site, removal and proper disposal of all construction waste b) Removal of fuel storage tanks c) Remediation of any contaminated areas on site (e.g. soil at fuel dispensing areas, etc) d) Removal of all waste held on site. e) Removal of any construction materials held on site.

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P a g e | 62 f) Removal of all movable machines and equipment from site including any scrap equipment g) Scarify the site to break up hard ground surface so that the site can support vegetation growth again h) Restore ground profiles and drainage on site i) Replant vegetation on site to restore pre-project conditions to the extent possible

The above actions shall be integrated in the legal project agreement with the contractor to ensure commitment that they will be implemented.

7.5 PAYMENT MODALITIES 7.5.1 Payment of bank charges For households which do not currently have a bank account, but would prefer compensation not to be made in cash, the Project will facilitate opening of a bank account and will pay all associated costs directly to the Bank. Account opening charges might also entail costs associated with acquisition of identification documents or recommendation documents from local councils and all these will be refunded by UNRA on a case-by-case basis. UNRA is aware of the possible risk of squandering compensation payments made in cash. This however, will not preclude the choice of cash payment for PAPs who so wish.

7.5.2 Transport refund when collecting compensation The project will provide cash compensation in advance for the payment of transport to payment stations for the collection of compensation payments. This will be in the amount of 20,000 per household, based on prevailing average transport costs in the project areas.

7.5.3 Payment options All PAPs will receive cash compensation in a lump sum before project implementation commences in line with World Bank Policy which calls for full compensation prior to property demolition or displacement.

7.5.4 Notification of Compensation Before receiving their compensation, each PAP will have had chance to view their entitlement. The household entitlement will indicate details of their property valuation and compensation sum due, including the following:

. Compensation amount approved by the Chief Government Valuer. . A description of methods used, including specifics of the valuation of structures, crops and land. . Additional measures to be paid by the project, such as transitional or transport allowance, and also detail the other support offered by the Project, such as relocation assistance. . Information regarding documents required to claim compensation (such as original documentation or passport photos).

Upon receiving the individual entitlement matrix, the PAP must sign acceptance of their entitlement choices. In addition, the claimant will be asked for identification.

In cases where landowners do not reside in project areas:

. UNRA will check with caretakers on the land to establish contact detail of actual owners. . If this fails, UNRA will place advertisements in national papers or radios to inform these land owners about their compensation entitlements. a) Payment Days

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Dates on which PAPs receive payment will depend on payment days assigned to the PAPs’ respective villages. Payment will be disbursed to PAPS two villages per day (“Village Payment Days”).

Heads of households should be accompanied by spouses to receive compensation payments. However, if a spouse is unable to come along then claimant should carry a letter signed by the spouse to this effect. In the case of polygamous households, UNRA will encourage all their spouses to be present during compensation payments. Complaints arising from such compensation will be addressed under the grievance process. UNRA will ensure that communities are made aware of this during RAP disclosure. Also during disclosure, women will be encouraged to accompany their spouses to payment stations if there is a possibility of misuse of compensation payments by their husbands. Wherever practical for such couples, UNRA will seek to know the proposed plan for use of compensation payments and provide appropriate advice.If a PAP misses their respective “Village Payment Days” – the PAP should make special arrangements with respective LC1s to collect their payment. However, every effort will be made by the Project to ensure that households are available on allocated payment days. b) Location

Disbursements will be handed out at a local bank (“Disbursement Location”). c) Who shall be present at payment location

At least three of the following representatives will present at the Disbursement Location:

. UNRA representative . Representatives of the local (LC 1) administration . A representative of the district administration d) Tracking payment:

To track payments, photographs of all PAPs will be taken, which will be entered into the compensation log. e) Payment by instalment

UNRA will provide full upfront payment before commencing construction of the proposed. f) Exceptional situations

. Deceased Owners: A heir or representative of the deceased appointed by the Administrator General will receive compensation on behalf of a deceased person. During RAP disclosure, PAPs will be informed of documentation required for this purpose.

. Joint Owners: Before compensation is done to one of the joint owners, a signed letter must be presented showing that the other parties have authorised the said person to receive payment on their behalf.

. Disputed Ownership: In case of property disputes, ownership of a property has to be verified by a letter from the local village council (LC1). Ownership of a disputed property is resolved by a land committee (at Sub-country level) together with local council (LC) leadership of the village in which the property is located. Modalities and processes for resolving such disputes are already in place within the local government administration system. If these free structures fail, a person resorts to the courts of law.

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7.5.5 Mutation of Compensated Land Upon payment, Mutation Forms will be filled and Letters of Surrender issued to title deed holders. Land compensated by the project will be mutated from title deeds and ownership reverts to UNRA as a road reserve.

A summary of entitlement matrix is shown in Table below.

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Table 14: Entitlement matrix Impact Description Entitled Compensation Measure Unit For all Project affected households a) RESETTLEMENT ASSISTANCE Banking fees  Payment of any bank charges associated All affected PAPs Payment of all relevant fees and charges UgSh/ household with receipt of cash compensation (per household) directly to the bank (cash compensation to  Payment of fees for opening new bank individual households is not applicable). account (if required) Transport costs  Transport to the location where All PAPs (per Cash compensation (at prevailing costs) UgSh /household compensation will be provided household)

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Impact Description Entitled Compensation Measure Unit Specific Entitlements Loss of land  No permanent structure on the land Lease Cash compensation taking into account market  Permanent structure will not be Freehold values for the land. demolished Government  Remaining land still viable for current use  No permanent structure on the land or Lease Cash compensation1 taking into account market permanent structure thereon will not be Freehold values for the land. demolished Government  Land used or owned by vulnerable Note: However, WB policy strongly urges land-for- households, or land compensation. This should be provided where  Land owner becomes landless (as defined appropriate. by Ugandan law) or land reduction results in food insecurity  Land on which permanent structure to be Lease Cash compensation taking into account market demolished is located; Freehold values for the land  Land used or owned by vulnerable Government households. Note: However, WB policy strongly urges land-for- land compensation. This should be provided where appropriate. Loss of structures  Permanent dwelling Owner Cash compensation at replacement value, taking into account market values for dwelling  Permanent dwelling Tenant Disturbance allowance  Permanent business structure Owner, non- Cash compensation at replacement value, taking vulnerable into account market values for the structure

 Permanent business structure Owner, vulnerable Cash compensation at replacement value, taking into account market values for the structure  Permanent business structure Tenant Disturbance allowance  Permanent structure used for both Owner, non- Cash compensation at replacement value taking dwelling and business vulnerable into account the payment equivalent to demonstrable lost profits, as well as market values for the structure  Permanent structure used for both Owner, vulnerable Cash compensation at replacement value taking dwelling and business into account the payment equivalent to demonstrable lost profits, as well as market values

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Impact Description Entitled Compensation Measure Unit for the structure

 Permanent structure used for both Tenant Disturbance allowance dwelling and business  Temporary structure (e.g. pit latrine, fence Owner Cash compensation at replacement cost, taking into etc) account market values for materials Loss of perennial crops  Crops with growth period more than a Crop owner  Cash compensation Various amounts dependant year.  Transition allowance on crop/plant (See Section  Payment for damage to crops (if any) 7.4.3.2). Loss of annual crops  3 months or more notice provided prior to Owner  No compensation payable. use of the land by the Project.

Farmer free to harvest their crops even after expropriation if they have not been damaged by construction.

 Less than 6 months’ notice provided prior Owner  Crops that take more than 3 months to grow to Set amount to use of the land by the Project harvesting stage are not considered seasonal crops and are eligible for compensation. Note: Farmers will be free to harvest their Transition allowance crops even after expropriation if they have  Payment for damage to crops (if any) not been damaged by construction. Loss of business  Businesses who move to new settlement Owners  Transport assistance to move business goods. UgShs/ trip or to non-adjacent land Tenants  Transition allowance UgShs/ business  Businesses who move to adjacent land Owners  Transition allowance UgShs/ business Tenants Loss of employment  Employees in business where structure is Employees  Transitional allowance UgShs/ individual to be demolished due to Project activities  If feasible ensure continuity of employment of affected persons by contactor providing job on road project (where any PAP is interested in such jobs). Injurious damage to During road construction there may be some Owners Monetary compensation to owners from contractor’s UgShs/ individual property (Structures or damages caused to property or crops due to; Tenants insurance at replacement cost. crops)  Flying stones from blasting the rock during quarrying and speeding vehicles. Contractor to repair or replace, to owner satisfaction,

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Impact Description Entitled Compensation Measure Unit  Damages that will be caused by heavy any injuriously damaged property earth machines during road construction.  Property damages that may come up as a result of car accidents Squatters  Agricultural land No compensation for land, but cash compensation  Entire structure affected or partially for the harvest (See Section 7.4.3.2). affected but remaining structure not suitable for continued use Cash compensation for affected structure without depreciation, taking into account market values for structures and materials + right to salvage materials without deduction from compensation. In addition relocation assistance to be paid ((costs of shifting + allowance) + rehabilitation assistance if required Alternatively, PAPs are assisted to find accommodation in rental Housing or in a squatter settlement scheme if available. Assistance with job placement/skills training

1. Defined here as the government rates, and disturbance allowance under Ugandan law (15% or30%). All cash compensation will include a disturbance allowance. Affected people prevalently preferred cash compensation for assets (land and structures) in spite of inherent risks (e.g. squandering resources before rebuilding their livelihoods, theft, inflation, etc). For buildings PAPs would have liberty to salvage construction materials or any material they desire from affected structures.

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8 CONSULTATION WITH PROJECT AFFECTED PERSONS

Consultations with stakeholders including PAPs is very critical for successful resettlement and/or compensation of the affected people. The process of consultations will continue until implementation of the RAP is completed. During updating of this RAP, the Consultant undertook consultations with the new and old PAPs to update existing information. Consultations with PAPs were undertaken at the same time with updating census of project- affected persons. Feedback from consultations was analysed, documented and integrated in resettlement measures reported in this report. During consultations, it was clearly explained to PAPs that resettlement did not only mean displacement and relocation in the literal sense but also loss of income (economic displacement). This consultation targeted all new PAP on the 104 km stretch from Kyenjojo to Kabwoya since they never took part in earlier RAP consultations and surveys. Consultations were conducted with help of LC I chairpersons were held from 11th- 18th December, 2013 with over 900 PAP during RAP update. All communities along the road stretch from Kyenjojo to Kabwoya were receptive of the project as long as they got compensated in time and fairly.

Table below shows locations where consultations were conducted along the road section between Kyenjojo and Kabwoya1.

Table 15: Consultation made with new property owners villages affected by the project District Villages Date of consultation gender of attendees Female Male Hoima Bwijongoro 15th December 2013 1 Kacanga TC 16th December 2013 1 5 Katooke Kitaana 16th December 2013 3 13 Kiburara 15th December 2013 2 20 Kikoonda II 16th December 2013 4 18 Kimbugu LC 1 16th December 2013 3 14 Kisankwa Cell 16th December 2013 1 Kisindi 16th December 2013 1 Kitaganya LC 1 16th December 2013 6 10 Mundama LC 1 16th December 2013 6 45 Nyakabale 16th December 2013 7

Kagadi Kiranye 14th December 2013 1

Kibaale Atahiri LC 1 14th December 2013 1 Bihanga B 14th December 2013 2 7 Gayaza A 15th December 2013 7 11 Gayaza B 15th December 2013 4 10 Ikuma 14th December 2013 3 9 Irobe 15th December 2013 1 5 Itahiro 14th December 2013 8 Kagadi North 16th December 2013 2 4 Kagadi TC 14th December 2013 1 Kahuniro LC 1 15th December 2013 3 13 Kaitabahindi 13th December 2013 3 8 Kaitemba 14th December 2013 8 24 Kararike LC 1 13th December 2013 2 15 Kasaagate 13th December 2013 3 8 Kasenda Cell 15th December 2013 1 3 Katonzi 15th December 2013 2 Katooma 14th December 2013 27 31

1 Note: Signed consultations forms, which are too voluminous to append to this report, are available at UNRA in hard copy

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District Villages Date of consultation gender of attendees Female Male Kibanga 14th December 2013 2 6 Kihura B 14th December 2013 1 Kiryane Cell 14th December 2013 10 23 Kisankwa LC 1 15th December 2013 3 Kitegwa 14th December 2013 3 10 Kitemuzi East 15th December 2013 3 Kitemuzi West 15th December 2013 4 Kitengwa ward LC 1 14th December 2013 1 2 Kitooro 13th December 2013 1 2 Kyabahita LC 1 15th December 2013 1 1 Kyakadehe LC 1 15th December 2013 9 Kyakasenewe 20th December 2013 1 Kyangamoyo LC 1 14th December 2013 5 Kyenzige TC 14th December 2013 5 17 Mabaale TC 15th December 2013 12 Mugalike 14th December 2013 3 Muhooro 13th December 2013 1 1 Mutunda B 14th December 2013 1 Nakulabye 14th December 2013 1 Nyamanga LC 1 13th December 2013 1 4 Nyamiti LC 1 13th December 2013 9 20 Nyanseke LC 1 13th December 2013 6 9 Pachwa 16th December 2013 13 47 Piida LC 1 13th December 2013 1 2 Kyembogo LC 1 15th December 2013 1 Kyetera LC 1 15th December 2013 1

Kyenjojo Kabatoro 12th December 2013 3 12 Kakindo 12th December 2013 4 38 Mabira B 12th December 2013 7 19 Mabira A 12th December 2013 1 1 Kitwetwe LC 1 12th December 2013 4 2 Katara LC 1 12th December 2013 3 9 Katooke Central B 12th December 2013 - 8 Kyeyijumba 11th December 2013 1 5 Enjueru 12th December 2013 3 Haikoona 12th December 2013 1 2 Icwamukono 12th December 2013 4 4 Kabugunda 11th December 2013 1 1 Kaiganaga 12th December 2013 1 1 Muzizi A 13th December 4 6 Muzizi B 12th December 2013 2 12 Mirambi 12th December 2013 1 3 Mukole 12th December 2013 - 4 Nyamiti 13th December 2013 1 2 Nyamwandara 11th December 2013 2 11 Ramukorra 11th December 2013 - 1 Kisenyi 13th December 2013 - 1 Kyasemu 11th December 2013 - 1 Kyeya 12th December 2013 - 2 Kyakaboyo 11th December 2013 - 1

Enthusiasm and excitement was evident among both old and new PAPs, however, many were quick to add that the project was taking too long to be implemented and this affected personal and community economic

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P a g e | 71 development. Some people in trading centers were a little apprehensive however, associating the RAP update exercise a ploy by Government to make them believe that the project was to start soon. Some believed that the project would not start until around 2016, in time for presidential election campaigns. Table below gives a summary of key stakeholder views detailed in Annex 2.

Table 16: Stakeholder views Issues raised Detail of concern Delay of project  Some of the structures marked for demolition are becoming dilapidated and may collapse prior implementation and to compensation; the more apparent fear was how property valuation will be done when the for impact on local such dilapidated structures. This complaint was raised in Kitooro LCI – Muhooro. property owners  Lost income due to incomplete commercial buildings was a major complaint. In Mabira, there were two commercial buildings at wall-plate stage of construction, which were stopped, the owner unable to complete his investment and earn form it. Repayment of any bank loans become impossible under such circumstances and it is a considerable financial loss to local developers.  In Mabira another structure earmarked for demolition which was on wall-plate has been roofed; the owner became inpatient and was looking at his lost investment.  If demolition takes place when owner has just paid Ground Rent to Town Council, will such money be refunded? (This question was raised in Nyanseke). Accurate PAPs  There is need for the project to document accurate names of PAPs to avoid future grievances. names

On Bank Accounts  Some PAPs mentioned that they had been advised to open bank accounts where the compensation money will be deposited. But many have since been closed because of being idle. It was reported that they were charged 15,000/= shillings to open an account, which they have since lost.

In summary key issues routinely encountered in communities along the road are outlined below:

. Keeping cash payments at home could induce spates of robberies after compensation. . Lack of asset ownership documents (title deeds) may preclude PAPs from compensation. . There was need to know exact project commencement date and when compensation would be undertaken. . UNRA needs to protect existing infrastructure such as water sources, electricity mains and repair them if damaged by road works. Gender violence in households can increase if men control /squander compensation payments.

These and other findings were utilized in development of resettlement strategies for the project.

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Plate 8.1: Meeting with Kyenjojo District Local Government Officials held at district Headquarters On 22nd September, 2010

Plate 8.2: PAPs meeting in Kyabagambire Sub- county headquarters on 2nd October 2013

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9 GRIEVANCE MANAGEMENT AND REDRESS PROCEDURES

This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff or contractors during RAP implementation. It also describes procedures, roles and responsibilities in grievance management process.

This grievance procedure will not replace existing legal process in Uganda rather it seeks to resolve issues quickly so as to expedite receipt of entitlements and smooth resettlement without resorting to expensive and time-consuming legal process. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress in courts of law. The grievance system will operate for a total of three years.

The project will put in place an extra-judicial mechanism for managing grievances and disputes based on explanation and mediation. Every aggrieved person shall be able to trigger this mechanism, while still being able to resort to the formal judicial system. Objectives of the grievance process are as follows:

. Provide affected people with avenues for making a complaint or resolving any dispute that may arise during land and asset acquisition, . Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints, . Verify that complaints are satisfied with outcomes of corrective actions, . Avoid the need to resort to judicial proceedings.

9.1 GRIEVANCE COMMITTEE A dedicated Grievance Committee will be established to assess grievances during RAP implementation. This committee must have a quorum of at least 3 people and decisions will be reached by simple majority. The Grievance Committee should be constituted for as long unresolved grievances are pending. This will include the following members:

. Two representatives of PAPs (one woman and man) . Local Council III (LC3); . District Land Officer - Surveyor; . UNRA representative . A property valuer, . Grievance Officer (GO): This is sociologist provided by the RAP implementation consultant contracted by UNRA. . A member of independent locally acceptable CSOs/CBOs.

9.2 GRIEVANCE MECHANISM The Grievance mechanism will receive inputs from three main sources:

. Directly from PAPs residents or other members of community and not necessarily PAPs. . From implementation teams executing the resettlement. . From Monitoring and Evaluation Officer who will forward concerns identified in project affected areas.

Main actions of the grievance process are illustrated in Figure 8.1 and described in sections below.

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Step 1: Receipt of complaint

A verbal or written complaint from a PAP will be received by the Grievance Officer and recorded in a grievance log (electronically if possible) which will be held at UNRA field office. There will be need for the grievance team to hold meetings at sub-county headquarters where grievances are received by a contact person such as the Sub- county Chief. This would then hand over received complaints to UNRA’s grievance officer, for entering into the grievance log. The log would indicate grievances, date lodged, actions taken or reasons the grievance was not acted on (i.e. the grievance was not related to the resettlement process); information provided to complainant and date the grievance was closed. Grievances can be lodged at any time, either directly to UNRA office or through a grievance committee member. The process for lodging a complaint is outlined below:

. The Grievance Officer will receive a complaint from complainant. . The Grievance Officer will ask the claimant questions in their local language, write the answers in English and enter them into the Grievance Form. . The local leader and complainant both sign the Grievance Form after they both confirm the accuracy of the grievance. . The Grievance Officer lodges the complaint in the Grievance Log.

Step 2: Determination of corrective action

If in their judgement, the grievance can be solved at this stage, the Grievance Officer will determine a corrective action in consultation with the aggrieved person. A description of the action; the time frame in which the action is to take place and party responsible for implementing the action will be recorded in the grievance database.

Grievances will be resolved and status reported back to complainants within 30 days. If more time is required, this will be communicated in advance to the aggrieved person. For cases that are not resolved within the stipulated time, detailed investigations will be undertaken and results discussed in the monthly meetings with affected persons.

Step 3: Meeting with the complainant

Corrective action and timeframe in which it is to be implemented will be discussed with the complainant within 30 days of receipt of the grievance. Written agreement to proceed with the corrective action will be sought from the complainant (e.g. by use of an appropriate consent form). If no agreement is reached, Step 2 will be re-visited.

Step 4: Implementation of corrective action

Agreed corrective action will be undertaken by the project or its contractors within the agreed timeframe and completed action recorded in the grievance database.

Step 5: Verification of corrective action

To verify satisfaction, the aggrieved person will be approached by the Grievance Officer to verify that corrective actions have been implemented. A signature of the complainant will be obtained and recorded in the log and/or on the consent form (see Step 3). If the complainant is not satisfied with outcome of the corrective action, additional steps may be undertaken to reach agreement.

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Step 6: Action by local leaders and project contractors

If the Grievance Officer and independent observer cannot solve the grievance, it will be referred to UNRA for a solution that satisfies the aggrieved party.

Step 7: Action by Grievance Committee

If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complaint will be handled by the Grievance Committee. Once the Grievance Committee has determined its approach to the lodged grievance, this will be communicated to the Grievance Officer, who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. However, if the complainant is not satisfied, outstanding issues may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. This grievance management process recognizes that the formal judicial process would be lengthy and costly for PAPs and is recommended only after all free redress options are exhausted.

Step 8: Action by UNRA management

If no satisfactory solution can be provided by the Grievance Committee the complaint will be resolved by UNRA top management and the independent office of the Chief Government Valuer. If after management intervention, resolution is not reached the complaint has the option to pursue recourse by judicial processes in courts of law. Sections below provide key people involved in the grievance redress process and associated actions. a) Grievance Officer A Grievance Officer (GO), who is a member of the implementation team, will lead the grievance mechanism. Principal responsibilities of the GO will include:

. Recording grievances of affected people, categorizing and prioritizing them and providing solutions within a specified time period. . Discussing grievances on a regular basis and developing decision/actions for issues that can be resolved at that level. . Reporting to the aggrieved parties about developments regarding their grievances and decisions taken. . Providing inputs into the Monitoring and Evaluation process.

All PAPs along the road will have access to the grievance process. b) Specific tasks of the GO i) Set up a systematic process of recording grievances in a register (“Grievance log”) as well as electronically (database). Upon request, PAPs may view a log of their grievances.

The grievance log will be sent to the implementation team and UNRA management monthly so as to be aware of the nature of complaints being filed. Where confidentiality is sought by the aggrieved parties, their names would be concealed in this log. ii) Record both written and verbally communicated grievances. iii) Categorize issues in 3-4 broad categories in order to review and resolve them more efficiently. Suggested categories are grievances regarding:

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1. Replacement structure or land, and procurement of construction materials; 2. Agriculture and crops; 3. Livelihoods; and 4. Valuation process and payment of compensation. iv) Prepare a database for recording and keeping track of grievances and how they were resolved. The database shall be a ‘living’ document, updated weekly. Access to making entries into the database shall be restricted to the implementation team, but a PAP will be able to obtain feedback on the status of his/her grievance at any time.

Communicate the grievance procedure to people, process of recording their complaints and timelines for redress. Communication will be provided during household disclosure process and to community leaders. Information will also be provided to affected persons outlining procedures and commitments of the grievance mechanism. v) Raise grievances at the regular Implementation Team meeting for discussion. Some resolutions will require coordination with the local authorities, which the GO should follow up, while some would require intervention from UNRA. c) Capacity building of the GO Since his/her role is crucial in ensuring that the RAP process is transparent, UNRA will select the GO not only based on educational qualifications and experience, but also commitment and communication ability. A flawed grievance process can disrupt the RAP process, leading to resentment and dissatisfaction among affected communities. Depending on the GO’s experience, capacity building for the GO may require initial orientation and a follow-up training program. In such cases, training should include the following:

. Use of computers and maintenance of databases to record and update the Grievance Register, . Effective use of communication mediums and methods to interact with the community as well as for conflict resolution, and . Coordination with relevant stakeholders which may include the implementation team, contract team, or local authorities.

Other members of the committee are considered to have straight forward roles in grievance redress process, similar to their usual job mandate, as outlined below:

. Local Council III would provide counsel related to verification of identity of property ownership and related citizenry complaints.

. The District Land Surveyor will provide guidance on complaints related to property survey.

. The valuer will guide about how property values are derived based on either market value or District Compensation Rates.

. The UNRA present positions representing the institutions view.

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9.3 SPECIFIC PROCESS FOR ADDRESSING VALUATION GRIEVANCES 9.3.1 Valuation In addition to the overall management process for grievances (Figure 12), there are likely to be grievances specifically related to property valuation. These are likely to come when households consider compensation values for their assets insufficient. This might arise when PAPs doubt if valuation values do indeed provide replacement value. If PAPs misunderstood the compensation process and believe they are entitled to additional compensation, they might lodge complaints. Given this, the project has developed a dedicated procedure to manage and close out grievances relating to valuation.

9.3.2 Valuation grievance decision making procedures While some grievances would be resolved by the committee, others might not, such as when the claimant contests District property or crop compensation rates. Therefore the Grievance Officer (GO) will determine whether a complaint can be resolved by the committee or, if not, referred to the Chief Government Valuer (“CGV”). . If not, the GO refers the complaint to the CGV. . CGV refers grievance to the valuer and surveyor. If no settlement is reached at this stage, the aggrieved person can resort to judicial process. . If a complaint concerns the road contractor, the Grievance Officer refers such a complaint to UNRA Management.

Affected Residents Key: Grievances/issues Response

Communicate decision File grievance

Grievance Database

Grievance Officer and Yes Independent Organization

Local Leaders, UNRA – Yes Can it be No SEO, Construction Can it be resolved? Contractor, resolved? Valuer

No

Executive No Is it Grievance Director resolved? Committee, UNRA UNRA

Yes

Figure 12: Grievance management mechanism

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10 RAP IMPLEMENTATION

10.1 IMPLEMENTATION ARRANGEMENTS 10.1.1 RAP Implementation Unit Before road works commence, affected people will be fully compensated before taking their land or demolishing structures. RAP implementation will be a responsibility of UNRA, which may hire an independent consultant. This consultant will constituted a RAP implementation unit implement which will, at a minimum, comprise the following:

. Land surveyor . Property Valuer . Accountant . Sociologist . Legal officer

Districts political leadership may be involved mainly serving as witnesses to the RAP implementation process. A technical representative, preferably from the District Land Office or Social Development Office will be useful in providing on-the-spot technical answers to PAPs, at the payment desk, when necessary.

Before resettlement, the entities will be responsible for planning implementation of the RAP, communicating compensation measures identified in the RAP to PAPs (disclosure of entitlements) and dealing with day-to-day activities associated RAP implementation. Throughout and after RAP implementation UNRA and World Bank will be responsible for monitoring and evaluation activities.

10.1.2 Implementation Schedule RAP implementation is proposed over a period of 16 months during which monitoring would be undertaken throughout the construction period and for extra 6 months after construction (Table 17). The RAP implementation unit and local committees would be formed shortly afterward approval of valuation report by CGV’s office.

The implementation schedule covers all resettlement activities from preparation through implementation, including target dates for achievement of expected benefits.

10.2 RESETTLEMENT BUDGET Compensation and resettlement budget (Table 18) was based on valuation surveyor’s computations of value of affected land, structures as required by Uganda’s Chief Government Valuer. RAP implementation costs have been added to asset valuations to derive overall RAP budget that entails both resettlement and implementation. Uganda Government will finance RAP implementation and resettlement /compensation payments.

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Table 17: RAP implementation schedule Project activities Time (Months)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

a) RAP approval. b) RAP disclosure. c) Compensation payments d) 6 months’ notice to leave property e) Grievances management. f) RAP monitoring & evaluation g) RAP completion audit

Note: “-----“ indicates continuous activity. Grievances are expected to arise any time from disclosure through payment, construction and beyond (during monitoring and evaluation). They should thus be treated as such during RAP implementation. Completion Audit commences from the time compensation payment is accomplished.

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Value for compensation for land, crops and structures for Kyenjojo-Kabwoya road is presented in table below inclusive of a 15 % Disturbance Allowance, based on 6- months’ notice to vacate affected property after receipt of compensation. UNRA has committed funds in 2014/2015 budget for implementation of this RAP.

Table 18: Resettlement budget District Number of Villages Amount (UGX) 1 Kyenjojo 31 6,869,106,362 2 Kibaale 49 7,480,309,169 3 Hoima 16 1,536,067,940 Total 1 96 15,885,483,471

b) RAP implementation budget

Table 19: RAP implementation budget 1 RAP implementation consultant 950,000,000 2 Monitoring & evaluation 400,000,000 3 Provisional sum for special assistance to vulnerable people 150,000,000 4 Provisional sum for market rehabilitation and vendor relocation 400,000,000 Total 2 1,500,000,000 GRAND TOTAL (resettlement and implementation) Total 1+ Total 2 17,385,483,471

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RAP costs presented in tables above are premised on the following:

i) Resettlement budget (will ensure that affected persons are able to replace assets and restore their livelihoods as were in pre-project condition or better. ii) RAP implementation budget will depend on prevailing market prices but was developed based on an implementation period of 11 months for a 100 km road stretch utilizing 4 specialists (a land lawyer, accountant, sociologist and property valuer) and several assistants. iii) Monitoring and evaluation (M&E) was budgeted as a rolling activity commencing with start of payment and running for next 18 months. This budget will support both internal and external monitoring by local government officials (Socio-development, environment, production, land board, etc.) and also procurement of an independent M&E consultant by UNRA. iv) A budget to support vulnerable people has been provided for special assistance as judged at the time of RAP implementation. v) A provisional sum for works in trading centres or at markets (e.g. frontage roads in trading centres and vendor relocation on road-side markets) has been provided where this may be required. vi) RAP implementation cost also includes land expropriation and titling.

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11 MONITORING, EVALUATION AND COMPLETION AUDIT

The purpose of monitoring and evaluation for this RAP will be to check effectiveness of RAP implementation, covering resettlement, disbursement of compensation money and public involvement. Monitoring will also entail evaluation of effectiveness of the grievance management process.

Sections below present the proposed monitoring and evaluation framework for RAP implementation, including a plan for monitoring and evaluation of compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including the World Bank. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule and support of vulnerable PAPs.

11.1 GENERAL OBJECTIVES AND APPROACH The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components: a) Internal monitoring – undertaken by the implementation unit’s Monitoring Officer, b) External evaluations –by World Bank, CSO/CBO and other national stakeholders.

11.2 INTERNAL MONITORING PROCESS 11.2.1 Overview Overall objectives and tasks of the internal monitoring process are:

. Identification of suitable indicators; . Measurement of indicators at appropriate intervals; . Creation of a mechanism to analyze M&E data against a pre-resettlement baseline. This baseline should be contemporary and established by measurement, especially of incomes, income stability and livelihoods.

. Set up a system to regularly respond to M&E findings by adapting existing measures or by modifying implementation processes.

This monitoring process will be used to analyze progress and change at regular intervals. It shall be linked to the various stages of the RAP, as follows:- a) During resettlement

During resettlement, M&E should focus on resettlement issues such as:

. Number of families that have been compensated; . Number of people who have acquired legal documents to new property, . Number of grievances . Number of grievances resolved . Number of business owners who have restored their businesses, . Efficiency and effectiveness of grievance redress mechanism. AWE Engineers www.awe-engineers.com

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b) After resettlement

Post resettlement monitoring should focus on rehabilitation issues, for example:

. Success level of restoration of livelihoods . Success level of restoration of assets . Efficiency and effectiveness of grievance redress mechanism.

11.2.2 Key Activities and Responsibilities i) Set up a system: The RAP implementation team will provide a monitoring form to be completed monthly by a dedicated M&E officer. Information collected will be entered into a database at UNRA for further analysis and compilation into quarterly reports. ii) Ongoing Monitoring: The M&E Officer will be in-charge of regular monitoring of the implementation process. This will involve:

a) Feedback and inputs from the Implementation Officers. b) Reviewing of the resettlement database. c) Receiving reports from Grievance Officer and of the grievance database. d) Receiving information from local representatives. e) Direct consultation with the resettled community at each location.

The M&E Officer should preferably be a sociologist with experience in RAP implementation and monitoring. iii) Monthly reports: Consolidated monthly reports with key findings from on-going monitoring should be submitted to the implementation team and discussed every month and action points determined. This monthly progress review should aim to ensure that the important issues are immediately rectified. iv) Vulnerability assessment: It is essential that vulnerability is closely monitored in order to provide timely support to susceptible households. A vulnerability assessment shall occur as part of quarterly auditing of all households, and those households that are most vulnerable shall be prioritized for monthly auditing and targeted assistance. This may be undertaken by the implementation Officer. Key activities are:

a) Develop a set of criteria to identify vulnerable households (Note that this is intended to act as a guideline only and should be modified as appropriate). b) Every three months visit vulnerable households to assess key needs/ issues (e.g. unemployment) with the rehabilitation process. c) Develop a plan to address these issues in conjunction with members of the household.

11.3 EXTERNAL EVALUATION PROCESS 11.3.1 Overview In addition to internal monitoring, external assessment of the resettlement process should be undertaken through an external evaluation agency appointed by UNRA. The external evaluation process will be informed by internal

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The evaluation system will be based on: a) Process indicators that measure effectiveness (consultation, grievance) and inputs like people, equipment and materials and identify areas where improvements to existing processes are required. These may include the following:

. Transparency of the implementation process. . Adequacy of staff and capacity of implementing entities agencies. . Compliance of the resettlement process with Ugandan law and World Bank standards. . Effectiveness of the grievance mechanism. . Adequacy and effectiveness of public involvement. . Effectiveness of the internal monitoring mechanism. b) Outcome indicators will assess effectiveness of resettlement and changes that have occurred to the communities’ standard of living. Key indicators are outlined in Table below.

Table 20: Monitoring indicators during resettlement (quarterly basis) Category Indicator Fund disbursement . Number of PAPs paid . Amount of money disbursed . Number of PAPs not paid in prescribed time (respective quarter) . Reasons for not paying PAPs . Projected disbursements in the next 3 months Restoration of and . Number of PAPs who have reconstructed buildings assets livelihoods . Reasons for not reconstructing dwellings . Number of commercial buildings replaced . Reasons for not reconstructing commercial buildings . Number of businesses restored . Reasons for not re-establishing businesses Public involvement . Participation of local leaders and community in resettlement process Grievance . Number of grievances received management . Number of grievances resolved . Number of complaints reported to other government agencies and outcomes including how grievance was resolved . Number of grievances refereed to Uganda Courts of Law . Number of outstanding grievances and reasons for not resolving them Custody of legal . Land title deeds received documents . Land title returned to owners Resettlement of . Number of vulnerable PAPs resettled vulnerable PAPs . Kind of special assistance provided

11.3.2 Key Activities and Responsibilities UNRA will liaise with relevant ministries (MoLGD, MoFPED, CGV’s office) to undertake external evaluation of resettlement mid-term and at end of resettlement. These evaluations will focus on reviewing the process and making necessary recommendations for modification to existing rehabilitation measures and grievance redress processes.

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As part of its RAP supervision and monitoring, UNRA will at end of resettlement activities conduct a rapid socio- economic survey, based on a sample of the total number of PAPs to establish effectiveness of resettlement. For the reason that baseline data in RAP will be old by end of resettlement activities, findings of this survey will also be compared with prevailing general socio-economic conditions along the road.

RAP monitoring will also involve local government offices such as the district Community Development Officer (CDO) who is mandated to address social issues including community mobilization. For this role, the district CDO can work with Assistant Community Development Officer (ACDO) at sub-county level. UNRA will identify and train NGOs/ CSO/CBO to undertake monitoring of RAP implementation. It is noted however that local government structures (district and sub-county level) do not usually have the required knowledge, skills and financial resources to support RAP implementation and monitoring. It would be in the projects interest to develop a training program and provide necessary financial facilitation. UNRA therefore needs to sensitize district staff and other stakeholders about this RAP and implementation responsibilities required of them. This activity will be catered for under the budget line of RAP monitoring and evaluation. During RAP implementation UNRA will submit to World Bank quarterly RAP implementation progress reports.

11.3.3 RAP Completion Report After completion of resettlement, a final report will be submitted by UNRA to World Bank prior to preparation of the project implementation report. The report shall indicate effectiveness of project implementation and disbursement of compensation payments, effectiveness of public involvement and socio-economic impacts of roadside communities. This report will give overall assessment of the RAP process indicating activities undertaken, success of mitigation action and monitoring and well as useful lessons learnt.

11.3.4 Completion Audit A key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether UNRA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and World Bank requirements.

The completion audit will be based on progress and outcome evaluation indicators and shall aim to answer the following questions:

Have the objectives of the RAP been reached in terms of:

. Compensation for all impacts of all affected people, . Timely delivery of entitlements and compliance with Uganda’s and World Bank resettlement requirements, . Has compensation been fair and adequate to mitigate social impacts, . Have livelihoods been restored.

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12 CONCLUSION

The proposed project has considerable local and national socio-economic benefit. An improved road will bring considerable social benefits for Districts it passes through by stimulating trade and attracting public transport hence lowering transport cost for people and goods. Considering that the road project follows existing alignment, resettlement impacts are expected to be manageable with good planning, RAP implementation, grievance management and monitoring.

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REFERENCES

1. Constitution of Republic of Uganda, 1995. 2. Constitution of Republic of Uganda, 1995. 3. Crosby, Benjamin L. March 1992. "Stakeholder Analysis: A Vital Tool for Strategic Managers." Technical Notes, no. 2. Washington, DC: Implementing Policy Change Project for the US Agency for International Development (USAID). 4. Golder. B, Gawler. M, 2005: Cross-Cutting Tool: Stakeholder Analysis, WWF (USA). 5. GoU MoWT (2008), Roads Sub-Sector Gender Policy Statement. 6. GoU MoWT (2008), Roads Sub-Sector HIV/AIDS Policy Statement. 7. GoU MoWT (2008), Roads Sub-Sector Policy Statement for Occupational Health and Safety 8. IFC (Environment and Social Development Department) Resettlement Handbook 9. Hoima District Local Government District Strategic Plan for Orphans and other Vulnerable Children 2007/08- 2011/12. 10. Ministry of Works, Transport & Communications (now MoWT) 1999: Sector Environmental Policy & Management Assessment of FRSP Volume III: Road Sector EIA Guidelines. 11. MoWT (2005). General Specifications for Road and Bridge Works. 12. National Environment Management Authority (NEMA), 1997: Environmental Impact Assessment Guidelines for Uganda. 13. National Population and Housing Census, 2002, Uganda Bureau of Statistics. 14. The World Bank 2007, General EHS Guidelines. 15. Uganda Government, The Local Governments Act, 1997. 16. WHO, 2002. Environmental health in emergencies and disasters: a practical guide. 17. NUPIPU, 2007: Policy Brief on Mainstreaming and Operating the Disability policy in Government Development Programs and Plans. 18. UNAPD, 2010: Publication of Selected Legal Provision in Domestic and International Laws on Physical Accessibility. 19. Japan International Cooperation Agency (Jica)2010 :Guidelines For Environmental And Social Considerations.

Agencies from which baseline socio-economic data was obtained:

. Ministry of Local Government, MoLG (orphans and vulnerable children statistics, local administration mandate, structure and roles) . Uganda Bureau of Statistics, UBOS (general district statistics) . Kyenjojo District Local Government (health statistics, literacy) . Hoima District Local Government (health statistics, literacy) . Masindi District Local Government (health statistics, literacy) . Kibaale District Local Government (health statistics, literacy)

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Annex 1: Public facilities along the proposed road a) Schools, Health Centres and other Institutions Note: These facilities will not be affected by the road project

Waypoint GPS coordinates Feature and description Easting Northing Altitude(m) KYENJOJO DISTRICT 16 238100 69761 1368 Katoosa Primary School which is about 150m from the road. Part of this school compound is in the road reserve 17 238176 69840 1370 Access to St. Adolf High School. This school is away from the road reserve but its access can be affected by road expansion. 19 238324 70038 1374 Petrol station which is about 3m from the road and access to Bucuni Primary School 22 238934 71922 1360 Living Hope Nursery and Primary School and access to Kasunga. 24 239284 72965 1340 Junction to Kijugo Primary School and Kyenjojo District Local Government Production Department. On the opposite side are the District NAADS offices. 25 239702 74757 1379 J. Agaba Memorial Skills Training Centre which is about 20m from the road. This marks the beginning of Rwamukoora Trading Centre. 26 242756 78832 1366 Access to Tanaga School which is about 250m from the road 29 242979 79179 1373 Access to Iraara Primary School. 31 244048 81285 1384 Access to Katooke Subcounty LC3 Headquarters and Iborooga Primary School. 34 245358 81781 1381 Access to Katooke Secondary School and Katooke Primary School. 35 246628 82744 1376 St. Peter's College Mukole and a church. The school is about 15m from the road but it's compound is in the road reserve. 39 249211 88196 1395 Our lady of Assumption Mabira Catholic Parish and Mabira Primary School which is 50m from the road. 40 249192 88476 1388 Nyankwanzi High School. This is about 15m from the road 41 249210 88671 1376 Access to Mabira Demonstration Primary School and Rubowa Primary School. KIBAALE DISTRICT 52 247692 98840 1299 Access to Nyabigata Primary School. 54 248573 99651 1286 Nyanseke COU Primary School. This is 50m from the road. 56 250174 100609 1275 St. Adolf Tibeyalirwa Secondary School which is 10m from the road. 58 250336 100874 1284 Muhurro BSC Primary School, 5m from the road. 59 250342 100908 1283 St. Joseph Muhurro Catholic Parish and St. Margaret Mary Muhurro Girls SSS, 30m from the road. 65 253252 101940 1266 Kibanga Primary School. 66 253612 101610 1262 Access to Ruswiga Primary School. 69 255265 102392 1242 Quality Education Centre, Kagadi – 150m from the road 71 256282 104155 1231 Kagadi Hospital and Kagadi Kindergarten & Primary School 72 256419 104166 1227 Bishop Rwakaikara Primary School. Disabled children’s unit and a church. 74 259047 106267 1213 Kiryane Primary School, 5m from the road 77 260293 107748 1220 Kyenzige Primary School, 50m from the road. This is the beginning of

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Kyenzige Trading Centre. 81 264269 110808 1202 Mugalike Catholic Parish and Uganda Martyrs S.S. Mugalike and Mugalike Primary School. 86 268335 116145 1200 Kyeya Primary School and a church. 87 268512 116322 1218 Piped water supply system, Bless the Children Ministries Primary School, Excel Model Nursery and Primary School, Mabale Parents Nursery and Primary School 89 269475 117363 1239 Mabale Secondary School, Mabale Primary School and St Andrew's C.O.U Mabale Parish 91 271692 119611 1114 Access to St. Mary's PTR SS Kirya Rugonjo and St. Thereza, 2km from the road 92 274139 121321 1154 Paacwa Model Primary School, 10m from the road. 93 275899 122820 1110 Kahumiro Primary School, 5m from the road. This marks the beginning of Paacwa Trading Centre. 102 286433 137422 1169 Kabwooya Primary School and Kabwooya Child Development Centre. 106 295614 144329 1083 St. Martin's Institute of Health Sciences, Munteme Fatima Parish and St. John Bosco Munteme Primary School. 107 295776 144479 1078 St. Joseph Munteme Technical School and Munteme Trading Centre. 108 296071 144962 1072 Munteme Junior School, 5m from the road 111 300282 147165 1099 Nyati Trading Centre and Sir Titowinyi Primary School 114 301917 148087 1110 Karama Primary School. 115 302144 148230 1107 Kikuube Health Centre IV and Kikuube BCS Primary School. 118 308070 150733 1099 Kikoboza Primary School, 10m from the road. 120 312035 148867 1143 Light College Buhimba Campus. 122 312843 149341 1159 Kidege Muslim Primary School, 30m from the road 123 313052 149765 1137 Makerere Comprehensive High School, 50m from the road 125 314017 152746 1165 Buswekera Primary School, 10m from the road. 126 314418 154148 1158 Mpaija Primary School, 20m from the road. 134 319438 157415 1138 Good Hope Nursery and Primary School, 5m from the road. 138 320802 158208 1154 Access to Mparo Primary School. 141 323363 159676 1181 Access to Drucilla Memorial Primary School, 50m from the road. 145 325371 160191 1170 Kyakapeya Primary School, 50m from the road and a church which is 30m from the road. 148 325996 161686 1164 Kakindo C.O.U Primary School. 149 326129 161813 1159 Kakindo C.O.U Secondary School. 154 328904 163952 1132 Kyamateera Wildlife Education Centre, 20m from the road. 157 329978 164255 1136 St. Peter's Bulini BCS and a Church, 50m from the road. 159 331097 164792 1150 Bulindi Integrated SSS, 200m from the road. 160 331731 165126 1152 Another School and a Church just after Bulindi Integrated SSS. 162 332494 165525 1152 Access to Sir Titowinyi Secondary School. 163 332812 165599 1149 Bulindi Zonal Agricultural Research and Development Institute, 5m from the road. 166 334167 165636 1131 Access to Kibaire Primary School. 167 334618 166076 1099 Upcoming school, 10m from the road. 169 335079 166346 1101 Access to Kisalizi C.O.U Primary School.

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171 336419 166579 1108 Bulima Valley Primary School, 30m from the road. This marks the beginning of Bulima Trading Centre. 175 337559 167154 1120 Bulima Primary School, 50m from the road. 180 342681 169716 1105 Bwijanga Health Centre IV and Kitamba Primary School, 50m from the road and Bwijanga Sub-county Headquarters. 183 344582 170970 1128 Murro Primary School, 70m from the road. 184 344670 171081 1125 Access to St. Kizito Murro primary school and Murro Catholic Parish. 186 346222 173978 1116 Advent Pride Nursery and Primary School, 10m from the road. 191 349695 176624 1154 Access to Ikoba Secondary School and Ikoba Girls C.O.U Primary School, 200m from the road. 192 349889 176616 1157 Ikoba Boys Primary School, 80m from the road. 195 351064 177391 1162 Kiina Primary School, 30m from the road. 196 351082 177389 1163 Water pipeline at Kiina Primary School, 5m from the road. 197 353879 179639 1129 Rukondwa Primary School, 90m from the road. 199 354344 180005 1113 Access to Fumbya Central Forest Reserve, Rukondwa Nursery Garden, Alinda Nursery & Primary school and Kitonozi Primary School. 203 355430 180759 1134 Katasenywa C.O.U Primary School, 100m from the road and Nyangahya Community Secondary School. 204 355468 180801 1135 Access to Kichandi Primary School, Kalyango Primary School and Kidepo Grain Millers Ltd. 205 356023 184230 1152 Access to St. Theresa Girls Secondary School and Nyamigisa Parish and Schools. 209 357344 187188 1168 Kabalega Secondary School, 50m from the road. 210 357433 187268 1165 St. Kizito Vocational and Apprenticeship Centre. 212 357728 187502 1159 Muvule tree infront of St. Edward Primary School. 218 359374 190254 1196 Uganda Technical College, Kyema. 220 360542 192007 1154 Kisanja Primary School, 30m from the road. 221 362933 194374 1121 Walyoba Infant Care School, and Walyoba Brilliant Primary School 10m from the road. 224 364841 195118 1125 St. Paul's Secondary & Primary School, Pakanyi. 229 368851 196032 1086 Nyakatoogo Primary School, 100m from the road. 233 371095 196188 1106 Kisindizi 2 water point and a Primary School. 238 375290 197782 1117 Kyatiri Trading Centre, St Blessed Damian School and St Mary's Kyatiri Primary School and a church 30m from the road. 239 375709 198067 1121 Access to Kibibira Primary School. 242 377816 198720 1103 Access to Mboira Primary School. 250 381319 197900 1093 Kizibu C.O.U Primary School. 254 384905 198328 1071 Kididima Primary School, 100m from the road. 257 386699 199068 1083 Access to Uganda Cooperative College. 260 387099 199279 1077 Kigumba Secondary School, 5m. 264 388866 199727 1076 Access to Kigumba Centre Primary School.

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b) Water Supply Facilities East North Altitude(m) Feature and description 237898 68225 1354 Kamagadi Water Works. This has a water pump which serves Kamagadi and the neibouring villages including some parts of Kyenjojo. 242890 79064 1367 Water pump/ borehole and access to Produce Store Enjeru Sisimuka Cooperative Society. 247567 84897 1368 Water pump/ borehole which is about 8m from the road 249185 88785 1371 Water Pump which is 6m from the road 247666 95639 1169 Small water source in Kamutunsi village which is 10m from the road 247499 95934 1171 Pipe water source and Kamutunsi Trading Centre 250470 101168 1272 Pipe/Tap water supply and a church. This marks the beginning of Muhurro Trading Centre. 250875 101301 1265 Water pump, 5m from the road 251013 101511 1262 Water supply unit, 50m from the road 268221 115999 1182 Piped water supply system, 5m from the road 268512 116322 1218 Piped water supply system near Bless the Children Ministries Primary School, Excel Model Nursery & Primary School, Mabale Parents Nursery & Primary School 331850 165167 1152 Borehole water source, 2m from the existing road reserve 334024 165655 1135 Borehole water source, 40m from the road 351082 177389 1163 Water pipeline at Kiina Primary School, 5m from the road 358249 187957 1138 Katama Piped Water Supply unit. 365021 195003 1125 Borehole infront of the school compound, 20m from the road 371095 196188 1106 Kisindizi 2 water points and a primary school 380622 197986 1079 Borehole, 50m from the road 382233 197897 1074 Borehole, 25m from the road

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Annex 2: Record of stakeholder consultations

Consultations were undertaken with district officials and in villages and trading centers along the road to inform people about the project, explain RAP process, and seek views on valuation and compensation criteria as well as possible impact mitigation recommendations. Below are minutes of meetings held during consultation with various stakeholders.

Meeting 1: Kyenjojo District Administration Purpose of meeting: To obtain their views on the proposed project. Date held & place: 22nd September, 2010 held at District headquarters. (Kyenjojo District). Present: Kalibbala Herbert, (Team leader) Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Project The project affected persons should be intensively sensitized on the mode of compensation to avoid discontent. They should also be sensitized about negative consequences of proposed development such as potential for spread of HIV/AIDS and other sexually transmitted diseases. On Compensation Compensation rates should be updated and taken to the Chief Government Valuer for approval. On Language Government should caution the contractors on the vulgar language used in the community during road construction. On Employment Q: How much will the community be involved in terms of employment? A: The contractors will hire local labour for casual jobs. During construction, the welfare of the workers should be considered. Contractors should provide them with protective gears. On Accessibility Contractors should ensure that access to people’s homes is not blocked during construction. On Water pipes Contractors should take note of the water pipes within the road reserve right from the district town center up to Katooke trading center. They are mainly on the left hand side of the road. During construction these utilities should be well maintained. On Murram There is good murram at Rubanjo in Katooke Sub-county. Contractors should restore the burrow pits after excavating murram

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Meeting 2: Community meeting Purpose of meeting: To obtain their views on the proposed project. Date held & place: 23rd September, 2010 for Katoosa held at Katoosa LCI. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Why doesn’t government compensate for the 15m road reserve that is on the titled land? A: During the survey of titled land, 15m of road reserve are cut off from the land so no compensation can be done after that. However, if there is any property that is affected on that land, the government compensates for it. Q: Does the government compensate the project Affected Persons before the actual road construction starts? A: Yes.

On road safety We request contractors to put humps on the road during construction so that they can minimize on road accidents and dust that could affect homesteads and road-side shops. On Project Project affected persons should be notified about dates when property surveyors will workin their communities so that they can be present to fill their forms in person.

Meeting 3: Community meeting Purpose of meeting: To obtain their views on the proposed project. Date held & place: 23rd September, 2010 held at Kabagunda Cell. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: How does government compensate for a school whose play ground is affected? A: Government compensates for the whole play ground and it is relocated elsewhere. On the project Q: When is actual road construction likely to start? A:The project has already started: surveyors and the valuers are already working.

On Employment Q: Will government consider local people for casual labor during road construction? A: The contractors will hire local labor for casual work, wherever possible.

Q: If one’s land is 90% affected and the remaining parcel is so small that it is not useful for farming or settlement, how will government compensate for this? A: The government will pay for all the land and the affected person relocated elsewhere.

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Meeting 4: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 22nd September, 2010 held at Kabagunda/ Nyambya. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Does government compensate for land that has no any structures on it? A: Yes. Q:For property valuation will government consider prevailing market value of land? A: Government considers all these factors during compensation. Q: Does government compensate project affected Person who don’t fill assessment forms? A: Government requires all project affected persons to fill these forms in person or by their next of kin. These forms should be countersigned by local leaders. On Land Q: If one’s land is 90% affected and the remaining parcel is such small that it is not useful for farming or settlement, how will government compensate for this? A: The government will pay for all the land and affected person relocates elsewhere. On Project Q: When is the actual road construction? A:Usually depends on government schedule. Q: How does government deal with contractors who commit crimes in society for example impregnating school-going girls or disrupting families. A: Community should endeavor to protect their children and wives against such injustice but just in case this happens, local leaders and the police should be notified.

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Meeting 5: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 25th September, 2010 for villages of Kijwiga, Rwamukoora, Icwamukono, and Lwesinga held at Rwamukoora trading center (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Is compensation done after a project has started? A: No, government compensates PAPs before actual construction starts. Q: How does government deal with land that has ownership conflicts? A: Government surveys and values the land with property on it but it doesn’t compensate for it until any encumbrances or wrangles are resolved. Q: Do contractors compensate for land where road diversions are created during road construction? A: No, contractors don’t pay for that land because it is restored after use but any property that is destroyed on that piece of land is compensated.

On the project Q: When are surveyors and land valuers starting their work? A: They are already working. Q: How does government deal with contractors who commit crimes in the society for example, impregnating school going children and also disorganizing marriages? A: Community should protect their children and wives but also local leaders and the police should be notified where this happens. Q: There is a belief that during construction children are sacrificed. How true is this? A: The community should protect children during this period because there are could becriminals who can take advantage of the project to do their heinous acts. There is no evidence that contractors sacrifice children during road construction. On Employment Q: Will government consider communitiesin Kyenjojo for casual labour during road construction? A: There will be job opportunities during road construction and these will go to local people wherever feasible.

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Meeting 6: Village meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 25th September, 2010 for villages of Nyamwandara, Kaiganga, and Kinogero held at Kaiganga trading Center (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Does the government compensate for titled land the same way as customary land? A: No, titled land gets more compensation. Q: Does the government compensate for a house without a plan houses? A: Yes. Q: Does the government compensate for a house near the road reserve? A: No, It only compensates for property that is within the road reserve. Q: Does the government compensate for affected land without any property? A: Yes. Q: Does the government compensate the project Affected persons that fall within the new alignment? A: Yes.

On the project Q: When are the surveyors and the land valuers starting to work? A: They are already underway.

On Compensation: Q: Is titled and untitled land compensated the same way? A: No. Q: Does the government compensate for unplanned houses? A: Yes. Q: Will the road have re-alignment in some areas? A: Yes, it will have re-alignments for purposes of minimizing on the so many corners. Q: Does the government compensate for land without any property? A: Yes. Q: Does government compensate for the house near the road reserve? A: No, government compensates for only those houses within the road reserve. On Project Q: When is the actual road construction likely to start? A: The project has already started the surveyors and the valuers are already working. Q:Will the contractor buy gravel from Kyenjojo if it is available? A: Yes.

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Meeting 7: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 25th September, 2010 for villages of Enjeru, Kyasemu at Enjeru Trading center. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Does government compensate for sign posts on my land? A: No, sign posts will be removed and reinstated after construction. Q: Do contractors compensate for land where road diversions are created during construction? A: No, contractors don’t pay for that land because it is restored after use but any property that is destroyed on that land is compensated. Q: Does government compensate grazing rangeland? A: Yes. On Land Q: How does government compensate for PAPs whose biggest part of land has been taken and the remaining is too little to have any activity thereon? A: Government compensates for all the remaining land and the person relocated.

On Project Q: When is the actual road construction likely to start? A: Usually depends on the government schedule and hwne funds are secured. Contractors should be cautioned on the use of vulgar language. On Injurious impact Q: During road construction, there are some buildings affected they were not among those eligible for valuation and compensation. Will government also consider them? A: Yes, injurious damage will be compensated. On Employment Q: Will government consider local people for casual labor during road construction? A: The contractor will have job opportunities for local people.

Meeting 8: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 22nd September, 2010 for the villages of Katooke held at Katooke Sub-county (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Do contractors compensate for land where road diversion is created during construction? A: No, contractors don’t pay for that land because it is restored after use but any property that is destroyed on the land is compensated. Q: Does government compensate for a house that is damaged by road construction? A: If government proves that the house was damaged as a result of road construction, it is compensated. Q: How does government compensate deceased people? A: The family has to get a relative approved by Administrator General to be paid on their behalf. Q: Is titled land compensated the same way as untitled land? A: No. Q: Does government compensate for land without any property? A: Yes. On the project Q: There is a belief that children are sacrificed during road construction. Is this true? A: There is no evidence that contractors do sacrifice children.

On Employment Q: How much will the community be involved in terms of employment? A: Very likely the contractors will hire local labour during construction.

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Meeting 9: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 27th September, 2010 for villages of Kyaduli, Mabira A and B held at Mabira Trading center. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Does government compensate titled land? A: Yes Q: Does government compensate PAPs before the actual construction? A: Yes. Q: Does government consider current market prices during compensation? A: Yes. On project Q: Do contractors have identity cards? A: Yes. Q: Will there be re-alignments during construction? A:To the extent possible, the road project will follow existing road corridor.

Meeting 10: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 27th September, 2010 for villages of Haikona and Mubaki held at Haikona Trading center. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation: Q: Why doesn’t government compensate for annual crops? A: The community is given enough time to harvest those crops. Therefore government only compensates for land on which the crops are grown. Q: If a government school or church is affected, who does government compensate? A: For churches it will be the administration to be compensated and for government schools, the Ministry of Education while private owners receive compensation for their schools. Q: Doesn’t government undervalue affected property? A: No, government ensures that it compensates the right value for all affected property.

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Meeting 11: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 27th September, 2010 for villages of Mirambi and Kabatooro at Hasanju Trading center. (Kyenjojo District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Land Q: Does government consider market valueduring property valuation? A:Government considers all these factors

On Compensation Q: Does government compensate before actual road construction commences? A: Yes. Q: Why doesn’t government allow PAP to bargain valueof their property? A: It is government policy for District local governments to determine compensation values based for their district. Q: What if one’s house is affected and it was built with a loan from the bank, who does government compensate? A: Government compensates the property owner. Q: Are the widows compensated? A: Yes

On assistance given Q: Will there be a small allowance given to the LC’s if they assist during resettlement and provided by the local project implementation? leaders during A:UNRA will facilitate such actors when they are engaged. resettlement

Meeting 12: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 27th September, 2010 for villages of Kakindu, Kyeya, Muzizi A and B at Kyamutunzi Trading center.(Kyenjojo district) Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Can one use a friend’s account to get their money from the bank? A: No, one is required to get theirown bank account to in order to be paid. Does government compensate a PAP whose land is affected on either side of the road? A: Yes. Q: Does contractor pay for property that is destroyed during the road diversion? A: Yes. Q: Does the contractor pay for gravel that is excavated from some one’s land? A: Yes. On income restoration Q: If one has fruit trees and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for income restoration- payments are made for property “as is”. However resettlement requirements of multilateral funders provide for income restoration and this will be made in the RAP budget.

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HOIMA and MASINDI DISTRICTS

Meeting 13: Hoima District Administration Purpose of meeting: To obtain their views on the proposed project. Date held & place: 29th September, 2010 held at District Headquarters (Hoima District). Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Kampala- Busunju- Hoima road has disparity in compensation amounts yet some local people thought theyought to have got equal payments. So project affected persons should be educatedabout the mode of compensation to avoid discontent. On Land Land tenure here is mainly customary.There are very few people in the community that have titled or leasehold land.Land is a very contentious issue so to avoid conflicts, compensation has to be done before actual construction commences. On Sensitization Community should be sensitized about negative consequences of proposed development such as potential for spread of HIV/AIDS and other sexually transmitted diseases.

Meeting 14: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st October, 2010 for villages of Kanubi held at Kanubi trading center. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Project Q: When is the project starting? commencement A: Usually depends on government acquiring necessary funds from funders. On Compensation Q: Does government compensate for land without any property? A: Yes. Q: Does government compensate for titled land? A: Yes. On Injurious damage Q: During road construction there may be buildings affected yet were not among those eligible for valuation and compensation. Will government consider them? A: Yes, government considers such incidental damage eligible for compensation. On documents proving Q: If a person has three names on the voter’s card and two in the bank which ones should ownership of property he (she) use? A: The PAP should provide documents that are accurate and prove ownership of the property.

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Meeting 15: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st October, 2010 for villages of Mparo, Kicwamba, held at Pida center. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: How does government compensate for lease land that is not yet renewed? A: The government doesn’t compensate for such land until it is renewed. Q: How does government compensate a kibanja owner who bought land from titled land owner? A: Government compensates both owners. Q:Will government compensate for property before the actual road construction starts? A: Yes. Q: If one’s land is affected by the project before a land title deed is transferred in his names, how does government deal with this situation? A: The PAP has to prove ownership in ways acceptable to UNRA and local leaders.

Meeting 16: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st October, 2010 for villages of Kikwatamigo at Kikwatamigo trading center. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On documents Q: Does government require only the project affected persons to fill project documents? A: No, next of kin can help in filling document. On Compensation Q: Does government compensate for unfinished buildings? A: Yes, these are compensated to their true value at the time of valuation Q: Does government compensate leased land? A: Yes.

Meeting 17: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st October, 2010 for villages of Kyakapeya trading center. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

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On Compensation Q:If one has perennial crops and they hope to gain from them over a period of time, how will the government compensate? A: Existing Uganda compensation laws do not provide for income restoration- payments are made for property “as is” but RAP guidelines of multilateral funding agencies provide for income restoration. Q: Does government compensate for land where the affected house is built? A: Yes. Q: Will government compensate before the actual construction starts? A: Yes. On Project Q: When is the project starting? A: Usually depends on government acquiring necessary funds. Q: If water mains get damaged during road construction, will government restore them? A: It will be the duty of the contractor to avoiddamaged to utilities. On Land Q: If one’s land is 90% affected and the remaining parcel is such small that it is not useful for farming or settlement, how will government compensate for this? A: The government will pay for all the land and the affected person relocated.

Meeting 18: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd October, 2010 for villages of Kakindo, Kyamogi, Nyakakongi held at Kyabagambire sub- county. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for land without any property? A: Yes. Q Does government compensate for affected property “as is” after valuation? A: Yes. On employment Q: Is there any employment for casual labor? A: Very likely the contractors will hire local labor during construction.

Meeting 19: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd October, 2010 for villages of Mparangase held at Kyabagambire sub-county. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for affected property “as is” after valuation? A: Yes. Q: How does government compensate the deceased? A: The family has to get heir or a relative approved by the Administrator General to receive payment on behalf of the deceased.

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On Project Q: Should the community stop cultivating crops in the 15m road reserve after survey and valuation of property has been done? A: This can continue but at own risk that since these will not be captured in the valuation records, no compensation will be provided. Q: After surveying property, can the affected person salvage their materials and build elsewhere? A: Yes Q: Why do district have different compensation rates? A: It is the government policy for each district to have its own compensation rates set by District Land Board.

Meeting 20: Community meeting Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd October, 2010 for villages of Kihiro, Katikara Kihambya, Kigugu held at Bulindi Church of Uganda C.O.U . Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government consider other factors like labour that one put in while building the house? A: Yes, compensation is based on market value and replacement cost. Q: Does government compensate project Affected Persons without a bank account? A: The Project Affected Persons is required to get a bank account before compensation is done. Q: Does government consider recent market prices during compensation? A: Yes On project Q: If one has avocadoes within the road reserve should they be removed before construction commences? A: Yes. Q: If one of the project Affected Persons don’t have any identity card, how can their proper names be got? Q: The project Affected Persons is required to get an identity card from the LCs for future use.

Meeting 21: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd October, 2010 for villages of Kibaire held at Kibaire Trading center. Present: Seryazi Lamek Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for land without any buildings on it? A: Yes. Q: During road construction, there may be buildings affected yet they were not among those eligible for valuation and Compensation. Will government also consider them? A: Yes, government considers such incidental damage as eligible for compensation via a grievance process.

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MASINDI DISTRICT

Meeting 22: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages, Masindi District Headquarters. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Murram . Borrow pits should be restored to original state after excavation and this should be a responsibility of the contractor. . Contractors should not camp near schools. . The community should be sensitized about negative consequences of proposed development such as potential for spread of HIV/AIDS and other sexually transmitted diseases. . People with disabilities and women should be given opportunity to work on the roads.

On Compensation Q: Won’t government undervalue our property? A: No.

Meeting 23: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages Kasaliza, Bulima, Kisoga at Bulima Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Project Q: Will government get the 30m road reserve from one side of the road? A: No, 15m will be got from either side of the centreline making it the total of 30m.

On Compensation Q: Won’t government undervalue our property during compensation? A: No, government uses compensation prices developed by respective district local governments and these reflect prevailing local market conditions.

Meeting 24:Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages of Busoma ,Kyamukudumi at Bwijanga trading center (Masindi District) Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

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On Compensation Q: How does government compensate the deceased? A: The family has to get a relative approved by the Administrator General to be paid on the deceased’s behalf. Q: Does government compensate for land without any property? A: Yes. Q: If the project affected person has materials for building on the piece of land does government compensate for them? A: No. Q: Does government compensate for natural trees? A: Yes. Q: Does government compensate for a house without an approved plan? A: Yes. Q: If water mains are damaged during road construction, will government compensate this? A: It will be a duty of the contractor to ensure that no utilities are damaged during road works and if they are, they would pay for their restoration.

On Project Q: Why are some houses marked during survey? A: This is for the knowledge of contractors during road construction.

Meeting 25: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages of Muuro at Muuro Trading center Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

On Compensation Q: Most people along the road are renting and owners of affected property may not be ones actuallyliving in affected buildings. How will government handle this? A: Through local leaders, information can be got but during compensation they are required to attend in person. Q: Does government consider recent market prices during compensation? A: Yes. Q: How does government compensate for land that has conflicts? A: Property is valued but payment is not done until conflicts are resolved. Q:If one has perennial crops and hopes to gain from them over a period of time, how will government compensate this? A: Existing Uganda compensation laws do not provide for income restoration- payments are made for property “as is” but resettlement guidelines of multilateral funding agencies provide for income restoration.

On Project Q: Is it mandatory for the projected affected person to get an identity card? A: Yes, identification documents are necessary.

Meeting 26: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages of Katuugo at Katuugo Trading center Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

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On Compensation Q:If one has perennial crops and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for income restoration- payments are made for property “as is”. Q: Who determines the prices for our crops? A: It is the Land Board of that particular district. On Project Q: When are the surveyors coming? A: They are already working. Q: Will the road follow existing alignment? A: Yes, except for the few areas.

On injurious Impacts Q: During road construction, there may be buildings affectedyet they were not among those eligible for valuation andCompensation. Will government also consider them? A: Yes, Government considers such incidental damage as eligible for compensation via a grievance process.

Meeting 27: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages of Kikayika held at Ikoba center Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

On Compensation Q: Will compensation be done before actual construction commences? A: Yes. Q: How will government compensate the deceased? A: The family has to get a relative approved by the district administration to be paid on behalf of the rest. Q: Are contractors also sensitized on how to conduct themselves in the community? A: Yes the contractor will be required to have orientation programs for workers.

Meeting 28: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th October, 2010 for villages of Bikonzi I, II and Kiina at Bikonzi Trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Employment Q: How much will localcommunity benefit in terms of employment? A: The road contractor will hire local labour for casual jobs. On Compensation Q: Does government consider current market prices during compensation? A: Yes. Q: WillProject Affected Persons get a chance to viewvalue for their property before the actual compensation? A: Yes. Q: If property for the sub-county is destroyed whom does government compensate? A: Government compensates the local government. Q: Incase a school’s football pitch is affected does government compensate for it? A: Yes.

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Meeting 29: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th October, 2010 for villages of Kisomabutuzi, Rwabutuni, Kikaranga at Rukondwa Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: If one’s land has both cassava and maize on it. How does the government compensate? A: Government compensates both the land and crops. Cassava and maize compensated because it is an annual crop and it is given time to be harvested. On Employment Q: Will locals be able to get some casual labor during the road construction? A: Yes, the contractors will hire local labor for casual jobs On Project Q: When are surveyors coming? A: They are already working. Q: Should people living near the road stop building? A: No, people should continue with their development activities unless the surveyors identify their developments as“affected property”.

Meeting 30: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th October, 2010 for villages of Katasenywa, at Katasenywa Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate a PAP without any identity card? A: No, one is required to get one before the actual compensation. Q: Does the government compensate for young perennial crops? A: Yes. Q: Is land without any property compensated? A: Yes. On Employment Q: Will there be some employment for the locals? A: Yes, contractors will hire the locals for casual jobs. On Project Q: How many meters does the government want as road reserve? A: 15 meters from both sides of the road. Q: In case one has murram outside the road reserve, does the contractor pay for it? A: In case this murram is good for the road construction, the contractor will pay for it.

Meeting 31: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th October, 2010 for villages of Kihande I and II at Kiyembe Trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for posters? A: No. Q: Is titled and customary land compensated the same way? A: No. Q: During road construction, there may be buildings affected yet they were not among those eligible for valuation and Compensation. Will government also consider them? A: Yes, Government considers such incidental damage as eligible for compensation via a grievance process.

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On Project Q: If water mains get and electricity poles get damaged during road construction, will government compensate this? A: It will be the duty of the contractor to ensure that no utilities are damaged during road works and if they are, they would pay for their restoration. Q: Who is responsible for any grievances during construction? A: The RAP will develop grievance management procedures to be utilised during RAP implementation.

MASINDI-KIGUMBA

Meeting 32: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd November, 2010 for villages Kitamanya, Kyema, Katama, Kasalabwire at Kitamanya Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: How will the elderly people be able to access their compensation money? A: Governments will run announcements in local media to notify people about how to access their compensation. Q: How does government compensate for graves? A: Every district has compensation rates for graves but they have different compensation rates according to types of the grave. Q: Does government compensate for wild trees? A: Yes. Q: How does government compensate the deceased? A: The family has to get a relative approved by the district administration to be paid on behalf of the rest. Q: Is it possible for the Project Affected Person to salvage their materials for the house after compensation? A: Yes.

Meeting 33: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd November, 2010 for villages Kisanja-Kichope, Nyaisimire, Kisanja-Kidebede at Kisanja Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Who determines the prices for crops? A: District Land board for every district determines the prices.

On Project Q: Does government sensitize contractors, on issues regarding HIV/AIDS? A: Yes

Meeting 34: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd November, 2010 for villages Walyoba, Kyedikyo and Walyoba C.O.U Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE)

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Issues raised: On Compensation During construction, the contractors should not block access to peoples’ homes, schools and health centers.

Q: Does government compensate for a house without a plan? Yes. Q: Should a PAP continue building their house even when it is affected? A: No On Land Q: Can the PAP whose land is taken and there is a small remaining piece of land use it for other developments? A: Yes.

On Project Government should be aware that there are people who steal fuel from project vehicles during road construction.

Meeting 35: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 3rd November, 2010 for villages Pakanyi, Kasomoro, Kitooka at Pakanyi sub-county Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for utilities that are found in the affected house? A: Yes. Q: Is it mandatory for PAP to acquire IDs before their compensation? A: Yes. Q: Does government compensate for land where the affected house is located? A: Yes. Q: Won’t government undervalue property for the PAPs? A: No, government ensures that the PAPs get compensation that is sufficient for them.

Meeting 36: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd November, 2010 for villages Nyakantorogo, Kasindizi I and Kasindizi II at Kasindizi trading center Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for land without any property? A: Yes. On project Q: Is the road following the existing alignment? A: Yes to the extent possible.

Meeting 37: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd November, 2010 for villages Nyambindo held at Nyambindo trading center Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

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On Compensation Q: Does government compensate for land without any property? A: Yes. Q: Does government compensate for land without a title? A: Yes. Q: Does the government compensate the wife if the husband is dead? A: Compensation will be collected by the heir or a person approved by the Administrator General.

Meeting 38: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 4th November, 2010 for village of Kyatiri, Kiboijangoro II and Kyambogo at Kyatiri trading center Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate only for the affected house and not land? A: Government will compensate both the house and land. Q: If a PAP’s house is used for rent to earn an income. How does the government compensate these people? A: The RAP will provide for income restoration. Q: Is it allowed for PAPs to salvage their materials for the house after compensation? A: Yes. Q: Will government compensate PAPs before actual road construction commences? A: Yes Q: Does government compensate for land without any property? A: Yes. On Project Q: How will valuers be able to identify earth graves? A: With help of local leaders. On Land Q: After taking off the required road reserve, Can the PAP utilize the remaining land if it is enough for development. A: Yes

Meeting 39: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 4th November, 2010 for village of Nyakabale LC I and Kikooba at Nyakabale trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for houses that are damaged during road construction? A: Yes. Q: During compensation of pine, does government consider expenses one incurred when growing such trees? A: District compensation rates are assumed to consider all these factors.

On Public utilities Q: Does government reinstate public utilities e.g. Bore holes that are damaged by road construction activities? A: Yes, when such utilities are removed, it is the duty of the project to construct another one elsewhere.

Meeting 40: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 4th November, 2010 for village of Lwebigaragara, Buhomozi held at Kizibu trading center

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Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Project Q: Will the contractors be sensitized too on issues regarding HIV/AIDS? A: Yes it the duty of the government to caution their workers on how to conduct themselves in communities where they will work. Q: If one plans to construct a house in the trading center should they wait until the surveyors have identified where the road were will pass? A: After surveying the road that is when the people living near the road will know who will be affected. Q: If one has land in the corner of an existing road. Should they stop developing that land? A: After survey that is when all the project affected persons will be identified.

Meeting 41: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 4th November, 2010 for village of Kididima, Kaduku Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for land without any property? A: Yes. Q: Why doesn’t government compensate for annual crops? A: Annual crops are given ample time to be harvested before the actual road construction commences. Q:If a PAP has perennial crops and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for income restoration- payments are made for property “as is”. However RAP guidelines of multilateral funding agencies provide for income restoration.

HOIMA DISTRICT –KIBAALE DISTRICT

Meeting 42: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th November, 2010 for village of Buhimba Town, Buhimba East, West and Central held at Buhimba sub-county. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: If a house is affected and the remaining land is too small to have any activity there. How does government compensate such a person? A: Government compensates this person the whole amount and they relocate elsewhere. Q: Does government compensate a house that is damaged during road construction? A: Yes. On Project Q: Is there a fixed price for materials like murram? A: It is the district office that sets these prices.

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Meeting 43: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th November, 2010 for village of Kikoboza LCI held at Kikooboza Primary school. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: How are PAPs valued in their absence? A: Llocal leaders will move with the surveyors and valuers such that they can get correct identification of PAPs. Q: Does the contractor compensate for road diversions? A: No, contractors don’t pay for that land because it is restored after use but any property that is destroyed on that piece of land is compensated. Q: Does contractor pay for murram outside the road reserve? A: Yes. Q: Is titled land compensated the same way as customary land? A: No. Q: Will the tarmac road follow the existing alignment? A: In most areas the tarmac road will follow the existing alignment.

Meeting 44: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th November, 2010 for village of Kyakuza, Kibalarwe held at Mairirwe trading center. Present: Seryazi Lamek, Sociologist Faith .Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Will compensation be done only at sub-counties? A: No, government can get other convenient central places. On Injurious impacts Q: During road construction, there are some residential houses that are affected yet they were not among those eligible for valuation and compensation. Will government also consider them? A: Yes, injurious damage will be compensated.

Meeting 45: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th November, 2010 for village of Kikuube at Kikuube primary school. Present: Seryazi Lamek, Sociologist Faith .Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Will government compensate for religious buildings like churches? A: Yes. Q: Does government compensate for property that is destroyed during road construction? A: Yes. Q: How does government compensate a PAP who is processing a land title? A: Yes as long as there is proof of ownership. Q: How does government compensate a PAP who has land with conflict? A: Conflicts have to be resolved before the compensation is done. On project Q: Can’t the government reduce the proposed 15m reserve from either side? A: No, that is the government policy.

Meeting 46: Community meetings Purpose of meeting: To obtain their views on the proposed project.

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Date held & place: 7th November, 2010 for village of Kizirafumbi, Rujunju, Kichundu, Butyamba at Kizirafumbi sub-county. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Employment Q: Will community be involved in providingemployment for road construction? A: Yes, contractors will hire local labour for casual jobs. On project Q: Can’t the government reduce the proposed 15m reserve from either side? A: That is a standard for this size of road. On Compensation Q: Does government compensate a house without a plan? A: Yes. Q: If land is affected 99% and the remaining is not enough to build another house or perform any activities there. Does government compensate the whole area? A: Yes, government compensates the whole area and the affected person relocates elsewhere. Q: Why does the district determine compensation prices? A: It is government policy for District Land Boards to set compensation rates.

Meeting 47: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th November, 2010 for village of Munteme, Kinywabeho, Kigozi at Munteme Trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Employment On project Q: When is the project likely to start? A: Usually depends on the government schedule. On Injurious impacts Q: During road construction, there are some residential houses that are affected yet they were not among those eligible for valuation and compensation. Will government also consider them? A: Yes, injurious damage will be compensated. On income restoration Q: If one has eucalyptus trees and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for Income restoration- payments are made for property “as is” but income restoration has been provided in the RAP budget as required by multilateral funding agencies.

Meeting 48: community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 8th November, 2010 for village of Kaigo, Kyamugoba, Kisambyaat Kaigo Trading Center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: If the 15m road reserve falls on the house verandah does government remove the whole building? A: No. Q: Does government compensate for kiosks? A: Government does not compensate for any movable property.

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On Project Q: Will government sensitize contractors too on how to conduct themselves in the communities where they will work? A: Yes.

During road construction, we request the government to put sign posts for the elderly and the school-going children to avoid accidents.

Meeting 49: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 8th November, 2010 for village of Nyakabale, Kitore at Buboga trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for building materials that are in the road reserve? A: No, the PAP will be asked to take remove materials. Q: During compensation does government consider labor used to salvage materials for the affected household? A: No, material salvage will be done at own cost. Q: How much will the PAP know what will be compensated? A: Prices for crops and temporary structures are determined by the district Land Board. During the disclosure period after the assessment, the PAP can go to the district and find out how much will be compensated. On Project Q: Will the PAPs be valued in the absence? A: Yes, under witness bylocal leaders PAPs can be identified and their property surveyed and valued even when they are absent.

Meeting 50: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 8th November, 2010 for village of Kasindi, Kabaganda,Kikonda I and II at Kabwoya Trading Center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Who will paycharges levied bybanks when PAPs open accounts? A: The project should pay these costs

Q: How does the government compensate PAPs who happen to be having conflicts with their property? A: Conflicts have to be resolved first before compensation is done. Q: If a school, church or mosque is affected. Who does the government compensate? A: It is the owners or governing authorities that are compensated.

Meeting 51: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 8th November, 2010 for village of Kitooke at Kitooke trading center. Present: Seryazi .Lamek, Sociologist Faith .Mugerwa, Sociologist (AWE) Issues raised:

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On Compensation Q: How does government compensate the deceased? A: The family has to get a relative approved by the district administration to be paid on behalf of the rest. Q: How will the vulnerable PAPs be able to access their money from banksuopn compensation? A: Local leaders and next of kin can help such people. On Project Q: How will the community be able to identify the contractors and those who have come with criminal-intentions? A: The contractors move with identity cards to identify themselves.

Meeting 52: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 8th November, 2010 for village of Kitaganya at Kitaganya trading center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On income restoration Q: If one has perennial crops and they hope to gain from them over a period of time, how does government compensate? A: Existing Uganda compensation laws do not provide for Income restoration- payments are made for property “as is”. However this RAP has provided for income restoration as required by multilateral funding agencies. On Project Q: Does the contractor pay for property lost where the road diverts? A: No, since this land will revert to the owner. On Compensation Q: How does government compensate the deceased? A: The family has to get a relative approved by the Administrator General to receive compensation payment.

Meeting 54: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 10th November, 2010 for village of Kibego, Gayaza A & B, Kinyambire held at Gayaza Trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: If the woman of the affected property was abandoned by her husband. How is this family compensated? A: With the help of the local leaders the rightful person can be identified and compensated on behalf of the family. Q: Does government compensate for a house without a plan? A: Yes. Q: Who determines the prices for the materials of the affected house? A: The valuers determine these prices. Q: Does government compensate for land without any property? A: Yes.

Meeting 55: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 10th November, 2010 for village of Mabaale held at Mabaale sub-county Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised:

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On Project Q: Should one stop building a house near the road because it might be affected? A: It will be only when the surveyors and the valuers identify what will be affected that one will be sure. On Compensation Q: Does government compensate for land without any property? A: Yes. Q: Why the districts Land Board determine compensation rates? A: That is a government policy for districts to determine the market prices. Does government compensate before the actual road construction? A: Yes. On Injurious Impact Q: During road construction, there are some buildings affected they were not among those eligible for valuation and compensation. Will government also consider them? A: Yes, injurious damage will be compensated. Q: How does government compensate for land whose title is not processed? A: The title has to be fully processed before compensation is done.

Meeting 56: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 11th November, 2010 for village of Kitemuzi East, West Kamuyange, Dida and Dida B held at Kitemuzi Trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Will government need more than one identity card? A: No, government needs just one identity card for proper names and identification. Q: How does government compensate squatters and the land owners? A: Government will compensate both the land owner and squatters. How does government compensate a squatter who has perennial crops on titled land? A: Government compensates squatters for the crops and the land owner for their land. Q: Does government compensate for annual crops that are given less than three months for harvesting? Yes.

Meeting 57: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 11th November, 2010 for village of Kaitemba, Kinogora ,Bihanga at Kaitemba trading center Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Compensation Q: Does government compensate for a house without a plan? A: Yes. Q: Does government compensate for stones that lie within the affected area? A: Only when the stone is of significant importance. Q: Is it possible for a friend or relative to obtain an account for the affected person in their absence? A: No. On Project Q: Does government sensitize the contractors on issues to do with AIDS and the on how to conduct themselves in areas where they will work? Yes, it is the duty of the government to do so.

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Meeting 58: Community meetings Purpose of meeting: To obtain their views on the proposed project. Date held & place: 11th November, 2010 for village of Mugalike, Kyangamwoyo, Nyambuzi at Mugalike trading center. Present: Seryazi .Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On compensation Q: Does government compensate for both the land owner and the kibanja owner? A: Yes. On income restoration Q: If one has trees for example mango trees and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for Income restoration, payments are made for property “as is”.

Meeting 59: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 11th November, 2010 for village of Kyenzige A & B held at Kyenzige Trading Center. Present: Seryazi Lamek, Sociologist Faith Mugerwa, Sociologist (AWE) Issues raised: On Project Q: Does the government allow the PAP to relocate to another piece of land if there is enough land for development? A: Yes. On Compensation Q: Does government compensate for land without any property? A: Yes.

On Injurious Impact Q: Does government compensate a house that is destroyed during road construction? A: Yes. On income restoration Q: If one has trees for example mango trees and they hope to gain from them over a period of time, how will government compensate? A: Existing Uganda compensation laws do not provide for Income restoration- payments are made for property “as is”.

Meeting 60: National forestry Authority (NFA) Purpose of meeting: To obtain their views on the proposed project. Date held & place 9th August, 2012 held at National Forestry Authority headquarters Present: Rukundo Tom , EIA & Research Specialist (NFA) Faith Mugerwa, Sociologist (AWE) Ritah Nabaggala, Environmental consultant (AWE) On Forests  Apart from Kagombe CFR which is found on the northern bank of R. Muzizi there could be other forest reserves that are existent along the project road.  A good road will ease operations of patrolling and management of forests by NFA officers along the project road.  There are also negative effects that will come along with the upgrading of the road for example people who carry out illegal activities charcoal burning and timber will find it easier to enter into the forests.  There would be increase of farmers reclaiming forest land for farming activities.

Meeting 61: with Uganda Aids commission (UAC) Purpose of meeting: To obtain their views on the proposed project. Date held & place: 9th August, 2012 held at Uganda Aids Commission headquarters (Kampala District). Present: Tigawalana David, Research Specialist (UAC)

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Faith Mugerwa, Sociologist (AWE) Ritah Nabaggala, Environmental consultant (AWE) Issues raised On Contractors  Contractors are mobile people and when they are in an area they increase economic activities for example increasing in trade within the project area because they will be buying commodities from the communities.  Contractors are always young, energetic and sexually active and this leads to transaction of sex and hence prostitution and increased HIV/ AIDS and other sexually related diseases. Recommendations  Contractor’s camps should have clear rules and guidelines that will be given to the workers in order to guide them on how they should behave in the communities. The workers should also be sensitized on how to use condoms and provide them if possible.  It is a governmental principle for contractors to mainstream HIV/AIDS activities among their activities. It is recommended that they should set up an HIV/AIDS policy. The contractors should also have a focal person to create a good relationship between the contractor and the communities.  The road contractor should coordinate with local HIV/AIDS organisation to sensitisation about HIV/AIDS in the worker’s camp

Meeting 62: National Environment Authority (NEMA) Purpose of the meeting To obtain their views on the proposed project. Date held & place: 9th August, 2012 held at National Environment Authority offices. Present: Naomi Obbo Odongo, Environment Impact Assessment Officer (NEMA) Faith Mugerwa, Sociologist (AWE) Ritah Nabaggala, Environmental consultant (AWE) Issues raised On project  Q: Have you identified areas for the contractor’s camp?  A: UNRA to identify.  NEMA will need a project brief for the contractor’s camp to be approved before project implementation.  UNRA should also develop an independent project brief for the area from where the murram will be obtained.  Borrow pits should be properly restored  The consultant should obtain the GPS coordinates for the water abstraction points that will be used during construction and the likely impacts it will cause to the community using the same water source.  The road contractor should provide measures to control siltation of wetlands along the road during construction.  The consultant should provide maps and GPS coordinates for the rivers, wetlands bridges and culverts along the project road.  Consultant should include the EHS management plan and the contracture agreements from UNRA in the appendix of the report.  NEMA as the lead agency will carry out the project monitoring with UNRA and the contractor. On waste  Hazardous wastes should be managed properly to avoid oil spillage and other related impacts on the soil and ground water. On Community  The contractor should identify trading centres along the project road and sensitise the people about road safety and impacts associated with a new road.  The road contractor should sensitise the community and road workers about HIV/AIDS.

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Meeting 63: Uganda wildlife Authority (UWA) Purpose of the meeting To obtain their views on the proposed project Date held & place: 9th August, 2012 held at National Environment Authority offices Present John Makobo, Director Conservation (UWA) Charles Tumwesigye, Ag. Chief Conservation Area Manager (UWA) Pamela Tashobya, sociologist (AWE) Mugerwa Faith, sociologist (AWE) Ritah Nabaggala, Environmental Consultant (AWE) On road project  UWA officers suggested that long the road there should be some corners and also humps to reduce on the speed.  Road signs are always stolen by the local people for steel production, we suggest the contractor to provide monitoring to control theft of road signs.  The construction of the road will stimulate economic growth in the project area.

On wildlife  UWA officers clarified that there is no wildlife conservation areas along the project road however; the chimpanzees noted in Kabwoya might be from the nearby CFR. They requested for warning signs to identify animals and wildlife crossing areas to minimise the possible road kills.

On Tourists  With the development of the project road it will ease and also increase the number of tourists travelling from Murchison Falls national park to Queen Elizabeth National park in Kasese.

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Annex 3: Social Survey Questionnaire

Kyenjojo – Hoima – Masindi-Kigumba Road RAP, 2010

AFFECTED HOUSEHOLDS: SOCIO-ECONOMIC SURVEY FORM

Name of interviewer: ______Date of interview: ____/______/2010____ Village: ______

Section 1: FAMILY INFORMATION

LO ______Tenant ______Licensee ______Co-owner ______(Tick appropriate response) Household Head______(Surname, First Name)

Photo Ref/House Number ______Sex: ______

Date/Year of Birth: ______Age: ______(exact/appropriate)

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

Are your parents alive? Yes/No If alive, which? ______

Where do/did your parents live? ______

Identity-card/Graduated Tax/Other ID ______Presented? Yes/No ID No ______

Name on ID ______Address on ID ______

Marital status (tick appropriate response): Single Married (No. of spouses): __ Divorced Widowed

Tribe/Clan: ______Village: ______Main occupation of head of household: ______Where do you work? ______

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Other working persons in household: Yes Any other working person in household?: No Main occupation: ______Where do you work? ______Religion: Catholic Protestant Muslim Other______

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

HOUSEHOLD MEMBERS:

Household Member Full Name Year of Birth Residing on Literacy Level*/education [see Affected Land footprint below] (Yes/No) Spouse(s)

Children (Age 18+)

Children (Below 18)

Other Dependents

* Use these codes for literacy levels: 1. Illiterate 2. Can read and write 3: Completed Primary Education 4: Completed Secondary Education 5: Completed University Education AWE Engineers www.awe-engineers.com

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SECTION 2: HOUSEHOLD LAND HOLDINGS AND ASSETS

Agricultural Plots (Note: Land size and type and crop in valuation report)

Location Surface Status of Occupation Agricultural Use (Crops Affected (Village) (Acres) (Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant typically grown) (Yes/No) “COT”/Licensee “L”) O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N

Residential Plots

Location Surface Status of Occupation Structures on Affected (Village) (Acres) (Owner “O”/Co-owner “CO”/Tenant “T”/Co-tenant Plot (Yes/No) “COT”/Licensee “L”) O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N O CO T COT L Y N

Structures (Note: details of structures are in the valuation report)

Location Construction materials Status of Occupation (Owner Condition Affected (Village) (Permanent “P”)/ Non- “O”/Co-owner “CO”/Tenant “T”/Co-tenant (Yes/No) Permanent “NP”) “COT”/Licensee “L”) P NP O CO T COT L Y N P NP O CO T COT L Y N P NP O CO T COT L Y N P NP O CO T COT L Y N P NP O CO T COT L Y N

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SECTION 3: LIVELIHOOD IN AFFECTED HOUSEHOLDS

Item Description Cash for year In kind* 2009 e.g. Cow/Labor/Grain (Ug Shillings) Income from household enterprises (Note: Together with a PAP, you can make calculations from a person’s description of sold goods ) Crop farming Other agricultural income (e.g. livestock, poultry) . Cattle . Pigs . Goats . Chicken . Other Non-agricultural income Property income Rent received from rented property (land, housing) Benefits Family allowances/social security benefits Remittances and assistance received from others Other (inheritance, alimony, scholarships, etc) Employment Formal employment income

. Fishing . Trading . Cultivation . Transport . Education . Leadership/administration . Other

Temporal status of employment

. Fishing . Trading . Cultivation . Transport . Education . Leadership/administration . Other

TOTAL ______

* Information about incomes:

Is all household income in cash or some barter for commodities or services done?

Do you have a bank account? Yes/No If yes, where? (e.g. bank name, location, distance): ______

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SECTION 4: HEALTH & VULNERABILITY

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

If YES: Type of disability/illness:______Type of care required: ______

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

Births: ______Deaths: ______Cause: ______

Has a child under age of 5 died in the household in last 3 years?, YES NO

If YES, Cause: ______

What are the 3 commonest diseases that affect the family? ______

How much do you spend on treating the above commonest diseases? :______What is the nearest health facility known to the family? :______

Is it actually used by the family? YES NO If NO, why not?______

Do you practice family planning? YES NO Have you heard of HIV/AIDS? YES NO

Do you know how HIV is contracted? YES NO (verify knowledge if correct response given)

Do you know how HIV is avoided? YES NO (verify knowledge if correct response given)

SECTION 5: WELFARE INDICATORS (Tick appropriate response) Does everyone in the household have atleast two sets of clothes? Yes No Does anyone in the household own a radio? Yes No Does anyone in the household own a mobile telephone? Yes No Does anyone in the household own a fixed telephone? Yes No Does the household own a bicycle? Yes No Does the household have any other transport vehicle other than a bicycle? Yes No If yes, what type of vehicle?______If someone in the household had a serious problem, is there anybody in this settlement that you could Yes No ask assistance from?

Where do you get drinking water from? (Tick appropriate response)

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. Communal borehole, . River . Lakeshore

Distance from residence ______metres

Do you fish: YES NO

If YES, where? ______How often?______

Do you hunt: YES NO

If YES, where? ______How often?______

What fuel do you use for lighting in the household?

Firewood Gas Charcoal Solar Kerosene Biogas Electricity Other

What fuel do you use for cooking in the household?:

Firewood Gas Charcoal Solar Kerosene Biogas Electricity Other

SECTION 6: EXPENDITURE PATTERNS

Rank the following items according to which you spend most money on per month (1= Most spent on; 7= least spent on)

Item Rank School fees Healthcare/medical expenses Food Clothing Transport Dependants Rent

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Annex 4: Lists of Vulnerable PAPs and required assistance

Removed and Not applicable

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Annex 5: Number of PAPs per road section

Road section Number of PAPs Kyenjojo-Hoima 6270 Hoima-Masindi 1549 Masindi-Kigumba 1186 Total number of PAPs 9005

A full list of these and other affected persons and their property is presented in the property valuation report.

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Annex 6: Radio announcements

RADIO ANNOUNCEMENT

THE EXECUTIVE DIRECTOR, UGANDA NATIONAL ROADS AUTHORITY (UNRA) – KAMPALA UPGRADING OF KYENJOJO – HOIMA – MASINDI – KIGUMBA ROAD TO BITUMEN STANDARDS

Environmental & Social Impact Assessment, Resettlement Action Plan, Valuation of Property and Cadastral Survey.

The Uganda National Roads Authority (UNRA), notifies project affected persons living within 15 metre width on either side, along KYENJOJO – HOIMA – MASINDI – KIGUMBA road, that the exercise of Valuation of Property, Social Impact Assessment and Cadastral Surveying is ongoing. The project affected persons are requested to stay at their homes as a team of RAP consultants and Valuers and Surveyors will be visiting them.

UNRA therefore notifies the affected persons that the Valuation of Property, Social Impact Assessment and Cadastral Surveying will be effected as detailed below.

Date: This exercise begins on 4th April 2010.

Project affected Persons in possession of land title deeds are requested to disclose and present a photocopy of their land titles to the consultants.

All LCs are requested to notify people living along the road to be available for the exercise and to accord necessary cooperation to the consultants.

The Executive Director, Uganda National Roads Authority (UNRA), P.O.Box 28487, Kampala. 1 May 2010

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Annex 7: PROJECT DISCLOSURE

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Annex 8: RAP MONITORING PLAN

MONITORING OF RAP

Monitoring to ensure that notices are served in a timely manner to allow property owners to vacate the right of way starts immediately after community sensitization and public awareness. Monitoring is supposed to ensure that all property owners are compensated followed by removal of all structures from the ROW before construction starts. Ensure that all infrastructural services are removed from the ROW, ensure that no new encroachments are developing in some other areas from the existing ones, ensure that all grievances are resolved amicably and immediately when they arise.

To achieve the above, monitoring plans shall be developed to cater for all three phases of the project including:

Phase 1 - Monitoring before construction Phase 2 – Monitoring during construction Phase 3 – Monitoring after highway rehabilitation and possibly extended to the entire operation phase of the highway based on the design period.

Monitoring before and during construction shall be set at regular known short time intervals such as weekly/fortnightly or monthly to be able to have baseline information important for the operation phase. Beyond short periods, limited to a month, some developments in the right of way can out-pace the monitoring speed.

Monitoring strategy particularly during the years of design can be varied based on the experience harnessed from construction phase and the first few years of project operation. Overall, monitoring can be carried out as per the table below

RAP MONITORING PLAN

Impact/Issue to be Monitoring Activity Monitoring Responsibility monitored Frequency Before Construction Works Constructions in ROW Check complete Daily/Weekly after UNRA/ Lands Office (Compensated followed compensation and ensure sensitization by removal). removal of structures Cultivation in the ROW Check complete Daily/Weekly after UNRA/ Lands Office (Removal) harvesting and no fresh sensitization cultivation of crops in the ROW Infrastructures in the ROW Check compensation to Daily/Weekly after UNRA/ Authorities utilities company sensitization responsible for services complete removal of services the infrastructures involved Community Grievances Check if any grievances Daily/Weekly after UNRA/ Community Liaison are submitted. sensitization Officer During Construction Works New Constructions in the Physical Inspection Monthly UNRA/ Lands Office ROW along the ROW

New Cultivation in the Physical Inspection along the Monthly UNRA/ Lands Office

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Impact/Issue to be Monitoring Activity Monitoring Responsibility monitored Frequency ROW ROW New Infrastructures in Physical Inspection along the Monthly UNRA/ Lands Office the ROW ROW ROW markers Check if they are installed in Monthly during construction UNRA/ Surveyor all places. During operation New constructions in the ROW Check if any new construction Monthly UNRA in the ROW New cultivation in the ROW Check if any cultivation in the Monthly UNRA ROW New infrastructural services in Check if services at Monthly UNRA the ROW developed into the ROW ROW of Markers are in place not Check and replace markers Once per year UNRA destroyed destroyed Community Sensitization Sensitise community on limits Once every six UNRA of ROW months Clearing the bush Organise clearing to Once every six UNRA safeguard the ROW months

REPORTING ARRANGEMENTS a) Monthly progress reports

As part of monitoring, monthly progress reports should be prepared to have content below:

i) General process followed during implementation ii) Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation iii) Key issues discussed and those that emerged from the meetings; iv) Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned); v) Number of people resettled or provided with new business premises (whatever is applicable); vi) Number of complaints:

. Total received; total justified; total non-justified. This should include 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 UNRA) the referral and the subject matter.

vii) Performance/evaluation indicators:

Suggested performance/evaluation indicators should include:

. Total nature and level of all complaints received, resolved; . Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan; . Completion of demolition of structures (if any) or crops/trees in the project area within 3 months after the notice to demolish;

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. Revival of affected businesses /farming activities within 4 months after the compensation payment; . Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly. b) RAP Implementation Completion Report

This report should be prepared and submitted to UNRA after the end of compensation payment/contract period, whichever comes first. The RAP implementation report should include (but not be limited to) the following information:

. Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget. . Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided . Complains status . Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production. . Total sum disbursed . Total number of land titles received . Total number of land titles expropriated . Lessons learned from the RAP implementation

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