2222222222 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 P a g e |i 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) P a g e |ii 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. P a g e |iii 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