Uganda National Roads Republic of Uganda Authority CONSULTANCY SERVICES FOR FEASIBILITY STUDY, DETAILED ENGINEERING DESIGN, TENDER ASSISTANCE AND PROJECT MANAGEMENT FOR UPGRADING MBALE - BUBULO - LWAKHAKHA ROAD (44.67 KM) TO BITUMINOUS STANDARD Resettlement Action Plan Updated Draft Final Report December 2013 Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013 Updated by: Jovah Ndyabarema, Tom Omuut & Moses Dakasi -------------------------------------------------------------------------- Checked by: Eng. Daka Michael /Project Manager: 1. The Baseline Study Team Name Position Eng Ojuka Emmanuel Tom Land acquisition Specialist Joseph Omino Sociologist 1 Moses Dakasi Sociologist 2 Kenneth Twinomujuni Valuation Surveyor 3. Land Survey and Valuation Assessment Team Name Position Eng Ojuka Emmanuel Tom Land Acquisition Specialist Joseph Muhumuza Senior Valuation Surveyor Isaac Ovoya Valuation Surveyor Moses Kasule Valuation Surveyor Charles Kibirango Kyobe Senior Land Surveyor Evans Mpanga Land Surveyor Swaibu Bukenya Land Surveyor In Association with ii Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013 EXECUTIVE SUMMARY 1. INTRODUCTION UNRA’s Mission is “to develop and maintain a national road network that is responsive to the economic development needs of Uganda, to the safety of all road users, and to the environmental sustainability of national roads corridors”. In line with this, the Government of Uganda (GoU) through Uganda National Roads Authority (UNRA) is seeking funding from the African Development Bank (AfDB) to finance the upgrading of Mbale (Bumbobi) - Bubulo – Lwakhakha road to bituminous standards (44.67 km). According to AfDB environmental screening guidelines, projects involving major upgrading and rehabilitation and affecting more than 200 persons are classified as “Category 1” and hence require an ESIA to be done and a full Resettlement Action Plan (RAP) as per the AfDB’s Involuntary Resettlement Policy (2003). The Bank’s Policy requires, therefore, that any persons affected by the project should be compensated and also assisted with relocation. The Land Act CAP 227 (and as highlighted in UNRA Land Acquisition Management System), provides for compensation of any person affected by the project and emphasizes adequate, fair and prompt compensation by the developer of the occupier or owner of land. 3113 persons will be affected either through loss of land, structures, crops and any other assets. This Resettlement Action Plan (RAP) summary covers; project description and justification, potential impacts, organizational responsibilities, community participation, socio-economic assessment, legal and institutional framework, valuation and compensation for loses, implementation schedule costs and budget, and monitoring and evaluation. 2. PROJECT DESCRIPTION The project area is located in Mbale and Manafwa districts (see figure 2-1). The Mbale – Lwakhakha road starts at Bumbobi and goes through Bubulo - Busumbu up to Lwakhakha on the Uganda - Kenya Border in Manafwa District providing an international route to Kenya (figure 2-2). It branches off from Bumbobi, outside Mbale Municipality, on the Tororo-Mbale Highway proceeding through Bungokho and Bushiende sub-counties in Mbale District (12.1 km), crossing rivers Manafwa and Namuhoma with a few marshlands. In Manafwa District the road (32.6 km) crosses Manafwa, Khabutoola, Bugobero, Butiru, Bubuto and Bumwoni sub- counties as well as Manafwa Town Council, the seat of Manafwa District, Butiru Township up to Lwakhakha Town Council. This road traverses hilly terrain with nine trading centres as shown in Table 2-1. Table 2-1: Trading centres traversed by existing road Section in Mbale Section in Manafwa Nabumali Trading Centre Mayenze Trading Centre Bubulo Trading Centre Kufu Trading Centre Bugobero Trading Centre Butiru Trading Centre Bubutu Trading Centre Munamba Trading Centre Lwakhakha Trading Centre in association with iii Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013 Figure 2.1 and 2.2 are maps showing the location and the proposed road for upgrade. Figure 2-1: Map showing the location of Mbale and Manafwa Districts in association with iv Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013 Legend Project road Mbale - Tororo road National border Figure 2-2 Map showing Bumbobi - Lwakakha Road Presently the Road is a Class C unsealed road with an average carriageway width of 5.0 m and 1.2 m grassed shoulders each side. Side and mitre drains are heavily silted and /or heavily vegetated. The road will remain functional “Class C” with design class “Paved Class II.” The proposed road reserve will be set at 30 m width throughout the project road. This was reduced from the originally proposed 50 m corridor to mitigate against massive resettlement given the high population density and the mountainous terrain characteristic of the project area. This was reduced based on preliminary assessment by the RAP team and the design team as a measure to reduce on resettlement. The project will consist of upgrading of the existing gravel surfaced road to bituminous standards following design criteria below: . Road functional “Class C” – (Primary Road); Road design Class “Paved Class II” . Design speed – The design speed of 60 km/h was adopted for the mountainous terrain and 70 km/h for the rolling terrain. Built-up areas were designed to a 50 km/h design speed. (Table 2-2) in association with v Uganda National Road Authority Consultancy Services for Feasibility Study, Detailed Engineering Design, Tender Assistance and Project Management for Upgrading to Bituminous Standards: Lot E [Mbale - Bubulo - Lwakhakha Road (44.67 km)] Updated Draft Final RAP Report November 2013 Table 2-2: Sections with design speed of 50 km/h regulated by bumps and rumble strips Road section Chainage Design speed (km/h) Mayenze 12+500 to 13+300 50 Bugobero 21+800 to 25+900 50 Lwakhakha 43+200 to 44+682 50 The horizontal alignment adopted has been chosen to suit the topography and minimise overall cost, whilst the vertical alignment is very much governed by drainage and the need to raise embankments at low-lying areas or wetlands. This road provides a strategic link between Kenya and Uganda. It provides a route for exporting produce especially maize to Kenya and importing industrial raw materials manufactured goods in Uganda from Kenya. This route will also reduce the crowding of vehicles at Busia border post that wait for a long time to be cleared. This is because there is a connection from Nairobi to Busia by road through Bungoma to Lwakhakha especially for the vehicles proceeding to the East and Northern Uganda as well as South Sudan. There will also be positive impact on tourism as the road is a route for tourists through Kenya to the Ugandan side of Mount Elgon. 3. POTENTIAL IMPACTS Although upgrading of the gravel road to bitumen was planned to follow the existing alignment, there has been a number of re-alignments in the design at different locations. This will lead to impacts related to land loss, loss of residential (both permanent and semi-permanent) and commercial houses, community/social infrastructure, business units, shops, kiosks, hedges, strips of land, crops and trees (including fruit trees). Several structures will be affected especially in the different Trading Centres of Nabumali, Mayenze, Nabwima, Kubuyi 1 & 2, Bugobero, Namalogo, Bukofu, Butiru, Munamba 1, Sihana 1&2, Shikoye, Bukhomeli 1&2 and Lwakhakha Trading Centres as well as other places as detailed in the valuation report and the strip map. a) Impact on land affected by Project Affected land includes the road reserve which measures 15 meters on either side of the road centerline, areas where the contractor will locate workers’ camps, equipment yards, gravel borrow pits and quarries. A total of about 117.93Ha (291.41 acres) is expected to be affected by the roadwork. An estimated 45 Ha (111.2 acres) of land will be temporarily taken up for Camp Sites, Borrow Pits, Quarries, service roads and detours where productive assets, including land, income sources, and livelihoods may be lost. Some natural resources like River Manafwa may be contaminated especially with soil during construction. Other water sources like springs and water supply pipes at Lwakhakha town and Nabumali trading centre may cause contamination of water if pipes get damaged. Mitigation measures for this have been highlighted in the ESIA report. Most of the land affected is customarily owned but there are some cases of registered land under freehold or leasehold tenures. These will be compensated irrespective of their ownership. The in association with vi Uganda National