RP1 00 Volume 3 ROAD AGENCY FORMATION UNIT MINISTRY OF WORKS, HOUSING AND COMMUNIl ATIONS KAMPALA-GAYAZA-BUGEMA-ZIROBWE-WU BULENZI ROAD PACKAGEI: KAMAPALA-GAYAZA-BUGEl A-ZIROBWE ROAD RESETTLEMENT ACTION I'LAN PART A FINAL REPORT A IFOR!IVAtION UJNIT RAF U) .- Qr ~ - K ElVED, VOLUME 1 (from Km. 0+000 to Kr. 44+295) Prepared by PHOENIX ENGINEERING & RESEARCH LT) P 0 Box 28442 Plot 7, Summit View Road, Naguru - Kampala June, 2003 29th May 2003 ROAD SECTOR INSTITUTIONAL SUPPORT TEC' INICAL ASSISTANCE PROJECT (RSI STAP) RESETTLEMENT ACTION PLAN FINAL REPOR1' - PART A Package 1: Kampala-Zirobwe Road December 2002 Response to comments arisine from the Resettlement %ction plan The overall comments on the Kampala-Zirobwe road ha 'e been carefully attended to anc subsequently incorporated in the final report. Detailed comments. Section 4.3 Project impacts Page 24 On the project aff -cted properties has been done in the summary table form It should be noted that in the ,aluation report approved by the: Chief Government valuer, no distinction was made betw, ren the different structures. Section 6 Compensation systems Page 34 a summary table for details of compensation packages (entitlements) was nol done as suggested preferred. This was because of the nature of categorization of thi. valuation report having not differentiated structures -aid types of crops. However descriptive explanation is given in the text after the table K, section 7.2 Section 6.5 Inventory and registration Page 31 the two paragraphs have been rewritten and tl.e cut-off date ascertained as th., period of property inventory and census being Septembe 2002 Section 7.16 Budget The budget on page 41 has been modified and accordinl,ly detailed in a summary table a suggested. Section 8. Resettlement The anomalies have been corrected. Section 9 Monitoring It has been streamlined and unnecessary dire consequ nces like malnuirition, increase' morbidity deleted on page 43. Some suggested benchm irk indicators recommended hav been included. Kampala-Gayam-Zirobwe Road RAP RESETTLEMENT/LAND ACQUISITI ON ACTION P TABLE OF CONTEN- S TERMINOLOGY AND DEFINITIONS i KEY CONCEPTS OF RESETTLEMENT iv EXECUTIVE SUMMARY vi 1. INTRODUCTION I 1.1 Background 1 1.2 The Project Road 1 1. 2.1 Location of the Project Alignment 2 1.2.2 The Project Road 3 1.3 Objective of the Resettlement Action Plan 5 1.4 Approach and Methodology of Social Assess ment 6 1.5 Structure of Final Report 7 2. POLICY, LEGAL AND INSTITUTIONAL F lAMEWORK 8 2.1 Policy Basis 8 2.2 Institutional Responsibilities 8 2.3 Legal Framework, Laws and Regulations 9 2.4 Donor Safeguards Policies on Resettlement 9 2.5 Difference of Ugandan Laws and the World Bank Policy on resettlement li 2.6 Land Ownership 10 2.7 Public Consultation and Public Awareness 1] 2.8 Community Participation and Involvement of Local Councils I . 3. SOCIO-ECONOMIC BASELINE INFORMA.TION 1: 3.1 Demographic Information 1;! 3.1.1 Population 1 3.1.2 Demographic Structure 1. 3.1.3 Population Density I. 3.1.4 Urban and Rural Population IA 3.1.5 Social Organisationt 1 ' 3.1.6 Ethnic Groups l. 3.2 Land Tenure 1 3.2.1 Mailo Tenure 19 3.2.2 Freehold and Leasehold Tenures 1 3.2.3 Customary and Urban Land Tenure 1c 3.3 Livelihood of Communities along the aligni aent: 1i 3.3.1 Economic Activities and Standards of L ving I 3.3.2 Agriculture 1: 3.3.3 Anintal Resources 1: 3.4 Present State of Services and Infrastructur > 1: 3.4.1 Fuel Supply 1 3.4.2 Water Supply. 1D 3.4.3 Public Health 1 - 3.4.4 HIV/AIDS Control 10 3.4.5 Schools 1 1 3.5 Settlement Pattern Along the Road 2 L 4 PROJECT IMPACTS 12-Ju.-03 I Phoenix Kampala-Gayaza-Zirobwe Road RAP 4.1 Minimisation of Resettlement Impacts 22 4.2 Resettlement of PAPs 22 4.3 Sites Affected by the Project 23 4.4 Profile of Project Affected Persons 24 4.5 Cutting of economic valuable trees 24 4.6 Loss of agricultural production 24 4.7 Demolition of structures 25 5 COMMUNITY PARTICIPATION AND CONSULTATION 26 5.1 Stakeholders Analysis 26 5.2 Consultation Strategy 27 5.3 Consolidation of Monitoring and Evaluation Systems with Stakeholders 27 5.4 Involvement of CBOs 27 6 COMPENSATION SYSTEM 28 6.1 Inventory of impact of individual and comm unal properties 28 6.2 Criteria and Strategy for Compensation fos land, houses, crops and other property 28 6.3 Resettlement Options 28 6.4 Notification 29 6.5 Inventory and Registration of Affected Prol erties and Persons 29 6.6 Compensation Rates 31 6.7 Grievance Procedure and Redress. 31 6.8 Flexibility and Contingency Management 31. 6.9 Market Value Assessment 32 6.10 Right to Salvage Materials 32 6.11 Moving Arrangements 32; 7 IMPLEMENTATION OF RESETTLEMENI /COMPENSATION PLAN 34 7.1 Resettlement impacts and Mitigation measi res 31I 7.2 Major types of resettlement Impacts and mi :igation measures required 34 7.4 Individual houses 3! 7.5 Drinking water system 3 7.6 Environmental Management K 7.7 Payment procedures of compensation certil icate 3i 7.8 Entitlement Framework 31 7.9 Resettlement and Compensation 3, 7.10 Host Population 3 7.11 Infrastructure and Social Improvement 3'. 7.12 Participation of Chief Government Valuer n the Resettlement Activity 3:'; 7.13 Payment Procedure and Transparency 3'; 7.14 Implementation Responsibilities and Proce, lure 35 7.15 Time Schedule for Implementation of the S AP 411 7.16 Budget Costs for RAP Implementation 4; 8 MONITORING AND EVALUATION SYST] CM 4' 8.1 Monitoring Mitigation Measures 4;i 8.2 Indicators for Monitoring 41 8.3 Reporting Arrangements 4: 8.4 Programme for Monitoring and Evaluatios 4 8.4.1 Periodic Reporting 4 8.4.2 Review of Field Activities 4 8.4.3 Field Visits 4 8.5 Resettlement Implementation and End of I rogramme Evaluation 4 APPENDIX List of Participants in Community Consultations 12uJu.-03 I Phoenix Kampala-Cayma-Zirobwe Road RAP TERMINOLOGY AND DEF [NITIONS Community Based Organisations (CBOs): Small representative groups which normally voluntar- operate at the village and LCI level. Chief Government Valuer (CGV) The Chief Government Valuer is mandated on behal 'of Government to approve the value of property, land and the level of compensati n for all the aff.ccted persons along the route. Ministry of Works, Housing and Communications (MOWHC): Non-Governmental Organizations (NGOs): Entitled Persons (EPs): Entitled Persons are PAPs who either quality for or ire entitled to assistance and/or compensation as they will be relocated or otherwise . Lffected by the Project. EPs are deemed to include persons entitled to compensation under the legal framework of Uganda Law. Head of the Household: Head of the Household is defined as the eldest nember of core family in the household, for the purpose of the project. Household Unit: The Household Unit is defined as a group of per! ons, blood-related or not, who commonly live together and would take their food fr im a common kitchen unless the exigencies of work prevented any of them from doin Y so. Household Unit Size: An entitled household is treated as one unit. If a household loses a house, all members share in the compensation and assistance, although the compensation will be paid to the titleholder. It is up to the househ Id unit to distribute assistance amongst themselves. Lost assets: Lost assets will be valued at full replacement cost. Lost income opportunities: Lost income opportunities will be assessed and c mpensated on the basis of the losses caused by the project. If a household or fa -nily has several adult members who will lose their incomes, all will be compensatec. 12-Ju.-03 I Phoenix Kamplaa-Gyaza-Zirobwe Road RAP Private property owners: Private property owners are persons who have legal itle to structures, land or other assets and are accordingly entitled to compensation u ider the Land Aci. In the case of a joint title deed, the replacement land or cash coi ipensation will be given to the joint holders who will be treated as a unit. Project Affected Groups (PAGs): Project Affected Groups are groups or communities, which may be affected by the project. A group is generally limited by geograph cal location. As far as group entitlement is concemed, there is increased attention for the weaker less represented groups in society. Project Affected Households (PAHs:) Project Affected Households are households on w iich, as a household unit, the Project may impact. Project Affected Persons (PAPs): Project Affected Persons are individuals on whom the Project may impact either directly or indirectly. All PAPs are entitled to restoration of their standards of living and compensation for the material losses they suffer, plus entitlement t share in the project benefits. Compensation for assets will cover full replacer ient cost. No deductions or discounts will be applied to the compensation an ount for depreciation or other reasons. PAPs deriving an economic benefit from the affecte d land and property are entitled to receive rehabilitation benefits in addition to the cc mpensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are e igible for rehabilitation of their livelihoods and compensation for their assets on ai equal footing with those with formal legal title, authorization or permissions to the assets. Rehabilitation: Rehabilitation means the restoration of the PAPs' re ource capacity to continue with productive activities or lifestyles at a level higher oi at least equal to that before the project. Resettlement: Resettlement means to provide the arrangement ol product and livelihood for the PAPs and to ensure they will be able to realise the I benefits of the project outcomes. It mainly includes: * The relocation of living quarters; * Finding acceptable new employment for those v hose jobs are affected; * Restoration (or compensation) of affected pro luctive resources such as land, workplaces, trees and infrastructure; * Restoration of other adverse effect on PAPs' iving standards (quality of life) through land requisition (such as the adverse efl ects of pollution); * Restoration of or compensation for affected priN ate and public enterprises; * Restoration of adversely affected on cultural or ,ommon property. 12-J.-O3 i1 Phoenix Ka=pa1aAGayazmZirobwe Road RAP Squatters: Squatters are landless households squatting within the public / private land for residential and business purposes. Squatters may quolify as a vulnerable group but such consideration is dependent on the vulnerabil ty criteria established by the Project. Vulnerable Groups: Vulnerable Groups are PAPs who are more vulneral ile than typical PA.Ps and who may suffer more, economically or socially, from reloc ation to a new cornmunity. For this project, PAPs falling into one of the follov ing groups are automatically considered members of a vulnerable group: * Woman - headed households * Widows and widowers * The aged. * Indigenous population The socio-economic survey of PAPs will provide the data necessary to identify members of vulnerable groups in the project corridon. Children and the elderly, who could also be considered as members of vulnerable ;roups, may also be eligible for assistance and support mechanisms under the collect ve category, if found necessary in subsequent stages of investigation. Woman Headed Household: Woman Headed Household is defined as a household fulfilling both the criteria given below: * A Woman is the principal eaming member of the family, and No male member (excluding the disabled) in the amily, older than the principal eaming member as above, is eaming (eaming e: :cludes pension payments and interest payments on deposits). iiiJrX43 111 Phoenix Kampala-Gayaza-Zirobwe Road RAP KEY CONCEPTS OF RESETTLEMENT Replacement Cost The World Bank policies require that all affected; ssets (land and structures) be compensated at their replacement cost. Replacemei it cost of an affected asset is equivalent to the amount required to replace the assel in its existing condition. Since in most of the Borrower countries, and especially at :he project sites, Ihere may not be markets in old housing that function well, the replacement cost of structures should be equal to the cost of constructing / purch ising a new structure, without making any deductions for depreciation. The legal frameworks of many countries do not provi, le compensation at replacement cost. The Bank accepts a combination of compensal ion permissible under the local legal regimes with other allowances (with variable 1-.rminology) so that the total is equal to the replacement cost of affected assets. *. Income Restoration Restoration of the incomes of all the affect:d persons is one of the key objectives of the Bank's resettlement policy. It requires that aftel resettlement, all of the affected persons should have incomes, which are at leas-. equivalent to their pre-project income levels. Restoration of incomes, the standards of living End the productivity levels of the affected persons constitute the core of the Ban 's resettlement policy. Though resettlement programs should be designed to help improve the standards of living and income levels of the affected popu ation, they must minimally be restored. Resettlement planning is one of the main mechbnisms through which the Bank and the Borrower work towards ensuring that he incomes of all categories of affected persons are restored after resettlement. *> Squatters and Encroachers Squatters and encroachers are persons witho it legal titles to the land and structures occupied / used by them. The term "Squatters" is typically used for those occupying structures for residential, commercial purposes, while "encroachers" are those occupying land for agri ulture. The Bank's resettlement policy explicitly states that the affected persons cannot be denied compensation / resettlement assistanc - based on the lack of legal title. Bank projects, therefore, need to make pro risions for helping squatters / encroachers achieve the objectives of the Bank'; resettlement policy. *> Displacement Displacement is the impact that necessitates itsettlement of aflected persons. Displacement could be physical, i.e. where the affected persons are required to relocate, or economic, where the impact of los of incomes forces the affected persons to move or to initiate alternative strateg ies of income restoration. 12-Jun-03 iv Phoenix Kampala-iayaza-Zirobwe Road RAP C*> Project -Affected Persons: Persons affected by land acquisition, relocation, )r losses of inconres associated with change in land use due to the project are def ned as project-affected persons (PAPs). Though project-affected persons may form the u lit of impact for the purpose of baseline surveys, some of the resettlement e ntitlements could actually be provided to the households as units of entitlemer t. *> Linear Resettlement: Linear resettlement is usually involved in proje :ts producing linear pattems of land acquisition (highways, railways, canals, po ver transmission lines etc ...). It is differentiated from site-specific resettlement because of the problems that arise when resettlement actions have to bc coordinated across multiple jurisdictions and different cultural and linguistic areas. *- Urban Resettlement: Resettlement in urban or pre-urban settings i; usually referrecd to as urban resettlement. It is differentiated from rural r settlement since the types of problems involved and the strategies proposed t) address them are substantially different from those in rural resettlement. *. Indigenous Peoples: Project where resettlement of indigenous people; is required need to be prepared and implemented with extreme sensitivity to th socio-cultural requirements of indigenous groups. The Bank's OP 4.12 dea ls with issues in development pr ojects with indigenous peoples. Where IPs nec d to be resettled in a project, the requirements of OP 4.12 need to be complied w th. *> Baseline Surveys: The term "Baseline Surveys" refers to two tq pes of surveys that are ideally conducted early in the resettlement planning prc sess: a. A census of all affected persons and assets, md b. A survey of the socio-economic conditions ( f the affected persons. Baselines surveys are essential since: a. They form the basis for identifying the varic us types of project impacts. b. They are vital guides to designing effective esettlement programs c. They constitute a baseline against which the incomes and standards of living of PAPs after the project can be measure. d. They form the basis of all resettlement plani ning The entitlement policies, costs and budgets, institutional arrangements for implementation, etc. can only be worked out )nce the baseline surveys are completed. 124un-03 v Phoenix Kampala-Gayan-Zwrobwe Road RA.p EXECUTIVE SUMMAR 1' 1. Introduction The Government of Uganda is implementing, through he Road Agency Formation Unit (RAFU), the Ten Year Road Sector Development Progi imme (1996/97 - 2005/06) which covers expenditure for recurrent periodic maintenance, improvements of the classified main road network and district/urban roads, and instituti Dnal reform. Phase 2 of the Road Development Programme (RDPP2) includes a feasibili y study and detailed engineering design with production of bid documentation for upgradi ng the Kampala-Gayaza-Zirobwe- alignment being carried out by PHOENIX. The implementation of the ten-year programme works and the need to resolve land and compensation issues in accordance with Uganda's legal mnd administrative framework, has bought into sharp focus the need for extensive communil y consultation andl development of resettlement action plans. These matters are being advanced in accord with the World Bank's developing policy on involuntary settlement. In June 2001, RAFU ran stakeholdem workshops on Land Acquisition, Compensation and Res ,ttlement, and subsequently issued a draft report titled RDP: Resettlement and Land Acquis tion Framework, June 2001. This Resettlement Action Plan for the Kampala-Gayaza Zirobwe- Road project is preparec in accordance with the RAFU Resettlement and .-and Acquisition Framework o: November 2001 report and is consistent with the V' orld Bank policy on involuntary settlement as presented to the June stakeholder worksl ops and in other meetings held al that time. The objective of the Resettlement Action Plan is to pro ide a plan for the resettlement an: rehabilitation of Project Affected Persons (PAPs) so th tt their losses will be compensates and their standards of living will be improved or at lea! t restored to the pre-project levels To achieve this objective the Plan provides for rehabili :ation measures so that the incomi. earning potential of individuals are restored to sustain th teir livelihoods. 2. Policy, Legal and Institutional Framework The resettlement plan for the Kampala-Gayaza-Zirobw Road Upgrade Project is based o i the Ministry of Works, Housing and Communicati n Resettlement/Land Acquisitio:i Policy Framework, November 2001. The resettlemi nt/acquisition policy contains thi! following elements; institutional and legal framework, socio-economic profile includini' baseline surveys, community participation, compen ation system, implementation cl resettlement/compensation, provision of infrastructure and services, resettlement budge I. monitoring and evaluation system. The resettlement plan for the Kampala-Gayaza-Zirobw :e Road Upgrade Project will tak into account the existence of the institutional framework and application of the leg;! framework within the context of Uganda Law. 12-Jun-03 vi Phoenix Kampala-Gayna.-Zirobw- Road RAP The main objective of land acquisition and resettleme it is to ensure that the displaced people receive benefits from the displacing project. Involuntary resettlement, therefore, should be an integral part of the RDPPI projects and sh uld be handled at the onset of the project, i.e. at the planning and feasibility stages, and throughout the project cycle. In developing this Resettlement/land acquisition action pla n constant reference was made to RAFU's current policy framework. In the context of the road sector in Uganda there Ire three actors involved in the resettlemcnt. These are the Ministry of water, Lands anc Environment (comnpensation), the Prime Minister's Office (Resettlement) and RAFU (lead Agency). RAFU, as a Lead Agency of the Road Development Programme Pha e l(RDPPI) is responsible for resettlement and identifying and coordinating all the c ther players in road resettlement. RAFU will liaise with the MOWHC on these matters. Resettlement action plan / activities for the proposed pri dject will depend on the legal back up and support of the institutional arrangement the Republic of Uganda and decentralisation process in the Districts. The plannec project activities will have legal impact on the stakeholders and the development potertial along the corridor. Impact is manifested in social, political and the economic standai ds of the people and the area. Thc position of the govemment of Uganda in relation to coi ipensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Uganda Laws. 3. Socio-Economic Baseline Information The population of Kampala, Wakiso and Luweero Distr.cts, the administrative units whenc the project area lies, was 2.6 million people in June 2000, according to the mid-year population projections estimated by the Uganda Bureau of Statistics. Within the project area, density is higher in the Kampal i District (over 5000 hh/km2 in Kawempe Division) and much less in the Wakiso Distri St (about 400 hh/km2 in Nangamb( and Kyambogo Sub-counties) and the Luweero District (about 250 hh/km2 in Kalagala, Zirobwe, Sub-counties). Land Tenure systems in the Project area are a mi of traditional practice, colonia regulations, and postcolonial legislations. Land holding s differ across the project area an.. currently fall under the following categories: Mailo, F -eehold, Leasehold and Customar. Tenure (Kibanja), no Lease Holdings identified. Along the road corridor, the land tenure regime s mostly Mailo with customar- occupancy. Squatters are prominent on such lands ar d no lease systeni is identified fc these people. The mains cash crops are Coffee, Pine. pple, maize, potatoes. Subsistenci: farming is the main economic activity in the projet t area. In fact, despite its larg. contribution to the economy, agriculture largely remain 3 of the subsistence type. Most households in the project area use firewood or cliarcoal for cooking, and paraffin 1i electricity for lighting. The main source of water is the oF n well or spring, others are, stream (i river, protected wells or springs, and boreholes. According to the 1997 Health Services Inventory, geog aphical access to health facilities i Wakiso and Luweero districts is limited to only 49% o households, and only 42.7% of tIt. parishes, the smallest administrative unit, have some fi rm of health facilities. 1 2-.Jn-03 vii Phoenix Ktampala-Gayaza-Zirobve Road RA.P The first section of the road (14 km paved) traverses the high densely populated and commercially busy area of Kampala north in Kawempt division. From Km 0 (Kalerwe round-about) to Km 4.7 (Mpererwe junction) the roadsih e is exclusively occupied with an intense commercial activity carried out in market arcas (Kalerwe market), permanent shops, temporary stalls and tables and with a continuous presence (day anm night) of many pedestrians, bicycles and motor vehicles. 4. Project Impacts The main principles underlying the proposed approach t( minimising the adverse effects of resettlement and crop compensation are: * Demolition of buildings is limited to the buildings ncroaching on the road structure. All other existing buildings not encroaching within he road will be allowed to remair in place, and after gazetting of the road reserve the ,onstruction of new buildings will be prohibited. * Crops and trees cutting is limited to crops and trees encroaching on the road structurc and those within areas required for traffic diversion, haul roads, borrow pit operations and other road construction requirements. * Land acquisition is limited to areas where the propc sed road structure deviates outside the declared existing road reserve. Acquisition w 11 be to the full width of the roacl reserve to be gazetted. The main impact of the Project construction works, in the context of this report, is thc destruction of crops on land required for the constructi )n. Of lesser scale, but of no les:. importance, is the demolition of houses, shops, marke stalls and other erections on lan( affected by the works. Over the length of the Proj ct, fifty-two buildings and othet permanent constructions are so affected. The road upl rading design, wlbich purposefulh. optimised engineering criteria and resettlement/soc al issues, limits the degree o demolition of permanent structures. Primarily these will be people cropping land adjacent o the existing road A considerabl.. number of buildings is directly affected by the project 'orks and the impacts include: * Cutting of economic valuable trees Loss of Agricultural production Demolition of constructions * Displacement of stalls S. Community Participation and Consultation In preparation of the plan the following stakeholders h wve been and shottld continue to b- consulted to consolidate community / stakeholder I articipation in compensation an resettlement activities. The Local Council Officials (LCI and LC II) and & a villagers have high expectatior regarding project related opportunities and therefore ac :ord it high priority. During the sit. visits, the LC officials mobilised villagers for consult stions as well as establishing goo.. 12-Jun-03 viii Phoenix Kampala-Gayana-Zirobwe Road RAP cooperative arrangements. Their participation and inpi t in the consultation process has been invaluable and will continue to be so during ii iplementation of mitigation and monitoring resettlement activities. As part of consultation process already undertaken, inter 3sted private sector institutions and NGOs have been provided an opportunity to particif ate in the resettletnent planning process. To effect the Resettlement Action Plan, RAFU vill formn a Resettlement Implementation Team. The Team will work with the mc mbers of the local councils; various grievances Committees established at the grass r ot along ROW. Monitoring and purposeful evaluation will be key factors during the imp ementation succeisful resettlement activities. 6. Compensation System Affected persons irrespective of their status (whether hey have formal title, legalizable rights, non-legalizable) are eligible for some kind of as sistance if they occupied the land before the entitlement cut-off the entitlement cut-off refi rs to the time when the assessmenl of persons and their property in the project area is carr ed out. Thereaft.r, no new cases. are entertained. The following categories will be eligibl for compensation. (i) People who are indirectly affected by the project (ii) People whose houses/structures will be a 'fected by land acquisition. (iii) People be removed or damaged due to lai id acquisition activities (iv) Any other group of persons that has not been mentioned above but i: entitled to compensation according to th laws of Uganda and World Bani: policies. (v) Persons who encroach the area after th resettlement suivey (census an( valuation) are not eligible to compens: tion or any from of resettlemen, assistance. Formal notification of the affected people about the pro ect will be done as part of the ongoing community consultation. The registration proci dure for affected properties and persons will consist of formal notification to the affecte i people and the establishment of so-called "cut-off' and the "actual" registration of the a ffected persons. Mledia accessible to the affected persons should be used to deliver the inf rmation. It is envisaged that a number of issues (grievances) will come up as a result of land acquisition by the project. A system must be put in plan e to settle these issues amicably through recognised institutions such as local councils, I md boards and laud tribunals to thi! satisfaction of involved parties. 7. Implementation of Resettlement/Compensation H 'an To ensure that some people are not disadvantaged in th - process of development, it is important to avoid or minimize resettlement effects. If resettlement is unavoidable, RAF1. will help restore the quality of life and livelihoods of ti ose affected. There may also be opportunities to improve the quality of life, particularl) for vulnerable groups. Two of the most important aspects of the Resettlement Action Plai will be resettlement of affected persons and compensation to entitled persons for loss c f land and crops, either temporary or permanent. 12-J.n-03 ix Phoenix Ka.pala-Gayama-Zimob-o Road R4P 8. Monitoring and Evaluation Ongoing evaluation will address complex social, cultural and economic issues. Monitoring will assess in particular the situation of the vulnerable t roups such as small and marginal landholders, unskilled laborers, mobile vendors, triba I populations, etinic minorities, women, children, and the elderly and disabled persons. Monitoring will cover the physical progress of the resettl ement site including preparation of land, construction of houses, construction of facilities provision of infrastructure and other necessities. The monitoring should also cover the elocation of people and their goods to the new sites as well as the allocation of replac :ment assets. Quarterly reports will be made to RAFU by the RIT. The total package fo r the resettlement will cover Uganda Shilling 428,229,500 12-Jn-03 X Phoenix KampalaAiayoza-Zirobve Road RAP 1. INTRODUCTION 1.1 Background The Govemment of Uganda is implementing, throut h the Road Agenzy Formation Unit (RAFU), the Ten Year Road Sector Develo )ment Programme (1996/97 - 2005/06) which covers expenditure for recurrent periodic maintenance, improvements of the classified main road network and districtlurban roads, and institutional reform. Phase 2 of the Road Deve opment Programme (RDPP2) includes a feasibility study and detailed engineering design with production of bid documentation for upgrading the Kampala-Gayaza-Z robwe- alignment being carried out by PHOENIX. Expenditure for the physical works to upgrade the road is included in RDPP3 (Phase 3 of the Road Developmei it Programme). The RDPP2 work is in progress. The Feasibilil y Study Final Report for the Kampala-Gayaza-Zirobwe Road upgrading projec, which included social and Environmental Impact Assessment, were done X nd subsequently the detailed engineering design and bid documentation foll wed. The EIA included a resettlement impact assessment with identificatic n of compensation and land acquisition costs; construction of the physical work; under RDPP3 is scheduled to commence in year 2003. The implementation of the ten-year programme wot ks and the need to resolve land and compensation issues in accordance with Uganda's legal and administrative framework, has bought into sharp focus the n ed for extensive community consultation and development of resettlement action plans. These matters are being advanced in accord with the World Bank's de% -loping policy on involuntary settlement. In June 2001, RAFU ran stakeholder v orkshops on Land Acquisition, Compensation and Resettlement, and subsequently ssued a draft report titled RDP: Resettlement and Land Acquisition Framework, June 2001. This Resettlement Action Plan for the Kampala-G iyaza-Zirobwe- Road project is prepared in accordance with the RAFU Reset lement and Land Acquisition Framework of November 2001 report and is consist ent with the World Bank policy on involuntary settlement as presented to the June stakeholder workshops and in other meetings held at that time. 1.2 The Project Road The Kampala-Gayaza-Zirobwe-Road Project (under RDPP2) is to study and then prepare detailed design drawings and documentatios for upgrading tho road between Kampala and Zirobwe, via Gayaza and Bugema. From Kampala to Gayaza, the existing road is paved and beyond Gayaza through t a Zirobwe, the existing road is a gravel road. 12-Jun-03 I Phoenix K.mpala-Gayaia-Zirobwe Road RAP Table B: Administrative units in the area inJi 'Aenced by the project road Distrits County Sub-CounLy Paris) - Kawempe Kampala (division) Male Female Busukuma - ',uluddene 2700 900 Kyambogo Kikoko - Kiwenda 4 800 4800 Wakiso Kyadondo J Magigye 3_,500 _ Bulami - Gayaza 5 200 6,900 Nangabo Abode - Mazola 5,200 4,700 Wampewo 7,900 Busika - Busc Ke 3,800 4,300 Kalagala Kamira - Vvu nba 5,800 5,800 Luweero Zirobwe Bubuubi - Bukimu 3,500 7,500 Zirobwe e Z wKabulanaka - Kakakala 3,900 6,600 Zurobwe Kyetume - Nambi 3,700 4,300 Nakigoza - NE alonkalu 5,100 6,000 Source: Uganda Bureau ofStatistics. Projected mid-year popa 'ation 1995-2015 1.2.1 Location of the Project Alignment The project road is located to the northwest of Kam ?ala and serves the Districts of Kampala, Wakiso, Nakasongola, Mukono and Luv eero. The project road passes through Kawempe Division, Nangabo, Busukuma, Kalagala, Zirobwe, and Sub- Counties. The area has a potential for livestock farm ng and agriculture development and it is one of the more densely populated region; of Uganda. The project road serves over 26 educational institutions, 2 agricultural research institutions and various rural development projects such as poultry p oduction for local consumption and flower-cuttings production for export. 12-Jun-03 2 Phoenix Kampala-Gayaza-Zirob.c Road RAP The location of the project road: Figure 1.1: Location P11 if 9 " f 5 / \ NORTH t 4 ~~~~~kyuisa * ~ jbsrr l.&n.b. Iz_ ,> S t ^48- ..... , P M', )mMIj .f......... Il., _.. s , IPALA ! F , ,,, .t ,F ,M'2'|1 ]' . EITEBEIL ,'* 1.2.2 The Project Road The existing Kampala-Gayaza section is a paved road, which commences at the Kalerwe roundabout on the Bombo Road and ini ially passes thro igh the urban fringe of Kampala (4.5km). It then traverses (9km through a rural environment in rolling terrain to Gayaza. The Gayaza- Zirobwe- toad is a murram (gravel) road (53.9km). From Gayaza, the road traverses ferti e agricultural coantryside in a rolling terrain via Bugema. The project road is divided into sections, where there is homogeneity of traffic features, such as road environment (urban/rural), tra 'fic 12-Jun-03 3 Phoenix KIampal-Giuyazy-Zirobwe Road RAP volume, traffic profile, (% heavy vehicles) and travel demand, (short ttip/long trip). In total there are five road sections (links) as descri )ed in Table C: below and as illustrated in Figure 1.2 on page 4. Table C: Road Section!: Link Chalnage Length Road E *isting road (Road section) Frm Thoeviron - {ROld setion) From To (I;ml -ment Clas, Surface S.l Kampala-Nsooba 0+000 1+300 1.3 urban II paved S.2 Nsooba-Mpererwe 1+300 4+600 3.3 urban fringe 11 paved S.3 Mpererwe-Gayaza 4+600 13+500 8.9 rural II paved S.4 Gayaza-Kiwenda 13+500 25+200 11.7 rural C unpaved S.5 Kiwenda-Zirobwe 25+200 44+400 19.2 rural C unpaved * Reference ismade to theMOWHCRoad Design Manual 19)4fordefinition of re'ad lass: 12-Jun-03 4 Phoenix Kampala-Gayaza-ZLTobwe Road RP Figure 1.2: Road Sectiou Plan WORLJLFNSI _ JCTO S tDi IIRO - KIWEN * . Or. 5 -° GA' i ff -:.!t;;,~ 3 ,R AD SECTION PLAN COCA. ON OF CONSTRUCTIONS 5,0 V IaO 2 *FFE TE Er ROADWORSY 1.3 Objective of the Resettlement Action Plan The objective of the Resettlement Action Plan is to provide a plan for the resettlement and rehabilitation of Project Affected Pt rsons (PAPs) so that their losses will be compensated and their standards of livin., will be improved or at least restored to the pre-project levels. To achieve this objective the Plan provides for rehabilitation measures so that the income earni ig potential of iidividuals are restored to sustain their livelihoods. The specific aims of the Resettlement Action Plan are: * to identify persons (individuals or groups) who Ire affected by the Project either by the necessary destruction of existing buildin Ys, constructions or crops, or by the need to acquire land; * to identify, through consultation, appropriatc options for resettlement and compensation of project affected persons (PAI 's), which accord with the legal requirements of Uganda Law and are consistc nt with the relevant policies of RAFU and the World Bank; and 12-Jun-03 5 Phoenix Ka.a.Gaya"a-Zirob-e Road RAP * to determine a process for the successful ai d timely implementation of resettlement, compensation and land acquisitiox, consistent with the Project objectives. 1.4 Approach and Methodology of Social Assessment Resettlement planning is effected whenever displE cement/relocation of project- affected persons is part of project activities. Before tI e actual implementation of the resettlement activities, baseline data is collected an I potential direct and indirect impacts to the affected persons are identified and ana ysed. Mitigation measures are then put in place to address negative impacts and co npensatory plans are designed and recommended. For this report, relevant documents on resettlement p ans and guiding reports on the legal framework in respect to the situation for Ugand tns were reviewecl. In addition field surveys, field data collection, formal and infort ial interviews were canied out with project-affected persons, local council officials, and representatives of NGOs and peoples organisations in the area. Religious an I govemment institutions were also consulted. Interviews were carried out to ascerta n the disinterested views of the project-affected persons about the relocation process. * Literature Review: This involved reviewing historical and current studies, and census data, social economic status, community s ructure, land use, infrastructure and services profile along the existing align nent. Much of the literature reviewed was current and relevant to the resettlei lent plan. * Field Surveys: Reconnaissance surveys were ca rried out along the alignment to screen out resources, facilities and services io be affected by the project. Analysis of the field survey data consolidated thc nature of recommendations put forward for the successful implementation of he resettlement plan along the project road. * Site Visits and Participatory Rapid Appraisal: The consultant visited various sites along the alignment. Critical examination v as mainly focusedt on the nature of people to be relocated, community resources to be affected and the nature of economic activities to be disrupted as a result of the project. * Focus Groups Discussion: A number of focus group discussions were organised with various group of people and st;.keholders along the alignment. Participants in these discussions included: - Project affected persons - Local Leaders - Representatives of NGOs and People's Org anizations working in the area. - Govemnment officials - The Kabaka's representatives - Religious Leaders and Head teachers - Community development leaders 1 2-Jun-03 6 Phoenix Kampala-Gayaza-Zirobwc Road RAP - Land lords and district officials - Opinion leaders and elders. The discussions and community consultations eluci lated the current development potential to be affected by the resettlement proc( ss, at construction and after construction stages; attitude towards resettlement, c( mpensation, land takes. Also discussed were gender specifics benefits and replacex lent cost value for the affected persons. * Informal Interviews: The consultants undertook numerous informal interviews. These were held to supplement data sourced usinl other data collection methods. This method was employed in order to access imi artial and personal views about resettlement and compensation issues. * Formal Interviews: Multiple non-structured fon aal interviews were held with a number of stakeholders most especially the Buga ida Land Board officials, Local Council officials along the alignment, repres.,ntatives of the Kabaka and govermment officials. * Public Consultation: Comprehensive communi y consultations were held with communities along the alignment. During const Itation meetings, the consulted communities were concerned about timely and fair compensation. Although communities were in favour of the road project, they were conceried that delay in compensation might make them destitute. 1.5 Structure of Final Report The Final Report is divided into two packages (I & I1) and further divided into three volumes as follows: Part A-Volume 1: Resettlement Action Plan Part B-Volume 2: Valuation Report Volume 3: Strip Maps Appendices: Supplementary to vol.3 (Strip I Aaps) List of Affected People 12-Jun-03 7 Phoenix Kampala.Gayaza-Zirobwe Road RAP 2. POLICY, LEGAL AND INSTITUTO )NAL FRAMEhWORK 2.1 Policy Basis The resettlement plan for the Kampala-Gayaza-Ziro )we Road Upgrade Project is based on the Ministry of Works, Housing and Com nunication Resettlement/Land Acquisition Policy Framework, November 2001. The resettlement/acquisition policy contains the following elements; institutional and leg il framework, soc io-economic profile including baseline surveys, community partic pation, compensation system, implementation of resettlement/compensation, pro vision of infras-:ructure and services, resettlement budget, monitoring and evaluati zn system. The resettlement plan for the Kampala-Gayaza-Zirot we Road Upgrade Project will take into account the existence of the institutional fro mework and applhcation of the legal framework within the context of Uganda Law. The main objective of land acquisition and reset.lement is to ensure that the displaced people receive benefits from the di ;placing project. Involuntary resettlement, therefore, should be an integral part of he RDPPI projects and should be handled at the onset of the project, i.e. at the plan ning and feasibility stages, and throughout the project cycle. In developing this Rese tlement/land acquisition action plan constant reference was made to RAFU's current policy framework, 2.2 Institutional Responsibilities In the context of the road sector in Uganda there ire three actors involved in the resettlement. These are the Ministry of wat !r, Lands and Environment (compensation), the Prime Minister's Office (Re settlement) and RAFU (Lead Agency). RAFU, as a Lead Agency of the Road Dlevelopment Programme Phase l(RDPPI) is responsible for resettlement and iden ifying and coordinating all the other players in road resettlement. RAFU will liai se with the MOVIHC on these matters. All organizations that have a role to play in th implementation of a project resettlement plan should be identified during the pla ining stage and should have the opportunity to contributed their points of view as to how their function is base carried out and what constraints there might be. T here should no surprises during plan implementation. Resettlement action plan / activities for the proposec project will depend on the legal back up and support of the institutional arrangemcnt the Republic cf Uganda and decentralisation process in the Districts. The plar ned project activities will have legal impact on the stakeholders and the developm -nt potential along the corridor. Impact is manifested in social, political and the econ amic standards of the people and the area. 12-Jun-03 8 Phoenix Kampala-Gayaz-Zirobwe Road RAP 2.3 Legal Framework, Laws and Regulations The position of the govemment of Uganda in relatior to compensation to be paid if damage is caused to land is clear under the 1995 ( onstitution and other Uganda Laws. The legal framework within which resettlen ent and compensation should take place is given in the Resettlement/Land A.quisition Policy Framework .Relevant laws include: * The Constitution of Uganda (1995) * National Enviromnental Management Statute (19"15) * Environmental Impact Assessment Regulations (1998) * The Land Act (1998) * The Town and Country Planning Act (1964) * The Local Govemment Act (1992) * The Decentralisation Act (1997) * The Road Safety and Traffic Act (1991) * The Land Acquisition Act 1965 2.4 Donor Safeguards Policies on Resettlement World Bank Operational Policy OP 4.12 on "involun ary Resettlement", requires that displaced persons should be compensated at full ieplacement cost, assisted with relocation/resettlement and during transition peri d. The developer should be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable. The overall objectives of the World Bank policy on Involuntary resettlement has the following that: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative designs b) Where it is not feasible to avoid resettlemer t activities should be conceived and executive as sustainable development pr igram, providing sufficient investment resources to enable the persons disl laced by the project to share in project benefits. c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at leas to restore them, in real terms, to pre-displaced levels or to levels prevailing arior to the beginning of project implementation, which is higher. The World Bank policy covers direct economic ar d social impacts that both result from Bank-assisted investment projects causedi by involuntary resettlement, regardless of the source of funding. The Bank also I rovides for a borrower to prepare a resettlement plan or a resettlement policy framev ork. There are measures are part 12-Jun-03 9 Phoenix Kampala-Gayaza-Zirobwe Road RAP of the resettlement plan, including the impacts f om physical relocation and time likely to be needed to restore their livelihood and standards of living. The World Bank preference is given to land-based resettlemenl strategies for displaced persons whose livelihoods are land-based. 2.5 Difference of Ugandan Laws and the Worl d Bank Policy ou resettlement There are some difference between the World Bank Policy and the Ugandan laws on resettlement. While the Ugandan laws restrict th ,mselves to fair, adequate and prompt compensation (Which is interpreted to mea n cash), the World Bank policy extends it to providing altemative land and resettlini the persons. The World Bank requirements are more favorable tc PAPs than the provisions of Ugandan Law. The Government of Uganda does not wish to set prececdents as to compensation amounts. However, GOU is strongly i ommitted to fulfi'l World Bank requirements. Appropriate compensation approache: are therefore needed, with a first part of compensation meeting Ugandan Law requ: rements, and an additional uplift aiming at complying with World Bank requirements whe e they are not complied with by the sole Ugandan provisions 2.6 Land Ownership There is a diversity of land ownership along the rigl t of way but the most prominent land holding, according to the available is cadastral information and iitle deeds, and from the observations and discussions with the var ous communities, Mailo land is prominent between Kampala and Zirobwe. On tl e Mailo land tenure; there are different ownership interests between the registereJ owners and lawful occupants. All those with vested interests therefore will bc treated fairly during the land acquisition and compensation. Serious scrutiny of ( wnership will be affected during cadastral survey and community consultations at the local level. For the purposes of this road project, the followini major categories of people will have legal/proprietary interest in the land to be affet ted: * Mailo land owners (titled/ registered) * Customary land owners (on former public land-, tntitled) * Tenants-in-occupancy/Kibanja owners (lawful i or bona- fide occupants on Mailo land) Various attempts have been made to address deve opmental concenis afising from these various systems with a view to stimulating development and preserving the environment. Article 26 of the 1995 Constitutii n of the Republic of Uganda empowers individuals to own property and also protects them frcm compulsory deprivation of such property. The article further sl ites that if such property (in this case land) is required for public use or interest, the affected individual be adequately compensated. Clause 4 and 5 of Article 237 fur her provide that customary and leasehold tenure systems can be converted to freehc Id by registration and in 12-Jun-03 10 Phovnix Kampala-Gayaza-Zirobwe Road RAP accordance with a law to be made by Parliament r spectively. Statutory leases by urban authorities are also affected. In essence, the 1995 constitution seeks to give more powers to the people in so far as ownership is :oncerned 2.7 Public Consultation and Public Awareness The relocation activities will have significant impacil on the project-affected persons in particular. There will be strong need to develop a program that allows the affected persons to be informed and to have a local centre oi project office which can impart information on the resettlement activities and associ, ited stages and also serve to hear complaints. This will be crucial in monitoring and l valuation of the whole exercise. Information centres will be established at local co incils offices or ihe sub county headquarters along the impacted cofridor. 2.8 Community Participation and Involvemen: of Local Councils Community participation and consultation are esse atial elements of environmental management of roads that ensure that the commi.nity is include irn the decision making process. It is therefore necessary to de elop procedures and skills for informing the public and other interested parties abc ut proposed road projects. Public involvement will assist in the following: * Identifying cultural and communal property; * Identify cultural/social groups which should anove together; * Sensitisation of both host and resettlement c mmunities. This should be done in advance; * Identification of various resettlement alterna ives; * Identification of vulnerable groups, to be prc tected. Such groups will include disadvantaged women, the disabled, the l; ndless, the orphans, and other minorities. Community Involvement should include the followi ig: * Informal leaders and representatives; * LC Officials; * Other formal leaders; * Local NGOs and CBOs; * MOWHC * Representative of various categories of PAP Community mobilization and participation strategy The major strategy evolves around the provis on of a full opportunity for involvement of all stakeholders who will include pn ject beneficiaries those likely to be adversely affected and other stakeholders who nay have an intelest in the road development programme for one reason or another. As a matter of stiategy, public 12-Jun-03 11 Phoenix Kampala-Gayaza-Zirmbwe Road RAP consultation and involvement should be an ongoing ctivity taking place through out the entire project cycle and should include the follow ing: * Public consultation before the inception c f the project and before the environmental and social study is done. * Public consultation during the environment;.1 and social impact study and during the project design. * Consultation after the environmental and soCI al impact study has been done. * Holding of public hearing if RAFU (the Lead Agency) should find it necessary as well as appropriate notification egarding the hearng. Involvement of the Local Government District authorities manage most of the land in the r iral areas. These institutions are stakeholders in settlement activities. They shoi Id be consulted in planning resettlement, and should play a key role in implemei tation at grass roots levels. LCs should participate in managing resettlement activitie;. During the planning stages of the project it wi I be necessary to assist local authorities in dealing with project impacts. The in 'olvement and gradual capacity building of local authorities is a good option. This ci.sures transparency and a degree of community participation in project planning an I implementation. The National Environmental Statue (1995) provides for loct I and District Environmental Committees as part of the EIA procedure. The established Grievance Committee member', are communily based and understand the community better. The Grievance C ommittees will form a platform for which the PAPs will channel their grievances. Tl e Committee members will start their work during surveying and property valuation. 12-Jun-03 12 Phoenix Kampala-Gayaza-Zirobve Road RAP 3. SOCIO-ECONOMIC BASELI? E INFORMATION 3.1 Demographic Information 3.1.1 Population The population of Kampala, Wakiso and Luweero r istricts, the administrative units where the project area lies, was 2.6 million people in June 2000, aczording to the mid-year population projections estimated by the Up anda Bureau of Slatistics, based on the projection of the official series shown belo v (Table D). The inter-census growth rate of the three Districts affected by the pro ect area increasec from 2.5% in 1969-80 to 2.6% in 1980-91, contrary to the natonal demographic trend which reflected a slow-down (from 2.7% to 2.5%). Table D: Official data on the population of Kampala, Wakiso and Laweero Districts - (1969-96): POUljaion Annual trowth rate Dlstricts 1969 1980 1991 2000 1969- 1980- 1965 1969 1980 199~ ~~~1 citiniate 198(0 1991 199 Kampala 330,700 458,500 774,200 902,900 3.1 4.8 4 l Wakiso 513,500 661,200 913,900 1,175,700 2.4 2.9 2 Luweero 268,000 338,500 349,200 512,700 2.2 0.3 I Total 1.112.200 1,458,200 2,037.300 2,591,300 2 5 2.6 2 Total 9,535,100 12,636,20 16,671,70 22,210,30 2.7 2.5 2 I Uganda ___0- 0 0 ___ Sources: a) Population Census: 1969, 1980 and 1991 and of icial administrativejiguresfor 2000 During the period 1980-91 the District of Luweero experienced a rernarkable slow- down, which is attributable to out-migration dui ing the civil war. Kampala's population is expected to grow at a rate of 5.7% pe annum between now and 2004, which is almost double the national growth rate. Th s will result in an estimated total population of 1.5 million persons that is double tie population recorded in 1991 census. The average household size increased from 4.1 in 1969 to 4.3 in 1991. 3.1.2 Demographic Structure Population is young: 49% are under 15 years, while he active group 15 to 64, or core labour force, is 47 %. Males outnumber females in the age group 1- 15 years, while females 15-64 are more numerous than males, espcc ially in the Wakiso and Luweero Districts, testifying to the out-migration of thc male labour force. The group aged 65 and over is higher than 3%, except in Kampala vhere it is less than 2%. The dependence ratio is a higher in Kampala than in Wa ciso and Luweero districts, 12-Jun-03 13 Phoenix Kuapala-Gayuza-Zirobwe Road RAP meaning that fewer workers in the active group are supporting a large number of people. 3.1.3 Population Density Within the project area, density is higher in the Kam ,ala District (over 5000 hh/kM2 in Kawempe Division) and much less in the Wakis. District (about 400 hh/km in Nangambo and Kyambogo Sub-counties) and the Luweero District (about 250 hhlkm2 in Kalagala, Zirobwe, Sub-counties). The above figures shows that the project area is densely populated and higher than th regional and na:ional average (Table 3.2). Table E: Population Density of KamDala. Waki vo and Luweero Districts (1980-2000) Population Pop lalion Densitl District Area 2 10' 1000 1980 1991 2-0, 1980 I1)91 Eslimial Esi niae Kampala 169 458,500 774,200 9)2,900 2713 X581 5340 Wakiso 4514 661.200 913.900 I,1 75,700 146 202 260 Luweero 5360 338,500 349,200 512,700 63 65 95 Central region 37489 3.582.400 4,843.600 6.1 I5.400 96 129 165 Uganda 197096 12,636,200 16,671,700 22,210,300 64 85 112 Source: Uganda Bureau of Statistics, 1999 3.1.4 Urban and Rural Population Within the project area, the population if the urbz n segment amounts to 222,000 people, mostly concentrated in the Kawempe Div sion of Kampala city (180,000 inhabitants in the year 2000). The remaining 42,000 people are distributed throughout town councils and other growth centres. 3.1.5 Social Organisation The family is the main unit of social organisation. 11 includes both the nuclear family and the extended family. A male who yields cons derable authority over the other members usually heads the nuclear family. He is the main decision-maker on matters concerning the family members and the fimily's economic and productive resources. Families make up clans whose memb :rs share common ancestry and facilities such as burial grounds. Beyond the family and the clan, there is currently a socio-political system of organisation, the Local Council (LC) system that was introduced by the National Resistance Movement NRM) govemment in 1986. It starts from the village level up to the District level. The role of the local councils in community matters development of Community Inf astructure like Ccmmunity 12-Jun-03 14 Phoenix Kampala-Gayaza-Zimob.v Road RAP roads, water sources and settlement of disputes. The project area is also part of the traditional Buganda Kingdom. Although the moiiarchy does not hold political power, the king has a significant socio-cultural role. Matters involving the people's loss of and compensation for land therefore, may c all the attention of the relevant Ministry in the Kingdom govemment. The nuclear amily, the extended family and to some extent, the clans constitute a significant trad tional social support system for their members especially in times of difficulty. 3.1.6 Ethnic Groups The 1991 census singled out 34 ethnic groups pr.:sent in Kampala, Wakiso and Luweero districts. In terms of numerical strength, tb most important ethnic group in the project area is the Buganda, belonging to the Bantu linguistic group. They comprise almost the 85% of the population that occu ies the central and the southern part of the country, from lake Victoria to lake K toga in Central UJganda, better defined as Buganda region. The Buganda is homc geneous both linguistically and culturally. They are hard working people who ha- e taken full advantage of their favourable geographical and economic position. Iany other ethnic groups have however settled in Buganda region (Banyankore, E asoga and Bakiga of the Bantu area, the Nilo Ilamitic Iteso coming from East, the 'ilotic Langi and Acholi people coming from northem Uganda). 3.2 Land Tenure Land Tenure systems in the Project area are a mix of traditional practice, colonial regulations, and posteolonial legislations. Land h ldings differ across the project area and currently fall under the following categor es: Mailo, Freehold, Leasehold and Customary Tenure (Kibanja), no Lease Holding: identified. 3.2.1 Mailo Tenure This was introduced in Buganda following the Buganda Agreement of 1900. Originally, it was of two categories, notably private; nd official Mailo. Subsequently in 1967 official Mailo was transformed into public land. A principal feature of the Mailo system was that of modified freehold. Mail:) estates were surveyed and the holders given certificates of title which could easi y be transferred. Consequently, many sub-divisions of the original Mailo holding! have taken place. These title deeds have also been used as collateral security in fi iancial institutions and have thus contributed to development. About 70 % of the lan( is held under the Mailo system. It has been argued that this kind of tenure hinders levelopments in the agricultural sector. Land is an asset that has to be protected. H ,wever, Mailo ten ire is such that ownership and tenancy are not the same in many c: ses. Therefore, tenants on such land have tended to neglect looking after and investing in land because of lack of security of tenure. Also, occupants have neither be n allowed to plart trees on such land nor reap benefits without permission from the I ondlords. 1 2-Jun-03 15 Phoenix KapalaXayazlla-Zirobwe Road RAP Along the road corridor, the land tenure regime is mostly Mailo with customary occupancy. Squatters are prominent on such lands and no lease systerr is identified for these people. 3.2.2 Freehold and Leasehold Tenures In the project area, there are very few freehold tenure s. Religious bodies such as the Church of Uganda, the Catholic Church, mainly hold these. Leasehold tenure, therefore, is common in the urb. n areas (Kawempe Division - Kalerwe to Gayaza) than in the rural areas. There Lre no Leasehold land holdings along the Right of way of the alignment. 3.2.3 Customary and Urban Land Tenure This is the oldest system of tenure in the project area and across the Right of Way of the Project road. Most PAPs occupy land under thib system. The Land Act of 1998 customized land ownership where by any lawful ( ccupant is entitled to fair and prompt compensation before land is acquired. fhe law accepts no forceful displacement. Overtime the customary tenure system has changed Mai o land holding along the fright of Way. Tenancy, rented land and leased form of ownershir are common along the alignment. Land holdings in the Kampala District currently fall inder the following categories: * Private Mailo, * Statutory leases held by the Kampala City Cou icil, * Land under direct control of the Uganda Land Commission, * Freehold and leases held by institutions. 100% of the land holding along the alignment s Mailo land. 3.3 Livelihood of Communities along the alignmei t: 3.3.1 Economic Activities and Standards of Livi ig Agriculture employs 84 % of the manpower in Wa kiso and Luweero districts, and accounts for 65% of the districts gross domestic product. In Kampala district, agriculture is an activity of relatively less signifi :ance and the main sources of livelihood are employment and trading (80% of m; .npower). Small-scale industrial activities like metal fabrication motor repairing. Tra ling in domestic goods and food products is significant. Small-scale semi-formal activity is found 'n and around official markets and in formally licensed premises Industrial establishments on Wakiso and Luweero districts are confined to ;mall-scale, agro-based mainly seasonal coffee processing. Trading is diffused but insufficiently organized in terms of wholesale facilities and distribution infrastru ture. Albeit far from being developed in terms of monetary incomes, the econoi ny of the region, however, is not affected by acute poverty. The food balance is almost in equilibrium, thanks to subsistence-oriented farming and the wealth of Iih estock resources. Children, in general, do not appear to suffer from malnutrition oi widespread diseases. 12-Jun-03 16 Phoenix Ka.pala43ayaza-Zirob'oe Road RAP 3.3.2 Agriculture The mains cash crops are Coffee, Pineapple, maize, potatoes. Subsisteiuce farming is the main economic activity in the project area. In fat, despite its larg.: contribution to the economy, agriculture largely remains of the su isistence type. Farmers produce mainly to feed their families, the agh cash crop farming is well developed. Farming in the project area can be c:,tegorized in inteisive banana- coffee lakeshore farming system. This system covet i Kampala, Kawe-npe Division, north of Wakiso and south of Luweero districts. Much of the farming i; based on the growing bananas and coffee. In addition to these tv 'o perennial crops, a number of annual crops are grown. They include maize, cass iva, sweet potatoes, beans etc. Vegetable and fruits are also grown (tomatoes, abbages, pineapples, mangos, passion fruits). The bananas and coffee are grow n around the homesteads and sometimes they are inter-cropped. The presence of r erennial crops along the project road has beneficial effects on soil conservation by providing cover throughout the year. Table F: shows the most recent statistics abo it agricultural output in Wakiso and Luweero districts. Staple food crops - bananas (matoke), sweet potat )es, cassava, beans - represent almost 92% of the area's agricultural output, agaii ist just 8% for cash crops like coffee, even though bananas are largely produce for household consumption as well as for the market. The vicinity of Kampala district o ffers a ready market for all farm products. There is high demand of agricultural proc ucts because of the high human population to the extent that what is produced in the listrict is just a sniall fraction of what is consumed. Table F: Agricultural Production of Wakise and Luweero districts Crop Q antity (tons) Maize 27,000 Sorghum 3,000 Sweet potatoes 65,000 Cassava 83,000 Bananas 267,000 Beans 31,000 Coffee 41,000 Source: Statistical yearbook, 1999 3.3.3 Animal Resources Since no rangeland lies in the project area, herding is non-existent along the project road. In Kampala District the number of cattle has E hrunk due the crack down by the city authorities on free-range cattle keeping. Sm. ll herd of cattle (maximum 20 heads) have been observed along the project road. T ie cattle numbers kept under this 1 2-Jun-03 17 Phoenix KampaIa.Gayaza-Zirobwe Road RAP system range mainly within 1-3 animals and are mai ily milking cows. The animals are fed on crop residues, planted grass and comm :rcially prepared feeds. Goats, sheep, pigs and chicken are few, save a big poultry I arm located near Mtagigye with access off the Project road. 3.4 Present State of Services and Infrastructure 3.4.1 Fuel Supply Most households in the project area use firewooc or charcoal for cooking, and paraffin or electricity for lighting. Electricity is avail able along the prqject road from Kampala up to Busika and between Zirobwe, Bami nanika and Wobulenzi. There are ten petrol stations along the project road, mainly ocated (6 stations) on the paved stretch up. to Gayaza; the remaining four are loca ed in Namulongc, Busika and Zirobwe respectively. 3.4.2 Water Supply. The main source of water is the open well or spring, others are, stTeam or river, protected wells or springs, and boreholes. Piped water, during the survey, was available only in some areas of Kawempe in Kampal a urban. No water source along the Right of way is affected, however in vicinity there are 33 protected springs, 21 boreholes sitted and 15 shallom wells. 3.4.3 Public Health Mulago hospital, the main hospital in Kampala, is I cated a short dislance from the Kalerwe roundabout, the project road zero point. Ou :side of the Kampala urban area, there are a total of 8 health facilities with 44 beds I )cated within the road influence zone, plus 5 dispensaries and 3 health centres. T vo health centres (at Kazinga - Zirobwe) and four dispensaries (at Kasangati, Namu onge, Bugema andl Vvumba) are located just beside the project road. According to the 1997 Health Services Inventory geographical access to health facilities in Wakiso and Luweero districts is limited to only 49% of households, and only 42.7% of the parishes, the smallest administ-ative unit, have some form of health facilities. Malaria, the leading cause of death in the District; is most prevalent in the brick making areas and near wetlands because mosquitot s breed in water *hat collects in the clay pits, and in stagnant water in the wetlands. Personnel from health facilities along the Gayaza-Zirobwe- alignment also talk of c .ses of respiratory complications and suspected allergies due to dust from the road, es pecially in the dry season. 12-Jun-03 18 Phoenix KampaIa-Gayazn-Zirmb-e Road RAP 3.4.4 HIV/AIDS Control Under the supervision and the coordination of the Uganda AIDS Commission, govemmental institutions and over 1000 NGOs, religi us groups and individuals, are involved in the prevention, provision of care and s upport to people infected and affected with HIV/AIDS. There is a reported general decline in the HIV prevalence from about 30% in 1993 to about 10% by 1996. Acc rding to the 2000 HIV/AIDS. Surveillance Report, data from HIV infection sentine surveillance sites in Kampala, Wakiso and Luweero districts, continue to show dec ining trends in urban areas. In rural areas where trends in the past exhibited a mi ed pattern of stabilization and decline, prevalence rates appear to be clearly declining (from 27.1%. in1993 to 12.3% in 1999). In spite of the observed dent in the HIV/AIDS epide nic, the infection rates are still high in the whole Country. As for the year 1999, a c umulative total of 55.861 AIDS cases has been reported to surveillance unit of the A IDS Control Programme and at present the total number of people living with H [VAIDS is estimated at 1.44 million. It is believed that evcry household in the prt ject area has in some way been affected by the epidemic. The RAP will therefore r rovide for mitigation measures, including; * Information campaigns * Creation of awareness of the risk of HIV/P ids and other STDs associated with mobile work force and its interaction wi h local people * Provision of condoms 3.4.5 Schools According to field surveys, more than 5000 pu ils attend 23 Primary and 4 Secondary Schools located on either sides of the pr ject road. The read serves also the Bugema University Campus and an agricultural campus of Makerere University at Kabanyoro and Namulonge. Table G: Showing The Education Institutit ns along the alignment NO. NAME OF SCHOOL NO. OF NO. OF _ PUPILS STAFF I. Green Valley Primary School 346 12 2. Buranga S.S 241 20 3. Outspan Primary School 379 14 4. St. Kizito Nabitalo Primary School 564 16 5. Damali Nabagereka Primary School 804 24 6. Fresisca Primary School - Kiwenda 594 19 7. I Rise ans Shine Primary School 127 1 8. Lukyamu Umea Priamry School 341 15 12-Jun-03 19 Phoenix Ka.paIa43ayaza-Z,rob'e Road RAP 9. Bugema University 806 16 10. Bugema C.O.U Primary School 217 14 II. Siira Memorial Primary School 567 20 12. Busiika Umea Primary School 599 16 13. New Infant Academy 94 8 14. Busiika High School 156 13 15. Bugema Girls School 214 14 16. Bugema Primary School 549 16 17. Kyetume S.D Primary School 409 11 18. Kaddo Primary School 376 13 19. Mpigi S.S.S 112 14 20. Bulami S.S 69 11 21. Ngalo Nkalu Primary School 256 12 22. Zirobwe Primary School 291 10 23. Natyole Primary School 844 13 Source: RAP Socio-Economic survey March-April ?002 3.5 Settlement Pattern Along the Road The first section of the road (14 km paved) traverses the high densely populated and commercially busy area of Kampala north in Ka vempe division. From Km 0 (Kalerwe round-about) to Km 4.7 (Mpererwe junct.on) the roadside is exclusively occupied with an intense commercial activity carric d out in market areas (Kalerwe market), permanent shops, temporary stalls and tables and with a continuous presence (day and night) of many pedestrians, bic) cles and motor v. hicles. Most buildings close to the road are used for commt rcial purposes such as shops, guesthouses, restaurants, kiosks, groceries and bars. Some buildings host community services, grain milling machines, garages and variou; workshops. The section from Kampala to Mpererwe is urban anc semi-urban road md will not be affected by any displacement since the new road ! tructure will closely follow the existing alignment. From Mpererwe junction to Gayaza Township, com nercial activity along the road is less intense, but constant during daylight hours due t ) the presence of shops and light industries. An inventory of the households along th: first section of the road yielded an average of about 120 houses for every kilome ter of road, eacb side, ranging between 85 and 270 houses per kilometer. From Gayaza to Zirobwe, the entire length of the ro; d is rural with a relatively dense population and houses concentrated in or around tra ling centres. Housing density of this section (gravel road) is about 24 houses per ki ometer of road. Some areas are relatively unpopulated, but few stretches of the road ;ide are without a -y house. Most of the houses are made with locally produce, I building materials: 75% are of bumt bricks for foundations and walls and corruga:ed iron sheets for roofing; 20% are made of raw bricks or mud-and-poles for walls, but just few with grass thatching for roofs. Village trading centres and small open-ail markets are located at the major 12-Jun-03 20 Phoenix Kampala-Gayaza-Zirob-e Road RAP road junctions. School buildings and playgrounds a -e also found near the road, as well as places of worship. The present road does lot cross wildlife areas, forest reserves or historical protected sites. Table H: Major Settlements travers ?d by the Road Link .lajor centers Cumulatl'e Link Manjor centers Estimated Pop ilatton Kampala-Gayaza Kawempe (Kampal. 180,000 urban)__ _ _ _ _ _ _ _ _ Gayaza Namulonge Gayaza-Zirobwe Bugema 22,300 Kiwenda Busika Vvumba ____9_____ Zirobwe Zirobwe 19,700 Source: District administration figuresfor year 2000: More or less densely farmed fields or fallow sptces, where derived bush-type vegetation grows, line about 34 km of the 44 km len ,th of the project road Table 1: Land use along ti e road V'egetal landscape Km '/ 1. Built up area with subsistence farm plots 42.2 63.0 2. Small-scale farmland with mixed croppir g 14.1 21.0 3. Large scale farmland 0.7 1.0 4. Tree plantation 0.4 0.5 6. Bushland, grassland, fallow land 4.0 6.0 7. Woodland 3.3 5.0 8. Swampland 2.3 3.5 Total 67.0 100 Source: Field Survey, March 2002 12-Jun-03 21 Phoenix Kampala-Gayaza-Zirobwe Road RA.P 4 PROJECT IMPAC TS 4.1 Minimisation of Resettlement Impacts The Kampala - Gayaza - Zirobwe alignment upgra ling follows the existing road corridor and optimises the separate demands of en,:;ineering design standards and social impact limitation. The horizontal alignment s consistent with the standards specified in the MOWHC Road Design Manual for tl e appropriate roal class design speed, and at trading centres, in villages and throug i townships, the horizontal and vertical alignment design is typically determined to r :duce cut/fill depths and reduce the degree of shift between the existing and design rn ad centerlines, thereby limiting social impact effects in terms of resettlement and pro 3erty access. The design limits the level of social impacts and esettlement. The approach to resettlement and the linked issues of compensation 'or demolition of buildings and cutting of crops, as well as of land acquisition, is ou lined below. It is an approach, which is consistent with the recent recommendatioi s made by the W orld Bank on this issue during the workshops held in Kampala. The main principles underlying the proposed appr ach to minimising the adverse effects of resettlement and crop compensation are: * Demolition of buildings is limited to the buil lings encroaching on the road structure (refer below). All other existing build ings not encroaching within the road will be allowed to remain in place, and af er gazetting of the. road reserve the construction of new buildings will be prohibi :ed. * Crops and trees cutting is limited to crops anc trees encroaching on the road structure and those within areas required for traffic diversions, haul roads, borrow pit operations and other road constructio i requirements. * Land acquisition is limited to areas where the I roposed road structure deviates outside the declared existing road reserve. Acq iisition will be to the full width of the road reserve to be gazetted. The road structure is the carriageway, shoulders, sid: drains and embankment slopes of the upgraded road plus berms necessary for maini mance of the roadl. 4.2 Resettlement of PAPs Implementation of the project require: * payment of compensation for crops on affecte I land within the existing road reserve along significant lengths of the project r )ad; 12-Jun-03 22 Phoenix Kampala-iayma-Zirobwe Road RtAp In Gayaza, Bugema, and Zirobwe sections (where th biggest impact 'ill occurfor demolition of houses) Resettlement can generally ccur by setting-back existing occupations away from the road construction, or b y relocating within the same community. Resettlement will not necessarily requir.: (except by choice of the PAP) relocation to another village or area. Resettlement of entire villages or large communities to new locations is not required by the I roject. However, under Uganda Law there is a household n settlement option available for EPs, particularly vulnerable group households losinig a dwelling unit, which can require resettlement of the entire household unit. Tl e need to apply this option has not at this point been identified as applicable to res :ttlement for this Project. Such application will be accepted during the implementa ion stages of the RAP in case need arise. 4.3 Sites Affected by the Project Essentially the Project involves widening the existir g road structure cver the entire length of the project road and, at various locations, o either straighten or otherwise improve the horizontal alignment of the road, raise t le road level ovei swamp areas and improve the road gradient by cutting (lowering) I.igh points. For most of the length of the project road, the road construction will be within the corridor of the existing nominal road reserve, whicl is defined in the Roads Act of 1964 as being that area bounded by imaginary line; parallel to and iot more than fifty feet (I 5 m) distant from the centreline of any rn ad. On arable ground, the land within this road reservation, which is not occupied 1 y the existing road, is typically cultivated and cropped. Road construction woi ks will affect c-ops, but not necessarily to the full width of the road reserve. At some locations where the upgraded road align nent departs from the existing alignment, the roadworks will extend outside the wi dth of the existing road reserve. At these locations, land acquisition is required in ad( ition to crop compensation. The main impact of the Project construction works. in the context of this report, is the destruction of crops on land required for the con ;truction. Of lesser scale, but of no less importance, is the demolition of structures( iouses, shops, market stalls and other erections on land affected by the works). 0' er the length of Ihe Project, 45 structures (shops and residences ) are so affected. T ie road upgrading design, which purposefully optimised engineering criteria and rese ttlement/social is,ues, limits the degree of demolition of permanent structures. The construction works will include extraction of m. terials from borrow pits, and use of haul roads and roads for traffic diversion and co itrol, and the occupation of land for construction camps, site offices, etc. The EIA study identified and quantified the reset lement, compensation and land acquisition impacts of the construction works. Th :se are detailed ini Table below: which is a schedule of the permanent buildings and erections a-fected by the construction works. 12-Jun-03 23 Phoenix Kampala-Gayaza-Zirob'we Road RAP The structures,and cropped fields which will be affe :ted by the construction works and for which compensation and the amount to be warranted for the Project, are scheduled in Table J below. Structures: include shops, residences, pit latrines, sta Is, etc. In most cases structures are of mixed use. In the approved evaluation repor b- the Chief Goveniment valuer, no distinction was made between the different types c f structures. Table J: Identification of Project Affected People Asset Affected Number Type of Tenul e Nature of Compensation Total of Impact (Uhs) properties _ _ _ _ _ _ _ _ _ _ _ _ _ Sructures(include 45 Titled Removal U shs 27:1,756,159 shops, residences, pit (including di turbance latrines and stalls) allowance) Cropped fields Titled I Removal U shs 34,356,6 .0 4.4 Profile of Project Affected Persons It will be the responsibility of the Consultant and R iFU to be established along the route, to identify the Project Affected Persons. Primarily these will be people cropping land ad acent to the existing road. A considerable number of buildings is directly affect( d by the project works and the impact to the occupants of these buildings is sigr ificant. The rural townships of Gayaza, Bulami and Zirobwe are the most affected 1 illage where some buildings are to be demolished and families are to relocate else wi ere in the commuaity. A full list of affected person along the alignment is appended i i the plan. 4.5 Cutting of economic valuable trees The banana tree (matoke) and coffee are the most ommon tree, as they are staple food and income generating product for the loca farmers. These crops will be compensated though temporary (perennial) ones wi I be removed before the project starts. The people will be told well in advance to rer iove them. 4.6 Loss of agricultural production During the road upgrading works, an estimated are; of 3 hectares of cultivated land will be temporarily taken up for camp sites, bonrow pits, quarries, seivice roads and detours. Adding this area with the cropped area exi ropriate for road realignments 12-Jun-03 24 Phoenix Kampala-Gayoza-Zbrobwe Road RAP (4,32 ha), the total cropped area that will be destroyed by the road works. will amount at about 7,32 hectares. The survey indicated that f, rmers grow a lot of perennial trees, mainly bananas and coffee intercropped with i large amount of other crops, like cassava and sweet potatoes. The total area foi the total land to be acquired amounts to 44 ha. Including that of cropped area 4.7 Demolition of structures The majority of structures within the road reserve wi I have to be demolished. There are 45 structures(i.e shops, residences, stalls etc ) bui t with different niaterials 12-Jun-03 25 Phoenix KaYpala-Gaya-a-Zirobwe Road RAP 5 COMMUNITY PARTICIPATION AND CONSULTT 5.1 Stakebolders Analysis It is observed during the field studies that a great maj Crity of the rural community in the project area have little influence on or do not effectively participate in development interventions, which concem them. De velopment interventions in the project area in the past have not adequately involved i he target communities in plans, which affect their lives. The Resettlement Action P an will involve the community in every stage of the resettlement activities. Active participation by PAPs and PAGs will en able them to understand and appreciate the levels of development and to ascertai i timely gains and control over forces that affect their livelihood. In the context of he resettlement activities along the project road, extending and redistribution of ipportunities to l'APS is very important. Community meetings have been condw ted to gauge people's feelings about the project preparation of RAP. In preparation of the plan the following stakeholders have been and should continue to be consulted to consolidate community / stakehold -r participation in compensation and resettlement activities: * Local Councils: The Local Council Officials (LCI and LC I]) and the villagers have high expectations regarding project related opportuni ies and therefore accord it high priority. During the site visits, the LC of icials mobilised villagers for consultations as well as establishing good co )perative arrangements. Their participation and input in the consultation proct ss has been invaliable and will continue to be so during implementation )f mitigation and monitoring resettlement activities. The involvement of Local Council officials s important to the process of relocation and compensation. Establishe I Grievance Committees for resettlement implementation will be instrumen al in co-ordinating, mobilizing and sensitizing the PAPs about the project. Is umerous meetings will be held with the LCs during the implementing the resett ement plan. The involvement of LCs will be instrumental in delivery of infon iation to affectedl communities about RAP. * Private Sector, Civil Institutions and NGOs. As part of consultation process already unde taken, interested private sector institutions and NGOs have been provided an )pportunity to participate in the resettlement planning process. Consultatiot s have been held with World Vision, Plan International and other NGOs who have considerable experience in I 2-Jun-03 26 Phoenix Kampala-Gayaza-Zirob.e Road RAP development interventions and are well placed to carry out the mitigation and monitoring of resettlement if invited to do so. The involvement of Local Councils and NGO's is important. Stakeholders in these social structures will help in the identification of PA Ps, in the registration process and in the mobilisation of PAPs to attend meetings. I is through these meetings that resettlement options can be identified and effected. 5.2 Consultation Strategy A key strategy for the RAP implementation act vities to be effictive is for collaboration both in the vertical and horizontal lei els between communities and Govemment representatives on the one hand anc between Local Government Councilors and Govemment Ministries (Justice, MOWHC and Lands, Water and Natural Resources) on the other. Cross sectional linI ages to enhance co-ordination, enabling a sharing of experiences, which will pc mmit the RAP process to be consolidated. To effect the Resettlement Action Plan, RAFI I will form a Resettlement Implementation Team. The Team will work with the members of the local councils, various grievances Committees established at the grass root along ROW. Each Committee will include the LCI chairperson, re distered landlords of affected properties (or representatives), community elders md representativos of NGO's operating at community level. The Resettlement Implementation Team (RIT) wi I scrutinize land that will be affected by the project works and it is the function o the Grievance Committee with LCs to identify Affected Persons and represent tli ir interests in determining an agreed compensation and resettlement solution. 5.3 Consolidation of Monitoring and Evaluation S estems with Stakeholders Monitoring and purposeful evaluation will be key fa :tors during the implementation successful resettlement activities. The work of the I JT, Grievance Committees and Local Councils will effect participatory representai ion, monitoring and evaluation within the affected communities, with indicators d signed by the community and leaders of the affected communities. This will help to determine the effective level of progress. The justification for the collaboration i; that all interested stakeholders will attain a significant participation and thus ensure the success of the project. 5.4 Involvement of CBOs A number of CBOs are currently working in tht project corridor on integrated development activities. These institutions are comn lunity based and understand the communities they work among. They will be involi ed, along with Local Councilors in monitoring of RAP, assist the project affected I ersons in re-buildling their lives and above all to settle among the host communities. I 2-Jun-03 27 Phoenix Kampala-GayazaiZ,robwe Road RAP 6 COMPENSATION SYSTEM 6.1 Inventory of impact of individual and commui al properties This entails a complete count and description of all F roperty that will be acquired or lost as a result of relocation. The land inventory speifies the type of land (dry-land irrigated, perhaps soil type), its use (agricultural, tyF es of crops, busir.ess) size and location, so that each can be correctly valued. Th physical inventory lists each assets, including structures (homes, animal pens, st )re houses) and ilfrastructures (e.g. wells) and other assets e.g. trees by type (fruit or timber) age and size, for valuation purposes. The study team should pay special attention to the cui rent values of assets and should value each assets individually. Eligibility criteria fo the affected people/household must be established. The study should also take note Af changes in pricz and value of assets between valuation and compensation. 6.2 Criteria and Strategy for Compensation for lan, houses, crops and other property Criteria and eligibility for compensation Affected persons irrespective of their status (wl iether they have formal title, legalizable rights, non-legalizable) are eligible for ome kind of assistance if they occupied the land before the entitlement cut-off the entitlement cut-otf refers to the time when the assessment of persons and their propi rty in the project area is carried out. Thereafter, no new cases are entertained. T ic following categories will be eligible for compensation. (vi) People who are indirectly affected by the project (vii) People whose houses/structures will t e affected by land acquisition. (viii) People be removed or damaged due t( land acquisition activities (ix) Any other group of persons that has ilot been mentioned above but is entitled to compensation according t( the laws of Uganda and World Bank policies. (x) Persons who encroach the area after the resettlement survey (census and valuation) are not eligible to compensation or any from of resettlement assistance. 6.3 Resettlement Options In a review of procedures and policies (WB 1994b), the World Bank acknowledged a link between displacing people and restoring their property without affecting their livelihood (Scudder & Coision 1982). It is therefo -e strongly recomrnended that in the resettlement process emphasis be placed on esta lishing new households in 12-Jun-03 28 Phoenix Kamp.la-Gayaza-Z,rob.c Road PAP viable areas within their existing community and pr :ferably within the vicinity of their original plots and neighborhood. Although affected persons will be encouraged to purs je resettlement in line with the above recommendation, there are a number of optio Is available to those who will have to be relocated This will call for further consull ition with the affected persons during the implementation of the plan. The fol owing options are based on conversations so far held with representatives of I APs about compensation and resettlement. Where affected housing structures are o be shifted, relocation will be within the same locality. Experience from other resettlement schemes within he Districts, as well as general experience with rcsettlement, has shown that there i: a danger that the cash will be spent quickly and the family will not be able to set uy house in another place without help. If families prefer this option, there should be n agreement on the purchasing of land elsewhere and co-operation with District Au horities. In other words, there should not merely be a handing over of a lump sum. If consulted some PAPs could prefer cash for their land and others land for Land in uicinity. * Renting land and further resettlement after th - project is completed: 2% of the affected persons preferred this option sin-e the trouble of moving house twice had little appeal. Hence most of the land that is used during the construction period for temporary works (haul roads, borrow pits, diversion roads, ctc.) should be returned to farmers in the form compensation. 6.4 Notification Formal notification of the affected people about the project will be done as part of the ongoing community consultation. Several steps will be taken to make sure that the affected population is properly informed and the. e include: * Distribution of information and explanations to 'ocal and District Authorities in the form of an information leaflet, outlining I he major charact,-ristics of the project and a general schedule or at least a chror ology of events. * Follow-up meetings will then be held with Di: trict Authorities and with local leaders, including the Local Councils and Co nmunities, which have overall responsibility for co-ordination. * Open meetings in which the project is presented to the general population This notification procedure sets the scene for the re Yistration and detailed recording of assets. 6.5 Inventory and Registration of Affected Prope ties and Persons The registration procedure for affected properties ai id persons will consist of formal notification to the affected people and the establishr lent of so-called "cut-off' and 12-Jun-03 29 Phoenix Kamp.la-Gaya7a-Zirobwe Road RAP the "actual" registration of the affected persons. M dia accessible to the affected persons should be used to deliver the information. The Consultant has prepared an inventory of the pro ect affected persons, which is appended to the plan. This will be instrumental in ccncretizing the identification of the PAPs and case the compensation process. Since Local Council officials are part of Grievance C ommittees, they will be part of the registration and notification process and participate in resettlement implementation by representing the interests of the afl ected people. The local council officials will be facilitated to participate in the registi stion process. The verification of registered persons will include members of the .C for the respective villages, village elders, registered local property owners a id landlords. Thc: registration process is intended to involve the different parties in the different villages in the resettlement/compensation process to avoid disputes or misunderstancing at a later date. The registration form will include the following el !ments: Registration will cover all the homesteads in the Dire ;t Impact Zone; * Household information: means and details a )out each member, including economic activities and number of dependants oi tside the village * Photographs of each homestead shall be taken by the RIT for the record and each household head will be given a copy of a regiatration form for listing all the assets affected. * Relocation information about present situation ai .d preferences * List of fixed assets including buildings, perm:.nent gardens, wells and other water sources. If any * Identification of possible factors that would pla :e a particular hoasehold under the category of "vulnerable" such as the numb :r of dependants, single parent, female household head, lack of ample land or in ome, etc. A complete form will be developed by the RIT and N'ill be agreed to bv RAFU in co- operalion with other Govemment authorities and leg LI experts. Registration will supplement the information in the socio-economic survey and the inventory compiled by the Consultant. Such data will be used to c-oss-check the claims and information at the time of registratiol since most, if not all, of the households in the Direct Impact Zone have been rec )rded. There is a risk that some of the people may be tired of being asked the same sort of questions, but it will be reiterated that the registration is absolutely necess try for a fair compensation and successful relocation of families. Registration and the recording of assets will occar directly after notification of project affected persons in matters regarding th: cut-off date ard the general information meeting at the various villages in the [ irect Impact Zone. One will use this meeting to explain why the registration is takini place. 12-Jun-03 30 Phoenix Kampala-Gayaa-Zimrobwc Road RAP The cut-off date is the date of the property inve.-tory and census which (i.e. September 2002). There were no completion of lanc documents at the time of the inventory. Consequently, local interviews were used i n establishing of Ihe land to be compensated. This was done in close consultation wil h Land owners and the District land board officials. Following the approval of the Chief Government Val icr the affected peoples will be informed immediately in order to avoid speculations on land. This can be done as part of the formal notification. The principle is that al people who are rnsident on the land on that day will be entitled to resettlement and i ompensation. The registration and record of assets will be conducted immediately a ter notification. Any family who relocates on this land after this date is NOT entitled to any compensation. It will be the responsibility of the I ocal Authorities 1o inform any groups that arrive in the interim period of these I arms. At the time of project implementation, these peoples will only be given no ification and no assistance will be provided. 6.6 Compensation Rates Kampala, Wakiso and Luweero District Land Boards have established compensation rates to be applied in their respective districts for involuntary resettlement. Compensation rates of Kampala District are 50-100 /o higher than Wakiso rates for crops and trees. Kampala District presents higher ra tes per hectare of cropped land, while for buildings both districts have more or ess the same rales. Updated compensation rates for Luweero District were not av tilable at the time of the survey. Current market prices for crops and trees more comr ions in the study area (potatoes, cassava, banana and coffee trees), are much h gher than compensation rates established by the Land Boards. The construction co ;t of a typical rure I home is also much higher than Land Boards compensation rates fir the same structure. The rates utilized in this report for the calculatior of compensatior costs for the different items reflect the market prices applied in tt project area dur ng the survey. 6.7 Grievance Procedure and Redress. Conflict resolution and grievances System It is envisaged that a number of issues (grievances) w-ill come up as a r esult of land acquisition by the project. A system must be put in I lace to settle these issues amicably through recognised institutions such as loc il councils, land toards and land tribunals to the satisfaction of involved parties. 12-Jun-03 31 Phoenix Kampal.-Uayaza-Zirobwe Road R*4P Although affect people will be given an opportunity t( review the survey results and compensation policies during the process of resettlem ,nt planning and implementation, a number of issues will arise up amo ig the settlers. If a person is not satisfied with the compensation or rehabilitation n Ieasure given, he could raise his complaint through the mechanism that will have b -en put in place. In order to address the above concerns, RAFU is to et sure setting up of small field offices by the supervising consultants and channel the m to both RAFU .ad the relevant authorities. The grievances will be heard by RAFU, local Council chair person, Sociologist and Valuer as ex official of the cc mmittee to hear the grievances within the affected area. If the person complaining d es not agree with the decision of the Councils he /she could appeal to the District L, nd Tribunal. If hc/she still does not agree to the decision, he could go to court as a last option. With projects of this size there will be inevitably mis inderstandings, complaints and conflicts of interest. A grievance procedure redress A ill be established with the main objective being to provide a mechanism to medial conflict between the project authority (RAFU) and entitled persons to cut down n lengthy litigation. The basic aim is to prevent delay in implementation of the project. It will also provide opportunity to a person who has objections or conce -is about their assistance, which are unresolved by Grievance Committees at local vill ige level thus, a process to raise their objections and have their concems heard and ad iressed adequately. Grievance Committees composed of Stakeholders at Local Council le- els have been formed to deal with issues that the RIT cannot resc lve. The aim of the Grievance Committees is to avoid unnecessary delays in court! or administration and to foster decisions quickly and efficiently for the benefit of al parties involved. The Resettlement Implementation Team at the on s t of resettlement activities will intemalize the composition of the Grievances an( work hand in lhand with the Grievance Committees for redress. Membership of the Grievance Committees at the loc il village level include: * Local Council Chairperson (LC I) * RAFU * CAO or Representative * Sociologist (optional) * Property Valuer (consultant) * District Land Officer For grievance redress, the entitled persons can sub mit their written complaints to their Grievance Committees for onward submission ;o RIT. 1 2-Jun-03 32 Phoenix Kampala-Gayaza-Zirobwe Road RAtP 6.8 Flexibility and Contingency Management RIT will identify the risks and benefits associated m ith each option of entitlement policy. Contingency plans and a flexible programme of implementation will ensure that EPs are not disadvantaged by the project by uniforeseen circumstances. The contingency plan and any other addition/alterationlrr odification to the resettlement plan for the project will need to be endorsed by he RIT to be elfective. No downward revision of entitlements shall take place. 6.9 Market Value Assessment Compensation will be full replacement value, howevc r it has been necessary to carry out an adequate assessment of market value at all locations during the property valuation. This established whether the compens stion award under the Land Acquisition Act is fair and close to the market valu :, allowing the PAP to replace their property, units and assets. If the market value assessment establishes that the full replacement compensation is not the true market value for full replaicement, then a level of assistance will need to be given to allow 'APs to replace their property, units and assets fairly. The Valuer has assessed property value at full replac ment value as recommended by the law of Uganda. Market value of assets, so determined, will be comr ared with compensation and its various components. A decision will be made hov much assistance is needed to increase the compensation to provide a fair entitlerr ent package that will allow the EPs to replace his land, structures and other assets. In the process of making value assessment the Resettlement Implementation T am groups formed for the resettlement implementation will consult with the El s, and explain to Ihem the basis for arriving at a particular value. 6.10 Right to Salvage Materials All EPs may salvage materials or other items from tb -ir land before the demolition of the structures takes place, if any, including trees. EPs will be given at least a 6- month notice to move and before the scheduled s art of the civil works .The six month period will start after fair compensation of he project affected person .The stipulated period will enable the affected houschol I to relocate before the project starts. 6.11 Moving Arrangements PAPs will receive notice that they must relocate at least 6 months plior to the date they must move. Along with details of their entitle ments, the process for receiving compensation and assistance will be explained by t ie Resettlement Prnplementation team. 12-Jun-03 33 Phoenix KampalaGayaza.Zirobwe Road A4P 7 IMPLEMENTATION OF RESETTLEMEN F/COMPENSAT 7.1 Resettlement impacts and Mitigation measures Road projects change pattems of use of land, water, and o her natural resources and cause a range of resettlement impacts. Resettlement losses m( st often arise because of land acquisition, through expropriation and the use of regulato y measures, social networks, and social services can be disrupted. Productive assets, inclading land, incomc sources, and livelihoods can be lost. Cultural identity and potential fo - mutual help may be diminished. Loss of resources for subsistence and income may lead to exploitation of fragile people affected has no option, and must try to rebuild their lives, i icomes and assets base elsewhere. To ensure that some people are not disadvantaged in I ie process of development, it is important to avoid or minimize resettlement effects. If ri settlement is unavoidable, RAFU will help restore the quality of life and livelihoods of tI Dse affected. Thete may also be opportunities to improve the quality of life, particularly fi r vulnerable groups. All kinds of resettlement losses need mitigative measures, as set out in Table K. An integrated approach to impact management is preferred. 7.2 Major types of resettlement Impacts and mitig: ition measures required The resettlement impacts identified will be in form of cor Lpensation packages (entitlements) which is based on structures (shops, residences, etc), ci ops and loss of other assets. The mitigation measures for each impact is provided in the sui imary table K Summary Table:K Type of Impact Mitigation Measures Loss of productive assets, Compensation at replacer lent rates, or replacement, for lost including land, income and incomes and livelihoods Income substitution during re- livelihood establishment plus incomn restoration measures in the case of lost livelihoods. Loss of housing, possibly Compensation for lost sousing and associated assets at entire community structures, replacement rates; reloc: tion options including relocation systems and services site development if requi ed; plus measures o restore living standards. Loss of other assets Compensation at replacer lent rates or replacement Loss of community Replacement if possible or compensation at replacement resources, habitat, cultural rates; restoration measure s. sites and goods. 12-Jun-03 34 Phoenix Kampala-Gayaza.Z-obve Road RAP 7.3 Provision of Infrastructure and services The object of resettlement is that a community is replicated on a socially and economically viable basis. Therefore, community i ifrastructure musi be replaced and ideally improved in situations where it was defic ent. This includes installation of sanitary and waste product facilities and electric ty generation systems. Road links should also be established. The provision of water is key as without adequate sup )lies of water the community is not viable. This is particularly important when new If nds are being setted, without a previous history of settlement. The availability of w iter should be assessed before people are relocated to a new site. Services su( h as education iprimary and secondary schools and health facilities (dispensaries and clinics) should also be established in the new communities at the time peol le are settled. Ir cases where PAPs are actually resettled, infrastructure should be r rovided for in the plan. 7.4 Individual houses Buildings are officially categorised for valuation put ,oses as "temporary" (i.e. built with mud and wattle and grass) "semi-permanent" vith mud and wa&tle walls and corrugated iron roofs and "permanenf' (brick or con :rete walls) In accordance with the recent GOU policy decisions, compensation is payable on repla:ement basis. The affected people are entitled to compensation thiu ugh negotiation. They should be provided with full replacement cost for the lost st uctures. If people choose to build their own houses, they should receive compensation equi 'alent to the cost of materials plus labour, hired or their own. However, it is not recomm nded that people build their own houses, unless they insist on doing so. 7.5 Drinking water system In the event that access to drinking water suppl ers is affected temporarily or permanent, RAFU (the developer) is committed to providing access to altemative sources. Facilities can be provided either form borel oles or pumped supplies from a river, lake or wherever necessary. Consultations s iould be held with the relevant authorities over the most appropriate form of provisi )n. 7.6 Environmental Management Road development projects are bound to have thbir own environm-ntal impacts, which were identified during planning. The n settlement was subject to an environmental impact assessment. The environme ital management arrangements include: i) clear identification of key stakeholdei s ii) definition of roles and responsibilities iii) provision of resources for implement; tion 12-Jun-03 35 Phoenix Kampala-Gayaz-ZiTobwe Road RAP 7.7 Payment procedures of compensation certificate Signatories to the compensation certificate will incluc e, the recipient, Local Council representatives, member of the Parish Land Committe' and a RAFU representative. Compensation of amount more than Ushs 100,OOC'= will be made by cheque. Payment below Ushs 100000/=may be made in cash. On payment a receipt (based on a standard form) will be signed upon by the samne parties as above. Peasant communities are often unable to properly manage la rge sums of mon-y following compensation. Where applicable, the RAP should pro vide for training and assisting these communities to manage money, including facilit iting them to open and manage bank accounts. Such training is under the responsibili ty of RAFU. 7.8 Entitlement Framework Construction activities of the Project road will i esult in the displacement of considerable number of pcople other impacts will incl ide acquisition of land and loss of property and the destruction of crops along the lignment. The effects will be measured in terms of the number of properties losi size of property, the type of property (residential, business or commercial) and < wnership of such property for displaced affected persons (PAPs). The Resettlemei t Action Plan for the proposed road project describes and enumerates the extent o negative impacts likely to be imposed on the people and their property because of onstruction. The Plan presents the extent of the entitlement frar iework that will be adopted to minimise the impact and compensate for losses tl at will be experienced by the Project Affected Persons (PAPs). These entitlements are to cover the loss of land, stru stures and other assets, such as crops, houses, land, and stalls. The PAPs in this resl ect are entitled to a disturbance allowance (Town Planning Act 1964) and counseling on alternative assistance. Under the Land Acquisition Act (1965) compensation for property structures and other assets such as crops that will be lost to the pi oject are of important as far as compensation and relocation of communities is conc -med. The Land Act (1998) requires compensation to be a market value. The Valuer has applied market value assessment for property for aff ~cted. Assessmert to determine whether additional assistance is necessary to reach I *e real market value be put into account by the Chief Government Valuer. Compensation to the project affected persons (PA Is) will adequately address the losses based upon the entitlements approved by the Government of Uganda in application of the provisions of the Land Act (19 )8) and the Town and Country Planning Act of (1964) respectively. The entitle ment framework therefore will comprehensively address all of the resettlement i! sues that are predicted for the Project. The framework will conform to the legal frameworl of Uganda Law. In particular it will accommodate the provisions of the followings i icts and Statutes: 12-Jun.03 36 Phoenix Kampala.Oayaza-Zimbwe Road RAP * The Town and Country Planning Act (1964) * The National Environment Management Statute (195) * The Land Act (1998) * The Decentralisation Act (1997). 7.9 Resettlement and Compensation Two of the most important aspects of the Reset lement Action Plan will be resettlement of affected persons and compensation to t ntitled persons for loss of land and crops, either temporary or permanent. It is essential that compensation and resettlement will be handled promptly and fairly since many will judge the success of other mitigatic n measures by how these two issues are handled. The resettlement and compensation measures aim t) provide the population with improvement to the existing situation, not merely l re-establishment of existing levels that reflect a very low standard of living (NTE C 1988). This is necessary if affected persons are to be in a position to realise the overall benefits of the Project. Compensation and resettlement in respect to the proji ct road will concem individual households and owners of fields, which are located in the Direct Impact Zone/Corridor. 7.10 Host Population The affected communities will be encouraged to resettle within their existing community and the shortest distance from their pres rnt abodes in ord :r to preserve social cohesion and minimise the trauma of relocati in. If necessary, ineasures will be taken to ensure that host populations are not disad vantaged and that resources and land are ample for both parties. Discussions have already been held with the Local Councils to ascertain possible relocation sites and available land, which has to se verified, by the RIT before relocations are effected. Compensating host popula tions for the temporary or even permanent loss of some lands will be necessary. 7.11 Infrastructure and Social Improvement In selection of design options for the road upgi ading, the existing social and commercial entity of communities along the corrid )r was taken into account. For instance, at Bulami and Janda, options to bypass these communities were rejected because such options would severely affect the c mmunities from their principle trading market and thus adversely affect the fab- ic and integrity of the village commercial and social environment. 12-Jun-03 37 Phoenix Kampala4Gay-za-Zirobwe Road RAP Because such decisions have been made in the feasibil ity design process, the project works are not expected to adversely affect the exis :ing infrastructure and social systems within communities along the project route. Over the length of the project, relatively few people ire affected by tha works and require relocation, but nevertheless, compensation nust be set so that affected persons are not disadvantaged compared to others and can accrue the benefits realised by the road upgraded However the contr..ctor will take action in the replacement of power lines and water pipes in all iml acted areas. This will be done in close consultation with the line departments co icemed most importantly the Uganda Electricity Distribution Company and the N ational Water and Sewerage Corporation. 7.12 Participation of Chief Government Valuer in ti e Resettlement Activity The Chief Government Valuer is responsible for approving and determining the value of property and land and the level of compensa .ion for all the affected persons along the route. 7.13 Payment Procedure and Transparency There will be a well-coordinated paymentScompe nsation procedurm for all the affected persons along the alignment. The professional Valuer has conducted property valu ition and the Chief Government Valuer's Office has been instrumental in follow- ip of the exercise. The Chief Govemment Valuer's office will co-ordinate with ti e Resettlement Iriplementation team (RIT) and the Grievance Committees at the affected locations, established along the route for the purpose of resettlement imple nentation. The RIT will identify the properties affected and the LCs will assist in identifying the bona fide/lawful property owners to be compensate i. If a household asset is to be taken, compensation should be given to the legal titl :holder but if compensation is in form of a parcel of land or a structure, the regis ration will be in names of the titleholder, his/her spouse or children. Compensati )n will be conducted within the legal framework of Uganda Law. * The list of EPs shall be displayed, as a minimu m, in areas accessible for all the EPs and other PAPs. These public places shoul I preferably be LC Offices. * The entitlement framework for the replacemen. value will be communicated to all EPs and will be explained to the EPs and ott ers in village meetings organised by the RIT and Local Councils. * Disbursement of all payments due to the EPs s to be made in public meetings only. • A quarterly report on implementation of the R AP, which may be delineated as per District boundary and which must c ontain details of "assistance" compensation will be similarly displayed. 12-Jun-03 383 Phoenix KampalaGayan-Zirobwe Road RAP * A quarterly report on the grievance procedure a id the final award in all cases of grievances will also be displayed in the same pt blic places (speci ically mentioning the same name of the EP and the di: ference in awards before and after the grievance hearing). All decisions regal ding individual/group/community entitlements and tE e contents of all decision shall be made public. Payment of compensation and assistance will take p lace during public meetings with all the other EPs of the area included, and will be witnessed by the Grievance Committees formed for the resettlement implemei tation and the LCs relevant to particular sections of the Project. RAFU represental ives may be present. Grievance centers for registration of grievances w 11 be established at Sub-county offices at Kira, Nangambo, Busukuma, Kalagala an( Zirobwe. 7.14 Implementation Responsibilities and Proc dure RAFU are responsible for implementation of the R AP as part of the road upgrade project. Through the project, the GoU will technic illy and financial y assist PAPs with a rebuilding of their lives, livelihoods and socia I and economic networks. The RAP is a development package, not simply a we [fare solution. It will encourage PAPs to help themselves, by cnabling them to active ly participate in the selection of an appropriate compensation and assistance options. RAFU's function will be to implement and monilar the RAP and its associated activities. This will be accomplished by RAFI J establishing a Resettlement Implementation Team (RIT) whose functions are to i iclude: * Implementation of the resettlement action plan a long the route; * Organisation of meetings with Grievance Comnr ittee Members, Local Councils Officials when necessary to effect the resettlem nt action plan. The principle members of the RIT are: * Property Valuer (Consultant) to explain proper y valuation and compensation issues * District Land officer of a particular District on mu tters relating to land ownership and management. * RAFU that will explain some of the technical components to PAPs and the Grievance Committees members. * CAO or representative of CAO who is an adminih trator of the District * Local Chairperson of relevant Village * A Sociologist (optional) with responsibility to :stablish to the work of LCs, Grievance Committee members for PAP rep iresentation, survey baseline information, organise meetings with the LCs and 'ommunity, PAP. and local . 12-Jun-03 39 Phoenix Kampala-Oayaza-Zirobwn Road RA.P leaders, promote and report resettlement progress ncluding identifiation of social developments during implementation and potential rievances; The RIT with the help of the local leaders in ea rh village will identify affected persons and occupiers of affected land, and they M ill prepare a regi try of affected persons and properties. The Grievance Committe s represent the interests of the PAPs in the resettlement activities. The Land Acqu sition Act 1965 and Land Act of 1998, and Constitution of Uganda will form the leg; .1 basis of implementation of the Resettlement Action Plan. * To attach actual values to key indicators of the PAPs social and economic status and their vulnerability to social and ccoi omic changes as a result of the project; and * To provide a benchmark for further information needed to monitcr and evaluate EPs in the future. 7.15 Time Schedule for Implementation of the I tAP The schedule below (Table L) expects that all Prpject Affected Persons will be compensated and relocate themselves elsewhere. I esettlement, and in most cases compensation, should occur in the pre-construction I hase to avoid both delays in the project construction and stress to the PAPs. In gen :ral, all affected rersons should be given not less than six months to relocate thems Ives. Farming households will be allowed and given time to harvest all crops. 12-Jun-03 40 Phoenix Kampaia-Gayaza-Zirobwe Road RAP Table L: RAP Im lementa t Schedule: Latest start Responsibil Activity Duration dt t . ~~~ ~ ~ ~~~~~date ity 6 months (Compensation within 2 months Co.munity meetings, from notification notification and compensation and also date and issuance RIT and con. ensthe affected of the quit notice lune- 2003 Representati time for theaffeafter the ves of CGV persons to construct new compensation has houses for themselves. been finalized) After Quit notice to PAPs compensation; 2003 RAFU/RIT PAPs to be given 6 months to quit As required but a wo Months at specified period of 1 he beginng Grievance Grievance hearings Two months will elnto Committees be allocated for r&ea CGV task. If the plan. Monitoring and evaluation Conducted at 2003 - 2006 RIT levels Bi-monthly, until I-lT Reporting the end of the 2003 - 2006 activity _ _ - 12-Jun-03 41 Phoenix Kampala-Gayaza-Z-robwe Road RAP 7.16 Budget Costs for RAP Implementation The table M below shows figures that have been vt rifled and approved by the Chief Govemment Valuer for the actual budget cost o the Resettlement Action Plan implementation for the project. A budget for the otal costs for compensation and resettlement assistance paid by the project plus a 15% contingency as disturbance allowance, and the cost of implementation, has to bi effected. Table M: Summary Budgetfor Resettlement. Activity/Property Amount (Ushs) Age icy Remarks Res )onsible C'ompensation for 58,269,639 Goi erminent of A'ailo, land Ugc nida through fireehold, the Resettlement leasehold and Imp 'ementationi customary tear q(RIT) Structures 279,747,159 Gov ?rnment of 'Temporary, Ug(.'ida through senmi- the . UT pernianent a,nd permanent) and other -l frastructure) Crops and Trees 34,356,680 Gov 'rnment of r'hese crops Uga ida through include coffee the 'JT and banana _ _ matooke) Disturbance 372,373,478 Gov. rnment of :his is the allowance (Total Uga ida through v alue of all 15% disturbance) the iIT items before 15% ('isturbance 15% Disturbance 55,856,022 Gov4 rnment of The statutory Ugaeda through 15% the I IT disturbance based on six (6(months quit notice. Total 428,229,500 12-Jun-03 42 Phoenix Ka.pala.Gayaza-Zirobwe Road RAP 8 MONITORING AND EVALUA TION SYSTEM 8.1 Monitoring Mitigation Measures The objectives for monitoring the RAP activities of he project are to provide RAFU with an effective tool for assessing resettlement progress, identilying potential difficulties and problem areas, and providing an arly waming system for areas, which may need correcting. Some of the risks ass ciated with resett ement include impoverishment, and dependency; break down of community norms and mutual support systems. Monitoring can be carried out sp cialised groups who will report to the RIT. Ongoing evaluation will address complex social, cultural and economic issues. Monitoring will assess in particular the situatioi of the vulnerable groups in particular such as small and marginal landhold rs, unskilled laborers, mobile vendors, tribal populations, ethnic minorities, womc n, children, and the elderly and disabled persons. Baseline survey data is necessary to provide the benchmark for measuring and evaluating the success of the RAP. There is one n ason for the completion of the socio-economic surveys by the RIT prior to resettlenr ent implementation. Monitoring will cover the physical progress of l he resettlement site including preparation of land, construction of houses, constrv ction of facilities, provision of infrastructure and other necessities. The monitoring ;hould also cover the relocation of people and their goods to the new sites as well a s the allocation or replacement assets. Quarterly reports will be made to RAFU by ti te RIT 8.2 Indicators for Monitoring Developing an early waming system to alert manag4 rs of the RAP to any potential problems of the PAPs is essential. Selecting :ome sensitive indicators and monitoring them over time can accomplish this. Twc such indicators are the number of productive assets owned and the educational sti tus of children. For example PAPs maybe having difficulty if they are selling issets such as livestock, farm equipment and vehicles to satisfy basic needs. Progre ;s can be measured when PAPs purchase such things. Monitoring and reporting of the Resettlement pro} ramme will be effective and regular. Better monitoring and supervisory mechai ism in the project will keep seemingly minor problems from growing into ma or ones. The implementation agency MOWHC/RAFU will from time to time mon tor the plan and local councils and members of the grievance committees will compl ,ment its effort. 12-Jun-03 43 Phoenix Kampala-Gayaia.Zirobwe Road RAP The table below shows indicators to be monitor d: Table N Social Services in * Improvementofthe so-,ial amenities inthe Projectimpacli:d the Impacted areas: corridor. * Status of the new avail -d /Replaced social services. * Availability of power, wvater, Educational facilities, hea ih units to the relocates a id the host Communities. Means of Restored means of liv *ihood of the affi:cted Population livelihood: * Sufficiency of food air ong the impacted communities. * Improvement in means of production to needs of communities impacted by the project. * Improvement among tl e vulnerable groups to met the dail necessities of life. * Increase in the crop yic Id among the affec,ted communitie * Sustainability indicator; for means of livelihood. Income Generation * Possibility of increase i n the income generation among th. Activities: communities. * Increase in demand an( supply of good services during Resettlement activities. a Availability of Educati n provisions to the relocated children. * Accessibility of the imi acted population to education an:l skill training. Compensation * Effectiveness of the co rnpensation process. Issues and budget: * Constraints in respect to compensation. * Conditions of the comp ,nsated persons. * Standard of living of Pr ject affected Persons. a Grievances in respect tc grievance system. * Role of the community )ased Organisation in the resettlement * Number of old structure; demolished in period and in tota * Funds disbursed in time y manner Community * Participation of the Proj ,ct affected Persois in RAP Participation * Participation of the loca Leaders in all RAP and * Effectiveness of the Gri vance system. sensitization in a Effectiveness of the con munity meetings in RAP RAP: * Effectiveness of the loci I communities in identification Community health and Environment: * Nature of the environme it the project impacted persons livi in. * Availability of health se vices to communities. * Availability of water ai d sanitation facilities among the impacted communities. 1 2-Jun-03 44 Phoenix Kwnpala-Gay:za-Z,robwe Road RAP 8.3 Reporting Arrangements The RIT will be responsible for monitoring the proji ct. A performance standard will need to be developed to monitor the project at bo h the District and project level. Quarterly reports will be received from those in th: Districts and fed to the RAFU who will be responsible for the project level monito ing. Monitoring and evaluation will continue for two yea -s after the relocalion, but at less frequent intervals, for example annually. The benchmarks during the socio- economic surveys of the PAPs will be compared to evaluate changes in the socio- economic conditions of the PAPs. An independent Consultant with experience in r settlement activities could be engaged to carry out the evaluation of the implem :ntation of the resettlement and rehabilitation of the PAPs. Deficiencies in the resel :lement implementation shall be assessed and changes to procedures on future prc jects shall be recommended to ensure the problems do not occur. 8.4 Programme for Monitoring and Evaluation Having identified and determined the situation on the ground and based on the reactions of the consulted key stakeholders in the project corridor, the following approaches proposed to be used during the monitorin g and evaluation of resettlement and compensation activities of all the entitled person; along the route. 8.4.1 Periodic Reporting This is to be effected from the management level i RAFU) to co-ordination in the field (RIT). Arrangements will be made regarding I ie reporting system to be used. The responsible personnel should make all the repoi ting. The RIT Manager should be responsible for the field reporting exercise. RAFI I then should be responsible for submission of the reports to World Bank and Govermt nent Authorities. The reporting should be made bi-monthly. 8.4.2 Review of Field Activities Periodical field activity reviews will be undertaken. 'hese reviews should be done at field (RIT) and management (RAFU) levels of the )rogramme. The field activity reviews will report the outcomes of meetings, field vi; its with the local Councils, and meetings/discussions with project affected persons, f imilies and groups. RAFU and field staff should decide upon the frequency of such r ieetings. 8.4.3 Field Visits The RAFU Officer-in-Charge of the programme, wit i the field staff, 'A ill from time to time visit the field to assess the situation on the E round and confirm progress of the resettlement activity along the route. Analysis of he information gathered from l2-Jun-03 45 Phoenix Karpala-Gayoa-Zirobwe Road RAP such visits could be helpful in finding in finding solutions to potential problems during the resettlement exercise. 8.5 Resettlement Implementation and End of Pro yramme Evaluation Resettlement implementation evaluation will be cor ducted to ensure that checks and balances are effected for the successful implementai ion of the project. Mid-term and end-of-activity evaluation will be conducted. End of resettlement activity evaluation will be cond icted towards the final stages of the activity. This activity will attract team ml mbers from line Government Ministries, the World Bank, RAFU, NGOs and CB(Os, and local leaders in the direct impact project zones. 12-Jun-03 46 Phoenix * 4 . b Karnpala-Gayaza-Bugema-Zwobwe Road R,P APPENDIX PlhoenBi 'r I I 4F Kampala-Gayaza-R.grla-ZirobWc Road RAP APPENDIX List of Participants in Cornmunit) Consultations Pho ,Ix Karnpala-Gayaza-Zirobwc Road R.P APPENDIX LIST OF PARTICIPARTS IN9 COMMWUNITY CONSULTATIONS NAME DESIGNATION IN COMMUNITY Gyagenda J. Chairman - Lubanyi LC I Kalema L. Vice Chairman - Lubanyi LC I Katuma Isma Secretary - Lubanyi LC I Bukenya D. Defence Secretary - Lubanyi LC I Nakalema R. Treasurer - Lubanyi LC I Galiwango H. Production Secretary - Lubanyi LC I Semambo P. Information Secretary - Lubanyi LC I , Mwesigwa Youth Secretary - Lubanyi LC I Ratifa Secretary for disabled - Lubanyi LC I Nakiyimba M. Women Secretary - Lubanyi LC I Kizito Ssematimba Chairman - Busiika LC I Nakachwa Janat Vice Chairperson - Busiika LC I Kinene Badru Secretary - Busiika LC I Sendege Simon Richard Defence Secretary - Busiika LC I Nansikombi Dezi Treasurer - Busiika LC I Mrs. Nsereko Production & Environment Secretary Kalyowa Dirisa Information Secretary - Busiika LC I Nansubuga Masitula Women Secretary - Busiika LC I Mubiru Youth Secretary - Busiika LC I Mutyebere Peter Secretary for disabled - Busiika LC I Makona Umaru Chairperson --Zirobwe Central LC I Nalongo Zansanze M. Vice Chairperson - Zirobwe Central LC I Kasumba A Secretary - Zirobwe Central LC I Sowedi Kakumi Defence Secretary - Zirobwe Central LC I Sseguya Joyce Production Secretary - Zirobwe Central LC I Ssetuba Kayiwa Information Secretary - Zirobwe Central LC I Najjemba Khadigya Treasurer - Zirobwe Central LC I Rugyabu Tamusuza *Youth Secretary - Zirobwe Central LC I Lwasa Stewart Chainnan - Bulami LC II Kyakulidde God Chairman - Bulami Kabulanaka LC I Bukirwa Christina - Vice Chairperson - Bulami Kabulanaka LC I Bonny Muhenga Secretary - Bulami Kabulanaka LC I Weyawula Joseph Secretary Defence - Bulami Kabulanaka LC I Kamau Fred Secretary Youth - Bulami Kabulanaka LC I M K Joyce Ssenabulya Secretary Women - Bulami Kabulanaka LC I Sseguya Annet Secretary Environment - Bulami Kabulanaka LC I Kato Martine Mass Mobiliser - Bulami Kabulanaka LC I Treasurer - Bulami Kabulanaka LC I Bayego Joseph Land Lord - Bulami Kabulanaka LC I Wafula Chairman - Nalyamagonja LC I Kintu Chairman - Kabanyolo Village LC I Kaaya Chairman - Kabanyolo Maurik LC I Salongo Ntege Muwanga Chairman - Gayaza 'B' LC I Musoke Chairman - Gayaza 'A' LC I Mbooge Issa Chairman - Nangabo Subcounty 12-Jun-03 xlvii Phoenix