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RP1 00Volume 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 REPORTA

IFOR!IVAtION UJNITRAF 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

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29th May 2003

ROAD SECTOR INSTITUTIONAL SUPPORT TEC' INICAL ASSISTANCEPROJECT

(RSI STAP)RESETTLEMENT ACTION PLAN FINAL REPOR1' - PART APackage 1: Kampala-Zirobwe RoadDecember 2002

Response to comments arisine from the Resettlement %ction plan

The overall comments on the Kampala-Zirobwe road ha 'e been carefully attended to ancsubsequently incorporated in the final report.

Detailed comments.Section 4.3 Project impacts 4 On the project aff -cted properties has been done inthe 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 systemsPage 34 a summary table for details of compensation packages (entitlements) was noldone as suggested preferred. This was because of the nature of categorization of thi.valuation report having not differentiated structures -aid types of crops. Howeverdescriptive explanation is given in the text after the table K, section 7.2Section 6.5 Inventory and registrationPage 31 the two paragraphs have been rewritten and tl.e cut-off date ascertained as th.,period of property inventory and census being Septembe 2002Section 7.16 BudgetThe budget on page 41 has been modified and accordinl,ly detailed in a summary table asuggested.Section 8. ResettlementThe anomalies have been corrected.Section 9 MonitoringIt has been streamlined and unnecessary dire consequ nces like malnuirition, increase'morbidity deleted on page 43. Some suggested benchm irk indicators recommended havbeen included.

Kampala-Gayam-Zirobwe Road RAP

RESETTLEMENT/LAND ACQUISITI ON ACTION P

TABLE OF CONTEN- S

TERMINOLOGY AND DEFINITIONS iKEY CONCEPTS OF RESETTLEMENT iv

EXECUTIVE SUMMARY vi1. INTRODUCTION I

1.1 Background 11.2 The Project Road 11. 2.1 Location of the Project Alignment 21.2.2 The Project Road 31.3 Objective of the Resettlement Action Plan 51.4 Approach and Methodology of Social Assess ment 61.5 Structure of Final Report 7

2. POLICY, LEGAL AND INSTITUTIONAL F lAMEWORK 82.1 Policy Basis 82.2 Institutional Responsibilities 82.3 Legal Framework, Laws and Regulations 92.4 Donor Safeguards Policies on Resettlement 92.5 Difference of Ugandan Laws and the World Bank Policy on resettlement li2.6 Land Ownership 102.7 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 13.1.2 Demographic Structure 1.3.1.3 Population Density I.

3.1.4 Urban and Rural Population IA3.1.5 Social Organisationt 1 '

3.1.6 Ethnic Groups l.3.2 Land Tenure 13.2.1 Mailo Tenure 193.2.2 Freehold and Leasehold Tenures 13.2.3 Customary and Urban Land Tenure 1c3.3 Livelihood of Communities along the aligni aent: 1i3.3.1 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 13.4.2 Water Supply. 1D3.4.3 Public Health 1 -3.4.4 HIV/AIDS Control 103.4.5 Schools 1 13.5 Settlement Pattern Along the Road 2 L

4 PROJECT IMPACTS

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Kampala-Gayaza-Zirobwe Road RAP

4.1 Minimisation of Resettlement Impacts 224.2 Resettlement of PAPs 224.3 Sites Affected by the Project 234.4 Profile of Project Affected Persons 244.5 Cutting of economic valuable trees 244.6 Loss of agricultural production 244.7 Demolition of structures 25

5 COMMUNITY PARTICIPATION AND CONSULTATION 265.1 Stakeholders Analysis 265.2 Consultation Strategy 275.3 Consolidation of Monitoring and Evaluation Systems with Stakeholders 275.4 Involvement of CBOs 27

6 COMPENSATION SYSTEM 286.1 Inventory of impact of individual and comm unal properties 286.2 Criteria and Strategy for Compensation fos land, houses, crops and otherproperty 286.3 Resettlement Options 286.4 Notification 296.5 Inventory and Registration of Affected Prol erties and Persons 296.6 Compensation Rates 316.7 Grievance Procedure and Redress. 316.8 Flexibility and Contingency Management 31.6.9 Market Value Assessment 326.10 Right to Salvage Materials 326.11 Moving Arrangements 32;

7 IMPLEMENTATION OF RESETTLEMENI /COMPENSATION PLAN 347.1 Resettlement impacts and Mitigation measi res 31I7.2 Major types of resettlement Impacts and mi :igation measures required 347.4 Individual houses 3!7.5 Drinking water system 37.6 Environmental Management K7.7 Payment procedures of compensation certil icate 3i7.8 Entitlement Framework 317.9 Resettlement and Compensation 3,7.10 Host Population 37.11 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 357.15 Time Schedule for Implementation of the S AP 4117.16 Budget Costs for RAP Implementation 4;

8 MONITORING AND EVALUATION SYST] CM 4'8.1 Monitoring Mitigation Measures 4;i8.2 Indicators for Monitoring 418.3 Reporting Arrangements 4:8.4 Programme for Monitoring and Evaluatios 48.4.1 Periodic Reporting 48.4.2 Review of Field Activities 48.4.3 Field Visits 48.5 Resettlement Implementation and End of I rogramme Evaluation 4

APPENDIX

List of Participants in Community Consultations

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Kampala-Cayma-Zirobwe Road RAP

TERMINOLOGY AND DEF [NITIONS

Community Based Organisations (CBOs):Small representative groups which normally voluntar- operate at the village and LCIlevel.

Chief Government Valuer (CGV)

The Chief Government Valuer is mandated on behal 'of Government to approve thevalue of property, land and the level of compensati n for all the aff.ccted personsalong 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/orcompensation as they will be relocated or otherwise .Lffected by the Project. EPs aredeemed to include persons entitled to compensation under the legal framework ofUganda Law.

Head of the Household:Head of the Household is defined as the eldest nember of core family in thehousehold, for the purpose of the project.

Household Unit:The Household Unit is defined as a group of per! ons, blood-related or not, whocommonly live together and would take their food fr im a common kitchen unless theexigencies 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, allmembers share in the compensation and assistance, although the compensation willbe paid to the titleholder. It is up to the househ Id unit to distribute assistanceamongst 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 thelosses caused by the project. If a household or fa -nily has several adult memberswho will lose their incomes, all will be compensatec.

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Kamplaa-Gyaza-Zirobwe Road RAP

Private property owners:Private property owners are persons who have legal itle to structures, land or otherassets and are accordingly entitled to compensation u ider the Land Aci. In the caseof a joint title deed, the replacement land or cash coi ipensation will be given to thejoint holders who will be treated as a unit.

Project Affected Groups (PAGs):Project Affected Groups are groups or communities, which may be affected by theproject. A group is generally limited by geograph cal location. As far as groupentitlement is concemed, there is increased attention for the weaker less representedgroups in society.

Project Affected Households (PAHs:)Project Affected Households are households on w iich, as a household unit, theProject may impact.

Project Affected Persons (PAPs):Project Affected Persons are individuals on whom the Project may impact eitherdirectly or indirectly.

All PAPs are entitled to restoration of their standards of living and compensation forthe material losses they suffer, plus entitlement t share in the project benefits.Compensation for assets will cover full replacer ient cost. No deductions ordiscounts will be applied to the compensation an ount for depreciation or otherreasons.

PAPs deriving an economic benefit from the affecte d land and property are entitledto receive rehabilitation benefits in addition to the cc mpensation for their assets lost.Those PAPs without title, authorization or legal permission to reside, conductbusiness, cultivate land or construct structures are e igible for rehabilitation of theirlivelihoods and compensation for their assets on ai equal footing with those withformal legal title, authorization or permissions to the assets.

Rehabilitation:Rehabilitation means the restoration of the PAPs' re ource capacity to continue withproductive activities or lifestyles at a level higher oi at least equal to that before theproject.

Resettlement:Resettlement means to provide the arrangement ol product and livelihood for thePAPs 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.

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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).

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KEY CONCEPTS OF RESETTLEMENT

Replacement CostThe World Bank policies require that all affected; ssets (land and structures) becompensated at their replacement cost. Replacemei it cost of an affected asset isequivalent to the amount required to replace the assel in its existing condition. Sincein most of the Borrower countries, and especially at :he project sites, Ihere may notbe markets in old housing that function well, the replacement cost of structuresshould be equal to the cost of constructing / purch ising a new structure, withoutmaking any deductions for depreciation.

The legal frameworks of many countries do not provi, le compensation at replacementcost. The Bank accepts a combination of compensal ion permissible under the locallegal regimes with other allowances (with variable 1-.rminology) so that the total isequal to the replacement cost of affected assets.

*. Income RestorationRestoration of the incomes of all the affect:d persons is one of the keyobjectives of the Bank's resettlement policy. It requires that aftel resettlement,all of the affected persons should have incomes, which are at leas-. equivalent totheir pre-project income levels.

Restoration of incomes, the standards of living End the productivity levels of theaffected persons constitute the core of the Ban 's resettlement policy. Thoughresettlement programs should be designed to help improve the standards ofliving and income levels of the affected popu ation, they must minimally berestored.Resettlement planning is one of the main mechbnisms through which the Bankand the Borrower work towards ensuring that he incomes of all categories ofaffected persons are restored after resettlement.

*> Squatters and EncroachersSquatters and encroachers are persons witho it legal titles to the land andstructures occupied / used by them. The term "Squatters" is typically used forthose 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 cannotbe 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.

*> DisplacementDisplacement is the impact that necessitates itsettlement of aflected persons.Displacement could be physical, i.e. where the affected persons are required torelocate, or economic, where the impact of los of incomes forces the affectedpersons to move or to initiate alternative strateg ies of income restoration.

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Kampala-iayaza-Zirobwe Road RAP

C*> Project -Affected Persons:Persons affected by land acquisition, relocation, )r losses of inconres associatedwith 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 ofbaseline surveys, some of the resettlement e ntitlements could actually beprovided to the households as units of entitlemer t.

*> Linear Resettlement:Linear resettlement is usually involved in proje :ts producing linear pattems ofland acquisition (highways, railways, canals, po ver transmission lines etc ...). Itis differentiated from site-specific resettlement because of the problems thatarise when resettlement actions have to bc coordinated across multiplejurisdictions and different cultural and linguistic areas.

*- Urban Resettlement:Resettlement in urban or pre-urban settings i; usually referrecd to as urbanresettlement. It is differentiated from rural r settlement since the types ofproblems involved and the strategies proposed t) address them are substantiallydifferent from those in rural resettlement.

*. Indigenous Peoples:Project where resettlement of indigenous people; is required need to be preparedand implemented with extreme sensitivity to th socio-cultural requirements ofindigenous groups. The Bank's OP 4.12 dea ls with issues in developmentpr ojects with indigenous peoples. Where IPs nec d to be resettled in a project, therequirements 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 ideallyconducted early in the resettlement planning prc sess:a. A census of all affected persons and assets, mdb. 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 programsc. 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 forimplementation, etc. can only be worked out )nce the baseline surveys arecompleted.

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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) whichcovers expenditure for recurrent periodic maintenance, improvements of the classifiedmain road network and district/urban roads, and instituti Dnal reform. Phase 2 of the RoadDevelopment Programme (RDPP2) includes a feasibili y study and detailed engineeringdesign 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 andcompensation issues in accordance with Uganda's legal mnd administrative framework, hasbought into sharp focus the need for extensive communil y consultation andl development ofresettlement action plans. These matters are being advanced in accord with the WorldBank's developing policy on involuntary settlement. In June 2001, RAFU ran stakeholdemworkshops on Land Acquisition, Compensation and Res ,ttlement, and subsequently issueda draft report titled RDP: Resettlement and Land Acquis tion Framework, June 2001.

This Resettlement Action Plan for the Kampala-Gayaza Zirobwe- Road project is preparecin accordance with the RAFU Resettlement and .-and Acquisition Framework o:November 2001 report and is consistent with the V' orld Bank policy on involuntarysettlement as presented to the June stakeholder worksl ops and in other meetings held althat 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 compensatesand their standards of living will be improved or at lea! t restored to the pre-project levelsTo 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 ithe Ministry of Works, Housing and Communicati n Resettlement/Land Acquisitio:iPolicy 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 clresettlement/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 takinto account the existence of the institutional framework and application of the leg;!framework within the context of Uganda Law.

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Kampala-Gayna.-Zirobw- Road RAP

The main objective of land acquisition and resettleme it is to ensure that the displacedpeople 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 theproject, i.e. at the planning and feasibility stages, and throughout the project cycle. Indeveloping this Resettlement/land acquisition action pla n constant reference was made toRAFU's current policy framework.

In the context of the road sector in Uganda there Ire three actors involved in theresettlemcnt. These are the Ministry of water, Lands anc Environment (comnpensation), thePrime Minister's Office (Resettlement) and RAFU (lead Agency). RAFU, as a LeadAgency of the Road Development Programme Pha e l(RDPPI) is responsible forresettlement 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 backup and support of the institutional arrangement the Republic of Uganda anddecentralisation process in the Districts. The plannec project activities will have legalimpact on the stakeholders and the development potertial along the corridor. Impact ismanifested in social, political and the economic standai ds of the people and the area. Thcposition of the govemment of Uganda in relation to coi ipensation to be paid if damage iscaused 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 whencthe project area lies, was 2.6 million people in June 2000, according to the mid-yearpopulation projections estimated by the Uganda Bureau of Statistics.Within the project area, density is higher in the Kampal i District (over 5000 hh/km2 inKawempe 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, coloniaregulations, 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 fcthese 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 1ielectricity for lighting. The main source of water is the oF n well or spring, others are, stream (iriver, protected wells or springs, and boreholes.

According to the 1997 Health Services Inventory, geog aphical access to health facilities iWakiso 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.

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Ktampala-Gayaza-Zirobve Road RA.P

The first section of the road (14 km paved) traverses the high densely populated andcommercially busy area of Kampala north in Kawempt division. From Km 0 (Kalerweround-about) to Km 4.7 (Mpererwe junction) the roadsih e is exclusively occupied with anintense commercial activity carried out in market arcas (Kalerwe market), permanentshops, temporary stalls and tables and with a continuous presence (day anm night) of manypedestrians, bicycles and motor vehicles.

4. Project Impacts

The main principles underlying the proposed approach t( minimising the adverse effects ofresettlement 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 remairin place, and after gazetting of the road reserve the ,onstruction of new buildings willbe prohibited.

* Crops and trees cutting is limited to crops and trees encroaching on the road structurcand those within areas required for traffic diversion, haul roads, borrow pit operationsand other road construction requirements.

* Land acquisition is limited to areas where the propc sed road structure deviates outsidethe declared existing road reserve. Acquisition w 11 be to the full width of the roaclreserve to be gazetted.

The main impact of the Project construction works, in the context of this report, is thcdestruction 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 othetpermanent constructions are so affected. The road upl rading design, wlbich purposefulh.optimised engineering criteria and resettlement/soc al issues, limits the degree odemolition 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 treesLoss of Agricultural productionDemolition 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 anresettlement activities.

The Local Council Officials (LCI and LC II) and & a villagers have high expectatiorregarding 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..

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Kampala-Gayana-Zirobwe Road RAP

cooperative arrangements. Their participation and inpi t in the consultation process hasbeen invaluable and will continue to be so during ii iplementation of mitigation andmonitoring resettlement activities.

As part of consultation process already undertaken, inter 3sted private sector institutionsand NGOs have been provided an opportunity to particif ate in the resettletnent planningprocess. To effect the Resettlement Action Plan, RAFU vill formn a ResettlementImplementation 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 andpurposeful evaluation will be key factors during the imp ementation succeisfulresettlement activities.

6. Compensation System

Affected persons irrespective of their status (whether hey have formal title, legalizablerights, non-legalizable) are eligible for some kind of as sistance if they occupied the landbefore the entitlement cut-off the entitlement cut-off refi rs to the time when the assessmenlof 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 theongoing community consultation. The registration proci dure for affected properties andpersons will consist of formal notification to the affecte i people and the establishment ofso-called "cut-off' and the "actual" registration of the a ffected persons. Mledia accessibleto 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 landacquisition by the project. A system must be put in plan e to settle these issues amicablythrough 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 isimportant 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 beopportunities to improve the quality of life, particularl) for vulnerable groups. Two of themost important aspects of the Resettlement Action Plai will be resettlement of affectedpersons and compensation to entitled persons for loss c f land and crops, either temporaryor permanent.

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Ka.pala-Gayama-Zimob-o Road R4P

8. Monitoring and Evaluation

Ongoing evaluation will address complex social, cultural and economic issues. Monitoringwill assess in particular the situation of the vulnerable t roups such as small and marginallandholders, 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 preparationof land, construction of houses, construction of facilities provision of infrastructure andother necessities. The monitoring should also cover the elocation of people and theirgoods to the new sites as well as the allocation of replac :ment assets. Quarterly reportswill be made to RAFU by the RIT. The total package fo r the resettlement will coverUganda Shilling 428,229,500

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KampalaAiayoza-Zirobve Road RAP

1. INTRODUCTION

1.1 Background

The Govemment of Uganda is implementing, throut h the Road Agenzy FormationUnit (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, andinstitutional reform. Phase 2 of the Road Deve opment Programme (RDPP2)includes a feasibility study and detailed engineering design with production of biddocumentation for upgrading the Kampala-Gayaza-Z robwe- alignment being carriedout by PHOENIX. Expenditure for the physical works to upgrade the road isincluded in RDPP3 (Phase 3 of the Road Developmei it Programme).

The RDPP2 work is in progress. The Feasibilil y Study Final Report for theKampala-Gayaza-Zirobwe Road upgrading projec, which included social andEnvironmental Impact Assessment, were done X nd subsequently the detailedengineering design and bid documentation foll wed. The EIA included aresettlement impact assessment with identificatic n of compensation and landacquisition costs; construction of the physical work; under RDPP3 is scheduled tocommence in year 2003.

The implementation of the ten-year programme wot ks and the need to resolve landand compensation issues in accordance with Uganda's legal and administrativeframework, has bought into sharp focus the n ed for extensive communityconsultation and development of resettlement action plans. These matters are beingadvanced in accord with the World Bank's de% -loping policy on involuntarysettlement. 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 isprepared in accordance with the RAFU Reset lement and Land AcquisitionFramework of November 2001 report and is consist ent with the World Bank policyon involuntary settlement as presented to the June stakeholder workshops and inother meetings held at that time.

1.2 The Project Road

The Kampala-Gayaza-Zirobwe-Road Project (under RDPP2) is to study and thenprepare detailed design drawings and documentatios for upgrading tho road betweenKampala and Zirobwe, via Gayaza and Bugema. From Kampala to Gayaza, theexisting road is paved and beyond Gayaza through t a Zirobwe, the existing road is agravel road.

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K.mpala-Gayaia-Zirobwe Road RAP

Table B: Administrative units in the area inJi 'Aenced by the project road

Distrits County Sub-CounLy Paris) -

KawempeKampala (division) Male Female

Busukuma - ',uluddene 2700 900Kyambogo Kikoko - Kiwenda 4 800 4800

Wakiso Kyadondo J Magigye 3_,500 _Bulami - Gayaza 5 200 6,900

Nangabo Abode - Mazola 5,200 4,700Wampewo 7,900Busika - Busc Ke 3,800 4,300

Kalagala Kamira -Vvu nba 5,800 5,800

Luweero Zirobwe Bubuubi - Bukimu 3,500 7,500Zirobwe e Z wKabulanaka - Kakakala 3,900 6,600Zurobwe 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 ofKampala, Wakiso, Nakasongola, Mukono and Luv eero. The project road passesthrough Kawempe Division, Nangabo, Busukuma, Kalagala, Zirobwe, and Sub-Counties. The area has a potential for livestock farm ng and agriculture developmentand it is one of the more densely populated region; of Uganda. The project roadserves over 26 educational institutions, 2 agricultural research institutions andvarious rural development projects such as poultry p oduction for local consumptionand 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. I<ayuna W

@ s}t salut z mJ tt~~~Klag

F.3!,,N II.>z_ ,> 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 theKalerwe roundabout on the Bombo Road and ini ially passes thro igh the urbanfringe of Kampala (4.5km). It then traverses (9km through a rural environment inrolling terrain to Gayaza. The Gayaza- Zirobwe- toad is a murram (gravel) road(53.9km). From Gayaza, the road traverses ferti e agricultural coantryside in arolling terrain via Bugema.

The project road is divided into sections, where there is homogeneity of trafficfeatures, 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 asillustrated 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:

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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 theresettlement and rehabilitation of Project Affected Pt rsons (PAPs) so that their losseswill be compensated and their standards of livin., will be improved or at leastrestored to the pre-project levels. To achieve this objective the Plan provides forrehabilitation measures so that the income earni ig potential of iidividuals arerestored 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 bythe need to acquire land;

* to identify, through consultation, appropriatc options for resettlement andcompensation of project affected persons (PAI 's), which accord with the legalrequirements of Uganda Law and are consistc nt with the relevant policies ofRAFU and the World Bank; and

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Ka.a.Gaya"a-Zirob-e Road RAP

* to determine a process for the successful ai d timely implementation ofresettlement, compensation and land acquisitiox, consistent with the Projectobjectives.

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 theresettlement activities, baseline data is collected an I potential direct and indirectimpacts to the affected persons are identified and ana ysed. Mitigation measures arethen put in place to address negative impacts and co npensatory plans are designedand recommended.

For this report, relevant documents on resettlement p ans and guiding reports on thelegal framework in respect to the situation for Ugand tns were reviewecl. In additionfield surveys, field data collection, formal and infort ial interviews were canied outwith project-affected persons, local council officials, and representatives of NGOsand peoples organisations in the area. Religious an I govemment institutions werealso consulted. Interviews were carried out to ascerta n the disinterested views of theproject-affected persons about the relocation process.

* Literature Review: This involved reviewing historical and current studies, andcensus data, social economic status, community s ructure, land use, infrastructureand services profile along the existing align nent. Much of the literaturereviewed was current and relevant to the resettlei lent plan.

* Field Surveys: Reconnaissance surveys were ca rried out along the alignment toscreen out resources, facilities and services io be affected by the project.Analysis of the field survey data consolidated thc nature of recommendations putforward for the successful implementation of he resettlement plan along theproject road.

* Site Visits and Participatory Rapid Appraisal: The consultant visited varioussites along the alignment. Critical examination v as mainly focusedt on the natureof people to be relocated, community resources to be affected and the nature ofeconomic activities to be disrupted as a result of the project.

* Focus Groups Discussion: A number of focus group discussions wereorganised 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 developmentpotential to be affected by the resettlement proc( ss, at construction and afterconstruction stages; attitude towards resettlement, c( mpensation, land takes. Alsodiscussed were gender specifics benefits and replacex lent cost value for the affectedpersons.

* 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 aboutresettlement and compensation issues.

* Formal Interviews: Multiple non-structured fon aal interviews were held with anumber of stakeholders most especially the Buga ida Land Board officials, LocalCouncil officials along the alignment, repres.,ntatives of the Kabaka andgovermment officials.

* Public Consultation: Comprehensive communi y consultations were held withcommunities along the alignment. During const Itation meetings, the consultedcommunities were concerned about timely and fair compensation. Althoughcommunities were in favour of the road project, they were conceried that delayin 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 threevolumes 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

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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 isbased on the Ministry of Works, Housing and Com nunication Resettlement/LandAcquisition Policy Framework, November 2001. The resettlement/acquisition policycontains the following elements; institutional and leg il framework, soc io-economicprofile including baseline surveys, community partic pation, compensation system,implementation of resettlement/compensation, pro vision of infras-:ructure andservices, resettlement budget, monitoring and evaluati zn system.

The resettlement plan for the Kampala-Gayaza-Zirot we Road Upgrade Project willtake into account the existence of the institutional fro mework and applhcation of thelegal framework within the context of Uganda Law.

The main objective of land acquisition and reset.lement is to ensure that thedisplaced people receive benefits from the di ;placing project. Involuntaryresettlement, therefore, should be an integral part of he RDPPI projects and shouldbe handled at the onset of the project, i.e. at the plan ning and feasibility stages, andthroughout the project cycle. In developing this Rese tlement/land acquisition actionplan 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 theresettlement. These are the Ministry of wat !r, Lands and Environment(compensation), the Prime Minister's Office (Re settlement) and RAFU (LeadAgency). RAFU, as a Lead Agency of the Road Dlevelopment Programme Phasel(RDPPI) is responsible for resettlement and iden ifying and coordinating all theother players in road resettlement. RAFU will liai se with the MOVIHC on thesematters.

All organizations that have a role to play in th implementation of a projectresettlement plan should be identified during the pla ining stage and should have theopportunity to contributed their points of view as to how their function is basecarried out and what constraints there might be. T here should no surprises duringplan implementation.

Resettlement action plan / activities for the proposec project will depend on the legalback up and support of the institutional arrangemcnt the Republic cf Uganda anddecentralisation process in the Districts. The plar ned project activities will havelegal 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 andthe area.

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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 ifdamage is caused to land is clear under the 1995 ( onstitution and other UgandaLaws. The legal framework within which resettlen ent and compensation shouldtake 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 thatdisplaced persons should be compensated at full ieplacement cost, assisted withrelocation/resettlement and during transition peri d. The developer should beencouraged to offer replacement land rather than cash compensation when theresidual land holdings are not economically viable.

The overall objectives of the World Bank policy on Involuntary resettlement has thefollowing 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 conceivedand executive as sustainable development pr igram, providing sufficient

investment resources to enable the persons disl laced by the project to share inproject benefits.

c) Displaced persons should be assisted in their efforts to improve theirlivelihoods and standards of living or at leas to restore them, in real terms, topre-displaced levels or to levels prevailing arior to the beginning of projectimplementation, which is higher.

The World Bank policy covers direct economic ar d social impacts that both resultfrom Bank-assisted investment projects causedi by involuntary resettlement,regardless of the source of funding. The Bank also I rovides for a borrower to preparea resettlement plan or a resettlement policy framev ork. There are measures are part

12-Jun-03 9 Phoenix


of the resettlement plan, including the impacts f om physical relocation and timelikely to be needed to restore their livelihood and standards of living. The WorldBank preference is given to land-based resettlemenl strategies for displaced personswhose 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 onresettlement. While the Ugandan laws restrict th ,mselves to fair, adequate andprompt compensation (Which is interpreted to mea n cash), the World Bank policyextends it to providing altemative land and resettlini the persons.

The World Bank requirements are more favorable tc PAPs than the provisions ofUgandan Law. The Government of Uganda does not wish to set prececdents as tocompensation amounts. However, GOU is strongly i ommitted to fulfi'l World Bankrequirements. Appropriate compensation approache: are therefore needed, with afirst part of compensation meeting Ugandan Law requ: rements, and an additional upliftaiming at complying with World Bank requirements whe e they are not complied with by thesole Ugandan provisions

2.6 Land Ownership

There is a diversity of land ownership along the rigl t of way but the most prominentland holding, according to the available is cadastral information and iitle deeds, andfrom the observations and discussions with the var ous communities, Mailo land isprominent between Kampala and Zirobwe. On tl e Mailo land tenure; there aredifferent ownership interests between the registereJ owners and lawful occupants.All those with vested interests therefore will bc treated fairly during the landacquisition and compensation. Serious scrutiny of ( wnership will be affected duringcadastral survey and community consultations at the local level.

For the purposes of this road project, the followini major categories of people willhave 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 fromthese various systems with a view to stimulating development and preserving theenvironment. Article 26 of the 1995 Constitutii n of the Republic of Ugandaempowers individuals to own property and also protects them frcm compulsorydeprivation of such property. The article further sl ites that if such property (in thiscase land) is required for public use or interest, the affected individual be adequatelycompensated. Clause 4 and 5 of Article 237 fur her provide that customary andleasehold tenure systems can be converted to freehc Id by registration and in

12-Jun-03 10 Phovnix


accordance with a law to be made by Parliament r spectively. Statutory leases byurban authorities are also affected. In essence, the 1995 constitution seeks to givemore 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 personsin particular. There will be strong need to develop a program that allows the affectedpersons to be informed and to have a local centre oi project office which can impartinformation on the resettlement activities and associ, ited stages and also serve to hearcomplaints. 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 countyheadquarters along the impacted cofridor.

2.8 Community Participation and Involvemen: of Local Councils

Community participation and consultation are esse atial elements of environmentalmanagement of roads that ensure that the commi.nity is include irn the decisionmaking process. It is therefore necessary to de elop procedures and skills forinforming 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 otherminorities.

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 forinvolvement of all stakeholders who will include pn ject beneficiaries those likely tobe adversely affected and other stakeholders who nay have an intelest in the roaddevelopment programme for one reason or another. As a matter of stiategy, public12-Jun-03 11 Phoenix

Kampala-Gayaza-Zirmbwe Road RAP

consultation and involvement should be an ongoing ctivity taking place through outthe entire project cycle and should include the follow ing:

* Public consultation before the inception c f the project and before theenvironmental and social study is done.

* Public consultation during the environment;.1 and social impact study andduring 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 GovernmentDistrict authorities manage most of the land in the r iral areas. These institutions arestakeholders in settlement activities. They shoi Id be consulted in planningresettlement, and should play a key role in implemei tation at grass roots levels. LCsshould participate in managing resettlement activitie;.

During the planning stages of the project it wi I be necessary to assist localauthorities in dealing with project impacts. The in 'olvement and gradual capacitybuilding of local authorities is a good option. This ci.sures transparency and a degreeof community participation in project planning an I implementation. The NationalEnvironmental Statue (1995) provides for loct I and District EnvironmentalCommittees as part of the EIA procedure.

The established Grievance Committee member', are communily based andunderstand the community better. The Grievance C ommittees will form a platformfor which the PAPs will channel their grievances. Tl e Committee members will starttheir work during surveying and property valuation.

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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 unitswhere the project area lies, was 2.6 million people in June 2000, aczording to themid-year population projections estimated by the Up anda Bureau of Slatistics, basedon the projection of the official series shown belo v (Table D). The inter-censusgrowth rate of the three Districts affected by the pro ect area increasec from 2.5% in1969-80 to 2.6% in 1980-91, contrary to the natonal demographic trend whichreflected 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 rateDlstricts 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 lWakiso 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 ITotal 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 2I 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'spopulation 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 totalpopulation of 1.5 million persons that is double tie population recorded in 1991census. 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 corelabour force, is 47 %. Males outnumber females in the age group 1- 15 years, whilefemales 15-64 are more numerous than males, espcc ially in the Wakiso and LuweeroDistricts, testifying to the out-migration of thc male labour force. The group aged 65and over is higher than 3%, except in Kampala vhere it is less than 2%. Thedependence ratio is a higher in Kampala than in Wa ciso and Luweero districts,


Kuapala-Gayuza-Zirobwe Road RAP

meaning that fewer workers in the active group are supporting a large number ofpeople.

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 inNangambo and Kyambogo Sub-counties) and the Luweero District (about 250hhlkm2 in Kalagala, Zirobwe, Sub-counties). The above figures shows that theproject 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' 10001980 1991 2-0, 1980 I1)91 EslimialEsi niae

Kampala 169 458,500 774,200 9)2,900 2713 X581 5340Wakiso 4514 661.200 913.900 I,1 75,700 146 202 260Luweero 5360 338,500 349,200 512,700 63 65 95Central region 37489 3.582.400 4,843.600 6.1 I5.400 96 129 165Uganda 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 222,000people, mostly concentrated in the Kawempe Div sion of Kampala city (180,000inhabitants in the year 2000). The remaining 42,000 people are distributedthroughout 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 familyand the extended family. A male who yields cons derable authority over the othermembers usually heads the nuclear family. He is the main decision-maker onmatters concerning the family members and the fimily's economic and productiveresources. Families make up clans whose memb :rs share common ancestry andfacilities such as burial grounds. Beyond the family and the clan, there is currently asocio-political system of organisation, the Local Council (LC) system that wasintroduced by the National Resistance Movement NRM) govemment in 1986. Itstarts from the village level up to the District level. The role of the local councils incommunity matters development of Community Inf astructure like Ccmmunity


Kampala-Gayaza-Zimob.v Road RAP

roads, water sources and settlement of disputes. The project area is also part of thetraditional Buganda Kingdom. Although the moiiarchy does not hold politicalpower, the king has a significant socio-cultural role. Matters involving the people'sloss of and compensation for land therefore, may c all the attention of the relevantMinistry in the Kingdom govemment. The nuclear amily, the extended family andto some extent, the clans constitute a significant trad tional social support system fortheir members especially in times of difficulty.

3.1.6 Ethnic Groups

The 1991 census singled out 34 ethnic groups pr.:sent in Kampala, Wakiso andLuweero districts. In terms of numerical strength, tb most important ethnic group inthe project area is the Buganda, belonging to the Bantu linguistic group. Theycomprise almost the 85% of the population that occu ies the central and the southernpart of the country, from lake Victoria to lake K toga in Central UJganda, betterdefined as Buganda region. The Buganda is homc geneous both linguistically andculturally. They are hard working people who ha- e taken full advantage of theirfavourable geographical and economic position. Iany other ethnic groups havehowever settled in Buganda region (Banyankore, E asoga and Bakiga of the Bantuarea, the Nilo Ilamitic Iteso coming from East, the 'ilotic Langi and Acholi peoplecoming from northem Uganda).

3.2 Land Tenure

Land Tenure systems in the Project area are a mix of traditional practice, colonialregulations, and posteolonial legislations. Land h ldings differ across the projectarea and currently fall under the following categor es: Mailo, Freehold, Leaseholdand 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. Subsequentlyin 1967 official Mailo was transformed into public land. A principal feature of theMailo system was that of modified freehold. Mail:) estates were surveyed and theholders given certificates of title which could easi y be transferred. Consequently,many sub-divisions of the original Mailo holding! have taken place. These titledeeds have also been used as collateral security in fi iancial institutions and have thuscontributed 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 agriculturalsector. Land is an asset that has to be protected. H ,wever, Mailo ten ire is such thatownership and tenancy are not the same in many c: ses. Therefore, tenants on suchland have tended to neglect looking after and investing in land because of lack ofsecurity of tenure. Also, occupants have neither be n allowed to plart trees on suchland nor reap benefits without permission from the I ondlords.


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 theChurch 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 holdingsalong 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 ofthe Project road. Most PAPs occupy land under thib system. The Land Act of 1998customized land ownership where by any lawful ( ccupant is entitled to fair andprompt compensation before land is acquired. fhe law accepts no forcefuldisplacement.Overtime the customary tenure system has changed Mai o land holding along the fright ofWay. 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, andaccounts for 65% of the districts gross domestic product. In Kampala district,agriculture is an activity of relatively less signifi :ance and the main sources oflivelihood are employment and trading (80% of m; .npower). Small-scale industrialactivities like metal fabrication motor repairing. Tra ling in domestic goods and foodproducts is significant. Small-scale semi-formal activity is found 'n and aroundofficial markets and in formally licensed premises Industrial establishments onWakiso and Luweero districts are confined to ;mall-scale, agro-based mainlyseasonal coffee processing. Trading is diffused but insufficiently organized in termsof wholesale facilities and distribution infrastru ture. Albeit far from beingdeveloped in terms of monetary incomes, the econoi ny of the region, however, is notaffected by acute poverty. The food balance is almost in equilibrium, thanks tosubsistence-oriented farming and the wealth of Iih estock resources. Children, ingeneral, do not appear to suffer from malnutrition oi widespread diseases.


Ka.pala43ayaza-Zirob'oe Road RAP

3.3.2 Agriculture

The mains cash crops are Coffee, Pineapple, maize, potatoes. Subsisteiuce farming isthe 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 welldeveloped. 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 thegrowing 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 andsometimes they are inter-cropped. The presence of r erennial crops along the projectroad 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 - representalmost 92% of the area's agricultural output, agaii ist just 8% for cash crops likecoffee, 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 farmproducts. There is high demand of agricultural proc ucts because of the high humanpopulation to the extent that what is produced in the listrict is just a sniall fraction ofwhat is consumed.

Table F: Agricultural Production of Wakise and Luweero districts

Crop Q antity (tons)Maize 27,000

Sorghum 3,000Sweet potatoes 65,000

Cassava 83,000

Bananas 267,000Beans 31,000Coffee 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 projectroad. In Kampala District the number of cattle has E hrunk due the crack down by thecity authorities on free-range cattle keeping. Sm. ll herd of cattle (maximum 20heads) have been observed along the project road. T ie cattle numbers kept under this


KampaIa.Gayaza-Zirobwe Road RAP

system range mainly within 1-3 animals and are mai ily milking cows. The animalsare 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 withaccess 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, andparaffin or electricity for lighting. Electricity is avail able along the prqject road fromKampala up to Busika and between Zirobwe, Bami nanika and Wobulenzi. Thereare ten petrol stations along the project road, mainly ocated (6 stations) on the pavedstretch up. to Gayaza; the remaining four are loca ed in Namulongc, Busika andZirobwe 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, wasavailable 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 33protected 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 theKalerwe 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 influencezone, plus 5 dispensaries and 3 health centres. T vo health centres (at Kazinga -Zirobwe) and four dispensaries (at Kasangati, Namu onge, Bugema andl Vvumba) arelocated just beside the project road.

According to the 1997 Health Services Inventory geographical access to healthfacilities in Wakiso and Luweero districts is limited to only 49% of households, andonly 42.7% of the parishes, the smallest administ-ative unit, have some form ofhealth facilities.

Malaria, the leading cause of death in the District; is most prevalent in the brickmaking areas and near wetlands because mosquitot s breed in water *hat collects inthe clay pits, and in stagnant water in the wetlands. Personnel from health facilitiesalong the Gayaza-Zirobwe- alignment also talk of c .ses of respiratory complicationsand suspected allergies due to dust from the road, es pecially in the dry season.


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, areinvolved in the prevention, provision of care and s upport to people infected andaffected with HIV/AIDS. There is a reported general decline in the HIV prevalencefrom 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. Inrural areas where trends in the past exhibited a mi ed pattern of stabilization anddecline, prevalence rates appear to be clearly declining (from 27.1%. in1993 to12.3% in 1999).

In spite of the observed dent in the HIV/AIDS epide nic, the infection rates are stillhigh in the whole Country. As for the year 1999, a c umulative total of 55.861 AIDScases has been reported to surveillance unit of the A IDS Control Programme and atpresent the total number of people living with H [VAIDS is estimated at 1.44million. It is believed that evcry household in the prt ject area has in some way beenaffected 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 4Secondary Schools located on either sides of the pr ject road. The read serves alsothe Bugema University Campus and an agricultural campus of Makerere Universityat 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 346 122. Buranga S.S 241 203. Outspan Primary School 379 144. St. Kizito Nabitalo Primary School 564 165. Damali Nabagereka Primary School 804 246. Fresisca Primary School - Kiwenda 594 197. I Rise ans Shine Primary School 127 18. Lukyamu Umea Priamry School 341 15


Ka.paIa43ayaza-Z,rob'e Road RAP

9. Bugema University 806 1610. Bugema C.O.U Primary School 217 14II. Siira Memorial Primary School 567 2012. Busiika Umea Primary School 599 1613. New Infant Academy 94 814. Busiika High School 156 1315. Bugema Girls School 214 1416. Bugema Primary School 549 1617. Kyetume S.D Primary School 409 1118. Kaddo Primary School 376 1319. Mpigi S.S.S 112 1420. Bulami S.S 69 1121. Ngalo Nkalu Primary School 256 1222. Zirobwe Primary School 291 1023. Natyole Primary School 844 13Source: 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 andcommercially 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 exclusivelyoccupied with an intense commercial activity carric d out in market areas (Kalerwemarket), permanent shops, temporary stalls and tables and with a continuouspresence (day and night) of many pedestrians, bic) cles and motor v. hicles. Mostbuildings close to the road are used for commt rcial purposes such as shops,guesthouses, restaurants, kiosks, groceries and bars. Some buildings host communityservices, grain milling machines, garages and variou; workshops.

The section from Kampala to Mpererwe is urban anc semi-urban road md will not beaffected by any displacement since the new road ! tructure will closely follow theexisting alignment.

From Mpererwe junction to Gayaza Township, com nercial activity along the road isless intense, but constant during daylight hours due t ) the presence of shops and lightindustries. An inventory of the households along th: first section of the road yieldedan average of about 120 houses for every kilome ter of road, eacb side, rangingbetween 85 and 270 houses per kilometer.

From Gayaza to Zirobwe, the entire length of the ro; d is rural with a relatively densepopulation and houses concentrated in or around tra ling centres. Housing density ofthis section (gravel road) is about 24 houses per ki ometer of road. Some areas arerelatively 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 ofbumt 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 thatchingfor roofs. Village trading centres and small open-ail markets are located at the major


Kampala-Gayaza-Zirob-e Road RAP

road junctions. School buildings and playgrounds a -e also found near the road, aswell as places of worship. The present road does lot cross wildlife areas, forestreserves or historical protected sites.

Table H: Major Settlements travers ?d by the Road

Link .lajor centers Cumulatl'eLink Manjor centers Estimated Pop ilatton

Kampala-Gayaza Kawempe (Kampal. 180,000urban)__ _ _ _ _ _ _ _ _

GayazaNamulonge

Gayaza-Zirobwe Bugema 22,300KiwendaBusikaVvumba ____9_____

Zirobwe Zirobwe 19,700

Source: District administration figuresfor year 2000:

More or less densely farmed fields or fallow sptces, where derived bush-typevegetation 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 0.56. 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


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 roadcorridor and optimises the separate demands of en,:;ineering design standards andsocial impact limitation. The horizontal alignment s consistent with the standardsspecified in the MOWHC Road Design Manual for tl e appropriate roal class designspeed, and at trading centres, in villages and throug i townships, the horizontal andvertical alignment design is typically determined to r :duce cut/fill depths and reducethe degree of shift between the existing and design rn ad centerlines, thereby limitingsocial impact effects in terms of resettlement and pro 3erty access.

The design limits the level of social impacts and esettlement. The approach toresettlement and the linked issues of compensation 'or demolition of buildings andcutting 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 onthis issue during the workshops held in Kampala.

The main principles underlying the proposed appr ach to minimising the adverseeffects of resettlement and crop compensation are:

* Demolition of buildings is limited to the buil lings encroaching on the roadstructure (refer below). All other existing build ings not encroaching within theroad will be allowed to remain in place, and af er gazetting of the. road reservethe construction of new buildings will be prohibi :ed.

* Crops and trees cutting is limited to crops anc trees encroaching on the roadstructure 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 deviatesoutside the declared existing road reserve. Acq iisition will be to the full widthof the road reserve to be gazetted.

The road structure is the carriageway, shoulders, sid: drains and embankment slopesof 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;


Kampala-iayma-Zirobwe Road RtAp

In Gayaza, Bugema, and Zirobwe sections (where th biggest impact 'ill occurfordemolition of houses) Resettlement can generally ccur by setting-back existingoccupations away from the road construction, or b y relocating within the samecommunity. Resettlement will not necessarily requir.: (except by choice of the PAP)relocation to another village or area. Resettlement of entire villages or largecommunities to new locations is not required by the I roject.However, under Uganda Law there is a household n settlement option available forEPs, particularly vulnerable group households losinig a dwelling unit, which canrequire resettlement of the entire household unit. Tl e need to apply this option hasnot at this point been identified as applicable to res :ttlement for this Project. Suchapplication will be accepted during the implementa ion stages of the RAP in caseneed arise.

4.3 Sites Affected by the Project

Essentially the Project involves widening the existir g road structure cver the entirelength of the project road and, at various locations, o either straighten or otherwiseimprove the horizontal alignment of the road, raise t le road level ovei swamp areasand 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 thecorridor of the existing nominal road reserve, whicl is defined in the Roads Act of1964 as being that area bounded by imaginary line; parallel to and iot more thanfifty feet (I 5 m) distant from the centreline of any rn ad. On arable ground, the landwithin this road reservation, which is not occupied 1 y the existing road, is typicallycultivated and cropped. Road construction woi ks will affect c-ops, but notnecessarily to the full width of the road reserve.

At some locations where the upgraded road align nent departs from the existingalignment, 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, isthe destruction of crops on land required for the con ;truction. Of lesser scale, but ofno less importance, is the demolition of structures( iouses, shops, market stalls andother erections on land affected by the works). 0' er the length of Ihe Project, 45structures (shops and residences ) are so affected. T ie road upgrading design, whichpurposefully optimised engineering criteria and rese ttlement/social is,ues, limits thedegree of demolition of permanent structures.

The construction works will include extraction of m. terials from borrow pits, and useof haul roads and roads for traffic diversion and co itrol, and the occupation of landfor construction camps, site offices, etc.The EIA study identified and quantified the reset lement, compensation and landacquisition 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 theconstruction works.


Kampala-Gayaza-Zirob'we Road RAP

The structures,and cropped fields which will be affe :ted by the construction worksand for which compensation and the amount to be warranted for the Project, arescheduled 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 Totalof Impact (Uhs)properties _ _ _ _ _ _ _ _ _ _ _ _ _

Sructures(include 45 Titled Removal U shs 27:1,756,159shops, residences, pit (including di turbancelatrines 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 theroute, to identify the Project Affected Persons.

Primarily these will be people cropping land ad acent to the existing road. Aconsiderable number of buildings is directly affect( d by the project works and theimpact to the occupants of these buildings is sigr ificant. The rural townships ofGayaza, Bulami and Zirobwe are the most affected 1 illage where some buildings areto be demolished and families are to relocate else wi ere in the commuaity. A full listof 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 staplefood and income generating product for the loca farmers. These crops will becompensated though temporary (perennial) ones wi I be removed before the projectstarts. 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 landwill be temporarily taken up for camp sites, bonrow pits, quarries, seivice roads anddetours. Adding this area with the cropped area exi ropriate for road realignments


Kampala-Gayoza-Zbrobwe Road RAP

(4,32 ha), the total cropped area that will be destroyed by the road works. will amountat about 7,32 hectares. The survey indicated that f, rmers grow a lot of perennialtrees, 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 acquiredamounts 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. Thereare 45 structures(i.e shops, residences, stalls etc ) bui t with different niaterials


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 inthe project area have little influence on or do not effectively participate indevelopment interventions, which concem them. De velopment interventions in theproject 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 communityin every stage of the resettlement activities.

Active participation by PAPs and PAGs will en able them to understand andappreciate the levels of development and to ascertai i timely gains and control overforces that affect their livelihood. In the context of he resettlement activities alongthe project road, extending and redistribution of ipportunities to l'APS is veryimportant. Community meetings have been condw ted to gauge people's feelingsabout the project preparation of RAP.

In preparation of the plan the following stakeholders have been and should continueto be consulted to consolidate community / stakehold -r participation in compensationand resettlement activities:

* Local Councils:The Local Council Officials (LCI and LC I]) and the villagers have highexpectations regarding project related opportuni ies and therefore accord it highpriority. During the site visits, the LC of icials mobilised villagers forconsultations as well as establishing good co )perative arrangements. Theirparticipation and input in the consultation proct ss has been invaliable and willcontinue to be so during implementation )f mitigation and monitoringresettlement activities.

The involvement of Local Council officials s important to the process ofrelocation and compensation. Establishe I Grievance Committees forresettlement implementation will be instrumen al in co-ordinating, mobilizingand sensitizing the PAPs about the project. Is umerous meetings will be heldwith the LCs during the implementing the resett ement plan. The involvement ofLCs will be instrumental in delivery of infon iation to affectedl communitiesabout RAP.

* Private Sector, Civil Institutions and NGOs.As part of consultation process already unde taken, interested private sectorinstitutions and NGOs have been provided an )pportunity to participate in theresettlement planning process. Consultatiot s have been held with WorldVision, 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 andmonitoring of resettlement if invited to do so.

The involvement of Local Councils and NGO's is important. Stakeholders in thesesocial structures will help in the identification of PA Ps, in the registration processand in the mobilisation of PAPs to attend meetings. I is through these meetings thatresettlement options can be identified and effected.

5.2 Consultation Strategy

A key strategy for the RAP implementation act vities to be effictive is forcollaboration both in the vertical and horizontal lei els between communities andGovemment representatives on the one hand anc between Local GovernmentCouncilors and Govemment Ministries (Justice, MOWHC and Lands, Water andNatural 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 beconsolidated.

To effect the Resettlement Action Plan, RAFI I will form a ResettlementImplementation Team. The Team will work with the members of the local councils,various grievances Committees established at the grass root along ROW. EachCommittee will include the LCI chairperson, re distered landlords of affectedproperties (or representatives), community elders md representativos of NGO'soperating at community level.

The Resettlement Implementation Team (RIT) wi I scrutinize land that will beaffected by the project works and it is the function o the Grievance Committee withLCs to identify Affected Persons and represent tli ir interests in determining anagreed 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 implementationsuccessful resettlement activities. The work of the I JT, Grievance Committees andLocal Councils will effect participatory representai ion, monitoring and evaluationwithin the affected communities, with indicators d signed by the community andleaders of the affected communities. This will help to determine the effective levelof progress. The justification for the collaboration i; that all interested stakeholderswill 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 integrateddevelopment activities. These institutions are comn lunity based and understand thecommunities they work among. They will be involi ed, along with Local Councilorsin monitoring of RAP, assist the project affected I ersons in re-buildling their livesand 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 orlost as a result of relocation. The land inventory speifies the type of land (dry-landirrigated, perhaps soil type), its use (agricultural, tyF es of crops, busir.ess) size andlocation, so that each can be correctly valued. Th physical inventory lists eachassets, 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, forvaluation purposes.

The study team should pay special attention to the cui rent values of assets and shouldvalue each assets individually. Eligibility criteria fo the affected people/householdmust be established. The study should also take note Af changes in pricz and value ofassets between valuation and compensation.

6.2 Criteria and Strategy for Compensation for lan, houses, crops and otherproperty

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 theyoccupied the land before the entitlement cut-off the entitlement cut-otf refers to thetime when the assessment of persons and their propi rty in the project area is carriedout. Thereafter, no new cases are entertained. T ic following categories will beeligible 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 WorldBank policies.

(x) Persons who encroach the area after the resettlement survey (censusand valuation) are not eligible to compensation or any from ofresettlement assistance.

6.3 Resettlement Options

In a review of procedures and policies (WB 1994b), the World Bank acknowledged alink between displacing people and restoring their property without affecting theirlivelihood (Scudder & Coision 1982). It is therefo -e strongly recomrnended that inthe resettlement process emphasis be placed on esta lishing new households in


Kamp.la-Gayaza-Z,rob.c Road PAP

viable areas within their existing community and pr :ferably within the vicinity oftheir original plots and neighborhood.

Although affected persons will be encouraged to purs je resettlement in line with theabove recommendation, there are a number of optio Is available to those who willhave 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 onconversations so far held with representatives of I APs about compensation andresettlement. Where affected housing structures are o be shifted, relocation will bewithin the same locality.

Experience from other resettlement schemes within he Districts, as well as generalexperience with rcsettlement, has shown that there i: a danger that the cash will bespent quickly and the family will not be able to set uy house in another place withouthelp. If families prefer this option, there should be n agreement on the purchasingof land elsewhere and co-operation with District Au horities. In other words, thereshould not merely be a handing over of a lump sum. If consulted some PAPs couldprefer 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 housetwice had little appeal. Hence most of the land that is used during the constructionperiod for temporary works (haul roads, borrow pits, diversion roads, ctc.) should bereturned to farmers in the form compensation.

6.4 Notification

Formal notification of the affected people about the project will be done as part ofthe ongoing community consultation. Several steps will be taken to make sure thatthe 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 theproject 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 localleaders, including the Local Councils and Co nmunities, which have overallresponsibility for co-ordination.

* Open meetings in which the project is presented to the general populationThis notification procedure sets the scene for the re Yistration and detailed recordingof assets.

6.5 Inventory and Registration of Affected Prope ties and Persons

The registration procedure for affected properties ai id persons will consist of formalnotification to the affected people and the establishr lent of so-called "cut-off' and


Kamp.la-Gaya7a-Zirobwe Road RAP

the "actual" registration of the affected persons. M dia accessible to the affectedpersons should be used to deliver the information.

The Consultant has prepared an inventory of the pro ect affected persons, which isappended to the plan. This will be instrumental in ccncretizing the identification ofthe PAPs and case the compensation process.

Since Local Council officials are part of Grievance C ommittees, they will be part ofthe registration and notification process and participate in resettlementimplementation by representing the interests of the afl ected people. The local councilofficials will be facilitated to participate in the registi stion process. The verificationof registered persons will include members of the .C for the respective villages,village elders, registered local property owners a id landlords. Thc: registrationprocess is intended to involve the different parties in the different villages in theresettlement/compensation process to avoid disputes or misunderstancing at a laterdate.

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 theassets 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 theinventory compiled by the Consultant. Such data will be used to c-oss-check theclaims and information at the time of registratiol since most, if not all, of thehouseholds in the Direct Impact Zone have been rec )rded. There is a risk that someof the people may be tired of being asked the same sort of questions, but it will bereiterated that the registration is absolutely necess try for a fair compensation andsuccessful relocation of families.

Registration and the recording of assets will occar directly after notification ofproject affected persons in matters regarding th: cut-off date ard the generalinformation meeting at the various villages in the [ irect Impact Zone. One will usethis meeting to explain why the registration is takini place.


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 theinventory. Consequently, local interviews were used i n establishing of Ihe land to becompensated. This was done in close consultation wil h Land owners and the Districtland board officials.

Following the approval of the Chief Government Val icr the affected peoples will beinformed immediately in order to avoid speculations on land. This can be done aspart of the formal notification. The principle is that al people who are rnsident on theland on that day will be entitled to resettlement and i ompensation. The registrationand record of assets will be conducted immediately a ter notification.

Any family who relocates on this land after this date is NOT entitled to anycompensation. It will be the responsibility of the I ocal Authorities 1o inform anygroups that arrive in the interim period of these I arms. At the time of projectimplementation, these peoples will only be given no ification and no assistance willbe provided.

6.6 Compensation Rates

Kampala, Wakiso and Luweero District Land Boards have established compensationrates to be applied in their respective districts for involuntary resettlement.Compensation rates of Kampala District are 50-100 /o higher than Wakiso rates forcrops 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. Updatedcompensation 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 ratesestablished by the Land Boards. The construction co ;t of a typical rure I home is alsomuch higher than Land Boards compensation rates fir the same structure.

The rates utilized in this report for the calculatior of compensatior costs for thedifferent 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 landacquisition 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 landtribunals to the satisfaction of involved parties.


Kampal.-Uayaza-Zirobwe Road R*4P

Although affect people will be given an opportunity t( review the survey results andcompensation policies during the process of resettlem ,nt planning andimplementation, a number of issues will arise up amo ig the settlers. If a person isnot satisfied with the compensation or rehabilitation n Ieasure given, he could raisehis 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 fieldoffices by the supervising consultants and channel the m to both RAFU .ad therelevant authorities. The grievances will be heard by RAFU, local Council chairperson, Sociologist and Valuer as ex official of the cc mmittee to hear the grievanceswithin the affected area. If the person complaining d es not agree with the decisionof the Councils he /she could appeal to the District L, nd Tribunal. If hc/she stilldoes 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 andconflicts of interest. A grievance procedure redress A ill be established with the mainobjective being to provide a mechanism to medial conflict between the projectauthority (RAFU) and entitled persons to cut down n lengthy litigation. The basicaim is to prevent delay in implementation of the project. It will also provideopportunity to a person who has objections or conce -is about their assistance, whichare unresolved by Grievance Committees at local vill ige level thus, a process to raisetheir objections and have their concems heard and ad iressed adequately.

Grievance Committees composed of Stakeholders at Local Council le- els have beenformed to deal with issues that the RIT cannot resc lve. The aim of the GrievanceCommittees is to avoid unnecessary delays in court! or administration and to fosterdecisions quickly and efficiently for the benefit of al parties involved.The Resettlement Implementation Team at the on s t of resettlement activities willintemalize the composition of the Grievances an( work hand in lhand with theGrievance 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 totheir Grievance Committees for onward submission ;o RIT.


Kampala-Gayaza-Zirobwe Road RAtP

6.8 Flexibility and Contingency Management

RIT will identify the risks and benefits associated m ith each option of entitlementpolicy. Contingency plans and a flexible programme of implementation will ensurethat EPs are not disadvantaged by the project by uniforeseen circumstances. Thecontingency plan and any other addition/alterationlrr odification to the resettlementplan for the project will need to be endorsed by he RIT to be elfective. Nodownward revision of entitlements shall take place.

6.9 Market Value Assessment

Compensation will be full replacement value, howevc r it has been necessary to carryout an adequate assessment of market value at all locations during the propertyvaluation. This established whether the compens stion award under the LandAcquisition Act is fair and close to the market valu :, allowing the PAP to replacetheir property, units and assets. If the market value assessment establishes that thefull replacement compensation is not the true market value for full replaicement, thena 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 bythe law of Uganda.

Market value of assets, so determined, will be comr ared with compensation and itsvarious components. A decision will be made hov much assistance is needed toincrease the compensation to provide a fair entitlerr ent package that will allow theEPs to replace his land, structures and other assets. In the process of making valueassessment the Resettlement Implementation T am groups formed for theresettlement implementation will consult with the El s, and explain to Ihem the basisfor 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 ofthe 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 sixmonth period will start after fair compensation of he project affected person .Thestipulated period will enable the affected houschol I to relocate before the projectstarts.

6.11 Moving Arrangements

PAPs will receive notice that they must relocate at least 6 months plior to the datethey must move. Along with details of their entitle ments, the process for receivingcompensation and assistance will be explained by t ie Resettlement Prnplementationteam.


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 arange of resettlement impacts. Resettlement losses m( st often arise because of landacquisition, through expropriation and the use of regulato y measures, social networks, andsocial services can be disrupted. Productive assets, inclading land, incomc sources, andlivelihoods 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 peopleaffected 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 isimportant to avoid or minimize resettlement effects. If ri settlement is unavoidable, RAFUwill help restore the quality of life and livelihoods of tI Dse affected. Thete may also beopportunities to improve the quality of life, particularly fi r vulnerable groups. All kinds ofresettlement losses need mitigative measures, as set out in Table K. An integrated approachto impact management is preferred.

7.2 Major types of resettlement Impacts and mitig: ition measures requiredThe 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. Themitigation measures for each impact is provided in the sui imary table K

Summary Table:KType of Impact Mitigation Measures

Loss of productive assets, Compensation at replacer lent rates, or replacement, for lostincluding 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 atentire community structures, replacement rates; reloc: tion options including relocationsystems 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 replacementresources, habitat, cultural rates; restoration measure s.sites and goods.


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 andeconomically viable basis. Therefore, community i ifrastructure musi be replaced

and ideally improved in situations where it was defic ent. This includes installationof sanitary and waste product facilities and electric ty generation systems. Roadlinks 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 beforepeople 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. builtwith 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 shouldbe provided with full replacement cost for the lost st uctures. If people choose to buildtheir own houses, they should receive compensation equi 'alent to the cost of materials pluslabour, hired or their own. However, it is not recomm nded that people build their ownhouses, unless they insist on doing so.

7.5 Drinking water system

In the event that access to drinking water suppl ers is affected temporarily orpermanent, RAFU (the developer) is committed to providing access to altemativesources. Facilities can be provided either form borel oles or pumped supplies from ariver, lake or wherever necessary. Consultations s iould be held with the relevantauthorities 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 arrangementsinclude:

i) clear identification of key stakeholdei sii) definition of roles and responsibilitiesiii) provision of resources for implement; tion


Kampala-Gayaz-ZiTobwe Road RAP

7.7 Payment procedures of compensation certificate

Signatories to the compensation certificate will incluc e, the recipient, Local Councilrepresentatives, 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 (basedon a standard form) will be signed upon by the samne parties as above. Peasantcommunities are often unable to properly manage la rge sums of mon-y followingcompensation. Where applicable, the RAP should pro vide for training and assistingthese communities to manage money, including facilit iting them to open and managebank 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 ofconsiderable number of pcople other impacts will incl ide acquisition of land and lossof property and the destruction of crops along the lignment. The effects will bemeasured in terms of the number of properties losi size of property, the type ofproperty (residential, business or commercial) and < wnership of such property fordisplaced affected persons (PAPs). The Resettlemei t Action Plan for the proposedroad project describes and enumerates the extent o negative impacts likely to beimposed on the people and their property because of onstruction.

The Plan presents the extent of the entitlement frar iework that will be adopted tominimise the impact and compensate for losses tl at will be experienced by theProject Affected Persons (PAPs).These entitlements are to cover the loss of land, stru stures and other assets, such ascrops, houses, land, and stalls. The PAPs in this resl ect are entitled to a disturbanceallowance (Town Planning Act 1964) and counseling on alternative assistance.

Under the Land Acquisition Act (1965) compensation for property structures andother assets such as crops that will be lost to the pi oject are of important as far ascompensation and relocation of communities is conc -med.The Land Act (1998) requires compensation to be a market value. The Valuer hasapplied market value assessment for property for aff ~cted. Assessmert to determinewhether additional assistance is necessary to reach I *e real market value be put intoaccount by the Chief Government Valuer.

Compensation to the project affected persons (PA Is) will adequately address thelosses based upon the entitlements approved by the Government of Uganda inapplication of the provisions of the Land Act (19 )8) and the Town and CountryPlanning Act of (1964) respectively. The entitle ment framework therefore willcomprehensively address all of the resettlement i! sues that are predicted for theProject.

The framework will conform to the legal frameworl of Uganda Law. In particular itwill 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 beresettlement of affected persons and compensation to t ntitled persons for loss of landand crops, either temporary or permanent.

It is essential that compensation and resettlement will be handled promptly and fairlysince many will judge the success of other mitigatic n measures by how these twoissues are handled.

The resettlement and compensation measures aim t) provide the population withimprovement to the existing situation, not merely l re-establishment of existinglevels that reflect a very low standard of living (NTE C 1988). This is necessary ifaffected 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 individualhouseholds and owners of fields, which are located in the Direct ImpactZone/Corridor.

7.10 Host Population

The affected communities will be encouraged to resettle within their existingcommunity and the shortest distance from their pres rnt abodes in ord :r to preservesocial cohesion and minimise the trauma of relocati in. If necessary, ineasures willbe taken to ensure that host populations are not disad vantaged and that resources andland are ample for both parties.

Discussions have already been held with the Local Councils to ascertain possiblerelocation sites and available land, which has to se verified, by the RIT beforerelocations are effected. Compensating host popula tions for the temporary or evenpermanent 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 andcommercial entity of communities along the corrid )r was taken into account. Forinstance, at Bulami and Janda, options to bypass these communities were rejectedbecause such options would severely affect the c mmunities from their principletrading market and thus adversely affect the fab- ic and integrity of the villagecommercial and social environment.


Kampala4Gay-za-Zirobwe Road RAP

Because such decisions have been made in the feasibil ity design process, the projectworks are not expected to adversely affect the exis :ing infrastructure and socialsystems within communities along the project route.

Over the length of the project, relatively few people ire affected by tha works andrequire relocation, but nevertheless, compensation nust be set so that affectedpersons are not disadvantaged compared to others and can accrue the benefitsrealised by the road upgraded However the contr..ctor will take action in thereplacement of power lines and water pipes in all iml acted areas. This will be donein close consultation with the line departments co icemed most importantly theUganda Electricity Distribution Company and the N ational Water and SewerageCorporation.

7.12 Participation of Chief Government Valuer in ti e Resettlement Activity

The Chief Government Valuer is responsible for approving and determining thevalue of property and land and the level of compensa .ion for all the affected personsalong the route.

7.13 Payment Procedure and Transparency

There will be a well-coordinated paymentScompe nsation procedurm for all theaffected persons along the alignment.

The professional Valuer has conducted property valu ition and the Chief GovernmentValuer's Office has been instrumental in follow- ip of the exercise. The ChiefGovemment Valuer's office will co-ordinate with ti e Resettlement Iriplementationteam (RIT) and the Grievance Committees at the affected locations, establishedalong the route for the purpose of resettlement imple nentation.

The RIT will identify the properties affected and the LCs will assist in identifying thebona fide/lawful property owners to be compensate i. If a household asset is to betaken, compensation should be given to the legal titl :holder but if compensation is inform of a parcel of land or a structure, the regis ration will be in names of thetitleholder, his/her spouse or children. Compensati )n will be conducted within thelegal framework of Uganda Law.

* The list of EPs shall be displayed, as a minimu m, in areas accessible for all theEPs and other PAPs. These public places shoul I preferably be LC Offices.

* The entitlement framework for the replacemen. value will be communicated toall EPs and will be explained to the EPs and ott ers in village meetings organisedby the RIT and Local Councils.

* Disbursement of all payments due to the EPs s to be made in public meetingsonly.

• A quarterly report on implementation of the R AP, which may be delineated asper District boundary and which must c ontain details of "assistance"compensation will be similarly displayed.


KampalaGayan-Zirobwe Road RAP

* A quarterly report on the grievance procedure a id the final award in all cases ofgrievances will also be displayed in the same pt blic places (speci icallymentioning the same name of the EP and the di: ference in awards before andafter the grievance hearing). All decisions regal dingindividual/group/community entitlements and tE e contents of all decision shallbe made public.

Payment of compensation and assistance will take p lace during public meetings withall the other EPs of the area included, and will be witnessed by the GrievanceCommittees formed for the resettlement implemei tation and the LCs relevant toparticular sections of the Project. RAFU represental ives may be present.

Grievance centers for registration of grievances w 11 be established at Sub-countyoffices 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 upgradeproject. Through the project, the GoU will technic illy and financial y assist PAPswith 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 encouragePAPs to help themselves, by cnabling them to active ly participate in the selection ofan appropriate compensation and assistance options.

RAFU's function will be to implement and monilar the RAP and its associatedactivities. This will be accomplished by RAFI J establishing a ResettlementImplementation 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 compensationissues

* District Land officer of a particular District on mu tters relating to land ownershipand management.

* RAFU that will explain some of the technical components to PAPs and theGrievance 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 baselineinformation, organise meetings with the LCs and 'ommunity, PAP. and local

.


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 affectedpersons 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 economicstatus 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 shouldbe given not less than six months to relocate thems Ives. Farming households will

be allowed and given time to harvest all crops.


Kampaia-Gayaza-Zirobwe Road RAP

Table L: RAP Im lementa t Schedule:

Latest start ResponsibilActivity Duration dt t. ~~~ ~ ~ ~~~~~date ity

6 months

(Compensationwithin 2 months

Co.munity meetings, from notificationnotification andcompensation and also date and issuance RIT andcon. ensthe affected of the quit notice lune- 2003 Representati

time for theaffeafter the ves of CGVpersons to construct new compensation has

houses for themselves. been finalized)

After

Quit notice to PAPs compensation; 2003 RAFU/RITPAPs to be given6 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 CGVtask. If the plan.

Monitoring and evaluation Conducted at 2003 - 2006 RITlevels

Bi-monthly, until I-lT

Reporting the end of the 2003 - 2006

activity _ _ -


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 Planimplementation 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 RemarksRes )onsible

C'ompensation for 58,269,639 Goi erminent of A'ailo,

land Ugc nida through fireehold,the Resettlement leasehold andImp 'ementationi customarytear q(RIT)

Structures 279,747,159 Gov ?rnment of 'Temporary,Ug(.'ida through senmi-the .UT pernianent

a,ndpermanent)and other-l frastructure)

Crops and Trees 34,356,680 Gov 'rnment of r'hese cropsUga ida through include coffeethe 'JT and banana

_ _ matooke)Disturbance 372,373,478 Gov. rnment of :his is the

allowance (Total Uga ida through v alue of all15% disturbance) the iIT items before

15%

('isturbance15% Disturbance 55,856,022 Gov4 rnment of The statutory

Ugaeda through 15%the I IT disturbance

based on six(6(months quitnotice.

Total 428,229,500


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 RAFUwith an effective tool for assessing resettlement progress, identilying potentialdifficulties and problem areas, and providing an arly waming system for areas,which may need correcting. Some of the risks ass ciated with resett ement includeimpoverishment, and dependency; break down of community norms and mutualsupport systems. Monitoring can be carried out sp cialised groups who will reportto the RIT.

Ongoing evaluation will address complex social, cultural and economic issues.Monitoring will assess in particular the situatioi of the vulnerable groups inparticular such as small and marginal landhold rs, unskilled laborers, mobilevendors, tribal populations, ethnic minorities, womc n, children, and the elderly anddisabled persons.

Baseline survey data is necessary to provide the benchmark for measuring andevaluating the success of the RAP. There is one n ason for the completion of thesocio-economic surveys by the RIT prior to resettlenr ent implementation.

Monitoring will cover the physical progress of l he resettlement site includingpreparation of land, construction of houses, constrv ction of facilities, provision ofinfrastructure and other necessities. The monitoring ;hould also cover the relocationof people and their goods to the new sites as well a s the allocation or replacementassets. 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 potentialproblems of the PAPs is essential. Selecting :ome sensitive indicators andmonitoring them over time can accomplish this. Twc such indicators are the numberof productive assets owned and the educational sti tus of children. For examplePAPs maybe having difficulty if they are selling issets such as livestock, farmequipment and vehicles to satisfy basic needs. Progre ;s can be measured when PAPspurchase such things.

Monitoring and reporting of the Resettlement pro} ramme will be effective andregular. Better monitoring and supervisory mechai ism in the project will keepseemingly minor problems from growing into ma or ones. The implementationagency MOWHC/RAFU will from time to time mon tor the plan and local councilsand members of the grievance committees will compl ,ment its effort.


Kampala-Gayaia.Zirobwe Road RAP

The table below shows indicators to be monitor d:Table NSocial Services in * Improvementofthe so-,ial amenities inthe Projectimpacli:dthe 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 hostCommunities.

Means of Restored means of liv *ihood of the affi:cted Populationlivelihood: * Sufficiency of food air ong the impacted communities.

* Improvement in means of production to needs ofcommunities impacted by the project.

* Improvement among tl e vulnerable groups to met the dailnecessities 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 RAPParticipation * Participation of the loca Leaders in all RAPand * Effectiveness of the Gri vance system.sensitization in a Effectiveness of the con munity meetings in RAPRAP: * Effectiveness of the loci I communities in identification

Community healthand 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.


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 andend-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 GovernmentMinistries, the World Bank, RAFU, NGOs and CB(Os, and local leaders in the direct

impact project zones.


* 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 COMMUNITYGyagenda J. Chairman - Lubanyi LC IKalema L. Vice Chairman - Lubanyi LC IKatuma Isma Secretary - Lubanyi LC IBukenya D. Defence Secretary - Lubanyi LC INakalema R. Treasurer - Lubanyi LC IGaliwango H. Production Secretary - Lubanyi LC ISemambo P. Information Secretary - Lubanyi LC I ,Mwesigwa Youth Secretary - Lubanyi LC IRatifa Secretary for disabled - Lubanyi LC INakiyimba M. Women Secretary - Lubanyi LC IKizito Ssematimba Chairman - Busiika LC INakachwa Janat Vice Chairperson - Busiika LC IKinene Badru Secretary - Busiika LC ISendege Simon Richard Defence Secretary - Busiika LC INansikombi Dezi Treasurer - Busiika LC IMrs. Nsereko Production & Environment SecretaryKalyowa Dirisa Information Secretary - Busiika LC INansubuga Masitula Women Secretary - Busiika LC IMubiru Youth Secretary - Busiika LC IMutyebere Peter Secretary for disabled - Busiika LC IMakona Umaru Chairperson --Zirobwe Central LC INalongo Zansanze M. Vice Chairperson - Zirobwe Central LC IKasumba A Secretary - Zirobwe Central LC ISowedi Kakumi Defence Secretary - Zirobwe Central LC ISseguya Joyce Production Secretary - Zirobwe Central LC ISsetuba Kayiwa Information Secretary - Zirobwe Central LC INajjemba Khadigya Treasurer - Zirobwe Central LC IRugyabu Tamusuza *Youth Secretary - Zirobwe Central LC ILwasa Stewart Chainnan - Bulami LC IIKyakulidde God Chairman - Bulami Kabulanaka LC IBukirwa Christina - Vice Chairperson - Bulami Kabulanaka LC IBonny Muhenga Secretary - Bulami Kabulanaka LC IWeyawula Joseph Secretary Defence - Bulami Kabulanaka LC IKamau Fred Secretary Youth - Bulami Kabulanaka LC IM K Joyce Ssenabulya Secretary Women - Bulami Kabulanaka LC ISseguya Annet Secretary Environment - Bulami Kabulanaka LC IKato Martine Mass Mobiliser - Bulami Kabulanaka LC I

Treasurer - Bulami Kabulanaka LC IBayego Joseph Land Lord - Bulami Kabulanaka LC IWafula Chairman - Nalyamagonja LC IKintu Chairman - Kabanyolo Village LC IKaaya Chairman - Kabanyolo Maurik LC ISalongo Ntege Muwanga Chairman - Gayaza 'B' LC IMusoke Chairman - Gayaza 'A' LC IMbooge Issa Chairman - Nangabo Subcounty

12-Jun-03 xlvii Phoenix

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