FINAL DETAILED ENGINEERING DESIGN REPORTdocuments.worldbank.org/curated/en/...FINAL DETAILED ENGINEERING DESIGN REPORT . CONSULTANCY SERVICES FOR . DETAILED ENGINEERING . DESIGN FOR

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REPUBLIC OF UGANDAI,'" 1 UGANDA NATIONAL ROADS AUTHORITY ...

FINAL DETAILED ENGINEERING

DESIGN REPORT

CONSULTANCY SERVICES FOR DETAILED ENGINEERING

DESIGN FOR UPGRADING TO PAVED (BITUMEN) STANDARD OF

VURRA-ARUA-KOBOKO-ORABA ROAD

VOL V (A) - RESETTLEMENT ACTION PLAN

The Executive Director OMPTRAN

E.NL':ifNEERJNG & PU"'NtJltlG Uganda National Roads Authority (UNRA)ASSOCIATES

Plot 11 Yusuf Lule RoadP.D.Box AN 7917 P.D.Box 28487 Accra-North Kampala, Uganda Ghana

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Feasibility Study and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

T ABLE OF CONTENTS

.. EXECUTIVE SUMMARY INTRODUCTION ........................................................................................................................................... 1-1

1.1 BACKGROUND TO THE PROJECT ................................................................................................................. 1-1

1.2 PROJECT ACTIVITIES ................................................................................................................................. 1-3

1.3 OBJECTIVES OF THE RESETTLEMENT ACTION PLAN (RAP) ....................................................................... 1-4

1.4 OUTLINE AND CONTENTS OF RAP REPORT ................................................................................................ 1-5

2 APPROACH AND METHODOLOGY ......................................................................................................... 2-J

2.1 PUBLIC CONSULTATIONS AND DISCUSSIONS WITH PROJECT AFFECTED PEOPLE (PAP's) .........................2-2

2.2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................................................................. 2-2

3 POLICIES, LAWS AND ADMINISTRATIVE FRAMEWORK ............................................................... 3-1

3.1 LEGAL FRAMEWORK, LAWS AND REGULATIONS ........................................................................................ 3-1

3.2 RESETTLEMENT PRINCIPLES ...................................................................................................................... 3-5

3.3 INSTITUTIONAL / ADMINISTRATIVE ........................................................................................................... 3-6

4 BASELINE OF INCOMES, LIVELIHOOD PATTERNS & SOCIAL ECONOMIC ORGANIZATION4-1

4.1 PROJECT AREA ........................................................................................................................................... 4-1

4.2 POPULATION GROWTH AND DENSITY ......................................................................................................... 4-1

4.3 LAND o\VNERSHIP AND TENURE ARRANGEMENT ALONG THE PROJECT ROAD ........................................... .4-4

4.4 THE ECONOMY AND LiVELIHOOD .............................................................................................................. 4-5

4.5 PAP SOURCES OF INCOME ........................................................................................................................4-6

4.6 THE PAP HOUSEHOLD INCOME LEVELS .....................................................................................................4-6

4.7 PROJECT AFFECTED PEOPLE (PAP) HOUSEHOLD SIZE .............................................................................. .4-7

4.& VULNERABLE GROUPS ...............................................................................................................................4-7

4.9 LEVEL OF EDUCATION OF PAP ..................................................................................................................4-&

5 PllBLIC CONSULTATIONS WITH PROJECT AFFECTED PEOPLE AND ORGANIZATIONS••..• 5-1

5.1 PUBLIC PARTICIPATION A.J"IDCONSULTATION STRATEGy .......................................................................... 5-1

5.2 COMMUNITY PARTICIPATION ..................................................................................................................... 5-2

5.3 IDENTIFICATION OF STAKEHOLDERS AND ANALysrs ............................................................................... 5-10

5.4 LOCAL REPRESENTATIVES AND VILLAGE LEVEL CONSULTATIONS ........................................................... 5-12

5.5 STAKEHOLDER'S VIEWS AND OPINIONS ................................................................................................... 5-12

5.6 CONSULTATION RESULTSlvlEWS AND OPINIONS OF STAKEHOLDERS ........................................................ 5-13

5.7 RAP PREPARATION ................................................................................................................................. 5-14

5.8 PUBLIC NOTICE ....................................................................................................................................... 5-14

6 IMPACTS ARISING FROM THE PROPOSED UPGRADING OF THE ROAD.................................... 6-J

6.1 INDIRECT IMPACTS .................................................................................................................................... 6-1

6.2 DIRECT IMPACTS ........................................................................................................................................6-1

6.3 IMPACTS ON LAND, PROPERTY (CROPS AND HOUSES) ...............................................................................6-7

7

8

COMPENSATION PROCESS AND STRATEGY ...................................................................................... 7- I

ORGANIZATION RESPONSIBILITIES AND IMPLEMENTATION OF THE RAP ........................... 8-1

&.1 COMPENSATION RESPONSIBILITIES ................................................................................................................... &-1

&.2 INSTITUTIONAL INVOLVEMENT AND ROLES IN COMPENSATION/RESETTLEMENT ............................................. &-1

&.3 ELIGIBLE PERSONS FOR COMPENSATION ........................................................................................................... &-2

&.4 FORMAL NOTIFICATION .................................................................................................................................... &-3

&.5 CUT OFF DATE .................................................................................................................................................. &-4

Feasibility Study and Detailed Design (if Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

8.6 GRIEVA:-.ICES ..................................................................................................................................................... 8-4

8.7 REGISTRATION FORM AND RECORDS ................................................................................................................. 8-5

9 V ALUATION OF ASSETS AND LOSSES................................................................................................... 9-1 ~,

I

9.1 BUILDINGS AND HOUSES............................................................................................................................ 9-1

9.2 BOUNDARIES AND FENCES ......................................................................................................................... 9-I

9.3 TREES AND CROPS ..................................................................................................................................... 9-2

10 IMPLEMENTATION PROCEDURE ......................................................................................................... 10-1

10.1 IMPLEMENTATION RESPONSIBILITIES AND PROCEDURE ........................................................................... 10-1

10.2 FRAMEWORK FOR COMPENSATION .......................................................................................................... 10-1

10.3 PAYMENT PROCEDURE OF COMPENSATIO:-.l ............................................................................................. 10-1

10.4 TIME SCHEDULE FOR lMPl.EMENTATION OF THE RAP.............................................................................. 10-2

11 COSTS ESTIMATES .................................................................................................................................... 11-1

12 MONITORING AND EVALUATION ........................................................................................................ 12-1

12.1 PURPOSE OF MONITORING AND EVALUATION ......................................................................................... 12-1

12.2 MONITORING INDICATORS ............................................................................................................................ 12-2

12.3 MONITORING AND EVALUATIO:-.l REPORTING ................................................................................................ 12-6

12.4 PROGRAMME FOR MONITORING AND EVALUATION ...................................................................................... 12-6

13 CONCLUSION .............................................................................................................................................. 13-1

..

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I


LIST OF TABLES

Table.~

Table 0-1

Table 0-2

Table 4.1

Table 4.2

Table 4.3

Table 4.4

Table 4.5

Table 5.1:

Table 5.2

Table 5.3

Table 6.1

Table 6.2

Table 6.3

Table 6.4

Table 8.1

Table10.1

Table 11.1

Table 12.1

,

Description

Summary of Issues from the PAP

Summary of Cost Estimates

Arua District Total Population by Sub County and Sex

Population by function by Age

Koboko Socio economic data

District Household Incomes

Social infrastructures along the project Road.

Locations of Public meetings with project affected people

S takeho lders' Roles/Responsibilities

Summary oflssues from the PAP

The potential negative environmental impacts

Suggested Mitigation Measures

Land Acquisition estimates

Buildings and Structures

Entitled type of property to be compensated

Tentative schedule for the implementation of the RAP

Valuation Costs Estimate (Ug.Shs)

Indicators to be monitored for Vurra-Arua-Koboko-Oraba Road

Page No.

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XVI

4-2

4-3

4-4

4-7

4-10/12

5-4/9

5-11

5-l3

6-4/5

6-6/7

6-7

6-8

8-1

10-3

11-1

12-4-5

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Feasibility Study and Detailed Design of Vurra-Arlla-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

LIST OF ABBREVIATION

AIDS

AOI

HC

HH

EIS

DC

DEO

LC

NEMA

NGO

M&E

MoW&T

PAP

RAP

ROW

UNRA

Acquired Immunodeficiency Syndrome

Area ofInfluence

Health Centre

Household

Environmental Impact Statement

District Commissioner

District Environment Officer

Local Council

National Environment Management Authority

Non Governmental Organization

Monitoring and Evaluation

Ministry of Works and Transport

Project Affected Persons

Resettlement Action Plan

Right of Way

Uganda National Roads Authority

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Feasibility Study and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

TERMINOLOGIES AND DEFINITIONS

Community Based Organizations (CBOs)

Small representative groups which normally operate voluntarily at the village level.

Chief Government Valuer (CGV)

The Chief Government Valuer is mandated on behalf of Government to approve the value of

property, land and the level of compensation for all the affected persons along the route.

Non-Governmental Organizations (NGOs):

These are legally registered organizations working outside government frameworks and are

engaged in development activities to compliment Government programmes.

Entitled Persons (EPs)

Entitled Persons are PAPs who either qualify for, or are entitled to, assistance and/or

compensation as they will be relocated or otherwise affected by the Project. EPs are deemed to

include persons entitled to compensation under the legal framework of Ugandan Law.

Head of the Household

Head of the Household is defined as the eldest member of the core family in the household, for

the purpose of the project.

Household Unit

The Household Unit is defined as a group of persons, blood-related or not, who commonly live

together and would take their food from a common kitchen unless the exigencies of work

prevented any of them from doing so.

Household Unit Size

An entitled household is treated as one unit. If a household loses a house, all members share in

the compensation and assistance, although the compensation will be paid to the title holder. It is

up to the household unit to distribute assistance amongst themselves.

Lost Assets

Lost assets will be valued at full replacement cost.

Lost Income Opportunities

Lost income opportunities will be assessed and compensated on the basis of the losses caused by

the project. If a household or family has several adult members who will lose their incomes, all

will be compensated.

v

1


Private Property Owners

Private property owners are persons who have legal title, or no title to structures, land or other assets and are accordingly entitled to compensation. In the case of a joint title deed, the replacement land or cash compensation will be given to the joint holders who will be treated as a unit.

Project Affected Groups (PAGs)

Project Affected Groups are groups or communities, which may be affected by the project. A group is generally limited by geographical location. As far as group entitlement is concerned, there is increased attention for the weaker or less represented groups in society.

Project Affected Households (PAHs)

Project Affected Households are households on which, as a household unit, the Project may impact.

Project Affected Persons (PAPs)

Project Affected Persons are individuals on whom the Project may impact either directly or indirectly.

All PAPs are entitled to restoration of their standards of living and compensation for the material losses they suffer, plus entitlement to share in the project benefits. Compensation for assets will cover full replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for compensation or rehabilitation of their livelihoods for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets.

Rehabilitation

Rehabilitation means the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project.

Resettlement

Resettlement means to provide the arrangement of product and livelihood for the PAPs and to ensure they will be able to realize the benefits ofthe project outcomes. It mainly includes:

• Restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure;

• Restoration of other adverse effect on PAPs' living standards (quality of life) through land requisition (such as the adverse effects of pollution);

• Restoration of or compensation for affected private and public enterprises; Vulnerable Groups

Vulnerable Groups are PAPs who are more vulnerable than ty.pical PAPs and who may suffer more, economically or socially, from relocation to a new community. For this project, PAPs falling into one of the following groups are automatically considered members of a vulnerable group:

..

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• Woman - headed households; • Widows and widowers; • Indigenous population • Orphans and those with Disabilities

The socio-economic survey of PAPs provided the data necessary to identify members of vulnerable groups in the project corridors. Children and elderly ,who could also be considered as members of vulnerable groups, may also be eligible for assistance and support mechanisms under the collective category, if found necessary in subsequent stages of investigation.

Woman Headed Household

A Woman is the principal earning member of the family, and no male member (excluding the disabled) in the family, older than the principal earning member as above, is earning (earning excludes pension payments and interest payments on deposits).

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EXECUTIVE SUMMARY

The Government of the Republic of Uganda has received financing from the International Development Association (IDA) toward the cost of Road Development Program Phase 3 Project (RDPP3) and intends to apply a portion of the funds to eligible payments under the consultancy services for the feasibility studies, detailed engineering design, and preparation of prequalification and bidding documents for the upgrading and assistance in the bidding to paved(bitumen) standard of the Arua-Koboko-Oraba road.

Background to the project The project road traverses through three main districts namely: Arua District, Maracha-Terego District and the Koboko District The project road can be divided into four links, Vurra Custom Corner through Eruba to Arua (l6.6km);Arua to Manibe(6.6km); Manibe to Koboko(50km); and Koboko to Oraba(l9km).The Vurra-Eruba Customs Corner section (9.6km) is gravelled surface which the Eruba-Arua (7km) is paved and forms part of the recently constructed Arua-Nebbi trunk road. The Arua to Manibe Link, which starts at the roundabout at the outskirts of the AruaNebbi road, consists of 4km paved (bituminous) section through the Arua Township to the Arua Airstrip and 2.2km of graveled surface road to Manibe. The Manibe to Koboko Link (50km) is gravelled surface. The Koboko to Oraba Link (19km, end of project road located at north western Uganda border with Southern Sudan) is also gravelled surface.

Objectives of RAP

The objective of the Resettlement Action Plan (RAP) is to provide a plan for resettlement and rehabilitation of Project Affected Persons (PAP) so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels.

To achieve this, the plan provides for the rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods.

More specifically, RAP aims to;

• Iidentify persons (individuals or groups) who are affected by the project either by the necessary destruction of existing buildings, constructions or crops, or by the need to acquire land of twenty five meters (rural areas) or fifteen meters (major urban areas) on either side, of the road centreline;

• Identify, through consultation, appropriate options for resettlement and compensation of PAP which are consistent with the relevant policies of the World Bank and Ugandan laws;

• To raise and spread awareness of the project and its consequences among the public in general and those that are directly affected by it in particular;

• Prepare an indicative cost of thc compensation and resettlement plan, setting out strategies and schedules to mitigate adverse effects.

Methodology

The methodology and approach adopted in preparing this RAP is consistent with thc Government of Uganda policy framework and the World Bank Involuntary Resettlement Policy O.P.4.12

viii

http:O.P.4.12

Feasibility Study and Detailed Design (jf VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Baseline data was collected and potential direct and indirect impacts to the affected persons identified and analyzed. Mitigation measures have been put in place to address negative impacts, and compensatory plans have been designed and recommended.

This RAP report, relevant documents on resettlement plans and guiding reports on the legal framework in respect to the situation for affected people were reviewed. In addition field surveys (Valuation and strip maps), field data collection; formal and informal interviews were carried out with project-affected persons and Local Council officials. Religious and governmental institutions were also consulted. Interviews were carried out to ascertain thedisinterested views of the project-affected persons about the compensation process.

The relevant consultations comprised two main components:

(i) Community meetings; and (ii) Interviews conducted at the village and household level on the basis of questionnaires

These consultations took place from January 2009 to March 2009(Feasibility Design Phase) and April to June 2009(Detailed Design Phase). -See chapter 5 for Public Consultations with project affected people and organizations

During these meetings, land acquisition issues were highlighted and the land acquisition requirements of the Vurra-Arua-Koboko-Oraba road were emphasized. Frequently raised enquiries of the potentially affected people were answered. Consultations included public meetings and interviews with key stakeholders. In addition, informal discussions were held with transport operators (truckers, taxi operators and vehicle owners and drivers, and bus inspectors). A sequence of meetings will continue mainly with those directly impacted by the road including structured discussions with local leaders and affected women and vulnerable persons during the implementation phase.

The purpose of the socio-economic study was to identifY affected people (including owners and users of land) and the impact on their property and their production systems. The nature of human settlement along the road is intermittent and the project road area is fairly populated. The majority of people living along the road are engaged in subsistence agriculture. However, there is limited commercial trade in some trading centres which basically is buying and selling of essential household goods.

Impacts

The indirect impacts will stern from multiplier effects on ecosystem and human habitat, induced by increase in traffic volumes and greater accessibility throughout the project area. The impacts of the proposed road are assessed in relation to the construction phase and the post construction phase. The Construction phase includes all impacts resulting from upgrading of the road and the activities of road construction itself. These will largely be under the control of the Supervisor/ Contractor under the Client (UNRA)

Overall, the upgrading of the Vurra-Arua-Koboko-Oraba road will create job opportunities for workers to be recruited along the project road. There is much anticipation among the roadside

ix


communities that local labour will be employed on the road project, especially to carry out manual and unskilled tasks. The semi skilled and unskilled positions would include: drivers, traffic guideslflag bearers, chain men, Manson, casual labourers, watchmen, etc. The number of local people who could be employed by the project will be in the region of 300-400 people

The potential impact on flora is considered medium and is both short and long-term. The most important aspect of the project that may impact on vegetation is the need for cooking energy by the construction workers as opposed to clearing during construction. Impacts in terms of land take, destruction of buildings, loss of trees and crops, and loss of livelihoods will be minimal since the road improvements will largely follow the existing road alignment.

A potentially high impact is the possibility of a new charcoal production industry in the project area where there is substantial woodlands. There are two possible scenarios: Increased urbanization, and enhanced immigration rates along the project road, hence greater localized demand for firewood and easy transportation of charcoal and firewood to larger urban centres beyond the project area.

UNRA will be in charge of implementing the project in consultations with other key stakeholders (National and Local Government Institutions). The Authority is responsible for all major roads in Uganda, hence coordination and collaboration with other stakeholders of the project will be ensured. Monitoring/support supervision, sourcing for funds, ascertaining extent of compensation/resettlement, ascertaining PAP, determining final alignment, coordinating between different stakeholders, and resettlement guidance will all be the responsibility of UNRA.

x


r-T_ab_l_e_O_-_2_:__S_u_m_m_ary-,,-o_f_I_s_su_e_s_fi_ro_m_~t_he_P_A_P..,--_... .. ____-., I Issues/concerns Remarks I ' People prefer being paid cash through a bank. Each No buildings houses for the pr~ject affected people ,

PAP would open a bank account where money . could be deposited, rather than cash to be paid ! Step back on existing land encouraged rather than ~ • through individuals. moving to new areas

; m_-,--____-l-I---,._-:-:-____--,-_--:-___---__-,

! Lack of legal title to land and assets that would be All affected people have been recorded during the affected and thus fears that their entitlements may RAP

• not be recognised; .

r:nc~mpletebUilding/ongOing construction ,land To be addressed during the expropriation and transfers and ongoing construction, especially compensation phase by UNRA with regard to inherited land, and thus about ' difficulties that may be encountered in getting Structures identified except issue of cut of date to compensation and/or legal recogn ition as owners; . be de-,t_e_rm---,-in_e._d_b_y-,---U-:N_RA--,--__--,-__--=_--:-::---:--i

Actual compensation date/ period To be determined by UNRA and will be I communicated to PAP's b ~ngs up of Grievance Committees were agreed The composition of the grievance committees and

upon. The membership will comprise (LCI, an when to be determined by UNRA elder/opinion leader, a woman ,a member from the PAP, an active CBO or NGO within the locality.

• and two technical people(UNRA and Lands or a

i lt,-,an",-tL,)-,-----,---~-----:-------r--_:__-,-~----::-r--c-Consu__ ______I Recei~ing fair compensation for expropriated land I In the interest of UNRA as per the Constitution of and assets including mechanism for making Uganda and regulations

I expropriation payments , I ! Needing more information on the land acquisition Shall be availed in the process of the landI

process . acquisition and compensation ,

Land expropriation and compensation (private, UNRA common, pasture lands, crops and assets etc)

• Impacts on livelihoods (Le. animal husbandry; Monitoring by UNRA as contained in RAP I access to farm/grazing lands);

There is shortage of water, electricity ! infrastructure in many communities

and other· Ministries responsible to address the general concerns, but those that are affected by the project to be addressed by UN RA as contained in RAP

Land expropriation and compensation (private, To be done in accordance with the UNRA and common, pasture lands, crops and assets etc) Consultants Community relations; and Management and! monitoring of the road works; I

-~--------,--:-----,----------~

Affected persons, irrespective of their status (whether they have titles, legal or non legal rights) are eligible for some form of assistance if they occupied the land before the entitlement cut-off.

xi


The entitlement cut-of refers to the time when the assessment of persons and their property in the project area is carried out. Thereafter, new cases are not to be entertained. The key determinant for compensation is on the basis of a pre-project census during which all residents were identified. The following is a summary of valuation estimate costs.

Community Participation and Consultation

In preparation of the RAP Local Council leaders and road side communities were consulted to consolidate community/stakeholder participation in compensation and resettlement activities. They expressed high expectations regarding project related opportunities and therefore accord it high priority. Their participation was invaluable and will continue to be so during implementation of the RAP. Meetings were held with UNRA, MLHUD, Arua/Terego/Maracha District, Koboko District, NGOs and others.

Organizational responsibilities and institutional roles

In terms of compensation and resettlement, the overall responsibility, lies with UNRA, The Ministry of Lands, Housing and Urban Development (MLH&UD) is a key player whose responsibilities will be in setting out compensation principles, approving valuation schedules and ascertaining the compensation rates.

Following determination and characteristics of all project affected persons (PAP), the valuation of assets to be compensated and preparation of the complete list, the onus of executing the RAP falls on UNRA .Given the multiplicity of functions under UNRA and the importance of carrying out the compensation exercise in a timely and efficient manner, UNRA is advised to sub-contract the services of a consultant for this purpose. The consultant would make all payments to the beneficiaries already identified and approved by the Chief Government Valuer ( Ministry of Housing, Lands and Urban Development), and any other PAP who may be identified in the course of construction.

Other institutions are the local councils and chiefs in the project area and their role is ascertaining ownership, general community mobilization and sensitization, immediate adjudication over ownership and boundaries and receiving complaints.

Grievance procedures

Grievance committees that will have been established for the purpose of' resettlement implementation and scrutinizing the interests of the affected people will be informed about the registration. During the preparation of this RAP composition of ad-hoc grievance committees were proposed and will have to be agreed upon by the Client and the Ministry of Lands, Housing and Urban Development. The Grievance committees should include members from the respective villages, village elders, representatives of the PAPs, Chiefs and members of the Area Land Committed/District Land Boards and voluntary development organizations (NGO and CBO), if any, in the project area. The registration process is intended to involve different parties in different villages in the resettlement/compensation process to avoid disputes or

xii


misunderstandings at a later date. A grievance form has been provided in this RAP (See Annex 7). Registration forms should be prepared to ease the task.

More so, this will ensure that Project Affected Persons take an active part in the monitoring of the resettlement activities (Participatory Monitoring). Monitoring reports will be submitted to UNRA and key stakeholders: the World Bank and Government of Uganda. Reports will be submitted on a quarterly basis. Funding provisions for the monitoring and evaluation activities will be put in place in time to avoid delays in project implementation.

Monitoring should assess in particular the situation of the vulnerable groups such as small and marginal landholders, unskilled labourers, mobile vendors, tribal populations, women, and children, the elderly and disabled persons.

Baseline survey data that has been provided in the RAP document is necessary to provide the benchmark for measuring and evaluating the success of the RAP. This is important for the Implementation team prior to resettlement to scrutinize such data.

Monitoring will cover the physical progress of the resettlement site including provision of infrastructure for markets and road side amenities.

Implementation schedule

UNRA is responsible for implementation of the RAP as part of the road upgrading project.

The GoU, through UNRA, will technically and finanCially assist PAPs with re-establishment of their livelihoods and social and economic networks. RAP is a development package, not simply a welfare solution. It will encourage PAPs to help themselves, by enabling them to actively participate in the selection of appropriate compensation and assistance options. A tentative Schedule for the implementation of the RAP is proposed in Table 10.1.

Compensation System Affected persons irrespective of their status (whether they have formal title or not) are eIigible for some kind of assistance if they occupied the land before the entitlement cut-off. The entitlement cut-off refers to the time when the assessment of land acquisition and compensation for crops and buildings was carried out. Thereafter, no new cases will be entertained.

The categories of PAPs eligible for compensation are people who lose productive assets, including land and permanent crops, people whose houses enchroach on the works and therefore need to be removed, people who are indirectly affected by the project by loss of income and livelihood and any other group of persons entitled to compensation according to the laws of Uganda.

New comers after resettlement surveys (land and Valuation are not eligible to compensation or any form of resettlement assistance.

Although initial formal notification to the affected people about the project was achieved during the community meetings and in the sub counties, it is more formal notices shall be issued especially during the valuation surveys.

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It is expected that an number of complaints and grievances will be raised about aspects of the resettlement planning. A compensation appeals system will be put in place to attend to complaints where possible but refer those requiring administrative and legal remedies to the rightful institutions such as the District Land Board, Administrator General's office and to Courts of Law

Payment procedure of Compensation To avoid some people being disadvantaged in the process of development, it is important to

minimize resettlement effects. If resettlement is unavoidable, appropriate remedies shall be agreed between UNRA and CGV.

Two of the most important aspects of the Rap will be resettlement/compensation of persons whose houses will need to be removed and compensation to entitled persons for loss of land and crops either temporary or permanent.

A Compensation Monitoring Team (CMT) will be formed to pay compensation to the affected families, monitor and evaluate implementation of the RAP for UNRA. The CMT will work closely with the Sub County and local council Chairperson's leaders to address complaints and grievances by the affected communities.

Financial resettlement or compensation to be paid shall be based on the Valuation Report approved by the CGV. The Valuation Report shall contain lists of the PAPs and their properties atIected which Government will use as a basis for ascertaining the lawful property affected persons during compensation.

Compensation payment will be undertaken transparently, expeditiously and a customer friendly manner.

Any PAP with a complaim will be advised to submit the complaint in writing through the local council chairperson and the Sub County Chief for onward submission.

xiv

Feasibility Study and Detailed Design of Vurra-Arua-Kobolw-Road Resettlement Action Plan Final Detailed Engineering Design Report

COST ESTMATES

The estimated cost for compensation and the PAP relocation is shown below. It presents the compensation costs and other costs related to this compensation.

Table 0-2: Summary of Cost Estimates

I Estimated---,-I-D-j-st-u-r-ba-n-c-e------,'-To-ta-I-C-o-m-p-en-s-at-io-n-I Item I Numbers · Value · Allowance 15% Estimate

(Ug. Shs) (Ug. Shs) (Ug. Sbs) I i

I 287.97 Ha 3,174,479,432 1 476,171,915 I 3,650,651,346I Land i

• Buildings/Structures & 594,207,255 i

•

4,555,588,9553,961,381,7001,097Crops/Trees I

8,206,240,301ISub Total Costs ... ...

Local • Government/Institutional

50,000,000• Lump Sum i Representative's

allowances

i

Total .2")6.240.

NB: See Annex 8 for details of compensation costs

Monitoring and Evaluation The purpose of the monitoring and evaluation is to report on the effectiveness of the implementation of the Resettlement Action Plan (RAP), covering physical resettlement, disbursement of compensation (financial resettlement) and effectiveness of the public consultation amongst others. It helps to assess whether mitigation measures under the law are effective and address the social impacts on the communities, to measure success of financial compensation as a mitigation measure in minimizing social impacts to monitor the need for and implementation of corrective actions and to verify performance of the road contractor, sub contractor and project consultant.

Monitoring of the compensation and resettlement processes will be based on social indicators from the participation process, in the upgrading ofVurra-Arua-Koboko-Oraba road, as follows:

• Number and percentage of affected households consulted during the planning stage;

• Level ofdecision making of affected people;

• Level of understanding of project impacts and mitigation/resettlement options and awareness;

• Effectiveness of local authorities to make decisions:

• Frequency and quality of public meetings; degree of involvement of women or vulnerable disadvantaged groups in discussions.

xv


The following social indicators, for monitoring of the implementation plan, have been considered:

• The appropriateness of the relocation sites i.e. step back;

• income ofaffected peoples;

• Effectiveness of compensation payments and procedures

• The appropriateness of the grievance mechanism

• Mechanisms for assisting vulnerable groups.

Implementation of land acquisition and compensation of the affected communities will be carried out in accordance with the provisions of the RAP to ensure success. Internal and external (independent) monitoring and evaluation will be carried out. The internal monitoring will be carried out by UNRA by checking particular indicators to ensure that all the responsible units follow the schedule, plan, and provisions of the RAP. Monitoring and evaluation will be purposely undertaken to ensure that checks and balances are effectively handled. Internal monitoring will be on going until the end of the programme.

xvi

1

1.1


INTRODUCTION

Background to the Project The Government of the Republic of Uganda has received financing from the International Development Association (IDA) toward the cost of Road Development Program Phase 3 Project (RDPP3) and intends to apply a portion of the funds to eligible payments under the consultancy services for the feasibility studies, detailed engineering design, and preparation of prequalification and bidding documents for the upgrading and assistance in the bidding to paved(bitumen) standard of the Arua-Koboko-Oraba road.

The Arua-Koboko-Oraba road is part of the Uganda National Roads Network. The road lies in the Arua District which was subdivided into three districts in 2006. These districts are known as Arua Municipality, Maracha-Terego and Koboko. The capital town of the Koboko district is Koboko. Due to some political problems, the capital town of Maracha-Terre go has not been designated and until the problem is resolved Arua will be considered as the district capitaL

The project road traverses through three main districts namely: Arua District, Maracha-Terego District and the Koboko District The project road can be divided into four links, Vurra Custom Corner through Eruba to Arua (l6.6km);Arua to Manibe(6.6km); Manibe to Koboko(50km); and Koboko to Oraba(19km).The Vurra-Eruba Customs Corner section (9.6km) is gravelled surface which the Eruba-Arua (7km) is paved and forms part of the recently constructed Arua-Nebbi trunk road. The Arua to Manibe Link, which starts at the roundabout at the outskirts of the AruaNebbi road, consists of 4km paved (bituminous) section through the Arua Township to the Arua Airstrip and 2.2km of gravelled surface road to Manibe. The Manibe to Koboko Link (50km) is gravelled surface. The Koboko to Oraba Link (l9km, end of project road located at north western Uganda border with Southern Sudan) is also gravelled surface.

The upgrading of the proposed Vurra-Arua-Koboko-Oraba to bitumen standards will affect communities along the proposed acquisition of the road reserve of 50 meters in rural area and 30 meters in the urban areas (Mo WT Classification of Roads, Design Manual 2007). This is particularly true of areas where the upgraded road will pass through people's properties and dwellings. This may lead to involuntary displacement of people within the Right of Way (ROW) thus resettlement and compensation. Because involuntary displacement disrupts and impoverishes communities, it should be avoided, or at least minimized. If displacement is inevitable then displaced persons should not only be adequately compensated for their losses, but they should be given opportunities to share in road project benefits, and assisted in improving their livelihood.

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Map 1: Location of the project road

Sqdan

TanzanIa D~R. Congo

L.e9~od

T;),'

Feasibility Stuczv and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

The Consultant internalized the requirements of UNRA Land Acquisition Draft: Manual April (2009) which spells out three phased activity for RAP and land acquisition. These are as follows: Phase l:Initial Assessment for RAP, Phase 2:Survey and Valuation: Phase 3:Compensation Payment).The Consultant understanding of the ToR is that a Preliminary/Initial Resettlement Action Plan(RAP) is what will be done and achieved in the proposed time framework.

The initial RAP has been undertaken to ensure that a systematic assessment of potential losses is made and action taken to minimize damage or loss to project affected people. RAP considers loss of access to resources( crops, woodlots, wells, business, services) or temporary displacement due to construction( e.g. earth moving etc).

The report is based upon the following sources:

• Broad consultation "vith project stakeholders (National and Local level)

• Rapid surveys on the proposed road alignment(Vurra-Arua-Koboko-Oraba)

• Socio-economic surveys and sample household of the alignment

• Valuation, estimates of affected properties

• Social economic environmental study report.

1.2 Project Activities The construction works on the Vurra-Arua-Koboko-Oraba road will include the following activities: site clearance and earth works including some very minor re-alignment; pavement construction; provision of shoulders, road side amenity, bus bays; provision of climbing lanes; road marking and road signs; and, provision of bus bays parking near trading centres.

The width of the bitumen surfaced carriageway will be 6.5 m, with shoulders generally of 2m width, but possibly reducing to 1.5m in some places (according to terrain). The project road will follow the existing alignment as closely as possible, compatible with design standard and road user safety and comfort requirements. However, some minimal realignment may be necessary, particularly at bridge approaches. New drainage structures, including bridges, will be constructed or rehabilitated, while junctions and accesses will be improved in line with safety and capacity requirements.

Some of the main activities that will be associated "vith the road upgrading include but are not limited to: • Establishment of construction camps; • The establishment of temporary and permanent accommodation; • Earthworks • Construction of workshops; • Transportation of construction materials and equipment:

1-3


• Water abstraction; • Recruitment of labour force; • Construction of detours and access routes; • Borrow pits and material extraction; • Crushing and screening of materials; • Screening, mixing and stockpiling of aggregates; • Heating of bitumen and aggregates separately and then jointly using energy; • Construction of drainage structures, e.g culverts, bridges; • Excavation of side drains, mitre drains and cut off drains; • Pavement construction; and construction oferosion protection works.

1.3 Objectives of the Resettlement Action Plan (RAP) The Resettlement Action Plan (RAP) aims to ensure that the losses incurred by affected people are addressed and that Project Affected Persons (PAPs) share project benefits. In addition, they are assisted to develop their economic potential in order to improve or restore their incomes and living standards to previous levels and are not worse off than they would have been without the project. Specific objectives were to

To achieve this, the plan provides for the rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods.

The specific objectives of this Resettlement Action Plan (RAP) and Land Acquisition Plan (LAP) are:

• to identify persons (individuals or groups) who are affected by the project either by the necessary destruction of existing buildings, constructions or crops, or by the need to acquire land of twenty five (25) meters on either side of the road on the sections of realignment or widening along the road and fifteen (15) meters either side in urban areas;

• to estimate the preliminary costs necessary for resettlement/land acquisition; • to identify, through consultation, appropriate options for resettlement and compensation of

project affected persons (PAPs), according to the World Bank Resettlement Policy Frameworks Operative Policy (0 P) 4.12;

• to raise and spread awareness of the project and its consequences among the public in general and those that are directly affected by it in particular;

• to ensure that any displaced persons receive compensation due to them and are not disadvantaged by the project; and

• to prepare a Resettlement Action Plan (RAP) which sets out strategies and schedules to mitigate adverse effects.

The RAP will set the parameters and establish entitlements for project affected people (PAP), the institutional framework, mechanisms for consultation and grievance resolution, the time schedule and the budget, and propose a monitoring and evaluation system. The agreed entitlements package will include both compensation and measures to restore the economic and social base

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Feasibility Study and Detailed Design ofVurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

for those affected. It will address the requirements of the Government of Uganda and the World Bank for land acquisition and resettlement/relocation

Outline and contents of RAP report According to the Tenns of Reference by Uganda National Roads Authority (UNRA) requested that a Resettlement Action Plan (RAP) be a standalone report though the ESIA will infonn the RAP process and report. The report is based on UNRA Land Acquisition Management System April 2009. This is a guide to the management of land acquisition of the road reserve for UNRA and its suppliers to clarifY the roles and responsibilities of all parties, and to give step guidance to the implantation process. It has further taken into account Wodd Bank Resettlement Operatives Policy(OP) 4.12

The following are the contents of the RAP

• Introduction and project background

• A review of the policy, legal framework and institutional framework

• Census and socio-economic survey infonnation in the project area, i.e characteristics of PAP, eligibility, venerable groups;

• Assessment of project impacts, land acquisition and resettlement

• compensation entitlement criteria, assistance and strategy

• Framework for public participation, consultations, grievance redress and participation strategy

• Proposed road reserve and notices

• Resettlement cost estimates and budget for implementation of RAP

• Implementation arrangements and schedule

• Monitoring and evaluation

1-5

2


APPROACH AND METHODOLOGY

The methodology and approach adopted in preparing this RAP is consistent with the World Bank Involuntary Resettlement Policy and Government of Uganda resettlement policy. Resettlement planning is effected whenever displacement/relocation of project-affected persons is part of project activities. Baseline data was collected and potential direct and indirect impacts to the affected persons identified and analyzed. Mitigation measures have been put in place to address negative impacts and compensatory plans that have been designed and recommended.

For this RAP report, the following activities were carried out,

• Literature Review: This involved reviewing mainly policy and legal framework with the intention of an advice to UNRA or the omissions or suggestion for improvement. The review further includes social economic status, community structure, land use, infrastructure and services profile along the existing alignment. Much of the literature reviewed was current and relevant to the resettlement plan.

• Field Surveys: Reconnaissance surveys using interview instruments (January-June 2009) were carried out along the alignment to screen out people's resources, facilities and services to be affected by the project. Analysis of the field survey data consolidated the nature of recommendations put forward for the successful implementation of the resettlement plan along the project road.

• Community participation with the project affected people in this RAP refers to a range of activities that members of the beneficiary community can do to assist in planning and/or implementing the resettlement action plan.

• Rapid Beneficiaries Assessment (RBA) was used as a qualitative research tool involving systematic consultation with project beneficiaries and other stakeholders to obtain their views on a planned upgrading of the Vurra-Arua-Koboko-Oraba-Road intervention. Beneficiaries Assessment helped beneficiaries to identify any potential constraints to their participation in the RAP, and obtained feedback on reactions to an intervention during implementation. These complimented the broader social development issues that had already been analyzed through the Social Impact Assessment (SIA), where the needs and interests of key stakeholders have been identified. The rapid beneficiaries' assessment helped to identify any factors that would make it difficult to generate intended benefits. Critical examination was mainly focused on the nature of people to be relocated/displaced, community resources to be affected and the nature of economic activities and means of livelihood to be disrupted as a result of the project.

• In addition field surveys, field data collection; formal and informal interviews were carried out with project-affected persons and Key stakeholders in respect to the Resettlement Action plan, These included but not limited to: UNRA Officials, District Officials, Uganda Aids Commission; Ministry of Health (Arua and Maracha Hospitals) Ministry of Land, Housing and Urban Development: Local council officials (LCV -LC I), and representatives of NGOs and CBO peoples organizations in the area.

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2.1 Public Consultations and Discussions with Project Affected People (PAP's) Various discussions were held with Officers in UNRA (Land Acquisition Specialist), Ministry of Housing, Land and Urban Development, Government Chief Valuer, District Physical Planners (Arua and Koboko) and Town Planners, Local Council Officials (LCV-I).

Comprehensive consultations were held with communities along the alignment, during the environmental and social impact assessment phase and the preparation of this RAP (See Annex 1, 2, 3, 4, 5 and 6). The discussions elucidated the current development potential to be affected by the resettlement process, at construction and after construction stages; attitude towards resettlement, compensation, and land takes.

2.2 Scope of Land Acquisition and Resettlement

2.2.1 Steps taken to minimize land acquisition and resettlement Impacts

Steps taken to minimize land acquisition in major towns/urban centres i.e in Vurra, Okokoro, Ovision, Koboko and Oraba carriage way would be maintained without necessarily acquiring the 50 meters. Instead 30 meters would be adequate.

It is envisaged that about 1097 persons will be affected as a result of the construction of the road, because their land will be acquired, or that they will be dislocated, their property and crops will be destroyed or may suffer all of the above. Where land acquisition is inevitable, the affected communities' have been given the option to resettle as near to their relatives/ areas/ friends as possible, so as to minimize undesirable social costs of re-integration in totally new areas/communities.

Public Institutions such as Health centres (Maracha and Koboko hospitals), Schools (Kijomoro primary School), health centres (Oleba) and Ovujo Catholic church will be affected as part of their compounds will be acquired as part of the road reserve.

Though cultural sites and monuments such as at Vurra customs (Grave for soldiers), Koboko Hill/rock, Burra cultural and Kejebe cultural, are located within the road reserve, since these sites do not impair visibility, it was agreed with UNRA and the community that they should be left intact.

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Feasibility Stlldy and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

3 POLICIES, LAWS AND ADMINISTRATIVE FRAMEWORK

3.1 Legal framework, laws and regulations

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

• The Uganda Constitution (Amendments) (No. S land 2)Act of2005.

• The Land Act, CAP 227, 1998 and the Land Regulations, 2004(SI 100-2004)

• The Local Government's Act 1997

• The Town and Country Planning Act, 1964

• UNRA Resettlement/Land Acquisition Policy Framework,2002

• The Access to Roads Act,1965

• Valuation Act 1965

• The Land Acquisition Act CAP 226,1965

• The Registration of Titles Act CAP 230,1924

• The Roads Act CAP 358,1949

• The Survey Act CAP 232,1939

• The Surveyors Registration ACT CAP 275,1974

• Local Bylaws: and

• World Bank Involuntary Resettlement Policy Framework (O.P) 4.12, November 2003

The Uganda Constitution 1995 is the supreme law in the country. Article 237(1) of the Constitution vests all land in Uganda in the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government may acquire land in the public interest.

Article 26 provides that every person has the right to own property and no person shall be compulsory deprived of property or any interest in or right over property except where acquisition is necessary for public use and where compulsory acquisition is made under a law which provides for prompt payment of fair and adequate compensation prior to the taking of possession or acquisition of the property and there is a right of access to a court of law by any person having an interest or right over the property.

The Constitution also prescribes the tenure regimes in accordance with which rights and interest in which land may be held (Customary, Leasehold, Maiio, and Freehold). It provides procedures to follow during the acquisition of land in the public interest and provides for the "prompt payment of fair and adequate compensation" prior to taking possession of land.

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.The Land Act 1998, CAP 227,1998 and the Land Regulations, 2004(SI 100-2004)

This is an Act to provide for land tenure in Uganda. The Land Act addresses land holding, management control and settlement of disputes. Any developer should seek to enter into mutual agreement with the occupier or the landowner upon payment of compensation. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Committees (PLC) and Land Tribunals. Section 78 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by DLBs. Value for customary land is the open market value. Valuation must be done by a qualifIed and authorized valuer. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda the right to own property.

The Vurra-Arua-Koboko-Oraba road is mostly composed of a customary (bona fIde Occupant) and public land Ileasehold tenure systems. Customarylbona-fIde occupant land is the most dominant tenure system along the road.

The land regulations 2004 provides for registering of communal lands there is no single registered communal land along the Vurra-Arua -Oraba-road traverse to be acquired. It is therefore suggested to UNRA that during the compensation and expropriation of land it could have an impact to the process.

The customary land tenure system, however, has the disadvantage of having no written records for easy reference, which makes it difficult to resolve land conflicts. Customary land is not surveyed so as to have fIxed boundaries, neither are there kept written records of owner and change of ownership. Available information depends on the memory of the concerned individuals. Cases of grievances may arise as a result of inheritance in case ofa family dispute.

The Land Acquisition Act CAP 226,1965

The land Act Acquisition Act CAP 226, 1965 provides for proVISIOn for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected therewith.

Section 2 allows an authority to enter and examine land for any surveyor preparatory work, for example during feasibility, preliminary and detailed design, as long as. compensation is paid for any resulting damage to property.

Section 3 requires the Minister to make declaration that land is required by Government for public purposes, through a statutory instrument, which specifIes the location and approximate area of the land to be acquired, and a place and time at which the plan of the land may be inspected.

The declaration is to be served on the registered proprietor, occupier or controlling authority of the land.

The statutory instrument to this em~ct has not been issued and therefore UNRA is advised to expedient the declaration through Uganda Gazette as provided for under section 3.

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The Registration of Titles Act CAP 230, 1924

Including The Land (Amendment) Act, 2004 and Statutory Instrument 230-1.The Registration of Titles (Attestation of Documents )(Authorized Witnesses )Instrument.

This is an Act relating to the transfer of land and registration of titles. Section 150 requires that all surveys required by the register shall be made in accordance with the requirements of the Commissioner of Lands and Surveys, and no plans shall be accepted by the registrar unless they have been authenticated by the signature of the commissioner or someone authorized by him or her in writing.

The Act is silent on pieces of lands that were in the process of titling (uncompleted processing of acquiring a certificate of title),

The Roads Act CAP 358, 1949

The Act allows the Minister to declare, by statutory instrument, an area bounded by imaginary lines parallel to the centreline of a road to be a road reserve, which prevents any person( except with written permission of the road authority) to erect any building or plant.

The current acquisition of the 50 meters of road reserve is being done without having repealed the above Act, though it is provided in the Ministry of Works and Communications Design Manual.

The Survey Act CAP 232, 1939

An act to provide for and regulate the survey of lands, Section 2 states that the commissioner for lands and surveys may authorize the carrying out any land survey provided that a notice specifying the local limits of the area affected is published in the Gazette. The government surveyors are responsible for controlling and carrying out any survey under this section. The Act has been taken by events in that registered surveyors can undertake the surveys not necessary working with government survey departments.

UNRA as a developer on behalf of government should provide a notice specifying the area to be affected and publish them in the Gazette.

The Surveyors Registration ACT CAP 275,1974

Act to provide for the establishment of a Surveyor Registration Board, to define the powers and functions of the board, to provide for the registration of surveyors and for other matters connected therewith. The Act provides for a Surveyors Registration Board to be established to ., regulate and control the profession of surveyors and the activities of registered surveyors in Uganda.

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Feasibility Stlldy and Detailed Design of Vurra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

The Access to Roads Act CAP 350,1969

An Act to provide for the procedure by which a private landowner who has no reasonable means of access to a public highway may apply for leave to construct a road access to a public highway and for other purposes connected therewith. The implication of this act is that where land acquisition will affect an existing access to the project road, this access needs to be maintained and / or reinstated.

The Local Governments Act CAP 243, 1997(1ncluding Amendments in 2001, 2005 and 2006(amendments in total)

An Act to mend, consolidate and streamline the existing law on local governments in line with the Constitution to give effect to the decentralization and devolution of functions, powers and serVIces.

To ensure implementation of national policies and adherence to adherence to performance standards on the part of local governments, ministries shall inspect, monitor and where necessary, offer technical advice, support, supervision and training within their respective sectors.

The Local Council's under this provision are expected to closely liaise with UNRA and other agencies to ensure that compensation of affected people is fairly and transparently implemented.

Remunerations of their services to this exercise of compensation is not addressed under this Act. This can have an impact to the land acquisition process especially in regard to allowances and transport.

The Town and Country Planning Act CAP 246, 1951

This is an Act to consolidate the provision for orderly and progressive development of land, towns and other areas, whether urban or rural.

Along the project road there are various urban centres which are not planned and therefore provisions of social services like markets, public toilets being located without a guiding detailed plan. UNRA is advised that some of the proposed amenities can be located away from the main road but within the urban centres in order to avoid linear development which at times has its own disadvantages for the gro'wth of the town.

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3.2

Feasibility Study and Detailed Design of VlIrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed El1gineering Design Report

Resettlement Principles

The World Bank's requirements regarding involuntary resettlement are detailed in Operation Policy Framework (OP) 4.12.The Directive outlines the following principles:

• Acquisition of land and other assets, and resettlement of people should be minimized as much as possible by identifying possible alternative project designs, and appropriate economic, operational and engineering solutions that have the least impact on people in the project area.

• The populations affected by the project are defined as those who may stand to the consequences of the project, all or part of their physical and non-physical assets, homes, homesteads, productive lands, commercial properties, tenancy, income opportunities, social and cultural activities and relationships, and other losses that are identified during the process of resettlement planning.

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3.3 Institutional I Administrative

. .. 3.3.1 Ministry of Lands Housing and Urban Development

In terms of compensation and resettlement, the prime participants are the Ministry of Lands, ... Housing and Urban Development (compensation and Valuation) and UNRA (the Lead Agency)

UNRA therefore must take the responsibility for resettlement, and identification and coordination of other players. In addition Uganda Land Commission, District Land Boards, Land Tribunal, Local Councils need to be involved.

The Chief Government Valuer is responsible for approving and determining the value of property and land and the level of compensation for all the affected persons along the route.

3.3.2 Uganda Land Commission

Land vested in or acquired by the Government of Uganda shall be held and managed by the Uganda Land Commission.

Land Act section 49 states the functions of Uganda Land Commission are to hold and manage any land which is vested in or acquired by the Government in accordance with the Constitution, and they are responsible for procuring the certificates of title for nay such land.

3.3.3 National Environment Management Authority

The National Environment Management Authority (NEMA) is mandated to be the "principal agency in Uganda for the management of the environment" (National Environment Act Cap 153).At district level, the responsibility of the management of environmental issues lies with the District Environment Committees.

While NEMA is responsible overall for the coordination of sectoral environmental issues UNRA must ensure that environmental and social impact assessments for the road projects are adequately carried out, that mitigation is incorporated as appropriate, and that the construction process is environmentally and legally compliant. Furthermore NEMA will be responsible for monitoring the environmental and social repercussions of the road project during construction.

In addition, social economic impacts will be handled through National Environment Management Authority (NEMA) and UNRA. As a result of different laws and legal instruments which apply to road- related environmental and social issues, a number of players are involved at various stages on an environmental social impact assessment.

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3.3.4 Local Councils

All districts in Uganda operate under a five-tier system of local government. The highest level is the Local Council Five (LCV) headed by a district chairman, followed by the LC IV, LC III, LC II, and LC I all headed by the respective Local Council Chairperson. This hierarchy is the political wing of the district administrations, while the District Chief Administrative Officers (CAO) heads the technical wing inclusive of the District Engineer. Within the district, the Resident District Commissioner (RDC) represents the Central Government. The Chief Administrative Officer (CAO) heads all civil servants in the district and is therefore the chief executive officer. The sub-counties are headed by sub-county chiefs, who co-ordinate all the district and central government development programmers at that level. Parish chiefs head the lowest administrative units, namely the parishes.

The Local Council's under this provision are expected to closely liaise with UNRA and other agencies to ensure that compensation of affected people is fairly and transparently implemented.

The local councils their role in the RAP have been involved in identification of the affected people, recording and ascertaining that the rightful ovvners are involved in this resettlement planning process. They will have been involved in ensuring that relevant information from UNRA through meetings reach the project affected people. The local councils will through out the entire process actively be involved in the RAP process (planning stage up to implementation).

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., .

..

4 BASELINE OF INCOMES, LIVELIHOOD PATTERNS AND SOCIAL ECONOMIC ORGANIZATION

4.1 Project area

The project area lies in the districts of Arua, MarachaJTerego and Koboko districts which border with the Democratic Republic of Congo and Sudan. The sub counties that are traversed by the road are: Vurra, Arua Municipality, Manibe, Kijomolo, Oluffe, Nyadri, Oteba, Koboko, Kuluba and Oleba. The major ethnic groups in the project area are mainly Lugbara and Kakwa.

4.2 Population growth and density

The popUlation in the project area grew at an average annual rate of 3.97% between 1991 and 2002. This was much higher than the growth rate observed during 1980 to 1991 which stood at 2.83. The high growth rate is largely due to high fertility levels averaging about 7 children per woman, observed over the last four decades. Given the high growth rate, the district needs to expand substantially its entire infrastructure especially, education, health, and water supply in order to enhance the welfare of its population.

The population distribution in the project area is far from even. There is a relatively heavy concentration of people in the counties of Arua Municipality; Ayivu and Vurra and Koboko district, Maracha, Terego counties are moderately populated. The population density of the project, based on the 2002 census is 153 persons per square kilometre of land for Arua, and 188 persons per square kilometre for Koboko.

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Table 4.1: Arua District Total Population by Sub County and Sex

County

Arua Municipality

Arua Hill

Oli River

Ayivu

Adumi

Aroi

Dadamu

Manibe

Oluko

Pajulu

Madi-okollo

Offaka

Ogoko

Okollo

Rhino Camp

Rigbo

Uleppi

Vurra

Ajia

Arivu

Logiri

Vurra

Total population in the District

Male

21,588

7,283

14,305

81,730

19,240

8,881

12,656

10,936

13,533

16,484

45,535

8,509

6,542

5,761

7,540

14,165

3,018

43,594

9,034

8,106

11,520

14,934

192,447

Female

22,341

7,696

14,645

90,825

21,878

10,017

13,797

12,143

14,746

18,244

48,791

9,444

7,202

6,253

8,103

14,567

3,222

48,267

9,872

9,060

12,397

16,938

210,224

Total

43,929

14,979

28,950

172,555

41,118

18,898

26,453

23,079

28,279

34,728

94,326

17,953

13,744

12,014

15,643

28,732

6,240

91,861

18,906

17,166

23,917

31,872

402,671

Source: population and housing census 2002

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4.2.1 Functional Age Groups A very high proportion of the district population is in the young age group. 23% of the total population is children aged between 0-5 years; 22% are aged between 6-13 years (primary School going age); 54% are aged between 0-17 years. Secondary School popUlation (14-17 years) constitutes 9% of the total population. The productive age group (15-64 years) is 51 % of the total population. Only 2.5% are aged 65% and above. A young population like that of Arua District requires considerable investment in the services for children. For instance, immunization services, pre-primary and primary education, among other things.

. . . opu a Ion )y fT bl a e 4 2 P I f b func IOn bty Age Percent I ProportionPopulation of Selected Age Groups Number

Primary School Age PopUlation (6-12

Years) 174,986 21.0

Secondary School Age (13-19 Years) 138,285 16.6 I

33.5Adolescents (10-24 Years) 279,225 ... ---...

University Age (20-24 Years) 70,678 8.5 i

Children (Below 18 Years) 460,589 55.2

373,339Adults (18 Years and Above) 44.8 ~ -

Youths (18-30 Years)

---"

185,264 22.2 _ .... 432,851Working Age Group (14-64 Years) 51.9

Elderly (60 Years and above) 32,539 3.9 I iGirls Below 16 (Below Official Marriage

Age) 21 25.3 I

Women of Child Bearing Age (15-49 Years) 197,650i 23.7

Women 50+ Years (Above Child Bearing

Age) 34,477 4.1

Source: 2002 Population and Housing Census

Koboko had a total population of 129,200 persons (65,400 females and 63,800 males) according to the results of the National Population and housing Census of September 2002. Over a period of 12 years the population more than doubled from 62,337 to 129,200 in 1991 to 2002. The district's current population is projected to be 189,200 using an annual growth rate of 5.6%.

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Feasibility Study and Detailed Design of Vllrra-Arua-Koboko-Road Resettlement Action Plan Final Detailed Engineering Design Report

Table 4.3 Koboko Socio economic data

Population Total

129,200 (2002)

189,200 (Currently)

65,400(Females)

63,800(Males)

i Population Density 188 persons per Sq. Km

HIV Prevalence rate 2.3%

Primary School enrolment 16,756

A verage household size 7 people

Livelihood Subsistence agriculture

I County (LC 1 V) 1

I Sub Counties(LC 111) 5

Parishes(LC 11 ) 43

Villages(LC 1) 302

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I Source: Koboko District Development Plan 2008/2011

4.3 Land ownership and tenure arrangement along the project road Like in many rural districts of Uganda, land along the road (from Vurra-Arua-Koboko-Oraba) is mainly communally owned and governed by the customary system of tenure ship. Under this tenure ship arrangement, land ownership is vested in the lineage and is allocated by a father to his sons, who in tum, assign it to their wives and children for cultivation. While in theory, it sounds as if no single individual or household owns land under such tenure ship arrangement, in practice the ownership is actually vested in the users. In every community, it is clear which portion of land belongs to which household, and usually the head of the household is recognized as the defacto owner. It is also the head of the household (land owner) who has the responsibility to rent or sell out portion of such land in case of need; though this is usually done after consultation with and the consent of the larger members of the lineage is obtained.

As indicated above, land acquisition under the customary tenure-ship is through inheritance. This being a patrilineal society, it is the sons of the father and not the daughters who inherit the land. Women therefore tend to be excluded from owning land, although they are allowed the right of use. The male elders decide on who owns and uses a particular piece of land. This implies that women and youths are excluded from the processes of deciding land utilization issues, although they are the most active in its use especially for agriculture.

Those who want to have private ownership of land can also apply for lease offer from the state. However, before the state can grant private lease to any single individual, it has to ascertain that

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there is no customary claim over the land in question. Usually, it has to consult with the elders, neighbours and all opinion leaders in such an area.

The Economy and Livelihood

Like many Ugandan districts, the economy within the project area of influence is dependent on agriculture which employs over 80% of the total population. Fertile soils and suitable climate combine to support the cultivation of a number of crops in most parts of the district. Agriculture is mainly subsistence (79.9%) and takes place on smallholdings of approximately two acres using mainly simple farming tools (hoes, pangs and harrowing sticks). Only 0.5% of the populations are engaged in commercial agriculture. Family members constitute the single most important source of labour.

Both food and cash crops are grown. The major food crops include cassava, beans, groundnuts, simsim, millet and maize. Tobacco is the major cash crop and is the main source of livelihood for the majority of the population in the district. It is grown mainly in the fertile highlands. Cotton used to be grown in the lower and drier plains but due to marketing problems, it has been abandoned. Efforts are however underway to revamp cotton production.

Other important economic activities in the district include formal employment, which employs about 9% of the popUlation, petty and formal trade, which employs 3.8% and 0.7% respectively and cottage industry that employs 2.3%. The remaining proportion of the population depends on family support and other miscellaneous activities.

Tobacco is the major cash crop and is the main source of livelihoods for the majority of the people in the district. It is grown mainly in the fertile highlands. The project area actually grows much of the tobacco produced in Uganda. The biggest problem associated with tobacco cultivation is its adverse impact on the environment. Cutting of trees for tobacco curing has depleted a lot of local forest reserves. Tobacco itself also has negative effect on the food security since it is quite labour intensive and the production process takes not less than six months. Because tobacco is so labour intensive, it tends to draw away family labour from food production. Available information also indicates that years of production of tobacco have not impacted positively on the incomes of tobacco frames. Farmers need to be educated and supported to diversify their activities instead of relying exclusively on the production of tobacco.

Agriculture is mainly subsistence and takes place on smal1holdings of approximately two acres using mainly simple fiuming tools (hoes, pangs and harrowing sticks) mainly for consumption at the household level. The proportion of farmers engaged in commercial agriculture is steadily increasing due to advisory services offered by the NAADS programme in the District.

Farming practices in the District is mainly by use of traditional farming practices that lead to little outputs by the farmers due small size of plots cultivated. However, with changes in the farming technology especially with farmers working under the NAADS programme, the sizes of plots have been steadily increasing. Family members constitute the single most important source of labour. The current trend in the farming section still indicates that both men and women participate in agriculture but the burden is more on the women. The women also double as the

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major source of labour for domestic activities, which go unnoticed and not included in the national income figures.

A good number of the population is engaged in various businesses, notably general merchandise, transport services, petty trade and agri-business, with very little value additions. With the recent opening of the Yei-Juba road, business has flourished in the project area and has attracted many traders in the region. However, due to high demand of items in southern Sudan, the cost of living in Koboko District has become very high as supply does not tally with the demand for these items in Koboko and the neighbouring countries.

4.5 PAP sources of income The main source of income for the majority of the PAP was subsistence farming, followed by family business (buying and selling of food stuff, merchandize in the shops and casual labour. Women were mostly engaged in subsistence agriculture by growing food stuff for the family which comprises of maize, beans, cassava, millet and sweet potatoes From the interviews very few PAP less than 2% of the total population were in gained employment. More than 70 % of the area residents receive less than Ushs 5, 000 per month. There is however a huge disparity in terms of monthly earnings, as the lowest income is Ushs 5,000 per month while the highest income is Ushs 1,000,000 per month. However, the survey also revealed a scenario where 20.2% were receiving no income at all or they did not respond as having any source of income at all.

The survey of the PAPs gave an indication of massive unemployment standing at 38% of the households interviewed. This mass unemployment is the cause of the poverty that is prevalent in the project area. Improving the existing road would lead to the appearance of more road side markets, which would have a sequel in more people becoming engaged in gainful market activity.

Income sources are minimal in the region owing to numerous problems that are faced from time to time, such as poor infrastructure due to impassable roads means that accessing markets is a difficult task for traders. High levels of illiteracy among the people implies that they are non competitive in the labour market making gainful employment very difficult.

Most of the products were sold at roadside markets implying that with the improvement of the road network in this region, more sales would take place along the roads. A large proportion of products (40.2%) were also sold at town centres. Of the households interviewed, 28.3% of the respondents confirmed that travellers buy most of the products that are sold at the roadside. 52.8% of the respondents believed that an improved road network would result in population displacement from the land, as people who resided along the road network would have a significant impact on the economy because of improved trade and transport. The survey also revealed that 88.9% of respondents believed that many travellers' stopover places would emerge and 69.7% of respondents also believed that lorry parks would develop.

4.6 The PAP household income levels

Household monthly incomes from the people interviewed in the rural were less than Ush 50,000 per annum. In towns (Arua and Koboko) the monthly incomes ranged between U shs 50,000

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100,000 per annum. About 50% of the project affected persons (PAPs) are between the ages of 26 - 40 years. The level of education is generally low with only about 44.6 percent having received primary and middle School education and about 3.3 percent with tertiary education back