ROAD SECTOR INSTITUTIONAL TECHNICAL ASSISTANCE PROJECT … · 2016. 7. 17. · road sector institutional technical assistance project (rsistap) feasibility study and detailed engineering

SOROTI - LIRA ROADFeasibility Study and Detailed Engineenng Design for Upgrading PHASE Il: VOLUME 4Bto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

ROAD SECTOR INSTITUTIONAL TECHNICAL ASSISTANCE PROJECT (RSISTAP)

FEASIBILITY STUDY AND DETAILED ENGINEERING DESIGN FORUPGRADING TO PAVED (BITUMEN) STANDARD OF

SOROTI- IRA ROAD

PHASE II: DETAILED ENGINEERING DESIGN

RESETTLEMENT ACTION PLANRP1 00

TABLE OF CONTENTS V lOUme 4

EXECUTIVE SUMMARY .. II........j

0.1 INTRODUCTION.jj

0.2 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR NEW RESETTLEMENT .ii

0.3 METHODOLOGY AND APPROACH .iii

0.4 INSTITUTIONAL AND LEGAL FRAMEWORK .iii

0.5 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS .iii

0.6 COMMUNITY PARTICIPATION .iii

0.7 COMPENSATION SYSTEM .iv

0.8 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHERPROPERTY .v

0.9 IMPLEMENTATION OF RESETTLEMENT / COMPENSATION .v

0.10 RESETTLEMENT /LAND ACQUISITION BUDGET .vi

0.11 MONITORING AND EVALUATION SYSTEM .vi

0.12 CONCLUSION.V;

1.0 INTRODUCTION.1

1.1 BACKGROUND 11.2 PURPOSE OF THE PROJECT 11.3 PURPOSE OF THE RESETTLEMENT/ACTION PLAN 11.4 POLITICAL COMMITMENT TO RESETTLEMENT 21.5 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR RESETTLEMENT 2

1.5.1 Project Area ............................................... 31.5.2 Alignment of Upgraded Road ........ 4.......................................41.5.3 Affected Sites and Potential for New Resettlement ................................................ 5

1.6 METHODOLOGY AND APPROACH 6

2.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK ............................................................. 6

2.1 POLICY GUIDELINES 6

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SOROTI - LIRA ROADFeasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4Bto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

2.2 INSTITUTIONAL RESPONSIBILITIES 72.3 LEGAL FRAMEWORK, LAWS AND REGULATIONS 8

2.3.1 The Land Act (1998) ............................... 82.3.2 The Local Govemment Act (1997) .............................. 92.3.3 The Uganda Constitution (1995) ............................... 92.3.4 Land Acquisition Act (1965) .............................. 102.3.5 The Access to Roads Act (1965) ............................... 02.3.6 The Roads Act (1964) .............................. 102.3.7 Town and Country Planning Act (1964) .............................. 112.3.8 Bye Laws .............................. 11

2.4 WORLD BANK SAFEGUARD POLICY ON RESETrLEMENT ........................................................ 112.5 DIFFERENCES BETWEEN UGANDA LAWS AND THE WORLD BANK/DONOR POLICY .................... . 122.6 COMPENSATION VALUES ......................................................... 13

3.0 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS ........................................................ 14

3.1 IDENTIFICATION OF PROJECT AFFECTED PEOPLE (PAP) ........................................................ 143.2 LAND TENURE REGIMES ......................................................... 15

3.2.1 Customary Tenure .................................................... 153.2.2 Leasehold .................................................... 153.2.3 Free hold .................................................... 153.2.4 Licensee or "Sharecropper" .................................................... 15

3.3 FARMING AND OTHER INCOME-GENERATING ACTIVITIES (LIVELIHOOD) ....................................................... 163.3.1 Land use .................................................... 163.3.2 Sources Of Income And Employment .................................................... 16

4.0 COMMUNITY PARTICIPATION ......................................... . 16

4.1 STAKEHOLDERANALYSIS .......................................... 164.2 COMMUNITY CONSULTATION AND PARTICIPATION STRATEGY ......................................... 17

4.2.1 Transporters ............................... 174.2.2 Sector Ministries ............................... 174.2.3 General Community ............................... 174.2.4 LC Executives and other Local Leaders ............................... 174.2.5 Media ............................... 18

5.0 COMPENSATION SYSTEM ....................................................................... 18

5.1 INVENTORY OF IMPACTS ON INDIVIDUALS AND COMMUNAL PROPERTIES: ............................ . 185.1.1 Thematic Maps .......................... 185.1.2 Census of PAPs .......................... 185.1.3 Lost and Affected Assets .......................... 195.1.4 Land .......................... 195.1.5 Permanent Structures And Assets .......................... 195.1.3 Land, Crops And Trees .......................... 21

5.2 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHER PROPERTY ... 225.2.1 Eligibility For Compensation ................. ................................................. 225.2.2 Disturbance Allowance .................................................................. 235.2.3 Strategy for Income Restoration .................................................................. 23

5.3 CONFLICT RESOLUTION AND GRIEVANCES SYSTEM . ........................................................................ 23

6.0 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION . ........................................................ 24

6.1 RESETTLEMENT I MPACTS AND MrTIGATION MEASURES ....................................................................... 246.2 PROVISION OF INFRASTRUCTURE AND SERVICES . ....................................................................... 246.3 ENVIRONMENTAL MANAGEMENT .246.4 PAYMENT PROCEDURES: .246.5 SCHEDULE OF IMPLEMENTATION .25

7.0 RESETTLEMENT /LAND ACQUISITION BUDGET .25

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8.0 MONITORING AND EVALUATION SYSTEM .................................... 25

8.1 MONITORING THE RESETTLEMENT PROCESS .................................... 25

8.2 EVALUATION OF THE ACTUAL RESULTS .................................... 26

8.3 COST OF MITIGATION AND MONITORING .................................... 26

9.0 CONCLUSION .................................... 27

APPENDICES:

Appendix A: Attachment ill - Guidelines for the Preparation of a Resettlement Action Plan

Appendix B: Plans of Road Sections through Built-up Areas

Appendix C: Basis of Valuation for Buildings and Land

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SOROTI - LiRA RoAoFeasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4Bto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

ACRONYMS

ADB AFRICAN DEVELOPMENT BANKDISO DISTRICT INTERNAL SECURITY OFFICERDLB DISTRICT LAND BOARDEU EUROPEAN UNIONGOU GOVERNMENT OF UGANDAIDA INTERNATIONAL DEVELOPMENT ASSOCIATIONLC LOCAL COUNCILNF NORDIC FUNDNGO NON-GOVERNMENTAL ORGANISATIONOP OPERATIONAL POLICYPAP PROJECT AFFECTED PEOPLEPEAP POVERTY ERADICATION ACTION PLANPLC PARISH LAND COMMITTEERAFU ROAD AGENCY FORMATION UNITRAP RESETTLEMENT ACTION PLANRDP ROAD DEVELOPMENT PROGRAMUBOA UGANDA BUS OPERATOR'S ASSOCIATIONUEDLC UGANDA ELECTRICITY DISTRIBUTION COMPANY LIMITEDULC UGANDA LAND COMMISSIONUTODA UGANDA TAXI OPERATORS AND DRIVERS ASSOCIATIONWB WORLD BANK

SOROTI - LIRA ROADFeasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 48to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

EXECUTIVE SUMMARY

0.1 INTRODUCTION

The Soroti-Lira Road project is part of the Uganda Government's 10-Year Road SectorDevelopment Programme for the classified road network which started in 1996 and isexpected to be completed by the year 2006. The road forms a link in the national pavedroad circuit north of Kampala and is approximately 123 km in length. All Road DevelopmentProgrammes / Projects must comply with Government of Uganda as well as DonorSafeguard Policies, hence the preparation of this Resettlement Action Plan (RAP). TheGovernment of Uganda (GoU) has decided to apply a portion of the InternationalDevelopment Association (IDA) credit it is to receive towards the upgrading of the Soroti-Lira Road.

The purpose of this Resettlement Action Plan is to ensure that therelevant socialissues which will arise from the upgrading and improvement of the Soroti-Lira roadare addressed in order to avert any negative impacts on people whom the road isintended to serve. The RAP will enable adequate compensation to be made for alllosses incurred by the Project Affected Persons (PAP) and set in place appropriateremedial measures including grievance channels for the affectedpersons/communities.

0.2 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR NEWRESETTLEMENT

The project road lies between latitudes 010 43' and 020 15' north of the Equator, andlongitudes 320 52' and 33 0 36' east of the Prime Meridian. The road traverses threedistricts, namely Soroti, Kaberamaido and Lira Districts. The chosen option for upgradingthis road comprises the adoption of the minimum level of realignment required to achievethe engineering standard of the improved class of road.

For the purposes of road construction and right of way, the road reserve assumed for theproject is 30 m in width except in the two urban areas and intervening trading centres whereit has been reduced to 20 m where the engineering constraints permit. The latter reductionhas been made in order to minimise land take, demolition of buildings and relocation andcompensation impacts. In general the approach has been to align the improved road withinthe existing road reserve where possible without compromising engineering standards.

There are two urban centres (Soroti and Lira) and 20 trading centres along the length of theroad which are affected by the road upgrading. There are proposed re-alignments at Tiriri,Amidakan, Lwala, and Agwata in order to bypass the existing centers, resulting in ashortening of the road, a higher standard of route alignment and an enhancement in safetyin the confines of the trading centers themselves (reference Map 2. Other trading centerswhich fall in the three districts are as follows: -

Soroti District: Nakatuny, Arapai, Ajony and Katine Trading CentresKaberamaido District: Otuboi Trading Centre.Lira District: Abalang, Dokolo, Adwok, Amach, Adwila, Angweta Ngwet, Boroboro,Lumumba Village, Ur Bar, Lira - Apac road and Ojwina Trading Centres.

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0.3 METHODOLOGY AND APPROACH

The methodology and approach adopted in preparing this RAP is consistent with theUganda Resettlement / Land acquisition Framework (RAFU, 2001) as well as DonorSafeguard Policies. A social baseline has been developed and a valuation for compensationand acquisition costs prepared. However, due to a deterioration in security in the area sinceJune 2003, it has not been possible to undertake the social survey of the PAPs on thespecific cadastral surveys of the land and assets required. These activities will beundertaken when the security situation permits and the local population has re-establisheditself.

0.4 INSTITUTIONAL AND LEGAL FRAMEWORK

It is the Uganda Govemment policy that all persons affected by development projects ingeneral and road construction works in particular be resettled and adequately compensatedfor their structures, crops and loss of livelihood. There is in place an elaborate institutionaland legal framework to ensure compliance with these policy requirements. There are threemain parties involved in carrying out resettlement and or compensation as required in therehabilitation of the Soroti - Lira road. These are the Ministry of Water, Lands andEnvironment (Compensation), the Prime Minister's office (Resettlement) and the Ministry ofWorks, Housing And Communications (Lead Agency). In addition Local Government,through the Local Council (LC) officials, will be involved in the RAP.

The position of the Uganda Government in relation to compensation to be paid if damage iscaused to land is clear under the 1995 Constitution and other Ugandan Laws as well as theWorld Bank policies and guidelines. In particular, the following Uganda laws comprise thelegal framework: -

* The Land Act (1998).* The Local Government Act (1997).* The Uganda Constitution (1995).* Land Acquisition Act (1965).* The Access to Roads Act (1965).* The Roads Act (1964).* Town and Country Planning Act (1964).* Local By Laws; and* World Bank Safeguard Policy on Resettlement

0.5 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS

Improvement of the entire 123 km of road from Soroti to Lira through Kaberamaido districtwill directly affect some 380 properties. Of these 300 are on lease-hold land within tradingcentres (townships) and the remaining 80 are on customary land along-side the road. Anumber of critical areas within the 30 metre road reserve have been identified. Theseinclude the Kachung - Lira water pipeline, the Mains Electricity and UgandaTelecommunications lines in both Soroti and Lira

0.6 COMMUNITY PARTICIPATION

Due to the insecurity that has developed since June 2003, community participation hasbeen limited. An analysis of stakeholders has been carried out and the principalstakeholders identified as follows:

SOROTI - LIRA ROADFeasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4eto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

* Local Government (the Soroti - Lira Districts' Executive, as well as the MunicipalCouncils of Soroti and Lira);

* LC Executives;* Security Agencies like the Police and District Intemal Security Officers (DISO);* Travel/Transport organizations like UTODA and UBOA;* Utilities;* Ministry of Works Housing and Communications/RAFU, and* Ministry of Water, Lands and Environment.

A synopsis of the views of the road users and beneficiaries has been obtained fromconcemed parties, including:

* Transporters* Sector Ministries* the General Community, and* LC Executives and other Local Leaders

0.7 COMPENSATION SYSTEM

As detailed earlier in the legal framework, the Constitution, 1995 and the Land Act, 1998have fundamentally reformed ownership and management of land in Uganda. TheConstitution vests all land in Uganda in the Citizens of Uganda, Article 237 (1). In pursuanceof 237 (1), the Constitution recognizes customary land ownership under Article 237(3),which land hitherto was public land and hence Govemment Land. The same Constitutionallows for the Govemment to acquire land from individuals in the public interest, Articles 26and 237(2). The Land Act, 1998 puts into operation the Constitutional provisions on landand, under sections 43 and 78, spells out on how compensation should be assessed. Thisassessment is therefore statutory and all steps have been taken to comply with the statutoryprovisions.

For this assessment, the MOWHC's road reserve classifications have been followed, i.e. atotal road reserve width of 30 m (15 m either side of the centreline), which can be reducedto 20 m (10 m each side of the centerline) in built up and urban areas on a discretionarybasis to avoid undue destruction of buildings. Collective/communal land will becompensated in accordance with the compensation plan. The main impacts to individualswill be felt mostly in the townships and trading centres where major structures may found.Major structures and assets assessed are the infrastructure for the Electricity grid, theWater Mains, and Uganda Telecommunications lines. In addition the assets include thebuildings along the road, which have been valued and assessed. The values of buildingsaffected by the road development have been assessed and can be summarized as follows.

District Valuation EstimateUshs ('000')

Soroti 210,000Kaberamaido 105,000Lira 712,700Total 1,027,700

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SOROTI - LIRA RoADFeasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 4B

l!J::il to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

The figures for of Lira include the values of properties affected by the requirement to movethe road alignment 1 5m from its present centerline in order to safeguard the Kachung-Lirawater pipeline which runs alongside the existing road for 25 km.

0.8 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES,CROPS, AND OTHER PROPERTY

Guidelines for resettlement plans insist on restoration of lost incomes due to the upgradingprojects such as that for the Soroti-Lira road. In the Municipal and trading centres, costs forcompensation and resettlement are appreciable because such areas are more denselypopulated. Considerable numbers of people may, however, have a limited number ofincome generating activities/options. The desirable plan for restoration of lost incomesincludes compensation costs, resettlement costs and rehabilitation costs (i.e. livelihoodrestoration). These have been fully incorporated in the RAP.

Affected persons, irrespective of their status (whether they have formal titles, legalizablerights, non-ligalizable), are eligible for some kind of assistance if they occupied the landbefore the entitlement cut-off. The entitlement cut-off refers to the time when theassessment of persons and their property in the project area is carried out. Thereafter, newcases will not be entertained. The key determinant for compensation is on the basis of apre-project census during which all residents are identified. The new settlers after thecensus/survey will not be considered. Such a census will be undertaken once the securitysituation permits.

The carriageway for this road project with a road reserve of 30m in the rural areas and of atleast 20m in built up centers will not involve the destruction of many properties apart fromwhat has been listed above. The people, whose property must be removed as listed, will begiven warning in excess of six months. For the purpose of this exercise therefore it hasbeen assumed that the affected people are on notice of not less than 6 months and that adisturbance allowance of 15% is to be awarded.

After Compensation, it is anticipated that communities will re-establish themselves in theeconomic activities they were performing before the project. Monitoring beyond the projectconstruction period will be necessary in order to ensure income generation targets are met

A number of issues (grievances) may arise when the affected persons internalize thevaluation report and during the compensation exercise itself. A system of conflict resolutionis to be put in place to settle these issues amicably through recognized institutions to thesatisfaction of involved parties.

Affected people are to be given an opportunity to review the survey and valuation results aswell as the compensation policies prior to the commencement of the compensationexercise.

0.9 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION

A number of community infrastructure installation have been identified and earmarked forrelocation. It will be relocated only where the cost to the community for the infrastructure tobe left in place cannot be justified. This is the case for the Lira water pipeline.

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SOROTI - LIRA ROADFeasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4B

EL1~ to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

All parties involved in the compensation exercise will sign a compensation certificate.Signatories to the compensation certificate will include the Recipient and members of thegrievance committee.

0.10 RESETTLEMENT /LAND ACQUISITION BUDGET

In order to fulfil the policy, legal and institutional requirements for the resettlement/landacquisition action plan it is imperative that an adequate budget to meet the costs ofresettlement/Land acquisition is prepared. The proposed budget is given below and coverscosts for land acquisition, structures/buildings and crops, disturbance allowances andmonitoring of the exercise. This budget excludes provision for any income restoration inrespect of resettled persons.

Assessed Cost of Land and Property for the Minimum Realignment Option (Option 1)

Total Value assumingDescription or Activity 15% Disturbance

Allowance (UgShs)Land and Crops 622,920,500Property 1,181,855,000Relocation of Water Services atSoroti 75,000,000Relocation of Electricity Grid linesat various places along theproposed road 150,000,000Relocation of UTL lines and Plantin Soroti and Lira towns 75,000,000SUBTOTAL 2,104,775,500Monitoring costs at 20 % of cost 500,000,000GRAND TOTAL 2,604,755,500

0.11 MONITORING AND EVALUATION SYSTEM

The following are the social indicators considered for monitoring of the participation processinvolved in upgrading the Soroti-Lira road:

* Number and percentage of affected households consulted during the planning stage* Levels of decision - making of affected people* Level of understanding of project impacts and mitigation / resettlement options* Effectiveness of local authorities to make decisions* Frequency and quality of public meetings* Degree of involvement of women or vulnerable disadvantaged groups in discussions.

0.12 CONCLUSION

In conclusion, good practice in resettlement / compensation planning and implementationare the key to fulfilment of the needs of the PAPs in the Soroti - Lira road project. An

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SoRoTi - LIRA ROADFeasibility Study and Detailed Engineering Design for Upgrading PHASE 11: VOLUME 4Bto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

approach which reduces realignment to a reasonable minimum, whilst achieving theengineering standards required has been adopted which means that compensation anddisruption of persons will be minimal. Several steps have been taken to effect this includingthe following:

* Minimization or elimination of involuntary resettlement where feasible by reducing theroad reserve from 30m to 20m in the affected trading centres.

* Ensuring that the water pipeline from Agwata to Lira remains intact* Involvement of all stakeholders in a consultative process

Although it has not been possible to complete the social economic surveys and census ofpeople affected for reasons of security it is advisable that this be done as early aspracticable in the project preparation. This will enable Compensation of all the affectedpersons in a timely manner and in accordance with the resettlement guidelines

The total RAP budget has been assessed at Ug shs. 2,604,755,500/= (including therequirement to pay the disturbance allowance at 15% as appropriate).

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1.0 INTRODUCTION

The Soroti-Lira Road project is part of the Uganda Govemment's 10-Year Road SectorDevelopment Programme for the classified road network which started in 1996 and isexpected to be completed by the year 2006. The road investment expenditures includecontribution by Uganda's Development Partners. Among them are the Word Bank (WB),European Union (EU), African Development Bank (ADB) and the Nordic Fund (NF). Each ofthese Development Partners has set resettlement standards as a pre-requisite for theavailing of funds. All Road Development Programmes / Projects must therefore comply withGovernment of Uganda as well as Donor Safeguard Policies - hence the preparation of thisResettlement / Action Plan (RAP).

1.1 BACKGROUND

The road from Soroti to Lira forms a link in the national paved road circuit north of Kampala.The eastem section of the circuit connects Kampala with Jinja, the border with Kenya,Mbale and Soroti, while the westem section comprises the Kampala-Karuma-Kamudini-Lirapaved roads. The Soroti-Lira section is the only link in the circuit that is not paved. Itsupgrading to bitumen standard is considered to be important, not only in terms ofcompleting the national paved road circuit, but also for transit traffic from Kenya, to theDemocratic Republic of Congo and Southem Sudan. The location of the road is shown onMap I overleaf.

The existing Soroti-Lira Road is approximately 125 km in length. Since 1991, a number offeasibility and engineering studies have been carried out on the road, recommending itsupgrading to bitumen.

Against this background, the Govemment of Uganda (GoU) has decided to apply a portionof the International Development Association (IDA) credit it is to receive towards theupgrading of the Soroti-Lira Road. In January 2003, JB Gauff Ingenieure GmbH & Co wereawarded the contract to carry out a feasibility study and engineering design for theupgrading of the project road.

1.2 PURPOSE OF THE PROJECT

The primary objective of the RDP is to improve access to rural and economically productiveareas by removing major constraints to transport services on Uganda's major road network.The programme covers road network improvement, road network administration andcapacity building. It also supports actions aimed at strengthening further road sectormanagement and the implementation of other road sector programme activities. Since thecommencement of the programme, several upgrading and road improvement works havebeen carried out. The Soroti-Lira Road is among those roads which are to be upgraded toBitumen Standard.

1.3 PURPOSE OF THE RESETTLEMENT/ACTION PLAN

The purpose of this Resettlement Action Plan for the Soroti - Lira road is to ensure thatrelevant social issues that will arise from the upgrading and improvement of the road areaddressed in order to avert any negative impacts on the people whom the road is intendedto serve. In addition, the resettlement plan is aimed at involving all stakeholders in theconsultations concerning the resettlement procedure and to involve them in the process.Actual resettlement may not be necessary since most affected households are expected to

SOROTI - LIRA ROADFeasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 49

iJ.D1 to Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

make "a step back" to allow for the road project implementation. In a few cases, where theroad alignment is completely new, there may be a need for resettlement since the newalignment passes through some people's properties. Those properties within the roadreserve will also have to be compensated. Nevertheless this Resettlement Action Plan willallow adequate compensation for losses suffered by Project Affected Persons (PAP) as aresult of the road construction and will set in place appropriate remedial measures, includinggrievance channels for affected persons/communities.

In view of the foregoing, the main objectives of this Resettlement/Land Acquisition Plan are:

* to ensure that any displaced persons receive compensation due to them and are notdisadvantaged by the project;

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

* to prepare and implement a Resettlement/Land Acquisition Plan (RAP) setting outstrategies and schedules to mitigate adverse effects;

* to establish the actual compensation costs necessary for resettlement and the land thatis acquired for the road works; and

* to acquire the Road Reserve.

1.4 POLITICAL COMMITMENT TO RESETTLEMENT

There is an enabling Legal and Institutional Framework in place in Uganda, which supportsresettlement. The Poverty Eradication Action Plan (PEAP) puts road infrastructuredevelopment as a major pillar for poverty reduction. This means that the development aswell as the Resettlement / Action Plan have a mechanism in place to receive adequatefunding to ensure that affected communities are not pushed into poverty.

This move is further strengthened by the 2001 Presidential Election Manifesto, which gavethe Road Development Programme the highest level of political support. Recent events inthe project area have strengthened the political commitment to upgrade this road since it isbelieved that the development of infrastructure in the region will reduce insurgence andpolitical instability. The local leadership in the districts of Soroti, Kaberamaido and Lira arecommitted to the reduction of poverty to which this road project is expected to contribute.

1.5 THE PROJECT, AFFECTED SITES AND POTENTIAL FOR RESETTLEMENT

The project road starts from Soroti town in Soroti District and its alignment is anticipated tofollow the existing alignment with moderate re-alignments to avoid major bends at thetrading centers of Tiriri, Lwala, and Agwata. The road ends in Lira town of Lira District.

Generally the project road follows the existing alignment (with moderate re-alignments atTiriri, Lwala, and Agwata) and there will be little need for resettlement as a mitigationmeasure. This is because very few households/farmlands behind the trading centers arelikely, to be affected. By the nature of project activities and the proposed re-alignmentssome land acquisition is inevitable while structures and crops along the existing alignment

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SOROTI - LIRA ROADFeasibility Study and Detailed Engineerng Design for Upgrading PHASE 11: VOLUME 4Bto Paved (Bitumen) Standard RESETTLEMENT ACTION PLAN

will have to be compensated'. This RAP is based on the Option 1 alignment which seeks toachieve the requisite Engineering Standards whilst minimizing the extent of re-alignments.

The project road and the proposed improvements to its alignment are shown on Map 2overleaf.

1.5.1 Project Area

The project road lies between latitudes 010 43' and 020 15' north of the Equator, andlongitudes 320 52' and 330 36' east of the Prime Meridian.

The Soroti-Lira Road traverses three districts, namely Soroti, Kaberamaido and LiraDistricts, although there is a short section of road that runs along the border between Akalusub-county in Apac District and Amach sub-county in Lira District.

The sub-counties that the project road passes through are given in Table 1-1 below:

Table 1-1: Districts and Sub-counties through which the Project Road Passes

District Sub-counties

Soroti Soroti, Katine, Arapai, Kamuda and Soroti MunicipalityKaberamaido Kalaki, Otuboi and AlwaLira Dokolo, Agwata, Amach, Adekokwok and Lira Municipality (Ojwina

Division).

Soroti District

Formerly known as part of Teso District, North Teso District was created in 1970s andbecame Soroti District in 1980. The district is situated in the mid-eastem part of the country.Soroti District is bordered by the districts of Kaberamaido and Lira to the west, Kumi to theeast, Katakwi to the north, and Kamuli and Pallisa to the south. The district covers anapproximate area of 9,149 sq km. It lies at an altitude of 1,036 m to 1,127 m above sealevel, with rainfall of 1,000 to 1,500 mm per annum.

The major administrative town is Soroti. The district has three counties: Kasilo, Serere andthe Municipality of Soroti. The district has the following sub-counties: Tabur, Katine,Kamuda, Aswet, Soroti, Arapai, Gweri, Atiire, Olio, Kyera, Katera, Bugondo, Kadungulu,Piingire and three divisions in Soroti Municipality.

Kaberamaido District

Kaberamaido District was part of Soroti District until 2000. It now borders the districts ofSoroti to the east, Lira to the west and Kamuli to the south. The district has an area of about870 sq km and lies at an altitude of 1,036 m to 1,127 m above sea level, receiving rainfall ofbetween 1,000 and 1,500 mm per annum.

The major administrative town is Kaberamaido. The district has two counties: Kaberamaidoand Kalaki. The district is composed of the following sub-counties: Alwa, Kaberamaido,Obulubulo, Ochero, and Anyara.

lArticle 26 of the 1995 constitution of Uganda, states that compulsory deprivation of one's property is prohibited except when takingpossession or acquisition is necessary for public use. If this is proved to be the case, as for this project road, then acquisition is subject toprompt payment of fair and adequate compensation.

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Lira District

At independence, Lira District was part of Lango District. In 1979, under the provincialadministration, Lango District was divided in West Lango and East Lango Districts. EastLango was renamed Lira District in 1980. Lira district borders the districts of Apac to thewest, Kaberamaido to the southeast and Kitgum to the north, while Lake Kyoga forms thesouthern boundary. The district covers an approximate area of 7,200 sq km. It lies at analtitude of between 975 m and 1,146 m above sea level, and receives an annual rainfall of1,200 to 1,750 mm.

The administrative headquarters is Lira town. The district has four counties: Dokolo, Erute,Kyoga Otuke, Moroto and Lira Municipality. The district has 24 sub-counties: Namasale,Muntu, Awelo, Aputi, Kangai, Kwera, Dokolo, Agwata, Bata, Amach, Abako, Amugo, Bar,Aloi, Omoro, Adekokwok, Lira, Apala, Ogur, Aromo, Okwang, Adwari, Orum, Olilim, and fourdivisions in the Municipality.

1.5.2 Alignment of Upgraded Road

As shown on Map 2, three approaches have been considered in the design of the road.The first, which is the one adopted, involves following the existing alignment as much aspossible, whilst adopting the minimum level of realignment to achieve the engineeringrequirements of the improved standard of road. The principal improvements in this regardconcern the smoothening of very sharp bends at Tiriri, Amidakan, Lwala and Agwata, wherethe centres will be marginally bypassed. This minimal realignment option/altemative willaffect a few trading centers such as the following: -

Tiriri Bypass (Road Section B)

This route may necessitate the removal of some buildings at the fringe of the tradtng center.Retention of the existing roundabout is considered unacceptable for safety reasons.

Amidakan/Lwala Bypasses Road Section

The realignment at Amidakan involves smoothening of the existing curve and would shortenthe route by 0.06 km. At Lwala, the realignment would serve to smoothen a very sharpbend and give a route shortening of 0.63 km.

Agwata Bypass (Road Section F)

After crossing the Olwenyi swamp, the project road swings a little to the south to passthrough Agwata. The latter consists of sparse ribbon development, which extends for some4 kilometers; it starts with educational, administrative and residential establishments andends with a conglomeration of a few small trading establishments prior to a roundabout.From the roundabout the project road heads northwards, across a swamp, towards Lira.

The Option 1 realignment here would serve to bypass the roundabout, shortening the routeby 0.5 km.

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1.5.3 Affected Sites and Potential for New Resettlement

It should be noted that the standard road reserve was set at 30 metres ( i.e. 15 metres oneither side) by the 1964 Road Act.

The proposed road alignment has been kept within the existing 30m road reserve as far asengineering standards will permit. Where the road passes through urban areas and minortrading centers, it is proposed that the reserve be reduced to 20 m where the engineeredcross-section allows in order to minimize land take, demolition of buildings and consequentrelocation/compensation impacts.

There are two urban centers (Soroti and Lira) and 20 trading centers along the entirestretch of the road which are affected by the road upgrading. There are re-alignments atTiriri, Amidakan, Lwala, and Agwata as shown in Map 2. Other trading centers which fall inthe three districts as follows: -

Soroti District: - Nakatuny, Arapai, Ajony and Katine Trading Centres

Kaberamaido District: - Otoboi Trading Centre.

Lira District: - Abalang, Dokolo, Adwok, Amach, Adwila, Angweta Ngwet Boroboro,Lumumba Village, Ur Bar, Lira - Apac road and Ojwina Trading Centres. The relevantdetails of the structures in these urban and trading centers are described in the Table 5.2.

Plans showing the location of the existing road, the centerline of the improved road and theboundary of the proposed new road reserve where it passes through urban areas andtrading centers, are presented in Appendix B.

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1.6 METHODOLOGY AND APPROACH

The methodology and approach adopted in preparing this RAP is consistent with theUganda Resettlement I Land Acquisition Framework (RAFU, 2001) as well as DonorSafeguard Policies. Due to insurgence in the area, only a limited valuation could beundertaken. Once the situation has improved it is anticipated that the licensed Valuer andCadastral Surveyor will be in a position to survey and value the property in order to effectcompensation. The following approach has been used: -

* Data collection through review of existing secondary data, local consultations,participatory analysis, and on - the - spot assessments of the state of affairs pertainingin the project area. All this data has been analyzed for use in the assessment exercise.

* Identification of stakeholders in the project which has been undertaken. They includeLocal Government, NGOs and Government Organizations.

* A preliminary survey of individual plots has been carried out to establish the number ofhouseholds affected and the areas taken by the project. Once the security situationpermits, a detailed survey will be undertaken to list all losses resulting from thedisplacement of each household or community. This will entail a complete count of allproperty that will be affected as a result of relocation. The land inventory will specify thetype of land, size and location, to enable the valuer assess each affected individualcorrectly. The physical inventory will list assets including structures (homes, animalpens, storehouses) crops and trees, (fruit or timber- by type, age and size) andinfrastructure e.g. wells and other assets, for valuation purposes.

* For crops and certain local structures, the district approved compensation rates will beused to arrive at costs of the affected structures or crops.

2.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK

2.1 POLIcY GUIDELINES

It is the Uganda Govemment policy that all persons affected by development projects ingeneral and road construction works in particular be resettled and adequately compensatedfor their structures, crops and loss of livelihood. Among other guiding principles contained inRAFU's ResettlemenV Land Acquisition Policy Framework are the following:

* Compensation will be aimed at minimizing social disruption and assist those who havelost assets as a result of a road project to maintain their livelihoods through incomerestoration.

* Community infrastructure must be replaced, and ideally be improved, in situationswhere it is deficient. This includes installation of sanitary facilities, electricity generationsystems, road links and provision of water.

The legal issues governing compensation of structures, houses, crops, etc, within roadreserves are not clear. A road reserve of 100 ft (50 ft each side of the centerline) wasgazetted in 1964, but the necessary legal instruments for implementing this were noteffected. The situation as it stands today is that, though road reserves exist, personscultivating or who have structures within the reserve are required to be compensated for anyperennial crops and structures therein. Compensation for land itself is an issue only if theperson occupying part or all of the road reserve holds a title deed for that land. Any land

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beyond an existing road reserve, which needs to be acquired for the purposes of roadconstruction, must be acquired by the MOWHC/RAFU.

It is understood that currently discussions are underway between the Ministry of Works,Housing and Communications, the Ministry of Water, Land and Environment, Ministry ofJustice and Constitutional Affairs and RAFU to resolve the potential issues that are likely toarise as a result of the foregoing. As a result of these discussions it has been proposed,inter alia, that 'road reserves should be preserved for planning purposes, and should not beacquired as this would be unnecessary, expensive and disruptive" (refer RAFU, November2001). However, to date, no legal steps have been taken to support this suggestion.

There is in place an elaborate institutional and legal framework to ensure compliance withthese policy requirements.

2.2 INSTITUTIONAL RESPONSIBILITIES

There are three main actors who are involved in carrying out resettlement and orcompensation as required in the rehabilitation of the Soroti - Lira road. These are theMinistry of Water, Lands and Environment (Compensation), the Prime Minister's office(Resettlement) and Ministry of Works (Lead Agency). Ministry of Works, as the LeadAgency of the RDP, will take responsibility for resettlement, identification and co-coordination of all the players in the resettlement programme. In addition the LocalGovemment through the Local Council (LC) officials, the contractor and the affected localcommunities will work closely to ensure a fair resettlement / land acquisition exercise.

It may be noted that the Local Council officials are part of the Local Council system ofGovernance which is a five-tier system starting at Local Council I (Village level) through LC2 (Parish level), LC 3 (Sub county Level), LC 4 (County or Town Council level), up to thedistrict level, which is the LC 5 level. At every level of local governance there is a structure,which can be involved in resettlement issues including conflict resolution in addition to theLand Boards as created by the Land Act (1998). Overall the institutional involvement androles in this exercise are highlighted in Table 2.1 below:

Table 2.1: Institutional Involvement and Roles in Compensation/Resettlement

Institution Roles expectedMinistry of Works, Housing and Monitoring/ support supervision, sourcing for funds,Communications/RAFU Ascertaining extent of compensation/resettlement,

Ascertaining PAP, determining final alignment, coordinatingbetween different stakeholders, and resettlement guidance(Housing directorate).

Uganda Land Commission Making preparations for payment/compensation to PAP foracquired land, applying to District Land Board for land to beacquired, acquiring the land on behalf of Central Govemment(tittles to the land), consulting the PAP, ascertaining the valueof the land to be acquired (in conjunction with govemmentvaluer) and ensuring a prompt, fair and adequatecompensation.

Chief Govemment Valuer Ascertaining the compensation rates passed by District LandBoards, Ascertaining the value of structures supposed to bepaid compensation, and advising the relevant govemmentauthorities about compensation from time to time.

District Land Boards Scrutiny of applications for land acquisition, facilitating theregistration of acquired land by Uganda Land Commission,and facilitating the transfer of titled land acquired by Uganda

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Land Commission, taking into consideration the comments ofParish Land Committees, ensuring the PAP have beencompensated before transfer of ownership, and generalmobilization of local leaders and members of Parish LandCommittees.

Parish Land Committees Ascertaining ownership, confirming boundaries to surveyors,immediate adjudication over boundaries, providing consent onbehalf of the underage children /orphans, facilitating theregistration of acquired land, and community mobilization.

District Land Tribunals Resolving land ownership disputes, hearing disputes overcompensation.

Local Councils 1, 11, and Ilil Ascertaining ownership, general community mobilization andsensitization, immediate adjudication over ownership andboundaries, and providing guidance for the compensationprocess, receiving complaints on behalf of the compensatingagency, and facilitating integration in new areas.

Contractor Compensation for temporary acquisition (barrow pits, quarrysites and contractors camps), community mobilization andgeneral support supervision to compensating agency

District Local Govemments Community mobilization/guidance, identification of civilsocieties to participate/implement the compensation/resettlement process, monitoring the compensation process,guiding PAPs' relocation, facilitating integration in new areasand receiving complaints/grievances on behalf of thecompensating agency.

Consulting Engineers Overall monitoring and supervision, quality control, supportsupervision, implementation reviews, follow up of tittles forgovemment, changing titles of remaining portions of land toland owners, display strip maps showing property boundaries,plot numbers, ownership and respective valuations.

2.3 LEGAL FRAMEWORK, LAWS AND REGULATIONS

The position of the Uganda Government in relation to compensation to be paid if damage iscaused to land is clear under the 1995 Constitution and other Ugandan Laws as well as theWorld Bank policies and guidelines. In this section, a detailed description of the LegalFramework is given. In particular, the following Uganda laws comprise the legal framework:

2.3.1 The Land Act (1998)

This Land Act (1998) addresses land holding, management control and dispute resolution.The developer should seek to enter into mutual agreement with the occupier or owner of theland upon payment of compensation. The Act creates a series of land administrationinstitutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB),Parish Land Committees (PLC), and Land Tribunals. Section 78 of the Act gives valuationprinciples for compensation (i.e. compensation at depreciated replacement costs for ruralproperties and market values for urban properties). The Act is the principal legislation onland tenure in Uganda. The Act states that all land in Uganda, whether alienated or not, issubject to all existing public rights of way which are reserved and vested in the Govemmenton behalf of the public, and that all such rights of way are maintained by the publicuninterrupted unless they are terminated or altered by the decision of the Minister in writing.

The Land Act (1998) and Land Acquisition Act (1965) have implications for the project road,especially in areas where land acquisition is inevitable. Section 43 of The Land Act (1998)gives powers to the Government or Local Govemments to acquire land for public interest.

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This is in accordance and subject to the provisions of Article 26 and Clause (2) of Article237 of The Constitution. Land acquisition in the public interest is also subject Section 42Sub-Section 7 Paragraph (b) of the Land Act 1998, where it is emphasised that "no personfrom whom land is to be acquired shall be required to vacate that land until he or she hasreceived the compensation awarded to, or agreed to, by them".

Paragraph (d) and (e) of the same Section and Sub-Section also emphasise that theUganda Land Commission (which is supposed to acquire land for public interest on behalfof Govemment) shall pay all reasonable costs of disturbance to the person from whom landis to be acquired in addition to compensation for any losses caused by severence. Wherethe land to be acquired is held under customary tenure, in addition to compensationassessed under this Section, the disturbance allowances shall be calculated at a sum notexceeding 15% of the sum awarded to that person, where that person was using theacquired land as his home. If less than six months notice is given for possession, thedisturbance allowance is computed at 30% (see Section 78 (2) ).

The Land Act (1998) Section 74 impacts on the project road activities especially when suchactivities do not require complete land acquisition e.g. land for excavation of (borrow pits)for murrum/gravel and contractors camps. Sub-Section 1 to 4 provides procedures to followwhen such land is required for the execution of public works. The same section providesthat the authorised undertaker (in this case the Contractor) shall enter into mutualagreement with the occupier or owner of such land. Where no agreement is reached theMinister responsible may compulsorily acquire such land in accordance with Section 43 ofthe Land Act (1998). The authorised undertaker (Contractor) is further required to promptlypay compensation to any person having an interest in the land for any damage caused tocrops and buildings, and for the land from which materials are taken or used for such works.Should any dispute arise over compensation payable under Sub-Section (3) of Section 74,then it is referred to the Land Tribunal. Some of these legal considerations are cited inRAFU Resettlement/Land Acquisition Framework (2001).

The existing legislation emphasises adequate, fair and prompt compensation. Thereappears to be no legal basis for resettlement, although The World Bank (as developmentpartner) advocates it. RAFU's Resettlement / Land Acquisition Framework recognises therequirements of World Bank Operational Directive (OP) 4.12.

2.3.2 The Local Govemment Act (1997)

The Local Government Act provides for the system of local governments, which is based onthe district. Under the district there are lower local govemment and administrative units.This system provides for elected councils known as Local Councils (LC). The chairmannominates the executive committee of each council. The functions of this committee include:

* Initiating and formulating policy for approval of council;

* Overseeing the implementation of the govemment and councils' policies, andmonitoring and coordinating activities of Non-Govemment Organizations (NGOs) in thedistrict; and

* Receiving and solving disputes forwarded to it from lower local governments.

2.3.3 The Uganda Constitution (1995).

Article 237(1) of the Constitution vests all land of Uganda in the citizens of Uganda.However under Article 237(1)(a), the government or local government can acquire land in

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the public interest. Such acquisition is subject to the provisions of Article 26 of the sameconstitution, which gives every person in Uganda a right to own property. The Constitutionalso prescribes the tenure regimes in accordance with which rights and interests in landmay be held (Customary, Leasehold, Mailo, Freehold). It provides procedures to followduring the acquisition of land for public interest and provides for the "prompt payment offair and adequate compensation" prior to taking possession of the land. The Constitution,however, does not make resettlement a right.

2.3.4 Land Acquisition Act (1965)

The Land Acquisition Act (1965) makes provision for the procedures and method ofcompulsory acquisition of land for public purposes whether for temporary or permanent use.The Minister responsible for land may authorize any person to enter upon the land andsurvey the land, dig or bore the subsoil or any other thing necessary for ascertainingwhether the land is suitable for a public purpose.

The Government of Uganda is supposed to pay compensation to any person who suffersdamage as a result of any action. Any dispute as to the compensation payable is to bereferred to the Attorney General or court for decision.

The Land Acquisition Act stops at payment of compensation. It is not a legal requirement topurchase alternative land for the affected people by the project. Once they are promptlyand adequately compensated, then the obligations stop there. The Government ,throughthe Ministry of Water, Lands and Environment, will pay the compensation to the affectedpersons.

There is no requirement or provision in the law that people need to be moved or thatalternative land be made available or bought. Each affected person entitled to becompensated, on receipt of his/her compensation is expected to move and has no furtherclaim.

2.3.5 The Access to Roads Act (1965)

The Access to Roads Act seeks that a private landowner who has no reasonable means ofaccess to public highway may apply for leave to construct a road of access to a publichighway. This law also establishes a mechanism of applying for such a road. It alsoestablishes a legal regime to ensure the safety of the neighboring environment.

The Act permits the owner of any land who is unable through negotiations to obtain leavefrom adjoining land owners to construct a road of access to the public highway, to apply to amagistrate for leave to construct a road of access over any land lying between his land andthe public highway. This law also provides for means by which an order for the constructionof an access road can be revoked.

The Act further provides for maintenance of the access road in a good and efficient state ofrepair, and for payment of compensation in respect of the use of the land, the destruction ofcrops of trees and such other property.

2.3.6 The Roads Act (1964)

The Roads Act of 1964 is a critical piece of legislation with respect to the RoadDevelopment Projects. It defines a road reserve as that area bounded by imaginary linesparallel to and not more than fifty feet distant from the centerline of any road, and declaredto be a road reserve. The Act is silent on whether such land is 'taken" for the state, but

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states that no person shall erect any building or plant, trees or permanent crops within aroad reserve. It also allows the roads authorities to dig and take materials from the roadreserve for the construction and maintenance of roads.

The Minister or, with the consent of the Minister, a District Commissioner2, in relation toany road within or passing through any government town or an Administrator in respect ofany area not being in a government town may, by order:

* prescribe the line in which buildings shall be erected in such town or area, or

* prescribe the distance from the center of the road, within which no building shall beerected in such town or area.

The Road Authority is required to give written notice to the owner or occupier of the land onwhich prohibited activities have been carried out so as to:

* pull down or remove the building or erection; or

* cut down or uproot the trees or crops; or

* alter or repair the caftle path, bicycle track side road or entrance or means of access orto close the same.

The Act allows a road authority to dig and take away materials required for the constructionand maintenance of roads in any part of a road reserve approved by the DistrictCommissioner, without payment to any person.

2.3.7 Town and Country Planning Act (1964)

The Town and Country Planning Act of 1964 gives broad powers to planning authorities atthe national and local level to take land, against compensation, for public purposes within anapproved planning area. Further, such authorities can determine set back lines "beyondwhich no building may project" into a roadway including the road reserve area. This Act isespecially relevant in the municipalities of Soroti and Lira.

2.3.8 Bye Laws

Finally, bye laws were enacted in the 1960s in many local areas of Uganda, especially forthe regulation of "trading centers", which were the typical local embryonic urban centersacross the country. Typically, these by laws had provisions for shops to be built not closerthan 50 feet from the centerline of the road. They did not take land, but they reinforced theTown and Country Planning Act and the Roads Act by creating a building restriction on anygiven plot of land. In addition LCs are empowered to make local byelaws within theirrespective areas of jurisdiction.

2.4 WORLD BANK SAFEGUARD POLICY ON RESETTLEMENT

Different Donors have specific Safeguard Policies regarding Environment, Resefflement andCompensation. Most of these safeguard policies are comparable to the World BankSafeguard Policies. For this reason the following section describes the WB safeguardpolicies, which is a leading Partner in the Soroti - Lira Road Project.

Operational Policy O.P. 4.12 " Involuntary Resettlement" requires that displaced personsshould be compensated at full replacement cost, assisted with relocation / resettlement and

2 District Commissioners were replaced by Chief Administrative officers in districts.

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during transition period. The developer should be encouraged to offer replacement landrather than cash compensation when the residual land holdings are not economically viable.

The World Bank Group O.P. 4.12 on Involuntary Resettlement is applicable to the RDPProject. The main features of this directive are as follows: -

* All viable alternative project designs should be explored to avoid or minimise the needfor resettlement and when it cannot be avoided, to minimise the scale and impacts ofresettlement;

* Resettlement measures are to be conceived and executed as development activitiesproviding sufficient resources to give the persons displaced the opportunity to share inproject benefts. Assistance should be given to the community in their efforts to improveformer production levels, income eaming capacity and living standards, or at leastrestore them to the levels they would have been without the project;

* Displaced persons should be:

a) Compensated at full replacement cost prior to the actual move;b) Assisted with relocation; andc) Assisted and supported during the transition period;

* Particular attention should be given to vulnerable groups;

* Communities should be given opportunities to participate in planning, implementing andmonitoring their resettlement.

* Re-settlers should be helped with integration into their host community

On the Soroti - Lira road project, however, there will be no involuntary resettlement. Aminimal number of people especially within trading centres will be affected. In order tominimise these negative impacts, the road has been re-aligned to avoid costly infrastructureand involuntary resettlement of persons where possible, in line with the World BankOperational Policy O.P 4.12 (Appendix 2) on 'Involuntary Resettlement".

2.5 DIFFERENCES BETWEEN UGANDA LAWS AND THE WORLD BANKIDONOR POLICY

There are some differences between the World Bank policy and the Uganda Laws onResettlement and Compensation. For instance: the Ugandan Laws restrict themselves tofair, adequate and prompt compensation (cash), while the World Bank policy extends it toproviding alternative land and resettling the person. Since Road Constructions are linear innature, much of this resettlement means moving "one step" backwards or sideways. Themajority of the affected people normally are happy to receive cash payment for the lostdevelopments and land. In the case of the Soroti-Lira road, there is no actual relocation ofhouseholds except for a few cases within the trading centres where buildings are within the15 m road reserve on each side of the road.

A comparison of Uganda Law and WB/Donor requirements regarding compensation is givenin Table 2.2 In a number of cases, as shown in the table, the WB requirements are morefavourable to PAPs than the provisions of Uganda Law. The Government of Uganda doesnot wish to set precedents as to compensation amounts as a result of what happened withsome projects such as the Bujagali Project. The Government of Uganda is stronglycommitted to fulfil World Bank requirements. Appropriate compensation approaches aretherefore in place, with the first part of compensation meeting Ugandan Law requirements,

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and at the same time compliant with WB requirements where the Ugandan Law falls short ofWB provisions.

Table 2.2: Comparison of Ugandan Law and World Bank Requirements regardingCompensation

Category of PAPs I Type Ugandan Law WB requirementsof lost assetsLand Owners Cash compensation based Strongly recommend land

upon market value of - for - land compensation.unimproved land and Compensation is atdisturbance allowance (15%) replacement cost.

Land Tenants Entitled to compensation Must be compensatedbased upon the amount of whatever the legalrights they hold upon land. recognition of their

occupancy.Land Sharecroppers Not entitled to compensation No specific provisions as

for land, entitled to to land compensation, butcompensation for crops income must be restored.

Owners of " Non permanent Cash compensation based Recommend in- kind" Buildings upon rates per m2 compensation or cash

established at District level compensation at fulland disturbance allowance replacement cost(15%) - Rates are based on including labourdepreciated market value.

Owners of "Permanent" Valuation by Valuer and Recommend in- kindbuildings disturbance allowance compensation or cash

(15%). Valuation is based on compensation at fulldepreciated market value replacement cost

including labourPerennial Crops Cash compensation based Requirements not

upon rates per m2/ bush/ specifiedtree/ plant established atDistrict level and disturbanceallowance (15%). Rates arecalculated as the one-yearnet agricultural income.

Annual Crops No compensation. 6 months No specific provision.notice to harvest crops. Income restoration. Land

for land compensationallows people to re-establish annual cropsimmediately.

Business Income No compensation. 6 months Establish access to similarnotice to vacate premises opportunities.

2.6 COMPENSATION VALUES

The rates of compensation for crops and non-permanent buildings are determined byrespective District Land Boards (DLBs) on an annual basis (see Land Act (1998), Section60 Sub-Section 1 Paragraph f). Under the Land Act (1998), the basis of valuation undercustomary ownership is as follows:

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1. The value of land shall be the open market value of the unimproved value of the land.2. The value of buildings on the land, which shall be taken at open market value

for urban areas and depreciated replacement cost for the rural areas.3. The value of standing crops on the land, excluding annual crops, which would be

harvested during the period of notice given to the tenant.4. In addition to compensation there shall be paid as a disturbance allowance 15% or, if

less than six months notice to give vacant possession is given, 30% of any sumassessed under subsection (1) of the section.

Rates of compensation are compiled by the District Land Board, which maintains a list ofrates of compensation payable in respect of crops, buildings of a non-permanent nature andany other thing that may be prescribed. The rates set out in the list for compensationreferred to in Section 60(e) of the Land Act will be used in determining the amount ofcompensation payable. In the case of the Soroti - Lira road, Kaberamaido district has notcompiled the compensation rates. Soroti district rates are also applied to Kaberamaido.

For properties that are not covered by the above rates, Section 78 of the Land Act (1998)allows the Valuer, using skills and methods available to him as a professional in the field, toestimate the market value or replacement cost value (as the case may be) of suchproperties for compensation purposes.

This RAP describes the nature of compensation, the procedures for compensation and aschedule for making compensation payments.

3.0 SOCIO - ECONOMIC PROFILE: BASELINE SURVEYS

3.1 IDENTIFICATION OF PROJECT AFFECTED PEOPLE (PAP)

The project area traverses the three districts of Soroti, Kaberamaido, and Lira. Thedominant community in Soroti and Kaberamaido are mostly Ateso and Kumam. Lira issettled by mostly Luo speaking communities. The entire 123 km stretch from Soroti to Lirathrough Kaberamaido directly affects 380 properties. Of these 300 are on lease hold landwithin trading centres (townships) and the remaining 80 are on customary land along thestretch of the road.

A number of critical areas within the 30-metre road reserve have been identified. Theseinclude the Kachung - Lira water pipeline. To avoid disruption of the pipeline, the roadalignment has been shifted 15 m to the east in rural and forest areas and 10 m to the eastthrough built-up centres where the width of the reserve will be reduced to 20 m if practical inengineering terms. The shift from the pipeline will affect a total of 39 buildings along thelength of the water pipe line, all on the Right Hand Side (RHS) of the road ( as shown inTable 5.2 and Annex B).

This arrangement, with full compensation, will still be a cheaper option in comparison withdisruption of the water works and water pipe line. The re-alignment effectively changes theroad centreline to some 15 m to the east. This shift entails the acquisition of an additionalstrip of land some 15 m wide, over the 25 km of road concemed, together withcompensation for the buildings and crops falling within this strip.

Other critical services affected are the Mains Electricity and Uganda Telecommunicationslines. Regarding the mains electricity lines there will be both relocation and line diversion at

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various locations along the road. The estimated costs include the costs for materials andoverheads.

3.2 LAND TENURE REGIMES

Article 237 of the Uganda constitution, 1995 vests land in the citizens of Uganda anddefines four land tenure systems. These are as follows: -

* Customary land tenure* Freehold land tenure* Mailo land tenure and* Lease hold land tenure

The incidents of these systems are detailed under Section IV of the Land Act 1998. Thoserelevant to the Soroti - Lira road project are predominantly the customary and leaseholdsystems with some freehold land tenure. The present land tenure system along the entirestretch of the Soroti - Lira road is shown on Map 3. In addition there are intermediary landholding arrangements such as licensee/sharecropper, as well as land used for variouslivelihood requirements. The details of each system are described below:

3.2.1 Customary Tenure

This is governed by rules generally accepted as binding and authoritative by the class ofpersons to which it applies (the customary regime is not govemed by written law). It isowned in perpetuity. Customary occupants derive the rights on that land by virtue of theircustomary rights. They are entitled to certificates of customary ownership through theParish Land Committee. The bulk of the land along the project road is under customarytenure system as shown on Map 3.

3.2.2 Leasehold

A lease is created either by contract or by the operation of the law. There is a form underwhich the landlord, or lessor, grants the tenant, or lessee, exclusive possession of the land,usually for a period defined and in return for a rent. The tenant has security of tenure andproprietary interest in the land. Leased land is limited to towns such as Lira and SorotiMunicipalities.

3.2.3 Free hold

Freehold land derives its legality from the Constitution and from the written Law. It involvesthe holding of the land in perpetuity, or for a period less than perpetuity fixed by a condition.Freehold enables the holder to exercise, subject to the law, full powers of ownership.

3.2.4 Licensee or "Sharecropper"

In addition to the above systems of tenure, there are licensee or sharecropper holders.These have no legal security of tenure but have been granted authority to use the land forcropping for a specified time. The World Bank Operational Policy OP 4.12 recognizes therights of these sharecroppers in addition to the other legally recognized tenures.

In the Soroti - Lira RAP all three categories have been considered for resettlement /compensation.

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3.3 FARMING AND OTHER INCOME-GENERATING ACTIVITIES (LIVELIHOOD)

3.3.1 Land use

Land use is of a similar nature in Soroti, Kaberamaido and Lira districts. In all the districts,and particularly within the project area along the Soroti - Lira road, the land use is typicallyun-planned. Planned areas are restricted to Lira and Soroti Municipalities. Agriculture is themain economic activity in Lira district, whist agriculture and livestock keeping are the twomajor economic activities to which land is put to use in Soroti and Kaberamaido.

Agriculture provides employment to over 80% of the total population, as is the case for thewhole of Uganda. Major food crops grown in Lira include cassava, finger millet, sorghum,pigeon peas, beans, simsim (sesame), groundnuts, sunflower and maize. In Soroti andKaberamaido the crops include cassava, finger millet, sorghum, sweet potatoes, cow peas,soya beans, beans, simsim, groundnuts, sunflower and maize. The key cash crops for Liraupon which households depend for their income are cotton, coffee and sugarcane. The keycash crop for Soroti is cotton.

3.3.2 Sources Of Income And Employment

Most households outside of the commercial centers derive their livelihood from subsistencefarming, growing both food and some cash crop as listed above. In Soroti and Kaberamaidodistricts livestock rearing is a major livelihood. Within municipalities and trading centers,there is considerable trade and commerce.

4.0 COMMUNITY PARTICIPATION

Due to the insurgency and lack of security in the project area, community participation sinceJune 2003 has been limited. Nevertheless, Community Participation and Consultation hasbeen an essential process in creating and spreading awareness of the project and itsadvantages to the public in general. It is a key component of the Environmental ImpactAssessment (EIA) process. The public consultations and interviews undertaken to datehave highlighted the potential consequences of the project to those individuals that havebeen directly affected by it.

4.1 STAKEHOLDER ANALYSIS

An analysis of stakeholders has been carried out and the following were identifiedas the major stakeholders in the project:

* Local Governments (Soroti - Lira Districts' Executive as well as the Municipal Councils ofSoroti and Lira);

* LCV, IV, Ill & 11 Executives;* LCI Executives;* Security Agencies like the Police and District Intemal Security Officers (DISO);* Travel/Transport organizations like UTODA and UBOA;* Utility bodies like Uganda Electricity Distribution Company Limited (UEDCL) and

National Water and Sewerage Cooperation (NWSC) as well as the UgandaTelecommunications Company.

* Ministry of Works Housing and Communications/RAFU.* Ministry of Water, Lands and Environment.

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In general, Public involvement in this project is intended to assist in the following:

* Identifying cultural (e.g. burial places) and communal property;* Identifying the cultural / social groups which should move together where appropriate;* Identifying various resettlement alternatives where feasible;* Identifying vulnerable groups, which should be protected. These include women, the

disabled, the landless, orphans and other minorities.

4.2 COMMUNITY CONSULTATION AND PARTICIPATION STRATEGY

Synopses of the views of the road users and beneficiaries, as well as representatives of theLocal Councils, who were interviewed are presented below:

4.2.1 Transporters

Informal discussions were held with transport operators (truckers, taxi drivers/owners, and abus inspector) at Lira to elicit, among other things, their view on the current status of theroad, transport problems associated with it and whether upgrading the road from Soroti toLira would be beneficial to them. The transporters complained that the condition of the roadis very poor, which takes its toll on their vehicles. They stated that very few private vehiclesgo along the road for that reason. They also suggested that more road signs be put up nearschools and hospitals, and some mentioned that bumps be installed to slow down vehiclesas they approach these institutions. As expected, the transporters welcomed the prospect ofupgrading the project road to bitumen standard.

4.2.2 Sector Ministries

The feeling among the Sector Ministries, as well as at Local Government level, is that long-term and immediate benefts of the road will outweigh the problems, provided propermitigation measures are planned and implemented on time, these being specifically relatedto compensation issues.

4.2.3 General Community

The community members were very positive about the road project and were keen to havethe construction begin as soon as possible. Perceived benefits included cheaper and moreefficient transport options, resulting in improved marketing of agricultural produce and non-farm items, better communications throughout the district, and better access to socialservices. Concern was expressed about the bypassing of trading centers.

4.2.4 LC Executives and other Local Leaders

The LC I and Ill Leaders, as well as many of the District Officials, recognized the danger ofhaving a high-speed road pass through a trading center. With regard to the bypasses beingproposed at Tiriri, Lwala and Agwata, they stressed that consideration should be given to alink road connecting the centers to the new alignments. In addition, the communities andlocal leaders emphasized the need for road safety signs and speed control interventions atcritical spots along the rehabilitated road, and any proposed realignments.

The local leaders also urged the Client to ensure that local people were employed duringthe construction phase of the project road. In addition, construction workers have areputation for undesirable social interaction, and the contractors must control theirworkforces in this regard.

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As discussed before, the selected alignment option will still affect a number ofproperties/people. The communities and local leaders pointed out that all affected personsmust be compensated appropriately. It is for this reason that the mobilization of localpeople must involve these local leaders till the completion of the project.

4.2.5 Media

In addition the media should be used to disseminate information through local radioprograms in the local languages. This will ensure that each particular community will beexposed to the information.

5.0 COMPENSATION SYSTEM

As detailed before in the legal framework, the Constitution, 1995 and the Land Act, 1998have fundamentally reformed ownership and management of land in Uganda. TheConstitution vests all land in Uganda into the Citizens of Uganda Article 237 (1). Inpursuance of 237 (1), the Constitution recognizes customary land ownership under 237(3),which land hitherto was public land and hence Govemment Land. The same Constitutionallows for the Government to acquire land from individuals in the public interest, Article s26and 237(2). The land Act, 1998 operationalises the Constitutional provisions on land andunder sections 43 and 78 spells out how compensation should be assessed. Thisassessment is therefore statutory and all steps have been taken to comply with the statutoryprovisions.

5.1 INVENTORY OF IMPACTS ON INDIVIDUALS AND COMMUNAL PROPERTIES:

Since June 2003, the security situation in the Soroti and Lira areas has deteriorated and theConsultant has therefore not been able to undertake the socio-economic baseline survey ofthe Project Affected Persons. In addition, because of the insecurity, many PAPs have beendisplaced, having sought safety in neighbouring areas, and have not been available forconsultation. Once the security situation has improved and the PAPs have re-establishedthemselves, the following activities will be undertaken to finalise the RAP:

5.1.1 Thematic Maps

One of the first activities in preparing an RAP is the production of thematic maps which willshow the project road, the areas where people will be affected, and areas where thesepeople can be moved to if necessary. The maps will also indicate land use, naturalvegetation, and social services among others. All land areas for both registered land andcustomary owners are obtained through measurements and computations carried out by theCadastral Surveyor. These maps also serve as a baseline to protect the project from claimsmade by people moving into the affected area after the cut-off date (i.e. date of completionof the land/property survey and assets inventory).

5.1.2 Census of PAPs

A census of the project-affected people, will be undertaken in order to:

* collect baseline (socio-economic and other) information;* register the affected population by residence or locality;* list the project affected people (again so that no illegitimate claims can be made.

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5.1.3 Lost and Affected Assets

Inventories will be carried out to supplement the land, structures and assets data gatheredto date. Estimates of the crops, trees and other income generating enterprises have alreadybeen made. These are described in the following paragraphs.

5.1.4 Land

Land management and control of its transactions are decentralized at District and Parishlevels through District Land Boards and Parish Land Committees respectively. Fixing thevalue of land depends on whether it is titled land or not. Titled and or privately owned land isvalued according to the land tenure types indicated in section 3.2. In the case of publicland, the Chief Govemment Valuers' office fixes the rates of compensation. For privatelyowned land negotiations are to be undertaken with the developer and agreement reachedon the final amount to be paid for the land acquired. In both instances, the value of landvaries from one location to another.

For this assessment, the MOWHC's road reserve classifications have been followed, i.e. atotal road reserve width of 20 m (10 m either side of the centreline) and 30 m (15 m eitherside of the centreline) in urban and rural areas, respectively. Collective/communal land willbe compensated in accordance with the compensation plan. The main impacts toindividuals will be felt in the townships and trading centres.

5.1.5 Permanent Structures And Assets

Major structures and assets assessed are the infrastructure for the electricity grid, the watermains, and Uganda telecommunications lines. In addition the assets include the buildingsalong the entire stretch of the road, which have been valued and assessed. The Keyinfrastructure is shown in Table 5.1 below:

Table 5.1: Infrastructure to be Relocated

Description Assessed Cost (UgShs)

Water Services Relocation at Soroti Town 75,000,000

Mains Electricity relocation and line diversion atvarious areas along proposed Lira Soroti Road 150,000,000including materials, labour and overheadsRelocation of Uganda Telecom lines and Plant in 75,000,000Soroti and Lira TownsTOTAL VALUE 300,0Q0,000

The buildings affected by the proposed road development have been assessed.Table 5.2, below shows the affected buildings as well as the assessed values.

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Table 5.2: Assessment of Buildings along the Soroti - Lira Road

DESCRIPTION OF 'OSSIBLI VALUATIONNAME OF TOWNDELOMNT NO OF TYPE ESTIMATE REMARKSNAME OF TOWN DEVELOPEMENTS STRUCT. Ush ('000')

LIRA DISTRICT

CommerciaV Residential buildings Buildings protrude 1-21 LIRA URBAN Kiosksand fences 6 1&2 150,000 meters or less in 30

meter reserveBuildings protrude into20 m wide road

2 OJWINA CommerciaV Residential buildings and 39 1,2,3 342,700 reserve where off seta few fences by l5 mto avoid

Kachung-Lira waterpipeline

3 LIRAAPACH ROAD CommerciaV Residential buildings Ic. 'ci.3 LIRA APACH ROAD Kiosks and fences nlicl

UR BAR CommercialV Residential buildings4 UR BAR Kiosks and fences incl.

5 ~~~~~~~CommerciaVl Residential buildings5 LUMUMBA VILLAGE Kiosks and fences incl.

6 BOROBORO ~~~CommerciaV Residential buildings 'md

6 BOROBORO Kiosks and fences incl.

7 ANGWETA NGWET CommerciaV Residential buildings incl.Kiosks and fences

8 ADWILA CommerciaV Residential buildings , . ncl.8 ADWILA Kiosks and fences

AMACH ~~~~~~CommerciaV Residential buildings incld.9 AMACH Kiosks and fences

incl. Road to be diverted to10 AGWATA CommerciaU Residential buildings avoid a sharp bend.

Linkage suggested

AGWATA BOOSTER Gate house, gate and fence for the incl. Buildings protrude 1-2PUMP meters or less in 30PUMP water pump house meter reserve

12 ADWOK CommerciaV Residential buildings 2 3 30,000.1 2 ADWOK ~~~Kiosks and fences23

13 DOKOLO CommerciaY Residential buildings 8 2 150,00013 DOKOLO ~~~Kiosks and fences 214 ABALANG CommerciaV Residential buildings 2 4 20,000

Kiosks and fencesSUB TOTAL 712,700

KABERAMAIDOCommerciaU Residental buildings ~~~~~~Road to be diverted to

15 LWALA Commercial Residental buildings 3 4 45,000 avoid a sharp bend.Kiosks and fences Linkage suggested

16 OTUBOI CommereiaV Residential buildings 3 3 30,000 Road may be shiftedKiosks and fences to the right

CommerciaV Residenbal buildings ~~~~~~Road to be diverted to17 AMIDAKAN CommerciaVResidentalbuildings 3 3 30,000 avoid a sharp bend.

Kiosks and fences Linkage suggestedSUB TOTAL 105,000

SOROTICommerciaV Residential buildings ~~~~~~Road to be diverted to

18 TIRIR ComrerciaVResidenbalbuildings 4 3 60,000 avoid a sharp bend.Kiosks and fences Linkage suggested

CommerciaY Residential buildings ~~~~~~Buildings protrude 1-219 KATINE CommenciaU Residential buildings 2 4 20,000 meters or less in 30

Kiosks and fences meter reserve

20 AJONY CommerciaV Residential buildings 2 4 20,000Kiosks and fences

21 ARAPAI CommerciaV Residential buildings 2 4 20,000Kiosks and fences

22 NAKATUNY CommerciaV Residential buildings 4 3&4 40,000Kiosks and fences

23 SOROTI CommerciaV Residential buildings 5 1,2,3 50,000Kiosks and fencesSUB TOTAL 210,000

TOTAL ESTIMATED 85 1,027,700COST

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5.1.3 Land, Crops And Trees

At the time of the survey, there were limited cultivation activities. Perennial crops are inexistence and are mostly found adjacent to the residential semi-permanent structures orhuts. These have been assessed using the district compensation rate as determinedrespectively by the district of Soroti, Kaberamaido, and Lira. At the time of the assessmentKaberamaido had not developed compensation rates in which case the district rates ofneighboring Soroti will be applicable. The details of the assessment are detailed below inTable 5-3. Concerning Land, some land will be acquired for the road upgrading, while somewill be for the road reserve. Titled land will be compensated for and an assessment to thateffect has been done. Listed property on the land (Titled or not) has been assessed.

Table 5.3: Assessment for the Land, Crops some Structures along the Soroti - Lira RoadOption I Alignment

Item Name of ~~~Land Crops Listed ('000')oItem Name of LandBuildings & Valutio TotalNo District Titled Customary Structures Land Listed

(Titled) PropertyIn or near Mangoes 2,000 10,000 32,000,000towns only Fruit trees, timber(say 1.0 trees, bush trees,

I Soroti acre rural not expected Semi permanent 20,000urban 2.0 Structures, Hutsacre urbantotal)In or near Mangoestowns only Fruit trees, timber

2 Kaberamaido (say 2.0 not expected trees, bush trees, 4,000 10,000 14,000,000acres total) Semi permanent

Structures, HutsIn or near Mangoes 4,000 15,000 56,500,000towns only Bananas, fruit(say 1.5 trees, timber

3 (a) Lira acres rural not expected trees, bush trees,urban 2.5 Semi permanent 37,500acres Structures, Hutsurban)

3 (b) Lira Agwata Cypress 15,000 15,000,000Forest15mextensionto road

3 (c) Lira reserve crops 76,680 317,490 394,170,000alongside25 km ofpipeline

rOTALS 144,180 367,490 541,670,000

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5.2 CRITERIA AND STRATEGY FOR COMPENSATION FOR LAND, HOUSES, CROPS, AND OTHERPROPERTY

Guidelines on resettlement plans insist on restoration of lost incomes due to the upgradingof the Soroti-Lira road project. In the municipal and trading centers, costs for compensationand resettlement are substantial because such areas are more densely populated and yetconsiderable numbers of people may have a limited number of income generatingactivities/options. The desirable plan for restoration of lost incomes includes compensationcosts, resettlement costs and rehabilitation costs (i.e. livelihood restoration). These havebeen fully incorporated in the plan.

After compensation, it is anticipated that communities will re-establish themselves in theeconomic activities they were performing before the project. Monitoring beyond the projectconstruction period will be necessary in order to ensure that income generation targets aremet. As a result, this plan includes a monitoring budget. To minimize losses to thecommunity, it is essential that compensation be paid upfront.

The PAPs will receive full compensation and concurrently must give up their land titles (ifany) and physical possession of the land to the RAFU/MOWHC, and sign mutation formswhere necessary.

The Client will forward the title for lodging with the Land Office, and secure title for theGovernment and for the landlord where mutation of land has occurred. The Government willretain the Certificate of Title for the expropriated land. The District Land Tribunals will dealwith any disputes, which may arise in the course of the compensation exercise. As inPrivate Conveyance the ultimate stage in the transfer of land is the transfer of legal titleto the purchaser.

5.2.1 Eligibility For Compensation

Affected persons irrespective of their status (whether they have formal title, legalizablerights, non-ligalizable) are eligible for some kind of assistance if they occupied the landbefore the entitlement cut-off. The entitlement cut-off refers to the time when theassessment of persons and their property in the project area is carried out. Thereafter, nonew cases will be entertained. The following categories are eligible for compensation.

* People who have been in any way affected by the project (directly or indirectly)

* People whose houses/structures will be affected by land acquisition.

* People who rent land for cultivation and their crops or trees are to be removed ordamaged due to land acquisition activities (sharecroppers).

* Any other group of persons that has not been mentioned above but is entitled tocompensation according to the laws of Uganda and World Bank/Donor policies.

Persons who encroach the area after the resettlement survey (census and valuation) arenot eligible to compensation or any form of resettlement assistance.

The key determinant for compensation is on the basis of the pre-project census duringwhich all residents are identified. It has not been possible to undertake this census due tothe insecurity of the project area. The new settlers after the census will not be considered.During the public consultation exercise compensation alternatives were explained to thestakeholders. Specifically the criteria for different assets is described below.

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5.2.2 Disturbance Allowance

The carriageway for this road project with a road reserve of 30m in the rural areas and atleast 20m in built up centers does not involve destroying many properties apart from whathas been listed above. The people, whose property must be removed as listed, will be givenwarning in excess of six months. For the purpose of this exercise therefore it has beentaken that the affected people are on notice of not less than six months and disturbanceallowance of 15% will be awarded.

5.2.3 Strategy for Income Restoration

Guidelines on resettlement plans insist on restoration of lost incomes due to the upgradingof the Soroti / Lira Road. In this Road Project, however, there will be no real relocation ofpeople. In the majority of the affected cases, people will move "a step backwards" to allowthe project to proceed. However, the desirable plan for restoration of lost incomes includescompensation costs, resettlement costs and rehabilitation costs (i.e. livelihood restoration).These have been fully incorporated in the plan.

After Compensation, it is anticipated that communities will re-establish themselves in theeconomic activities they were performing before the project. Monitoring beyond the projectconstruction period will be necessary in order to ensure income generation targets are met.As a result, the plan must include a monitoring budget. To minimise losses to thecommunity, it is essential that compensation be paid upfront.

5.3 CONFLICT RESOLUTION AND GRIEVANCES SYSTEM

So far no one has raised any complaints regarding the road project and no major grievanceissues are expected to arise due to the expected widespread activities of participation andconsultation during the entire project period. In addition the political leadership as well asthe community in the project area are very supportive of this project. The rates applicablefor compensation are those determined by the Soroti and Lira Districts Land Boards andapproved by the Chief Government Valuer.

However a number of issues (grievances) may arise when the affected persons internalizethe valuation report and during the compensation exercise itself. A system of conflictresolution is to be put in place to settle these issues amicably through recognizedinstitutions to the satisfaction of involved parties.

Affected people are to be given an opportunity to review the survey and valuation results aswell as the compensation policies prior to the commencement of the compensationexercise. It is anticipated that a number of issues will come up among the affectedcommunities. If a person is not satisfied with the compensation or rehabilitation measuregiven, he could raise his complaint through the mechanism that has been put in place asdescribed below.

In order to address the above concerns, the Compensation Committee is to be formedbefore implementation. Such a Committee will be chaired by a Ministry of Works, Housingand Communications representative and will consist of the District Land Officer as theSecretary and the Local Council I Chairperson. The Consultant's Valuer would be an ex -official member. The Compensation Committee would be activated to sit at the time ofpayment of compensation. Since its field sittings will be village based, the Committee's thirdmember, the Local Council I Chairperson, will vary from village to village. The valuer wouldthen handle any public queries arising. Issues concerning the way the compensation

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/benefits have been handled in families should also be brought to the committee. If theperson complaining still does not agree with the decision of the committee, he will have theoption to appeal to the District Land Tribunal (as appropriate) of the local government basedat every district. If he still does not agree to the decision, he could go to the courts of law asa last option. The Compensation Committee will be established in consultation with all thestakeholders.

6.0 IMPLEMENTATION OF RESETTLEMENT I COMPENSATION

6.1 RESETTLEMENT IMPACTS AND MITIGATION MEASURES

The main objectives of the resettlement/compensation are to ensure that project affectedpeople (PAP) will get fair compensation for all losses of their assets . The PAP will alsoshare the benefits of the project through satisfactory resettlement and proper rehabilitation.In this way it is expected that their income, production and business capacity, and standardof living level will be improved, or at least restored to their former levels. The guidingprinciples for the implementation of the Resettlement/compensation plan are as follows:

* Resettlement will be minimised by keeping as much as possible to the constructioncorridor, in order to reduce on the affected area of land acquisition;

* Compensation for structures will be provided at Depreciated Replacement Cost underthe applicable law;

* When collective land is being acquired, communities will be informed that all the losswould be compensated in accordance with a compensation plan;

* That the road project creates jobs for the local populace (i.e. Casual work).

6.2 PROVISION OF INFRASTRUCTURE AND SERVICES

As already indicated (see section 3.1) a number of community infrastructures have beenidentified and earmarked for relocation. This is important because the identifiedinfrastructure is for the community. It will be relocated and where the cost to the communitycannot be justified the infrastructure has been left in place. The latter is the case Lira waterpipe line.

6.3 ENVIRONMENTAL MANAGEMENT

There is an EIA for the Soroti - Lira road upgrading Project. It will be adopted by thecontractors in accordance with the agreed environmental management plan. Regarding theResettlement plan, no physical relocation of communities which would lead toenvironmental stress on the resettled areas has been envisaged. Subsequently, no majorenvironmental consequences are envisaged due to the resettlement exercise. As a result ithas not been necessary to carry out an EIA on this resettlement plan.

6.4 PAYMENT PROCEDURES:

All parties involved will sign a compensation certificate. Signatories to the compensationcertificate will include the Recipient and members of the grievance committee.

Compensation of amounts more than one hundred thousand shillings will be made bycheque. Payments below one hundred thousand shillings will be made in cash. RAFU will

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assist those who do not have bank accounts to open them. They will also be trained on howto manage the money including the operation of accounts.

6.5 SCHEDULE OF IMPLEMENTATION

A typical implementation schedule for the Resettlement Action Plan is presented in Figure9.1 overleaf.

7.0 RESETTLEMENT /LAND ACQUISITION BUDGET

In order to fulfil the policy, legal and institutional requirements for the RAP it is imperativethat an adequate budget to meet the costs of Resettlement and Land Acquisition beprepared. This is necessary because, should the budget be too low, then the funds wouldbe inadequate and this would lead to delays in implementing the compensation exercise.The proposed budget is given in the table below covers costs for land acquisition,structures/buildings and crops disturbance allowances and monitoring of the exercise. Theyexclude any provisions for Income Restoration in respect of resettlement persons.

Table: 7.1: Assessed Cost of Land and Property for the Minimum Realignment Option

Total Value Total Value

Description or Activity Assessed Value DasturbanCe D1sturbanCeDiOWanCe (UaShS AllowanceUlowanc (UgShs (UgShs)

Land and Crops 541,67 622,920, 704,171,000,000 500 0

Property 1,027,700,000 1,181,855,000 1,336,010,000

Relocation of Water Services atSoroti 75,000,000 75,000,000 75,000,000Relocation of Electricity Grid linesat various places along theproposed road 150,000,000 150,000,000 150,000,000Relocation of UTL lines and Plantin Soroti and Lira towns 75,000,000 75,000,000 75,000,000SUBTOTAL 1,869,370,000 2,104,775,500 2,340,181,000Monitoring costs 500,000,00

500,000,000 500,000,000 0GRAND TOTAL 2,369,370,000 2,604,755,500 2,840,181,000

8.0 MONITORING AND EVALUATION SYSTEM

The purpose of monitoring and evaluation is to report on the effectiveness of theimplementation of the RAP, covering physical resettlement, disbursement of compensation,effectiveness of public consultation, success of income restoration activities, among others.

8.1 MONITORING THE RESETTLEMENT PROCESS

The following social indicators for monitoring of the participation process involved in theSoroti-Lira road project were considered:

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* Number and percentage of affected households consulted during the planningstage

* Levels of decision-making of affected people

* Level of understanding of project impacts and mitigation / resettlement options* Effectiveness of local authorities to make decisions

* Frequency and quality of public meetings

* Degree of involvement of women or vulnerable disadvantaged groups in discussions.

The following social indicators for monitoring of implementation of mitigation plans for theSoroti - Lira road project are considered:

* Agricultural output and income of affected peoples

* Inflation and availability of essential goods in local markets

* Effectiveness of compensation payments and procedures

* Traffic safety

* Involvement of local authorities and NGOs in the project-related activities

* Employment of local people on site

* Population influx and general security in the project area.

8.2 EVALUATION OF THE ACTUAL RESULTS

The evaluation of results of the compensation exercise and social mitigation I impacts willbe carried out by comparing baseline data collected in the planning phases with targets andpost-project evaluations. The Client, through his appointed Consultants, will carry outMonitoring and Evaluation.

8.3 COST OF MITIGATION AND MONITORING

For the monitoring plan to be implemented, financial costs will be incurred. It is estimatedthat the monitoring plan will cost up to 20% of the Resettlement and Compensation costs.Overall the main areas of expenditure for mitigation and monitoring include;

* Compensation for both temporary and permanent land take, and for loss of crops andresulting income (crops + land + disturbance allowance)

* Reinstatement of borrow pits and quarries at the end of the contract* Establishment, management and ultimate reinstatement of Contractor's camps

* Road Safety education.

* Re - vegetation and replacement tree planting activities.

* Monitoring team fees, subsistence and transport costs

The overall budget for environmental monitoring has been covered under the Environmentand Social Impact Assessment Report.

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9.0 CONCLUSION

In conclusion, good practice in resettlement / compensation planning and implementationare the key to fulfilment of needs of the PAPs in the Soroti - Lira road project. The optimumminimum realignment has been adopted which means that compensation and disruption ofpersons will be minimal. Several steps have been taken to effect this and include thefollowing:

* minimization or elimination of involuntary resettlement where feasible by reducing theroad reserve from 30m to 20m in the affected trading centres.

* Ensuring that the Kachung-Lira water pipeline remains intact

* Involvement of all stakeholders in a consultative process

Although it has not been possible for security reasons to undertake the social economicsurveys and census of people affected, it is essential that these be done as early aspracticable in the project preparation. This will enable Compensation of all the affectedpersons in a timely manner and in accordance with the resettlement guidelines

The total RAP budget has been assessed at Ug shs. 2,604,755,5001= (including therequirement to pay the disturbance allowance at 15% as appropriate).

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ROAD SECTOR INSTITUTIONAL TECHNICAL ASSISTANCE PROJECT … · 2016. 7. 17. · road sector institutional technical assistance project (rsistap) feasibility study and detailed engineering