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Project Name:

KAWANDA – MASAKA TRANSMISSION LINE

ELECTRICITY SECTOR DEVELOPMENT PROJECT

Project Number: P119737

Report for: RESETTLEMENT ACTION PLAN (RAP)

PREPARATION, REVIEW AND AUTHORISATION

Revision # Date Prepared by Reviewed by Approved for Issue by

Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | June 13, 2011 Page | i

Project Name:

Project number:

Report for:

PREPARATION, REVIEW AND AUTHORISATION

Revision # Date Prepared by Reviewed by Approved for Issue by

Issue Register

Distribution List Date Issued Number of Copies

SMEC staff:

Associates:

Office Library:

Proposal Project File:

Company details

Tel:

Fax:

Email:

www.smec.com.au

The information within this document is and shall remain the property of

RP1030 v1

ISSUE REGISTER

Distribution List Date Issued Number of Copies

: April 2011

SMEC staff:

Associates:

Office Library (SMEC office location):

SMEC Project File:

SMEC COMPANY DETAILS

Tel:

Fax:

Email:

www.smec.com

We certify that this Resettlement Action Plan was conducted under our direct supervision and based on the Terms of Reference provided to us by Uganda Electricity Transmission Company Ltd. We hereby certify that the particulars given in this report are correct and true to the best of our knowledge.

Table 1: RAP Review Team

Resource Designation Signature

M/s Elizabeth AisuSocial-Economist/RAP Specialist/Team leader

Mr. Orena John Charles Registered Surveyor

Mr. Ssali Nicholas Registered Valuer

Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | Revision No. 1 | June 13, 2011 | P a g e | ii

http://www.smec.com/

Resource Designation Signature

Mr. Yorokamu Nuwahambasa Sociologist

Mr. Lyadda Nathan Social Worker

M/s Julliet Musanyana Social Worker

ACKNOWLEDGEMENT

SMEC International wishes to express their gratitude to The Resettlement Action Plan (RAP) team, AFRICAN TECHNOLOGIES (U) Ltd and to all the persons who were consulted for their useful contributions that made the assessment successful. In this regard, Mr. Ian Kyeyune , LC5 Chairman Wakiso, M/s Joan Kironde, the then District Environment Officer Wakiso, M/s. Muniya Fiona, Sector Manager Mpigi, and to all the Local Council Leaders in all the affected Districts and the PAPs M/s Ziria Tibalwa Principal Planning Officer, Mr. John Othieno Principal Environment Officer and the whole Project Team of UETCL as well as all LC Executive of all the villages affected is acknowledged.

Gratitude is also due to the community in the project area who were very responsive for which the team is grateful.

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TABLE OF CONTENTS

ACKNOWLEDGEMENT...................................................................................................................................... II

KEY TERMINOLOGIES....................................................................................................................................... II

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

1 INTRODUCTION........................................................................................................................................ 2

1.1 PROJECT BACKGROUND......................................................................................................................................21.2 PROJECT OBJECTIVES.........................................................................................................................................21.3 PROJECT DESCRIPTION.......................................................................................................................................21.4 OBJECTIVE OF THE RESETTLEMENT REVIEW AND UPDATE.........................................................................................21.5 SCOPE OF WORK.............................................................................................................................................21.6 GUIDING PRINCIPLES.........................................................................................................................................21.7 APPROACH AND METHODOLOGY.........................................................................................................................2

1.7.1Socio-Economic Survey and Consultations...............................................................................................21.7.2The Land Survey.......................................................................................................................................21.7.3 Census and Valuation Methodology..........................................................................................21.7.4 Basis of Valuation.........................................................................................................................21.7.5 Method of Valuation....................................................................................................................21.7.6 Methods of Restitution................................................................................................................2

1.8 REPORT DETAILS............................................................................................................................................2

2 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK....................................................................................2

2.1 POLICY FRAMEWORK.........................................................................................................................................22.1.1Government Policies.................................................................................................................................22.1.2 The World Bank Safeguard Policies..............................................................................................................22.1.3World Bank Safeguard Policies.................................................................................................................2

2.2 THE UGANDAN LEGAL FRAME WORK...................................................................................................................22.2.1The Constitution of the Republic of Uganda, 1995...................................................................................22.2.2The Electricity Act, Cap 145......................................................................................................................22.2.3The Land Act Cap 227...............................................................................................................................22.2.4The Roads Act 1965..................................................................................................................................22.2.5The Historical and Monument Act, 1967..................................................................................................22.2.6Employment Act 2006 and Other Related Acts.........................................................................................2

2.3 GAP ANALYSIS.................................................................................................................................................22.4 INSTITUTIONAL FRAMEWORK..............................................................................................................................2

2.4.1Ministry of Lands and Physical Planning..................................................................................................22.4.2Ministry of Water and Environment.........................................................................................................22.4.3Ministry of Finance and Economic Planning.............................................................................................22.4.4Ministry of Gender, Labor and Social Development.................................................................................22.4.5Ministry of Energy and Mineral Development..........................................................................................22.4.6District Local Government Authorities......................................................................................................22.4.7District Land Boards (DLBs)......................................................................................................................22.4.8District Land Tribunals (DLTs)...................................................................................................................22.4.9District Environment Officers (ODEOs).....................................................................................................22.4.10 The Village Committees...................................................................................................................22.4.11 Non Governmental Organisations and CBOs...................................................................................2

3 IMPACTS OF THE PROJECT........................................................................................................................ 2

3.1 PROJECT LOCATION...........................................................................................................................................23.2 SCOPE OF PROJECT IMPACTS..............................................................................................................................23.3 CATEGORY OF IMPACTS.....................................................................................................................................2

3.3.1 Loss Of Land And Property..........................................................................................................................23.3.2 Impact On Structures...............................................................................................................................23.3.3Physical And Economic Displacement......................................................................................................23.3.4 Impact on Water Supply Systems.............................................................................................................23.3.5 Impact on Economic Activities..................................................................................................................2

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3.3.6 Impact on Shrines and Graves..................................................................................................................23.3.7Potentially Vulnerable Groups..................................................................................................................23.3.8 Institutions Affected.................................................................................................................................2

4 SOCIO – ECONOMIC –BASELINE INFORMATION........................................................................................2

4.1 ADMINISTRATIVE BOUNDARIES............................................................................................................................24.2 POPULATION....................................................................................................................................................24.3 DEMOGRAPHIC CHARACTERISTICS OF THE RESPONDENTS..........................................................................................2

4.3.1Age Distribution.......................................................................................................................................24.3.2Educational Levels....................................................................................................................................24.3.3Health Status............................................................................................................................................24.3.4Ethnicity and Religion...............................................................................................................................24.3.5Length of Residency.................................................................................................................................24.3.6Settlement and Land Use.........................................................................................................................24.3.7Land Tenure.............................................................................................................................................24.3.8Livelihoods and Economic Activities.........................................................................................................24.3.9Current Infrastructure..............................................................................................................................24.3.10 Shrines and Graves..........................................................................................................................2

5 COMPENSATION FRAMEWORK AND ELIGIBILITY................................................................................2

5.1 INTRODUCTION..............................................................................................................................................25.2 GENERAL GUIDING PRINCIPLES.......................................................................................................................25.3 GUIDELINES ON DEFINITION OF RIGHT OF WAY CLEARANCES.....................................................................................2

5.3.1Actions for Transmission Line Right-Of- Way...........................................................................................25.3.2Guidelines for Resettlement Along the Right-Of-Way..............................................................................25.3.3 Implication for Resettlement Action Planning..........................................................................................2

5.4 ELIGIBILITY......................................................................................................................................................25.4.1Loss of Assets...........................................................................................................................................2

5.5 COMPENSATION STRATEGY...............................................................................................................................25.6 ENTITLEMENTS...............................................................................................................................................25.7 RESPONSIBILITY AND SCHEDULE OF COMPENSATION PAYMENT..........................................................................2

5.7.1 Valuation Process and Methodology.........................................................................................25.7.2 Valuation of Land..........................................................................................................................25.7.3 Calculations for Compensation Payments and Related Considerations................................25.7.4 Compensation Options.................................................................................................................25.7.5 Compensation Packages..............................................................................................................25.7.6 Compensation Procedure.............................................................................................................2

6 RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION..................................................................2

6.1 RELOCATION PLANNING..................................................................................................................................26.2 ELIGIBILITY FOR PHYSICAL RELOCATION............................................................................................................26.3 IN KIND COMPENSATION PACKAGES.....................................................................................................................2

6.3.1 New Housing.................................................................................................................................26.3.2 Alternative Relocation Sites.........................................................................................................26.3.3 Replacement of Agricultural Land..............................................................................................26.3.4 Moving Allowance and Moving Assistance...............................................................................26.3.5 Physical Relocation of Graves.....................................................................................................2

6.4 LAND REQUIREMENT FOR RESETTLEMENT.........................................................................................................26.4.1 Site Selection Criteria and Preparation......................................................................................26.4.2 Relative Suitability of Candidate Sites........................................................................................26.4.3 Final Resettlement Site Selection................................................................................................2

6.5 RESETTLEMENT SCHEDULING..........................................................................................................................26.6 LAND REQUIREMENT FOR STORAGE.................................................................................................................26.7 CULTURAL MITIGATION PLANNING..................................................................................................................2

6.7.1 Background....................................................................................................................................26.7.2 General Objective:........................................................................................................................26.7.3 The Properties...............................................................................................................................26.7.4 The Approaches............................................................................................................................2


7 COSTS AND BUDGET................................................................................................................................. 2

7.1 RESETTLEMENT COSTS....................................................................................................................................27.2 LESSONS LEARNT AND BEST PRACTICES............................................................................................................2

8 ORGANISATIONAL RESPONSIBILITY AND IMPLEMENTATION PLAN............................................................2

8.1 RAP IMPLEMENTATION.....................................................................................................................................28.2 ORGANISATIONAL RESPONSIBILITY........................................................................................................................2

8.2.1 UETCL – Resettlement Unit..........................................................................................................28.2.2 PAP Committee (PC).....................................................................................................................28.2.3 Related Local Government Departments..................................................................................2

9 PUBLIC CONSULTATION AND DISCLOSURE................................................................................................2

9.1 INTRODUCTION.................................................................................................................................................29.2 STAKEHOLDER ANALYSIS.....................................................................................................................................2

9.2.1Stake Holders Consulted...........................................................................................................................29.3 STAKEHOLDER ENGAGEMENT..............................................................................................................................2

9.3.1Approach And Thematic Areas.................................................................................................................29.3.2Community Sensitisation..........................................................................................................................2

9.4 STAKEHOLDER CONSULTATIONS...........................................................................................................................29.5 CONCLUSION...................................................................................................................................................2

10 GRIEVANCE RESOLUTION MECHANISMS...................................................................................................2

10.1 AIM OF GRIEVANCE REDRESS PROCEDURE............................................................................................................210.2 TYPES OF GRIEVANCES......................................................................................................................................210.3 GRIEVANCE REDRESS MECHANISM.......................................................................................................................210.4 INSTITUTIONAL ARRANGEMENT FOR GRIEVANCE REDRESS........................................................................................2

10.4.1 Grievance Redress Procedure..........................................................................................................210.4.2 Conflict and Grievance Minimisation Through Information Disclosure and Consultation................2

10.5 INDEPENDENT (EXTERNAL) MONITORING FOR GRIEVANCE REDRESS MECHANISM.........................................................2

11 MONITORING AND EVALUATION FRAMEWORK........................................................................................2

11.1 PERFORMANCE MONITORING..........................................................................................................................211.2 PERFORMANCE MONITORING INDICATORS COULD INCLUDE:...............................................................................211.3 EXTERNAL MONITORING..................................................................................................................................211.4 COMMUNITY DEVELOPMENT ACTION PLAN.......................................................................................................2

12 CONCLUSION AND RECOMMENDATION......................................................................................................2

12.1 CONCLUSIONS................................................................................................................................................212.2 RECOMMENDATIONS.......................................................................................................................................2

TABLE I: RAP REVIEW TEAM...........................................................................................................................IITABLE II: ESTIMATED NUMBER OF AFFECTED HOUSEHOLDS PER DISTRICT.....................................................TABLE1: COMPARISON OF RELEVANT UGANDAN POLICIES AND REGULATIONS WITH THOSE OF THE WORLD

BANK......................................................................................................................................................2TABLE2: ADMINISTRATIVE BOUNDARIES AND VILLAGES TRAVERSED BY THE T-LINE....................................2TABLE 3: LAND UPTAKE.................................................................................................................................2TABLE 4 : SUMMARY OF IMPACTS PER CATEGORY........................................................................................2TABLE 5 SHOWS A SUMMARY OF THE VULNERABLE PAPS PER DISTRICT PER VILLAGE 2TABLE 6: ESTIMATED NUMBER OF AFFECTED HOUSEHOLDS PER DISTRICT...................................................2TABLE 7: ILLUSTRATION OF THE OWNERSHIP STRATEGY AND COMPENSATION STRATEGY FOR

TRANSMISSION LINE ADOPTED FROM THE RESETTLEMENT HANDBOOK BY IFC....................................2TABLE 8 : ENTITLEMENT MATRIXTABLE 9 SUMMARY ON THE METHODOLOGY FOR VALUATION OF AFFECTED PROPERTIES...........2TABLE 10: ITEMS REQUIRED FOR RELOCATION OF BURIAL GROUNDS........................................................2TABLE 11: ASPECTS TO BE COVERED DURING COMPENSATION.......................................................2TABLE12 ESTIMATED RESETTLEMENT COSTS..................................................................................2TABLE 13:: RAP IMPLEMENTATION SCHEDULE AND KEY ACTIVITIES...............................................................2


TABLE 14: PERTINENT ISSUES RAISED BY PAPSTABLE 14: SUMMARY OF STAKEHOLDER ANALYSIS........................................................................................2TABLE 15 GRIEVANCE MINIMIZATION, PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES....2TABLE 16 SUMMARY OF PERFOMANCE/ EVALUATION INDICATORS.............................................2TABLE 17 MONITORING INPUTS AND OUTPUTS............................................................................2

Appendix 1: INFORMATION BROCHUREAppendix 2. MAP showing line routeAppendix 3. list of impacts per villageAppendix 4. list of vulnureable groupsAppendix 5. summaries of consultative meetingsAppendix 6. socio-economic status of PAPsAppendix 7. socio- economic survey questionairesAppendix 8. pap registration forms


KEY TERMINOLOGIES

Wherever the following terminologies are used in this document, they are used to mean the definitions presented below. Most of the definitions are sourced from the World Bank “Handbook for Preparing a Resettlement Action Plan”, 2001, with or without modifications as relevant to this Project.

Project-Affected Area means an area, which is subject to a change in use because of the

construction or operation of the Project.

Project-Affected Person (PAP) means any person who, as a result of the implementation of the Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. PAPs may include:

Physically Displaced People, i.e. people subject to Physical

Displacement as defined hereunder,

Economically Displaced People, i.e. people subject to Economic

Displacement as defined hereunder.

Physical Displacement means loss of shelter and assets resulting from the acquisition of land associated with the Project that requires the affected person(s) to move to another location.

Economic Displacement means loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the Project or its associated facilities.

Project-Affected Household (PAH) means a household that includes one or several Project-Affected Persons as defined above. A PAH will usually include a head of household, his/her spouse and their children, but may also include other dependents living in the same dwelling or set of dwellings, like close relatives such as parents and grandchildren.

Compensation means cash or in-kind payments at replacement value for an asset or a resource

acquired or affected by the Project at the time the asset is replaced.

Resettlement Assistance means support provided to people physically displaced by the Project. Assistance may include transportation, and social or other services provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost workdays.

Replacement Value means the rate of compensation for lost assets calculated at full replacement value, it is, the market value of the assets plus transaction costs (taxes, registration fees, cost of transport associated with registration of new land and land transfer, etc). The replacement value


must reflect the cost at the time the item is replaced. As for land and structures, “replacement value” is defined as follows:

Agricultural Land: the market value of land of equal productive use or potential located in the

vicinity of the affected land, plus the cost of preparation to levels similar to or better than those

of the affected land, plus the cost of any registration and transfer taxes;

Land in Urban Areas: the market value of land of equal size and use, with similar or improved

public infrastructure facilities and services, preferably located in the vicinity of the affected

land, plus the cost of any registration and transfer taxes;

Household and Public Structures: the cost of purchasing or building a new structure, with an

area and quality similar to or better than those of the affected structure, or of repairing a

partially affected structure, including labor and contractors’ fees and any registration and

transfer taxes. In determining the replacement cost, depreciation of the asset and the value of

salvage materials are not taken into account, nor is the value of the benefits to be derived

from the Project deducted from the valuation of an affected asset.

Vulnerable Groups means people who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

Sub-county Uganda has a Local Governments System operating at different levels. These are Local Council V (LC V) – District; LC IV – County/Municipality; LC III – Sub-County; LC II – Parish and LC I – Village. The role of the local governments is to implement and monitor government programs at the respective levels.

Mailo Land It involves the holding of land in perpetuity, permits the separation of ownership of land from the

ownership of developments made on land by a lawful or bona-fide occupant (generally known as Tenant).

Additionally, the holder can only exercise transactions on the land subject to the rights of those persons

occupying the land.


EXECUTIVE SUMMARY

Project BackgroundThe Uganda Electricity Transmission Company Limited (UETCL) proposes to construct 134 Km of a

220 kV transmission line from Kawanda to Masaka to evacuate power from Bujagali and other

proposed hydropower stations on the Nile to central Uganda as well as serve as a high voltage

backbone to the proposed regional interconnection network between Uganda, Tanzania, Rwanda,

and DR Congo. The project will be financed by the IDA under the Electricity Sector Development

Project (ESDP). The proposed transmission line will transmit power from Kawanda 220/132/33kV

substation to Masaka West substation from which the load centers of Masaka, Mbarara shall be

supplied with power. Overall, the proposed construction of the transmission lines will be associated

with:

Consultancy Services for Detailed Line Route Survey, Line Profiling, Geological Survey, Tower

Spotting, Designs and Supervision of Works during construction.

Construction of a new 220kV double circuit steel tower transmission line (135km) from the

proposed new 220/132 Kawanda substation (to be operated initially at 132kV) to the new

Masaka west 220kV substation.

Extension and construction of Masaka West 220kV Substation

Construction of 2 X 220kV feeder line bays at the new Kawanda Substation ( to be initially

operated at 132kV)

Construction of 2X220 kV feeder line bays Masaka West Substation ( to be initially operated at

132kV)

Installation of 2X125MVA, 220/132/33kV Auto transformers at the existing Masaka West

220/132kV Substation.

Two 220kV and two 132kV transformer bays

Clearing of right-of-way as necessary

Construction of access roads as necessary

Construction of workers camps and storage facilities for the project materials

In addition, the project will invest in a community support program to help the communities around

both the stations of Kawanda and Masaka and along the t-line reap benefits from the investment. At

the same time MEMD will be fulfilling its social responsibility to Ugandans in this location. Community

support activities include among others street lighting, lighting of markets, etc, in Masaka and along

the t-line. However, the community development initiatives and the specific sub project activities will


be developed and finalized during project implementation. A separate Resettlement Policy

Framework has been prepared to cater for land acquisition in this program.

Project ObjectiveThe overall development objective of the main proposed project is to improve the availability and

reliability of electricity supply in the central and southwest regions of Uganda. The specific project

objectives include:

Provision of adequate transmission capacity to supply the south western and Western region

of Uganda

Provision of adequate transmission capacity for implementation of rural electrification

Improvement of quality and reliability of power supply to the south western and Western

Uganda

It is envisaged that this project will trigger O.P.4.12 Involuntary resettlement and hence a

Resettlement Action Plan for the Kawanda Masaka t-line has been prepared. Further it is necessary

that a resettlement policy framework is prepared for the community support program as some

activities may require the taking of land and assets thereon. Further, this is also because the scope

and details of the specific community support program activities are not known and therefore an RPF

has to be prepared and disclosed prior to Appraisal of the project.

Project DescriptionThe Project is 137 Km of a 220kV power line running from the existing Kawanda substation, 10 miles North of

Kampala, to Masaka West substation. This line will transmit power generated from Bujagali and

Karuma Hydro power Projects to the load centers of Masaka, areas of Western Uganda, Northern

Tanzania and Rwanda in line with the East African Power Master Plan. It is aimed at reinforcing the

capacity of Western transmission line to cater for the increasing demand of electricity in the districts

of Wakiso, Mpigi & Masaka as well as provide backbone transmission of electricity within the East

African region. The Government of Uganda has recently requested World Bank (IDA) to finance the

project under the Energy Sector Development Project. The old feasibility, RAP, and RAP documents

were handed over to the IDA for review. The Bank reviewed the documents and provided comments

to guide the update of the documents to meet the IDA requirements.

In the recent past, The IDA recommended that the 34 km Kawanda-Mpigi section of the transmission

line corridor should be redesigned to traverse areas that are less encumbered by settlements.

UETCL has therefore taken the recommendation and this has reduced both the number of Project

Affected persons and assets to be lost.

Initially, UETCL contracted African Technologies Limited (AFRITECH) to develop A Resettlement

Action Plan (RAP) for the people likely to be affected by the proposed line. The RAP was to identify


Project Affected Persons (PAPs) and their property, assess the property for compensation, cases for

resettlement, and develop guidelines for RAP implementation and monitoring arrangements.

Although this had been completed in 2008, implementation was not undertaken. Therefore it was

very important that an update of the RAP be made.

It was therefore on this basis that UETCL contracted SMEC International to review and update the

RAP of the entire proposed 137km 220kV transmission line and incorporate data from the 34km

diversion.

Objectives of the Resettlement Review and UpdateI. Update and outline the current cost for land requirements for the works, including

compensation for crops, buildings and other developments within the area of direct influence,

II. Review and update any resettlement requirements for cases involving physical displacement

and/or areas that need to be avoided due to congestion of human settlements or other

sensitivities.

Approach and Methodology

In order to minimize resettlement as much as possible, the verification team from UETCL confirmed

the diversion route and identified the gaps in the previous RAP. It is therefore on this basis that

UETCL contracted SMEC International to update and review the RAP report earlier on prepared by

AFRITEC U LTD. The review team from SMEC International used the following methods to

accomplish the work.

Socio-economic Surveys and Consultations : The Consultant applied a variety of

methodologies to ensure that impact and compensation assessments are based on current

and verifiable socio-economic and demographic information. Consultations were undertaken

amongst a number of stakeholders including Local Government Staffs, PAPs, and cultural leaders

amongst others. Key issues that have emerged through the above processes include:

Employment – community desire and demand for a high level of employment, coupled with

fear that the limited local skills base will result in exclusion.

Compensation - adequacy of the cash compensation.

Resettlement – impacts and compensation measures for economic and physical

displacement.

Livelihoods –loss of access to water points, schools, crop land and pasture.

Rural electrification – the community desire electricity as form of benefit to the project.

Land Survey: As per planning scheme of the transmission line, land survey was carried out by the

surveyor to ascertain the level of encroachment and determination of the t-line right of way and way


leaves. Marking and numbering of all structures within the RoW (yellow colour) and way leaves

(white colour) is done. The surveyor together with the valuer undertook the inspection/referencing of

all affected properties to collect basic data for compensation assessment. In addition, the affected

property owners were requested to furnish the consultant with any relevant documents relating to

their interest in the properties.

Census and Valuation Methodology: In the presence of the LC I Chairperson or representative,

the Valuer carefully counted all crops and trees, measured buildings/structures while the

owner/affected person verified the count. A “Compensation Assessment Form” was filled to record

properties affected. The LC I Chairperson, property owner and Valuer verified the contents and

signed the form. The Chairperson signed as witness to the count. The affected person retained a

copy and the Valuer kept the original.

Calculation to determine the amount for compensation for crops, trees, and structures was done

using the market rate based on approved district compensation rates for the districts through which

the line passes. The rates for Kampala District were used for this project firstly because Mpigi and

Masaka did not have District rates. Secondly these rates are generally higher affording PAPs a ‘fair’

compensation.

Policy, Legal and Institutional Framework

The main issue in land acquisition, resettlement implementation and management is presence of an

appropriate legal, policy & institutional framework to cater for (i) land acquisition, (ii) compensation,

(iii) relocation, (iv) income restoration and (v) livelihoods restoration programs. Government and

donor policies are crucial in successful implementation of projects that lead to property acquisition,

destruction and displacement of people. Although the Government of Uganda (GoU) has no

specific policy on resettlement and compensation it recognizes the right of persons to own property

and be compensated for loss of property. The right to own property and be compensated for loss is

derived from various sections of the 1995 Constitution, Local Government Act 1997 and Land Act

1998. Furthermore, the GoU recognizes the World Bank Operation Safeguard Policy OP 4.12

(2001) on involuntary resettlement that provides basis on which the World Bank screens proposed

projects to determine the appropriate extent and type of RAP to be undertaken.

In order to ensure that the RAP for the proposed 220kV Kawanda-Masaka power line meets the

environmental and social policies and the World Bank Policy on Involuntary resettlement, gap

analysis was carried out on the relevant Ugandan and development partner policies, legislations and

guidelines. Under the Ugandan laws the affected persons are monetarily compensated, and that the

affected persons are only eligible for compensation if they have legally recognized rights to the

subject land, but the World Bank requires that all affected persons should be compensated,


regardless of their occupancy status. WB policy provides for alternative land where compensation

on land for land basis, compensation in kind and goes beyond monetary compensation by specifying

that income must be restored at full replacement cost. In addition, both annual and perennial crops

must be compensated for in cash at an established rate, or annual crops may be given time to

mature and be harvested.

That notwithstanding, there are a number of legislative and regulatory instruments in Uganda that

address land acquisition and settlement both general and specific terms. Among these is the 1995

Constitution of the Republic of Uganda and a number of Acts. The Acts and Regulations of

particular relevance to the proposed 220kV Kawanda-Masaka power line are;

The constitution of the Republic of Uganda, 1995

The Land Act, 1998

The Electricity Act, 1999

The Historical and Monuments Act, 1967

The Water Act, Cap 152

The Road Act 1965 (defines the right of way)

The Worker’s Compensation Act.

Institutional Framework

The major issue in land acquisition and resettlement implementation and management is the

appropriate institutional framework for all concerned parties including the project developer. It is

important to ensure timely establishment and effective functioning of appropriate organizations

mandated to plan and implement land acquisition, compensation, relocation, income restoration and

livelihood programs. An institutional framework for the successful implementation of this project is

detailed below. The following institutions will be involved in this project;

Ministry of Lands and Physical Planning (Office of the Chief Government Valuer and Department of Lands & Surveys)

Ministry of Water and Environment (Directorate of Water Development, The National Forest Authority and The National Environment Management Authority)

Ministry of Finance, Planning and Economic Development (Microfinance Program)

Ministry of Gender, Labour and Social Development

Ministry of Energy and Mineral Development (Uganda Electricity Transmission Company Ltd)

The District Government Authorities (Chief Administrative Officers, Sub county chiefs, District land boards/tribunals) and,

Village Committees

Local Non-Government Organizations (NGOs) and Community Based Organizations (CBOs)

Establish offices at each district for grievance management


Political leadership ( Local Councils I to V

Other technical staff from the social services sector (roads, water) that have the mandate of Local Government at the sub county level

Project Impacts

The lines traverse over mainly private farm land and not much government owned land. It

transverses homesteads both permanent and temporary and farm land with crops such as maize,

bananas, coffee, vanilla, cassava, sweet potatoes and fruits like; jack fruit, avocado, mangoes water

melon and many others exist though scattered. The land is also used for animal rearing/grazing that

include; cows, goats, sheep, pigs poultry and fish ponds. Few scattered tall trees and other plants

exist, wetland and both natural and planted forests.

The project activities will inevitably lead to negative impacts like land-take, property displacement,

crop destruction, household displacement and cultural site encroachment. These activities will lead to

loss of land and property, limited access to water supply, increased pressure on health facilities, loss of

income/means of livelihood and creation of the potentially vulnerable populations. The land requirements for

the project are of three broad categories, namely;

land for construction of the transmission line

land for the expansion of Masaka West Sub-Station

land required temporarily for construction purposes.

Following the UETCL definitions, the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the right of way (RoW). This implies a corridor of

5 meters that will be permanently acquired and will occupy the tower foot print and 17.5 meters on

each side of the corridor (Way leaves) that will temporarily be acquired during construction of the t-

line. Where the towers require more than 5 meters, the additional land will be paid for or equally

replaced. Additionally from the data collected and analyzed, UETCL will require about 120 acres for

purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as

storage or lay down area during construction. Owners of the latter land will have to be compensated

for the disruption during the lifetime of construction activities. This is slightly different from the 2008

requirements due to changes in routing brought about by human settlements near the Kampala

Area.

A total of 321 permanent structures and 121 semi permanent structures are to be affected. Some

225 structures, mainly residential and commercial buildings will have to be demolished to pave way

for the right of way of the transmission line. Of these, 60% are permanent finished residential and

commercial buildings and 31% are semi-permanent structures mainly residential). Since care was

taken to minimize speculation, no speculatively constructed structures were encountered.


Out of the above numbers, 160 households that are to be physically displaced include those with

varying degrees of vulnerabilities and have opted to have their houses replaced, while the rest have

been termed as economically disturbed due to the current use of the land determined to be

agricultural/commercial. The remaining 65 households with structures to be demolished have

chosen to receive cash payments for their structures due to their capacity to use the compensation

proceeds to replace the structures. The different compensation options for each category are

discussed in chapter 5.

In general, there are 2136 households, and a total of about 13596 persons affected by the currently

optimized route in the project area. Out of these numbers, 160 households are to be physically

displaced while the rest have been termed as economically disturbed due to the current use of the

land determined to be agricultural/commercial. Most of the persons likely to be physically displaced

live in the highly encumbered areas of Nabusanke Town A, Kayabwe, Buwama B, lutente, Lukuli,

Kayirikiti, Kalagala Kiteredde, Kamungomba Namansenene. In addition, people leaving in urban

centers such as Buwama in Mpigi District and Lukaaya and Masaka Town Council in Masaka District

will be physically displaced.

There are 3 unprotected and 2 protected springs in the ROW of the transmission line. Construction

of the transmission line will directly affect these water sources through pollution and interference with

flow. Residents in the villages of Bukasa A, Senge and Buwama B Membe Makoku and Kayirikiti

these water sources will be replaced or protected.

Whereas the construction of the transmission line may lead to increase in economic activities in the

project area, this will be limited to urban centers such as Mpigi, Buwama, Lukaaya and Masaka.

Economic activities such as stone quarrying, sand mining, poultry, piggery and farming may be

interrupted by the construction of the transmission line.

A couple of poultry and piggery businesses fall within the ROW of the transmission line. T he

buildings housing the poultry units are semi permanent structures with corrugated iron sheet roofs.

Whereas these structures can easily be relocated, there will be disruption to income generation. For

example, in one of the units we estimate a net monthly income of UGX =500,000= or USD 294 (at 1

USD = UGX 1700=) corresponding to UGX 6,000,000 (USD 3,530) per annum. In a country with a

per capita income of USD 240, this amounts to high loss.

Several shrines, graveyards and possessed trees are found along the route and attempts have been

made as much as possible to avoid them during the construction of the transmission line.

Vulnerable Persons. Implementation of projects that lead to property take and livelihood disruption

usually affects some people more than others. These categories of people are known as the


potentially vulnerable. Vulnerable groups are defined by the World Bank policy on involuntary

resettlement (O.P. 4.12) as ‘people who by virtue of gender, ethnicity, age, physical or mental

disability, economic disadvantage, or social status may be more adversely affected by resettlement

than others and who may be limited in their ability to claim or take advantage of resettlement

assistance and related development benefits’ There are 167 vulnerable households that will be

affected by the entire line and of these 100 are female majority of them being aged widows with 1

aged 100 years. Table below summarizes the total categories of the impacts of the T-line.

A summary of the Vulnerable PAPs per district per DistrictDistrict Total number of villages with

vulnerable PAPsTotal Male Total Female Total

Wakiso 10 12 14 26

Mpigi 26 44 49 93

Masaka 16 11 37 48

Total 52 67 100 167

The male are 67 all these are scattered throughout the t-Line in 52 villages. Those who are HIV

positive are 2 in Kabale and Majja villages and the Physically Disabled moving on wheel chairs are

also 2 in Mwota and Buwama B villages, a minor in Mwalo village and a drunkard in Senge village.

Out of the enumerated entities found along the optimized route, 82 have been categorized as

institutions whose impact was unavoidable and whose strategy for impact mitigation is slightly

different from the individualized approach of households. Efforts have been put in place to minimize

impact on public and social infrastructure however some of them like the NSSF land in Bukasa A Wakiso

District, Grace Infant School with less than 100 pupils in Kavule village, Iqra Primary School in Mpigi, Nkozi

Agri-business training School will have to be affected.

Demographic CharacteristicsAccording to the 2002 Population Census the population of the affected districts was Wakiso

908,000, Mpigi 407,800 and Masaka 770,700 people. Results from the socio-economic survey suggest

that 22% of the household members are children less than 18 years old and 68% of the household members

were between 35 – 55 years. Only 10% are very old thus 56 + years of age. With the majority of the

population being in the productive age bracket the dependency ratio is expected to be low.

Educational Attainment

A large proportion (56%) of PAPs attained primary school education with fewer than half this (20%)

enrolled for secondary education. Most of the women did not enroll because factors like early marriages,

low priority on girls' education and lack of means to pay for school fees for secondary education. Just 8%

of the PAPs attained tertiary education.


Literacy Levels

The low levels of literacy in the area implies that any information and awareness programs to be

designed for the people in the project area should not rely only on written texts but use illustrations

and other suitable information media. Furthermore, low education levels means few PAPs have

skills that are required in the construction of the transmission line. Therefore majority of them may be

employed as casual laborers. Furthermore, since many of the affected PAPs still have children that

are attending primary and secondary school, it is important that any resettlement area should have

educational facilities to cater for the increase in enrolment or else the project helps the host

communities expand the educational facilities.

Health Facilities

In the three districts covered during the survey, it has been noted that there is too much pressure on

the existing health facilities that are mainly Health Centre II (HC II), drug shops, clinics and traditional

birth attendants. The majority of the people in the project area use health centers (43%), clinics

(28%), and drug shops (20%) for the management of their health. A mere 6% visit hospitals

Religion and EthnicityThe dominant ethnic group in the project area is the Baganda (88.4%). Other tribes such as the

Bakiga, Banyankole, Banyoro, Bateso and Batooro stay in the project area especially around the

trading centers. The population within the project area is largely Christian (80%) with Catholics (51%)

dominating. However, traditional beliefs are strong among the respondents.

Settlements

Through the 137 km stretch from Nakyesanja LC I (where Kawanda Substation is located) to Masaka

West substation, the proposed transmission line traverses sixty seven villages, including Trading

Centers and Towns. From Nakyesanja to Masaka the settlements are typical village setting

characterized by scattered settlements with footpaths. The compounds are composed of a group of

houses accommodating members of an extended family. However, from Kawanda to Kkoba swamp

settlements are mainly of the scattered nuclei settlement with various permanent structures which

are concentrated along the roads while semi-permanent and mud and wattle houses are found as

one goes deeper in the villages.

Land OwnershipSixty eight percent of people to be affected by the project are tenants, 30% are registered leasehold

landowners, 1.2% are registered landowners and the rest are licensees. A majority (80%) of these

people have official documentation (land titles, land agreements and wills) showing ownership of

their land.


Livelihood Activities

Land is mainly used for agricultural purposes on a small-scale level for domestic purposes. This is

because of the size of the plots of land under cultivation, the agricultural practices characterized by

poor farming methods, poor soils which produce very low yields due to over cultivation over a long

period of time. Crops mainly grown in these areas include food crops like cassava, potatoes,

maize, bananas, beans, tomatoes, rice, tomatoes ginger, avocado vegetables, watermelon

groundnuts and cash crops like vanilla, coffee, moringa trees and tobacco and eucalyptus.

Livestock farming is also practiced within the project area but done on a small scale with most

households not keeping more than 3 cows and 5 goats except Muzinda Women’s Group –Bagala

alina which rears pigs on medium scale. The most common livestock are goats, pigs, cows,

rabbits and poultry. Another livestock farmer keeping about 40 Friesian cows was found in Kibwa

in Wamala Parish and a number of cows found grazing in Lwera near Lukaya. .

Income, especially the disposable portion is vital in the coping ability of the affected populations.

Persons, even when they are disabled or old would still be able to hire labor and skills required for

survival. The major income sources of the PAPs were identified from their own declarations. The

income streams of the PAPs can be summarized into;

regular earnings (salaries and wages)

agricultural activities (farming, livestock, poultry keeping, etc)

income from property rental

public transportation (boda bodas, etc)

others

Agriculture is the major source of income, although practiced at subsistence level most of the

products end up in the roadside markets spread along Kampala – Masaka highway. 65% of the

respondents stating that they rely on sale of agricultural products such as Bananas (Matooke),

Maize, Cassava, Sweet potatoes, Tomatoes, pumpkins, Yams, Onions, fruits like Water Melon,

Pineapples, Oranges, Passion, sweet Bananas, poultry, pigs goats and cows. Since agriculture is

the main stay of the Uganda economy, moreover, a large proportion of the PAPs are rural based, it

was reported that 75% of it contributed to household income. The rest is attributed to other economic

activities like brick baking, sand mining, art and crafts from the reeds and papyrus, and small scale

businesses. In the urban areas however, salaries and wages form key sources of income.

In Mpambire village, drum making is the main economic activity mainly by men. Other sources of

domestic income included transportation (boda boda), fishing (areas in Lwera up to Lukaya), and

handcraft work, casual labour mainly in form of masonry, digging and fetching water. Although


most people are engaged in income generating activities, their monthly incomes are not stable,

some are seasonal and still very low and thus fragile.

Employment

There are very few opportunities regarding employment for the residents of the rural areas of the

project area. It was noticed that many residents had not received training in any skills. The few

trained in the community-included teachers, health workers, tailors and carpenters. It was

observed that on average the highest level of education attained is Senior Four, while most of the

children drop out of school after Primary Seven mainly because of lack of school fees.

Roads

The project area crosses three high ways Kampala – Masaka, Kampala – Gulu and Kampala –

Hoima. Then runs along Kampala – Masaka highway for most of its part but at some areas it goes

off for over 5 kms into villages. The roads leading to these villages are seasonal characterized by poor

network system and road surface with potholes. Some of the villages were not easily accessed due

to the geographical set up especially in the swampy areas where roads were too narrow and

impassable.

Water supply

Most of the water sources are along the swampy areas or within the valleys. It was observed that

unprotected springs were the main source of water supply. A few water taps for National Water and

Sewerage Corporation and boreholes were identified in villages of Kikaya, Bubule, Jandira,

Nabusanke, Buku, Kyanja, Kiswa, Buyaya, Lubanda, Baja, Kayunga, Kayirikiti and Kitenga some of

which were still working and others out of function due to poor maintenance. In Kasubo village,

there are no water sources in the area due to the terrain and it was reported that there are many

mineral salts underground, which affects the water quality even of the borehole. There are also

unprotected water sources in Bukasa A, Ssenge, Namutuya and Buwama B.

Compensation Framework and Eligibility

Compensation and entitlements will be triggered by particular and specific impacts resulting

from the project. Using the information from the socio-economic survey and census,, these

general impacts emanating from the project would include losses both at family and commercial

establishments. Hence the eligibility of affected persons are those persons whose property and

land will be acquired both temporary and permanently; directly or indirectly for the project

implementation.

In order to minimize resettlement impacts, the consultant used guidelines from the International

Commission on Non-Ionizing Radiation Protection (ICNIRP), and other applicable electric power

transmission and distribution standards. The guidelines imply that permanent acquisition of the


wayleaves may be limited so that relocation of structures and compensation of agricultural crops,

trees and other productive uses may be modified from conventional approaches.


Eligibility

The determination of eligibility for various types of compensation is framed both in terms of the PAP

categories in section as well as whether the individual PAP and affected property were present in the

project affected area before the resettlement cutoff date which in this case was 18th February 2008 for the original line route and 30th October 2010 for the diversion. In functional terms, a resettlement

cutoff date is the calendar limit on the project’s responsibility to compensate impacts, by specifically

defining date after which the public ‘should know’ not to make improvements or settle on project land

by virtue of public consultation and other communication efforts. Affected households and persons

that according to the WB policies are eligible for compensation will thus include:

All those who have formal legal rights to land (including customary and traditional rights)

recognized under the laws of the country (Mailo Landowners, Leaseholders)

All those who did not have formal legal rights to land at the time the census began but had

claims to such land or assets (Bibanja holders/bonafide occupants)

All those who have no recognizable legal right or claim to the land they are occupying but

have property on the said land

Only those who had rights to property before the cut-off date

Guided by the definition of ROW and the way-leave and the fact that some families are in this

area, some will have their structures demolished. These include residential and commercial

buildings, kiosks, etc.

Compensation Strategy

In order to minimize the negative economic impact of improvement activities on agricultural

activities the compensation strategy has provided several scenarios (situations) which come with

minimal disruptions and/ or disturbances.

Entitlements

The process begins with linking an array of affected asset types to an interest or legal right,

then to a potentially affected party who is deemed eligible or not according to specific

conditions. If qualified, the affected party is then considered ‘entitled’ to an appropriate

compensation package. The right to benefits will only be granted to PAPs whose assets will be

demolished and those who will have to move their assets to a different location. UETCL will use

prevailing market rates for permanent structures, titled land and trees as practiced by the

international valuation standards committee (2008) rules and The Institution of Surveyors of

Uganda valuation rules. UETCL also has a policy that ensures that any cut or uprooted vegetation


is left for owners use after compensation. Assets that are not vegetative would require valuation

before compensation and resettlement.

Valuation Process and Methodology

Through community sensitization meetings, the RAP development team addressed the PAPs and

gave them the : (i) The proposal to acquire the land; (ii) The public purpose for which the land is

wanted; (iii) That the proposal or plan may be inspected by the UETCL officials ; (iv) That any person

affected may, by written notice, object to the transaction giving reasons for doing so, to the entities

cited above within a period to be specified at the time of publication of the Notice.

In calculating the compensation payments a number of considerations were made including where

any land has been acquired under Land Acquisition Act, compensation will only be payable in

addition to the value of any improvement or works constructed on such lands:

for the loss of usufructuary rights over such lands in the case of land under customary

tenure, and

for the market value of such lands in the case of freehold land.

In estimating the compensation to be given for any land or any estate therein or the potential

profits thereof, the following were taken into account:

a) The value of such lands, estates or interests or profits at the time of the emission of the

notice to acquire, and will not take into account any improvements or works made or

constructed thereafter on the lands,

b) That part only of the lands belonging to any entity /person acquired under this Act without

consideration for the support of the value of the residue of the lands by reason of the

proximity of any improvements or works to be made or constructed by the program, and

c) The value of the lands acquired for public purposes but also to the damage, if any, to be

sustained by the owner by reason of the injurious effects of severance of such lands from

other lands belonging to such owner or occupier.

d) For cash payments, compensation will be calculated in Ugandan currency adjusted for

inflation. For compensation in kind, items such as land, houses, other buildings, building

materials, seedlings, agricultural inputs and financial credits for equipment may be included.

Assistance may include moving allowance, transportation and labor.


Compensation Options

Results from the socio-economic survey undertaken in 2008 suggested that 90% of affected

households preferred cash compensation, 6.4 % prefer in-kind compensation for the land lost and

2.6% were undecided. Furthermore, 72% of the affected people that would lose their houses

preferred cash compensation while 28% preferred the in-kind option. This team observed that the

strong preference for cash compensation irrespective of the size and type of loss could increase the

risk of misappropriation of such funds hence increasing the vulnerability of the PAPs. However, the

UETCL field team in charge of sensitization and awareness has provided for both cash and in kind

compensation including other resettlement assistance and livelihood restoration measures to be

utilized by the PAPs.

Consultations with PAPs further revealed that cash compensation should be an option for the lightly

affected households where income restoration support can manage to re-establish and increase

household production and income from the remaining land. For the more heavily affected

households, such as those who are losing houses and/or who will remain with plots of land that are

insufficient for them to secure their livelihood and income (those losing more than 20% of their land),

in-kind compensation and resettlement solutions were negotiated and agreed to the largest possible

extent. Alternatively, UETCL could negotiate a combination of in kind and cash compensation

Payment Procedure. This process included verification of both the PAPs and their losses, disclosure

of entitlements, further consultations on issues arising, documenting /recording the PAPs details and

then payment or relocation as necessary.

Disclosure

A compensation committee will carry out public disclosure of the compensation. We propose a 3-

stage process with the first stage disclosure meetings by the verification team at any convenient place

in the affected villages with area LC1s to explain the principles of compensation for different types of

loss. Second stage disclosure meetings at village level with individual PAPs during which results of

land and property assessment will be disclosed to them. The list of each affected individual with no

amounts is then published. Third stage disclosure meetings, will be held with individual affected

households at an appropriate place in the affected village. At this stage, the proposed compensation

for land and other affected properties will be discussed. Family members have to express their

consent at this level as required by Section 40 of the Land Act. If the deal is agreeable to both

parties, a Compensation Certificate will then be signed.

Payment Procedure

Compensation should only be paid in cash if the amount is less than UGX 100,000 UGS otherwise


payments should be made to bank accounts of beneficiaries. Beneficiary households should be

encouraged to open bank accounts at banks of their choice.

Each person who receives compensation will sign a compensation payment certificate clearly

showing different compensation amounts for land taken, land developments (crops, trees,

structures) as well as the disturbance allowance. Beneficiaries should also sign titled or untitled

land transfer form. For purposes of transparency, the signatory parties should include;

The Compensation Recipient/Claimant

UETCL Compensation Committee Representative

The LC1 Chairperson

Independent Witness NGO Representative

The Land Officer of the District

Resettlement Assistance and Livelihood Restoration

In general the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW. Additionally from the data collected and analyzed, UETCL will

require about 120 acres for purposes of resettlement while 12 acres per camp in the 3 districts will

temporarily needed as storage or lay down area during construction. Owners of the latter land will

have to be compensated for the disruption during the lifetime of construction activities. Included here

below are resettlement and livelihood alternatives to be offered to affected household and people. These

alternatives take into account the requirement of WB OP 4.12 (6a).

WB OP 4.12 (6a) requires any resettlement plan to include measures to ensure that displaced persons are

consulted on, offered choices and provided with technically and economically feasible resettlement

alternatives.

Land Requirement for Resettlement

Resettlement usually affects men, women and vulnerable groups differently in terms of needs and

opportunities for access to land, resources, employment and markets. Resettlement involving

physical relocation of people affected by the project will be done with critical consideration of

following components.

Criteria for selecting candidate resettlement sites

Relative suitability of candidate sites

Steps necessary to finalize selection of candidate sites


Characterization of resettlement plots

The candidate resettlement sites which include: Kanaani, Lukaaya, Kyalusowe and Bajja A,

these sites were sought in areas that offered the closest possible proximity to the existing

villages, while still placing relocated residents outside the sphere of project impacts.

Preliminary reconnaissance of the sites was done. The initial valuation indicates the sites are

suitable for resettlement purposes but in-depth analysis of water availability, topography and

cultural acceptability are currently taking place. Final selection of resettlement sites of

Kanaani, Lukaaya, Kyalusowe and Bajja A was guided by;

Presentation to communities of the pre-identified resettlement sites and discussion of their

acceptability

Further discussion with Resettlement Committees

Selection of best site

Visit to selected sites with the Resettlement Committees

Validation of choice in general meetings with PAPs

Securing land on resettlement sites

Resettlement Scheduling

Resettlement implementation needs to be orderly and for this reason, a resettlement office/team is

recommended. This office/team should contain at least a female member to take care of issues to

do with female PAPs. Construction of new houses and relocation of people should be completed

within the preparatory stage of construction and before the beginning of relevant engineering works.

Affected houses should not be demolished until the beginning of the construction. At that stage all

new houses will have been built. Thus, resettlement and relocation needs to be scheduled well

ahead of the 6 months notice period from the cutoff date.

Land evacuation should be before the beginning of construction works. Since the PAPs are to

evacuate the land at the latest 6 months after compensation, UETCL should provide replacement

agricultural land 6 months before evacuation so that evacuees can adequately prepare for the new

agricultural season.

Costs and Budget

An estimate of the replacement costs of the structures to be demolished along the power lines

construction and from the power sub-stations in Kawanda and Kyabakuza in Masaka has been


carried out by a licensed Valuer appointed by UETCL for the exercise. The compensation budget for

the project affected persons so far computed amounts to UG Shillings 30,232,095,086.20.

Organizational Responsibility and Implementation Plan

The RAP anticipates that the project implementation schedule will consist of three phases namely

preparation, implementation and post implementation. It mainly will include works such as clearing

of the access roads, areas for materials and construction workers’ camps. The resettlement

schedule for land acquisition, house demolishment and relocation will be coordinated with UETCL.

The implementation of the RAP will be undertaken by an external agency that will report to UETCL

requiring collaboration from all the stakeholders. This requires a properly constituted structure for the

administration of the same.

The RAP Implementation schedule and key activities anticipated prior to, during and after are

outlined in the following table:

RAP Implementation Schedule and Key Activities

Activities PeriodInvestigations on the prevailing Socio-Economic and Environmental conditions, undertaking a detailed RAP, drawing resettlement schedules and finalization of Investment costs.

First 8 Months

Constituting and operationalization of all Resettlement agencies including training of staff

5 Months

Awareness Campaigns Continuous Identification and agreement with PAPs, construction of access roads to materials sites and workers camp

7-9 Months

Construction of the transmission line Months 18 onwardsPost-construction period e.g. monitoring of PAPs progress and functioning of the facilities

Within the lifespan of the project

A RAP unit will be set up in UETCL including Legal Advisor, Surveyor, Transmission line Engineer,

Social-economist, Transmission line RoW and Way leaves Officer, an Environment Officer,

Community Liaison Officer, Grievance Officer, Database Officer, and Registered Valuer.

Public Consultation and Disclosure

The World Bank and GoU guidelines require the people likely to be affected by a development

project to be consulted so that their views and fears are incorporated in planning. Community

perspectives are important for project planning and implementation. Knowledge of what the

community perceives will go a long way to help during the compensation and resettlement action

plan. Therefore, during the RAP process, consultations need to be conducted with relevant

stakeholders, including potential beneficiaries, affected groups, Civil Society Organizations (CSOs)

and local authorities about the project’s environment and social aspects and their views considered.


To meet this requirement, the RAP team held public consultations in areas that were considered hot

spots (areas with high settlements and heavy encroachments) along the existing power line.

Regarding Compensation and Grievance redress, the RAP team highlighted to the community the available compensation packages and the issues pertaining to each. The land for land

compensation and the cash for land options were discussed. The option of paying land for land

was discussed with the community and it was found out that it is associated with looking for land,

negotiating for a price with willing sellers, before it can be transferred to the affected persons.

However the decisions to take land for land were made on individual basis and most of the PAPs

preferred cash compensation. The project affected people also agreed that a third party will review

the disputes that the parties will encounter during the actual compensation process.

Another issue of contention is the timing of compensation. Communities expressed concern with

the way compensation is handled in Uganda. The community members were further informed that

during the compensation exercise, agreements will be signed between the two parties to ensure

smooth and transparent compensation process. They were however concerned about the absentee

landlords and some family members who may not be available during the compensation period. The

team informed them that all efforts will taken to ensure that the right full owners or family members

are contacted before the compensation is finalized. They were also informed that the whole process

takes some time to be complete so they were advised to inform their landlords and relatives about

the proposed developments early enough. Emphasis was also put on the need for the PAPs to open

Bank accounts and provide their photographs.

Community members, local leaders and district technocrats expressed concerns about what would

be done to people who may be affected more by the project. From the discussions, the potentially

vulnerable in the project area include the elderly, widows/widowers, single mothers, disabled

persons, and child headed families. At least 167 vulnerable people were identified during the RAP

and details are in Annex 4. The concern of this group of PAPs is getting in-kind compensation since

they may not have the energy to establish new homes by themselves.

The communities were requested to identify cultural and community properties (such as cultural sites

and graves) in or near the transmission line corridor that could be affected by the project. From the

meetings it emerged that some graves are located within the transmission line corridor. Some of the

graves are cemented therefore are easily visible wherever they are located. Other properties may

be cultural sites used for cultural ceremonies and traditional healing although these were not

identified during the RAP. The communities were informed that no towers will be in the graves site

areas and individual households will make decisions on whether to relocate them or not since they

are below the vertical clearance height of 7.5 meters.


The RAP team outlined to the community the procedures on how they will participate and get

involved in the proposed project. They were informed that at each stage of the project, the

community would be informed through their Local Council leaders. They were further informed that

in the detailed RAP to be carried out and that there would be more consultations, identification and

valuation of property.

The communities proposed that when the project starts, they should be given the first opportunity

and priority to work as semi skilled or non skilled laborers. Local Council (LC) officials in the project

area also emphasized the need for the Contractor to recruit unskilled labor from the communities

along the transmission line routing. Communities expressed concern that project implementers

import even unskilled labor, which the locals could provide).

Members of the communities expressed uncertainty whether they should stop making developments

in their land since the project is taking the land. Members were informed that during the RAP

implementation, all identified affected property will be counted in their presence and valuations

disclosed to the affected households. After agreeing on this information with a number to a property,

PAPs will be given a letter of notification indicating that any development after that date will not be

considered for compensation. The date a person gets the notification will be the cut-off date and for

this RAP the cut – off-dates are 18th February 2008 for the original line route and 30th October 2010 for the diversion. However, the developer will take the necessary care to ensure that the

names of persons omitted during the field survey are included and undervalued assets are re-valued

accordingly.

Community members expressed fear of their property being taken against their terms. Members

were informed that whatever payment they get will be determined according to the provisions of the

law. If they are not happy with the payments, they can raise the matter with the project developer,

which in this case is UETCL. Where they fail to reach mutual agreement with UETCL, they can go to

the village grievance committee specifically set up to handle differences of opinion. To ensure

transparency, the village committee will comprise of representatives of the project affected persons,

Local Council officials of the village, and opinion leaders in the village. It was recommended that a

local NGO/CBO would be incorporated as an independent third party, to advise the developer on the

best ways to resolve the compensation grievances. The third party is essential in conflict resolution

because both sides of the conflict may not respect the decisions taken by the developer or

grievances from the persons affected by the project.

In case disagreements cannot be resolved at the village committee level, the aggrieved party can

resort to the existing legal redress mechanism of Land Tribunal (for matters involving land) or a

competent court of law. Uganda courts of law will be used as a last resort. Emphasis was put on

resolving conflicts amicably since the project is for the common good of the people of Uganda. The


district leadership was requested to identify legitimate non government organization that will be

invited to take up that task of independent third party.

The community discussions and stakeholder interviews showed that the community along the

transmission line corridor will support the project if the compensation exercise is implemented in a

professional and fair manner. The community and the key stakeholders have expressed support for

the project since they see it as a way of enhancing electricity reliability in the region in order to

promote development as well as employment creation for themselves or their children during

construction after because reliable electricity will attract investors.

Notwithstanding the anticipated benefits, the project will lead to negative social and economic

impacts. It is recommended that the developer implements all the mitigation measures suggested in

the RAP report. To ensure that the project is managed effectively and efficiently, UETCL should

make the necessary budgetary provisions to ensure that mitigation commitments in the RAP as well

as in the RAP and monitoring programs stated herein are effectively implemented.

Grievance Redress

The grievance redress procedure aims at settling/redressing any grievance or complaint by the PAPs

as promptly and fairly in a manner acceptable to all parties concerned. Grievances are useful

indicators of a project performance therefore have to be treated with the due care they deserve. A

high number of grievances may be an indicator of poor work practices. Likewise, a low number of

grievances may not necessarily mean everything is working out smoothly.

This team has proposed a three-stage grievances redress mechanism consisting of Village

Grievance Committees, Land Tribunals and Courts of Law to resolve disputes and complaints

arising from the implementation of the project. To implement this 3-stage mechanism, a

Resettlement Unit and Village Grievance Committees should be set up to coordinate the

implementation of the RAP. The resettlement unit shall be responsible for the formation of village

grievance committees where most of the complaints are handled. The resettlement unit shall be

comprised of five officers and headed by a Resettlement Coordinator. At least two members of

the unit should be women to take care of issues specific to women PAPs. The persons recruited to

this unit must be technical in the field of RAP implementation. This unit shall be answerable to the

Projects Manager at UETCL.

Independent Monitor for Grievance Redress

The main purpose of the independent monitoring is to assess the effectiveness of preventive and

mitigation measures taken for the social impacts that might arise during the construction,

implementation of resettlement. Independent monitoring will cover all the resettlement process


(including expropriation, resettlement and grievance redress) and will be done by an independent

third party, comprising of experts from an NGO, a consultant or an academic institution, will carry out

external monitoring.

For effective implementation of the RAP, independent monitoring of the grievance redress

mechanism will be conducted twice a year. The first monitoring activity will be conducted in the scope

of general independent external monitoring for the resettlement process, while the second monitoring

will only cover the grievance and redress monitoring for the grievance process and solutions related

to the grievances. The determination of the expropriation values is the main cause of grievances

during the expropriation process, so monitoring of provision of expropriation compensations at

replacement values will be carried out by independent third parties in the scope of external

monitoring as well.

Monitoring and Evaluation Framework

Monitoring and evaluation of construction, expropriation, resettlement activities and socio-economic

status after resettlement will be carried out for at least 5 years; 3 years RAP implementation and 2

years after completion of resettlement.

Monitoring and evaluation of the implementation of the RAP will be undertaken by an external

agency that will report to UETCL Monitoring and evaluation studies shall be done in three ways;

Performance (Internal) Monitoring

Impact (External) Monitoring

Completion of Implementation Report

For internal monitoring, UETCL shall take full responsibility for conducting regular internal monitoring

of the land acquisition, resettlement and compensation process. External monitoring will be

undertaken by an independent body appointed by Ministry of Energy and Mineral Development

(MEMD) in collaboration with authorities in the districts through which the line passes shall

participate.

Performance monitoring will be carried out by UETCL to evaluate its own efficiency as well as that of

other institutions involved in the resettlement process. During the implementation of the

resettlement plan, internal monitoring should be done at regular intervals, for example every 4

weeks. Post resettlement monitoring should also be undertaken frequently, say every three months.

Performance monitoring will focus on measuring progress against the schedule of actions defined in

the RAP. In performance monitoring, status of the activities, funds appropriated for these activities,

related payments and timing of activities are important considerations. Suggested indicators are

found in section 11.


1 INTRODUCTION

1.1 Project Background

The Uganda Electricity Transmission Company Limited (UETCL) proposes to construct 134 Km of a

220 kV transmission line from Kawanda to Masaka to evacuate power from Bujagali and other

proposed hydropower stations on the Nile to central Uganda as well as serve as a high voltage

backbone to the proposed regional interconnection network between Uganda, Tanzania, Rwanda,

and DR Congo. The project will be financed by the IDA under the Electricity Sector Development

Project (ESDP). The proposed transmission line will transmit power from Kawanda 220/132/33kV

substation to Masaka West substation from which the load centers of Masaka, Mbarara shall be

supplied with power.

Overall, the proposed construction of the transmission lines will be associated with:

Consultancy Services for Detailed Line Route Survey, Line Profiling, Geological Survey, Tower

Spotting, Designs and Supervision of Works during construction.

Construction of a new 220kV double circuit steel tower transmission line (135km) from the

proposed new 220/132 Kawanda substation (to be operated initially at 132kV) to the new

Masaka west 220kV substation.

Extension and construction of Masaka West 220kV Substation

Construction of 2X 220kV feeder line bays at the new Kawanda Substation ( to be initially

operated at 132kV)

Construction of 2X220 kV feeder line bays Masaka West Substation ( to be initially operated at

132kV)

Installation of 2X125MVA, 220/132/33kV Auto transformers at the existing Masaka West

220/132kV Substation.

Two 220kV and two 132kV transformer bays




In addition, the project will invest in a community support program to help the communities around

both the stations of Kawanda and Masaka and along the t-line reap benefits from the investment. At

the same time MEMD will be fulfilling its social responsibility to Ugandans in this location. Community

support activities include among others street lighting and lighting of markets. A separate

resettlement policy framework has been prepared and disclosed to cater for land needs in the

program if and when they arise.


1.2 Project Objectives

The overall development objective of the main proposed project and its associated community

development program is to improve the availability and reliability of electricity supply in the central

and southwest regions of Uganda. The specific project objectives include:

Provision of adequate transmission capacity to supply the south western and Western

region of Uganda

Provision of adequate transmission capacity for implementation of rural electrification

Improvement of quality and reliability of power supply to the south western and Western

Uganda

It is envisaged that this project will trigger O.P.4.12 Involuntary resettlement and hence a

Resettlement Action Plan for the Kawanda Masaka t-line has been prepared. Further it is necessary

that a resettlement policy framework is prepared for the community support program as some

activities may require the taking of land and assets thereon. Further, this is also because the scope

and details of the specific community support program activities are not known and therefore an RPF

has to be prepared and disclosed prior to Appraisal of the project.

1.3 Project Description

The Project is 137 Km of a 220kV power line running from the existing Kawanda substation, 10 miles

North of Kampala, to Masaka West substation. This line will transmit power generated from Bujagali

and Karuma Hydro power Projects to the load centers of Masaka, areas of Western Uganda,

Northern Tanzania and Rwanda in line with the East African Power Master Plan. It is aimed at

reinforcing the capacity of Western transmission line to cater for the increasing demand of electricity

in the districts of Wakiso, Mpigi & Masaka as well as provide backbone transmission of electricity

within the East African region. The Government of Uganda has recently requested World Bank (IDA)

to finance the project under the Energy Sector Development Project. The old feasibility, RAP, and

RAP documents were handed over to the IDA for review. The Bank reviewed the documents and

provided comments to guide the update of the documents to meet the IDA requirements.

In the recent past IDA recommended that the 34 km Kawanda-Mpigi section of the transmission line

corridor should be redesigned to traverse areas that are less encumbered by settlements. UETCL

considered and implemented the recommendation and this helped greatly reduce on the number of

project affected persons and the assets to be lost.

Initially, UETCL contracted African Technologies Limited (AFRITECH) to develop A Resettlement

Action Plan (RAP) for the people likely to be affected by the proposed line. The RAP was to identify

Project Affected Persons (PAPs) and their property, assess the property for compensation, cases for


resettlement, and develop guidelines for RAP implementation and monitoring arrangements.

Although this had been completed in 2008, implementation was not undertaken. Therefore it was

very important that an update of the studies and the plan be carried out. It was therefore on this

basis that UETCL contracted SMEC International to review and update the RAP of the entire

proposed 137km 220kV transmission line and incorporate data from the 34km diversion.

1.4 Objective of the Resettlement Review and Update

I. Update and outline the current cost for land requirements for the works, including

compensation for crops, buildings and other developments within the area of direct

influence,

II. Review and update any resettlement requirements for cases involving physical

displacement and/or areas that need to be avoided due to congestion of human

settlements or other sensitivities.

1.5 Scope Of Work

The Preparation of the review and update the RAP was aimed at ensuring that the losses to be

incurred by PAPs are addressed in order for them to share project benefits. The review team

mainly concentrated on the PAPs from the diversion of 34Km and those that was proposed by

IDA with the aim of minimizing the project impact on structures and community infrastructure as

earlier observed in the previous RAP undertaken by African Technologies Ltd (AFRITEC) in 2008.

Therefore this report has utilized both the census data from the previous report by AFRITEC and

included fresh data from the diversions and PAPs that were not included in the original report. In

developing the RAP, the consultant has taken into consideration peculiarities of needs for women,

children and the vulnerable groups.

1.6 Guiding Principles

UETCL, the principle implementing agency has been guided by a number of principles that

ensure this RAP compliance with international best practice as regards resettlement. Hence the

company shall bind itself to the following guiding principles:

Principle 1: Resettlement must be Avoided or Minimized

Action: To comply with the principle, UETCL has shown that the line routes have been

designed to cause the least possible displacement and/or disruption hence the 34Km diversion

is in order to avoid the heavily settled in areas of Nansana and Bulenga.

Principle 2: Genuine Consultation must take place


Action: Given its focus on resettlement, the primary concern is to uphold the rights and

interests of the PAPs. For this to take place, mechanisms have been put in place to ensure

that their voices are heard and such include the formation of local level consultative forum.

These structures have been coordinated at the community level by the UETCL personnel

and several consulting teams that have been contracted to update and review the RAP.

Principle 3: Establishment of a Pre-resettlement Baseline Data

Action: To support the successful re-establishment of affected property, the following

activities have been undertaken prior to displacement.

An inventory of landholdings and immovable/non-retrievable improvements (buildings and

structures) to determine fair and reasonable levels of compensation or mitigation.

A census detailing household composition and demography, and other relevant socio-

economic characteristics.

The asset inventories were used to determine and negotiate entitlements, while the census

information is required to monitor homestead reestablishment. The information obtained from

the inventories and census was entered into a database to facilitate resettlement planning,

implementation and monitoring.

Principle 4: Assistance in Relocation must be made available

Action: UETCL will guarantee the provision of any necessary compensation for the people whose

land will be disturbed to make way for the transmission line or any other disturbances of productive

land associated with the project in proportion to their loss.

Principle 5: A fair and Equitable set of Compensation

Action: considering that this process has been highly consultative, the PAPs have

discussed with staff on the field the different compensation options that are available and

the framework that has been used in this RAP concludes that compensation will be paid

for structures, land and trees that are affected according to set rates derived from current

market value comparables.

Principle 6: Resettlement must take place as a development that ensures that PAPs benefit

Action: Where practical the employment and sub-contracting opportunities that arise from

the project will be made available to the affected population.


Principle 7: Vulnerable social groups must be specifically catered for

Action: Members of vulnerable groups are often not able to make their voice heard

effectively; an account will be taken of this in the consultation and planning processes, as well

as in establishing grievance procedures. They are often physically weaker, and may need

special help in the relocation/disturbance phase. In particular, female-headed households may

lose out to more powerful households when assets will be demolished to make way for the

transmission line. This will entail UETCL ensuring that the pre- resettlement database

specifically identifies vulnerable social groups and makes provision for them to be included in

consultative forum. UETCL must further ensure that they are given the necessary protection to

ensure that they receive equitable access to replacement resources. In addition, UETCL will

make specific reference to vulnerable social groups being paid particular attention in the

monitoring process. Vulnerable groups will include those with minimal assets, the illiterate, and

the aged (those PAPs of more than 60 years).

Principle 8: Resettlement must be seen as an upfront project cost

Action: Experience across the world shows that unless resettlement is built in as an

upfront project cost, it tends to be under budgeted, that money gets whittled away from the

resettlement budget to ‘more pressing’ project needs, and that it tends to be seen as

peripheral to the overall project. UETCL will ensure that compensation costs, as well as

those resettlement costs that fall within their scope of commitment, are built into the overall

project budget as up-front costs.

Principle 9: An independent monitoring and grievance procedure must be in place

Action: In addition to internal monitoring that will be provided by UETCL an independent team

comprising local administration and the locals will undertake monitoring of the resettlement aspect of

the project. Grievance procedures will be organized in such a way that they are accessible to all

affected parties; with particular concern for the situation of the vulnerable groups. Monitoring will

specifically take place via measurement against the pre-resettlement database.

Principle 10: World Bank’s safeguard Policy on involuntary resettlement

Action: The World Bank’s safeguard policy 4.12 on involuntary resettlement will be adhered

to. It requires that involuntary resettlement be avoided where feasible, or minimized,

exploring all viable alternative project designs. Where it is not feasible to avoid

resettlement, resettlement activities should be conceived and executed as sustainable

development programs, providing sufficient investment resources to enable the persons

displaced by the project to share in project benefits. Displaced persons should be


meaningfully consulted and should have opportunities to participate in planning and

implementing resettlement programs. They should also be assisted in their efforts to

improve their livelihoods and standards of living or at least to restore them, in real terms, to

pre-displacement levels or to levels prevailing prior to the beginning of the project

implementation, whichever is higher. UETCL shall adhere to their standards.

1.7 Approach and Methodology

This document outlines the key aspects of the project and the plan to compensate and resettle

people, entities and households affected by the proposed project as it was documented in 2008 and

further highlights the changes that have taken place leading to the decision to update the Plan. The

plan further presents the current scenario based on the recently optimised route and as well outlines

the current plans to properly compensate and resettle the affected households/persons/entities in

line with the national laws as well as the financier’s policies.

In order to minimize resettlement as much as possible, the verification team from UETCL proposed

the diversion route and identified the gaps in the previous RAP. It is therefore on this basis that

UETCL contracted SMEC International to update and review the RAP report earlier on prepared by

AFRITEC U LTD. The review team from SMEC International used the following methods to

accomplish the work.

1.7.1 Socio-Economic Survey and Consultations

The Consultant applied a variety of methodologies to ensure that impact and

compensation assessments are based on current and verifiable socio-economic and

demographic information. Brief descriptions of the methodologies applied by the consultant are:

1. Rapid Techniques: Being used to identify the PAPS along the proposed line, intensity of

impact, and sites of cultural significance.

2. Socio-Economic Survey: comprising detailed census/inventories with affected

households as well as formal and semi-formal discussions with sample focus groups. The

consultant also developed a comprehensive questionnaire for data collection.

The questionnaire captured the following information: (appendix 8)

a. Household Bio data (Demographic information)

b. Livelihoods

c. Infrastructure inventories including land, common properties and social

services infrastructure


3. Public Consultation: was undertaken as part of participatory approach at the following

places: Nakyesanja, Kawanda, Nkokonjeru, Bukasa A, Bukasa Bunyiga, Kigoma, Kawoko,

Bukasa Bukulu, Serugoye, Senge, Kayunga, Gombe, Buyala Nazili, Kawomya, Katooma,

Nsunjumpolwe, Namutuya, Galatiya, Kagaba, Mabuye, Kiwamirembe, Lubanda, Nabusanke,

Kyambizi and Kavule in the 34km diversion. Update on previous date was done in: Bukooza,

Jandira, Mbizinya, Kanaani Bongole, Kabuye Ntayi, Nabuzi, Bwamulamira, Kiswa A, Bubule

villages and Buwama B with the Clan representative of the Kkobe clan whose ancestral ground

is in the ROW of the line.

Left: Consultative meeting with Ngonge Clan members whose cemetery is in the ROW. Right:

Details of the Vulnerable PAPs (Aged) at Mbizinya being taken by UETCL staff.

Key issues that have emerged through the above processes include:

Employment – community desire and demand for a high level of employment, coupled with

fear that the limited local skills base will result in exclusion.

Compensation - adequacy of the cash compensation.

Resettlement – impacts and compensation measures for economic and physical

displacement.

Livelihoods – loss of access to water points, schools, crop land and pasture.

Rural electrification – the community desire electricity as form of benefit to the project.

In addition to the community meetings, the Consultant distributed brochures in both English

and Luganda to chairpersons/PAPs of the various villages through which the transmission line

passes. The brochures outlined the project background information, project activities, and

teams for assignment, compensation and responsibilities of the PAPs. (Appendix 1)

Other methods used in the review work included; desk review, focus group discussion, key

informant interviews with several stakeholders, photography and field observations.


1.7.2 The Land Survey

As per planning scheme of the transmission line, land survey is carried out by the surveyor to

ascertain the level of encroachment and determination of the t-line right of way and way

leaves. Marking and numbering of all structures within the RoW (yellow colour) and way

leaves (white colour) is done. The surveyor together with the valuer undertook the

inspection/referencing of all affected properties to collect basic data for compensation

assessment. In addition, the affected property owners were requested to furnish the consultant

with any relevant documents relating to their interest in the properties.

1.7.3 Census and Valuation Methodology

In the presence of the LC I Chairperson or representative, the Valuer carefully counted all

crops and trees, measured buildings/structures while the owner/affected person verified the

count. A “Compensation Assessment Form” was filled to record properties affected. The LC I

Chairperson, property owner and Valuer verified the contents and signed the form. The

Chairperson signed as witness to the count. The affected person retained a copy and the

Valuer kept the original.

Calculation to determine the amount for compensation for crops, trees, and structures was

done using the approved district compensation rates for the districts through which the line

passes. The rates for Kampala District were used for this project firstly because Mpigi and

Masaka did not have District rates. Secondly these rates are generally higher affording PAPs

a ‘fair’ compensation.

1.7.4 Basis of Valuation

The appraisal exercise was based on the Open Market Value which is defined as the best

price at which the sale of an interest in a property might reasonably be expected to have been

completed unconditionally for cash consideration on the valuation, which was done in 2008.

These values will be reviewed by the Chief Government Valuer before payment. A willing

seller and a willing purchaser capable of purchasing a particular property in a predetermined

location or condition at a particular point of time were agreed upon;

That prior to the date of valuation there had been a reasonable period (having regard to the

nature of the property and the state of the market) for the agreement of price and for

completion of terms;

That the values will remain static during that period;

That the property will be freely exposed to the open market; and

That no account will be taken of any higher price that might be paid by a purchaser with

special interest.


The open market value of the property is arrived at by the under listed methods based on the

purpose of valuation, the availability of basic data for the valuation.

1.7.5 Method of Valuation

In appraising properties affected by the road project, a combination of the replacement Cost

and the Direct Capital Comparative Methods were used in arriving at the open market capital

value of the building and land respectively. The two methods have been briefly described

below.

1.7.5.1 Replacement Cost Method The Replacement Cost method, which is used in estimating the value of the building/structure,

is based on the assumption that the capital value of an existing development can be equated to

the cost of reinstating the development on the same plot at the current labour, material and

other incidental costs. The estimated value represents the cost of property as if new.

1.7.5.2 Direct Comparative Method The value of bare land is determined by the comparison of market evidence of recent sale of

plots in the vicinity or similar neighborhood. Comparable date are collected and analyzed to

determine the unit rate per acre taking into consideration, statutory use, alternative use and

size of plot, nature and the terms of interest.

Proximity of the land to utility services, peculiar advantages of location, the trends of

redevelopment and construction are put into consideration. The appropriate adjustments are

made to reflect the differences between the comparable data and the subject land (affected

land) and the appropriate rate adopted for the assessment of the current open market value of

the subject land (affected land).

1.7.5.3 Disturbance and Other Incidental Contingencies The project has impacted on the entire/part of properties to make room for the transmission line

route. Depending on the extent to which a property is affected, the occupant will have to

resettle elsewhere, construct another building on the remaining portion of land or look for

alternative accommodation. The affected persons require the services of professionals which

they pay for.

Based upon the level of inconvenience these are quantified and expressed as percentage of

the total reinstatement cost of the property. The summation of the above estimated values of

the building/structure, land and the disturbances, gives the adequate and fair amount of

compensation payable to the affected person.


1.7.6 Methods of Restitution

Owners of permanent structures whose properties are affected by the project are protected by

law and would receive adequate compensation for their properties. The State Lands Act gives

them adequate legal coverage, which guarantees them compensation, which must be based on

mutual agreement. If the property owner is not satisfied with the Government offer he/she has

the option of employing a private valuer of his/her choice to reassess the property and submit

same to the CGV for consideration and final determination of the value of the property. The

determined figure by the CGV is then communicated to UETCL for payment to the

beneficiaries.

In situations where the beneficiary is still not satisfied with the amount of compensation payable

to him, he is at liberty to seek redress at the courts. However, the property cannot be

demolished until the issue is resolved.

Temporary structures that need to relocate will be paid a supplemental assistance that will

enable them move their structure, reconnect power if they need it, pay their District License fee

and have some income while their business gets back on its feet.

1.8 Report Details

The document is structured in two volumes; Volume 1: (Main Report) and Volume 2 including a survey

and valuation report. Volume 1 is a presentation of the he updated Baseline data relating to the socio-

economic set up of the area, the physical characteristics of the area as well as the numbers of

households affected both physically and economically. This volume has specific sections for proposed

mitigation measures, cost implications for such as well as monitoring and evaluation plans and is

comparative in nature as it attempts to present the 2008 and current scenario Volume 2 includes the

Strip Maps and compensation costing for the individual developments and land. This also includes the

master list of all affected households/persons/entities but summarily presents a comparative table to

highlight the scenario of 2008 and the current one for 2010.


2 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

This Chapter provides analysis of the policy, legal and institutional framework within which the

proposed 220kV Kawanda-Masaka 137km line is expected to operate. The main issue in land

acquisition, resettlement implementation and management is presence of an appropriate legal, policy

& institutional framework to cater for (i) land acquisition, (ii) compensation, (iii) relocation, (iv) income

restoration and (v) livelihoods restoration programs. This report summarizes the relevant policy,

legal, institutional and administrative frameworks required during the implementation of the project.

2.1 Policy Framework

Government and donor policies are crucial in successful implementation of projects that lead to

property acquisition, destruction and displacement of people. For this project, policies outlined below

are relevant to the proposed project.

2.1.1 Government Policies

The Government of Uganda (GoU) has no specific policy on resettlement and compensation but

recognizes the right of persons to own property and be compensated for loss of property. The

right to own property and be compensated for loss is derived from various sections of the 1995

Constitution, Local Government Act 1997 and Land Act 1998. Furthermore, the GoU recognizes

the World Bank Operation Safeguard Policy OP 4.12 (2001) on involuntary resettlement.

Several efforts have been made towards formulation of resettlement and compensation policy.

The Office of the Prime Minister carried out a study in 1995 entitled “Resettlement Policy and

Institutional Capacity for resettlement planning in Uganda” this study reviewed resettlement

experience and resettlement activities in the country, Institutional capacities and legal

framework. The study made recommendation for a national policy, the key elements of which

are:

Avoid and minimize resettlement to the extent possible

Resettlement and rehabilitation plans to be conceived and executed as specific development

programs;

Resettlement and rehabilitation should improve the living standards of people displaced;

Prompt compensation for losses at replacement cost and allowance for disturbance; cost of

rehabilitation to be provided;

Absence of legal title should not be grounds for denying any group compensation and

rehabilitation;


Resettlement plans to be submitted for independent review for each project with a

resettlement component beyond 30 affected households or 30 properties;

An independent Commissioner of Resettlement Plan Review to ensure resettlement and

rehabilitation is well planned and that plans are followed;

Affected persons to have effective access to grievance procedures;

Vulnerable groups to be identified and their special circumstances to be taken into account;

In rural areas replacement of land for land should be the preferred option; in urban areas

cash compensation to be an option; and

In development and conservation projects there should be no forced eviction without

alternatives.

Other issues in the guidelines include:

Distances between location of origin and destination should be minimized where possible;

Communities should be relocated as communities;

Communities should be provided with infrastructure and services;

Host communities should benefit from the introduction of resettlers;

Active participation to be arranged for people resettled and host in the planning process;

All resettlement costs to be identified and included in the project cost;

All funding sources to be identified;

Environmental effects of resettlement schemes to be identified;

All land based resettlement proposals to be examined for feasibility;

All cash based resettlement proposals to be examined for adequacy;

Resettlement planning to take place within the context of national and district plans and

procedures;

Implementation schedules to be prepared for individual components of resettlement and

rehabilitation plan;

Resettlement plans to include provision for monitoring and evaluation of implementation;

Existing conditions at place of origin of destination to be fully surveyed and identified,

including population census;

Eligibility criteria should be established for all classes of affected persons;

Multi-disciplinary approach to be applied to resettlement planning;


Counseling of the affected population to be commended during the planning phase.

The draft policy is in the process of being passed into a policy document.

2.1.2 The World Bank Safeguard Policies

The World Bank funds most development projects in developing countries, Uganda inclusive.

Most development partners require either the World Bank (WB) or African Development Bank

(AfDB) guidelines as a basis for funding development projects. Therefore, the 137Km 220kV

Kawanda-Masaka power line addresses the WB policies on Involuntary Resettlement. The

following World Bank safeguard policies and procedures are relevant to the 220kV Kawanda-

Masaka power line.

2.1.3 World Bank Safeguard Policies

OP4.12 Involuntary Resettlement is the safeguard policy that provides basis on which the

World Bank screens proposed projects to determine the appropriate extent and type of RAP to

be prepared and implemented.

O.P. 4.12 Involuntary ResettlementThis project triggers this policy due to land take and land use change impacts. OP 4.12 is

triggered because the construction of the T-line implies acquisition of land and therefore the

PAPs will lose both social and economic assets. The Policy describes the details and elements

that a resettlement plan should include. These include objectives, potential impacts, socio

economic studies, legal and institutional framework, eligibility, valuation and compensation of

losses, resettlement measures, relocation planning, community participation, and grievance

redress procedures, implementation schedule, costs and budgets, and monitoring and

evaluation. This report conforms to the WB policy requirement on contents and structure.

Elaborated below are sections relevant to the 220kV Kawanda-Masaka power line.

WB OP 4.12.(6a) requires institution of measures to ensure that displaced persons are (i)

informed about their options and rights, (ii) consulted on, offered choices and provided with

technically and economically feasible resettlement alternatives, and (iii) provided prompt and

effective compensation at full replacement costs. The main objective is to ensure livelihood

restoration to pre-project level or at most improvement of the same. This RAP report outlines the

processes that have been followed to ensure PAPs are adequately compensated and resettled.

WB OP 4.12 (8) requires that particular attention be paid to the needs of vulnerable groups

among those displaced such as those below the poverty line, landless, elderly; women and

children and indigenous peoples and ethnic minorities. Special attention has been given to the


vulnerable group by the client who has specifically assigned an officer to deal with issues

concerning them by identifying and counseling through home visits.

WB.OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host

communities receiving them should be provided with timely and relevant information, consulted

on resettlement options and offered opportunities to participate in planning, implementing and

monitoring resettlement. Already sites for resettlement in Kanaani, Lukaya, Kyelusowe and

Bajja A in Masaka district have been identified and the necessary studies are taking place.

WB OP 4.12 (12a) states that payment of cash compensation for lost assets may be appropriate

where livelihoods are land-based but the land taken for the project is a small fraction (less than

20%) of the affected asset and the residual is economically viable. Otherwise land replacement

is the best and appropriate option.

WB OP 4.12 Para (6 b & c) state that in case of physical relocation, displaced persons are

provided with;

assistance (such as moving allowances) during relocation; and

residential housing, or housing sites, or as required, agricultural sites for which a

combination of productive potential, location advantage, and other factors are equivalent to

the advantages of the old site

support after displacement, for a transition period, based on a reasonable estimate of the

time likely to be needed to restore their livelihood and standards of living

Development assistance in addition to compensation measures such as land preparation,

credit facilities, training, or job opportunities.

This report has recommended that the above measures be followed in the implementation

of the project.

WB OP 4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are

established to sort out any issues arising. The client is in the process of setting up village

committees who will handle grievances.

The WB OP 4.12 Para 15 (a, b, & c) categorizes those eligible for resettlement in three groups,

namely;


those who have formal legal rights to land (including customary and traditional rights

recognized under the laws of the country)

those who do not have formal legal rights to land at the time the census begins but have a

claim to such land or assets, provided that such claims are recognized under the laws of the

country or become recognized through a process identified in the resettlement plan

those who have no recognizable legal right or claim to the land they are occupying

WB OP 4.12 Para 16 states that persons who encroach on the area after the cut-off date are not

entitled to compensation or any other form of resettlement assistance.

These provisions will be relevant in mitigating adverse socio-economic impacts including the

taking of land and the assets on it, associated with 220kV Kawanda-Masaka power line project.

2.2 The Ugandan Legal Frame Work

There are a number of legislative and regulatory instruments in Uganda that address land acquisition

and settlement both general and specific terms. Among these is the 1995 Constitution of the

Republic of Uganda and a number of Acts. The Acts and Regulations of particular relevance to the

proposed 220kV Kawanda-Masaka power line are;

The constitution of the Republic of Uganda, 1995

The Land Act, 1998

The Electricity Act, 1999

The Historical and Monuments Act, 1967

The Water Act, Cap 152

The Road Act 1965 (defines the right of way)

Other regulations that deem consideration, depending on the particular project and project location

include;

Worker’s Compensation Act

2.2.1 The Constitution of the Republic of Uganda, 1995

The 1995 Constitution provides for:

matters pertaining to management of land, natural resources and the environment, and the

sustainable development thereof (Objective XXVII), including energy resources;

The right of every Ugandan to fair and adequate compensation in instances of the

compulsory acquisition of land.


2.2.2 The Electricity Act, Cap 145

The Electricity Act 1999 established the Electricity Regulatory Authority (ERA), as a statutory

body mandated to regulate all aspects of the electricity industry in Uganda. Section 10 of the

Electricity Act, 1999, clearly defines ERA’s mandate as regulator and comprises 19 specific

functions.

Furthermore, Section 68 of the Electricity Act, 1999 outlines procedures and conduct of licensee

during placement and maintenance of any electricity supply lines in, over or upon any land.

Subsection (3) requires the licensee to make as little damage as possible to land and to the

environment and should ensure prompt payment of fair and adequate compensation to all

interested persons for any damage or loss sustained by the placement and maintenance of any

electricity supply lines in, over or upon any land. The Electricity Act, 1999 gives adequate

guidelines for the conduct of a licensee and recognizes the need to make good any damage and

notice to those who may be affected by the project activities. The RAP adequately covers these

provisions.

2.2.3 The Land Act Cap 227

The Land Act, Cap 227 provides that the Government or the local government shall hold land in

trust for the people and protect natural lakes, ground water, natural streams, wetlands and any

other land reserved for ecological purposes for the common good of the citizens of Uganda.

A local government may, upon request to the government, be allowed, to hold land in trust for the

people and the common good of the citizens of Uganda.

Section 40 (1) points out issues to be addressed during acquisition of land. It spells out that, no

person shall:

sell, exchange, transfer, pledge, mortgage or lease any land;

enter into any contract for the sale, exchange, transfer, pledging, mortgage or lease of any

land; and give away any land, or enter into any other transaction in respect

land on which the person ordinarily resides with his or her spouse, and from which they

derive their sustenance, except with the prior written consent of the spouse;

land on which a person ordinarily resides with his or her dependent children of majority age,

except with the prior written consent of the dependent children of majority age;

land on which a person ordinarily resides with his or the children below the age of the

majority, except with the prior written consent of the Committee; and


Land on which ordinarily reside orphans below majority age with interest in inheritance of the

land, except with the prior written consent of the Committee.

Sections 43, 44 and 45(1) and (2) of the Land Act (1998), provides that national or local

government may acquire land in accordance with the provisions of Article 26 and clause (2) of

Article 237 of the Constitution of the Republic of Uganda.

Enforcement of the Land Act guidelines is through the Land Regulations (2001). The Regulations

give details on matters such as application for Certification of Occupancy, converting leasehold

into freehold system, formation of Community Land Associations, procedures for paying annual

ground rent.

The relevant provisions of this act are very crucial under the proposed 220kV Kawanda-Masaka

power line because, several individuals are likely to be displaced and/or inconvenienced during

the construction and operation of the project. Furthermore, amongst these communities are

women and children whose rights to family land have to be protected. The mitigation measures in

the EMP adequately cover possible impacts.

2.2.4 The Roads Act 1965

The 1965 Roads Act defines the Right of Way for a road as the area of no more than 50 feet from

the center line of the road. This area is declared as the road reserve. The Act also states that no

person may build any structure, or plant any tree, plant or crop in the road reserve. The road

authorities are allowed to take materials and/or dig within the road for the construction and

maintenance of the road.

2.2.5 The Historical and Monument Act, 1967

The existing law relating to archaeological sites in Uganda is the Historical and Monuments Act,

1967, which the Commissioner for Antiquities and Museums has currently placed under review.

The Act provides for the preservation and protection of historical monuments and objects of

archaeological, paleontological, ethnographical, and traditional interest. Under this Act, the

minister responsible may cause any of the aforesaid objects to be declared as preserved objects.

The Act prohibits any person from carrying out activities on or in relation to any object declared to

be preserved or protected. Section 10 of this Act spells out the procedures and requirement to

declare and inspect newly discovered sites that may have archaeological, paleontological,

ethnographical, historical and traditional significance for purposes of protection.


Whereas there were no sites of archaeological, paleontological, ethnographical, historical and

traditional significance identified in the power line corridor, chance findings may be encountered.

Moreover, along the proposed route corridor there exist graves, which are revered traditional

sites. The developer is urged to exercise due diligence where historical property is discovered in

any way during construction of the 220kV Kawanda-Masaka power line and other related

activities

2.2.6 Employment Act 2006 and Other Related Acts

The Employment Act 2006 shall be the governing legal statutory instrument for the recruitment,

contracting, deployment, remuneration, management and compensation of workers. The premise

of Employment Act 2006 is the provisions of Article 40 of The Constitution of Uganda. The Act

mandates Labor Officers to inspect regularly the working conditions of workers to ascertain that

the rights of workers and basic provisions are provided and workers’ welfare is attended to. The

Act also provides for the freedom of association of workers permitting workers to join labor

organizations. This provision is also supported by the Labour Unions Act 7, 2006, which provides

elaborate guideline and regulation for membership.

Other laws related to workers’ safety, social security and protection worth noting include:

the Labour disputes (Arbitration and settlement) Act, 2006

the Workers’ Compensation Act, Cap 225

the National Social Security Act Cap 222, and

The Labour Unions’ Act, 2005.

2.3 Gap Analysis

In order to ensure that the RAP for the proposed 220kV Kawanda-Masaka power line meets the

environmental and social policies and the World Bank Policy on Involuntary resettlement, gap

analysis was carried out on the relevant Ugandan and development partner policies, legislations and

guidelines.

Under the Ugandan laws the affected persons are monetarily compensated, and that the affected

persons are only eligible for compensation if they have legally recognized rights to the subject land,

but the World Bank requires that all affected persons should be compensated, regardless of their

occupancy status. WB policy provides for alternative land where compensation on land for land

basis, compensation in kind and goes beyond monetary compensation by specifying that income

must be restored at full replacement cost. In addition, both annual and perennial crops must be


compensated for in cash at an established rate, or annual crops may be given time to mature and be

harvested.

Table 1 below gives a comparison of relevant Ugandan policies and regulations with those of The

World Bank and how the gaps have been addressed in this RAP. Since these requirements stipulate

adoption of the more beneficial measures for the PAPs, strategies that the developer (UETCL) will

use to make the project meet these needs have been included.

The World Bank Group requirements are more favorable to PAPs than the Ugandan Laws. Where

there is discrepancy, the World Bank requirements will take precedence. To bridge the gap, uplift

will be used to make compensation comply with the World Bank requirements.


Type of Asset Lost Ugandan Laws WBG Requirements Mitigation

Land – Owners Cash compensation based on market value of unimproved land plus 15% disturbance allowance

Compensation at replacement cost but land for land strongly recommended for land based activities of the PAPs

A number of compensation options have been adopted in this project, for those PAPs that are vulnerable, the land for land and cash compensation alternatives have been chosen.

Land – Tenants Compensation is based on the amount of rights held

Must be compensated whatever the recognition of occupancy

This In preparing this RAP and while utilizing guidelines on the options for transmission ROW the team tried as much as possible to avoid resettlement or minimize displacement of people e.g. citing and routing of Program activities will try to avoid land held by illegal tenants. Otherwise compensation for its use and not ownership will be followed

Land - Sharecroppers Not entitled to compensation for land but only crops

No specific provision to land compensation but income must be restored

Agricultural Production can continue on plot and the vertical clearance of 7.5 meters maintained

Non-permanent Buildings

Owners compensated based on District Rates plus 15% disturbance allowance

Owners compensated at full replacement cost including labor and transaction costs but in-kind strongly recommended. Resettlement assistance in lieu of compensation for land to help restore or improve their livelihoods may be used.

Permanent Buildings Valued at depreciated market value plus 15% disturbance allowance

Valued at full replacement cost including labor and transaction costs

Based on preference of project affected household

Perennial crops Compensated based on District Rates plus 15% disturbance allowance

Transition period dependent on crop type and expected yields over time to be taken into consideration

Cash compensation,

Annual Crops No compensation but six months notice given to allow for harvest

Cash compensation Or allowed to harvest- i.e given ample notice.

Vertical clearance of 7.5 meters maintained. Cash compensation where necessary

Business Income

No compensation but six month notice given to re-establish businesses

Establish access to similar opportunities and compensate for lost income

Income lost will be compensated in terms of disturbance allowance.

Table 1: Comparison of relevant Ugandan policies and regulations with those of The World Bank


2.4 Institutional Framework

The major issue in land acquisition and resettlement implementation and management is the

appropriate institutional framework for all concerned parties including the project developer. It is

important to ensure timely establishment and effective functioning of appropriate organizations

mandated to plan and implement land acquisition, compensation, relocation, income restoration and

livelihood programs.

An institutional framework for the successful implementation of this project is detailed below. The

following institutions will be involved in this project;

Ministry of Lands and Physical Planning (Office of the Chief Government Valuer and Department of Lands & Surveys)

Ministry of Water and Environment (Directorate of Water Development, The National Forest Authority and The National Environment Management Authority)

Ministry of Finance, Planning and Economic Development (Microfinance Program)

Ministry of Gender, Labour and Social Development

Ministry of State for Disaster Preparedness

Ministry of Energy and Mineral Development (Uganda Electricity Transmission Company Ltd)

The District Government Authorities (Chief Administrative Officers, Sub county chiefs, District land boards/tribunals) and,

Village Committees

Local Non-Government Organizations (NGOs) and Community Based Organizations (CBOs)

Establish offices at each district for grievance management

Political leadership ( Local Councils I to V

Other technical staff from the social services sector (roads, water) that have the mandate of Local Government at the sub county level.

2.4.1 Ministry of Lands and Physical Planning

The office of the Chief Government Valuer (CGV) in conjunction with the District Land Boards of

Wakiso, Mpigi and Masaka Districts provide approved updated compensation rates used for

calculations of compensations. Furthermore, the office of the Chief Government Valuer (CGV)

shall be responsible for approving the final Valuation Report. The Department of Lands under

the Directorate of Lands, shall liaise with the District Land Boards in the registration and

transfers of land.

2.4.2 Ministry of Water and Environment

NEMA will have the responsibility for assessing and monitoring compliance with the

environmental and social requirements prescribed in the Resettlement Action Plan. Assessment

and compliance monitoring may be done through the District Environment Officers of Wakiso,

Mpigi and Masaka Districts or directly through NEMA's gazzeted Environmental Inspectors.

Where land for resettlement is required, NEMA will be responsible for reviewing and approving

the EIA Reports since the infrastructural developments carried out will involve significant

environmental impacts.

The National Forest Authority will be the focal point for forest related issues. It will be the

institution to approve our forest valuation. Besides, it will monitor the purchase and planting of

an equivalent area of the lost forests.

The Directorate of Water Development will be responsible for supervising the provision of

alternative sites of water sources for affected people.

2.4.3 Ministry of Finance and Economic Planning

The Government program of poverty eradication popularly known as ‘Bonna bagagawale’ is

managed under this Ministry. This program aims at supporting local development actions for

creating job opportunities and income sources to the poor and the population that needs to be

economically improved. Central to the implementation of this program is group cooperatives,

also known as Savings and Credit Cooperative Societies (SACCOS), where people in a

particular SACCO are given with seed money, which acts as a revolving fund from which the

members can borrow money for development/income generation projects. PAPs could access

micro credit for development projects from this Ministry.

2.4.4 Ministry of Gender, Labor and Social Development

The Ministry of Gender, Labor and Social Development has responsibilities for the social and

economic welfare of the population including cultural affairs, youth, labor and disadvantaged

groups. The Ministry has a Department responsible for labor and industrial relations.

2.4.5 Ministry of Energy and Mineral Development

The ministry of Energy and Mineral Development is mandated to plan and supervise the

implementation and provision of all energy sources in the country. UETCL shall;


Minimize land acquisition and resettlement by making appropriate design and alignment

modifications suggested by the consultant.

Budget, allocate and disburse funds for land acquisition and resettlement

Corroborate the PAPs in conjunction with village committees

Ensure the co-ordination of the implementation of land acquisition and resettlement activities.

Provide necessary assistance to affected persons during the resettlement process and

ensure that vulnerable people are appropriately compensated.

Apply income restoration and livelihood rehabilitation programs suggested by the Consultant

Appoint an agency for external monitoring of activities

Review adequacy of compensation of PAPs as well as restoration of the PAPs standards of

living after resettlement.

Provide internal monitoring of the resettlement plan implementation

Prepare internal monitoring reports and initiate necessary remedial actions where necessary.

Assign staff or establish a resettlement organization to oversee and monitor the

implementation of the RAP

Apply through the Minister responsible for energy for the degazettement of the portions of the

forest reserves taken by the transmission line

2.4.6 District Local Government Authorities

The Local Governments will primarily review the progress of the land acquisition and resettlement

implementation and make decisions regarding actions to solve the problems and designate

officers to carry out these actions. The Local Governments also assist the resettlement through

the organs described below.

2.4.7 District Land Boards (DLBs)

The DLBs facilitate the registration and transfer of land ownership. In addition, DLBs compile and

maintain a list of compensation rates payable in respect of crops, buildings of a non-permanent

nature and any other thing that may be prescribed. Furthermore, the DLBs review the lists of

rates of compensation annually.


2.4.8 District Land Tribunals (DLTs)

The District Land Tribunal decides on disputes regarding compensation paid for land acquired. It

is also charged with solving disputes relating to the grant, lease, repossession, transfer or

acquisition of land by individuals and organizations. This will be helpful in resolving matters that

cannot be solved at village level.

2.4.9 District Environment Officers (DEOs)

DEOs review environmental assessment reports and monitor environmental and social issues.

They also participate in the identification and selection of relocation sites.

2.4.10 The Village Committees

Village committees will manage and deal with resettlement issues at village level. The

committees will be responsible for the coordination and monitoring of the land acquisition and

resettlement activities. They will also assist in;

The resolution of grievances concerning land acquisition, compensation and resettlement

operation.

ensuring adequate replacement of land for the PAPs

Planning and implementation of income generating and poverty reduction program.

community participation

involving vulnerable groups in the planning and implementation of resettlement

The review of the results of resettlement and income restoration.

2.4.11 Non Governmental Organisations and CBOs

NGOs could be beneficial for the development of the areas when they work together in coalitions,

pooling their resources and coordinating their lobbying efforts.

One of the important means of income restoration in the project-affected area is supporting local

investments and development activities. This generally needs preparation of documents to get

support and participation of various groups. The leadership, guidance, and participation of local

NGOs/CBOs is very important. The NGOs/CBOs would be instrumental in providing training for

project preparation and development. Furthermore, capable NGOs/CBOs can provide consulting


services to the PAPs on legal and grievance redress issues throughout the project

implementation.

Moreover, there are some national and international programs and funds, which can be used for

environmental and social developmental projects and activities by the NGOs/CBOs. The

cooperation of local authorities and NGOs is important if these programs and funds are to be

taken advantage of for livelihood restoration packages during the implementation of the 220kV

Kawanda-Masaka transmission line project.

NGOs/CBOs currently present in the project area and the ones that can be established (such as

cooperatives) may play an important role for the development of the area and increasing incomes

of the PAPs. Besides, the local NGOs may act as independent third parties in the monitoring of

the implementation of the RAP.

3 IMPACTS OF THE PROJECT

3.1 Project Location

The proposed Kawanda-Masaka 137 Km 220 kV transmission line traverses the districts of Wakiso,

Mpigi, and Masaka. The line starts from Kawanda-Substation in Kawanda parish at coordinates N

448663, E 46126, Wakiso district and joins the former route in Maziba parish in Mpigi district at

coordinates N 428545, E 25270. The line cuts across several villages and parishes. In Wakiso

district, the line passes through 1 sub-county and 5 Parishes, in Mpigi district 7 sub-counties and19

parishes and 7 sub-counties and 14 parishes in Masaka district. Table 2 below shows the entire

administrative boundaries and villages where the t-line passes. The maps showing the entire line

route is also attached, appendix 2

Table 2: Administrative Boundaries and Villages Traversed by the T-Line


District Sub county Parish VillageWakiso Wakiso Kawanda Nakyesanja

KawandaNkokonjeru

Bukasa Bukasa ABukasa BunyigaKigomaKawoko

Buloba Mituba’ebiri Bukasa BukuluBuloba SerugoyeNaluvule Senge

KayungaGombe

Mpigi Muduuma Lujjo Buyala NaziliBuyala Kawomya

Kiringente Kololo KatoomaNsujumpolweNamutuya

Sekiwunga GalatiyaKagabaMabuye

Kavule KiwamirembeKavule Sabaddu Kyambizi

KavuleMpigi Town Council Maziba Maziba Murole

MembeCentral Ward Mpami Lufuka

Lwanga Kalagala Ward BKalagala LwangaKalagala Ziwunga

Konkoma NakiguddeMpambire

Kamengo Sabagabo – Kyanja NambiBubuuleBugaboKwaba-KabiraBukooza

Sabaddu-Kamengo Kiswa AKamengo

Kamengo BwamiramiraNabuzi

Budde Budde Kyabadaza-NtulaKabuye-BumbuKayima-Ntayi

Buwama Mbizinya KanaaniMaggyaBuwama BMbizinyaBuyaya

Bongole Kasubi-KamuNkozi Nabusanke Kwaaba

Nabusanke ANabusanke BKikomazi

Kayabwe LukongeJjandira

Nindye Lubanda A


KayungaMugge Sabaddu Mugge

NabyewangaLubanga

Masaka Lukaya T/C Bajja KayungaBajja ANabisoga

Kaliro MwotaCentral Ward Lutente

LumumbaKalungi

Bukulula Kalungu VvumaKasali KabaleMukoko Kisanje West

Kisanje EastLutengoMukoko NorthMukokoKasasa WestLukuli

Nyendo -Senyange Nyendo KayirikitiMukungwe Kalagala Mulema

KalagalaKitenga

Samalia KyalusoweMatanga Kiwanyizi

Kadugala-NsangamuMatanga

Kingo Kiteredde LuteteKimanya/Kyabakuza Kyabakuza MwaloKatwe-Butego Butego Kalagala-Kiterede

Kamugwobwa -Namasenene

The lines run pass over mainly private farm land and few government owned land. It transverses

homesteads both permanent and temporary and farm land with crops such as maize, bananas,

coffee, vanilla, cassava, sweet potatoes and fruits like; jack fruit, avocado, mangoes water melon

and many others exist though scattered. The land is also used for animal rearing/grazing that

include; cows, goats, sheep, pigs poultry and fish ponds. Few scattered tall trees and other plants

exist, wetland and both natural and planted forests.

The proposed construction of the transmission lines is associated with:

Construction of line structures, accessories and conductors;

Construction of the 220kV double circuit transmission line from Kawanda substation to Masaka

West substation,

Construction of the Masaka West substation extension to cater for the 220kV line bay





These activities will inevitably lead to negative impacts like land-take, property displacement, crop

destruction, household displacement and cultural site encroachment.

The RAP was done in accordance with Ugandan policies and laws on environment management and

handling of potential social issues, as well as the World Bank’s safeguard policies, particularly O. P.

4.12 on involuntary resettlement.


Map 1: Project Area


3.2 Scope Of Project Impacts

The proposed 220kV Kawanda – Masaka transmission line traverses 14 sub-counties in the three

districts of Wakiso, Mpigi and Masaka covering a distance of about 137 km. The directly affected

households will bear physical loss due to the construction of the transmission line. The indirectly

affected HHs are those that will lose their economic earnings and the host communities.

The directly affected HHs may bear partial or full impacts. The fully affected HHs are the ones which

lose all their land and structures (i.e. houses, etc) whereas the partially affected only lose part of

their land or structures. The latter are those in the way leaves whereas the former fall within the

ROW.

3.3 Category Of Impacts

The main socioeconomic impacts of the proposed transmission line will largely be associated with

project activities. The major activities of the proposed project, which will affect the populace, include,

construction of line structures, accessories and conductors,

construction of the 220kV double circuit transmission line from Kawanda Sub - Station to

Masaka West - Substation,

extension of the Masaka West substation cater for the 220kV line bay,

clearing of right-of-way as necessary,

construction of access roads as necessary, construction of workers’ camps and storage

facilities for the project materials

These activities will lead to loss of land and property, limited access to water supply, increased

pressure on health facilities, loss of income/means of livelihood and creation of the potentially

vulnerable

The land requirements for the project are of three broad categories, namely;

land for construction of the transmission line

land for the expansion of Masaka West Sub-Station

land required temporarily for construction purposes

Land required for the construction of the transmission line will include 35m wide Way Leaves (WL)


(17.5 m on either side of the 5 m corridor), 5m wide Right of Way (RoW) and temporary land for

construction purposes. The WL is the safety corridor out of which the negative impacts of

transmission lines are assumed negligible. The width of the corridor depends on the voltage of the

line. The Uganda standard requires 30m corridor for 132kV transmission lines and a 40m for 220kV

lines.

For this project, a 40m way leave corridor will be necessary. No houses or crops higher than 7.5

meters are permitted within the way leaves. Since land for the way leaves is not permanently taken,

no title transfers will be required. Owners and occupants will be compensated against the loss of

value resulting from the restrictions.

The RoW is the 5m land required for construction of the steel towers and a maintenance track.

Since this land must be accessible at all times to UETCL for maintenance purposes, it is deemed not

to have any residual value and will thus be compensated in full. If and when more than 5 meters of

land is required it will be equally compensated for.

During construction, there will be temporary need of land for contractor’s camps, access roads,

waste disposal. Owners and occupants of this land will be paid rent for temporary occupation.

Where crops are damaged, compensation will be paid as required.

The effects of land take elaborated above were studied at both community and household levels.

The community level losses relate to loss of public property such as schools, mosques, churches,

etc. Household level effects on the other hand are those that are specific to individual household

and are as categorized below;

Households whose houses, associated structures and land are lost due to expropriation (A)

Households whose houses and associated structures are lost to expropriation but land is not (B)

Households whose lands are lost to expropriation but houses and associated structures are not

(C)

Households who will be economically displaced due to adverse effects of the project on their

livelihoods (D). Economic displacement here means loss of income streams and means of

livelihood resulting from land acquisition or obstructed access to resources such as land or

forests.


PAPs who earn some portion of their livelihood by renting their land and physical assets to other

PAPs in the project affected site (E)

PAPs who do not own any land or physical assets but derive their livelihood though (1) some

form of employment (2) social support networks and (3) customary rights to common properties

(e.g. water) in the project area (F)

3.3.1 Loss Of Land And Property

The standard definition of UETCL of the Right of Way (RoW) for a 220kV transmission line is a 5 meter wide corridor and then a safety zone or way leaves on each side of the Right of way of

17.5 meters. For UETCL, the RoW in most cases suffices for the tower foot print and a

permanent maintenance track, while the way – leaves suffices for the safety zone with restricted

use. Where the tower base is more than 5 metres, compensation is effected for the extra land

take.

In general however, following the UETCL definitions, the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW see table 3 below. Additionally from the data collected and analysed, UETCL will require about 120 acres

for purposes of resettlement while 12 acres per camp in the 3 districts will temporarily needed as

storage or lay down area during construction. Owners of the latter land will have to be

compensated for the disruption during the lifetime of construction activities. This is slightly

different from the 2008 requirements due to changes in routing brought about by human

settlements near Kampala Area.

Table3: Land Uptake

District Right of Way (Acres)

Way leaves (Acres)

Wakiso 24.8 173.8Mpigi 17.0 120.8Masaka 68.6 460.3 Total 110.4 754.9

3.3.2 Impact On Structures

As mentioned earlier, the proposed works follow the previously designated line for the major


part from Masaka to Mpigi but diverts westwards away from Kampala-Masaka Highway to

avoid the heavy settlements of Nsangi to Nansana1. A total of 321 permanent structures and

121 semi permanent structures are to be affected. Some 225 structures, mainly residential and

commercial buildings will have to be demolished to pave way for the right of way of the

transmission line. Of these, 60% are permanent finished residential and commercial buildings

and 31% are semi-permanent structures mainly residential). Since care was taken to minimize

speculation, no speculatively constructed structures were encountered.

Out of these numbers, 160 households are to be physically displaced while the rest have been

termed as economically disturbed due to the current use of the land determined to be

agricultural/commercial. The other 65 with buildings to be demolished will receive cash

compensation and replace the structures on their own. The different compensation options for

each category are discussed in chapters 5. Table 4 below summarizes the total categories of

the impacts of the T-line.

Table 4 : Summary of Impacts per Category

KAWANDA - MASAKA LINE May-2011

KEY RAP PARAMETERS

Items Number

Total number of PAPs 13596

Total Number of HHs 2136

Transactions 2428

Number of Female headed HHs 649

No. of Male headed HHs 1697

Institutions 82

Resettlement cases 160

Shrines 232

Graves 813

Vulnerable 167

Permanent Structures 321

1 See verification report prepared by UETCL; 2010.2 The identified shrines and graves have been highlighted for purposes of ensuring that they are avoided in terms of tower foot prints.3 Same as above.


Semi permanent Structures 121

Residences (PDPs) 160

Landowners 534

Tenants 1641

Co-Tenant 95

Licensees 119

Co-owner 39

Total Distance 137

Villages 92

Sub-counties 14

Districts 3

3.3.3 Physical And Economic Displacement

Physically displaced persons are those whose residences fall within the 40 meters corridor and

as such have to lose them to the project. In general, there are 2,136 households, with about a

total of 13,596 persons affected by the currently optimised route in the project area. Out of

these numbers, 160 households are to be physically displaced while the rest have been termed

as economically disturbed due to the current use of the land determined to be

agricultural/commercial. Of these, 50 can be relocated on their unencumbered pieces of land,

110 are termed as oustees who will need resettlement The different compensation options for

each category are discussed in later chapters. Most of the persons likely to be physically

displaced live in the highly encumbered areas of Nabusanke Town A, Kayabwe, Buwama B,

lutente, Lukuli, Kayirikiti, Kalagala Kiterende, Kamungomba Namansenene. In addition, people

leaving in urban centers such as Buwama in Mpigi District and Lukaaya and Masaka Town

Council in Masaka District will be physically displaced.

3.3.4 Impact on Water Supply Systems

There are about 3 unprotected and 2 protected springs in the ROW of the transmission line.

Construction of the transmission line will directly affect these water sources through pollution

and interference with flow. Residents in the villages of Bukasa A, Senge and Buwama B

Membe Makoku and Kayirikiti where these water sources are will have them replaced or


protected, whatever is applicable.

3.3.5 Impact on Economic Activities

Whereas the construction of the transmission line may lead to increase in economic activities in

the project area, this will be limited to urban centers such as Mpigi, Buwama, Lukaaya and

Masaka. Economic activities such as stone quarrying, sand mining, poultry, piggery and

farming may be interrupted by the construction of the transmission line.

A couple of poultry and piggery businesses fall within the ROW of the transmission line. T he

buildings housing the poultry units are semi permanent structures with corrugated iron sheet

roofs. Whereas these structures can easily be relocated, there will be disruption to income

generation. In one of the units we estimate a net monthly income of UGX =500,000= or USD

294 (at 1 USD = UGX 1700=) corresponding to UGX 6,000,000 (USD 3,530) per annum. In a

country with a per capita income of USD 240, this amounts to high loss.

3.3.6 Impact on Shrines and Graves

Several shrines, graveyards and possessed trees that are within the 40 meter corridor will not

be destroyed during the construction of the transmission line. Efforts have been made to avoid

towers footprints on these assets, and since they are within the 7.5 meters vertical clearance,

they would survive. An enthronement site (Busamba) for the Ndiga clan is at Mpabire and 81

burial sites and 23 cultural shrines are located along the transmission line.

Of great importance is the Mbuga Ya Nsereko Musajja Subi Namwama in Buwama B the

ancestral origin of the Kkobe Clan which contains a granite rock highly preserved because it is

believed that King Nsereko disappeared through it living behind foot prints of his dog and a

Mweso game board inscribed on the rock. This rock is highly respected that no one is allowed

to step on it with shoes; it is surrounded by several houses used by the clan members all over

Buganda region for cultural ceremonies.

These sites are highly valued by the communities for reasons such as problem solving,

decision making, protection against epidemics and enemies, tourist sites especially for the

Buganda Kingdom or prestige (gods).

Whereas the local communities are agreeable to relocation of these structures, they believe


rituals must first be performed before relocation. Tampering of these sites is claimed to anger

the gods with disastrous consequences. For example, Kabukoro village where the Masaka

West substation extension is to take place is said to be possessed. Stories abound of how a

road project failed because all the bulldozers broke down at the area.

Consultations with UETCL suggested that in line with the guidelines, during construction, tower

foundations should not be directly placed in these sites. Maximum care must be taken to avoid

direct contact with these sites because relocating them might be undesirable and cumbersome

given the numbers involved. However, a vertical clearance of 7.5 meters measured between the highest point of physical obstacles on the ground and the local vertical position of the lowest conductor must always be kept in this area for safety purposes.

Furthermore the design has been carefully chosen to avoid the placement of towers in the

graveyards and shrines. Therefore the electrical conductors will span over the graveyards and

shrines and the towers allow for plus or minus 20 meters diversions. This can cater for owners who

may not wish to be relocated.

Sites that are buried may be discovered during project implementation. Such discoveries of

archaeological nature are termed as ‘archaeological chance finds’. These could be

concentrations of pottery, animals and human bones, worked stone etc. World Bank guidelines

should be adopted in project design to carter for such discoveries. The following are the

procedures:

1. Notification of relevant department of antiquities

2. Request for representative to make a site inspection

3. Cessation of work in the vicinity of the find until the visit of a representative;

and decision by department of antiquities on possible salvage or

excavation.

This report has recommended preservation of such important sites clan ancestral grounds and

burial grounds regarded as cultural properties are taken seriously. Detailed in the mitigation

plan in the ESIA are measures to mitigate impacts on cultural properties.


3.3.7 Potentially Vulnerable Groups

Implementation of projects that lead to property take and livelihood disruption usually affects

some people more than others. These categories of people are known as the vulnerable.

Vulnerable groups are defined by the World Bank policy on involuntary resettlement (O.P. 4.12)

as ‘people who by virtue of gender, ethnicity, age, physical or mental disability, economic

disadvantage, or social status may be more adversely affected by resettlement than others and

who may be limited in their ability to claim or take advantage of resettlement assistance and

related development benefits’.

Since the overall objective of resettlement should be to restore or even improve the living

standards, physical security, and productive capacity and income levels of all the people

affected or at the very least, to restore them to former levels, it is important to identify groups

that are particularly at risk. Therefore, vulnerable groups require special attention in planning

and implementing development projects.

Female-headed households, child headed households, the elderly, people living below the

poverty line, those who derive their livelihoods on other people’s property (squatters/licensees)

and the illiterate are often categorized as vulnerable groups (the World Bank, 2000).

Table 5 A summary of the Vulnerable PAPs per district

District

Total number of villages with vulnerable

PAPsTotal Male Total Female Total

Wakiso 10 12 14 26

Mpigi 26 44 49 93

Masaka 16 11 37 48

Total 52 67 100 167

Table 5 above shows that there are 167 vulnerable households that will be affected by the

entire line. Of these, 100 are female the majority of who are widows aged 60-90 with only 1

aged above 100 years. The male are 65scattered throughout the t-Line. Those who are HIV

positive are 2 in Kabale and Majja villages and the Physically Disabled, moving on wheel


chairs, are also 2 in Mwota and Buwama B villages, a minor in Mwalo village and a drunkard in

Senge village. A list of all the vulnerable per village per district is attached in Appendix 4.

Female-Headed HouseholdsIn many parts of the world, women cannot own property, do not inherit land and are not

considered heads of households even if they are the primary income earners. Furthermore,

women have little contact with community leaders; have lower educational attainments and

lower labor participation. Moreover, prevalent values impose various restrictions on women to

the extent their main task is taking care of the house and children. The situation gets worse

when they lose their spouses or their marriages break up forcing them to become the sole

breadwinners at home. All these make female-headed households more vulnerable during

resettlement.

Children and Child-headed HouseholdsChildren and adolescents (especially girls) are important elements in vulnerability.

Intergenerational ties link experiences between one generation and the next to the extent that

fateful intergenerational experiences get transferred from one generation to the next. This

means experiences related with social, symbolic and economic capital (especially high birth

and illiteracy rates, and rigid social norms) make children and young girls more vulnerable than

others. In many households, due to drop in income and living standards, children may never

return to school, instead getting drafted into the labor market or into prostitution.

The situation even gets worse when children suddenly find themselves in situations where they

are the sole bread earners for their younger siblings. This is more true now in the HIV/AIDS

pandemic era where many families have had older (parents) bread winners wiped out. To cope

with the sudden social change, older siblings become ‘foster’ parents to their young siblings

without any experience family making.

Elderly-headed householdsIn all societies the elderly (60 years and above) can be vulnerable in times of sudden change,

such as during resettlement since they cannot adjust rapidly to lifestyle changes or new

environments. They are at a disadvantage in resettlement schemes that rely on self-help

construction of housing since they do not have the energy required for construction. The

elderly may also suffer from intergenerational conflicts, as the young perceive needs and


outcomes differently. Moreover, the social networks closest to the elderly may be lost the effect

of resettlement projects on this category may be more significant than on the younger able

persons.

The Poor The World Bank defines poor people as those who live below 1 USD a day, a concept known

as living below the poverty line. People living below the poverty line have no discretionary

disposable income hence do not own property and are less educated as they drop out of school

early.

In the Sub-Saharan African setting, these people most times depend on benevolent support

from relatives or people of good will. Moreover, though they do not own housing structures of

their own they are provided a house by their relatives. In this context, resettlement poses a

serious risk as they may lose the social networks that support them making them unable to

cope with sudden changes presented to their lives.

Findings from the socio-economic survey show that construction of the transmission line is

likely to affect households headed by the elderly, women and children more than those headed

by the able bodied. Furthermore, households who do not own land (Bibanja owners) will

gravely be affected compared to those, which own land.

Elderly and Female Headed Households Female - and elderly (aged above 60 years)–headed households constituted 21% and 10.8%

respectively of the total households. Additionally, only 28% of the female-headed households

own land cultivated. More than half (58%) of female-headed households are tenants (Bibanja

owners) on other peoples land. Some 8% of the female heads of households were above 70

years of age. Three of these particularly need special consideration as they fend for orphans

younger than 12 years old.

For most (86%) of female-headed households, agriculture is their only occupation while 9%

were also traders. Like the rest of the population in the area malaria is the by far worst health

problem afflicting 74% of the female-headed households.

Child Headed Households Children less than 18 years old head two households. The income derived from agricultural


production, estimated at UGX =100,000= annually, is negligible. Though the income given is

questionable, it gives an indication that households consisting of children survive by consuming

what they can produce. Among the affected households, the child headed households are

clearly the most vulnerable and consequently they will need special attention in terms of

rehabilitation and livelihood support. There is one child headed household (16 years) in Mwalo

village in Masaka district.

Bibanja OwnersAmong the PAPs, are bibanja owners who cultivate land they do not own. This group occupies

tiny pieces of land from where they solely derive their livelihood. Compensation values quoted

for this category of people (generally less than UGX =100,000= or USD 60) will leave them far

worse off than they were. This category also needs special consideration in terms of livelihood

restoration.

3.3.8 Institutions Affected

Out of the enumerated entities found along the optimised route, 82 have been categorised as

institutions whose impact was unavoidable and whose strategy for impact mitigation is

slightly different from the individualized approach of households. The number has reduced from

123 documented in 2008 due to the diversion between Mpigi and Wakiso.

Efforts have been put in place to minimize impact on public and social infrastructure however

some of them like the NSSF land in Bukasa A Wakiso District, Grace Infant School with less

than 100 pupils in Kavule village, Iqra Primary School in Mpigi Nkozi Agri-business training


School will have to be affected.


4 SOCIO – ECONOMIC –BASELINE INFORMATION

This section describes the broad socio economic characteristics of the population in the project

area of the proposed transmission line

4.1 Administrative Boundaries

The proposed 220kV Kawanda – Masaka transmission line traverses 14 sub-counties in the three

districts of Wakiso, Mpigi and Masaka covering a distance of about 137 km. It passes through 1

sub-county in Wakiso District (Wakiso), 6 Sub-counties in Mpigi District (Kiringente, Mpigi, Kamengo,

Budde, Buwama, and Nkozi) and 7 sub-counties in Masaka District (Mukungwe, Lukaya Town

Council, Nyendo Senyange, Kingo, Kimanya Kyabakuza, Katwe Butego and Bukulula,). The

transmission line is a development project that will lead to involuntary population displacement, both

physical and economic. People within the project area will be affected either directly or indirectly.

The directly affected households will bear physical loss due to the construction of the transmission

line. The indirectly affected HHs are those that will lose their economic earnings and the host

communities.

4.2 Population

According to the 2002 Population Census the population of the affected districts was Wakiso

908,000, Mpigi 407,800 and Masaka 770,700 people. However the Transmission line is not

going to affect all the population in the districts but to only the mentioned sub-counties in 4.1

above. The affected households and institutions in three districts are shown in table 6 below:

Table6: Estimated number of affected Households Per district

No. Districts Number ofInstitutions

Number of Villages

Number of House Holds

1.Wakiso 15 12 377

2. Mpigi 44 51 942

3. Masaka 23 29 817


No. Districts Number ofInstitutions

Number of Villages

Number of House Holds

Total 3 82 92 2136

4.3 Demographic Characteristics of the Respondents

4.3.1 Age Distribution

Age is one of the important factors to consider when devising policies and plans for

resettlement. Dependency and intergenerational differences play a big role in mitigating

impacts of displacement. A high elderly dependency ratio means livelihood restoration

programs must take into consideration the unique needs of the aged who are out of the labor

force. Likewise, a relatively younger population may have substantially different demands than

the older population. Moreover, a younger population is expected to adapt quickly to new

environments since their attachments to previous conditions may be less strong. Results

suggest that 22% of the household members are children less than 18 years old and between

35 – 55 years.

Figure 4.1: Age distribution of respondents

Below 18 Yrs22%

19 - 35 yrs46%

36 - 55 Yrs22%

56 - 70 Yrs7%

71 + Yrs3%

Age Distribution of Respondents

Never the less a considerable number 46% are in the youthful age of 19 – 35 years.

Only 10% are very old thus 56 + years of age. With the majority of the population being

in the productive age bracket the dependency ratio is expected to below.


4.3.2 Educational Levels

The schools existing in these villages are mostly primary schools under Universal Primary

Education (UPE) program and a few are Secondary Schools. There are no vocational

institutions in the area, which is their major concern as a community. It means that the

majority of the labour that can be supplied by the people will be in the form of unskilled labour

because there are few people with skills and training.

The level of education attained by an individual is an indirect measure of the coping ability with

economic shocks. Highly educated populations are known to devise better strategies to mitigate

risks. This can be true in situations of displacement. Moreover, the type of education, formal or

vocational, makes one easily adapt to host communities. Income restoration strategies and

mitigation measures should therefore take into account education level as the capacity building

and development of social capital depends, among other things on the education level of the

beneficiary.

A large proportion (56%) of PAPs attained primary school education with fewer than half this

(20%) enrolled for secondary education. Most of the women did not enroll because factors like

early marriages, low priority on girls' education and lack of means to pay for school fees for

secondary education. Just 8% of the PAPs attained tertiary education.


Figure 4.2 Literacy levels of project affected people

None15%

Primary56%

Secondary20%

Tertiary9%

Education Level of Respondent

The low levels of literacy in the area implies that any information and awareness programs to be

designed for the people in the project area should not rely only on written texts but use

illustrations and other suitable information media. Furthermore, low education levels means few

PAPs have skills that are required in the construction of the transmission line. Therefore majority

of them may be employed as casual laborers.

Furthermore, since many of the affected PAPs still have children that are attending primary and

secondary school, it is important that any resettlement area should have educational facilities to

cater for the increase in enrolment or else the project helps the host communities expand the

educational facilities.

4.3.3 Health Status

In the three districts covered during the survey, it has been noted that there is too much pressure

on the existing health facilities that are mainly Health Centre II (HC II), drug shops, clinics and

traditional birth attendants.

The majority of the people in the project area use health centers (43%), clinics (28%), and drug

shops (20%) for the management of their health. A mere 6% visit hospitals


Figure 6.3 Health facility visited by people in the project area

Hospital Health Center Clinics Drug Shops Others

6%

43%

28%20%

3%

Series1

In most parishes people rely on these facilities, which are poorly facilitated (staff, drugs, and

modern diagnostic facilities). Because of that, patients have to be referred to HC V e.g. Wakiso

or even Mulago hospital (Kampala). The existing health facilities are mainly health centers of

Grade II and III offering services limited to outpatients, laboratory and maternity for normal

delivery. Inpatient services are only for minor complications.

Overall, facilities are overstretched and inadequate as they are characterized by inadequate stock

of drugs, lack of or no qualified medical personnel, and lack of modern facilities for proper

diagnosis. Any unplanned increase in patients will greatly affect service delivery by these

facilities.

In terms of access to health facilities the level of vulnerability is rated as being have medium value because they are poorly facilitated but with good structures.

4.3.4 Ethnicity and Religion

The dominant ethnic group in the project area is the Baganda (88.4%). Other tribes such as the

Bakiga, Banyankole, Banyoro, Bateso and Batooro stay in the project area especially around the

trading centers. The population within the project area is largely Christian (80%) with Catholics

(51%) dominating. However, traditional beliefs are strong among the respondents.


Figure 6.4 Religious beliefs of the affected people

Catholic51%Church of Uganda

24%

Moslem19%

Born Again5%

Others1%

Religious Beliefs of Respodents

Ethnicity and religion are key considerations in designing and implementing resettlement policies

and strategies since most people would prefer staying close ‘their’ own.

4.3.5 Length of Residency

Sixty four percent of the affected people have stayed in the area for over 15 years, 20% had

stayed in the area for 6 -14 years while only 14% had stayed in the project area for less than 5

years.

Most of these people are tenants on the land on which they live which tend to limit their access to

productive resources and finances hence that are needed to engage in meaningful income

generation activities. Resultantly, the level of vulnerability of this population to economic shocks

is rated as being high due to this constraint. .

4.3.6 Settlement and Land Use

Through the 137 km stretch from Nakyesanja LC I (where Kawanda Substation is located) to

Masaka West substation, the proposed transmission line traverses sixty seven villages, including

Trading Centers and Towns. From Nakyesanja to Masaka the settlements are typical village

setting characterized by scattered settlements with footpaths. The compounds are composed of

a group of houses accommodating members of an extended family.


However, from Kawanda to Kkoba swamp settlements are mainly of the scattered nuclei

settlement with various permanent structures which are concentrated along the roads while semi-

permanent and mud and wattle houses are found as one goes deeper in the villages.

The set up of structures and settlements along the proposed Transmission Line corridor can be

categorized as;

Permanent brick buildings, mostly commercial (shops) and residences. The commercial

structures are mostly concentrated within a single locality and generally in linear formation.

Institutional structures, mainly schools built of permanent brick material

Semi-permanent buildings, mostly residential with support structures such as latrines,

kitchens and livestock structures

Temporary structures, mostly of mud and wattle and typical of rural setting

The land is mainly used for small - scale agricultural production. Crops grown are mainly food

crops like bananas, cassava, sweet potatoes, maize, beans, and vegetables such as tomatoes.

However, cash crops like coffee, vanilla, moringa are also grown. Eucalyptus and Cyprus

plantations too fall within the transmission line corridor.

Livestock farming is also practiced within the transmission line corridor with mostly goats, pigs,

rabbits and poultry being reared. For households that rear cows the number does not exceed

three.

Other types of land use include stone quarrying, sand mining and brick making. This type of land

use is maintained almost up to the end of Mpigi District. Mpigi land use is in such a way that the

settled in lands are interspersed with forest reserves and wetlands.

In Masaka district, through Lwera (Kafu swamp) up to Lukaya, the settlements are sparse and

of the rural type. Land is mainly used for substance farming, grazing and brick making. The

structures are mainly semi-permanent as well as mud and wattle. In Lukaya, settlements are

concentrated within the Town Council with nearby villages practicing mainly substance

agriculture, poultry keeping and livestock. Along the road, there are a few trading centers in a

semi-urban setting with permanent and semi-permanent structures due to the facilities like

electricity, schools clinics and accessibility to the main road.


In summary the project area has various land uses. In most areas, the settlements are

dotted along the road with structures that are semi-permanent small retail shops and kiosks.

Away from the road, settlements are scattered and cultivation of crops on small scale is

common though poultry and cattle keeping is also done.

4.3.7 Land Tenure

The land tenure system along the whole stretch of the line is either mailo or leasehold. Mailo

tenure is the most dominant in the project area. It involves the holding of land in perpetuity,

permits the separation of ownership of land from the ownership of developments made on land

by a lawful or bona-fide occupant (generally known as tenant). Additionally, the holder can only

exercise transactions on the land subject to the rights of those persons occupying the land.

Leasehold tenure on the other hand is where someone other than the owner holds land for a

specific period, for rent conferred by the state or private individual. This system offers the

advantage of enabling the government to specify how a given land holding could be developed,

and environmental conditions attached to it. This category covers areas occupied by civic

centers like the district headquarters, county headquarters, town boards, government schools,

resettlement schemes and forest reserves.

Sixty eight percent of people to be affected by the project are tenants, 30% are registered

leasehold landowners, 1.2% are registered landowners and the rest are licensees. A majority

(80%) of these people have official documentation (land titles, land agreements and wills)

showing ownership of their land.

4.3.8 Livelihoods and Economic Activities

Land is mainly used for agricultural purposes on a small-scale level for domestic purposes. This is

because of the size of the plots of land under cultivation, the agricultural practices characterized

by poor farming methods, poor soils which produce very low yields due to over cultivation over

a long period of time.

Crops mainly grown in these areas include food crops like cassava, potatoes, maize,

bananas, beans, tomatoes, rice, tomatoes ginger, ovacado vegetables, watermelon groundnuts

and cash crops like vanilla, coffee, moringa trees and tobacco and eucalyptus.


Livestock farming is also practiced within the project area but done on a small scale with most

households not keeping more than 3 cows and 5 goats except Muzinda Womens Group –

Bagala alina which rears pigs on medium scale. The most common livestock are goats,

pigs, cows, rabbits and poultry. Another livestock farmer keeping about 40 Frisian cows was

found in Kibwa in Wamala Parish and a number of cows found grazing in Lwera near Lukaya. .

Because of the predominance of a subsistence agricultural economy in the project area, as is the

case in most of Uganda, agriculture assumes a high intrinsic value since without it the

communities would perish. The crops are sold in their raw form which makes it difficult for a

farmer to access regional markets (better prices). On the other hand there is a high potential for

increasing the agricultural export value (commercial Agriculture) through modernization of

agriculture. In general, the agricultural production and potential is valued as high. Although

soils in this area are of medium fertility, Plan for Modernization of Agriculture (PMA) would

improve on the potential.

Economic ActivitiesIncome, especially the disposable portion is vital in the coping ability of the affected

populations. Persons, even when they are disabled or old would still be able to hire labor and

skills required for survival.

The major income sources of the PAPs were identified from their own declarations. The

income streams of the PAPs can be summarized into;

regular earnings (salaries and wages)

agricultural activities (farming, livestock, poultry keeping, etc)

income from property rental

public transportation (boda bodas, etc)

others

Agriculture is the major source of income, although practiced at subsistence level most of the

products end up in the roadside markets spread along Kampala – Masaka highway. 65% of the

respondents stating that they rely on sale of agricultural products such as Bananas (Matooke),

Maize, Cassava, Sweet potatoes, Tomatoes, pumpkins, Yams, Onions, fruits like Water Melon,

Pineapples, Oranges, Passion, sweet Bananas, poultry, pigs goats and cows. Since agriculture


is the main stay of the Uganda economy, moreover, a large proportion of the PAPs are rural

based, it was reported that 75% of it contributed to household income. The rest is attributed to

other economic activities like brick baking, sand mining, art and crafts from the reeds and

papyrus, and small scale businesses. In the urban areas however, salaries and wages form

key sources of income.

Kikunyu Roadside Market in Kamengo Sub-county one of the major income sources mainly employing Women

In Mpambire village, drum making is the main economic activity mainly by men. Other sources of

domestic income included transportation (boda boda), fishing (areas in Lwera up to Lukaya),

and handcraft work, casual labour mainly in form of masonry, digging and fetching water.

Although most people are engaged in income generating activities, their monthly incomes

are not stable, some are seasonal and still very low and thus fragile.

EmploymentThere are very few opportunities regarding employment for the residents of the rural areas of

the project area. It was noticed that many residents had not received training in any skills.


The few trained in the community-included teachers, health workers, tailors and

carpenters. It was observed that on average the highest level of education attained is Senior

Four, while most of the children drop out of school after Primary Seven mainly because of lack of

school fees.

4.3.9 Current Infrastructure

RoadsThe project area crosses three high ways Kampala – Masaka, Kampala – Gulu and Kampala

– Hoima. Then runs along Kampala – Masaka highway for most of its part but at some areas it

goes off for over 5 kms into villages.

The roads leading to these villages are seasonal characterized by poor network system and road

surface with potholes. Some of the villages were not easily accessed due to the geographical set

up especially in the swampy areas where roads were too narrow and impassable.

Water supplyMost of the water sources are along the swampy areas or within the valleys. It was observed

that unprotected springs were the main source of water supply. A few water taps for National

Water and Sewerage Corporation and boreholes were identified in villages of Kikaya, Bubule,

Jandira, Nabusanke, Buku, Kyanja, Kiswa, Buyaya, Lubanda, Baja, Kayunga, Kayirikiti and

Kitenga some of which were still working and others out of function due to poor maintenance. In

Kasubo village, there are no water sources in the area due to the terrain and it was reported

that there are many mineral salts underground, which affects the water quality even of the

borehole. There are also unprotected water sources in Bukasa A, Ssenge, Namutuya and

Buwama B.

4.3.10 Shrines and Graves

A number of shrines and graves were identified along the proposed route including trees of

spiritual value found in Nambi village. The two commercial shrines are found in Maziba-Mulole

and in Buwama B village. Several graveyards were also spotted to be falling in the ROW of

the T-line for example in Maziba-Mulole village there are three different areas that is at Mr.

Kagwa Edward, Mr. Mugamba Kalori and Mr. Mugerwa Wilson’s land. In Bukooza village

there is a major Ngoge clan burial site with over 108 graves falling directly under the


proposed T-line. However the design of the t-line ensured that no towers are falling within

the graves or shrines sites. All the above sites are highly valued by the communities for various

reasons such as; problem solving agents, guiding in decision making, protection against epidemics,

enemies and cultural prestige as gods.

From the public consultation it was established that this site can never be tampered with because

of the spirits. During the implementation of the RAP, continued consultation on the best way

to handle these shrines and graves will be implemented with the clan consultation in places

like Bukooza Village.

Furthermore, based on the guidelines from the International Commission on Non-Ionizing

Radiation Protection (ICNIRP)4, and other applicable electric power transmission and

distribution standards, UETCL is revising measures of handling relocation of graves and

shrines to allow non relocation by not acquiring the way leaves (17.5 meters on either side

of the RoW 5 meter corridor) and maintaining a vertical clearance of 7.5 meters. The design

of the T-line also has been carefully chosen to avoid the placement towers in the graveyards and

shrines. Therefore the electrical conductors will span over the graveyards and shrines and also the

towers allow for plus or minus 20 meters diversions. This will result in avoidance of relocation of these

shrine and graves but only some cash compensation may be paid for the disturbance of the peace of

the dead and shrine spirits.

4 the ROW is defined along the length of the T-line by: (i) maintenance of a 7.5 m vertical clearance, measured between the highest point of physical obstacles on the ground and the local vertical position of the lowest conductor exposed to design conditions and (ii) a horizontal width of 30m (15m on each side of the longitudinal axis) along the entire length of the T-line.


5 COMPENSATION FRAMEWORK AND ELIGIBILITY

5.1 Introduction

Compensation and entitlements will be triggered by particular and specific impacts resulting

from the project. Using the information from the socio-economic survey and census, these

general impacts emanating from the project would include losses both at family and commercial

establishments. Hence the eligibility of affected persons are those persons whose property and

land will be acquired both temporary and permanently; directly or indirectly for the project

implementation.

Hence this chapter is a presentation of the following items that specify all forms of asset

ownership or use rights among the population affected by the project and the project’s strategy for

compensating them for the partial or complete loss of those assets.

The guiding principles on which the resettlement and compensation are based

The means by which individuals in the project affected area are determined to be eligible for

compensation

The different types of assets, including land and structures which will be impacted by the

project and what type of compensation entitlements will be linked to each

methodology that the UETCL has used to value losses

The amounts and types of compensation that affected parties will receive under the

entitlements

how and when compensation will be paid.

5.2 General Guiding Principles

The key principles followed in developing compensation in the RAP included;

Resettlement and/or compensation of the PAPs will be in accordance to the Ugandan

legislation and the WBG requirements especially OP 4.12

Since most of the PAPs rely on agriculture as a source of livelihoods, resettlement should

involve provision of agricultural land of equivalent potential to that lost

All displaced persons (physical or economic) will be offered either a full resettlement

package, including provision of replacement residential land and a house or cash

compensation


UETCL will provide assistance in restoring the livelihoods of the PAPs to at least the levels

where they were before the project

The RAP implementation shall be gender-sensitive, with consent of female spouses sought

as provided in the law. Furthermore, specific activities targeted towards women, children and

the elderly shall be promoted

RAP implementation and outcomes shall be monitored and evaluated in a transparent

manner

The PAPs and host communities shall be informed and consulted during the RAP

implementation and evaluation

5.3 Guidelines on Definition of Right of Way Clearances

In order to minimize resettlement impacts, UETCL used the following definition:

The ROW is defined along the length of the T-Line by: (i) maintenance of a 7.5 m vertical

clearance, measured between the highest point of physical obstacles on the ground and the

local vertical position of the lowest conductor exposed to design conditions; and a 5m strip of

land permanently acquired that accommodates the access road and the tower.

The Wayleave (ii) The wayleave a horizontal width of land outside the right of way consisting of

17.5 m on each side of the longitudinal axis along the entire length of the T-Line. Although

uniformly applied, treatment given to different reaches along the T-Line will necessarily be

heterogeneous since they include diverse land uses (e.g. urban, peri-urban, agricultural).

5.3.1 Actions for Transmission Line Right-Of- Way

In order to better enforce maintenance of these ROW standards, the following actions are

often required for urgent implementation by the T-Line operator:

1. Continue enforcement of the ROW safe zone (area with no human occupants)

throughout the period of T-Line network testing (possibly over two months), the purpose

of which is primarily driven by political and practical considerations. However,

afterwards, allow voluntary reoccupation of structures inside the ROW after

commissioning; and simultaneously provide sensitization on safety, health, and line

maintenance. The T-Line stretches in residential areas should be frequently inspected

and people living inside the T-Line ROW should be periodically warned on the lethal

dangers associated with activities causing violation of the minimum clearance (e.g.


proximity to conductors through use of ladders or long sticks; use of water jets, mobile

cranes, burning, etc).

2. Verify land use and settlements within the ROW prior to commissioning (inventory to be

done by ground truthing using maps, aerial photographs, socio-economic and physical

surveys).

3. Remove structures that are within the vertical clearance limit, affecting T-Line security,

prior to testing and commissioning

4. Enforce immediate restrictions on new construction, population encroachments,

unsustainable agricultural land uses (e.g. tree planting and burning) by issuing a binding

legal or administrative order prior to commissioning; at the same time, provide

incentives to farmers for sustainable agriculture inside the ROW that can act as good

ground cover. There is no proof that the proximity of a high voltage T-Line can create a

health impact. However, it is common practice to avoid being close to a school.

5. Develop guidelines for effective operation, monitoring, and maintenance procedures for

ensuring T-Line health and safety prior to commissioning, including selection of an

appropriate T-Line Operator with clearly defined responsibilities for monitoring the ROW.

5.3.2 Guidelines for Resettlement Along the Right-Of-Way

1. The specified ROW width of 17.5 + 17.5 = 35 m should be retained, thus ensuring also

adequate clearance to trees and vegetation closer to the conformity with the new

International Electrotechnical Commission (IEC) standards.

2. The presence of residential and other buildings inside the ROW is acceptable, as used in

other countries and allowed by the IEC Standards. Of course, the specified clearances

(vertical and horizontal) to conductors must be complied with, at maximum specified

conductor operation temperature of 65 degrees C, with the catenary vertical as well as

displaced by the action of strong wind pressure up to 30 degrees. Design and operation

precautions minimize the risk of conductor breakage or fall-down over buildings during

the whole industrial life of the T-Line including the commissioning period. Metallic roofs

shall be adequately connected to ground electrodes.


3. Houses with non fire-resistant roofs, such as huts, should be relocated outside the ROW,

unless these comply with the clearance of 11.3 m specified by the new IEC Standards.

Replacement of roofs with fire resistant type is also acceptable.

4. In the few cases, if any, where the specified clearances to buildings are not complied

with, corrective measures should be applied such as: modification of building structure;

increase of height of towers and conductors; and demolition of buildings in extreme

cases.

5. The specified clearance above unobstructed ground, recreational areas, and main roads

should be complied with by the T-Line contractor, without exceptions.

6. The exposure of people to 50 Hz magnetic and electric fields for 161 kV up to 240 kV

power lines is by far lower than the limits stipulated by the ICNIRP guidelines, by the

European Union directives and lower than the more precautionary limits stipulated by the

National Standards of some industrialized countries, as Italy.

7. Administrative and legislative measures should be enforced to forbid new residential and

public building construction anywhere within the 35 m ROW.

8. Compliance with the specified clearances and other measures and precautions to be

adopted, will ensure safety and health preservation of people. On the health risks of EMF

(Electro Magnetic Field) and EF (Electric Field) exposure, there is consensus about the

uncertainty of establishing a clear causal link between occurrence of debilitating illnesses

(including cancer) and electricity exposure. Additionally, there are many cases globally

where T-Lines with much high voltage have operated in urbanized settings, some of

which have about the same or higher electricity loads. In this connection, the World Bank

recommends, that for safety and health considerations, schools within the ROW would be

relocated. In addition, the World Bank’s International Finance Corporation (IFC) has

existing guidelines for environment, safety, and health impacts for electricity transmission

and distribution projects.

5.3.3 Implication for Resettlement Action Planning

The guidelines imply that relocation of structures and compensation of agricultural crops, trees

and other productive uses may be modified from conventional approaches.


Land acquisition limited to sub-stations and T-Line towers (with 5 m perimeter clearance for

tower maintenance)

Land acquisition for T-Line access way along a corridor for tower maintenance

Houses and other structures can be retained inside the ROW provided the conditions

(above) for safety and health are maintained

Encourage cultivations of crops inside the ROW, but do not allow planting of trees to meet

the vertical clearance limit. Farmers cultivating under the line and maintaining the ROW has

been shown to be an effective way of protecting the ROW from encroaches and

maintaining the land use and vegetation, reducing costly ROW line monitoring.

Resettlement and compensation costs will be substantially minimized.

5.4 Eligibility

The determination of eligibility for various types of compensation is framed both in terms of the PAP

categories in section as well as whether the individual PAP and affected property were present in the

project affected area before the resettlement cutoff date.

In functional terms, a resettlement cutoff date is the calendar limit on the project’s responsibility to

compensate impacts, by specifically defining date after which the public ‘should know’ not to make

improvements or settle on project land by virtue of public consultation and other communication

efforts. There are ample cases in sub-Saharan Africa where individuals or groups deliberately

establish themselves within a project footprint in anticipation of compensation benefit. The cutoff

date concept protects project owners from this opportunistic and potentially costly phenomenon,

which can significantly delay compensation of legitimate PAPs.

The cutoff date is most times determined by the timing in which key project activities such as census,

asset survey, aerial photography of project-affected area and data validation by competent

authorities are completed. For the 220kV Kawanda-Masaka transmission project, the cut of date

was set as the date when the sensitization and valuation exercise ended, i.e. 30 th October 2010 for the

Diversion and 18 February 2008 for original route. Any structure or garden established in the project affected

area after those dates shall be deemed speculative thus not eligible for compensation. This was explained to

all parties involved during the sensitization and consultation exercise.

From the Consultant’s past experience, speculation was minimized by using a one-on-one approach to inform


and sensitize the identified PAPs before print and mass media was used to inform the much wider public. All

those who came after a list of bonafide PAPs had been developed had to prove beyond reasonable doubt

they owned property before the cut-off date.

Affected households and persons that according to the WB policies are eligible for compensation will

thus include:

All those who have formal legal rights to land (including customary and traditional rights)

recognized under the laws of the country (Mailo Landowners, Leaseholders)

All those who did not have formal legal rights to land at the time the census began but had

claims to such land or assets (Bibanja holders/bonafide occupants)

All those who have no recognizable legal right or claim to the land they are occupying but

have property on the said land

Only those who had rights to property before the cut-off date

Based on the findings of the socio-economic survey and census a number of scenarios have

been discussed with the PAPs in order to determine their eligibility including loss of assets, loss of

livelihoods and loss of severance. A number of ownership situations have been observed and

compensation strategies developed. The figure below gives a framework for that analysis.


5.4.1 Loss of Assets

Guided by the Resettlement Policy Framework and the Families living on the ROW and the way-

leave will have their structures destroyed. These structures include houses and business

premises such as kiosks. The consultant undertook a comprehensive fieldwork to physically count

and asses the nature of assets likely to be affected by the project albeit with challenges. Loss of

assets will include:

Loss structures (Kiosks, stalls, residential and other buildings)Loss of agricultural land

Loss of Livelihoods: Some of the PAPs work at nearby centers and nearby roadside markets

scattered along the main Masaka Highways. Others reside at the rear of their business

establishment. Some business owners employ workers to within their establishments. Both

the employers and the employees in the affected establishments may lose income while

other PAPs earn an income by renting out their premises. In addition to this, it is observed that

some PAPs have grown trees and food crops along the ROW and way-leaves trace for

commercial purposes that are likely to be affected. Resultantly, these persons will not only

experience loss of income but also loss of their customers and market for their products.

Loss Due to Severance: In a number of cases, the transmission line will divide a piece of land

into two or more portions. This increases the cost of working the land by additional fencing

etc and some of the portions may be rendered uneconomic to manage. Under the land

acquisition act CAP 295, this loses are taken care of by adding ex-gratia payment of 15%

of the value of the assets acquired.

5.5 Compensation Strategy

In order to minimize the negative economic impact of improvement activities on agricultural

activities compensation strategy for situation 1 has been proposed however with height

limitations. In the case of annual crops, cultivation can continue on the same plot so as to operate

within their land with minimal disruptions and/ or disturbances.

In the case of temporary structures, one approach is to allow these establishments to set up

stalls/kiosks a few metres away from the project site. This will be effective for kiosks and stalls

that rely on the business of the nearby residential community. Shops such as canteens,

butchery, tailors and charcoal kiosks are good examples of businesses that can be relocated with


their original market. This would require dialogue with local leadership so that the livelihoods of

such persons are restored adequately. Vulcanizing shops, auto repair garages, photo

development shops, and other shops reliant on close proximity to the road may be relocated to

another piece of land if the new resettlement location allows easy access from the road. The

table below gives an illustration of the ownership strategy and compensation strategy for

transmission line that has been adopted in this resettlement action plan.


No Ownership Situation Strategies for compensation

1 Situation 1The plot lies partly within the way leaves corridor and is partly un affected. No structure.

Situation 1Such persons were advised to continue cultivation may continue within the way leaves corridor subject to height limitations. The loss of value resulting from this limitation will be compensated for in cash.

2 Situation 2The affected plot is partly within the right of way corridor, partly within the way leaves corridor and partly unaffected. No structure.

Situation 2In preparing this plan, land in the way leave will be subject to same limitation as in situation 1 and loss of value will be compensated on same basis. All rights on land within the right of way will be compensated for as if the land had been acquired. Perennial crops on this strip will be compensated as well. Land for land compensation will be offered as an option if remaining land is not sufficient for the household.

3 Situation 3The whole plot is affected, with a part within the right of way corridor and another within the way leaves corridor. No structure.

Situation 3Same as number 2. Land for land compensation will also be offered as an option if the household does not have sufficient land elsewhere.

4 Situation 4There is a structure in the affected part of the plot

Situation 4As far as land is concerned, situation 4 is same as situation2, but the structure has to be relocated. If the household can relocate within the unaffected part of their plot and the remainder is sustainable, same as situation 2, with the addition of the cash compensation for the structure. Otherwise an option between land for land and cash compensation will be offered together with a replacement structure if the household chooses land for land compensation.

5 Situation 5The whole plot is affected and there is a structure within the corridor.

Situation 5The PAPs must move. They will be offered land for land compensation and a replacement house. They may prefer cash compensation and relocate themselves.

6 Situation 6There is a structure in the unaffected part of the plot.

Section 6The structure does not have to be removed. Situation 6 is the same as situation 2.

. Table7: Illustration of the ownership strategy and compensation strategy for transmission line adopted from the resettlement handbook by IFC.

5.6 Entitlements

‘Entitlement’ as used in RAP is a term introduced as an organizing concept for how

compensation is assigned to individuals, and what type of compensation they receive. The

process begins with linking an array of affected asset types to an interest or legal right, then to

a potentially affected party who is deemed eligible or not according to specific conditions. If

qualified, the affected party is then considered ‘entitled’ to an appropriate compensation

package.

The right to benefits will only be granted to PAPs whose assets will be demolished and those who

will have to move their assets to a different location. UETCL will use prevailing market rates for

permanent structures, titled land and trees as practiced by the international valuation standards

committee (2008) rules and The Institution of Surveyors of Uganda valuation rules. UETCL also

has a policy that ensures that any cut or uprooted vegetation is left for owners use after

compensation. Assets that are not vegetative would require valuation before compensation and

resettlement.

For the 220kV Kawanda-Masaka project, the primary asset types that were evaluated are

agricultural land (of various tenure regimes), residential land, residential and non-residential

structures and standing perennial crops. The concepts are summarized below.

Agricultural Land: Titled agricultural land for which restoration of equally productive

land with equal legal standing is the required compensation entitlement

Untitled agricultural land for which is not replaced but rightful owner is compensated for

any immovable assets or improvements, as well as any standing perennial crop

Rented agricultural land, which is not replaced, but the rightful owner is compensated

for any immovable assets or improvements, as well as any standing perennial crops

Sharecropped agricultural land which is not replaced but the value of standing

perennial crops is compensated through an equitable split with the concession holder,

at a ratio of 70:30 for the sharecropper-concession holder

Residential Land: In the case of residential land replacement with similar lands

having equivalent title or rights as well as access to public services with cash

compensation provided for immovable assets is one option or Cash compensation taking into

consideration the diminution (use value) with cash compensation for immovable assets

Undeveloped Land: For which there is no compensation entitlement unless parcels of

comparable quality can be found to serve as replacements in resettlement area

Residential Structures: For owners, the compensation entitlement is replacement

with equivalent or better housing, on resettlement lands or cash compensation for the

house at full replacement value plus 30% disturbance allowance. For tenants, the

compensation entitlement is for full cost of moving to a new house plus a 30%

disturbance allowance

Non Residential Structures: Compensation entitlement is the full replacement value

plus a 30% disturbance allowance

Standing Perennial crops: Compensation will be the value of the crop plus a 30%


Affected & Eligible Businesses: Affected and eligible businesses are entitled to

compensation for the loss of income at full cost of resettling the business plus 30%

disturbance allowance and replacement cost of immovable assets, again plus 30%


Jobs at affected Businesses: Employees who lose permanent jobs are entitled to

cash compensation in the amount of 3 months equivalent pay; non-permanent employees who lose their jobs are entitled to cash compensation in the amount

equivalent to ninety days worked

Shrines: Affected and eligible parties are entitled to cash compensation of the

structure at full replacement cost plus a 30% disturbance allowance as well as the cost

of performing relocation rituals.



Entitlement matrix for the PAPsType of Loss Eligibility Criteria Entitlement Restorative

compensationRates

Loss of Land Various interest and rights – all title holder, freeholder, leaseholder, tenant, licensee

Compensation – for the area of the land affected at prevailing market value. Same as legal entitlement

Determined by the valuer on case by case basis depending on location

Main structure totally affected. (Residential/Commercial)

Owners of structures including kiosks and stalls in the project area who have no title declaration to the land or other acceptable proof of ownership

Compensation for the entire structure at replacement cost as determined by the valuation committee without deduction for salvaged building materials. Free transport for those who operate business in moveable containers such as fork lifting containers to relocation sites.

Same as legal entitlement Replacement rates determined by the valuers

Business Losses Loss of business income Loss of business goodwill Loss of rented income Loss of wage income

Business owner Business owner Business employees/attendants

Supplementary Assistance based: - average net monthly profit, - monthly rent passing, - equivalent of rent advance to be refunded - monthly wages earned,

Same as legal entitlement Value of income lost as well as the value of establishment of access to the same opportunities

Loss of business, Residential Accommodation or Room

Business/commercial/Industrial tenant Owner of building during the reinstatement period

Supplementary Assistance Based: comparable open market rent for alternative accommodation based on specific period (reinstatement period); and transportation rates for the transfer of chattels or movable properties

Same as legal entitlement Market rates

Loss of location for temporary structure – expense for moving structure

Owner of temporary structure Supplementary Assistance based on:- transportation rates for transfer of structure

Same as legal entitlement Value of income lost as well as the value of establishment of access to the same opportunities

Crops/Trees affected Owners of crops and trees Compensation for the crops and trees affected at prevailing market rates.

Same as legal entitlement District rates appended

Other fixed assets and/or Owners of fixed assets and/or structures Compensation in cash for affected portion of the structure including the cost of restoring the remaining structure as determined by the valuation committee with no depreciation no deductions for salvage building materials.

Same as legal entitlement Rates determined on case by case basis

Squatters along the transmission line route

Owners of businesses along the transmission line route

No compensation but they can collect their salvage material

Resettlement assistance equivalent to the entire structure at replacement cost. Free transport for those who choose to relocate elsewhere.

Prerogative of the implementing agency shall be applied

Electric, telephone and/or water connections

Project Affected persons with utility connections

Compensations to cover costs of restoring the facilities

Same as legal entitlement

Rates applied by the utility operators

Social amenities including water sources, electricity and re-vegetation

Communities whose members are affected by the project

To be restored sometimes even provide more as a corporate social responsibility.

Same as legal entitlement -


5.7 Responsibility and Schedule of Compensation Payment

5.7.1 Valuation Process and Methodology

Through community sensitization meetings, the RAP development team addressed the PAPs a

and gave them the : (i) The proposal to acquire the land; (ii) The public purpose for which the land

is wanted; (iii) That the proposal or plan may be inspected by the UETCL officials ; (iv) That any

person affected may, by written notice, object to the transaction giving reasons for doing so, to the

entities cited above within a period to be specified at the time of publication of the Notice.

5.7.2 Valuation of Land

The land asset types identified under Ugandan Law are:

State Lands,

Lands under traditional or customary rights.

Considering that there are forest reserves that have been affected and according to resettlement

policy framework,, State owned land may be allocated free or sold on a commercial basis to

individuals or communities by the Minister responsible for land administration. For cases where

the state-owned land is being used by the public (for instance as settlements, for farming, for

grazing or any other productive activity,) the individual or the community would be expected to pay

compensation. Privately owned property, would have to be compensated for at the market value.

The general guiding principle is that whoever was using the land to be acquired would be provided

alternative land of equal size and quality.

In the case where land under the customary rights valuation methods for the affected land

and assets should conform to customary laws and land assets would be valued and

compensated for according to the following guidelines:

compensation for assets and investments (including labor, crops, buildings, and other

improvements) according to the provisions of the resettlement plan,

compensation rates that were replacement costs as of the date that the replacement that

was provided,

the market prices for cash crops as per the district compensation rates,

Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page |Page | 67

5.7.3 Calculations for Compensation Payments and Related Considerations

In calculating the compensation payments a number of considerations were made including where

any land has been acquired under Land Acquisition Act, compensation will only be payable in

addition to the value of any improvement or works constructed on such lands:

for the loss of usufructuary rights over such lands in the case of land under customary

tenure, and

for the market value of such lands in the case of freehold land.

In estimating the compensation to be given for any land or any estate therein or the potential

profits thereof, the following were taken into account:

e) The value of such lands, estates or interests or profits at the time of the emission of the

notice to acquire, and will not take into account any improvements or works made or

constructed thereafter on the lands,

f) That part only of the lands belonging to any entity /person acquired under this Act without

consideration for the support of the value of the residue of the lands by reason of the

proximity of any improvements or works to be made or constructed by the program, and

g) The value of the lands acquired for public purposes but also to the damage, if any, to be

sustained by the owner by reason of the injurious effects of severance of such lands from

other lands belonging to such owner or occupier.

h) For cash payments, compensation will be calculated in Ugandan currency adjusted for

inflation. For compensation in kind, items such as land, houses, other buildings, building

materials, seedlings, agricultural inputs and financial credits for equipment may be included.

Assistance may include moving allowance, transportation and labor.

5.7.4 Compensation Options

Results from the socio-economic survey undertaken in 2008 suggested that 90% of affected

households preferred cash compensation, 6.4 % prefer in-kind compensation for the land lost and

2.6% were undecided. Furthermore, 72% of the affected people that would lose their houses

preferred cash compensation while 28% preferred the in-kind option. This team observed that the

strong preference for cash compensation irrespective of the size and type of loss could increase

the risk of misappropriation of such funds hence increasing the vulnerability of the PAPs. Hence

the team proposes that within the UETCL field team in charge of sensitization and awareness

raising to focus in financial management skills in order that the resettlement assistance and

livelihood restoration measures are adequately utilized by the PAPs. .


Consultations with PAPs further revealed that cash compensation should be an option for the

lightly affected households where income restoration support can manage to re-establish and

increase household production and income from the remaining land. For the more heavily affected

households, such as those who are losing houses and/or who will remain with plots of land that

are insufficient for them to secure their livelihood and income, in-kind compensation and

resettlement solutions should be negotiated and agreed to the largest possible extent.

Alternatively, UETCL could negotiate a combination of in kind and cash compensation.

5.7.5 Compensation Packages

The compensation and resettlement bill will be composed of the following;

Value on housing, land, and crops due to the claimants who will not be resettled

Value to resettle claimants who will prefer resettlement

Value on cultural property for those who will prefer monetary compensation

Value on cultural property for those who will prefer relocation their properties based on cultural

norms

Specifically, the following compensation categories were observed.

a.) Compensation for Land Compensation for land is aimed at providing for loss of crops and the labour used to cultivate the

crop. Compensation relating to land will cover the market price of the land, the cost of the labour

invested, as well as the replacement cost of the crop lost.

b.) Determination of Crop Compensation Rates Prevailing prices for cash crops would have to be determined. Each type of crop is to be

compensated for, using the same rate. This rate should incorporate the value for the crop and the

value for the labor to be invested in preparing new land.

c.) Compensation Rates for Labor The value of labor invested in preparing agricultural land estimated at the average wage in the

community for the same period of time. The labor cost for preparing replacement land that has

been calculated on what it cost a farmer to create a replacement farmland.

d.) Compensation for Buildings and Structures Compensation for buildings and other structures as a calculation of replacement costs for labor

and construction materials of these structures including fences, water and sanitation facilities, etc,

was used to calculate the values. Where part of the compensation is to be paid in cash the


applicable replacement costs for construction materials were used to calculate the values.

Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of

the structure. The affected persons will also be allowed to salvage any materials from demolished

structures.

e.) Compensation for Vegetable Gardens Vegetables are planted and harvested for daily use. Until a replacement garden can be harvested,

the family displaced (economically or physically) as a result of the program will thereafter have to

be compensated at the purchase prices of these items on the market.

f.) Compensation for Horticultural, Floricultural and Fruit trees Given their significance to the local subsistence economy, fruit trees will be compensated on a

combined replacement value. Fruit trees commonly used for commercial purposes in Uganda will

be compensated at replacement value based on historical production statistics.

g.) Compensation for Vulnerable People

An additional allowance will be included for vulnerable groups who may be unable to resume

agricultural production and\or be unable to benefit from retraining or income restitutions programs.


Table 9 Summary on the Methodology for Valuation of Affected Properties

Asset Basis of Compensation under Ugandan Law

Land

Valuation based on market rate of unimproved land plus a

15/30% disturbance allowance

Permanent House Valuation on case-by-case basing on materials and at

replacement cost plus a 15/30% disturbance allowance

Non-Permanent House Valuation based on approved official district rates with

type of material, and condition taken into account plus a


Other Structures (Graves, toilets, plate

racks, etc)

Valuation based on the approved official district rates with

type of material and condition taken into account plus a


Crops/Trees Valuation based on the approved official district rates and

a count plus a 15/30% disturbance allowance

5.7.6 Compensation Procedure

General guidelines on compensation payment suggest that payment should be made in the

following ways:

(a) By agreement between the project developer (public or private) and the PAPs or entities

(individuals /households /communities;

The project developer will offer such sums deemed adequate as compensation to the

entity who may accept that amount as compensation payable to him or her;

Such sums will be disbursed directly to the beneficiary entity with the relevant records of

payments including the information stipulated in chapter 5 (land acquisition mechanism)

consigned to the RAPs and the records of the appropriate local government authority.

(District land board).

(b) By court order on the amount of compensation where this has been the subject of

litigation between the project developer and the Affected Entity.

In this regard, this RAP development team recommends that a Compensation Payment

Committee be formed to draw up a payment plan, which ensures payments do not delay. A

verification team consisting of LC1 Official of the affected area and UETCL representative should

be set up. The team shall work hand in hand with local authorities at village level before the actual

payment takes place. After verification, compensation lists need to be updated before actual


compensation can take place. This whole process should take eight weeks.

The guiding principle in compensation is payment for the way leaves and right of way shall be

done when all disagreements in a given section of the transmission line have been sorted out.

Disclosure

A compensation committee will carry out public disclosure of the compensation. We propose a 3-stage

process below;

First stage disclosure meetings by the verification team at any convenient place in the affected

villages with area LC1s to explain the principles of compensation for different types of loss.

Second stage disclosure meetings at village level with individual PAPs during which results of land

and property assessment will be disclosed to them. The list of each affected individual with no

amounts is then published.

Third disclosure meetings with individual affected households at an appropriate place in the

affected village. At this stage, the proposed compensation for land and other affected properties

will be discussed. Family members have to express their consent at this level as required by

Section 40 of the Land Act.

If the deal is agreeable to both parties, a Compensation Certificate will then be signed.

Payment Procedure

Compensation should only be paid in cash if the amount is less than UGX 100,000 UGS otherwise

payments should be made to bank accounts of beneficiaries. Beneficiary households should be

encouraged to open bank accounts at banks of their choice.

Each person who receives compensation will sign a compensation payment certificate clearly showing

different compensation amounts for land taken, land developments (crops, trees, structures) as well as

the disturbance allowance. Beneficiaries should also sign titled or untitled land transfer form. For

purposes of transparency, the signatory parties should include;

The Compensation Recipient/Claimant

UETCL Compensation Committee Representative

The LC1 Chairperson

Independent Witness NGO Representative

The Land Officer of the District


6 RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION

This chapter details the specific component plans of the RAP in particular aspects of physical relocation

of people and cultural resources, including selection of candidate resettlement sites, site preparation,

construction, replacement of farm fields and assistance with moving; provisions for livelihood

restoration, assistance during the transitional period, provisions for parties impacted during early

construction and resettlement management.. In general the project currently requires 754.9 acres for the way leaves while 110.4 acres are permanently needed for the RoW. Additionally from the data

collected and analysed, UETCL will require about 120 acres for purposes of resettlement while 12

acres per camp in the 3 districts will temporarily needed as storage or lay down area during

construction. Owners of the latter land will have to be compensated for the disruption during the lifetime

of construction activities. Included here below are resettlement and livelihood alternatives to be offered to

affected household and people. These alternatives take into account the requirement of WB OP 4.12 (6a).

6.1 Relocation Planning

WB OP 4.12 (6a) requires any resettlement plan to include measures to ensure that displaced persons

are consulted on, offered choices and provided with technically and economically feasible resettlement

alternatives.

6.2 Eligibility for Physical Relocation

Households and persons eligible for resettlement will include a ll affected households whose principle

place of abode (family home) is located within the transmission line corridor that will be permanently

acquired and all households where the project takes over 50% of land leaving them with no

economically viable livelihood.

6.3 In Kind Compensation Packages

Based on the eligibility, a number of resettlement categories were identified for those that are likely to

be physically displaced; the next section is a presentation of these resettlement categories.

6.3.1 New Housing

Resettlement implies construction of residential houses and auxiliaries at the new sites. The

new houses should be designed in consultation with those that will be physically displaced.


6.3.2 Alternative Relocation Sites

From the socio-economic survey, most affected people especially the elderly preferred to be

resettled within or as close as possible to their old communities/homes. Relocation within the

old communities is possible for the rural areas but will involve negotiating with the mailo

landowners for equivalent parcels of land. However resettlement sites were identified at

Kanaani, Lukaaya, Kyalusowe and Bajja A within the same districts which the line

traverses.

6.3.3 Replacement of Agricultural Land

Replacement of agricultural land for eligible PAPs will be dependent on availability of

replacement agricultural land in sufficient size and potential. All sites identified will require

preparatory work which may include;

Tree felling and bush clearing

Deep ploughing, preferably mechanical

The guiding principle in land allocation should be surface area for surface area (one square

meter of lost land deserving one square meter of resettlement land) with a minimum area of

0.75 hectare per affected resident household.

6.3.4 Moving Allowance and Moving Assistance

Resettlers will be provided with a moving allowance of USD 200 per household subject to the

household actually vacating the current land by the date agreed with UETCL. This allowance

is intended to cover expenses such as vehicle hires and labor required moving personal

belongings to new sites.

Where salvaging of material is necessary, PAPs will be allowed to salvage any material from

the structures they currently own. These materials (such as iron sheets, tiles, poles, and

others) will be transported by the resettlers at their own cost.

6.3.5 Physical Relocation of Graves

The owners of the land where the graves are located expressed the need for assistance during

their relocation if any is to take place. Compensation for property is included in the total

compensation awards. However the design of the line is as much as possible avoiding any

relocation of the shrines and graves.


Based on the views of the affected persons, relocation of graves shall be based on cultural

requirements. According to the Baganda culture, relocation of ancestors requires mobilization

of clan members, logistics and necessary documentation. Animal sacrificing must be done

before the bodies are exhumed and reburied.

From the discussions with the affected persons, basic requirements needed to go through the

ceremony successfully include; animals (goats, chicken and cows) for sacrifice, food, transport,

materials for replacement of graves, and money for coordination and paying of labor. The cost

of arranging rituals and relocating one grave is estimated at UGX 250,000 (or USD 150). For

the 164 graves that will need relocation this will amount to USD 18,000.

6.4 Land requirement for Resettlement

Resettlement usually affects men, women and vulnerable groups differently in terms of needs

and opportunities for access to land, resources, employment and markets. Resettlement

involving physical relocation of people affected by the project will be done with critical

consideration of following components.

Criteria for selecting candidate resettlement sites

Relative suitability of candidate sites

Steps necessary to finalize selection of candidate sites

Characterization of resettlement plots

6.4.1 Site Selection Criteria and Preparation

The candidate resettlement sites which include: Kanaani, Lukaaya, Kyalusowe and Bajja A

villages were identified using the following criteria;

Proximity to the current location these sites are within the affected villages this avoids

breaking up communities because the maintenance of the social networks linking

members of the affected communities is critical to the successful adaptation of these

communities to the new circumstances.

Availability of large tracts of uncultivated agricultural land, similar or larger in size to

the current area

Suitable surface topography for establishment of a human settlement

Induced development as a result of in-migration


6.4.2 Relative Suitability of Candidate Sites

Candidate sites were sought in areas that offered the closest possible proximity to the

existing villages, while still placing relocated residents outside the sphere of project impacts.

Preliminary reconnaissance of the sites was done. The initial valuation indicates the sites

are suitable for resettlement purposes but in-depth analysis of water availability, topography

and cultural acceptability are currently taking place.

6.4.3 Final Resettlement Site Selection

Final selection of resettlement sites of Kanaani, Lukaaya, Kyalusowe and Bajja A was

guided by;

Presentation to communities of the pre-identified resettlement sites and discussion of

their acceptability

Further discussion with Resettlement Committees

Selection of best site

Visit to selected sites with the Resettlement Committees

Validation of choice in general meetings with PAPs

Securing land on resettlement sites

Characterization of Resettlement Plots and Houses

Houses will be replaced based on the following guidelines;

Entitlement; the guiding principle will be ‘house for house where one replacement

house will be provided to each affected residential house

Every resettled household will receive one pit latrine, with double brick-lined pits

regardless of the number of secondary houses

Ancillary structures such as kitchens, sheds, racks will be compensated in cash with

resettlers expected to rebuild them.

The team used experience from the Bujagali Interconnection Project and other projects in

Sub-Saharan Africa to propose considerable detail on the dimensions, layout and

construction of houses and ancillary facilities in the resettlement villages. The primary

residence will be 60 square meters in total area and will have cement foundation, inside

partitioned into four rooms, with fired plastered brick walls, corrugated iron roof and


wooden doors and windows.

Ancillary infrastructure considered for the resettlement villages included;

Roads, streets and other public spaces

Potable water, liquid and solid waste management structures and facilities

Community facilities including schools, churches, playgrounds and cemeteries.

6.5 Resettlement Scheduling

Resettlement implementation needs to be orderly and for this reason, a resettlement office/team is

recommended. This office/team should contain at least a female member to take care of issues to do

with female PAPs.

Construction of new houses and relocation of people should be completed within the preparatory stage

of construction and before the beginning of relevant engineering works. Affected houses should not be

demolished until the beginning of the construction. At that stage all new houses will have been built.

Thus, resettlement and relocation needs to be scheduled well ahead of the 6 months notice period

from the cutoff date.

Land evacuation should be before the beginning of construction works. Since the PAPs are to

evacuate the land at the latest 6 months after compensation, UETCL should provide replacement

agricultural land 6 months before evacuation so that evacuees can adequately prepare for the new

agricultural season.

Where a 6 months or more notice period is given, the PAPs are entitled to a 15% disturbance

allowance on top of their total compensation. Where a shorter notification period is necessary, the

PAPs will require a 30% disturbance allowance. For contingency planning a 30% disturbance

allowance was used in determining compensation figures in the Valuation Report (Volume 2).

Before physical relocation, it is important to ensure that all resettlers have:

been involved in the resettlement planning

timely received compensation entitlements

been provided with means to establishing livelihoods


6.6 Land Requirement for Storage

The storage yard for the planned transmission line construction is expected to be the base for a fleet of

standard vehicles characteristic of the anticipated project works. It is anticipated that the following

vehicles and equipment will be required:

One large crane for handling goods within the storage yard;

Trucks of various sizes, some fitted with Hiab or Atlas-type

hoists for unloading materials and equipment at each tower site;

Mobile cranes;

Tractors with winches;

Cable stringing pullers;

Pilot line winders;

Cable stringing tensioners;

Cable reel carriers;

Truck/trailer mounted water tanks;

4-wheel drive vehicles;

Compressors with pneumatic equipment such as rock drills; and

Concrete mixers.

Twelve acre of Land per district will temporarily be required for storage of the above mentioned

machinery and also for accommodation of some project staff who will have been imported from

other regions especially the skilled manpower.

Selection and preparation for a storage site must be chosen through consultation with the owners

of the land. The contractor will then hire the land or structure from the owners at an agreed rate.

No equipment storage yards and camp sites will be established inside the protected areas, near natural

water sources, ecological sensitive area and human sensitive areas.

After the construction of the line these sites must be decommissioned. Therefore, the practical

decommissioning will involve the following:

Restoration the sites through levelling and re-vegetation measures;

Removal of obsolete equipment and associated equipment parts;


Demobilization and return of imported labour force after the project;

Grievance management mechanisms with the host communities before site closure;

Repairs of damaged roads and restoration of access routes and rout deviations;

Removal of construction debris and unused materials.

6.7 Cultural Mitigation Planning

6.7.1 Background

The construction of the 220kV Kawanda-Masaka transmission line project will affect several

cultural properties, artefacts and other places of cultural significance, including graves and/or

g ra ve ya rds . UE TC L w i l l con t i nue to ho ld con su l t a t i o ns w i t h ca re ta ke rs o f

t hese i d en t i f i e d properties/artefacts and come up with proposals for assistance in their

appeasement and relocation.

Some of these properties will be directly affected by the right of way which will be fully

acquired by UETCL while others will be in the way leaves which will be affected by the

easement. In either case, the restrictions will deny the current owners/caretakers and/or

users of such property rights to free use or access thereby impeding them from excavation

or construction. This effect cuts across all the cultural properties as outlined later regardless of

actual location of the item(s) within the corridor. It is therefore logical for UETCL to facilitate the

processes of total relocation.

6.7.2 General Objective:

The overall objective of the Culture Mitigation P Ian (CMP) is to ensure that the project is

implemented with full regard and respect to the traditional beliefs and practices of the affected

persons/societies while equally ensuring that the acquired corridor is free from encumbrance

of any issue. Thus, UETCL will facilitate the transfer and settlement of the cultural artifacts

found within the designated corridor and where necessary preserve as much as possible all

cultural religious spirits/objects found therein, basing on the full knowledge of the

project area inhabitants through intensive and extensive consultations.

6.7.3 The Properties

The properties under' consideration will be limited to the following four major categories;

Graves or graveyards (burial grounds)

Shrines (with physical manmade structures known as amasabo Shrines (with natural physical symbolic elements like trees, rocks, etc)

Places of worship; churches and mosques.


6.7.4 The Approaches

During the assessments and consultations, participatory approaches were used and involved the

following stakeholders;

1. Individual concerned stakeholders/households. (caretakers)

2. Village culture committees.

3. Uganda Traditional Healers and Herbalists Association ( for the cases of healing shrines)

4.The Kingdom of Buganda for guidance and policy

5.Local administration leaders.

6. Independent Witness NGO.

7. District departments in-charge of culture issues (Community based services

departments).

8. Ministry of Tourism, Wildlife and antiquities.

9. Steering and management committees of churches/mosques.

In general, the approaches proposed in this document are based on the assumptions outlined

below;

Relocation procedures need to be undertaken before construction work commences to

ensure that traditional religious beliefs and practices are respected and to the extent

possible cultural objects are preserved.

Spirits/objects must be found new dwelling places and the transfer and settlement rituals

carried out by facilitating the caretakers.

Members of the project team, particularly those that are new to the area should be made

aware of the customs, beliefs and practices and ensure that they are respected.

Graves and shrines were compensated for as fixtures but this did not include the expenses for

the relocation or appeasement rituals.

Places of worship like Churches and mosques were taken as affected structures but with

an understanding that the effect spreads to the community’s belief system and not just an

individual. Most importantly, facilitation of the rituals or processes of

relocation/appeasement by

UETCL will be limited to only the key elements highlighted in the consultations.

Facilitation for Churches and Mosques;


Since these institutions serve the surrounding communities in terms of upholding the belief

systems and normative behavior, UETCL will use an approach of restoring such institutions in a

better condition and as much as possible within the same localities. UETCL will align restoration

package to the overall resettlement package and will offer building materials and labour money,

including a moving allowance for the furniture and other items. Identification of sites for the

restoration of the institutions will b y the institutions Management committees thus will not

constitute a cost to UETCL.

Facilitation for relocation of Burial grounds

Taking cognizance of the importance that Africans attach to the dead, UETCL has taken

measures to assist in the ceremonies, rites and rituals for the relocation of graves or burial

grounds if any takes place. From the consultations held, the practices are somewhat

similar in terms of the material needs and requirements regardless of tribe and only differ in

the distance of relocation as well as detail of rituals. In this regard, UETCL will facilitate

relocation activities by providing funds for the items listed in table 10 below;

Table10: Items Required for Relocation of Burial Grounds

No. ITEM AMOUNT1. W Labor for exhuming graves, 20,000/= per grave

2. Wrappings (Bark cloth &

Sheets)

40,000/= per body3. Rit Rituals (Chicken) 20,000/= per grave4. Rel Religious/Cultural facilitator 100,000/=(Fixed)5. Tra Transport (for 50km radius) 300,000/=(Fixed)

6. Lal Local brew (40Itrs) 40,000/=(Fixed)

However, the total package will depend on the number of graves to be relocated.

Facilitation for the Appeasement of spirits and relocation of shrines;

In similar manner, UETCL recognizes the importance that people attach to certain cultural

practices and beliefs in as far as the spiritual aspects are concerned. In most

African communities, shrines and their caretakers are regarded highly and revere d as

places of worship or personification of spirits. It is from this background that the approach for

assistance in the relocation activities is tied to the outcome of consultations with the

caretakers of shrines as well as the cultural bodies managing and coordinating the


practices. Considering that the fixtures/structures have been compensated for during the

general compensation, UETCL will provide funds for the appeasement ceremonies and

relocation activities specifically to cover the following aspects shown in table 11 below;

Table 11: Aspects to be covered during Compensation

ITEM UNIT AMOUNT (@) TOTAL (UGX)Muswezi 1 120,000 120,000

Cow (Local) 1 300,000 300,000

Goat (local) 1 60,000 60,000

Sheep (Local) 1 80,000 80,000

Birds (Hens & Pigeons) 4 13,000 52,000

Backcloth 1 20,000 20,000

Tobacco (sheath) 1 10,000 10,000

Local Brew (ferry cans) 2 25,000 50,000

Coffee beans (bunch) 1 5,000 5,000

TOTAL 698,000/=

This commitment for facilitation is in line with best international practice basing on general lender

guidelines and safeguard policies. Individual facilitation packages will be processed

and approved once this general approach has been approved by the project manager.


7 COSTS AND BUDGET

7.1 Resettlement Costs

An estimate of the replacement costs of the structures to be demolished along the power lines

construction and from the power sub-stations in Kawanda and Kyabakuza in Masaka has been carried

out by a licensed valuer appointed by UETCL for the exercise. It is from this that the compensation

amount of the affected households will be determined

The compensation budget for the project affected persons so far computed amounts to UG Shillings

30,232,095,086.20 including 1.5% of the transmission line project costs of for implementation of the

RAP by an external agency see table 12 below for details.

Table12 Estimated Resettlement Costs

Category Amount

1. Total Valuation of Land 17,830,412,683.49

2. Valuation for crops/plants 2,465,165,880.00

3. Valuation for buildings/improvements 5,604,695,659.01

Sub-Total 25,900,274,222.50

4. Disturbance allowance 15% 3,885,041,133.37

Sub-Total 29,785,315,355.87

5. External Implementation agency 1.5% 446,779,730.33

Grand Total 30,232,095,086.20

7.2 Lessons Learnt and Best Practices

According to the Ugandan resettlement practices, UETCL will be responsible for the financing of land

acquisition and resettlement costs under the project. UETCL will also sign compensation agreements

with the PAPs when they receive the compensation packages. However, drawing from the

Consultants experience from RAP activities in the region, land-for-land compensation should be

favored since it protects the more vulnerable in the community especially females and children.

Experience has shown that cash compensation is less beneficial to these categories of PAPs as it is

subject to abuse by the male beneficiaries. This is truer in the rural Ugandan setting where women

and children have little say in family affairs. Implementation of Section 40 of the Land Act (Consent of

spouses must be sought) will put the female spouses at equal level. Further, it is important that values

set for the properties are agreed on by both the Chief Government Valuer (CGV) on one part and the


Project Affected persons on the other, and published. In addition disclosure of entitlements to each

household is very critical to avoid the PAPs disowning both the valuation rates and the entitlement

packages prepared for each household.


8 ORGANISATIONAL RESPONSIBILITY AND IMPLEMENTATION PLAN

The project implementation timeframe is not definite as the start date was not indicated in the TOR.

However, all the residents in the corridor including PAPs were eager to be given clear timeframe

as well as be furnished with the duration (months) they will be served with notices to relocate.

8.1 RAP Implementation

The RAP anticipates that the project implementation schedule will consist of three phases namely

preparation, implementation and post implementation. It mainly will include works such as clearing

of the access roads, areas for materials and construction workers’ camps. The resettlement

schedule for land acquisition, house demolishment and relocation will be coordinated with UETCL.

The implementation of the RAP will be undertaken by an external agency that will report to UETCL and

requiring collaboration from all the stakeholders. This requires a properly constituted structure for the

administration of the same.

The RAP Implementation schedule and key activities anticipated prior to, during and after are

outlined in the following table 13:

Table13: RAP Implementation Schedule and Key Activities

Activities PeriodInvestigations on the prevailing Socio-Economic and Environmental conditions, undertaking a detailed RAP, drawing resettlement schedules and finalization of Investment costs.

First 8 Months

Constituting and operationalization of all Resettlement agencies including training of staff

5 Months

Awareness Campaigns Continuous Identification and agreement with PAPs, construction of access roads to materials sites and workers camp

7-9 Months

Construction of the transmission line Months 18 onwardsPost-construction period e.g monitoring of PAPs progress and functioning of the facilities

Within the lifespan of the project


8.2 Organisational Responsibility

The organizational structure elaborates on the roles of various stakeholders in the implementation and administration of the RAP. It further clarifies the roles of PAPs and their responsibility in the entire exercise.Box 1.

8.2.1 UETCL – Resettlement Unit

The structure of the unit shall be as follows: Legal Advisor, Surveyor, Transmission line Engineer,

Social-economist, Transmission line RoW and Way leaves Officer, an Environment Officer,

Community Liaison Officer, Database Officer, and Registered Valuer.

UETCL Resettlement Unit will be responsible for:

i. Oversee the implementation of the RAP

ii. Oversee the formation of the PAP committee (PC)

iii. Ensure maximum participation of the affected people in the planning of their own

resettlement and post resettlement circumstances.

iv. Accept financial responsibility for paying payment or compensation and other designated

resettlement related costs.


UETCLResettlement Unit

Related Local Government Departments like Lands Tribunals, LCs

Monitoring TeamPAP Committee

PAPs

v. Ensure detailed valuation of the structures in order to determine the case to case value of

each component of the project and agree upon a value for compensation.

vi. Pay the people compensation to amounts agreed.

vii. Ensure monitoring and evaluation of the PAPs and the undertaking of appropriate remedial

action to deal with grievances to ensure that income restoration are satisfactorily

implemented.

viii. Ensure initial baseline data is collected for the purpose of monitoring and evaluation report

as per the indicators provided by the RAP.

8.2.2 PAP Committee (PC)

Under the guidance and coordination of UETCL, the PC will be formed one week after the

formation of the UETCL Resettlement Unit which will act as a voice PAPs. The committee shall

comprise of following: two PAP representatives, LC representative, District Valuer, District

Surveyor, District land Adjudication and settlement officer and District Social Development

Officer and Sub-county/Parish Community Development Officers.

The PC will be concerned with the following;

i. Public Awareness: - includes extensive consultation with the affected people so that they can

air their concerns, interests and grievances.

ii. Compensation;

Involves ratifying compensation rates and also serves as dispute resolution body to negotiate

and solve any problem that may arise relating to resettlement process. If it is unable to resolve

any such problems, will channel them through the appropriate grievance procedures laid out in

this RAP.

8.2.3 Related Local Government Departments

i. Guide the compensation exercise by providing valuation approved valuation rates

ii. Participate in the grievances that may arise

iii. Provide the legal guidance and participate in grievance mechanism incase the PC fails.



9 PUBLIC CONSULTATION AND DISCLOSURE

9.1 Introduction

The World Bank and GoU guidelines require the people likely to be affected by a development project

to be consulted so that their views and fears are incorporated in planning. Community perspectives are

important for project planning and implementation. Knowledge of what the community perceives will

go a long way to help during the compensation and resettlement action plan. Therefore, during the

RAP process, consultations need to be conducted with relevant stakeholders, including potential

beneficiaries, affected groups, Civil Society Organizations (CSOs) and local authorities about the

project’s environment and social aspects and their views considered.

To meet this requirement, the RAP team held public consultations in areas that were considered hot

spots (areas with high settlements and heavy encroachments) along the existing power line. These

included Senge village, Kayinga village, Kawoko village, Kigoma village and Kagaba-Nanuwojo villages

in Wakiso, Membe, Mpami-Lufuka, Kalagala B, Kalagala – Lwanga, Kalagala – ziwungwe, Mpambire,

Nambi, Bubuule, Bukooza, Kiswa A,Bwamulamira, Nabbuzi, Kyabadaza-Ntula, Kabuye-Bumbu,

Kabuye-Ntayi, Buwama B, Kasibikamu, Maggya, Kanaani, Mbizzinya, Nabusanke, Kasuubo, Jandira,

Lubanga and Kayunga in Mpigi district. The updating exercise is still going on in the following villages:

Lutente, Lumumba, Kalungi, Mwota, Nabisoga, Bajjaa, Kayunga, Lukuli, Kasas west, Makoko, Kisanje

West, Lutengo, Kabale, Vvuma, Matanga, kiwanyizi, Kaddugala- Nsagamu, Kyalusowe, kalagala,

Mulema, Kitenga, Kalagala kiteredde, Kamugobwa Namasenene, Mwalo and Luteete in Masaka

district.

During the field study, the RAP team was interested in gathering views about community perceptions

and fears about the proposed transmission line project in order to build consensus and support for the

project. The main issues of socio-economic concern were cultural and communal property, cultural and

social cohesion, and community mobilization for the project, community participation in identification of

resettlement alternatives and identification and protection of the interests of vulnerable groups. During

the consultation meetings issues discussed included socio-economic impacts that might arise due to

the project, how to minimize these impacts and compensation modalities.


9.2 Stakeholder Analysis

9.2.1 Stake Holders Consulted

Stakeholders are groups of people connected to one another through formal or informal ties,

which have something to gain or lose from a proposed development initiative. Stakeholders in any

project will include various social groups, formal and informal agencies in public and private

sectors and NGOs/CBOs. NGOs/CBOs are particularly beneficial for the development plans when

they work together in coalitions, pooling their resources and lobbying efforts.

A number of key stakeholders were involved in the community participation component of the RAP

baseline study. Consultations were done through Village meetings, focus group discussions, key

informant interviews and socio-economic surveys.

Consultations were carried out with four groups of stakeholders, namely;

Directly affected persons

Indirectly affected persons

Government Agencies

Non-Government Organizations

Directly Affected PersonsThe directly affected persons are the people who reside in or derive their livelihood from the zone

of direct impact (ROW & Way Leaves). The directly affected persons were consulted about

relocation, livelihood and income restoration possibilities. The directly affected persons will be the

core target of the socio-economic census during the resettlement action plan.

Indirectly affected PersonsThis group included persons who reside near the project area or rely on resources (such as water,

pasture land, wetlands etc) likely to be affected by the project. This group of stakeholders will

have to change or adjust their living patterns when the construction of the transmission line starts.


Government Agencies

Under the present arrangement of decentralized system of governance, power belongs to the

people and therefore, the role of the local communities in decision-making is critical. Most

importantly, the Local Council II now best handles land issues. The LC system will facilitate easy

identification of genuine owners of property likely to be affected.

The Local leaders, mainly LCIs and LCVs of the districts of Wakiso and Mpigi were consulted.

Other officials consulted were District Environment Officers, RDCs, District Engineers and Chief

Administrative Officers.

Central, Local government and private agencies responsible for ensuring a healthy environment

were also consulted. The agencies consulted were:

National Environment Management Authority

Local Government Departments

Wetlands Inspection Division

National Social Security fund

Kawanda Agricultural Research Institute

Uganda Electricity Distribution

Ministry of Energy and Mineral Development

Electricity Regulatory Authority

Non-Government Organizations and private institutions NGOs and private institutions operating in the districts through which the proposed transmission

line passes were consulted about their experience on implementing projects within the community.

The NGO opinions on restoration strategies and fund handling during compensation were of

particular interest. These institutions include Buganda Land board, National Social Security fund

and others.


Table 2: Summary of Stakeholder AnalysisSTAKEHOLDER IDENTITY FUNCTION INTEREST

Project Sponsor

Uganda Electricity Transmission Co. Ltd

Planning and Project Development

Implementing the project

Achieving project targets

Controlling budget activities

Liability to the PAPs

Rele

vant

Gov

ernm

ent D

epar

tmen

ts

Ministry of Finance, Planning & Economic Development (MFPED) Providing financial

resources for expropriation and resettlement

Providing financial resources for micro-credit for income and livelihood restoration

Ensuring adequate budget is allocated to the project

Providing cash flows

Ministry of Lands and Urban Planning

Office of Chief Government Valuer (CGV)

Approving District Valuation Rates

Approving expropriation and Resettlement Budget

Ensuring that valuation rates are consistent with relevant provision of the Constitution and Land Act

Commissioner Surveys & Mapping (CSM)

Controlling cadastral works and plans

Approving cadastral maps of project affected areas

Lands Office (LO)

Registering and Transfer of Land Titles

Ensuring genuine titles are owned and transferred

Rele

vant

Gov

ernm

ent D

epar

tmen

ts

Ministry of Water, Wetlands and Environment

National Environment Management Authority, (NEMA)

Controlling environmental issues during project implementation

Ensuring that effects of the project on environment are minimized

National Forestry Authority, (NFA)

Controlling Central Reserve Forests

Ensuring CRFs are not degraded during project implementation

Directorate of Water Development, (DWD)

Ministry of Energy & Mineral Development Energy production and

management of mineral development in Uganda

Decision for the implementation of the project


Request for degazetting of portions to be acquired for the transmission line

Loca

l Gov

ernm

ents

District Local Government (Wakiso, Mpigi, Masaka)

Administration and development of the district

Execution of public services

Ensuring resettlement is executed according to law

Ensuring PAPs are taken care of

Coordination between local government organizations and relevant stakeholders

Losing administrative buildings

Monitoring resettlement and execution of administrative works

Monitoring construction of relocation sites

Formation of local resettlement committees

Loca

l Gov

ernm

ents

LCI Councils (Wakiso, Mpigi and Masaka Districts)

Representing communities

Executing administrative management of the villages

Providing information and assistance for resettlement implementation

Main channels of communication during resettlement implementation

Act as local key informants

Identifying and verifying rights to property lost

To avoid/minimize any adverse effects of the project

Proj

ect A

ffect

ed P

erso

ns (P

APs) PAPs whose houses,

associated structures and/or lands are affected

Losing their assets Getting a

commensurate expropriation

PAPs who would be economically displaced due to adverse impacts of the project

Losing their sources of income without taking any expropriation

PAPs who do not have any physical assets or land but secure their livelihood through

Losing social support networks and/or customary rights to common properties


social support networks and/or customary rights to common properties in the project affected areas

and means of livelihood

Potentially Vulnerable Groups

Project impacts more negatively to people who are relatively powerless

Host

Po

pula

tions

Various resettlement sites

Limitation in access to common properties

May face difficulties in getting used to new people


9.3 Stakeholder Engagement

Project stakeholders include communities, groups, individuals and organizations likely to be affected

directly or indirectly or may exert positive or negative influence on the project. The community

perspectives study was done using Focus Group Discussions (FGDs) with men, women, the elderly,

youth, widows/orphans and disabled persons along the transmission line corridor in the two districts .

Other methods used by the RAP team include key informant interviews/meetings held with key

stakeholders throughout the transmission line corridor and household survey questionnaires with a

sample of household heads of the directly affected households.

Before the meetings were convened, members of the RAP team visited a Local Council I leader to

introduce the subject and assist to mobilize the community, who own land along the transmission

line corridor, for a meeting. Letters of introduction were issued by UETCL to all Local Councils and

District authorities for the purpose were given. Others in attendance include Local Council

executives, the community affected persons, local councilors, opinion leaders, and other residents of

the area who may be interested. Annex 3 of the report gives a full list of people consulted.

9.3.1 Approach And Thematic Areas

Community consultation and sensitization involved a participatory approach in which the RAP

team described the pre-, during, and post- construction activities planned and informed the

community about the compensation and resettlement issues as well the schedule of activities.

Then the community was given opportunity to respond by asking questions or making

comments about the planned project activities.

The following emerged as key themes of the consultations;

Community sensitizations

Cultural and Communal Property

Community Participation in the Project

Compensation and Resettlement Alternatives

Entitlement Cut-Off

Vulnerability

Grievance Redress

Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 95

9.3.2 Community Sensitisation

During the meetings community members were informed that this activity (RAP process) was

mandatory and a legal requirement by the laws of Uganda. They were informed that projects of

this magnitude had great impact on their livelihood therefore their views were vital.

In all the meetings, a majority of the participants were aware of the project but expressed fears

that they were subjected to threats of forceful eviction without compensation in the previous

consultations. Participants emphasized that proper community consultation by professionals

should be carried out if this project is to progress with minimum interruption the community.

The quotation below summarize the mood of some of the affected persons.

“Am stressed and am living under fear. I don’t know what do because I have been told that they are going to demolish my house. I have been told not to add anything thing to the house because they took its pictures. I need to know when construction of the power line will begin and when compensation will be effected” (said Mr. … of

Kigoma village, Wakiso district)’’.

The district officials also emphasized the need for clear and proper information dissemination

because most rural community members are illiterate. The DEO Wakiso district suggested that

Local Council leaders should be sensitized first before the communities are consulted.

Sensitizations could take the form of workshops for local leadership and radio talk shows and

spot messages for the general communities. The district leaders however pledged to help in

the mobilization and sensitization of the communities. The quotations below capture the

concerns of the local leadership in the districts.

“These are very important Government programs because they benefit the whole country so it is better if the local council committees in the affected areas are all sensitized before the community is involved because these people play a very role especially where it comes in convincing the local people.” (District Environment Officer Wakiso District)’’.

The team has recommended a number of information sharing mechanism in this plan in order

to allay these fears.

Compensation and Grievance RedressThe RAP team highlighted to the community the available compensation packages and the

issues pertaining to each. The land for land compensation and the cash for land options were


discussed. The option of paying land for land was discussed with the community and it was

found out that it is associated with looking for land, negotiating for a price with willing sellers,

before it can be transferred to the affected persons. However the decisions to take land for

land were made on individual basis and most of the PAPs preferred cash compensation. The

project affected people also agreed that a third party will review the disputes that the parties will

encounter during the actual compensation process.

Moreover, to ensure cash compensation paid is not wasted, they were also informed that a

local Non Governmental Organization will be engaged to sensitize them on how to gainfully

utilize the money paid to them. This is so because in most cases community members have

tended to misuse the money only to end up being in worse situation than before the project was

implemented.

Another issue of contention is the timing of compensation. Communities expressed

unhappiness with the way compensation is handled in Uganda. The community members were

further informed that during the compensation exercise, agreements will be signed between the

two parties to ensure smooth compensation process, which is transparent. Each of the

landowners shall sign on the verification form and witnessed by the LC1 Chairperson of the

respective village. The LC1 Chairperson shall counter sign a certificate of completion.

They were however concerned about the absentee landlords and some family members who

may not be available during the compensation period. The team informed them that all efforts

will taken to ensure that the right full owners or family members are contacted before the

compensation is finalized. They were also informed that the whole process takes some time to

be complete so they were advised to inform their landlords and relatives about the proposed

developments early enough. Emphasis was also put on the need for the PAPs to open Bank

accounts and provide their photographs.

VulnerabilityCommunity members, local leaders and district technocrats expressed concerns about what

would be done to people who may be affected more by the project. From the discussions, the

potentially vulnerable in the project area include the elderly, widows/widowers, single mothers,

disabled persons, and child headed families. A good number of the vulnerable people were

identified during the RAP and details are in Annex 4. The concern of this group of PAPs is

getting in-kind compensation since they may not have the energy to establish new homes by

themselves.

Cultural and Communal Property


The communities were requested to identify cultural and community properties (such as cultural

sites and graves) in or near the transmission line corridor that could be affected by the project.

From the meetings it emerged that some graves are located within the transmission line

corridor. Some of the graves are cemented therefore are easily visible wherever they are

located. Other properties may be cultural sites used for cultural ceremonies and traditional

healing although these were not identified during the RAP. The communities were informed

that no towers will be in the graves site areas and individual households will make decisions on

whether to relocate them or not since they are below the vertical clearance height of 7.5

meters.

Community Participation in the ProjectThe RAP team outlined to the community the procedures on how they will participate and get

involved in the proposed project. They were informed that at each stage of the project, the

community would be informed through their Local Council leaders. They were further informed

that in the detailed RAP to be carried out and that there would be more consultations,

identification and valuation of property.

Community members were requested to participate in the RAP study since it is from that study

that the basis of compensation and other issues will be addressed. The findings of the RAP

study would be disclosed to them through subsequent community meetings.

The communities proposed that when the project starts, they should be given the first

opportunity and priority to work as semi skilled or non skilled laborers. Local Council (LC)

officials in the project area also emphasized the need for the Contractor to recruit unskilled

labor from the communities along the transmission line routing. Communities expressed

concern that project implementers import even unskilled labor, which the locals could provide).

Entitlement and Cut-Off DatesMembers of the communities expressed uncertainty whether they should stop making

developments in their land since the project is taking the land. Members were informed that

during the RAP implementation, all identified affected property will be counted in their presence

and valuations disclosed to the affected households. After agreeing on this information with a

number to a property, PAPs will be given a letter of notification indicating that any development

after that date will not be considered for compensation. The date a person gets the notification

will be the cut-off date and for this RAP the cut – off-dates are 18/February 2008 for the original line route and 30th October 2010 for the diversion. However, the developer will take

the necessary care to ensure that the names of persons omitted during the field survey are

included and undervalued assets are re-valued accordingly.


Grievance RedressCommunity members expressed fear of their property being taken against their terms.

Members were informed that whatever payment they get will be determined according to the

provisions of the law. If they are not happy with the payments, they can raise the matter with

the project developer, which in this case is UETCL. Where they fail to reach mutual agreement

with UETCL, they can go to the village grievance committee specifically set up to handle

differences of opinion. To ensure transparency, the village committee will comprise of

representatives of the project affected persons, Local Council officials of the village, and

opinion leaders in the village. It was recommended that a local NGO/CBO would be

incorporated as an independent third party, to advise the developer on the best ways to resolve

the compensation grievances. The third party is essential in conflict resolution because both

sides of the conflict may not respect the decisions taken by the developer or grievances from

the persons affected by the project.

In case disagreements cannot be resolved at the village committee level, the aggrieved party

can resort to the existing legal redress mechanism of Land Tribunal (for matters involving land)

or a competent court of law. Uganda courts of law will be used as a last resort. Emphasis was

put on resolving conflicts amicably since the project is for the common good of the people of

Uganda. The district leadership was requested to identify legitimate non government

organization that will be invited to take up that task of independent third party.

Public Disclosure Plan The Ugandan laws and World Bank policy on Involuntary resettlement guidelines within which

this RAP was done require communities consulted to be informed of the decisions made from

the study. The views gathered during the RAP process were analyzed and incorporated in this

RAP report. The project sponsor (UETCL) will distribute copies of the report to the relevant

stakeholders and the communities consulted. Any issues that may have been omitted will be

incorporated and dealt with accordingly.

9.4 Stakeholder Consultations

Stakeholder Views

The community members were generally positive about the project except those from Kawanda -

Bulenga section who were bitter about non-compensation and disruption by the earlier Bujagali

Project. Relevant Government Departments (both central and local) agreed that the project should

be implemented provided proper mitigation measures are timely planned and implemented.


A summary of the key issues raised during the review and update are detailed below and the key

consultation message passed is in Appendix 5 of this report. .

Summary of Pertinent Issues

Valuers should work with local authorities (Chairpersons LCI) to ensure honesty, transparency

and community participation

People should not be prohibited from using their properties till compensation has been paid.

An example was given of the Bujagali project where people were stopped from developeing or

using their assets yet almost ten years down the road no compensation has been made.

People should be compensated for property lost before construction of the transmission line.

The time lag between valuing and compensation should be minimal so that people get value

for their properties. An example was given of the Bujagali Project where to date people whose

lives were disrupted have not yet been paid to date.

The community should be given first priority in labor and local material (such as sand, bricks,

water, housing) provision

Communities should be given timely feedback on the status of the project

Kawanda – Masaka line should only be constructed after those affected by the Bujagali line

have been fully compensated

Water sources which will be destroyed during the construction of the transmission line should

be replaced or relocated

Nearby projects (such as Health Centers, Clinics, Schools) which benefit the community

should be connected to electricity grid as part of social responsibility of the part of UETCL

UETCL should, as part of social responsibility, construct staff housing in Health Centers to

enable employment of qualified medical personnel

UETCL should, as part of their social responsibility in skill impartment to school leavers in the

project area, boost Vocational/Technical Institutions in the project area with tools and

equipment

Quality of power in the project area should be improved by installing transformers in key

towns and trading centers

UETCL should compensate property at the current market value otherwise it is ridiculous to

compensate a plot of land, which currently goes for 20 million with 2 million!


UETCL should, as part of social responsibility, upgrade key roads and improve unprotected

water sources by protecting them against pollution


Table 15 pertinent issues raised by PAPs and Responses

S/No. ISSUE RESPONSE

1 My house was knocked down by AES (under another project), have you come with another destructive project?

Some projects (just like this one) inevitably lead to destruction of property, but compensation must be made before the property is destroyed however, with the improvement in technology surveyors now use GPS to locate the angle points and use non-destructive materials like reflective ribbons to show the ROW and Way leaves therefore you are not going to experience that anymore.

2 Why don't those who build these lines employ residents of the area instead of giving the jobs to other people?

During the construction of the power line, priority will be given to local people during the employment process

3 Will UETCL pay people who were affected by the Kawanda-Mutundwe line before starting the Kawanda-Masaka project?

Whichever line is constructed first, the project affected persons will be compensated before actual construction. These are big projects whose planning takes time before implementation

4 Will the damage incurred during surveying be paid up front?

No damage will be incurred during survey, but where it is unavoidable to cut down plants, such plants will be inventoried for compensation purposes

5 Why does UETCL at times change the lines without people's knowledge?

UETCL does not change lines without informing the people who are likely to be affected. This is why we are carrying out these sensitization and consultation meetings to inform the PAPs about the planned activities

6 Why does UETCL not let their lines pass near swamps, which belong to government instead of disturbing us on our land?

UETCL would very much like to do that but you must have seen these lines are constructed such that they are straight for a long distance, which inevitably makes them pass through peoples land. Secondly, constructing a line in a swamp is very expensive. UETCL needs to balance costs since the money for construction comes as


loans that our Government has to pay back. We all know that Government gets money from us tax payers. If that were done then Government would be forced to increase taxes that we pay

7 Shall we be informed of when the surveyors will come so that we are not taken unawares?

Yes, survey will be carried out in conjunction with local leaders who will be informing you when surveyors will come to your area

8 Why do you people always ask silly questions like, ‘Do you eat meat?’ ‘Do you know what AIDS is?’

These questions sometimes appear silly but the information obtained from them is useful in designing the next best alternative for the PAPs. For example, if few people are aware about AIDS, we sensitize them. Eating meat is an indicator of incomes and social status of PAPs and is a basis for planning interventions during project implementation

9 Why are members not given sitting allowance for sensitization meetings?

We would, but resources do not allow. In life, there are things we do for common good. We believe this is one of them. We attend this meeting because if power supply is stabilized then all of us will benefit in the long run

10 Where are your offices found?

In Kampala, our (AFRITECH LTD) office is in Wandegeya Plot 160 Hajji Musa Kasule Road. UETCL offices are at Plot 10 Hannington Road Opposite Serena Hotel

11 Will you people liaise with AES so that the people affected by the Nile Power project are compensated?

We are different from AES but Bujagali Energy Limited (BEL) is working with UETCL to compensate people who were affected by the Bujagali Interconnection Project (Bujagali-Kawanda-Mutundwe line).

12 I did not understand, they planted for us 3 sticks; red, yellow and white. Where are you going to start counting the 40 meters from?

The colors show different portions of the line corridor; yellow indicates the center of the line, red is for the right of way (2.5 m on either side of the centerline). White shows the way leaves (where the line stops on either side of the center). The 40 meters are counted from the white to the white peg

13 If the Bujagali line was 30 meters wide, does it mean you need there will be an addition of 40 meters to cater for this one?

Yes. Ideally both lines require a combined corridor of 70m. 30m plus 40m gives 70m.

14 If someone is not within the 40 meters but near there, is he or she going to the affected by that line?

The people who are directly affected are those within the 40m corridor. One outside can be affected if they derive their livelihood from within that corridor

15 Will the valuer come and value so that we can go elsewhere before it is too late because plots are becoming more expensive.

Valuation will be done as soon as the surveyors have taken measurements of the affected land. However, the time you leave depends on when you are compensated for the loss. Besides you will be given time (3 or 6 months) within which to organize your selves to leave

16 Who are you going to Both the tenant and the landlord are Review and Update Kawanda Masaka 220kV, 137km T Line 5116008 | 31 May 2011 Page | 103

compensate for the land you need since there are tenants and land lords?

recognized by the Land Act 1998, so both will be compensated but the ratio between the two is determined by the Chief Government Valuer basing on the current land use and neighborhood

17 Can a line supplying power into people’s houses pass under or on top of the line that is going to be constructed (Kawanda-Masaka)?

This is a high voltage line, usually constructed of tall steel towers which some of you could have seen elsewhere. The line supplying power to people’s houses is low voltage and will pass under this one if they cross one another

18 We are scared because electricity workers are obscene, they may bring bad behaviors in our area

During construction, all workers will be trained on how to interact with the community. But if it happened, you lodge your complaints to the contractor through your local leaders.

19 The people who pay the residents are not always fair. They underpay us yet we are supposed to get more money for our plots and plantations.

Compensation amounts are calculated following UETCL guidelines and rates developed by the districts where the line passes. The amounts will be displayed so that PAPs get to know how much is due to them. This will be the figure paid out.

20 When workers come there is going to be long lines in the health centers and shortage of food, which will make prices high, what do you think of that?

That is a possibility but these studies are aimed at finding ways of helping residents cope. The line Contractor will have a fully equipped site clinic thus no use of local medical centers. When residents sell food and other commodities to the workers this is an opportunity for them to earn revenues and improve on their incomes.

21 Are we going to be paid at once or in bits for the damages caused and for our plots and houses?

Once verification of ownership is done, the beneficiaries will be paid all what is due to them

22 We hear that during the process of paying us, there will be very many tables to go through and that there will be the table of the Buganda Land Board, which will take a big chunk of our compensation, is this true?

It is not true. UETCL deals directly with the beneficiary. Besides, compensation will be paid directly to the account of the beneficiary. Those who do not have bank accounts will therefore be required to open them with banks of their choice.

23 We do not have electricity yet the line is passing through our area why doesn’t UETCL consider giving us power as corporate social responsibility?

UETCL has a community development program which carries out a community Development Action Plan for Wider Community who share resources with the Affected, Restores Livelihoods, and caters for Vulnerable. However the implementation of this program depends on the availability of funds from the project funders.

24 Electricity does not go off in Rwanda, why is it that power goes off in

We get power outages because of insufficient generation. When Uganda enters a contract to do business it has to fulfill conditions of that


Uganda yet Uganda supplies Rwanda?

contract. Which means the little power generated should meet even those foreign contractual obligations

25 How are the cultural facilities, for example graves, going to be handled?

Cultural sites that are affected will be relocated following cultural norms and practices of the people concerned or valued using district rates

26 When is the actual construction of the line likely to start? We want to be prepared for any eventuality

The studies we are conducting will guide the financiers and UETCL to plan actual implementation. Once the studies are complete approved, PAPs compensated and resettled. Probably early 2009

27 You said valuation is based on approved district rates, are we free to compare rates of the three districts of Wakiso, Mpigi and Masaka?

Yes, you can take it up with the respective district Land Boards/committees. District Land Boards are free to regularly update their lists

28 What will happen if the project takes a big portion of my land so that what remains is no longer useful?

The project will compensate you for total loss of land, but in case you opt to be resettled, then an alternative piece of land will be purchased for you.

29 What if I refuse to give my land to your project, what will you people do?

Remember what we discussed earlier on about laws on land. The Land Act says that the Minister responsible for land may authorize any person to enter land, survey the land, dig or bore soil or any other thing necessary for ascertaining whether the land is suitable for public use. The Government or Developer (in this case UETCL) is to compensate any person who suffers damage as a result. Any dispute of compensation shall be referred the Land Tribunals. Where the tribunals fail, the dispute goes to a competent court

30 You talked of relocating people, where will you get enough land to relocate them?

Land will be availed to those who are entitled and opt for relocation. You are also free to choose your own piece of land where you want to be relocated

31 What will happen if payment takes long after our properties have been valued?

The district rates are supposed to be updated annually and the valuation reports will be updated on a continuous basis to achieve a fair, timely and adequate compensation process

32 You said there will be various construction activities during the implementation of the project. What measures will you take to safeguard us?

Safety and Health will be a priority on site during construction. Besides, UETCL will also have a monitoring team that will handle such cases on a routine basis

33 Sometime back there was a group of people who surveyed this area. How different is the one

The previous survey was for the Bujagali Project, this one is for Kawanda-Masaka. They are all the same and aimed at establishing ownership for compensation


you say will be done?34 Most of us can’t take our

children to good schools as we are poor. What will UETCL do for us besides compensation?

We shall suggest UETCL to take cooperate social responsibility. For example, they could connect schools in the project area on the grid. Alternatively, they could boost vocational institutions with equipment so that your children are able to attain life sustaining skills

35 You said we should give you people copies of our land titles or purchase agreements, how sure are we that you wont use them to grab our land

We need these documents to help as verify ownership of land, which in turn will help us determine compensation for the PAPs. For those of you who have land titles, you can just give us the Block and plot numbers of the registered property.

36 Shall we be given enough time to look for where to go after we have been paid?

You will be given time (3 or 6 months) within which to organize your selves to leave

37 There are poor people who cannot speak in public and the rich ones who are even capable of paying lawyers, don’t you think that the poor ones will be valued differently and unfairly given little amounts of money and then the rich given much money and valued well?

No, everybody will be valued using the same district rates and professional judgement of the Valuer. Whoever is not satisfied is free to go to use any grievance mechanism established for the project; village committees, land tribunals or courts of law

38 We hear that in most cases, the properties of the educated and rich are not easily taken yet with us the un educated and poor ours will easily be taken away because we cannot even afford to look for NGOs to help us.

The reason we are dialoging is for you to know how UETCL does things. Everybody’s property will be treated irrespective of status in society. Where you feel cheated, you can appeal directly to UETCL for assistance.

39 We shall not this time sign on the papers of agreements before we know what we are going to be paid.

Remember we earlier on said you will only sign on valuation papers after you have read and understood how amounts due were got. For those who cannot read, the valuer or the LC I will read for you the contents. You are also free to get a person of your choice to read for you the valuation report

40 Which type of power is this one, because we know of Bujagali.

This is one of the many projects UETCL is undertaking to solve power problems in the country. This transmission line will take power generated from Bujagali to Masaka for distribution to that part of the country. The Bujagali line was for improving distribution within Kampala and it environs


9.5 Conclusion

The community discussions and stakeholder interviews showed that the community along the

transmission line corridor will support the project if the compensation exercise is implemented in a

professional and fair manner. The community and the key stakeholders have expressed support for

the project since they see it as a way of enhancing electricity reliability in the region in order to

promote development as well as employment creation for themselves or their children during

construction after because reliable electricity will attract investors.

Notwithstanding the anticipated benefits, the project will lead to negative social and economic

impacts. It is recommended that the developer implements all the mitigation measures suggested in

the RAP report. To ensure that the project is managed effectively and efficiently, UETCL should

make the necessary budgetary provisions to ensure that mitigation commitments in the RAP as well

as in the RAP and monitoring programs stated herein are effectively implemented.


10 GRIEVANCE RESOLUTION MECHANISMS

This chapter explains the procedures for settling or redressing grievances and complaints from the

PAPs. The grievances and complaints could be about land expropriation, resettlement, activities

associated with the construction of the transmission line, social issues or any other subject related

to the project. For effective implementation of the project, grievances and complaints should be

redressed from project start through end of monitoring. All grievances and complaints should be

recorded and processed at all stages of the project implementation.

Sometimes complaints and grievances arise from lack of information. Information on resettlement

and progress of the project will be provided to PAPs. Providing information about the resettlement

and progress of the project to the public, PAPs as well as other stakeholders will increase their

understanding of the process and will provide answers to their concerns.

10.1 Aim Of Grievance Redress Procedure

The grievance redress procedure aims at settling/redressing any grievance or complaint by the

PAPs as promptly and fairly in a manner acceptable to all parties concerned. Grievances are useful

indicators of a project performance therefore have to be treated with the due care they deserve. A

high number of grievances may be an indicator of poor work practices. Likewise, a low number of

grievances may not necessarily mean everything is working out smoothly.

The following guiding principles shall be followed during grievance and complaint redressing;

Resolve PAPs grievances and complaints in a straightforward and accessible manner

Identify and implement appropriate and mutually acceptable actions to redress complaints

Make sure complainants are satisfied with outcomes of the corrective actions

Resort to judicial proceedings only if necessary

10.2 Types Of Grievances

During the implementation of the project, there is a likelihood of disputes/disagreements arising

between UETCL and PAPs because of either construction or expropriation or resettlement activities.

The grievances likely to occur during construction activities may be related to;

Damage to buildings and assets

Disruption or damage to local roads

Closure of pathways

Damage to un expropriated assets such as land, crops and trees


Failure to reinstate immovable assets after temporary use such as occurs during

establishment of easements or property rental

Nuisance from dust, noise and vibration

Disruption or damage to water sources and infrastructure

Water course alteration

Increase in traffic loads

Health problems, injuries and accidents

Damage to utility infrastructure

Misconduct of project personnel and workers

Unfair recruitment of employees to project related jobs

During expropriation, the following complaints may occur

Disputed compensation (land, crops and immovable asset) amounts

Disputed survey measurements

Improper identification of property owners

Unregistered land users

Disputed compensation for tenants and occupants

Loss of income to traders due to loss of commercial facilities or decrease in customers

Misconduct of project personnel and workers

With regard to resettlement the likely disagreements may include;

Failure to get entitlements yet the place of occupancy is taken or somehow indirectly affected

Need to get into project assisted resettlement when it had not been applied for

Problems between resettlers and residents (host community) in the new sites

10.3 Grievance Redress Mechanism

WB OP 4.12 Para 13 (a) requires establishment of appropriate and accessible grievance

mechanisms to resolve disputes in connection with resettlement and compensation.

This team has proposed a three-stage grievances redress mechanism consisting of Village

Grievance Committees, Land Tribunals and Courts of Law to resolve disputes and complaints

arising from the implementation of the project.


Stage 1: Village Grievance Committees

Village Grievance Committees with the following membership should be established to resolve

complaints using customary rules

The Sub County Chief

LCII Chairperson

The LC I Chairman,

the Secretary for Women/Children's affairs

1 opinion leader

2 representatives of the PAPs (1 female and 1 male)

1 representative of UETCL

Complaints by the PAPs on compensation or property loss shall be put verbally or in writing to the

grievance committee. The village committee should be able to deal with the grievance within three

days of receipt of the complaint from the affected person.

Stage 2: The Land TribunalsWhere the village committee cannot resolve the complaint, the complaint should be referred to the

District Land Tribunal. The District Land Tribunal shall invite the complainant to produce documents

that support the claims. The Land Tribunal should decide within one week. However reality on the

ground shows that the District Land Tribunals do not have the capacity to meet regularly to solve land

issues. The practice is that the person with grievances normally has to provide funds in terms of

transport, lunch and some allowance for the committee members. It is therefore important that village

grievance committees involve the technical staff at the sub-county level like counselor for production

given that some of these grievances are related to social services like roads, water and other

community resources that are the mandate of the local Government staff.

Stage 3 : Courts of Law

Where the Land Tribunals cannot solve the dispute, the aggrieved party is free to evoke their

constitutional right to go competent Uganda Courts of Law. We suggest this should be a last resort

mechanism as this is timely and costly.

10.4 Institutional Arrangement For Grievance Redress

To implement this 3-stage mechanism, a Resettlement Unit and Village Grievance Committees should be set up to coordinate the implementation of the RAP. The resettlement unit shall be

responsible for the formation of village grievance committees where most of the complaints are

handled. The resettlement unit shall be comprised of five officers and headed by a Resettlement


Coordinator. At least two members of the unit should be women to take care of issues specific to

women PAPs. The persons recruited to this unit must be technical in the field of RAP

implementation. This unit shall be answerable to the Projects Manager at UETCL.

The objective of the resettlement unit is to define the roles and responsibilities for the

implementation of the RAP and ensure the activities are undertaken in a coordinated manner. The

resettlement unit will have authority to ensure coordination and proper implementation through

monitoring, grievance processing, and public information and consultation activities. This unit will

be the planning body for timely and successful implementation of the RAP.

The resettlement unit will work in close supervision by the Projects Manager and in coordination

with the village resettlement committees. The Resettlement Coordinator will be an authorized

employee (managerial level) of UETCL whose responsibilities include;

Supervising the resettlement unit and any contractors (such as construction contractors, etc)

or NGOs (involved in resettlement activities) to ensure efficiency.

ensuring high level coordination between relevant government bodies

calling Village Grievance Committee meetings

monitoring project progress and undertaking necessary improvements in collaboration with the

Projects Manager

informing the Projects Manager of grievances requiring higher level action

informing the Projects Manager on the progress of the activities

Village Grievance Committees will serve as the representative of the PAPs. The village grievance

committees will be comprised of LCI chairpersons, elders and representatives of PAPs and

vulnerable groups.

The village grievance committees will communicate the needs, priorities and grievances of the

PAPs to the resettlement unit; represent PAPs (especially vulnerable groups) who cannot directly

approach the resettlement unit. In addition, these committees will provide assistance to the

resettlement unit in data collection for monitoring the efficiency of resettlement and compensation

payment.

To ensure fairness and balance in grievance redressing, a representative of the PAPs (more

importantly Witness NGO) shall be invited to the meetings of the village grievance redress

committee and land tribunals.


10.4.1 Grievance Redress Procedure

Upon receipt of complaints and grievances, the resettlement unit will classify them as those to

be handled at local level (Village Grievance Committees) or at central level (Resettlement

Unit). To avoid resorting to litigation, all necessary actions should be taken to redress

complaints at Village level. Where the village committees fail to solve a complaint, the

resettlement unit should resolve it. It is only when all these avenues are exhausted that

litigation should come in.

Conflict and Grievance Minimisation Through Information Disclosure and Consultation

As pointed out above, most conflicts arise from lack or little information about the progress of

resettlement and the project in general. Public participation and consultation will reduce

complaints and grievances since in the process the stakeholders are informed, their opinions

obtained and sustainable solutions found for their complaints. The resettlement unit will thus

combine conflict resolution mechanism above with public participation and consultation.

The resettlement unit will evaluate the results and feedbacks from public participation and

consultation and give the necessary information to the PAPs and relevant stakeholders. The

resettlement unit will also use this mechanism as a monitoring tool for the resettlement

process, its progress and any problems encountered.

Two processes are critical in public consultation, (1) information disclosure mechanism and (2)

participation and consultation mechanism. Information disclosure shall involve a two-way flow

of information enabling obtaining of the opinions of the public including PAPs and at the same

time addressing of their concerns and questions. On the other hand, public participation and

consultation will be by both direct and indirect means since it is not possible to have all PAPs

and stakeholders participate directly in the consultation. In direct participation, the

resettlement unit will interface with the PAPs whereas in indirect participation, the resettlement

unit will interface with the representatives of the PAPs mainly the village resettlement

committees and witness NGOs.

When information is disclosed and stakeholders participate this way, the resettlement

unit becomes the center focus of the public consultation and information disclosure

process.

Printed materials

Visual materials


Community informative meetings

Stakeholder meetings

Field surveys

Cooperation with local NGOs/CBOs

The resettlement unit receives information and opinions and shares it with the PAPs and

relevant stakeholders through the consultation process hence if integrated with grievance

redress, will greatly minimize complaints and grievances from PAPs.

A variety of tools is available for the resettlement unit to consult and disclose information to

the PAPs and interested stakeholders. The resettlement unit can use;

Public Announcements

These include written and oral announcements. Written announcements will be made in both

local (mostly Luganda) and national newspapers while oral announcements will be made

through electronic media (TV and Radio) again both in local languages (mainly Luganda) and

English. The announcements should be made at least 5 days before the announced action or

request takes place.

Printed Materials

The resettlement unit should publish and distribute printed materials such as brochures (giving

information on the project, rights of the PAPs, job application criteria and the resettlement

process), maps and reports. Similar materials were distributed in the project area during the

RAP studies. These materials would be distributed to PAPs and interested stakeholders at

the beginning of the resettlement process. Moreover, any material under distribution and any

other document providing information about the project and RAP implementation should be

available for public review.

Visual material

This is the material to be used during public, focus group or stakeholder meetings and

presentations. Informative posters about the project and resettlement process should be

posted in easily accessible places in the villages.

Community Informative Meetings

These should be organized when there is need to provide general information about the


project activities. Relevant experts should be present to give information, get opinions of the

PAPs and address PAPs concerns.

Stakeholder Meetings

Stakeholder meetings should be held to consult with stakeholders other than PAPs about

resettlement process and activities. These meetings will also act as representative

participation meetings since some of the stakeholders such as NGOs and village grievance

committees

Field Surveys

The resettlement unit can conduct field surveys to establish PAPs and interested stakeholder

opinions about the resettlement process. The resettlement unit may use household surveys

(face to face interviews), key informant interviews with local leaders or focus group

discussions with the PAPs.

Cooperation with NGOs

The resettlement unit will support local NGOs, which would like to participate in facilitating

information disclosure and consultation of the PAPs. Table 12 below shows the proposed plan

for public consultation activities to minimize complaints and grievances during the

implementation of the RAP.


Table16 Grievance Minimization, Public Participation and Consultation Activities

Activity Duration (Weeks)

Place Task Responsibility

Establishment of Resettlement Unit 2 UETCL HQs Assigning of officers from relevant institutions UETCL

Preparation, printing and reproduction of

information booklets (including relevant

information about RAP implementation)

4 UETCL HQs Experts of the resettlement unit will prepare the booklets using the consultation information used during RAP studies, the RAP report and other relevant information

Resettlement Unit

Formation of Village Grievance Committees 30 Affected Villages Assigning officers from relevant stakeholders, including local councils, NGOs, PAPs, etc

Resettlement Unit

The RAP and EIA availed to interested

stakeholders

14 RU Office Reports and relevant visual and printed material RU

Announcements regarding commencement of

information meetings

14 Affected Villages Using local mass media, visual aids posted in villages, informing local authorities

RU

Informative meetings regarding commencement

of the project

14 Affected Villages Meetings to be held in affected settlements with participation of relevant experts

RU

Announcements for pre-informative meetings

regarding site selection

7 Affected villages Using local mass media, visual aids posted in villages, informing local council chairpersons

RU

Pre-informative meetings regarding site

selection

7 Affected villages Public participation meetings with relevant experts RU

Announcements for public consultation

regarding presentation of resettlement sites

7 Affected Villages Using local mass media, visual aids posted in villages, informing local authorities

RU

Announcement of village information and

participation meetings regarding technical

studies on the resettlement sites


RU


Village information and participation meetings

regarding technical studies on resettlement sites

4 Affected villages Public participation and consultation meetings with relevant experts

RU

Announcement for public consultations

regarding development of resettlement sites


RU

Public consultation regarding development of

resettlement sites

17 Affected villages Public participation and consultation with relevant experts

RU

Announcement of village participation meetings

regarding presentation of draft maps and plans

of resettlement sites


RU

Village participation meetings regarding

presentation of draft maps and plans for

resettlement sites

30 Affected villages Public participation and consultation meetings with relevant experts

RU

Announcements for informative meetings for

PAPs regarding new crop types, agricultural

techniques and other income sources

7 Affected rural villages

Using local mass media, visual aids posted in villages, informing local council chairpersons

RU

Informative meetings for PAPs regarding new

crop types, agricultural techniques and other

income sources

4 Affected rural villages

Public participation and consultation with relevant experts

RU

Consulting services regarding income

rehabilitation

7 Affected villages Community and stakeholder meetings with participation of relevant experts

RU/NGOs

Consulting services regarding use of

expropriation money


RU/NGOs

Consulting services regarding assessment of

credit


RU/NGOs

Evaluation of public participation and

consultation activities, reporting and disclosing

7 Affected villages Monitoring and reporting of monitoring results RU/NGOs


to public


10.5 Independent (External) Monitoring For Grievance Redress Mechanism

The main purpose of the independent monitoring is to assess the effectiveness of preventive and

mitigation measures taken for the social impacts that might arise during the construction, implementation

of resettlement. Differences in socioeconomic, health, educational and cultural status before and after

resettlement will be identified and compared. Economic problems might occur after resettlement since

PAPs lose their income and livelihood sources. Therefore, the RAP aims to ensure that the living

standards of PAPs are improved or preserved at least in the pre-settlement condition. This is checked in

independent monitoring, lacking which are elements are determined, corrective and preventive actions

are identified and these will be provided to the Resettlement Unit by feedbacks.

Independent monitoring will cover all the resettlement process (including expropriation, resettlement and

grievance redress) and will be done by an independent third party, comprising of experts from an NGO,

a consultant or an academic institution, will carry out external monitoring.

For effective implementation of the RAP, independent monitoring of the grievance redress mechanism

will be conducted twice a year. The first monitoring activity will be conducted in the scope of general

independent external monitoring for the resettlement process, while the second monitoring will only

cover the grievance and redress monitoring for the grievance process and solutions related to the

grievances.

General changes in socioeconomic, health, educational and cultural status before and after resettlement

will be observed. The compensation values (compared with replacement), livelihood sources and

achievement of the core objective of the RAP which is to ensure that the living standards of PAPs are

improved or preserved at least in the pre-resettlement condition.

The determination of the expropriation values is the main cause of grievances during the expropriation

process, so monitoring of provision of expropriation compensations at replacement values will be carried

out by independent third parties in the scope of external monitoring as well. The principle for valuation

will be replacement value (achieved by using objective criteria) and resettlement unit will inform PAPs in

the negotiations that this is the valuation principle. To ensure transparency, an independent source will

be mandated:

Counsel PAPs regarding the valuation principle and legal process before negotiations (as an

offer to PAPs independent from and in addition to counseling offered by the resettlement Unit.

Attend expropriate negotiations as observers, and record the expropriation values offered by

DSI and the degree of satisfaction of PAPs.


Check on compensation values offered by UETCL against the replacement value benchmark

and similar offers in the area.

Counsel PAPs regarding title deed issues and procedures (e.g. transfer of title deed from

deceased parents to PAP’s name etc.) as an offer to PAPs independent from and in addition to

the counseling offered by the Resettlement Unit.

The independent monitor will report findings (satisfaction of the PAPs wit expropriation values

offered, discrepancies in offers noted by the monitor, etc.) to the Resettlement Unit. The costs

for the independent monitor will be borne by the projects external monitoring budget.

The independent monitor can use a number of tools to gather information on adequacy of the

grievance redress mechanism. The independent monitor could use a selection of the following tools

and techniques:

Random sampling

Phone interviews with PAPs

In-depth interviews

Field observations

Individual interviews

Informal interviews

Statistical data

Grievance forms and grievance closeout forms

Performance monitoring outcomes reports

Random sampling, with randomly selected 10% of the households categories defined in

entitlement matrix.

Phone interviews with PAPs, with 10% of the PAPs will be conducted

Field Observation: periodic observations by the resettlement unit in order to get information regarding the

expropriation, construction and resettlement activities as well as potential environment and social

impacts.

Grievance and Grievance Closeout forms: throughout the project lifeline, all incoming grievances

regarding the project are recorded in the grievance forms and finalized in grievance closeout forms.

These forms are effective means of data collection for monitoring the appropriateness of RAP

implementations to construction, land acquisition and resettlement programs and objectives.

Project progress reports: prepared by the resettlement unit will be utilized to monitor the effectiveness

and the timing of RAP activities.


11 MONITORING AND EVALUATION FRAMEWORK

This chapter details the monitoring and evaluation program for the proposed 220kV Kawanda-Masaka

transmission line Project Resettlement Action Plan. Monitoring and evaluation of construction,

expropriation, resettlement activities and socio-economic status after resettlement will be carried out for

at least 5 years; 3 years RAP implementation and 2 years after completion of resettlement.


Monitoring and evaluation of the implementation of the RAP will be undertaken by an external agency

that will report to UETCL Monitoring and evaluation studies shall be done in three ways;

Performance (Internal) Monitoring

Impact (External) Monitoring

Completion of Implementation Report

For internal monitoring, UETCL shall take full responsibility for conducting regular internal monitoring of

the land acquisition, resettlement and compensation process. For external monitoring, an independent

body appointed by UETCL in collaboration with authorities in the districts through which the line passes

shall participate.

11.1 Performance (Internal) Monitoring

Performance monitoring will be carried out by UETCL to evaluate its own efficiency as well as that of

other institutions involved in the resettlement process. The aim of this monitoring study is to evaluate

whether or not the activities defined in the RAP are carried out, and in case nonconformities, determine

and realize preventive/corrective actions. Furthermore, internal monitoring will determine whether or not

the activities defined in the RAP are followed according to schedule. Monitoring will involve both the

resettlers and the staff involved in the resettlement.

During the implementation of the resettlement plan, internal monitoring should be done at regular

intervals, for example every 4 weeks. Post resettlement monitoring should also be undertaken

frequently, say every three months. Performance monitoring will focus on measuring progress against

the schedule of actions defined in the RAP. Activities to be undertaken by Resettlement Unit at UETCL

will include;

Interviews with PAPs to review and report progress against the RAP (Expropriation, Construction

and Resettlement Phases)

Assessment of the effectiveness of mitigation measures to be taken for socio-economic impacts of

the project

Verifying whether land acquisition and compensation entitlements are being delivered in line with

the RAP

Verifying whether or not agreed measures to restore or enhance standards of living are being

implemented


Verifying whether or not agreed measures to restore or enhance livelihood and sources of income

are being implemented

Indentifying any conflicts or problems, issues, or cases of hardship resulting from the resettlement

process

Reviewing records of grievances and following up whether or not appropriate corrective actions

have been undertaken and outcomes are satisfactory

Preparing quarterly performance reports.

11.2 Performance monitoring indicators could include:

a) Number and place of consultative meetings held with PAPs and local authorities in preparation of,

or during RAP implementation

b) Grievance issues by type and how they were resolved: Total received, total justified, Total

resolved at various levels including the type of agreement reached, Total referred to legal

system/courts of law, including clarification on who initiated (local leaders, PAP or UETCL) the

referral and subject matter

c) Actual amount paid and timeliness of payment

d) The number of people and households who have been resettled to date or provided with new

business premises

e) Number of affected people (men and women) employed in the project construction

f) Number of complaints:

Total received; total justified; total non justified, including the subject matter for all

complaints; an explanation for non justified complaints;

Total resolved at various levels including the type of agreement reached;

Total referred to the legal system/courts of Law, including a clarification on who initiated

(local leaders, PAP or UETCL) the referral and the subject matter

The table shows detailed Standard main indicators usually monitored during implementation of

a RAP.

In performance monitoring, status of the activities, funds appropriated for these activities, related

payments and timing of activities are important considerations.

The tools available to the resettlement unit to carry out performance monitoring include;


Public Consultation and Informative Meetings to obtain PAP satisfaction rate from the RAP

activities

Simple Random Sampling to obtain the current household socio-economic conditions to be used

as monitoring benchmarks

Key Informant Surveys

Formal and Informal meetings with PAPs and other relevant stakeholders

Focus Group Meetings with Vulnerable Groups

Field Observations by RU experts

Land Acquisition and Allocation Plans

Grievance and Grievance Close out forms

Project Progress Reports

11.3 External Monitoring

To give credence to the monitoring and evaluation process, external monitoring should be carried out by

an independent body/organization appointed by UETCL in consultation with local authorities in the

project area. Recommendations and issues raised by this body should be followed up so as to improve

the livelihoods of the affected persons. External monitoring shall focus primarily on the following issues;

progress of disbursement and provision of entitlements to the PAPs

comparison of pre- and post-resettlement socio-economic situation of the affected households

employment situation of affected household members

Condition and quality of temporarily acquired land when returned to the original land users.

living conditions of the vulnerable households after resettlement

Performance/evaluation Indicators include:

a) The total nature and level of all complaints received, resolved

b) Completion of payment within, or after 2 months estimated completion date indicated in RAP

implementation plan

c) Completion and demolition of structures (if any) or crops/trees in the project area within 3

months after notice to demolish

d) Revival of affected business/farming activities within 4 months after the compensation payment


e) Submission of monitoring reports at the frequency indicated in the M/E of the RAP

implementation report or quarterly.

The table below shows detailed Performance/evaluation indicators usually used after A RAP is implemented

indicating monitoring inputs and outputs:


Table17 Summary of Performance / Evaluation Indicators

Subject Indicator Variables

Land Acquisition of land Area of cultivation land acquired for the transmission line Area of communal/government/private land acquired for transmission line developments

Buildings/ Structures Acquisition of buildings Number, type and size of private buildings acquired Number, type and size of community buildings acquired Number, type and size of government buildings acquired

Acquisition of other structures

Number, type and size of other private structures acquired Number, type and size of other community structures acquired

Trees and CropsAcquisition of trees Number and type of private trees acquired

Destruction of crops Crops destroyed by area, type and ownership

Compensation, Re-establishment andRehabilitation

Compensation and re-establishment of affectedowners/individuals

Number of homesteads affected (buildings, land, trees, crops)Number of owners compensated by type of loss Amount compensated by type and owner Number of replacement houses constructedSize, construction, durability and environmental suitability of replacement houses Possession of latrines

Water supply accessNumber of replacement businesses constructed

Re-establishment of community resources

Number of community buildings replaced, Number and type of plants lost, Number of seedlings supplied by type Number of trees planted

Hazards and Disturbances

Introduction of nuisance factors Number of homesteads affected by hazards and disturbances from construction (noise levels, blasting, increased traffic levels)



Social/ Demographic Changes to homestead structure Homestead size (births, deaths, migration in and out) Age distributionGender distributionMarital statusRelationship to homestead headStatus of “vulnerable” homesteads

Population migration Residential status of homestead membersMovement in and out of the homestead (place and residence of homestead members)

Changes to access Distance/travel time to nearest school, health centre, church, shop, village

Changes to health status Nutritional status of resettled homestead membersNumber of people with disease, by type (STDs, diarrhoea, malaria, ARI, immunizable disease)Mortality ratesAccess to health care services (distance to nearest facility, cost of services, quality of services)Utilization of health care servicesDisease prevention strategiesExtent of educational programsLatrine provision at schools (school child population per VIP on site)

Changes to educational status

Literacy and educational attainment of homestead members School attendance rates (age, gender)Number, type of educational establishments

Changes to status of women

Participation in training programsUse of credit facilitiesLandholding statusParticipation in the project-related activities and enterprises

Homestead earning capacity

Ownership of capital assetsOwnership of equipment and machineryLandholding size, area cultivated and production volume/value, by crop (cash andsubsistence crops)



Changes in social organization

Organizational membership of homestead members Leadership positions held by homestead members

Population influx Growth in number and size of settlements, formal and informal Growth in market areasInflux of people from outside the project area

Consultation Consultation programme operation

Number of local committees establishedNumber and dates of local committee meetings Type of issues raised at local committees meetings

Involvement of local committees and NGOs in participating in the project’s planning and development

Information dissemination Number, position, staffing of Information CentersStaffing, equipment, documentation of Information Centers Activities of Information CentersNumber of people accessing Information Centers Information requests, issues raised at Information Centers

Grievances resolved Number of grievances registered, by type Number of grievances resolvedNumber of cases referred to court

Training Operation of training programme Number of local committee members trainedNumber of affected population trained in Project-related training courses

Management Staffing Number of implementing agencies by function Number of GoU ministry officials available by function Number of office and field equipment, by type

Procedures in operation Census and asset verification/quantification procedures in place Effectiveness of compensation delivery systemNumber of land transfers effectedCo-ordination between local community structures, NGOs and GoU officials

Land Acquisition of land Area of cultivation land acquired for the transmission line Area of communal/government/private land acquired for transmission line developments

Buildings/ Structures Acquisition of buildings Number, type and size of private buildings acquired Number, type and size of community buildings acquired Number, type and size of government buildings acquired

Acquisition of other structures

Number, type and size of other private structures acquired Number, type and size of other community structures acquired



Trees and Crops Acquisition of trees Number and type of private trees acquired

Destruction of crops Crops destroyed by area, type and ownership

Compensation, Re-establishment andRehabilitation

Compensation and re-establishment of affectedowners/individuals

Number of homesteads affected (buildings, land, trees, crops)Number of owners compensated by type of loss Amount compensated by type and owner Number of replacement houses constructedSize, construction, durability and environmental suitability of replacement houses Possession of latrinesWater supply accessRe-establishment of

community resourcesNumber of community buildings replaced, Number and type of plants lost, Number of seedlings supplied by type Number of trees planted

Hazards and Disturbances

Introduction of nuisance factors

Number of homesteads affected by hazards and disturbances from construction (noise levels, blasting, increased traffic levels)

Social/ Demographic Changes to homestead structure Homestead size (births, deaths, migration in and out) Age distributionGender distributionMarital statusRelationship to homestead headStatus of “vulnerable” homesteadsPopulation migration Residential status of homestead membersMovement in and out of the homestead (place and residence of homestead members)

Changes to access Distance/travel time to nearest school, health centre, church, shop, village

Changes to health status Nutritional status of resettled homestead membersNumber of people with disease, by type (STDs, diarrhoea, malaria, ARI, immunizable disease)Mortality ratesAccess to health care services (distance to nearest facility, cost of services, quality of services)Utilization of health care servicesChanges to educational

statusLiteracy and educational attainment of homestead members School attendance rates (age, gender)Number, type of educational establishments

Changes to status of women

Participation in training programsUse of credit facilitiesLandholding statusParticipation in the project-related activities and enterprises



Homestead earning capacity

Ownership of capital assetsOwnership of equipment and machineryLandholding size, area cultivated and production volume/value, by crop (cash andsubsistence crops)Landholding status (tenure)Changes in social

organizationOrganizational membership of homestead members Leadership positions held by homestead members

Population influx Growth in number and size of settlements, formal and informal Growth in market areasInflux of people from outside the project area

Consultation Consultation programme operation

Number of local committees establishedNumber and dates of local committee meetings Type of issues raised at local committees meetingsInvolvement of local committees and NGOs in participating in the project’s planning and development

Information dissemination Number, position, staffing of Information CentersStaffing, equipment, documentation of Information Centers Activities of Information CentersNumber of people accessing Information Centers Information requests, issues raised at Information Centers

Grievances resolved Number of grievances registered, by type Number of grievances resolvedNumber of cases referred to court

Training Operation of training programme

Number of local committee members trainedNumber of affected population trained in Project-related training courses

Management Staffing Number of implementing agencies by function Number of GoU ministry officials available by function Number of office and field equipment, by type

Procedures in operation Census and asset verification/quantification procedures in place Effectiveness of compensation delivery systemNumber of land transfers effectedCo-ordination between local community structures, NGOs and GoU officials


Table18: Monitoring inputs and Outputs

Impacts/outcomes Inputs OutputsArea of cultivated and communal/ government/ private land acquired for transmission line developments

Number of seedlings supplied by type

Number of owners compensated by type of loss Amount compensated by type and owner Number of replacement houses constructed

Size, construction, durability and environmental suitability of replacement housesWater supply accessNumber of replacement businesses constructed

Number, type and size of private, community and government buildings/structures acquired

Number of community buildings replaced

Number of trees planted

Number and type of private trees, Crops destroyed Disease prevention strategies Changes in homestead size (births, deaths, migration in and out), Age and Gender distribution, Marital status, Relationship to homestead head and Status of “vulnerable” homesteads

Number of homesteads affected (buildings, land, trees, crops)

Latrine provision at schools (school child population per VIP on site)

Movement in and out of the homestead (place and residence of homestead members)

Number of homesteads affected by hazards and disturbances from construction (noise levels, blasting, increased traffic levels)

Number, type of educational establishments

Utilization of health care services

Change in distance/travel time to nearest school, health centre, church, shop, village)

Number of implementing agencies by functionNumber of GoU ministry officials available by functionNumber of office and field

Extent of educational programs


And Fequipment, by type

Nutritional status of resettled homestead membersNumber of people with disease, by type (STDs, diarrhoea, malaria, ARI, immunizable disease)Mortality ratesAccess to health care services (distance to nearest facility, cost of services, quality of services)

Amount and balance of income and expenditure Realisation of homestead income restoration plans (components implemented, net income achieved)Access to income-generating natural resource base (wood, grass, sand, stones)

Literacy and educational attainment of homestead membersSchool attendance rates (age, gender)

Leadership positions held by homestead members

Participation in training programs, Use of credit facilitiesLandholding statusParticipation in the project-related activities and enterprises

Growth in number and size of settlements, formal and informalGrowth in market areasInflux of people from outside the project area


Ownership of capital assetsOwnership of equipment and machineryLandholding size, area cultivated and production volume/value, by crop (cash and subsistence crops)Landholding status (tenure) Redistribution of cultivation landChanges to livestock ownership: pre- and post disturbanceValue of livestock sales, and imputed value of barter transactionsConsumption of own livestock production Employment status of economically active membersSkills of homestead membersEarnings/income by source, separating compensation paymentsChanges to income-earning activities (agriculture) – pre- and post disturbanceChanges to income-earning activities (off- farm) – pre- and post disturbancePossession of consumer durablesPossession of bank and savings accounts

Number of local committees established Number and dates of local committee meetingsType of issues raised at local committees meetingsInvolvement of local committees and NGOs in participating in the project’s planning and development

Organizational membership of homestead members

Number, position, staffing of Information Centers Staffing, equipment, documentation of Information CentersActivities of Information Centers Number of people accessing Information CentersInformation requests, issues raised at Information Centers

Number of grievances registered, by type Number of grievances resolvedNumber of cases referred to court

Number of local committee members trainedNumber of affected population trained in Project-related training courses


Census and asset verification/quantification procedures in placeEffectiveness of compensation delivery systemNumber of land transfers effectedCo-ordination between local community structures, NGOs and GoU officials

11.4 Community Development Action Plan

UETCL has a department that handles community support programs that is mandated to see to it that the wider community i.e. communities surrounding the

PAPs and those that have been using the social amenities such as water sources, powerlines, fuel resources etc were affected. This department also makes

sure that the PAPs livelihoods are restored plus assisting the vulnerable to resettle. They perform a needs assessment together with communities to come up

with the priority areas that can be implemented. These activities usually are implemented depending on availability of funds usually provided by the funding

agency. For example this is happening for the Bujagali project because the funds were provided. Therefore for this project the community support program will

only take place depending on availability of funds.


12 CONCLUSION AND RECOMMENDATION

12.1 Conclusions

The following is a summary of the Resettlement Action Plan:

a) A number of steps have been undertaken in identifying the social impacts related to land acquisition

for the Kawanda Masaka 220 KV, 137 km line. The survey and census studies concluded that the

transmission line is likely to affect 13596 people. The general project area has 2136

households and of those about 160 households will lose their Residential structures Other

project impacts include impact on water supply as some water sources will be affected,

land take, disruption of social networks and loss of livelihoods and temporary structures.

b) Special attention should be given to the vulnerable PAPs who are 7% of the total PAPs.

According to the socio-economic survey, women, child headed households and the elder were

identified as the most vulnerable. Given their limited opportunities to actively engage in production;

they are less likely to cope to economic shocks in the once the project commences. Hence, the

compensation framework has taken into account these vulnerabilities.

c) Public Consultations: A lot of consultations with the affected communities were done.

There were areas especially urban centers where the consultant had difficulties interviewing the

PAPs. In Buwama B, the PAPs were unwilling to be interviewed because they were squatters

who felt that the interview was meant to evict them. In Bukooza and Binzinya areas the

resistance was mainly for socio-cultural reasons. The residents within these areas

expressed fear that the graves of their ancestors might be excavated during the

construction of the line. Most of the respondents resisting the project were of the opinion

that they will not benefit much from the same.

d) Project Impacts: The project will traverse a long stretch of land with considerable levels of

mitigable impacts to the flora and fauna. There are also impacts which will be social

economic in nature especially during the construction phase.

e) 4. Monitoring and Evaluation: For the RAP to be successful, there will be need for

continued monitoring and evaluation. This will ensure that arising issues are properly

addressed.

f) Requests: Emanating from the public discussions and meetings, the following requests

have been made by the locals:

Use of local labour during the construction phase

Provision of electric power

Timely compensation


Establishment of liaison offices for grievance redress along the entire route

g) Resettlement: UETCL will provide both the financial input into the resettlement process as

well as significant additional managerial and technical expertise. To this end, UETCL is to

constitute a resettlement unit immediately after the completion of the RAP final report.

12.2 Recommendations

a)Continuous sensitisation of affected communities in the pre-construction phase of the project,

especially in the populated areas of Nabusanke Town A, Buwama B, Lutente, Lukuli, Kayiriti,

Kalagala Kiterende, Kamugomba Namasenene, in addition to people living in urban centers

such as Buwama, and Lukaya. They should be encouraged as a preparatory measure before

project implementation. UETCL should be at the forefront in ensuring this is carried out

b)UETCL should compensate all the affected persons in a timely manner using the prevailing market

rates.

c)Before resettlement, the PAPs should be mobilized and counseled both socially and

economically to avoid undue social and economic disruptions. Where applicable, health

experts should be involved in counseling to create awareness within the community on

issues relating to Health using the existing Government Structures in those areas like Health

Center III which are found at every Sub-County.

d)Compensation to PAPs should be made before demolition commences. This will be done at

either the UETCL offices and/or provincial administration offices. A minimum of one month

notice should to be given to the PAPs to enable them salvage their assets

e)UETCL should be responsive and live up to corporate social responsibility in the project area

through the following activities:

f)Rural electrification programme

g)Water supply

h)Re-vegetation of the area

APPENDIX 1. LIST OF VULNURABLE PERSONS

District Village M F Total VulnerabilityWakiso Senge 2 1 3 1 male drunkard, 2


aged

Kigoma - 2 2 Aged/widow

Bukasa Bukulu 1 3 4 Aged

Serugoye 1 1 2 Aged

Nsujju mpolwe 1 2 3 Aged

Galatiya 2 2 4 Aged

Kagaba 1 1 2 Aged

Katende

Kiwamirembe

1 1 2 Aged

Kavule 2 - 2 Aged

Kyambizi 1 1 2 Aged

Sub- total 10 12 14 26

Mpigi Maziba - 4 4 Aged/Widows

Membe - 5 5 Aged/Widows

Mpami Lufuka 2 2 4 Aged

Bugabo - 1 1 Aged/Single

Kiswa 3 1 4 Aged

Nabuzi - 1 1 Aged

Lwamulamira 1 - 1 Aged

Mbizinya 2 3 5 Aged

Buyaya - 3 3 Aged

Majja 2 3 5 Aged, 1 female HIV

positive

Kanaani 1 1 2 Aged

Kyabaddaza ntula 3 - 3 Aged

Mpambire - 1 1 Aged

Kamengo 2 1 3 Aged

Buwama B 3 2 5 Aged/1 Male PWD,

Kasubi kamu 1 3 4 Aged

Kwaba 4 3 7 Aged

Nabusanke 2 - 2 Aged

Kikomazi 3 - 3 Aged

Lukonge 2 1 3 Aged

Kalagala Kikutizi 2 3 5 Aged

Kasubo - 1 1 Aged/single/


100years

Jjandira 3 8 11 Aged

Lubanda 3 2 5 Aged

Kayunga 1 3 4 Aged

Muge 4 3 7 Aged

Sub total 26 44 55 99

Masaka Lutete 1 3 4 Aged/Widows

Mwalo 1 3 4 1 male minor 16yrs/Widows

Kalagala Kitereke - 2 2 AgedKamugobwa

Namasenene- 5 5 Widows

Kitega B 1 - 1 AgedKalagala - 3 3 AgedKyalusowe 1 1 2 AgedMatanga 1 5 6 Aged/WidowsKabale 1 2 3 Aged/widow/1 HIV

positiveLutengo - 1 1 AgedMakoko - 4 4 Aged/WidowsLukuli - 1 1 Aged/WidowBajja A - 2 2 Aged widowsNabisoga 2 4 6 Aged/WidowMwota 1 - 1 PWD/wheel chairLutente - 1 1 Aged widow

Sub-total 16 9 37 48

TOTAL 65 106 173


APPENDIX 2. SUMMARIES OF CONSULTATIVE MEETINGS

Summary of Public Consultations Held During the Update and Review of RAP October 2010

Public consultation meetings were held in areas judged to be affected by the planned power line. The meetings were facilitated by a team of consultants headed by Elizabeth Aisu. The other team members are: Juliet Musanyana, Nathan Lyada and Nuwahambasa Yorukam who worked hand in hand with the Local Councils of the affected PAPs.The following shows the summary of the discussions:

No. Name of villages Summary of Issues Raised In attendance

1 The Ngonge Clan Cultural Burial Ground in Bukooza village, Mpigi District on 09/10/2010 at 10.00am to 12.30pm

They were not clear on how much land on the grave yard was affected by the T- line

They wanted to know whether it was still possible to make a diversion instead of making it pass thru the grave yard

They wanted to know whether it was possible to make the T- line pass over the graves without necessarily fixing the poles in the grave yard

“-------- my wish is that the grave yard should not to be affected at all. Is it possible to just make a slight diversion so that the grave yard is not seriously affected?” (Mr. Kamya Paul)

“---------- please, try as much as possible to ensure that the grave yard is not affected. ----------- The resolutions that we shall reach today should be documented for future reference. Many times people who have not been part of such a process cause trouble and conflicts” (Dr. Maria Babubya)

“……….it is becoming increasingly expensive for some of us to travel from Kampala and yet you need us for more consultations. How much reserve land is available from the right of way across the grave yard on both sides? …… Please utilise the reserve as much as possible to ensure that the grave yard is not affected.

25 clan members, 1 representative from UETCL and 4 consultants


The Ngonge Clan members noted that it was important to reach a 50/50 agreement

There was need to bring the legal officer on board during the next meeting so that further analysis and clarification is made about the legal implication of the agreement to be made between the Ngonge Clan and UETCL.

The line should be diverted to affect the immediate land near the grave yard “All this land around the grave yard is ours. If possible shift angle points 20 metres towards the left.

In the next meeting, the team from UEDCL should come with a positive attitude.

N.B In the same clan, 6 homes are already affected by the T- line.

2 Teketwe Buwaama Country gardens in Buwaama Sub-County, Mpigi district on 09/10/2010 at 2.00pm to 3.30pm. The meeting was intended to discuss issues related to The Kkobe Cultural site.

Nsereko Kalamazi Basajja Subi was the great grandfather of the Kkobe Clan. He used to play Mweso game on that stone at the Cultural Site. He had a dog that stayed by his side all the time. To date, the marks of this game and the foot prints of the dog are visible on that stone.

When Nsereko died, he just disappeared and vanished beneath that stone. It is strongly believed that he lives in that stone and that is why it is cultural ground where all rituals for the Kkobe clan are performed.

The Kkobe clan has an established leadership. The cultural leader is called Namwaama. Under him are 11 ministers (locally referred to as Ssiga lya Kakinda, Kayiwa, Wanda, Kauma etc), each of whom has a lineage with children, grand children, great grand children, etc.

Each “Ssiga” comes to the above cultural ground once every year with its entire lineage that spend a night before dispersing.

Each Ssiga played a role during the construction of the biggest structure found at the cultural site so great value is attached to that structure as well. Members of the Kkobe clan come to this cultural site for all sorts of treatment. Some of them just lie on the above discussed stone

Mr. Buule Buwaama - The representative of The Kkobe Clan, 4 consultants, 1 representative from UETCL.


for as long as 2 weeks and it is believed that Nsereko heals them.

“ ……. With the affected house it is okay because it can be relocated but for the stone, it is impossible because it is the main ground for performing rituals. It is traditionally recognised and has been in existence since time memorial. It is estimated to be over 300 years old”

Professor Nsereko Munaku Kaama and Sheikh Zubairi Kayongo are some of the highly placed people in the Kkobe Clan.

Currently there are 4 people who are permanently resident at the shrine

Should that cultural ground be distorted, Kabaka Muwenda Mutebi will be seriously affected.

3 Jjandira Village, Kayabwe Parish, Mpigi sub county, Mpigi District on 10/10/2010 at 10.30am to 12.05pm

The surveyors came and surveyed, how come that our names are among those whose properties were not valued yet we did all that was required? Is it possible to avail us the whole list? – Kiwanuka Bosco

You have wasted out time. We stopped any activities on the land and yet up to now nothing has happened. Since 2008, we are still on the same issue.

It seems the surveyors are inefficient. What explanations do you have for the discrepancies in the lists? - Wamala George

If the surveyors came and found what they counted on my land is no longer on the land, will I be compensated? E.g. banana plantations, coffee trees, after valuation, there is depreciation and appreciation, what will be considered?

How will the surveyor determine the amount to pay for our property because prices of items keep fluctuating? The cost of cement in 2009 is not the same on 2010.

Why can’t you people be certain about the date when the project will take off? We need to cater for our families and yet you stopped us from utilising the affected land for even small projects like poultry and piggery.

Is it possible to shift the line at this time?

14 PAPs, 4 consultants


4 Lubanda A, Nkozi sub county, Kayabwe parish,Mpigi District on 10/10/2010 at 12.30pm to 2.00pm

The Valuers gave us forms after valuing our property. What will happen to those people who have already lost those forms?

People have died and others have inherited property but land titles have not yet been secured. Will the government just take over this property or what exactly will be done?

Why is it that some people who are affected by the T – line are not on the list?

My name came back as Namutebi without the second name, why?

Why is there no office in our locality where we can register our complaints?

The experience we had during the road construction was not the best. People were compensated with variances in amount of money. People were not allowed access to the books, not even signing against our names or seeing the figures. Is that what you people are also going to do?

When is the project setting off? We have waited for a very long time and yet the surveyors stopped us from doing any activities on the valued land.

During the road construction, people were asked to relinquish their original land titles which were taken to Kampala. Will you people do the same thing? Will you not con us?

In a situation where the original land owner died, and the land is inherited, but before the land titles are updated accordingly, this person also dies and another person takes over. What is going to happen in such a case?

We need more sensitization.

20 PAPs, 4consultants

5 Nabusanke Village, Nkozi sub county, Nindye Parish, Mpigi District on 10/10/2010 at 03.00pm to 04.00pm

I personally want to be the one to look for a place where to relocate. I don’t want the government to take me to a place of their choice. I want to be given the opportunity to choose my own new place. Kiwanuka Ben

How will you be sure that the person who has been compensated has utilised the money wisely or that the person has actually used the money to acquire a new place? Sendagala George



Actually we have no major problem. All we want is to be paid because right now we are not sure when payment will be made and yet prices of building materials increase every day.

We were stopped from building and yet some of our houses need renovation.

When the time for payment comes, will you help us to open up accounts or determine the best banks for us to use?

6 Mbizinnya Village, Mbizinnya Parish, Buwama sub county, Mpigi District on 11/10/2010 at 10.05am to 11.30am

Why don’t you give people the chance to look for their own new places instead of government doing it on people’s behalf? Musoke Paul

In case the “kibanja” is in the names of the late husband. Right now I am a widow. What shall we do about this?

In the beginning, you told us that before making an agreement with you, we can continue using the land for some activities, should we continue? Ngeregeze Mirriam.

The first team that came told us to stop activities on the land, the second team told us to continue working on the land, why the inconsistence? Namwanje Hanifah

People need to know the specific time when the project is starting so that they plan properly what to do next. Or why don’t the agreements be given when surveying and valuing property on land? Kato Damiano.

The first team that came told us that 40 by 40 but then added that they will only pay for 15 ft, why?

When do you hope to pay us? Will you pay us for the time we have put in this venture? Some of us leave our gardens to come for these meetings. Ssebusolo Charles


7 Kanaani village, Bongole Parish, Buwama sub county, Mpigi District, on 11/10/2010 at 12.00pm to 1.30pm

Some people have died and left heirs but the names on the titles are yet to be changed. What will happen?

I was told that when the surveyors came, they took photos of the people affected but I was not around so I missed. What will happen to me? Kisitu Silas

17 PAPs, 4consultants


I have an Aunt who died but left a daughter. When the time came for taking photos, the surveyor said e needed the orphans to be around with the letters of and yet I cannot get these letters. What will I do? Ndolere John

8 Kabuye Ntaayi Village, Budde Parish, Budde sub county, Mpigi District on 11/10/2010 at 2.00pm to 3.30pm

The forms that were given to me by the valuer got lost. What problem will it cause? Kalulu Joseph

I was not around when the valuers were doing their work. How is government going to determine the cost of my property? Selubowa Vincent

They asked for land titles and agreements, what happens if don’t have it by the time it is being asked for.

One of my relatives is rarely around to handle these land issues. What will happen in this situation because the ones that available are young and can’t take decisions.

There are some orphans and the eldest is only 7 years old. Who takes responsibility of handling these issues – the children or the guardian? Ssemujju Ronald

The Christians that pray at St. Vivian Catholic church were requesting to relocate this Church to the nearby land. Is this idea okay?


9 Lubanga – Nabwewanga, Mugge Parish, Nkozi sub county, Mpigi District on 11/10/2010 at 03.45pm to 05.00pm

Before the survey, this part was not affected so I went ahead and built this house. Afterwards, another team and said this house is inside. We had even started building the toilet but we were stopped. Male Muhammed

PAPs were concerned about the delayed payment and were not sure whether they would ever be paid at all


10 Kasubo Village, Kayabwe Parish, Nkozi sub county, Mpigi district on 12/10/2010 at

We lost hope in cultivation since we were told not to cultivate on this land any more. We used to get money from bananas, coffee but since we were stopped from doing any activities; we depend on our grand children who sometimes come to our rescue. Namulondo Janet

13 PAPs,4 consultants


10.06am to 11.20am By the time surveyors came, there were some crops on our land. But right now there is nothing so what will they value when they come?

11 Mpambire Village, Konkoma Parish,Mpigi Town COUNCIL, Mpigi District on12/10/2010 at 12.00pm to 1.30pm

Nagoya Charles complained that ever since his things were valued, he has never seen any document. Should he assume that there is no payment for his property?

Many people’s property was not valued and they do not have any documentary evidence, what will happen?

Property to be valued was counted but not presented well on the documents. E.g. many minors were counted but only two appear on the forms.

When the valuers come, we should go with them to the real sites because some people are masquerading as owners and yet they are not.

UETCL is delaying. They should speed up the process because we are soon dying.

Where there are family wrangles and the woman does not agree with the husband and children, women are of the view that land is bought and a house constructed for them instead of giving them money.

Namuyingo Judith is a wife to Senjabya Joseph. They have been having a land dispute but the wife recently won the case and all the land agreements are in the names of Namuyingo Judith. How will this be handled?


12 Kalagala/Ziwungwe, Lwanga Parish, Mpigi Town Councl, Mpigi District on 12/10/2010 at 2.00pm to 3.30pm

There are different types of land ownership: Mailo land, land lords, plots, Kibanja. Whatever the type of land ownership, it is in the hands of grand children because generations have passed. Some of these live as far as Mpami Lufuka. How will these be handled?

We cannot stop using our land for various activities because we are not sure when UETCL will start work. In any case we have not yet been paid.


13 Mpami-Lufuka, Ward A, Mpigi Town Council, People cannot be satisfied with words. We need to know how much money we are going to be

paid but up to now we are not sure, so the next time you come, be prepared for proper



Mpigi District on 13/10/2010 at 10.00am to 11.30am

negotiation.

Most land owners have not been talked to and yet they are the most important people to consult.

Many of us were not around during valuation and many things were left out. You have been promising us that you will come but you have over delayed. We wonder when you will really come and value. Lubega Margaret

Some of us will die soon. Our heirs will not know what to do. Luggya Moses

We request that you give us enough notice (at least 2 weeks) before the meeting so that we don’t miss it.

I had started a bricks project so that I can build but now it is 2years down the road and nothing has happened. Try to speed up your processes. Balamaga Musa

I needed to get this money as soon as possible because I am aging. Otherwise you might find when I have sold of this land. Mugambo Hassan

We are not going to attend any more meetings unless you assure us that you have brought money.

I was engaged in poultry, piggery, brick making and selling tomatoes. All these projects have died. How are you going to compensate me? Luggya Moses.

14 Membe, Maziba Parish, Mpigi Town Council, Mpigi District on 13/10/2010 at 12.30pm to 2.45pm

Some people sold land after it was surveyed and valued. Right now the owners are not known.

Agreements should be made immediately after valuing so that we are certain. We should be given allowances because we usually spend a lot of time and money to attend

these meetings.



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