ANNEX 1

RESETTLEMENT ACTION PLAN

SUMMARY

Project Title: Multinational Uganda-Kenya (Kapchorwa-Suam-Endebess-Kitale –

Eldoret) : Kapchorwa – Suam Section

Project Number: P-Z1-DBOO-107

Country: Uganda Department: OITC

Division: OITC.2 Project Category: 1

1. Description of the Project

The project is 73Km which starts from Kapchorwa town in Kapchorwa District and ending at

Suam Bridge, which forms the boundary of Kenya and Uganda in Bukwo District. The project

road traverses the three districts of Kapchorwa, Kween, and Bukwo. However, in Kapchorwa

district, the road project directly affects only one Sub-county (Kaptanya Sub-county) in

Kapchorwa district. According to the MoWT Geometric Design manual the project road is

classified as Class A, the highest functional class, because it connects the North-Eastern

Uganda with North-Western Kenya.

Kapchorwa-Suam road is earmarked for development to contribute to Uganda’s medium to

long term transport sector policy that aims at promoting efficient and effective transport

services as a means of providing effective support to increased agricultural and industrial

production, trade, social and administrative services; enhancing national and regional

integration; and social transformation. The construction of Kapchorwa-Suam project will

stimulate economic production and productivity (agriculture, industry, tourism, marketing, and

small enterprise development), improve the delivery and quality of social services (education,

health, public administration, banking, ICT, local administration); contribute to national and

regional integration and security through improved road connectivity and operations across the

East African Community; and social transformations, including gender roles and practices.

2. Potential Impact of Kapchorwa-Suam Road

The Kapchorwa-Suam road is a linear project and hence source of impacts are as a result of

creating or re-assessing the road reserve. It is not anticipated that the project would result in

large scale land acquisition since it will occupy a narrow strip of 30 metres mainly along

property frontages following land surveys and valuation carried put in July 2015. It is estimated

that a total of 2,564 will lose land with structures thereon and of these only 34 are built with

permanent materials and the rest is either semi-permanent or temporary. Overall, the table

below summarizes the level of impacts and magnitude. The project will have an impact on

settlement, assets or access to assets (land, structure, forest), disruption of access to

income/sources of livelihoods and social services.

Type of Resettlement Impact

Type of Impact Amount Of Buildings affected

Asset Ownership categories

Required additional space beyond the existing

road limits

566,195.37

Sqm

Total number of affected people, having and

structures

2,564

Number of people having vacant land 23 (0.5%)

Number of people with land with structures 2,564 (52%)

Number of people with structures and crops 2,393 (48%)

Asset Ownership by Gender

Men ownership of asset 2493 (96%)

Women ownership 113 (4%)

Public Utilities that are close to the road

Schools 23 9

Health facilities 4 3

Places of worship 8 1

Police Post 2 1

Uganda Prison 1 2

Conservation area including national park (UWA) 5

Roadside open markets 4 3

Uganda Revenue Authority Post 1

Water Pipe crossing (mentioning)

Several trading center (not directly affected)

Co-operative society Post 5 2

Uganda Prison/Police 2

Uganda Revenue Authority 1

Veterinary Department 1

Most of the land that will be affected is under use, with only 0.5% of land being

vacant

Results from classification of name gender as they appear in the valuation report

suggest that 96% (2493) of the affected land is owned by men and only 4% (113)

be women.

In terms of economic displacement, the road will affect mainly land-based

(subsistence farming), and small number of enterprise-based and wage-based

livelihoods. The enterprise-based livelihoods are in the form of small shops (that

also double as residential houses), open markets.

The socially and economically disadvantaged groups that are likely to be affected

by road and may have difficult in accessing and/or benefiting from the project were

mainly widows and the elderly.

The road will have partial impact of 57 facilities and institutions and these are:

schools, places of worships, health facilities, places of worship, road side open

markets, (micro) co-operative societies, Police Posts and Uganda Prison, Uganda

Revenue Authority, and veterinary department. However, the impact of the road

project on institutional assets will be partial because the road will take a small piece

of land and/or destroy a few buildings that are within the designated right of way.

In particular, the road will affect 5 conservation areas part of those is Mt. Elgon

forest reserve, planted as part of environmental conservation and tourism project in

Mt Elgon National Park.

3. Organizational and Institutional Responsibilities

There are five institutions that are instrumental in the implementation of compensation and

these are the Ministry of Lands, Housing and Urban Development (responsible for

Compensation); Lead Agencies/Ministries and in this case the Uganda National Road

Authority; the Local Government; Civil Society Organizations, and the donor agency (the

ADB)

Ministry of Works and Transport

1. The road sector in Uganda falls under the Ministry of Works and Transport. The

Ministry of Works and Transport is the Government of Uganda’s Ministry has the

mandate to plan, develop and maintain an economic, efficient and effective transport

infrastructure and transport services by road, rail, water, and air.

2. Uganda National Roads Authority’s (UNRA) represents the Ministry of Works and

Transport. Based on its mandate, UNRA has the mandate to collaborate with the donor

to manage the project implementation, oversees the implementation of road safety

issues, environmental protection and/or adoption of mitigation measures, and

coordinate the RAP planning, implementation, and monitoring the RAP activities

(consultations, grievance redress, compensation, land acquisition, and implementation

of complementary initiatives).

3. Ministry of Lands, Housing and Urban Development –This houses the Land

Administration Division, with two divisions that that are instrumental in valuation and

land administration acquired by the road project. Heading the Land Valuation Division

is the Chief Government Valuer that is responsible for timely and reliable real property

valuations, as well as validating and approving the valuation reports produced by the

RAP consultant hired by UNRA. The Land Administration Division responsible for

issuance of title deeds for the road reserve.

4. At the local level, the District Land Boards (DLB) are statutory bodies that manage

most land in rural areas and facilitate the registration and transfer of land ownership,

compile/ maintain/review a list of rates of compensation for non-permanent assets, and

(crops, non-permanent buildings)

5. Civil Society Organizations- the NGOs operating in this region have been Action Aid,

Compassion International, Sebei Diocese, Reproductive Health Education Program,

and KASOWA. Their program activities focus on landholding issues, advocacy, and

gender issues (Female Genital Mutilation and Gender-based Violence).

Key Institutional to facilitate Compensation and Resettlement Activities

Institutions/Organizati

ons

Participation and Collaboration

International Level

Donor Agency (ADB) (Co)fund the project

Ensures compliance in line with Donor Safeguards

National Level Institutions

Ministry of Works &

Transport

Construction supervision and ensuring compliance with policies and standards of

the transport sub-sector

UNRA As project proponent and implementation agency, UNRA is fully responsible for

resource mobilization, supervising compensation payment (resettlement), and

overseeing grievance management.

Co-coordinating all agencies involved in resettlement activities

Liaising with the Ministry of Finance and Economic Planning to get funds for

compensation payment

Endorsing compensation

Liaise with the relevant project stakeholders for the smooth implementation of the

project

Ensure that social safeguard issues/policies are adhered to

Ministry of Lands,

Housing, and Urban

Development

Chief Government Valuer (CGV) is responsible for validating and approving the

valuation roll.

CGV inspects all affected property before granting final approval for compensation

of affected assets.

National Environmental

Management Authority

(under Ministry of Water

and Environment)

Review Social & Environmental impact assessments, ensure compliance, and

monitoring the mitigation measures

District Level Institutions

District Land Boards for

Kapchorwa, Bukwo,

Kween

Mandated by the Land Act

The DLB will facilitate the registration and transfer of interest in land

Compile and maintain and supply a list of compensation rates for crops, buildings

of non-permanent nature

Annually review the list of compensation rates

Authenticate the land titles

Counter-sign the compensation verification forms

Land Committees Ascertaining ownership and boundaries of affected lands, facilitating the registration

of land acquired by individuals

Community mobilization

District local

Government Councils for

Kapchorwa, Kween,

Bukwo Districts from LC

I to LC V

As community representative elected from the community and mandated by the

Local Government act, mobilize communities

Facilitate project acceptability

Overseeing and/or participate in grievance that might arise

Will be in day to day contact with the road project implementation teams

Identify the vulnerable groups

Local Government

administrative structures

As a technical wing of the local government, it will oversee and support the

planning and implementation of the resettlement plan

Community Development Office (CDO) structures at all Local Government levels

will support the RAP team in community mobilization

Local Councils Ascertaining and witnessing asset ownership and land boundaries 9during cadastral

and valuation surveys)

Community mobilization for land acquisition activities

participation in grievance redress mechanism

Project Affected People

(PAP) along the

proposed Road

alignment

Volunteer to surrender land to the project

Collaborate in the valuation assessment and willingly accept the compensation

package ( that are fair and adequate), and relocate to new site

Participate in the construction works

Project Implementation

RAP Consultant Plan, implement, and evaluate RAP preparation and implementation

Sensitize the communities and making consultations

Coordinate of resettlement process, and stakeholders

Address grievances in a transparent and timely manner

Consulting Engineer Review designs

Contractor Ensure compensation before work Contractor sociologist report injurious affection

issues, replacement of public utilities located in the road reserve

4. Community Participation

Community Consultations

A series of consultations have been conducted since the commencement of the RAP

preparation, and the major ones are those in October 2009 and July 2010 by Beza consulting

Engineers; 2011 by BEZA; in February and July 2015 by Roughton International.

The methods involved:

Consultations with national level stakeholders, namely; the Chief Government Valuers

about the compensation rates

Consultations with the Local Government officials in Kapchorwa, Kween, and Bukwo,

using a combination of in-depth interviews and Focus Group Discussions,

Implementation of a social socio-economic survey among 282 project affected people

along the road

Consultations with the project affected community, through public meetings, intended

to disclose information relating to project activities and making consultations on

preferred form(s) of compensation

Holding discussions with others stakeholders Chief Government Valuer's Office,

Uganda Wildlife Life Authority (Suam), Uganda Wild Authority (Suam), Uganda

Police (Kapchorwa), Health workers (Kween and Kapchorwa Hospital), Commercial

Banks (Centenary Bank), Civil Society Organizations (Action Aid), and Mt Elgon

Labour-based Training Centre)- as part of RAP consultations and drafting

complementary Initiates

Information shared/disseminated

A typical public sensitization session provided the following information

1. The proposed projects, its components and activities

2. Eligibility, cut-off date and entitlement

3. Valuation and compensation principles, procedures and process, including need to have

a Bank Account

4. Disclosure of compensation entitlements

5. Documentation requirements for verifications and compensation

6. Potential compensation barriers and delays

7. Sensitization on productive investment of compensation payment to avoid post-

resettlement impoverishment and intra-household misallocation of compensation

benefits

8. Guarding against potential fraudsters and impostors

9. Grievance redress mechanisms and procedures

10. Questions and answers session

11. Discussion of complementary initiatives, if necessary.

The full details of responses to community concerns have been summarized in the RAP report

for reference. The key recommendation for the next phase is that consultation and participation

should be on-going process

5. Integration with host communities and selection of Alternative Sites

Based on stakeholder consultations and the past valuation report, land acquisition for

Kapchorwa-Suam project will not result in mass displacement of people that necessitates

selection of resettlement sites, planning, influx management, monitoring and evaluation. This

project will not result in massive resettlement mainly because of two reasons.

First, Kapchorwa-Suam as a linear project will not result in large scale land acquisition

it will occupy a narrow strip of 30 metres along property frontages.

Kapchorwa-Suam project is not a new road but an existing road that has an established

Right of Way (ROW). The remaining landholding in the backyard should be

economically viability for restoration activities. In fact, the socio-economic survey

results suggest of the 282 affected people, 206 (73%) had another piece of land located

elsewhere off the road.

Even when the resettlement of the entire communities or concentrated groups of People

was desired and/or necessary, there is no large block of landholding that is available

due to overpopulation and confined settlement typical of mountainous areas.

6. Socio-economic Studies

The objective of the socio-economic sample survey was intended to generate socio-economic

characteristics of the project affected people, the potential impact of the project socio-economic

activities and preferred form of compensation/resettlement.

In terms of methodology, the property and valuation report generated January 2011 had

previously enumerated 2688 affected persons along Kapchorwa-Suam. Of the 2688 PAPs, the

socio-economic survey sampled 282 (or 11%) project affected people who were interviewed

using a structured questionnaire (attached), to generate the statistical data presented in this RAP

report. Of the 282 only 10 were female property owners. The table below summarizes the key

findings.

Variable Key Findings Implication for RAP implementation

Ethnic composition Majority (81% 231) of the PAPs are Sabiny,

and a small proportion of PAPs is Kalenjin

(15% 43), less than 1% percent is Bakusus,

Gisu, Itesot and others.

Through interpreters, during public meetings,

Kuksapiny language should be the major

medium of oral communication

Marital Status Almost all (93% 230) of the PAPs are married

people (both monogamous and polygamous

combined),

The road project will affect mainly married

people and the RAP project should protect

family members from post-compensation

impoverishment

Level of education Majority (82%) of PAPs attained equal or

less than ordinary level of education, and

18% have a university degree

In disclosure of project information, simplify

technical issues, implement continuous and

repeated sensitization, emphasize oral

communication

Permanence of

residence

Majority (93% 250) of PAPs indicated that

they have always lived in the current place

of residence.

PAPs will be readily available in and around their

homes, but also effect timely compensation

because the affected do not have alternative

homes

Sources of income and

monthly household

income

The main income earning activity is

subsistence farming, followed by self-

employment (informal sector activity),

The household monthly average income is

UGSh. 508,581, equivalent to USD 179

Project will affect mainly land-based sources of

livelihood.

As part of livelihood restoration, plan general

targeted assistance to assist the most vulnerable

individuals or to boost production levels and

marketing

Ownership of ICT The largest proportion has access to mobile

phone (71% 200) and radio (63% 178). Less

than 10% have access to TV, internet,

newspaper, and fixed landline telephone

Adopt appropriate information dissemination

methods to suit that limited access to ICT

Access to land and

gendered control

Almost all (98% 271) the PAPs indicated that

they have access to land, mainly men have

control over that land.

Project will affect mainly land-based livelihoods

Land Tenure and

evidence of ownership

The main type of land tenure in this region

is customary land (84% 238),

Half (56% 157) of the landowners have

customary agreements, a third (30% 85) do

not have proper ownership documents,

very few (3% 8) have land titles

The project will affect mainly people without

formal legal rights to land but recognisable

customary rights, and would still be eligible for

compensation

Disruption of access to

land

The calculated average suggests that PAP

has access to 9.6 acres of land and some of

that piece(s) of land are located near and

around the road and elsewhere.

The road project will not have significant

physical and economic displacement especially

in rural settings where majority of homes have

extra pieces of land in the backyard.

Project acceptability Almost all (98% 275) the affected people

that were sampled are readily willing to

surrender their property and the associated

sources of livelihood

No risks of project rejection

Preferred form of

compensation

Majority (73% 206) would prefer cash

compensation for the affected land, and a

quarter (26% 73) would like to have land

replaced elsewhere equivalent to the

advantage of the previous land.

Land-to-land resettlement is not the best option

in land-scarcity settings. During consultations all

opted for cash compensation

Having a Bank Account Only 38% (106) of the affected people have

a Bank account,

Project should encourage PAPs to have bank

accounts prior to compensation and banks

should be invited during compensation

disclosure to facilitate beneficiaries, including

vulnerable groups to have Bank Accounts

7. Legal framework, including for conflict resolution and appeal

There are a number of national and local legal frameworks that regulate land relations in

Uganda, and the main are:

1. The Constitution of the Republic of Uganda 1995

2. The Land Act, Cap 227(Revised)

3. The Land Acquisition Act (1965)

4. The Access Roads Act, Cap 350 (June 1969)

5. The Roads Act, 1949)

6. The Traffic and Road Safety Act (1998)

7. The Local Government’s Act 1997

The main pieces of legislation regarding compensation and resettlement issues are the

Constitution of Uganda (1995) and the Land Act (1988), the Land Act Cap 227 (revised) 1998,

and the Land Acquisition Act (1965). The key message is that no deprivation should take place

before prompt and adequate compensation.

Comparison between Uganda and AfDB Legal Framework

There are some differences between the policies of the development partners in Uganda

especially the AfDB compared to the Uganda Laws on Resettlement and Compensation. The

details are presented in the matrix/table 8.1 of the RAP report.

1) Impact: The MoWT does not have a policy on resettlement planning and to avoid, minimize,

or mitigate the impacts of the project. Instead, in the past Uganda has relied on the provisions

of the Roads Act (1949 Section 2) to protect a road reserve of 15m either side from the

centerline. The mitigation measure is that the planned road will follow the existing road

reserve to avoid or minimize adverse project impact.

2) Qualification for Entitlement: The AfDB recognizes entitlement to compensation by those

who have legal rights to land or other assets, those who may not have legal rights to land or

other assets but can prove their claim under customary laws of the country, those who do

not have recognizable legal rights or claim to the land they are occupying in the project area

if they themselves or witness can demonstrate that they occupied land for at least six months

prior to cut off date. The Uganda Laws are silent about the economically displaced who do

not have legal, customary, or locally recognizable land right (for instance, economic

squatters). Compensation is restricted to those tenants who can seek consent for transaction

from registered land owners.

3) Consultations: While the Land Acquisition Act stresses the need for prior written consent

in the event of land acquisition, the regulations do not require or prescribe negotiation of

compensation packages, resettlement, and resettlement assistance; or consultation

throughout the project cycle; or how host communities shall be engaged during resettlement

activities

4) Grievance: Uganda laws recognize the need for a mechanism to voice their grievances,

mainly land related grievances in courts of law and customary authorities. However the

laws do not explicitly require that development project implementers develop additional

grievance redress mechanism to handle a wide range of resettlement related grievances, and

that are accessible to affected communities and individuals. The Borrower will commit to

AfDB ISS that requires establishment of culturally appropriate and accessible grievance

procedure.

5) Compensation: AfDB requires that the affected people are supposed to be compensated

for all their losses at full replacement cost before their actual move. The borrower gives

preference for land-to-land compensation and/or compensation-in-kind cash-in-kind based.

On the other hand, in Uganda, the Land Act does not require that persons with land-based

livelihoods are offered land-based compensation, instead cash compensation. The Uganda

laws differ with AfDB OSs on how compensation rates are computed. The Land Act does

not offer the full replacement cost prescribed by the AfDB, instead the depreciated

replacement cost for rural structure. To reconcile the two, the borrower is committed to

compensating at full replacement cost of structures and land.

8. Grievance Redress mechanism

In compliance to AfDB Policy Requirements and UNRA’s LAMS (and the Land Act CAP.

227 section 56-68) that recommends the setting up of grievance and appeal mechanism, this

RAP recommends the Grievance Redress Mechanism (GRM). The objective of the Grievance

Redress Mechanism is to have a culturally appropriate and accessible grievance mechanism

that resolves grievances, disputes, and appeals emerging from the planning and implementation

of Kapchorwa-Suam road project. The key principles and best practices of grievance redress

process are culturally appropriate, simplicity and accessible, fairness, evidence-based, speed

and proportionality. In order to achieve those principles, this RAP recommends three types of

appropriate grievance mechanism to dispose of grievances in a timely manner.

1. Project Grievance Office (PGO)

The PGM will be in charge of receiving, evaluating, investigating, resolving grievances, and

providing a resolution feedback. To facilitate access to all segments of the affected

communities at a marginal cost, it will be necessary to have two Project Grievance Offices that

are strategically located in Bukwo and Kween districts respectively. The two offices will be

managed by the grievances assistants, supervised by the overall project grievance officer (who

can double as a sociologist), where necessary, assigns grievances to the project staff, monitor

grievances, generate responses and handle feedbacks, and dissemination of grievance results

to stakeholders.

2. Community-based grievance committees (CGC)

The CGC will be an ad hoc committee, operational at the sub-county level, charged with the

role of resolving local or site specific grievances that may relate to local property ownership,

as well as providing guidance and insights into fairly complex outstanding grievances that are

being handled by the project grievance team. The membership composition of the CGC will

include; sub-county chief (as a CAO representative), Chairman Local Council III, Local

Council I (of grievance origination), Chairman of Land Area Committee, and opinion leader

(clergy, or clan leader, or Civil Society representative[s]).

3. District Grievance Committee (DGC)

The proposal to have GRM originated at district level. The justification for this third layer

grievance structure is to create a forum in which both the project team and district technical

staff participate in resolving complex and highly politicized grievances, sharing information

on policy implication of outstanding grievances, and reviewing outstanding compensation

barriers. The membership will include; project consultant (project sociologist, accountant, and

lawyer); Resident District Commissioner (RDC), Local Council Five (LCV), Chief

Administrative Officer, Town Clerk, District Land Office/DLB, Physical Planner, Production

Officer, District Engineer, and a representative from Civil Society Organization.

Grievance Redress Process: To achieve the key grievance principles, the grievance resolution procedure will entail several

interactive processes, sometimes involving a back and forth process. The grievance redress

process will entail:

1. Designing and establishing the Grievance Redress Mechanism

2. Receiving grievances

3. Processing and Assigning Grievances

4. Adoption of grievance resolution options

5. Management of resolution outcome

6. Grievance close out appeal management

Grievance Time-frame

Depending on the complexity of the grievance, on average, the grievance resolution time-

period should not exceed 49 days, as the table below indicates.

Time-frame for Grievance handling

Activity Working days

Receiving and defining the grievances

Acknowledging receipt of grievance 5

Screening Grievance to establish eligibility 5

Grievance Investigation, drafting resolution approaches 14

Grievance discussion and resolution (in-house/grievant) 5

Preparation and communicating response 5

Getting reaction/appeals on decision 14

Closing out grievance 1

Total Time 49

Resources: The resources to run the GRM will include; people, budget, system and process

9. Institutional Framework

This project will not result in large scale physical displacement involving communities, except

individual physical relocation. When and where involuntary relocation or resettlement is

inevitable, three agencies will be responsible for resettlement activities, these are:

1. Ministry of Lands, Housing and Urban Development that will be responsible for

Compensation)

2. Lead Agencies/Ministries and in this case the Uganda National Road Authority

responsible for policy issues, approval of compensation, and overseeing the payment

process

3. For donor-supported projects, the Donor Agency, for instance the AfDB, to ensure

compliance with Donor Safeguards.

4. The District Local Government to support the project

5. Private partners in terms Civil Society Organizations and Financial Institutions that can

play an advocacy and supportive role. In this case, the project area has few active and

strong civil society organizations, mainly Action Aid, and few Commercial Banks –

Centenary Bank, Stanbic Bank U Ltd.

The details of the roles of these institutions/agencies are presented in the main RAP report.

At the project level, the RAP implementation unit will comprise the core team responsible for

the implementation of the RAP activities on a regular basis and the table below summarizes

the key staff:

Rap Team Composition

Staff Number Role

Implementation Manager 1 Co-ordination of RAP activities

Cadastral Survey 2 Land re-survey, title sub-division

Valuer 1 Re-valuation

Compensation Accountant 1 Compensation

Seeking approvals from the CGV

Sociologist 1 Stakeholder engagement and vulnerable

groups, monitoring, and report preparation

Compensation lawyer 1

Grievance Officer 1 Grievance redress

Assistants To assist the senior staff

Total 8

10. Eligibility

In the project, eligibility is defined as the criteria for qualification to receive benefits under a

resettlement program. According to the AfDB, there are three groups of displaced people who

are entitled to compensation or resettlement assistance and these includes:

a) Those who have formal legal rights to land or other assets recognized under the law of

the country concerned,

b) Those who may not have formal legal rights to land or other assets at the time of

census/valuation but can prove that they have a claim that would be categorized under

customary law of the country.

c) Those who do not have recognizable legal rights or claim to the land they are occupying

in the project area and who do not fall into the two categories described above, if they

themselves or witness can demonstrate that they occupied the project area for the last

six months prior to cut-off date established.

All the three groups will be entitled for compensation or qualify for compensation, and this is

consistent with the Uganda law. The Constitution of the Republic of Uganda and the Land Act

recognize the rights and interests over the four land tenure namely; customary, freehold, Mailo,

and leasehold. The law recognizes customary tenure as a form of land holding and thus places

customary tenants in a position of ownership. This means that customary ownership will be

entitled to compensation based upon the amount of rights they hold upon land, including the

disturbance allowance.

Cut-off date: This will be the date on and beyond which any person whose land is occupied

for the project will not be eligible for compensation. This is usually the commencement date

of the census of PAPs within the project area boundaries. In the case of this road project,

because of the rugged terrain and poor communication, the cut-off date should be considered

to be the last day of the census of affected people and properties in each of the three districts.

This cut-off dates for the respective districts is 17th July 2015.

Gender sensitive Entitlement and Eligibility: In this customary area, eligibility criteria

should not be restricted to ownership of legal titles over land and property, because women are

likely to be excluded; they may not have ownership of property and land even though they may

be principal users of the resources. As a protective measure, women will assume co-ownership

by witnessing the compensation forms as well as being signatories to the Bank Account for

depositing the compensation payment

Vulnerable Groups: Besides being eligible for compensation for the loss of assets and

livelihoods, they will be given additional/special assistance to rightfully get their

compensation, protected from opportunistic relatives, facilitated to open up Bank Accounts,

given targeted assistance on demand.

Road Reserve Settlers: These will be considered as squatters and will be compensated,

especially given the fact that they settled in the road reserve prior to UNRA's gazetting of the

road reserve through establishment of beacons.

Compensation for Community or Collective resources: This is eligibility that will be

claimed collectively, for instance, community resource or faith-based facilities. In this case,

the trustee (who is usually named on the title) will be entitled for payment. For public utilities,

it will be the responsibility of the contractor to restore all public utilities destroyed during the

construction process.

Proof of eligibility: Proof of eligibility which will be accepted will include: Land title, written

evidence of ownership (certificate of title, land sale agreement, donation/succession/customary

agreement), Letters of Administration in case of death of owner, Guardian Order in the case of

minor, and witness by local authority.

Livelihood Restoration: Through Complementary Initiatives the project will selectively

implement livelihood restoration/improvement projects in the two districts of Kween and

Bukwo. In Kween District the sites that were selected are: 1) Cheminy in Kaptum Sub-county,

2) Benyin in Benyin Town Council and, 3) Kabeleyo in Moyok Sub-county. In Bukwo districts,

the markets sites are; 1) Bukwo Town and, 2) at Nyalit Market. The construction of markets

will be associated with a stream of benefits including, restoration of livelihoods for the

displaced market vendors, expanded access to employment by the women, youth, former FGM

traditional surgeons, and generation of revenue for the local government.

11. Valuation of, and Compensation for losses

The assets that will be compensated include: loss of physical assets (land, buildings), crops,

and revenue or income resulting from economic displacement or physical relocation whether

these losses are permanent or temporary. All this will be done in consultation with the affected

people, and their representatives, in this case the district land board, to enlist the adequacy and

acceptability of the compensation. The affected person will have the opportunity to appeal

against the compensation value after disclosure of the compensation package, payment

For economic Losses: There are no provisions under Uganda Law. However, after

consultations with the Chief Government valuer the following allowances will be awarded for

loss of business, on top of the actual compensation and disturbance allowance:

For Loss of business income, payment will be based on half of turnover for 6 months if

records of the business are provided

For loss of rental income lump some cash payment of 3 month rent per tenant will be

awarded to as assistance during the transition period

Private and Public and Private Utilities: Current full replacement cost plus the

disturbance allowance. The compensation team will prioritize early payment to create

enough time for relocation

Loss of UWA Forest : Under the framework of MOU signed between relevant parties,

land and tree stand in the road reserve will be assessed, and awarded replacement

costs computed based on open market value for the equivalent land, cost for collecting

and propagating seedlings, preparing land, planting the seedlings, tending to the trees,

and administrative costs.

Replacement for Vulnerable Groups: In order to assist the vulnerable groups in this

project, on a case-by-case basis, the valuation exercise will identify the most vulnerable

people and at the time of compensation they will be consulted, and if they agree, their

structures will be replaced instead of giving cash compensation. The disturbance

allowance will be used to cater for the transitional expenses.

Disturbance Allowance: The domestic guideline is that in addition to compensation assessed,

the eligible affected person is paid a disturbance allowance of 15%, or if less than 6 months'

notice to give up land is given. Therefore, because of urgency to have the project site available

to the contractor, a 30% disturbance allowance above the compensation value, is proposed, and

additional allowance as prescribed by AfDB.

12. Implementation Schedule

In total the RAP implementation exercise will last for 21 months, with the payment of PAPs

ending at the 12th month. The matrix below specifies the outstanding RAP preparation and

implementation and the duration.

Activity Schedule

Implementation Schedule

Activity Months

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

Preparation of RAP

Approval of Draft Report and

Complementary Initiatives

Consultations (continuous)

Updating of Strip Map and Valuation Report

and approval by CGV

Completion of Design review/ /establishment

of road reserve

Approval for funding

Setting up Customer Care Centre in 2 districts

Setting up Grievance Redress structures and

Procedure Brochures

Signing MOU with Banks

Pre-disclosure sensitization of entitlement

Disclosure of compensation payment to PAPS

Grievance Redress Process

Payment of PAPS

Livelihood programme for vulnerable groups

(CI)

Notification and demolition of structures

Internal monitoring of RAP implementation

Processing Deed Plans for the project

(Continuous)

Launch of construction activities

Services for additional land take (construction

phase)

RAP Completion Report Processing

13. Costs and Budgets

As a process of preparing updates of the valuation report that was produced in 2011, UNRA

engaged a Consultant Valuer (Asiimwe Benson Mukirane of Reitis Limited) who carried out a

valuation feasibility study on the Kapchorwa-Suam road was carried out from 12th to 17th July

2015. This valuation feasibility study was intended to have a rapid assessment of changes in

property value, property composition, and property ownership, as a basis for determining the next

scope and a provisional compensation budget. After adjusting the year old valuation rates (Year

2011) against the current open market prices and compensation rates compiled by district land

boards (DLB), the estimated total resettlement budget is Ushs 22,895,355,934 (USD 7,631,787).

Revised Resettlement budget for Kapchorwa-Suam

Item Cost in Uganda

Shillings

Cost in US Dollars

@ Exchange rate of

3000/=

Land acquisition (513.2 acres)

Land in Trading Centers (30% of 513.2 acres) @

Ushs 55 million 8,467,800,000 2,822,600

Farm Land (70% of 513.2 acres) @ Ushs 7 million 2,514,680,000 838,227

Buildings/structures - old value of Ushs

3,900.717,225 increased by 35% to cater for an

increase in the number of structures and the district

compensation rates

5,265,968,253 1,755,323

Crops - old value of Ushs 78,057,344 increased by

35% to cater for an increase of the district

compensation rates

105,377,414 35,126

Sub-Total 16,353,825,667 5,451,276

Disturbance allowance of 30% on assumption that

less that 6 months notice to vacate the land will be

given

4,906,147,700 1,635,383

Implementation of RAP (10%) 1,635,382,567 545,128

Estimated Total Compensation Budget 22,895,355,934 7,631,787

The compensation costs shall be met by the Government of Uganda as part of project contribution.

14. Monitoring and Evaluation

The objective of monitoring will be to compare RAP implementation activities and resources

against the planned objectives or work plan. This will assess the implementation of activities and

outputs; whether resettlement is on schedule, if not, the actual causes of delay; identify the

strengths and weaknesses in implementation of RAP activities and the correctional measures that

should be taken. This RAP proposes a set of key performance indicators (KPI) structured along

the lines of inputs/activities, outputs, and outcome that will guide the design of the M&E tools.

These KPI are consistent with the traditional RAP implementation activities already presented

above.

M&E Indicators

Issue Output Indicators Means of verification (and where to find the Reporting Templates)

Resources Deployed Human Resource, Finance, physical Inception Report (LAMS-SG2)

Stakeholder engagement or Participation

-Profile of Stakeholders & their perceived interest - Stakeholder engagement strategy -Stakeholders concerns

-RAP Report(LAMS-SG3) -Initial Assessment Report(LAMS-SG2) Quarterly Progress Report (LAMS-SG2

Consultation and dissemination

-No. of consultative meetings held -Content of key messages disseminated -Stakeholder (PAPs) concerns and fears, and strategies and measure to address the concerns

- RAP Report(LAMS-SG3) -Initial Assessment Report(LAMS-SG2) -Internal Quarterly Progress Report

Establish road reserve -Road reserve identified by the technical team -RAP Report(LAMS-SG3) -Initial Assessment Report(LAMS-SG2) -Quarterly Progress Report (LAMS-SG2)

Notices for planned land acquisition

-No. of people issued with notices to acquire land in gazette area

-Initial Assessment Report(LAMS-SG2)

Establishment of Grievance redress mechanism

-Grievance redress system and mechanisms established -Nature of grievances lodged - Number of grievances assigned -% of grievances resolved within a specified period - % of grievances pending resolution and reasons

-RAP Report (LAMS-SG3) -Grievance Reports -Quarterly Progress Report (LAMS-SG3)

Cadastral Surveys implemented

- Details of property owner -Inventory of physical assets identified -Strip map produced and displayed -Type of land tenure identified -Number of titles subdivided (land acquisition stage)

-RAP Report(LAMS-SG3) -Strip Maps -Quarterly Progress Report (LAMS-SG2

Socio-economic surveys

-Socio-demographic and economic condition identified -Socio-economic impact & mitigation -% PAPs who prefer cash or in-kind compensation -% PAPs expressing a given compensation barrier -Consultation and participation strategies

-RAP Report (LAMS-SG3) -SIA Report - Quarterly Progress Report

Valuation of Assets -Eligibility cut-off date announced through public media -No of PAPs valued -Type and number of asset affected -Total compensation value (including disturbance allowance) awarded --RAP implementation costs -Land acquisition snag list formulated

-RAP Report(LAMS-SG3) -Valuation Report(LAMS-SG2) -Initial Assessment Report(LAMS-SG2) -Quarterly Progress Report (LAMS-SG2

Compensation Verification

-% compensation claims approved by the CGV over valued -% of compensation claims verified over valued -% of compensation claims verified over approved by CGV -% of claims appealed against award over valued

-Quarterly Progress Report (LAMS-SG2

Compensation -% of compensation claims paid over valued -% compensation claims paid over approved by CGV -% of compensation claims paid over verified (Total net payable claims) -Nature of compensation barriers identified

-Quarterly Progress Report (LAMS-SG2 -Notice of Appeals (LAMS-SG2)

Relocation or quitting land

-% of PAPS who have given up land in 6 months over paid -No. of vulnerable groups assisted to relocate -Relocation barriers

-Quarterly Progress Report (LAMS-SG2) -Occupational Health and safety Guidelines (LAMS-SG3 -EIA Plan (LAMS-SG3

Resettlement and rehabilitation assistance

Not application -Quarterly Progress Report (LAMS-SG2

Expropriation of land for road reserve

-% of paid titles and land is expropriated -Land Expropriation Report (LAMS-SG2 -Accountability Reports (LAMS-SG2

Results -Quality of living standards among PAPs who stayed on residual land -External influencing factors

-Internal and External Evaluation Report -Audit Report

Frequency of Reporting

As a requirement, Progress Reports have to be submitted on a quarterly basis to UNRA, and the

Accountability Report is supposed to be submitted after the completion of the compensation

exercise and sub-division of land titles,

Responsibility of Monitoring

It will be the primary responsibility of the RAP consultant, UNRA, District Authorities and

NGOs (for RAP planning and implementation) to monitor the RAP activities using the key

performance measures and indicators that are proposed here-below.

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