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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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