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SMEC INTERNATIONAL PTY LT
UGANDA ELECTRICITY
TRANSMISSION COMPANY LTD
Review and Update of Environmental and Social Impact Assessment for 137km Kawanda –
Masaka 220kV Transmission Line
For: Uganda Electricity Transmission Company Limited
March, 2011
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EXECUTIVE SUMMARY Background
As part of its strategic growth and energy planning, GoU through UETCL proposes to construct the Kawanda – Masaka 220kV electricity transmission line. The line will evacuate the power generated from the Bujagali hydro power station and other planned hydropower stations on the River Nile from Kawanda to Masaka for supply to the Western Uganda. The electricity from this source will be used to connect Uganda and Tanzania under the regional inter-connection project.
The first feasibility study for the Kawanda-Masaka 220KV power line was carried out by Norplan in 2006 and recommended a 135Km route. In 2009, UETCL re-defined the route and came up with another option which was 142 km slightly longer than the Norplan route by 7km. An optimization study was carried out by SMEC in 2010 and recommended a final route of 137km. During feasibility, several route options and designs were considered. A number of factors influenced the decision taken on routing options and these include; the need to avoid highly built up areas, forests reserves, wetlands, institutions among others.
The proposed transmission line will transmit power from Kawanda 220/132/33kV substation to Masaka West substation from which the load centres of Masaka and Mbarara shall be supplied with power. In accordance with the Government of Uganda (GOU) plan for the transformation of the country from a peasant society to a modern one, electricity access to all parts of the country is a priority. In order to achieve this plan, GOU plans to increase electricity access from the current 5% to 15% by 2015. This will be achieved by expanding the electricity generation facilities as well as increasing the coverage of the high voltage grid in the country.
In addition, the countries of the great lakes have agreed to create a power pool amongst their countries. In accordance with this plan, the countries have agreed to interconnect their countries with high voltage grids to facilitate the sale of electricity amongst the countries. The interconnection of the power grids will enable the countries to trade in power based on the supply and demand balances among them. Hence, the Kawanda-Masaka 220 kV line will be linked to Rwanda and Northern Tanzania. The line shall form part of the ring around Lake Victoria as recommended by the East African Power Master Plan.
Project Description The proposed 220kV Kawanda – Masaka transmission line traverses 10 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 (Wakiso), 6 Sub-counties in Mpigi District (Kiringente, Mpigi, Kamengo, Budde, Buwama, and Nkozi) and 3 sub-counties in Masaka District (Mukungwe, Lukaya Town Council, and Bukulula, ).
It is proposed that, the transmission line tower will be constructed on steel lattice towers although monopoles are recommended for areas in the wetlands and forest reserves. The steel lattice towers are the commonly used type in Uganda and worldwide. Tension towers will be used at angle points, dead end points, at points where the local topography demands it, and at intervals of approximately 5 km along straight stretches of line. They are recognizable because the insulators are to be mounted horizontally. They will be designed to take horizontal and vertical loads and thus, are heavier than the other type of towers, which are known as suspension towers.
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Concrete pad and chimney foundations shall be used for the towers though raft foundations may be required for some locations. Climbing guards shall be installed on all towers in attempt to reduce vandalism and the risk to the public safety. The towers will be about 30-33 m in height, although the specific height of the towers may vary depending on the topography. The distance between towers will vary between 200-400 m. The way leaves for the 220 line is 40 m. Where lines run in parallel, UETCL requires an additional 5 m of separation between the way leaves. No permanent structures, such as buildings will be allowed to remain or be constructed within the way leaves. Growth of crops will be permitted, but limited to a height of 1.8 m or less, thus most annual crops and low growing perennial crops such as tea will be permitted.
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 households are those that will lose their economic earnings and the host communities. Acquisition of the way leaves involves 100% payment and acquisition of the Right of Way of 5metres and a percentage payment for restricted use of the Way leaves for activities above 6 feet high. For this system, Way leaves will be 17.5 meters on both sides of the right of way. The detailed Resettlement action Plan (RAP) study for the project is covered by a separate report.
The Need for ESIA Several activities will be undertaken during the construction of the 220KV Kawanda-Masaka 137km power line. The proposed construction of the planned transmission line will involve among others, the following activities, acquisition of the right of way for the power line; survey and mapping of the routes which will involve detailed Line route survey (line profiling, soil studies, pegging and tower spotting). All the towers on the transmission line will be constructed prior to the installation of conductors. Tower foundations will vary according to the prevailing geology. Detailed engineering will include completion of geotechnical and engineering surveys to provide detailed information needed for, placement/location of towers, design of foundations, design of towers, and the sub-station design. The implementation of the above activities will result in a number of environmental impacts that require an Environmental Impact Assessment (ESIA). Furthermore, the third schedule of the National Environment Act Cap 153, lists projects to be considered for environmental impact assessment. In section 19 (10b), of the Act, there is a need for an ESIA for electrical infrastructure establishment including Transmission lines. The project is a World Bank category B project which requires an Environment and Social Impact Assessment (ESIA) as required by the World Bank safeguard policy on Environmental Assessment O.P 4.01.
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Project Name:
Kawanda – Masaka Transmission line
ELECTRIC SECTOR DEVELOPMENT PROJECT
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 (SMEC office location):
SMEC Project File:
SMEC COMPANY DETAILS
Tel:
Fax:
Email:
www.smec.com
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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 Aisu Social-Economist/RAP Specialist/Team leader
Mr. Orena John Charles Registered Surveyor
Mr. Ssali Nicholas Registered Valuer
Mr. Yorokamu Nuwahambasa Sociologist
Mr. Lyadda Nathan Social Worker
M/s Julliet Musanyana Social Worker
1 2 ACKNOWLEDGEMENT
SMEC International wishes to express their gratitude to The Ressettlement 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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EXECUTIVE SUMMARY
3 PROJECT BACKGROUND The Government of Uganda through the Uganda Electricity Transmission Company Limited (UECTL) proposes to expand the capacity to transmit power throughout the country and in the region and as such, it has embarked on grid expansion projects, one of which is the Kawanda Masaka Transmission Line project. The Project is a 220kV power line running from the existing Kawanda substation, 10 miles North of Kampala, to Masaka West substation.
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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.
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. This report summarizes the
relevant policy, legal, institutional and administrative frameworks required during the implementation of the
project.
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.
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 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.
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 undertaken.
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�ƒ Involuntary Resettlement – This is the guiding policy when a project results in involuntary resettlement. OP 4.12 is triggered because the construction of T-line implies acquisition of land and therefore the PAPs will lose both social and economic assets. The policy describes the detail 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, grievance redress procedures, implementation schedule, costs and budgets, and monitoring and evaluation.
The Uganda Legal Frame Work
There are a number of legislative and regulatory instruments in Uganda that address land acquisition and settlement both in 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;
�ƒ The constitution of the Republic of Uganda, 1995
�ƒ The Land Act, 1998
�ƒ The Electricity Act, 1999
�ƒ The Historical and Monuments Act, 1967
�ƒ The Water Act, Cap 152
�ƒ The Roads Act 1965 (defines the Right of Way)
Other regulations that deem consideration, depending on the particular project and project location include;
�ƒ 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.
The following institutions will be involved in this project;
�ƒ Ministry of Lands and Physical Planning (Office of the Chief Government Valuer and Department of Lands & Surveys)
�ƒ Ministry of Water and Environment (Directorate of Water Development, The National Forest Authority and The National Environment Management Authority)
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�ƒ Ministry of Finance, Planning and Economic Development (Microfinance Program)
�ƒ Ministry of Gender, Labour and Social Development
�ƒ Ministry of State for Disaster Preparedness
�ƒ Ministry of Energy and Mineral Development (Uganda Electricity Transmission Company Ltd)
�ƒ The District Government Authorities and,
�ƒ Village Committees
�ƒ Local Non-Government Organizations (NGOs) and Community Based Organizations (CBOs)
Compensation Strategy and Eligibility Principles –
A compensation strategy is clearly presented which defines the principles to be adopted in estimating compensation costs.
Eligibility refers to people who qualify to be compensated. It applies to those PAPs who will directly or indirectly experience loss of assets like land, structures, and livelihood.
The Valuation process
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 transmission 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.
Definition of RoW and Way Leaves
The standard definition of UETCL for way leaves of a 220kV transmission line includes a 5 meter wide
corridor for the Right of Way and a safety zone on each side of the Right of way of 17.5 meters. For
UETCL, the RoW suffices for the tower foot print and a permanent maintenance track, while the way –
leaves suffices for the safety zone with restricted use.
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It is however our strong recommendation to UETCL to redefine the RoW as the land needed permanently
for the maintenance tracks while the Way leaves should be the land for the physical electric facility
including the towers, cross arms and the conductors1. This recommendation is derived from the
studies conducted on ongoing projects undertaken by UETCL where the tower footprint is wider than the 5
meter strip. The ideal definition of the way leaves and the true meaning of easements should be
employed2.
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. 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.
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 basing on the cut-off date of 18th February 2008 and 30th
October 2010 for the diversion route. These values will be reviewed by the Chief Government Valuer before
payment. The valued property included land, crops, structures (residential, commercial, institutions and water
sources), cultural property (shrines, burial grounds),
Impacts of the Project
Key Impacts of the Proposed Project
Loss of Land and Property
District Right of Way (Acres) Way leaves (Acres)
Wakiso 24.8 173.8
Mpigi 17 120.8
Masaka 65.6 460.3
Total 110.4 754.9
1 This is a result of our extensive study of the different tower designs that are wider than the 5 meter defined by UETCL and the fact that the access road needs to divert from the towers every time a tower is encountered. 2 See definition of easements adapted from the legal dictionary.
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Summary of impacts per category
KAWANDA ‐ MASAKA LINE October‐2010
KEY RAP PARAMETERS
Items Number Percentage
Total number of PAPs 2378 100%
Total Number of HHs 2291 96%
Number of Females 603 26%
Males 1641 69%
Minors 5 0%
Shrines 23 1%
Graves 81 3%
Vulnerable 167 7%
Permanent Structures 321 13%
Semi permanent Structures 121 5%
Residences (PDHs) 225 9%
Landowners 550 23%
Tenants 1656 70%
Licensees 85 4%
Commercials/Institutions 74 3%
Total Distance 137
Villages 92
Sub‐counties 14
Districts 3
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SOCIO/ECONOMIC BASELINE INFORMATION
This section describes the broad socio economic characteristics of the project area of the proposed transmission line.
Population
Transmission line is not going to affect all the population in the districts but only to the mentioned sub-counties in table 1 below:
Table 2: Estimated number of affected Households per district
No. Districts Number of Sub-
counties Number of
Villages Number of
House Holds
1. Wakiso 1 12 726
2. Mpigi 6 51 867
3. Masaka 7 29 698
Total 3 14 92 2291
Socio – economic characteristics of the PAPs
Age Distribution
A significant proportion (22%) of the household members is children less than 18 years old and between 35 – 55 years.
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Figure 6.2 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 be low.
Education Levels
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 of 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.
Below 18 Yrs22%
19 ‐ 35 yrs46%
36 ‐ 55 Yrs22%
56 ‐ 70 Yrs7%
71 + Yrs3%
Age Distribution of Respondents
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Figure 6.3 Literacy levels of project affected people
Health Status
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 6.4 Health facility visited by people in the project area
The existing health facilities are mainly health centers of Grade II and III offering services limited to Out Patients, laboratory and maternity for normal delivery. Inpatient services are only for minor complications.
Ethnicity and Religion
None15%
Primary56%
Secondary20%
Tertiary9%
Education Level of Respondent
6%
43%
28%20%
3%
Hospital Health Center
Clinics Drug Shops
Others
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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 6.5 Religious beliefs of the affected people
Ethnicity and religion are key considerations in designing and implementing resettlement policies and strategies since most people would prefer staying close to ‘their’ own.
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. This hampers their development.
Settlement and Land Use
The set up of structures and settlements along the proposed Transmission Line corridor can be categorized as;
�ƒ Permanent brick buildings, mostly commercial (shops) and residences. The commercial structures are mostly concentrated within a single locality and generally in linear form.
�ƒ Institutional structures, mainly schools built of permanent brick material
�ƒ Semi-permanent buildings, mostly residential with support structures such as latrines, kitchens and livestock structures
�ƒ Temporary structures, mostly of mad and wattle and typical of rural setting
Catholic51%Church of
Uganda24%
Moslem19%
Born Again5%
Others1%
Religious Beliefs of Respodents
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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.
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.
Agriculture
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, tobacco and eucalyptus. 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.
Economic Activities
The major income sources of the PAPs were identified from their own declarations. The income streams of the PAPs can be summarized into;
�ƒ regular earnings (salaries and wages)
�ƒ agricultural activities (farming, livestock, poultry keeping, etc)
�ƒ income from property rental
�ƒ public transportation (boda bodas, etc)
�ƒ others
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.
Current Infrastructure
Roads
The project area crosses three high ways; Kampala – Masaka, Kampala – Gulu and Kampala – Hoima. Then it runs along for most of its part but at some areas, it goes off for over 5 kms into villages.
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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. 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.
Complaints & Grievance Resolution Mechanisms
The following guiding principles shall be followed during grievance and complaint redressing;
�ƒ Resolve PAPs’ grievances and complaints in a straight forward and accessible manner
�ƒ Identify and implement appropriate and mutually acceptable actions to redress complaints
�ƒ Make sure complainants are satisfied with outcomes of the corrective actions
�ƒ Resort to judicial proceedings only if necessary
Types of Grievances
The grievances likely to occur during construction activities may be related to;
�ƒ Damage to buildings and assets
�ƒ Disruption or damage to local roads
�ƒ Closure of pathways
�ƒ Damage to un expropriated assets such as land, crops and trees
�ƒ Failure to reinstate immovable assets after temporary use such as occurs during establishment of easements or property rental
�ƒ Nuisance from dust, noise and vibration
�ƒ Disruption or damage to water sources and infrastructure
�ƒ Water course alteration
�ƒ Increase in traffic loads
�ƒ Health problems, injuries and accidents
�ƒ Damage to utility infrastructure
�ƒ Misconduct of project personnel and workers
�ƒ Unfair recruitment of employees to project related jobs
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During expropriation, the following complaints may occur:
�ƒ Disputed compensation (land, crops and immovable asset) amounts
�ƒ Disputed survey measurements
�ƒ Improper identification of property owners
�ƒ Unregistered land users
�ƒ Disputed compensation for tenants and occupants
�ƒ Loss of income to traders due to loss of commercial facilities or decrease in customers
�ƒ Misconduct of project personnel and workers
With regard to resettlement the likely disagreements may include;
�ƒ Failure to get entitlements yet the place of occupancy is taken or somehow indirectly affected
�ƒ Need to get into project assisted resettlement when it had not been applied for
�ƒ Problems between resettlers and residents in the new sites
Compensation and Resettlement
This chapter details the specific component plans of the RAP, comprising of the following;
�ƒ The guiding principles on which the resettlement and compensation are based
�ƒ The means by which individuals in the project affected area are determined to be eligible
for compensation
�ƒ The different types of assets, including land and structures which will be impacted by the
project and the type of compensation entitlements that will be linked to each
�ƒ The amounts and types of compensation that affected parties will receive under the
entitlements
�ƒ The resettlement plan, including selection of candidate resettlement sites, site preparation,
construction, replacement of farm fields and assistance with moving
�ƒ Provisions for cash compensation
�ƒ Provisions for livelihood restoration
�ƒ Assistance during transitional period
�ƒ Provisions for parties impacted during early construction
�ƒ Resettlement management
Guiding Principles
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The key principles followed in developing compensation in the RAP included;
�ƒ Resettlement and/or compensation of the PAPs will be in accordance with the Ugandan
legislation and the WBG requirements especially OP 4.12
�ƒ 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
�ƒ 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
�ƒ UETCL will provide assistance in restoring the livelihoods of the PAPs to at least the levels
where they were before the project
�ƒ 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
�ƒ RAP implementation and outcomes shall be monitored and evaluated in a transparent
manner
�ƒ The PAPs and host communities shall be informed and consulted during the RAP
implementation and evaluation
The compensation budget for the project affected persons so far computed amounts to UG Shillings
30,232,095,086.20 Billion including 1.5% of the transmission line project costs of for implementation of
the RAP by an external agency see table below for details.
Table Showing Compensation Budget
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
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5. External Implementation agency 1.5% 446,779,730.33
Grand Total 30,232,095,086.20
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Implementation of the RAP
The implementation of the RAP will be undertaken by an external agency that will report to UETCL. The
Implementation schedule will consist of three phases namely preparation, implementation and post
implementation.
The implementation of the RAP will also call for collaboration from other stakeholders such as the PAP
Committee, Local Government Departments and External Monitoring agency.
The RAP implementation schedule and key activities anticipated prior to, during and after are outlined in
the following table:
Table15: Implementation Schedule and Key Activities
Activities Period
Investigations on the prevailing Socio-Economic and Environmental conditions, undertaking a detailed RAP, drawing resettlement schedules and finalization of Investiment 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 onwards
Post-construction period e.g monitoring of PAPs progress and functioning of the facilities
Within the lifespan of the project
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Monitoring and Evaluation
Monitoring and evaluation of the implementation of the RAP will be undertaken by an external agency
that will report to UETCL Monitoring and evaluation shall be done in three ways;
�ƒ Performance (Internal) Monitoring
�ƒ Impact (External) Monitoring
�ƒ Completion Implementation Report
Performance monitoring indicators 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
Performance/evaluation indicators include:
a. The total nature and level of all complaints received, resolved
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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.
Conclusions
The following is a summary of the study conclusions:
1. Population: The transmission line route is going to affect 2378 people and 2291 households
will have to be compensated. Special attention should be given to the vulnerable PAPs who
are 7% of the total PAPs.
2. Public Consultations: A lot of consultations with 92 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.
3. 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.
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.
5. Requests: Emanating from the public discussions and meetings, the following requests have
been made by the locals:
a. Use of local labour during the construction phase
b. Provision of electric power
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c. Timely compensation
d. Establishment of liaison offices for grievance redress along the entire route
6. 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.
Recommendations
i. 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.
ii. UETCL should compensate all the affected persons in a timely manner using the prevailing
market rates.
iii. 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.
iv. 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
v. UETCL should be responsive and live up to corporate social responsibility in the project area
through the following activities:
¶ Rural electrification programme
¶ Water supply
¶ Revegetation of the area
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THE REPUBLIC OF UGANDA
UGANDA
MINISTRY OF ENERGY AND MINERAL DEVELOPMENT (MEMD)
A RESETTLEMENT POLICY FRAMEWORK (RPF)
FOR
THE COMMUNITY SUPPORT PROGRAM (CSP) FOR THE PROPOSED ELECTRICITY DEVELOPMENT
PROJECT (ESDP)
NOVEMBER 2010
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6 Executive Summary The Government of Uganda through the Uganda Electricity Transmission Company Limited (UETCL) proposes to construct the 220 kV transmission line from Kawanda to Masaka to evacuate power from Bujagali to central Uganda. The line will also serve as a high voltage backbone for the 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. The project will also invest in a community support program (CSP) to help the communities around Kawanda and Masaka and along the t-line reap benefit from the investment. This includes street and market lighting, and connections for the households along the t-line. The project activities will trigger O.P.4.12 Involuntary resettlement and hence a Resettlement Action Plan for the Kawanda Masaka t-line has been prepared. Further, a resettlement policy framework (RPF) is prepared for the peri-urban electricity connection activities that may involve some land take and other assets thereon. This RPF will emphasize the following principles: • Avoiding or minimizing involuntary land acquisition and resettlement, where feasible and exploring all viable alternatives before resorting to involuntary resettlement. • Where involuntary resettlement and land acquisition is unavoidable, assistance and sufficient resources should be provided to the displaced persons with the view to maintaining and/or improving their standards of living, earning capacities and production levels. • Encouraging community participation in planning and implementing land acquisition, compensation and/or resettlement, and provision of assistance to affected people regardless of the legality of their land rights or their title to land. The RPF is based on the national (Uganda) legal and policy framework in addition to O.P. 4.12 Involuntary Resettlement policy for the World Bank. Where these two frameworks differ, the World Bank O.P 4.12 will take precedence and in comparing the two measures have been suggested to fill the gaps. The main differences stem from the fact that the Uganda laws do not explain adequate compensation, with no emphasis on timely compensation and land for land measures. The World Bank policy on the other hand emphasizes replacement value, compensation prior to any civil works and promotes land for land compensation especially for land based livelihoods.
The key impacts of the community support program activities may be:
• Loss of land • Loss of housing or commercial business;
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• Loss of Economic resources or employment; • Marginalization of the population concerned; • Loss of access to natural resources; • Disturbance of way of life of affected population;
Once the above impacts occur, the community will: ¶ Participate in the identification of the scope of the program; ¶ Screen the electricity connection program activities as to their potential environmental,
social, economic impacts as well as their potential to cause resettlement and its corollaries; ¶ Specify the zones of installation or citing of the electricity connection program facilities.
The Resettlement Policy Framework (RPF) is to provide a screening process, for any future program activities, to ensure that where land acquisition for program activities is inevitable, resettlement and compensation processes for lost land and associated assets should be conceived and executed in a sustainable manner. This includes guidance on how resettlement action plans will be prepared in case of any land and other assets losses. Jurisdiction of the Framework
In implementing this framework, the following will apply:
¶ all land acquisition, including voluntary land contribution will be compensated ¶ compensation will be limited to valuations made after the cut-off date ¶ compensation for existing infrastructure will be limited to new land acquired for
extensions and rehabilitation of these infrastructures and related services ¶ all land conflicts will be resolved in a transparent manner and in a manner that is not
coercive. Attempts will be made to resolve conflicts at the village, traditional authority or district level. Where this is not possible, recourse can be heard at Uganda Courts of Law.
Likely number and categories of the affected persons
The likely numbers of persons who may be affected and displaced during implementation of the CSP comprehensive program activities cannot be accurately estimated. However, the CSP Program Affected Persons (PAPs) or the persons likely to be displaced economically or physically can generally be categorized into the following main groups: affected households; vulnerable households, internally displaced persons, orphans, women, elderly and voluntary land contributors. Further, the affected can be grouped in terms of losses or the part they play in the resettlement process. These include the land customary users, land owners, business owners, squatters and encroachers and host populations in case there are some relocations. Preparation of Resettlement Action Plans
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Preparations of resettlement action plans follow a comprehensive and consistent process to ensure inclusion and continued consultation and participation of the affected people.
Determining Eligibility for Compensation
According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation will be based on the following:
a) Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Uganda.
b) Persons who do not have formal legal rights to land or assets at the time the census begins;
c) Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes encroachers and illegal occupants/squatters such as sharecroppers and other non formal rights
Affected persons classified under paragraph (a) and (b) will be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the community support connection program while in cases(c) will be provided with resettlement assistance in lieu of compensation as well as the necessary relocation assistance in conformity with the framework provided the land was occupied prior to the established cut-off date. Notification, valuation procedures and entitlements The project developer notifies the intention to acquire land by public notices and to each land or asset owner. Valuation of land depends on whether the land is customary, state owned or private mailo land. Market price and replacement value are key aspects to be considered. When large parcels of land are acquired and for land based activities, land for land is the preferred option for the project affected people. In addition to land valuation and compensation is made for crops and structures. Other measures to ensure that the project affected persons restore their livelihoods or even improve, include employment on the project site, link to microfinance institutions, and other assistance like provision of food, etc, are also employed.
Implementation and Monitoring Arrangements for the RAP
In order to assess whether implementation and the goals of the resettlement and compensation plan are met, a monitoring plan with indicators will be required and this spells out what will be monitored, when, who and the reporting arrangements are clarified. Resettlement funding
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The budget for resettlement related activities including compensation is a responsibility and therefore provided by the Government of Uganda. Each site specific resettlement action plan provides for a budget.
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