KAMPALA CAPITAL CITY AUTHORITY (KCCA)
RESETTLEMENT ACTION PLAN FOR BATCH 1 ROADS UNDER KIIDP2
VOLUME 1: (NARRATIVE SECTION) FINAL REPORT
Prepared and Submitted by:
UB Consulting Engineers Ltd P.O. Box 2730 Kampala (Uganda)
Tel: 256-0414-666236
E-mail: [email protected]
SFG1745
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February, 2015
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TABLE OF CONTENTS
TABLE OF CONTENTS ...................................................................................................................................... III
LISTOFTABLES ................................................................................................................................................... V
TABLE OF FIGURES .......................................................................................................................................... V
LIST OF APPENDICES ...................................................................................................................................... VI
ABBREVIATIONS .............................................................................................................................................. VII
GLOSARRY OF TERMS .................................................................................................................................. VIII
EXECUTIVESUMMARY .......................................................................................................................................X
1 PROJECT DESCRIPTION .......................................................................................................................... 1
1.1 PROJECT BACKGROUND ........................................................................................................................ 1 1.2 PROJECT AREA ...................................................................................................................................... 1
1.2.1 Makerere Hill Road ......................................................................................................................... 1 1.2.2 Hoima Road (Bakuli – Nakulabye- Kasubi) - 2.28km ................................................................... 2 1.2.3 Mambule road (0.6km) ................................................................................................................... 3 1.2.4 Kira road (0.8km) ............................................................................................................................ 4 1.2.5 Bwaise Junction .............................................................................................................................. 5 1.2.6 Kabira Junction ............................................................................................................................... 6
2 PROJECT IMPACTS ................................................................................................................................... 7
2.1 THE PROJECT ........................................................................................................................................ 7 2.1.1 Project Activities .............................................................................................................................. 7 2.1.2 Area of Influence ............................................................................................................................. 8
2.2 LAND REQUIREMENTS ............................................................................................................................ 8 2.3 IMPACT ON STRUCTURES ....................................................................................................................... 9 2.4 PROJECT AFFECTED PERSONS ............................................................................................................ 10 2.5 IMPACT ON CROPS/TREES ................................................................................................................... 10 2.6 IMPACT ON LIVELIHOODS...................................................................................................................... 10 2.7 IMPACT ON UTILITIES ............................................................................................................................ 12 2.8 MINIMIZATION OF IMPACT ..................................................................................................................... 13 2.9 GENERAL MITIGATION MEASURES ....................................................................................................... 16
3 MAIN OBJECTIVES AND JUSTIFICATIONS OF THE RESETTLEMENT PROGRAM ...................... 17
3.1 OBJECTIVE OF THE RAP AND REQUIREMENTS ...................................................................................... 17 3.2 THE OBJECTIVE ................................................................................................................................... 17 3.3 SPECIFIC OBJECTIVES OF THE RAP ..................................................................................................... 17 3.4 DETAILED WORK .................................................................................................................................. 17 3.5 RATIONALE FOR RAP REVIEW AND UPDATE ........................................................................................ 18 3.6 PROJECT JUSTIFICATION ...................................................................................................................... 18 3.7 METHODOLOGY.................................................................................................................................... 18
3.7.1 Reconnaissance and Mobilization ............................................................................................... 18 3.7.2 Stakeholder and Community Participation .................................................................................. 19
3.8 DATA COLLECTION ............................................................................................................................... 19 3.8.1 Criteria for Eligibility ...................................................................................................................... 19 3.8.2 Cadastral Survey .......................................................................................................................... 20 3.8.3 Census and Property Valuation ................................................................................................... 20 3.8.4 Socio-Economic Methodology ..................................................................................................... 21
4 SOCIO-ECONOMIC STUDIES ................................................................................................................. 23
4.1 INTRODUCTION ..................................................................................................................................... 23 4.2 LAND TENURE ARRANGEMENT FOR PROJECT AFFECTED PERSONS ..................................................... 23 4.3 GENDER............................................................................................................................................... 24 4.4 ETHNICITY ............................................................................................................................................ 24
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4.5 USE OF STRUCTURES ........................................................................................................................... 25 4.6 LIVELIHOODS TO BE AFFECTED ............................................................................................................. 25
5 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK....................................................................... 26
5.1 POLICY BASIS ...................................................................................................................................... 26 5.2 LEGAL FRAMEWORK ............................................................................................................................. 26
5.2.1 The Constitution of the Republic of Uganda, 1995 ..................................................................... 26 5.2.2 The Land Act, Cap. 227................................................................................................................ 28 5.2.3 The Land Acquisition Act, Cap. 226 ............................................................................................ 29 5.2.4 The Land Act, 1998 ...................................................................................................................... 29 5.2.5 The Land Regulations, 2004 ........................................................................................................ 30 5.2.6 The Land (Amendment) Act, 2010 .............................................................................................. 31 5.2.7 The Local Governments Act, Cap 243 ........................................................................................ 31 5.2.8 The Town and Country Planning Act 1964 ................................................................................. 31 5.2.9 The Road Act, CAP 358 ............................................................................................................... 32 5.2.10 The Physical Planning Act, 2011 ............................................................................................ 32 5.2.11 KCC Act 2010 ........................................................................................................................... 32 5.2.12 Water Act CAP 152 .................................................................................................................. 33
5.3 POLICY FRAMEWORK ............................................................................................................................ 33 5.3.1 The Uganda National Land Policy, 2013 ..................................................................................... 33 5.3.2 The National Land Use Policy, 2013 ........................................................................................... 34
5.4 PROPERTY AND LAND RIGHTS IN UGANDA ........................................................................................... 34 5.5 WORLD BANK’ SAFEGUARD POLICY ON INVOLUNTARY RESETTLEMENT ............................................... 35 5.6 DIFFERENCES BETWEEN UGANDA LAWS AND THE WORLD BANK’S OP 4.12 ........................................ 36
5.6.1 Gap Analysis ................................................................................................................................. 36
6 ELIGIBILITY ............................................................................................................................................... 44
6.1 CRITERIA FOR IDENTIFYING PROJECT AFFECTED PERSONS ................................................................. 44 6.2 CUT-OFF DATE .................................................................................................................................... 44
6.2.1 Triggered Impacts ......................................................................................................................... 44 6.2.2 Entitlement Matrix ......................................................................................................................... 44
7 VALUATION AND COMPESATION FOR LOSSES ............................................................................... 48
7.1 EXTENT OF COMPENSATION BY LAW .................................................................................................... 48 7.2 KEY PRINCIPLES .................................................................................................................................. 48 7.3 BASIS FOR VALUATION ......................................................................................................................... 48 7.4 RATES APPLIED ................................................................................................................................... 49 7.5 COMPENSATION PACKAGES ................................................................................................................. 49 7.6 VALUATION CERTIFICATE ..................................................................................................................... 49
8 RESETTLEMENT AND COMPENSATION MEASURES .................................................................. 51
8.1 RAP DISCLOSURE ............................................................................................................................ 51 8.2 CAPACITY BUILDING .......................................................................................................................... 51 8.3 FINANCIAL LITERACY AND LIVELIHOODS TRAINING ............................................................................... 53 8.4 VERIFICATION AND DISCLOSURE ..................................................................................................... 53 8.5 PAYMENT PROCEDURE ..................................................................................................................... 53 8.6 ROLE OF THE CHIEF GOVERNMENT VALUER ................................................................................. 54 8.7 VULNERABLE PERSONS .................................................................................................................... 54
9 COMMUNITY PARTICIPATION ............................................................................................................... 56
9.1 STAKEHOLDER IDENTIFICATION ............................................................................................................ 56 9.2 PUBLIC PARTICIPATION PROCESS ........................................................................................................ 56 9.3 COMMUNITY CONSULTATIONS .............................................................................................................. 56 9.4 SALIENT ISSUES RAISED AND ACTIONS ................................................................................................ 58 9.5 COMMUNICATION PLAN .................................................................................................................... 59
10 GRIEVANCE PROCEDURES ................................................................................................................... 62
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10.1 BACKGROUND ...................................................................................................................................... 62 10.2 LESSONS LEARNT FROM KIIDP I .......................................................................................................... 62 10.3 GRIEVANCE MANAGEMENT STRUCTURES ............................................................................................ 62
TO BE ELECTED BY PAPS .............................................................................................................................. 62
10.4 SALIENT FEATURES .............................................................................................................................. 63 10.5 PROPOSED MECHANISM FOR GRIEVANCE APPEAL ............................................................................... 63 10.6 GRIEVANCE MANAGEMENT TRACKING.................................................................................................. 64
11 ORGANISATIONAL RESPONSIBILITY .................................................................................................. 66
11.1 KAMPALA CAPITAL CITY AUTHORITY (KCCA) ...................................................................................... 66 11.1.1 Directorate of Gender Community Services and Production ................................................ 66
11.2 MINISTRY OF LANDS HOUSING AND URBAN DEVELOPMENT.................................................................. 67
12 IMPLEMENTATION SCHEDULE ............................................................................................................. 68
13 COST AND BUDGET ................................................................................................................................ 72
13.1 RESETTLEMENT COSTS .................................................................................................................... 72
14 MONITORING AND EVALUATION OF MITIGATION MEASURES ..................................................... 73
14.1 MONITORING INDICATORS AND FOCUS .................................................................................................. 73 14.2 INTERNAL MONITORING ........................................................................................................................ 73 14.3 COMPLETION AUDIT ............................................................................................................................. 74 14.4 REPORTING.......................................................................................................................................... 74
15 APPENDICES............................................................................................................................................. 75
LISTOFTABLES
TABLE 2-1: SUMMARY OF LAND REQUIRED FOR THE PROJECTS .............................................................................. 9 TABLE 2-2: AFFECTED PERSONS AND HOUSEHOLDS .............................................................................................. 10 TABLE 2-3: IMPACT ON CROPS/TREES IN PROJECT AREA ...................................................................................... 10 TABLE 2-4: IMPACTS ON UTL INSTALLATIONS ........................................................................................................ 12 TABLE 2-5: POTENTIAL IMPACTS ON TELECOMMUNICATION COMPANIES ................................................................ 12 TABLE5-1: COMPARISON OF WORLD BANK AND UGANDA RESETTLEMENT REQUIREMENTS .................................... 38 TABLE 6-1: ENTITLEMENT MATRIX.......................................................................................................................... 45 TABLE 7-1: GUIDELINES FOR VALUATION ............................................................................................................... 49 TABLE 7-2: COMPENSATION AWARD ON THE DIFFERENT PROJECT ROADS ............................................................. 50 TABLE 9-1: SUMMARY OF ISSUES RAISED DURING COMMUNITY MEETINGS .............................................................. 57 TABLE 9-2: COMMUNICATION PLAN FOR BATCH 1 ROADS ...................................................................................... 60 TABLE 10-1: GRIEVANCE REDRESS MECHANISM COMMITTEE ................................................................................ 62 TABLE 12-1: RAP IMPLEMENTATION SCHEDULE .................................................................................................... 68 TABLE 13-1: RESETTLEMENT BUDGET .................................................................................................................... 72
TABLE OF FIGURES
FIGURE 1-1: AN IMPRESSION OF MAKERERE HILL ROAD .......................................................................................... 2 FIGURE 2-4: AN IMPRESSION OF HOIMAROAD TO BE UPGRADED .............................................................................. 3 FIGURE 1-2: IMPRESSION OF THE MAMBULE ROAD TO BE UPGRADED ...................................................................... 4 FIGURE 1-3: KIRA ROAD TO BE UPGRADED TO A DUAL CARRIAGEWAY .................................................................... 4 FIGURE 1-4: KIRA ROAD ROUNDABOUT WHERE A FEW PROPERTIES WILL BE AFFECTED ........................................... 5 FIGURE 1-5: BWAISE JUNCTION TO BE WIDENED ...................................................................................................... 5 FIGURE 2-1: DISTRIBUTION OF AFFECTED STRUCTURES ON ALL BATCH 1 ROADS ................................................... 9 FIGURE 2-2: BUSINESSES THAT COULD BE DISRUPTED IN THE ................................................................................ 11 FIGURE 2-3: ANN IMPRESSION OF THE LIVELIHOOD ACTIVITIES .............................................................................. 11 FIGURE 2-5: LIVELIHOODS THAT COULD BE AFFECTED ON BWAISE JUNCTION........................................................ 11 FIGURE 4-1: LAND TENURE ARRANGEMENTS IN THE PROJECT AREA ..................................................................... 23 FIGURE 4-2: DISTRIBUTION OF THE AFFECTED STRUCTURES .................................................................................. 24 FIGURE 4-3: GENDER OF PAPS ...................................................................................................................................... 24
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FIGURE 8-1PROCESS FLOW DIAGRAM FOR RAP IMPLEMENTATION ....................................................................... 52 FIGURE 9-1: SENSITIZATION MEETINGS HELD DURING PUBLIC CONSULTATION. ....................................................... 56
LIST OF APPENDICES
APPENDIX 1: SUMMARY OF LAND RATES USED ON DIFFERENT ROADS .............................................. 76 APPENDIX 2: PHOTOGRAPHS OF PROJECT AFFECTED PERSONS ........................................................ 86 APPENDIX 3: APPROVED COMPENSATION RATES FOR KAMPALA ......................................................... 88 APPENDIX 4: SUMMARY OF LAND RATES APPLIED.................................................................................... 89 APPENDIX 5: VALUATION CERTIFICATE ....................................................................................................... 91 APPENDIX 6: COMPENSATION ASSESSMENT FORM ................................................................................. 92 APPENDIX 7: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE ................................................................... 93 APPENDIX 8: REPORTING FORMAT FOR RAP IMPLEMENTATION ........................................................... 98
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ABBREVIATIONS
BLB Buganda Land Board
BS Base Stations
CAO Chief Administrative Officer
CGV Chief Government Valuer
DCS Directorate of Community Services
DLBs District Land Boards
DLO District Land Officer
EIA Environmental Impact Assessment
EMP Environmental Management Plan
ESIA Environmental and Social Impact Assessment
GoU Government of Uganda
IDA International Development Association
KCCA Kampala Capital City Authority
KIIDP Kampala Institutional and Infrastructure Development Project
KUTIP Kampala Urban Transport Improvement Plan
LCs Local Councils
MoFPED Ministry of Finance Planning and Economic Development
MoLG Ministry of Local Government
MoLHUD Ministry of Lands, Housing and Urban Development
NEMA National Environmental Management Authority
NGOs Non-Governmental Organizations
NRP National Resettlement Policy
PAPs Project Affected Persons
PC PAP Committee
PV Principal Valuer
RAP Resettlement Action Plan
RO Resettlement Officers
RST Resettlement Steering Team
UGX Uganda shillings
ULC Uganda Land Commission
UNRA Uganda National Roads Authority
UTL Uganda Telecom Limited
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GLOSARRY OF TERMS Compensation—Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off date—Date of completion of the census and assets inventory of persons
affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Host population—People living in or around areas to which people physically displaced by a project will be resettled that, in turn, may be affected by the resettlement. Economic displacement—Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) resulting from the construction or operation of a project or its associated facilities. Involuntary resettlement—Resettlement is involuntary when it occurs without
the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Land expropriation—Process whereby a public authority, usually in return for
compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses Project-affected household—All members of a household, whether related or
not, operating as a single economic unit, who are affected by a project. Project-affected person—Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Physical displacement—Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location.
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Replacement cost—the rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures, “replacement costs” is defined as follows:
agricultural land—the market value of land of equal productive use or
potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes;
land in urban areas—the market value of land of equal size and use, with
similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;
household and public structures—the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor and contractors’ fees and any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset.
Resettlement Action Plan (RAP)—The document in which a project sponsor or
other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement assistance—Support provided to people who are physically
displaced by a project. Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days.
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EXECUTIVESUMMARY
Introduction: Government of Uganda has received funding for the Second Kampala
Institutional and Infrastructure Development Project (KIIDP Phase2) from the International Development Association (IDA). Part of this Credit will be used for:
Upgrading to Dual Carriageway and Reconstruction of Roads: Permanent land
acquisition for upgrading the existing road surface, for the road reserves, for road furniture, maintenance and future expansion and temporary land needs for construction allowances.
Expansion and Signalizing of Junctions: Acquisition of land for widening of the
existing motorable surface, for the right-of-way at the junctions and for installation of appropriate furniture and for maintenance purposes will be required.
Project Scope: for this phase, four roads have been planned for and are the scope of
this Resettlement Action Plan.
Makerere Hill Road (1.6km) stretches from Wandegeya to Nankulabye. The
current road traverses heavily built up commercial and institutional areas with a lot of construction within the ideal 30 m road reserve for the dual carriageway design.
Hoima Road (Bakuli – Nakulabye – Kasubi) – 2.28 km.This road runs from Bakuli junction through Bukesa, Nakulabye and terminates into Kasubi Junction with a total length of 2.28 km.
Mambule Road (0.6 km): Mambule is a gravel road stretching from Bwaise junction to Tuula-Kawempe road. The road has a poor pavement condition with a deteriorated surface and adversely uncomfortable for users, thus an urgent need for upgrading. It has a failed drainage system on both sides. The designed road extents lie within the existing road, with little encroachment on the physical developments.
Kira Road (0.8 km): This road runs from Kira Road Police roundabout to Kabira Junction on Kisasi road with length of 0.8km. The road is paved with the section between Chainage 0+000-0+200 having a dual carriageway separated by an island.
Bwaise Junction: This junction is located along Bombo road intersecting Nabweru road and Mambule road. The affected physical properties in this junction are commercial buildings and a few registered land properties. The encroachment on the properties is caused by the proposed improvements mainly widening on all the four approaches.
Kabira Junction is formed by the intersection of Kisasi Road and Kira-Ntinda
Road. There are a few affected registered land properties in this junction. No structures - are affected by the designed junction extents.
Project Impacts Area of Influence: For the dual carriage way roads, 30 meters was considered as the area that would be required for acquisition for the road reserve, while for the single carriage way roads, the road reserve used was 15 meters.
In total, 192 Project affected persons will be impacted on. The impacts will include land take, impact on structures, and impact on trees/crops. The general public will be impacted on in relation to impact on utilities and impact on disruption of businesses and livelihoods. Minimization of Impacts: According to the World Bank OP 4.12, involuntary resettlement
should be avoided where feasible, or minimized, exploring all viable alternative project designs. KCCA has been reviewing its designs in order to ensure that the cost of compensation is minimized. The 2013 Rap report indicated Uganda shillings
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31,060,925,607/=(Thirty One Billion, Sixty Million, Nine Hundred Twenty Five Thousand, Six Hundred Seven) as the compensation budget for the project affected properties. While in this report, Uganda Shillings 22,058,259,499/= (Twenty Two Billion, fifty eight Million, two hundred fifty nine thousand four hundred ninety nine,) is the current compensation budget on the project affected areas. As a result of mitigation at design the project has realized a reduction of 15.04%. This has been
largely due to; variation in the number of PAPs along the project areas, change in compensation rates because of inflation, the increase of the disturbance allowance from 15% to 30% on Mambule and Kiira roads since sectional handover of the project roads to the done by the developer, and an alteration in land take acreages since boundaries were not opened in 2013. Criteria Used for Eligibility
All persons with land or crops and any other developments in the project affected area are eligible for compensation. Further the World Bank Involuntary Resettlement Policy, OP 4.12 provides: “that any person whose property is
affected by public projects shall be entitled to compensation”. Categories of stakeholders that are eligible for compensation are elaborated below as based on the Land Act,1998 and the World BankOP4.12:
Registered land owners with either leasehold or private mailo land titles.
Bonafide occupants—persons sitting on registered land, having been settled by government or its agents and those having settled on the land twelve years or more before 1995 (the date of the Constitution) without interference by the registered owner(also recognized as having interest on that land).
Lawful occupants –persons who came onto the registered land with the permission of the registered owner (according to the Ugandan law).
Licensees.- these granted by land owner to carry out activities on the land (kiosks, growing seasonal crops).
Squatters –those using the land without the permission of the land owner, regardless of duration of stay, and have no legal nor traditionally recognized claim to the land.
Cutoff Date: The date when the property census was completed was communicated
during the community sensitization as the cutoff date. The date when the census was completed was 17th July 2014, which is the cut-off date for this resettlement action plan.
Valuation and Compensation Packages
Basis for valuation: Assessment and Computations were based on market value for the land and full replacement cost for permanent structures in accordance with Section 77(1) (a) of the Land Act. While established Kampala District Compensation rates for 2013/14 were used for the temporary and semi-permanent structures and crops. Compensation payable for crops was computed using the KCCA Compensation Rates 2013/14 in line with Section 9 and 77 of the Land Act at full replacement cost. Enumeration of crops was done mainly by head count. However, enumeration by area coverage was also used where appropriate. Compensation Packages: The compensation and resettlement packages based on the
findings are composed of the following;
Value of land;
Value of structures, and crops
Valuation Certificate: Four roads were assessed; the total number of Project Affected Persons is 192 (One Hundred Ninety Two) and the total compensation award is Ug. Shs17, 646, 607, 598/= (Seventeen Billion, Six Hundred Forty Six Million, Six Hundred
Seven Thousand, Five Hundred Ninety Eight).
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Public Consultation and Community Participation: Consultations with project
affected persons were undertaken. Issues that were noted as key to the successful implementation of the project were cited as; the concerns regarding the fear for unfair compensation, low community participation and integration of gender issues. A session aimed at raising the awareness on the legal and policy framework relating to valuation and compensation is already planned for to address these fears. Training in grievance management will include both divisional staff and local leaders who represent the community members. Also provision of information will enhance community participation and ownership of the project thus making project implementation efficient.
Resettlement and Compensation Measures RAP Disclosure: In line with the proposals made in the World Bank OP. 4.12 regarding
participation of PAPs, disclosure of this resettlement action plan will be at two levels: National level where the general public will be informed about the intention of KCCA to acquire land for the batch 1 roads and Community level where the project affected persons will be sensitized on the methodologies used for valuation, cut-off dates, planned verification and disclosure and grievance management and mitigation measures. Capacity Building: A social development team is already constituted however they need
to be equipped with tools and the methods to implement the RAP. The tools that will be used in the implementation include the following: the RAP database including bio-data, valuation information and survey information to facilitate the verification process; Grievance tracking system; payment forms and consent forms; and Grievance Log form. Livelihood Restoration for the general public: Within the project area, business may be
disrupted in terms of access, dust, noise, relocation amongst others through awareness campaigns and notices; the community will be informed prior to construction the alternative routes, alternative business locations so that the impacts on their livelihoods are mitigated. Financial Literacy and Livelihoods Training: The project affected persons will get training in financial literacy and livelihoods. The overall aim of the training is to support project affected persons receiving compensation money so that they can use it responsibly thereby restoring their livelihoods.
Verification and Disclosure: All PAPs identified in the census will be informed through
the announcements and information flow from their technical and political leadership. The following will be undertaken:
Notification will be given to all project affected persons and the general public on different timetable for sensitization, training and verification;
The display of strip maps and project affected persons should be both at the respective divisions.
Grievance management committees will be at two levels, one at division level, and the next at authority level. The RAP focal person will coordinate all the activities of the grievance management including reporting.
Payment procedure: According guidelines of Government of Uganda, compensation
should only be paid in cash if the amount is less than UGX200,000/=otherwise payments should be made to bank accounts of beneficiaries. At the time of verification, PAPs will be asked to provide bank account details where their compensation money will be transferred. For those who do not have accounts, information will be provided during the financial literacy and livelihoods training on the different banking options and the benefits of each.
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Grievance Management: A four step procedure has been put in place for management
of grievances. There are 2 structures for which KCCA has control which include the division level grievance management committee and authority level grievance management committee. Organizational Responsibility: The institutional arrangement for program
implementation will be as per the Government of Uganda structure and is consistent with existing legal provisions. Kampala Capital City Authority (KCCA) will be directly responsible for implementing this RAP. Taking the lead will be the Directorate of Gender Community Services and Production where the social development team has been constituted to handle all issues addressed in this plan. The social development team includes the following staff: Surveyor, Social-Development Specialist, RAP focal person, and a Valuer. The team will be supported by other personnel from other directorates including Legal Affairs, ICT and Engineering and Technical Services. KCCA is being supported by Ministry of Lands Housing and Urban Development in the acquisition of the corridor. Already there is a representative from the same office attached to KIIDP to facilitate the approval of the valuation report. RAP Implementation Schedule: Implementation of the RAP is planned for three months. The estimated budget for implementation is Uganda Shillings 46,195,000 which is part of the overall operational budget of KIIDP II. Costs and Budget: The compensation budget for the project affected persons is Uganda Shillings 22,058,259,499/= (Twenty Two Billion, fifty eight Million, two hundred fifty nine thousand four hundred ninety nine,). This includes 10% and 5% of the cash compensation project costs for Internal and External monitoring and evaluation of Resettlement activities respectively. An additional 15% of the cash compensation project cost is provided for loss due to severance. Monitoring and Evaluation: A monitoring framework is to inform the project progress
and best practices proposed. For internal monitoring, KCCA will take full responsibility for conducting regular internal monitoring of the land acquisition, resettlement and compensation process. The KIIDP project team holds weekly meetings that is every Friday that are meant for tracking progress. In order to report effectively on the progress of implementation; divisional staff will be given and trained to use a reporting template that will include the following sections: project name; project details; narrative on progress; quantitative indicators; issues and challenges and action required.
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1 PROJECT DESCRIPTION
1.1 Project Background
Kampala Capital City Authority (KCCA) is mandated, among other things, to plan, develop and maintain the city infrastructure. Good Infrastructure plays a major role in promoting growth and aids poverty reduction. For long, the City’s infrastructure has largely received inadequate attention and funding resulting into stagnation and dilapidation of the infrastructure yet the population and demand for services has been steadily growing.
Kampala has approximately 1,218 km of roads of which about 38.4% are paved and 61.6% are unpaved (earth or gravel). A significant portion of the unpaved road network is heavily trafficked with over 500 vehicles per day. With the ever increasing traffic volumes, it is becoming very expensive and unsustainable to maintain these unpaved roads. Almost 80% of the bitumen roads and 99% of the unpaved roads are in a fair-to-poor condition due to a heavy maintenance backlog. The roads are characterized by potholes, surface irregularities, cracks, amongst others and the level of service is extremely low. Localized repairs have become extremely expensive and uneconomical with roads deteriorating before their service life. Traffic congestion in the city is growing fast due to the poor road network, uncontrolled junctions, and insufficient road capacity which is out of phase with the increasing vehicles on the roads. This results into higher vehicle operating costs, long travel times and extremely poor transport services. The overall city aesthetics and quality of life is also highly compromised by the dilapidated paved roads and sidewalks, unpaved shoulders and earth/ gravel roads which are sources of mud and dust that hovers over large areas of the City.
In order to address the above short comings, the Government of Uganda has received funding for the Second Kampala Institutional and Infrastructure Development Project (KIIDPPhase2) from the International Development Association (IDA).Part of this Credit will be used for:
Upgrading to Dual Carriageway and Reconstruction of Roads: Permanent land acquisition for upgrading the existing road surface, for the road reserves, for road furniture, maintenance and future expansion and temporary land needs for construction allowances.
Expansion and Signalizing of Junctions: Acquisition of land for widening of the existing motorable surface, for the right-of-way at the junctions and for installation of appropriate furniture and for maintenance purposes.
1.2 Project Area
1.2.1 Makerere Hill Road
Makerere Hill Road (1.6km) stretches from Wandegeya to Nakulabye. The current road traverses a heavily built up commercial and institutional area with a lot of construction within the ideal 30m road reserve for the dual carriageway design. In order to reduce the cost of compensation, the first 500m section from Wandegeya to the Makerere University Main gate has a width of about 25m
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allowed by land owners and developers. The rest of the road section has major developments within the 30m reserve from the junction with Gaddafi Road, through the Sir Apollo Kaggwa junction up to the end at Nakulabye Junction. The project will affect major permanent buildings, wall fences, paved yards, temporary shades, billboards, signposts, electric power and telecom masts and water supply mains.
Figure 1-1: An impression of Makerere Hill Road
1.2.2 Hoima Road (Bakuli – Nakulabye- Kasubi) - 2.28km
This road runs from Bakuli junction through Bukesa, Nakulabye and terminates into Kasubi Junction with a total length of 2.28km. The section from Bakuli to Bukesa is heavily built up on both sides consisting mainly of permanent buildings, petrol stations, parking yards food eating places and telephones. From Bukesa to Nakulabye, the right hand side is more built with commercial buildings housing shops, garages and road side kiosks. Therefore, the alignment is more inclined to the left hand side of the road in order to minimize impact on commercial buildings and shops. The area around Nakulabye round about is also heavily built with a concentration of kiosks. From Nakulabye to Kasubi, the first quarter of the road is occupied by permanent buildings consisting of shops, super markets and banks; the rest is part of the Kasubi Tombs up to Kasubi junction.
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Figure 1-2: An impression of Hoima Road to be upgraded
1.2.3 Mambule road (0.6km)
Mambule is a gravel road stretching from Bwaise junction to Tuula-Kawempe road. The road has a poor pavement condition with a deteriorated surface and adversely uncomfortable for users, thus an urgent need for upgrading. It has a failed drainage system on both sides. The designed road extents lie within the existing road, with little encroachment on the physical developments. Most of the structures along the road are permanent commercial buildings on both sides, with only a few temporary structures between Chainage 0+000-0+100. There exist registered land properties (Mailo), which are encroached on by both the existing and designed road extents.
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Figure 1-3: Impression of the Mambule Road to be upgraded
1.2.4 Kira road (0.8km)
This road runs from Kira Road Police roundabout to Kabira Junction on Kisasi road with length of 0.8km. The road is paved with the section between Chainage 0+000-0+200 having a dual carriageway separated by an island. A number of residential and commercial structures exist outside the mandatory road reserve
of 30m. The road runs in between the Bukoto Brown and White Flats. There are a few affected registered land properties along this road.
Figure 1-4: Kira Road to Be Upgraded to a Dual Carriageway
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Figure 1-5: Kira Road Roundabout where a few properties will be affected
1.2.5 Bwaise Junction
This junction is located along Bombo road intersecting Nabweru road and Mambule road. The affected physical properties in this junction are commercial buildings and a few registered land properties. The encroachment on the properties is caused by the proposed improvements mainly widening on all the four approaches.
Figure 1-6: Bwaise Junction to be widened
6
1.2.6 Kabira Junction
Kabira Junction is formed by the intersection of Kisasi Road and Kira-Ntinda Road. There are a few affected registered land properties in this junction. No structures are affected by the designed junction extents.
7
2 PROJECT IMPACTS Although reconstruction and upgrading of key road links and junctions in Kampala was planned to follow the existing alignments, a number of re-alignments brought about by the design review at different locations of the roads and junctions require more land. This will lead to impacts related to land loss, loss of residential (both permanent and semi-permanent) and commercial houses, community/social infrastructure, business units, shops, kiosks, hedges, strips of land, crops and trees (including fruit trees). Several structures will be affected especially in the different Trading Centers of Makerere Hill, Hoima road, Kira road and Mambule-Bwaise junctions.
2.1 The Project
2.1.1 Project Activities
Land Clearance: This involves clearing of trees and demolishing structures within the road prism. All material cleared will have to be disposed of in approved dumping areas or within the right of way. Top soil removal: Top soil removal involves excavation and carting away of top soils and other materials not suitable for road construction. This material is carted away to approved locations or re-used for grassing the slopes.
Drainage Works: The project will involve construction of different drainage items including culverts installations, catch water drains, French drains, Kerb drains, side drains, outfalls, mitre drains, off shoots, cutoff drains, etc. Activities during construction of culverts will include excavation of trenches, installation of culverts, backfilling, compaction, and construction of inlets and outlets structures including head and wing walls.
General Earthworks: The general earth works will include
Clearing of vegetation and stripping of topsoil over the corridors where the carriageway(s) will be accommodated, over the borrow/quarry areas to be used for acquisition of construction materials and over areas that may be used for construction of workshops.
Excavating the road formation in cuts and then using the material if suitable to form the compacted embankments layers
Excavating spoil material that is unsuitable to form the road bed and replacing it with suitable materials from cuts or borrow areas.
Filling of low areas
Excavating side drains, catch water drains, offshoots, outfall drains and foundations of other drainage structures.
Scarifying and compacting the existing material if suitable to form the sub-grade in cuts or laying and compacting selected sub-grade materials.
Surfacing: This involves laying of an asphaltic concrete (AC) wearing course or surface dressing of both the carriageway and the shoulders. Prior to application of the AC surfacing, a bituminous prime coat is applied on the base layer. Application of a surface treatment involves spraying hot bitumen on the road surface followed by placing single size aggregates which range from 6 to 20mm. Bitumen is heated using electricity, firewood, diesel or gas.
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The application of an AC surfacing involves spraying a thin film of tar coat followed by the laying of a hot mixture of aggregates, filler, and bituminous binder prepared at predetermined proportions mostly in a stationery plant.
Ancillary works: The other activities expected to be under taken during the construction phase will include road markings, placing of road signs, guardrails, installation of street lights and electrical works, among others.
2.1.2 Area of Influence
For the dual carriage way roads, 30 meters was considered as the area that would be required for the road reserve, while for the single carriage way roads, the road reserve used was 15 meters. The 1965 Roads Act defines the road reserve/”right of way” for a road as the area bounded by imaginary lines and of no more than 50 feet from the center line of the road. This area is declared by statutory instrument as the road reserve. The act also states that no person may build any structure, or plant any tree, plant or crop in the road reserve. The road authorities are allowed to take materials and/or dig within the road reserve for the construction and maintenance of the road.
2.2 Land Requirements
Thelandrequirementsfortheprojectareofthreebroadcategoriesnamely;
Land for rehabilitation of the road(3.789 Acres)
Land for the expansion of the road and road reserve (5.477 Acres)
The Road reserve is deemed not to have any residual value and will thus be compensated in full.
Land required temporarily for construction purposes will depend on the area and a separate abbreviated RAP will be undertaken by the contractor. Temporary land acquirement will be guided by the entitlement matrix at replacement cost based on this RAP
Total land take is 9.906Acres and a summary of the total land take per project is given in Table 2-1.
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Table 2-1: Summary of Land Required For the Projects
Source: Census 2014
2.3 Impact on Structures
There are 44 structures both permanent and semi-permanent that will be affected by the proposed project as shown in the figure below. In total there are 44 structures that will be affected, most of which are found on Hoima Road.
Figure 2-1: Distribution of Affected Structures on All Batch 1 Roads
(Source: Census 2014)
73%
9%
16%
2%
Distribution of Affected Structures on All Batch 1 Roads
Hoima Rd
Makerere Hill Rd
Bwaise Junction-MambuleRd
Kabira Junction-Kira Rd
LOCATION Land to be acquired from private property
TITLED UNTITLED
Within
existing
road(Ac)
Outside the
existing
road(Ac)
Outside
existing
road(Ac)
Within
existing
road(Ac)
KABIRAJUNCTION
KIRAROAD
0.043
0.244
BAKULI-NAKULABYE TO
KASUBI CH 0 2+280
0.602
1.75
0.398 0
MAMBULEROAD
BWAISEJUNCTION 0.968 1.039
MAKERERE
HILLROAD
2.811
1.616
Total 3.789
5.079
0.398 0
Total land Titled/untitled
9.508 0.398
Grand Total of Land Required 9.906
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2.4 Project Affected Persons
In total the project road and junction activities will directly affect a total of 192 persons through loss of land and structures. 113 PAPs are registered land owners, 50 PAPs are unregistered and 29 are licensees. In terms of gender, 77% of the property is owned by men and 24% is by women. PAPs composition per project road is summarized in Table 2-3. No households are affected by the road design.
Table 2-2: Affected Persons and households
Project Area Number of Project Affected
Persons
Hoima Rd 111
Makerere Hill Rd 48
Bwaise Junction-Mambule Rd 26
Kabira Junction-Kira Rd 7
Total 192
Source: Census 2014
All these categories will either lose land, access to land, housing, crops and other property. Hoima Road has a bigger percentage of project affected persons as shown in the table above. Note: The project is affecting only businesses. No households were identified. The project identified individual project affected persons (PAPs). 2.5 Impact on Crops/Trees
A few trees will be affected and the affected persons are mainly on Hoima Road as shown in the table below.
Table 2-3: Impact on Crops/Trees in Project Area
2.6 Impact on Livelihoods
A number of businesses will be affected by the development either through impact on access, diversions of traffic, transportation entities including bodaboda riders, retail shops, and garages. The biggest impact on livelihoods is on Mambule Road and Bwaise junction due to the high concentration of businesses on Mambule Road as shown in the figures below.
Project Area Affected Trees and Crops
Hoima Rd
32
Makerere Hill Rd
16
Bwaise Junction-Mambule Rd
7
Kabira Junction-Kira Rd
-
Total
55
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Figure 2-2: Businesses that could be disrupted in the
Construction Phase
Figure 2-3: Ann impression of the Livelihood Activities
On Makerere Hill Road
Figure 2-4: Livelihoods that Could Be affected on Bwaise Junction
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In addition to the transporters, about 100 vendors operating within the road reserve at Kasubi junction have to relocate in order to pave way for civil works within the 100 meter to be upgraded in Batch 1. KCCA commits to supporting the 100 market vendors in getting alternative space to actively trade. In addition KCCA will give the vendors a waiver on market fees a period of eight months to ensure that their livelihoods are restored.
2.7 Impact on utilities
A number of utilities were identified as those that are to be affected and these are highlighted in the table below.
Table 2-4: Impacts on UTL Installations
Infrastructure to be
Improved
Affected UTL installation
. Makerere Hill Road Undergroundductsystemfacilitiesfromthestartcrossingtotheside
onwhichTotal, Makerere University and College are located,
and continuing to Nakulabye. Boxes and cabinets along the
route.
CabledistributionnetworkfromWandegeyauptotheMarketatNaku
labye.CabledistributionnetworkatNakulabyeRoundaboutwillnot
beaffected(becausethispartoftheinfrastructurewillbeimprovedby
UNRA) . Bwaise junction Duct system and facilities
Cable(aerial) distribution network
Table 2-5: Potential Impacts on Telecommunication Companies
Infrastructure to be improved Affected Telecommunication Installation
AIRTEL Installations . Makerere Hill
Road
Wandegeya to Nakulabye
from The layout of the BTS site near Kobil Petrol Station will
need to be reconfigured.The mast will not be moved but
4No.cabinets,1No Metrebox,1No junction box,and a
generator set will have to be moved within the existing
site inorder to leave the road unencumbered. Additional
20square meters of land (from the adjacent garage) will
need to be acquired.
Orange Installations
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. Makerere Hill Road
Wandegeya to Nakulabye
from From Wandegeya, to Gaddafi Road, the Optical Fibre Cable and Man holes are out of the 20m reserve.
The fibre crosses to the opposite side of the road at the
Gadaffi Road Junction at a depth of 0.8m and from this
point up to Sir Apollo Kaggwa Road, the line is in the
reserve. During construction work around the crossing
will have to be supervised. The line from Gaddafi Road
up to Sir Apollo Kaggwa Road will need to be moved to
allow for Road widening
Consultations with the engineering department reveal that other utilities have not been identified but a provisional sum for the relocation of such facilities has been included in the construction contract. Consultations will utility companies will focus on how the relocation process should be undertaken and the related project costs.
2.8 Minimization of Impact
According to the World Bank OP 4.12, involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. During the design phase, the project team explored ways of minimizing this impact. During the design phase, a number of measures were taken so as to reduce on the amount of land take and structure affected including reducing the width of lanes to fit the design in the available corridor so as to affect as few structures as possible. Avoiding congested areas was not an option given the nature of settlements along these roads and the size of the existing carriage ways. Some of the mitigation measures that were implemented include:
Shifting of some NMT facilities like bus bays that have on many roads led to a spike in the land take acreages. Changing the position of some of these facilities will significantly reduce the compensation costs.
Shifting the alignment to right hand side of Hoima road in order to reduce the compensation costs. There are more affected structures on the left hand side and almost no structures affected on the right hand side.
KCCA has been reviewing its designs in order to ensure that the cost of compensation is minimized. The 2013 Rap report indicated Uganda shillings 31,060,925,607/= (Thirty One Billion, Sixty Million, Nine Hundred Twenty Five Thousand, Six Hundred Seven) as the compensation budget for the project affected properties. While in this report, Uganda Shillings 22,058,259,499/= (Twenty Two Billion, fifty eight Million, two hundred fifty nine thousand four
hundred ninety nine) is the current compensation budget on the project affected areas. This includes 10% and 5% of the cash compensation project costs for Internal and External monitoring and evaluation of Resettlement activities respectively. 15% of the cash compensation cost has been provided in the budget as an allowance for loss due to severance As a result of mitigation at design the project has realized a reduction of 29%
being triggered by; variation in the number of PAPs along the project areas, change in compensation rates because of inflation, the increase of the
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disturbance allowance from 15% to 30% on Mambule and Kiira roads due to planned sectional handover of the project roads to the developer, and an alteration in land take acreages since boundaries were not opened in 2013. The RAP and valuation report of 2013 was based on estimates, the update of this RAP which included opening up of boundaries and reviewing the design has led to reduction in the number of PAPs and total land requirements. The comparison made is shown in the table below.
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Roads Number of
PAPs Total Land Value (UGX)
Value of Improvements
(UGX)
Value of Crops &
Trees (UGX) Sub-Total (UGX)
15 %
Disturbanc
e
Allowance
(UGX)
Disturbanc
e
Allowance
(UGX)
Total Compensation Value
(UGX)
Report 2013 2015 2013 2015 2013 2015 2013 2015 2013 2015 2013 2015 2013 2015
Hoima
Rd
60 111 7,937,488,200 4,764,126,324 2,817,391,90
0
2,946,443,20
0
2,489,50
0
4,418,90
0
10,757,369,60
0 7,714,988,424
1,613,605,44
0
1,157,248,26
4
12,370,975,04
0 8,872,236,687
Makerer
e Hill
Rd
57 48 3,547,000,000 5,064,950,000 236,138,500 445,387,110 760,000 808,500 3,783,898,500 5,511,145,610 567,584,775 826,671,841 4,351,483,275 6,337,817,451
Bwaise
Junction
Mambul
e Rd
26 26 1,468,900,000 673,789,092 441,280,300 418,954,000 335,000 0 1,910,515,300 1,092,743,092 286,577,295 327,822,928 2,197,092,595 1,420,566,020
Kabira
Junction
Kira Rd
59 7 1,154,855,000 744,900,000 71,880,000 36,310,000 - 318,800 1,226,735,000 781,528,800 184,010,250 234,458,640 1,410,745,250 1,015,987,440
Pride
theatre
junction
8 0 128,400,000 0 38,424,200 0 110,000 0 166,934,200 0 25,040,130 - 191,974,330 -
Total 210 192 14,236,643,20
0 11,226,429,09
2
3,605,114,90
0
3,836,221,110
3,694,50
0
5,546,20
0
17,845,452,60
0 15,068,196,40
2
2,676,817,89
0
2,541,370,244
20,522,270,49
0 17,646,607,59
8
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2.9 General Mitigation Measures
The following mitigation measures have been suggested to reduce on the extent of negative impacts during resettlement action plan implementation;
Mainstreaming gender considerations in the RAP implementation process,
Notifications to project affected persons on important dates and actions including verification and disclosure
Livelihood restoration of businesses in the project area through communication of alternative routes for access during construction, opportunities for alternative business locations, commencement of construction dates, and dissemination of information on frequently asked questions through the divisions.
Training in financial literacy, livelihoods and business skills for project affected persons
Through stakeholder engagement with the contractor, the project team will ensure that un-skilled and semi-skilled employment opportunities are given to locals around the project areas so that some of the people that have been earning an income from the affected structures can benefit;
A sum (severance allowances) to compensate for injurious affection is included in this budget for properties that will be affected during the construction phase. Valuation of these properties will be done by the KCCA project Valuer during the implementation phase.
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3 MAIN OBJECTIVES AND JUSTIFICATIONS OF THE RESETTLEMENT PROGRAM
3.1 Objective of the RAP and requirements
Since the Government of Uganda through KCCA intends to minimize adverse social impacts of the Second Kampala Institutional and Infrastructure Development Project (KIIDP Phase 2), the Consultant was required to prepare a RAP to ensure that the people who are adversely affected by project activities receive compensation as prescribed by Law and in accordance with World Bank OP 4.12.
3.2 The Objective
The purpose of the Resettlement Action Plan (RAP) was to document social impacts from project activities that are likely to affect productive resources, or means to livelihood whether or not affected people must move to another location, and to describe what measures will be taken to compensate project affected people and restore their livelihoods at least to pre-displacement level.
3.3 Specific Objectives of the RAP
Determine the scope and magnitude of social impacts
Avoid or minimize adverse social impacts;
Describe compensation entitlements
Describe institutional responsibilities and implementation arrangements
Provide people with opportunities to participate in the design and implementation of the resettlement program;
3.4 Detailed Work
The extent of the corridor of the proposed road upgrade;
The definition of the road reserve for roads and junctions;
Social economic baseline information and project impacts detailing the project affected people by household and their losses;
Documentation of views and concerns raised by stakeholders and potentially affected persons regarding the development and implementation of the RAP and action points for concerns raised;
The proposed compensation measures with options identified and discussed with the affected people;
The agreements reached and the way forward;
A review of existing grievance measures, gaps and recommendations for project grievance mechanism;
RAP implementation arrangements, citing agencies and their responsibilities and detailed roles and responsibilities while making recommendations where some agencies have lean staff;
Monitoring and Reporting arrangements both during the project and post project implementation in order to assess the efficiency and effectiveness of the RAP process;
Implementation Schedule in relation to overall project implementation;
Costs and Budget including costs - evidence of the financial commitment /sources of the RAP budget, costs compensation and monitoring activities.
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3.5 Rationale for RAP Review and Update
In 2013 a RAP and valuation report under the KIIDP phase 2 was generated and in January-2015 a review and update was conducted because of the following reasons;
Change in the number of PAPs from 2091 to 1700 along the project roads and junctions since 2013 of which 200 are the directly affected persons while the 1500 are indirectly affected ( the initial was an estimate, surveys were not undertaken as well as a property census). The number of the directly affected PAPs has since reduced to 192 given that the Kasubi – Northern Bypass stretch was dropped from Batch 1 sub projects.
Inflation and other economic factors caused by the time difference from when the exercise was carried in 2013 by MBW and 2015 resulted into change in property market rates.
Need to revise the compensation rates accordingly and a new compilation of the land take acreage for both rehabilitation and expansion of the road reserve was required along the project roads.
In this regard, KCCA therefore contracted UB Consulting Engineers to update
the “Batch 1” RAP for this project.
3.6 Project justification
The improvements at the Junctions are aimed at increasing the capacity to accommodate peak hour traffic volumes and reduce congestion. This will include widening of approaches, channelizing and signalizing. Road dueling targets critical road links that are essential for optimal network performance. Makerere hill road (1.7km), Kira Road section (1.0km) and Bakuli-Nakulabye-Kasubi which are some of the most heavily congested roads in the city will be upgraded to dual carriageway, with suitable NMT facilities. The proposed project activities are a basis on expected socio-economic benefits including improving access to markets, social infrastructure including health services and employment opportunities. An improved road and junction in the city would shorten travel time to markets and trading centers. Access to healthcare facilities, markets and trading centers would also be enhanced. These improved roads and junctions will also reduce the crowding or jam-packing of vehicles in the city center which leads to slow business activities.
3.7 Methodology
3.7.1 Reconnaissance and Mobilization
The Consultant reviewed all available literature including prior assessments, relevant laws, policies, regulations, and guidelines both for Uganda and World Bank and other multinational lender, donor and development partners’ guidelines on social, environmental and resettlement issues were also reviewed. After the literature review, a reconnaissance visit was undertaken. This served to introduce the project to the Local leadership and some key stakeholders in
19
Kampala district as well as providing the opportunity to the consultant to have an overview of the project area. Together with the local leadership, a sensitization schedule was prepared.
3.7.2 Stakeholder and Community Participation
The Consultant appreciated the importance of stakeholder involvement in this project especially the project affected persons (PAPs). The Consultant adopted a full disclosure policy on all pertinent resettlement issues during the execution of the assignment. Information that was disclosed included background information document (BID) describing the project, likely impacts and project-affected areas. During execution of the assignment, the Consultant made consultations with the PAP’s on a range of issues including the design and implementation of the resettlement activities, resettlement alternatives, choices of compensation and arrangements for relocation. Meetings with PAPs: Prior to undertaking detailed social survey, sensitization
meetings were held in division affected by the roads and junctions. The meetings were aimed at disclosing and explaining the RAP study, explaining the valuation process and how it was conducted. These meetings were conducted by the social survey team.
3.8 Data Collection
3.8.1 Criteria for Eligibility
.
According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, are based on the following:
a. Persons that have formal legal rights to land, including customary and traditional; and rights recognized under the laws of Uganda. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations.
b. Persons who do not have formal legal rights to land or assets at the time the census begins; but have a valid claim of use to such land or ownership of assets through the national and traditional laws of Uganda. This class of people includes those that come from outside the country and have been given land by the local dignitaries to settle, and/or to occupy.
c. Persons who have no recognizable legal right or valid claim to the land they are occupying, using or getting their livelihood from. This class of people includes encroachers and illegal occupants/squatters.
The social survey utilized a structured questionnaire administered to all the PAPS along the route. Prior to administering the questionnaire to each PAP, its content was explained and purpose of requested information disclosed and carefully explained. Social data collected in the questionnaires were coded, entered in a database and analyzed using SPSS package.
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3.8.2 Cadastral Survey
Opening of land boundaries was carried out based on updated Survey data. Area
computations for each affected land property were carried out to ascertain;
• Acreage in the Existing road,
• Additional acreage to be acquired,
• Residue acreage.
Assessment for semi-permanent structures were computed using the district compensation rates at full replacement cost as already mentioned while permanent structures were assessed based on direct replacement cost with guidance from the Chief Government Valuer’s office. As advised by the CGV, structures that were slightly affected on the verandas were taken note of but not included in the detailed valuation report. Therefore, marginally affected structures have been excluded from this report. However, in line with the requirements of OP 4.12, these items will be considered during the construction phase as a budget for severance is provided for. KCCA take the responsibility to ensure that these impacts are adequately addressed.
3.8.3 Census and Property Valuation
Property Valuation was undertaken by a registered Valuation Surveyor working according to Ugandan legal and policy framework and World Bank’s OP 4.12 and shared with the Chief Government Valuer for approval.
3.8.3.1 Cadastral Surveys
Land traversed by the proposed roads and junctions was surveyed and mapped indicating the tenure system of each property. Customary land tenants and registered owners were recorded and strip maps produced. Survey beacons were placed along the way leave to enable easy identification later. Based on this, we were able to inspect all affected crops and developments for compensation purposes.
3.8.3.2 Basis for Valuation
The basis of valuation for compensation purposes is provided in the Constitution of Republic of Uganda 1995 and the Land Act Cap 227. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the full replacement cost standard of OP 4.12. Such additional measures are distinct from resettlement assistance to be provided under other clauses in OP 4.12, paragraph. 6. The valuation of the assets was done with the engagement and participation of the PAPs. The Constitution of the Republic of Uganda, 1995, Article 26
Every person has a right to own property either individually or in association with others.
No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied
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The taking of possession or acquisition is necessary for public use or in the interest of defense, public safety, public order, public morality or public health; and
The compulsory taking of possession or acquisition of property is made under a law, which makes provision
Prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property; and
A right of access to a court of law by any person who has an interest or right over the property.
The Land Act, 1998
The District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the value of standing crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or license. In addition to compensation assessed under this section, a Disturbance Allowance of fifteen per cent for more than six months’ notice of any sum assessed under subsection (1) of this section is considered. The rates set out in the list of District Compensation Rates referred to in paragraph (e) of subsection (1) of section 60 of this Act has been used in determining the amount of compensation payable. Crops Under the Local Government Act, the District Land Board in each local government has a mandate to develop own compensation rates for perennial crops and trees. Compensation values for Kampala district were used.According to Ugandan compensation regulations, seasonal crops (maize, beans, tomatoes) which could be harvested during the period of notice to vacate (3 or 6 months) given to land landowners/ occupiers are excluded from compensation unlike perennial crops such as coffee, bananas, fruit or timber trees.
In this project, the main trees were mango and jackfruit that were not used for commercial purposes.
3.8.4 Socio-Economic Methodology
The socio-economic studies covered: -
Current occupants of the affected line route to establish a basis for the design of the resettlement program.
Standard characteristics of households to be affected, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the population to be affected by the project activities; the magnitude of the expected loss – total or partial – of assets, and the extent of the effect, physical or economic;
Information on vulnerable groups or persons, for whom special provisions may have to be made; and
22
land tenure and transfer systems, including an inventory of common property, natural resources from which people derive their livelihoods and sustenance, non-title-based user systems (including grazing, use of forest and swamp areas,) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area.
The socio-economic survey was conducted on the people who were found to be living and working along the proposed project roads (Makerere Hill Road, Mambule Road, Hoima Road (Bakuli-Nakulabye-Kasubi), Kira Road, Bwaise Junction and Kabira Junction). From the Census there were 192 directly affected by the proposed project.
Physically Displaced Persons: these include land owners and property owners while structures include boundary walls, gates, and verandahs and complete buildings; a total of 192 was identified. No households will be physically relocated.
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4 SOCIO-ECONOMIC STUDIES
4.1 Introduction
This section provides results of the census and socio-economic survey carried out in the update and review of the 2013 RAP and Valuation report and results for the complete census obtained from the 2013 survey were adopted since they were still valid. Exception to this was the directly affected persons where a new survey was carried out. 4.2 Land Tenure Arrangement for Project Affected Persons
Results from this survey show that 29% of the Project affected Persons are Kibanja (unregistered land) land owners, 57% are registered land owners and14% are licensees as indicated in Figure 4-1.
Figure 4-1: Land Tenure Arrangements in the Project Area
Of the affected properties, 27% are permanent structures, 48% constitute other structures (fences, paved yards, and tarmacked yards) and the remaining 25% is bare land. For the land where there are no structures; there are either crops, collapsed buildings or no form of development at all. Below is Figure 4-2 showing the type of structures in the project area.
57%29%
14%
Registered land Owners
Unregistered land owners
Licencees
24
Figure 4-2: Distribution of the affected structures
4.3 Gender
The majority of the respondents are male. From the survey, 77% of the Property owners are male while 23% are female. These parties were consulted together with their partners so as not to ignore the rights of the women. Figure 4 -3 shows the gender disparity of PAPs in the project areas.
Figure 4-3: Gender of PAPs
4.4 Ethnicity
The Baganda constitute the largest ethnic group (60%), followed by the Banyankole (5%) and the rest of the ethnic groups constitute 33%. Foreigners account for the remaining 2% of the total population with the Rwandese constituting the largest foreign ethnic group (21%), followed by Tanzanians. The Indian population is steadily increasing following the new wave of the 1990s of foreign direct investment.
No development, 25%
Semi-Permanent, 48%
Permanet,27%
No development
Semi-Permanent
Permanet
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4.5 Use of structures
Structures in the project area are commonly used for commercial, small scale trade and residential purposes. From the socioeconomic survey 54% of the Affected Property is infrastructure in the Road reserve. Of this infrastructure, 6% are residential structures which are also predominantly used for commercial purposes for example small scale trade premises like groceries, drug shops, carpentry workshops and food stores. Only 14% of the affected properties are purely used for commercial purpose. These are largely malls, banks, schools, and markets. In terms of physical relocation, an administration block belonging to Makerere College School will be demolished and a more functional structure will be constructed for the school. During negotiations with Makerere University (the land owner and Makerere College School, KCCA proposed to replace the administration block with a new storied administration block, which provides an even better learning environment, which was agreeable to Makerere College School. A report to that effect will be presented to the CGV for and a plan for the new administration block will be submitted to KCCA Planning Unit respectively for approvals by January 18, 2016. KCCA commits to initiate construction of the block within Makerere College School compound by March 2016. This study further reveals that 26% of the affected area has no structures. 4.6 Livelihoods to be affected
Type of businesses going to be affected by the project include; Kiosks (Craft shop, Video library, Vendor, Retail, Boutique, Technician, Butchery, Mobile money). These are mainly businesses that can be easily relocated to another place within the project area if not all the land is acquired, or can as well be shifted to another place. Other types of businesses include; washing bays/night parking, welding, garages, petrol stations, restaurants, bars, charcoal vendors, hard ware shops, timber shops, furniture shops, saloons, tailoring, spare parts shops, shoe repairs, flower beds and stalls. Trading licenses and nature of business were used as a proxy to determine the income levels of the PAPs and it was generally acknowledged that majority of these people are low income earners yet spend more than they earn. This raised the issue of PAPs not knowing how to budget for their income, thus a need for monetary sensitization.
..
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5 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
5.1 Policy Basis
5.2 Legal framework
This Section presents an overview of the relevant legal and policy framework that has guided the development of this RAP and further guided the consultant in designing strategies for the implementation process. It covers the review of the Constitution of the Republic of Uganda, 1995, the Land Act, the Land Acquisition Act, and the Local Governments Act amongst others, and also describes the World Bank’s policy on involuntary resettlement (OP 4.12). In case of discrepancies between these two sets of standards those set by OP 4.12 will prevail in the project (see also 5.6 below).
5.2.1 The Constitution of the Republic of Uganda, 1995
Article 237(1) of the Constitution vests all land of Uganda with the citizens of Uganda. However under Article 237(1) (a), the Government or Local Government can acquire land in the public interest. Such acquisition is subject to the provisions of Article 26 of the Constitution, which gives every person in Uganda a right to own property.
The Constitution also prescribes the tenure regimes in accordance with rights and interests in which land may be held namely; Customary, Freehold, Mailo and Leasehold. It introduces the principles of “bona fide occupancy” and “lawful occupancy” intended to protect certain persons on the land by vesting in them certain rights of occupancy and security on the land they have occupied.
According to the Constitution, all land belongs to the people of Uganda and is held in trust by the Government. Government is authorized to acquire land for a public purpose and to compensate affected persons in accordance with the law. It provides procedures to follow during the acquisition of land for public interest and provides for “prompt payment of fair and adequate compensation” prior to taking possession of the land. Article 237 of the Constitution, 1995, vests land ownership in citizens of Uganda and identifies four land tenure systems, namely: customary; freehold; mailo; and leasehold. These are outlined below: a) Customary Tenure
Land is owned in perpetuity.
This tenure is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies. In other words customary regime is not governed by written law.
Customary occupants are occupants of former public land and occupy land by virtue of their customary rights; they have proprietary interest in the land and are entitled to certificates of customary ownership which may be acquired through application to the Parish Land Committee and eventual issuance by the District Land Board.
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b) Freehold Tenure
This tenure derives its legality from the Constitution of Uganda and its incidents from the written law.
It enables the holder to exercise, subject to the law, full powers of ownership.
It involves the holding of land in perpetuity or for a period less than perpetuity fixed by a condition.
c) Leasehold Tenure This tenure system is:
Created either by contract or by operation of the law;
Where the tenant has security of tenure and a proprietary interest in the land.
A form under which the landlord or lessor grants the tenant or lessee exclusive possession of the land, usually for a period defined and in return for a rent;
d) Mailo Tenure
The Mailo land tenure system is a feudal ownership introduced by the British in 1900 under the Buganda Agreement. "Mailo" is a Luganda word for ―mile as the original grants under the agreement were measured in square miles. Prior to the 1975 Land Reform Decree, Mailo land was owned in perpetuity by individuals and by the Kabaka (hereditary King of Buganda). All Mailo land parcels have title deeds.
Persons who buy portions (kibanja1) on Mailo land are protected by Ugandan law to live on and use the land, but they are obliged to pay certain annual royalties to the Mailo owner (currently Ug. Shs 1000 about US 60 cents per household per year according to land law). No title deed is associated with Kibanja purchase: the Mailo owner would simply write a sale (purchase) agreement witnessed by zonal local leaders (LCs), giving the Kibanja buyer full rights to own and use the purchased portion of Mailo land. Such a buyer can sell his/her Kibanja to a new owner but notify Mailo owner and local leaders about the changed ownership. In cases of compensation, an apportionment of land value of 60% and 40% share of the market value is given to the landlord and Kibanja owners respectively, depending on developments invested on the affected land. For example, a Kibanja owner who has permanent structures or perennial crops is entitled to a 60% share of the compensation value while one with only temporary structures or annual (seasonal) crops is entitled to only 40%. The Mailo tenure system:
Derives its legality from the Constitution and its incidents from the written law;
Involves holding of land in perpetuity.
Permits separation of ownership of land from the ownership of development on land made by a lawful or bona fide occupant2.
Enables the holder to exercise all the powers of ownership, subject to the rights of those persons occupying the land at the time of the creation of the mailo title and their successors.
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Although only these latter forms of tenure are legally defined under the Land Act, the context of common law also recognizes Licensee or Sharecroppers; these terms having similar meanings in practice. Licensees are persons granted authority to use land for agricultural production. Traditionally, such production would be limited to annual crops and not perennial types. Licensees have no legal security of tenure or any property right in the land and their tenure is purely contractual. It will be noted, however, that WB safeguard policies require compensation of PAPs irrespective of legality of their tenure on land. In compensation and resettlement, rights of spouses and children are protected under the Constitution of Uganda and the Land Act (Cap 227). The consent of spouse and children must be acquired prior to any transaction by head of households on land on which the family lives. Section 40 of the Land Act, 1998 requires that no person shall:
a. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land;
b. Give away any land or enter into any transaction in respect of land:
In the case of land on which ordinarily reside orphans, whom are still minors, with interest in inheritance of the land, except with prior written consent of the Committee.
In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse;
In the case of land on which the person ordinarily resides with his or her dependent children (minors) except with the prior written consent of the Committee;
In the case of land on which the person ordinarily resides with his or her dependent children (minors) of majority age, except with the prior written consent of the dependent children (minors).
Inference: Relevance of the Constitution to the project is in the fact that it is the principal law onto which all social-environmental protection laws are derived. It requires equitable compensation for any land take, recognizes various land tenure systems and gives credence to the law (Land Act) governing land acquisition and rights of spouses in compensation.
5.2.2 The Land Act, Cap. 227 The land Act was made in 1998 to implement reforms in the land tenure and management introduced by the constitution. The Act provides for various categories of land tenure and regulates all aspects of land administration, proprietary rights of land owners and compulsory acquisition of land for public use. The Act creates a number of land administration institutions such as the Uganda Land Commission (ULC), the District Land Boards (DLB) and the Parish
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Land Committees. The district land boards are considered as one of the stakeholder to participate in the implementation of this plan and are committed to their role of witnessing during the payment process.
5.2.3 The Land Acquisition Act, Cap. 226
This Act makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister Responsible for land may authorize any person to enter upon the land and survey the land, dig or bore the subsoil or any other thing necessary for ascertaining whether the land is suitable for a public purpose. The Government of Uganda is supposed to pay compensation to any person who suffers damage as a result of any action. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision. The Land Acquisition Act stops at payment of compensation. It is not a legal requirement to purchase alternative land for the affected people by the project. Once they are promptly and adequately compensated, then the obligations stop there. The Government through the Ministry of Lands, Housing and Urban Development will pay the compensation to the affected persons. There is no requirement or provision in the law that people need to be assisted with relocation or that alternative land is made available or bought. Each affected person entitled to be compensated; on receipt of his/her compensation is expected to move and has no further claim. This act has been supplemented by OP 4.12 to ensure that PAPs do not become more vulnerable as a result of the development. Although the act does not take into account purchase of alternative land, Land for land as proposed by World Bank’s OP. 4,12 (in case of land based livelihoods) was considered by KCCA but due to shortage of land within Kampala and the observation that most of the businesses that will be affected are not land based the option was not further considered. However, in order to support the project affected persons, they will be given training on financial literacy, business opportunities, gender considerations at business and household level so that they can sustainably utilize their compensation packages. This training will be undertaken prior to the verification and disclosure process and the output for each PAP will be a simple action plan for the money to be received. In order to integrate aspects of gender, invitations for training will also include spouses of the project affected persons.
5.2.4 The Land Act, 1998
The Land Act principally addresses four issues namely; holding, control, management and land disputes. As regards tenure, the Act repeats, in Section 3, provisions of Article 237 of the Constitution which vests land ownership in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act provides for acquisition of land or rights to use land for public works. Regarding control of land use, the Act reaffirms statutory power of compulsory acquisition conferred on the government and local authorities under articles 26
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(2) and 237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements of Article 26(2) of the Constitution that requires a law to be in place for the payment of compensation and access to the courts. The Act also requires that landowners manage and utilize land in accordance with regulatory land use planning (Sections 44 and 46). Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a disturbance allowance on top of the computed compensation amount as shown below:
30% of compensation amount if quit notice is given within 6 months.
15% of compensation amount if quit notice is given after 6 months.
The rights of spouse and children are protected under the Constitution of Uganda and the Land Act (Cap 227). The consent of spouse and children must be acquired prior to any transaction by the head of household on land on which the family ordinarily resides. Section 40 of the Land Act, 1998 requires that no person shall: a) Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land; b) Give away any land inter vivos, or enter into any transaction in respect of land:
In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse;
In the case of land on which the person ordinarily resides with his or her dependent children of majority age, except with the prior written consent of the dependent children of majority age;
In the case of land on which the person ordinarily resides with his or her dependent children below the majority age, except with the prior written consent of the Committee;
In the case of land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior written consent of the Committee.
This land acquisition process is guided by the Land Act, 1998 through a number of ways including the following:
The Act gives KCCA the power to acquire land for public works however guided by the Constitution of Uganda, compensation for land, structures and developments is required;
Relatedly, the valuation methodology was guided by this Act and approved by the Chief Government Valuer;
For those roads that need to be constructed as soon as possible, a disturbance allowance of 30% has been considered;
The consent of the spouse has been considered especially when it comes to signing of consent forms.
5.2.5 The Land Regulations, 2004
Section 24(1) of the Land Regulations, 2004 states that the District Land Board shall, when compiling and maintaining a list of rates of compensation, take into
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consideration the following: a) Compensation shall not be payable in respect of any crop which
is illegally grown; b) As much time as possible shall be allowed for harvest of seasonal
crops; c) The current market value of the crop and trees in their locality will
form the basis of determining compensation.
5.2.6 The Land (Amendment) Act, 2010
Section 76(1) (a) of the Land (Amendment) Act 2010 states that the jurisdiction of the District Land Tribunal shall be to determine dispute relating to the grant, lease, repossession, transfer or acquisition of land by individuals, the commission or other authority with responsibility relating to land. Field Observations revealed that land tribunals are not active therefore, project based grievance management committees have already been formed to address any issues that are related to this land acquisition process including identification of eligible PAPs, valuation issues and survey issues.
5.2.7 The Local Governments Act, Cap 243
The local Governments Act consolidates existing local government law in accordance with the constitution. The Act implements Government’s decentralization policy, which involves the devolution of powers and service delivery to districts and other lower local governments. The Act establishes a form of government based on the district as the main unit of administration. Section (34-45) of the Act gives legislative and planning powers to the districts. Local governments are vested with certain functions including those relating to conservation of the environment and land management. In line with this Act, KCCA through its existing structures will implement this resettlement action plan both at division and authority level. Planned training will inform all stakeholders of their roles in implementation of this RAP.
5.2.8 The Town and Country Planning Act 1964
Uganda‘s 1995 Constitution provides that government may, pursuant to laws made by parliament and government policies, regulate the use of land. The principal law on land use and land planning in urban and rural areas is the Town and Country Planning Act. The Act establishes the Town and Country Board charged with the duty of planning and orderly development of towns and rural areas. The board advises the minister and local authorities in its duties. Local Planning Committees may be formed, to which the board may delegate duties. The Act established guidelines for developing planning schemes, acquisition of land and compensation for acquired lands. The Second Schedule to the Act outlines measures designed to safeguard the natural environment. Any land in the planning area required for road, open space gardens, schools, places of religious worship and recreation may be acquired on the advice of the board in relation to provisions of the law relating to compulsory acquisition. The Act also prescribes sites of new roads connecting to an existing road or the site of a proposed road. The Act provides for the orderly planning in urban and rural areas and establishes
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guidelines for planning schemes, acquisition of land and compensation for acquired lands, as well as considerations to safe guard the natural environment.
5.2.9 The Road Act, CAP 358
The Road Act (Cap 358 of the Laws of Uganda) provides for the establishment of road reserves and for the maintenance of roads by empowering the responsible Minister of Works and Transport to declare road reserves by Statutory Instrument. The need for Government to maintain basic control over developments along the road is to ensure that basic necessities of maintaining road geometry and engineering needs such as sight lines, horizontal curvatures, sight distances and road safety considerations. Also, it is in road reserves that utilities (electricity transmission lines and water mains) are installed. However, this control is exercised with flexibility in order to minimize social-economic consequences arising from use of road reserves for cultivation by rural communities.
5.2.10 The Physical Planning Act, 2011
This Act replaced the Town and Country Planning Act, Cap 246 which was enacted in 1951 and revised in 1964 but is now inconsistent with contemporary government system in Uganda. The 1951 Act was enacted to regulate and operate in a centralized system of governance where physical planning was carried out at national level through the Town and Country Planning Board. Implementation of the Act was supervised by local governments, especially the urban local governments.
Uganda has since gone through many social, political and economic changes. For example, promulgation of the 1995 Constitution established a decentralized system of governance which divulged powers and functions including physical planning, finance and execution of projects from the central government to local governments. This therefore created a need to enact a physical planning legislation which is consistent with this Constitutional requirement. The Physical Planning Act, 2011 establishes district and urban physical planning committees, provides for making and approval of physical development plans and applications for development.
The Act is relevant to the KIIDP II since infrastructure to be developed will have to be considered as part of future physical planning in certain areas and therefore conformity to local physical planning requirements is essential.
5.2.11 KCC Act 2010
An Act to provide, in accordance with article 5 of the Constitution, for Kampala as the capital city of Uganda; to provide for the administration of Kampala by the Central Government; to provide for the territorial boundary of Kampala; to provide for the development of Kampala Capital City; to establish the Kampala Capital City Authority as the governing body of the city and to provide for a Metropolitan Physical Planning Authority for Kampala. Section 7(1) lists functions of KCCA as, among others:
to promote economic development in the capital city;
to construct and maintain roads;
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to construct and maintain major drains;
to install and maintain street lights;
to organize and manage traffic;
to carry out physical planning and development control;
to monitor the delivery of services within its area of jurisdiction; Making cross reference with the Land Act, 1998, in order to achieve the above
mandate, the authority is allowed to acquire land for public works.
5.2.12 Water Act CAP 152
The objective of the Act is to enable equitable and sustainable management, use, and protection of water resources of Uganda through supervision and coordination of public and private activities that may impact water quantity and quality. Section 18 requires that before constructing or operation of any water works, a person should obtain a permit from Water Resources Management Directorate (WRMD). Construction works is herein defined to include alteration, improvement, maintenance and repair of works partly or wholly situated within or on the bed or bank of any water course and therefore this provision is relevant to bridges. The Act also aims to control pollution of water resources (Sections 20 and 31). The foregoing notwithstanding, Section 19 provides that subject to guidelines established by the Minister from time to time, the Director (of Water Resources Management) may exempt a public authority or a class of persons or works from requirements in Section 18 on such conditions as he or she may deem fit. Section 31 (1) of the Water Act stipulates that it is an offence for a person to pollute water through discharge of waste into watercourses. In conformity with this law, the spillage of petroleum products, disposal of overburden, litter or construction waste should be avoided during project construction and operation or maintenance activities. Interpretation: This Act is relevant to the Project as some of the KIIDP II activities may impact on a water course. Mitigation measures will mainly be implemented through the environment and social management plan, but in the event that there is injurious affection, a budget has been included in this RAP specifically to compensate such project affected persons.
5.3 Policy framework
5.3.1 The Uganda National Land Policy, 2013
This new land policy addresses the contemporary land issues and conflicts facing the country. The vision of the policy is: “Sustainable and optimal use of land and land-based resources for transformation of Ugandan society and the economy” while the goal of the policy is: “to ensure efficient, equitable and sustainable utilization and management of Uganda’s land and land-based resources for poverty reduction, wealth creation and overall socio-economic development.”
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The Policy provides for access to land for investment. Section 4.16 of the Policy states that Government shall put in place measures that minimize negative impacts related to investment on land so as to deliver equitable and sustainable development.
Part 90 of section 4.16 of the Policy enjoins government to protect land rights, including rights of citizens in the face of investments with measures for clear procedures and standards for local consultation; mechanisms for appeal and arbitration; and facilitate access to land by vulnerable groups in the face of investments.
Measures for protection of land are dealt with in Section 4.18 (93) of the Policy. Accordingly, the Policy recognizes the inability of the majority of Ugandan to afford the cost of formally securing land rights and therefore government is to put in place a framework that will ensure that land rights held by all Ugandans are fully and effectively enjoyed.
5.3.2 The National Land Use Policy, 2013
The overall policy goal is to achieve sustainable and equitable socio-economic development through optimal land management and utilization in Uganda.
Therefore, compensation packages have taken into account this land use policy by ensuring that all PAPs continue engaging in their livelihood activities without compromising optimal land management. 5.4 Property and Land Rights in Uganda
The Constitution of Uganda, 1995 vests all land directly in the Citizens of Uganda, and states that every person in Uganda has the right to own property. The Constitution also sets the standard for any form of compensation in Uganda and provides for prompt payment of fair and adequate compensation prior to the taking possession or acquisition of the land/property. Ugandan law recognizes four distinct land tenure systems, customary tenure, Freehold tenure, Leasehold tenure, and Mailo tenure.
Customary land is owned in perpetuity and is governed by the customary laws by the peoples who have customary tenure. It is governed by rules generally acceptable as binding and authoritative by the class of people to which it applies. These people have propriety interest in the land and can acquire a certificate of customary ownership or a freehold certificate of title by requesting one through the Parish Land Committee (which will then be granted by the District Land Board). Land is owned in perpetuity under customary tenure.
Freehold tenure involves the holding of land in perpetuity or of a period less than perpetuity fixed by a condition. It enables the holder to exercise full power of ownership. A freehold title can be subjected to conditions, restrictions or limitations which may be positive or negative in their application.
Mailo tenure involves the holding of land in perpetuity. It was established under the Uganda Agreement of 1900. It permits the separation of ownership of land from the ownership of developments on land made by a lawful occupant. Additionally, it enables the holder to exercise full power of ownership, subject to the customary and statutory rights of those
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persons lawful or bonafide in occupation of the land at the time that tenure was created and their successors in title.
Leasehold tenure is created either by contract or by operation of the law. The landlord or lessor grants the tenants or lessee exclusive possession of the land, usually for a period defined and in r additionally, under common law the statute of a licensee or sharecropper is also recognized. Licensees are granted authority to use land for agricultural production, usually limited to annual crops. They have no legal security of tenure or any propriety right in the land.
5.5 World Bank’ Safeguard Policy on Involuntary Resettlement
The World Bank’s safeguard policy on involuntary resettlement; OP 4.12 is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions to access to natural resources, may take place as a result of the project. It includes requirements that:
Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. The application of this aspect of the policy was during the design phase where different options were considered and the preferred option was based on that which has the least impact related to involuntary resettlement.
Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons who are physically or economically displaced by the project to share in project benefits. Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
Preference should be given to land-for-land compensation when livelihoods are land-based. Given that most businesses were not land based, this option was not further considered, more so, given the fact that the availability of land in Kampala is a major constraint to this option.
This policy covers direct economic and social impacts that both result from Bank- assisted investment projects, and are caused by the involuntary taking of land resulting in:
a. relocation or loss of shelter; b. loss of assets or access to assets; or c. loss of income sources or means of livelihood,
whether or not the affected persons must move to another location
Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people.
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The category of people identified during the census include property owners that are earning income from rent for business. KCCA recognises the fact that some of the structures have to be relocated, and that if not well prepared, the Project affected persons may not sustainably utilise the money. It is against this background that training on financial literacy and livelihoods is planned to prepare them on how to invest wisely.
OP 4.12 further requires particular attention to be given to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities and other disadvantaged persons. In preparation of this plan, vulnerable persons were defined as follows:
spouses that do not have the power to make decisions relating to the compensation money (consent forms to be signed by both spouses and livelihood training targets both spouses with the aim of promoting joint planning)
Business owners that may take time to reconstruct their businesses especially due to new location of business (livelihood training will also look at other business opportunities within the project area so that business owners are empowered to invest wisely, any amount of money if sustainably utilized can provide lasting benefits to an individual. This will also enable KCCA create ownership for the project and limit construction delays.)
For those property owners who are indirectly affected, a budget has been included for any severance.
5.6 Differences between Uganda Laws and the World Bank’s OP 4.12
There are some differences between the World Bank’s OP 4.12 and the Uganda Laws on Resettlement and Compensation. For instance: the Ugandan Laws are restricted to fair, adequate and prompt compensation (cash), while the World Bank OP 4.12 extends it to providing alternative land for land based enterprises and resettling the person. In Uganda compensation is based on the right of ownership. The World Bank OP 4.12 is fundamentally different from this, and states that affected persons are entitled to some form of compensation whether or not they have legal title as long as they occupy the land by a specified cut-off date.
A comparison of Uganda Law and World Bank’s OP 4.12 requirements with possible mitigation options regarding compensation is given in Table 6-1 below.
5.6.1 Gap Analysis
There are significant gaps between Ugandan laws and regulations and requirements for resettlement as laid out in OP 4.12. The Ugandan systems on involuntary resettlement are reckoned not to be equivalent with the Bank‘s. The notion that Uganda‘s laws are somewhat inferior resulted in the prioritization of the World Bank policies. Therefore, although this report complies with the Uganda‘s laws, this project is fully tailored to the provisions of the World Bank policies. Table below highlights the differences between Ugandan laws and World Bank policies regarding resettlement and compensation. Table 5-1 gives an overview of the gaps and how they should be addressed.
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Table5-1: Comparison of World Bank and Uganda Resettlement requirements
Issue World Bank Requirement Ugandan Law Provision or
requirement
Potential Gaps and
proposed measures to
bridge them
Principle
adopted for
RAP and
Valuation Land
Acquisi
tion
Land
Owners
• Resettlement may include
the provision of
Alternative land
Compensation based on
replacement cost
After cash compensation, no
provision for alternative land,
or any other claim by occupier
or landowner
Cash compensation based on
market value of unimproved
land and
additionaldisturbanceallowance
• Bank requirement will be
met.
Affectedpersonswill
beofferedalloptions
andtheirinformedch
oicewillprevail
Replacement
Cost will be used
becauseintheurba
nsetting,itishighert
hanreplacementc
ost
OP.
4.12
prevails.
Tenant
s on
Land
The OP 4.12 explicitly states that the affected persons cannot be denied compensation /resettlement assistance based on the lack of legal title. Bank projects, therefore, need to make provisions for helping squatters / encroachers achieve the objectives of the Bank's resettlement policy. For those without formal legal rights to lands or without claims to such land that could be recognized under the laws of the country, the government should provide resettlement assistance, to help improve or at least restore those affected persons‟ livelihoods.
Ugandan law does not make any specific accommodation for squatters or illegal settlers, and compensation is based on legal occupancy. The Land Act treats lawful occupants and bona fide occupants as statutory tenants of the registered owner. Under Section 29 of the Land Act, “lawful occupant” means a person who entered the land with the consent of the registered owner, and includes a purchaser; or a person who had occupied land as a customary tenant but whose tenancy was not disclosed or compensated for by the registered owner at the time of acquiring the leasehold certificate of title. “Bona fide occupant” means a person who before the coming into force of the Constitution had occupied and utilized or developed any land unchallenged by the registered owner or agent of the registered owner for twelve years or more; or had been settled on land by the Government or an agent of the Government, which may include a local Authority
For the avoidance of doubt, a person
on land on the basis of a license from
the registered owner shall not be taken
to be a lawful or bona fide occupant
• In defining eligibility, the
Ugandan law does not
make provisions for
squatters or illegal
settlers and
encroachers.
Observation during the
census did not reveal
that there are any
squatters or
encroachers along most
of the roads.
OP 4.12
prevails
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Issue World Bank Requirement Ugandan Law Provision or
requirement
Potential Gaps and
proposed measures to
bridge them
Principle
adopted for
RAP and
Valuation Land
users/Sharecroppers
Squatters are provided resettlement
assistance and Compensation for loss of
non-land assets that they lose. People who
have valid licenses for temporary use of land
or structures are eligible for compensation
for the loss– this compensation shall be
prorated for the remaining period of validity.
These people should also be compensated
for loss of crops or other damage incurred. It
would be good practice to provide these
people with relocation or transition
assistance. Recommend in-kind
compensation orcash
compensation at full replacement cost
including labor and transaction costs
Licensees are granted authority to use land for agricultural production, usually limited to annual crops. They have no legal security of tenure or any propriety right in the land. The Land Act, section 29(5) clearly states that for the avoidance of doubt, a licensee shall not be taken to be a lawful or bona fide occupant Not en t i t l ed to land com pensa t i on . Entitled t o compensation for crops without income restoration.
The Uganda law does
not consider income
restoration and for
crops valuation is
based on district
compensation rates
OP 4.12
prevailed
financial
literacy and
livelihoods
training is
provided for to
cater for
sustainable
utilization of
resources
Asset Acquisition
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Issue World Bank Requirement Ugandan Law Provision or
requirement
Potential Gaps and
proposed measures to
bridge them
Principle
adopted for
RAP and
Valuation Owners of Non-
Permanent
Buildings
For those without formal legal rights to lands or claims to such land that could be recognized under the laws of the country, Bank policy provides for resettlement assistance in lieu of compensation for land, to help improve or at least restore their livelihoods. Compensation for loss of non-land assets that are lost (for ex. structures, trees, crops) at full replacement cost without depreciation; option to salvage construction materials witout impact on compensation
Mailo tenure involves the holding of
land in perpetuity. It was established
under the Uganda Agreement of
1900. It permits the separation of
ownership of land from the ownership
of developments on land made by a
lawful occupant. Owners of non-
permanent buildings are entitled to
compensation based on rates set by
District Land Boards In addition
disturbance allowance is included
There appears to be a significant difference between Ugandan laws and Bank policy. Those without formal legal rights or claims to such lands and/or semi-permanent structures are not entitled to resettlement assistance or compensation under Ugandan law.
OP4.12
prevails
Owners of
Permanent
Buildings
Recommend in-kind
compensation or cash
compensation at full
replacement cost including
labor and transaction costs;
option to salvage construction
materials without impact on
compensation
Valuation by Valuer +disturbance
allowance. Valuation is based on
depreciated market value
Ugandan law does
not meet World Bank
requirements
OP. 412
Prevails as
methodology
uses full
replacement
cost
41
Issue World Bank Requirement Ugandan Law Provision or requirement Potential Gaps and
proposed
measures to bridge them
Principle adopted for
RAP and Valuation
d)
e)
a) Perennial crops
Annual crops
Business
income
Transition period should be taken
into account. This
Period may be more than one year
Cash compensation based on district rates+
Disturbance allowance (30%)-Rates calculated as the
one year net agricultural income
Disturbance allowance is expected to take care of the
establishment period for these crops with
establishment of more than one year.
Ugandan law meets does not
m eet Bank requirements
OP. 4.12 prevails as
notice is given prior to
commencement of the
civil works
Establishment of cutoff date
beyond which crops planted are
not compensated. Allow for
harvest wherever possible
(beyond cutoff date if resettlement
has not been implemented).
Income must be restored.
Six month notice for Kira and Makerere Hill Road and 3
months’ notice for persons on Hoima and Mambule
Road
There are some who will leave in 3 months and 6
months for others
Ugandan does not law meets
Bank requirements
World bank OP. 4.12
adopted
Establishment
accesstosimilaropportunitiesifactivit
ies
No compensation .Six months ’notice is supposed
Ugandan does not law meets
Bank requirements
World bank OP. 4.12
adopted, project will give
business communities
alternative routes for
access during project
implementation and any
other information that will
enable the business
communities restore their
livelihoods
cannot continue following partial
acquisition of
To allow people to re-establish their business.
Land take
Compensation where interest on land is long term
Wage employees are entitled
to transitional
(e.g. lease on land)
Allowance equivalent to lost wages
as a result of dislocation or
disruption
42
Livelihood restoration Resettlement should aim at
improving or at least
restoringtheeconomicbaseofdispl
acedpersons,recognizingthatcash
compensationonitsownmaynotbe
adequate
No particular provision providing for livelihood
Restoration for displaced person
Bank requirement will be met
during
RAP implementation
World bank OP. 4.12
adopted, project will
give business
communities alternative
routes for access during
project implementation
and any other
information that will
enable the business
communities restore
their livelihoods
Issue World Bank Requirement Ugandan Law Provision or
requirement
Potential Gaps and proposed
measures to bridge them
Principle adopted for
RAP and Valuation
Additional assistance
to
Displaced persons
Assistance and support during
move/transition
Period should be provided
Displaced persons should be
assisted to reduce the social and
economic impact of displacement
No specific provision in the law for
additional assistance, although there
are examples where state and non-
state agencies have provided such
assistance
Bank requirement will be met during
RAP implementation
World Bank will be adopted
as support is given to the
PAPs in form of livelihood
restoration and financial
literacy training
Identification of
vulnerable groups.
Specific assistance
to these groups
during resettlement
Requirement to involve vulnerable
groups in the
Identification of strategies and
actions for specific assistance
during resettlement
Land rights of vulnerable groups
established in
The law but no provision for specific
assistance to these groups during
resettlement
Bank requirement has been met during
socio-economic census carried out to
review the RAP..Interventions carried out
during RAP implementation will further fulfill
this requirement
World Bank OP 4.12,
project will give business
vulnerable communities
support in form of
information and training
Grievance
management
And redress
Procedures for grievance redress
should be defined
In resettlement action plans.
Displaced persons should be
informed clearly about their rights
and about the procedures.
Constitution provides for complaints
and appeals for many kinds of
grievances.
Projects such as Kampala Northern By
Pass, have had specific procedures for
redress adapted by government
agencies, applied specifically to those
projects
Procedure for grievance redress
Proposed in this document meets Bank
requirements .Procedures will be monitored
during RAP implementation ,with a view to
refining them to increase effectiveness in
ensuring displaced persons are satisfied
that grievances are dealt with quickly and
fairly.
World Bank will be adopted
and project affected persons
will be informed of the
mechanisms and requested
to appoint their
representatives to the
committees at division level.
43
Monitoring of
resettlement
activities
Institutional mechanisms for
monitoring and evaluation of the
implementation of the RAPs
should be defined in RAP.
The borrower should continue
monitoring and impact
assessment for a reasonable
period after all resettlement and
development activities have been
completed
No specific provisions Monitoring framework proposed in this
document meets Bank requirements.
World Bank will be adopted
and framework proposed to
feed into the general
monitoring and evaluation
framework for KIIDP
44
6 ELIGIBILITY
6.1 Criteria for Identifying Project Affected Persons
All persons with land/ or crops/ structures and any other developments in the project affected area are eligible for compensation. Further the World Bank Involuntary Resettlement Policy, OP 4.12 provides: “that any person whose property is affected by public projects shall be entitled to compensation”. Categories of stakeholders that are eligible for compensation are elaborated below as based on the Land Act1998 and the World Bank OP4.12:
Registered land owners with either leasehold or private mailo land titles.
Bonafide occupants—persons sitting on registered land, having been settled by government or its agents and those having settled on the land twelve years or more before 1995 (the date of the Constitution) without interference by the registered owner (also recognized as having interest on that land).
Lawful occupants –persons who came onto the registered land with the permission of the registered owner (according to the Ugandan law).
Licensees- these granted by land owner to carryout activities on the land (kiosks, growing seasonal crops).
Squatters -those using the land without the permission of the land owner, regardless of duration of stay, and have no legal nor traditionally recognized claim to the land.
6.2 Cut-Off Date
Community members were informed that the day the property census was completed would be regarded as the cut-off date. The date when the property census was completed was communicated during the community sensitization. The date when the census was completed is 17th July 2014, which is the cut-off date for this resettlement action plan. More notifications regarding this date will be made during the sensitization of project affected persons, prior to verification and disclosure.
6.2.1 Triggered Impacts
The Entitlement Matrix is based on displacement impacts anticipated from the implementation of KIIDP activities and will be the basis for compensation and restoration of livelihoods of project affected people. Displacement impacts are anticipated to be occasioned by activities that include but may not be limited to the following:-
Partial demolition of structures to expand / realign road reserves and drainage systems.
Displacement of open and mobile shops (kiosks) to expand / realign road reserves, provide drainage channels, and other road elements.
Displacement of settlements to reclaim public utility land required for projects in components two and three.
Removal of structures to create room for trunk infrastructure envisaged for components two and three.
6.2.2 Entitlement Matrix
45
Table 6-1 shows the entitlement matrix.
Table 6-1: Entitlement Matrix
Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits
Urban agricultural
land
Cash compensation for
affected land equivalent to
market value
Farmer/ title holder Cash (monetary) compensation (at
replacement cost) for affected land
based on government rates
(equivalent to replacement value)
Commercial Land Land used for business
partially affected
Limited loss
Title holder/ business
owner
Cash compensation (at replacement
cost) for affected land equivalent to
market value
Business owner is lease
holder
Opportunity cost compensation (at
replacement cost) equivalent to 10%
of net annual income based on tax
records for previous year (or tax
records from comparable business, or
estimates where such records do not
exist)
Assets used for
business severely affected
If partially affected, the
remaining assets become
insufficient for business
purposes
Title holder/business
owner
Land for land replacement or
compensation in cash (at replacement
cost) equivalent to market value
according to PAP‘s choice. Land for
land replacement will be provided in
terms of a new parcel of land of
equivalent size and market potential
with a secured tenure status at an
available location which is acceptable
to the PAP.
Transfer of the land to the PAP shall
be free of taxes, registration, and other
costs.
Relocation assistance (costs of
shifting + allowance)
Business person is
lease holder
Opportunity cost compensation
equivalent to 2 months net income
based on tax records for previous year
(or tax records from comparable
business, or estimates), or the
relocation allowance, whichever is
higher.
Relocation assistance (costs of
shifting)
Assistance in rental/ lease of
alternative land/ property (for a
maximum of 6 months) to reestablish
the business.
In the event that there are no tax
records, the lease holder has 70% of
46
Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits
the compensation package while the
leasor has 30% of the compensation
package
Residential Land Land used for residence
partially affected, limited
loss
Title holder Cash compensation (at replacement
cost) equivalent to market value for
affected land
Rental/lease holder Cash compensation equivalent to 10%
of lease/ rental fee for the remaining
period of rental/ lease agreement
(written or verbal)
Title holder Land for land replacement or
compensation in cash (at replacement
cost) equivalent to market value
according to PAP‘s choice.
Land for land replacement shall be of
minimum plot of acceptable size under
the zoning law/ s or a plot of equivalent
size, whichever is larger, in either the
community or a nearby resettlement
area with adequate physical and social
infrastructure systems as well as
secured tenure status.
When the affected holding is larger
than the relocation plot, cash
compensation to cover the difference
in value.
Transfer of the land to the PAP shall
be free of taxes, registration, and other
costs.
Relocation assistance (costs of
shifting + allowance)
Land and assets used for
residence severely affected
Remaining area insufficient
for continued use or becomes
smaller than minimally
accepted under zoning laws
Rental/lease holder Refund of any lease/ rental fees paid
for time use after date of removal.
Cash compensation equivalent to 3
months of lease/ rental fee
Assistance in rental/ lease of
alternative land/ property
Relocation assistance (costs of
shifting + allowance)
Buildings and
structures
Structures are partially
affected
Remaining structures viable
for continued use
Owner Cash compensation (at replacement
cost) equivalent to market value for
affected building and other fixed
assets
In terms of physical relocation, an
administration block belonging to
Makerere College School will be
demolished and a more functional
structure will be constructed for the
school. During negotiations with
Makerere University (the land owner
and Makerere College School, KCCA
proposed to replace the administration
block with a new storied administration
block, which provides an even better
47
Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits
learning environment, which was
agreeable to Makerere College
School. A report to that effect will be
presented to the CGV for and a plan
for the new administration block will be
submitted to KCCA Planning Unit
respectively for approvals by January
18, 2016. KCCA commits to initiate
construction of the block within
Makerere College School compound
by March 2016.
Rental/lease holder Cash compensation for affected
assets (verifiable improvements to the
property by the tenant).
Disturbance compensation equivalent
to two months rental costs
Entire structures are affected
or partially affected
Remaining structures not
suitable for continued use
Owner Cash compensation (at replacement
cost) for entire structure and other
fixed assets without depreciation, or
alternative structure of equal or better
size and quality in an available location
which is acceptable to the PAP. Cash
compensation should take into
account the market values and
importance of a replacement value of
all property.
Right to salvage materials without
deduction from compensation.
Relocation assistance (costs of
shifting + allowance)
Rehabilitation assistance if required
(assistance with job placement, skills
training)
Temporary
Acquisition
Temporary acquisition PAP Cash compensation (at replacement
cost) equivalent to market value for
any assets affected (e.g. boundary
wall demolished, trees removed)
Road side
businesses
Temporary displacement Business owners Provision of locations for temporary
location (e.g. for boda boda stages
and road side markets. No cash
compensation is allowed for as
alternatives close to the existing
stages will be provided
Utility companies Damage to underground
facilities and interruption of
service
Utility companies Compensation for repair of damaged
infrastructure and restoration of
service at full replacement cost for
relocation of utilities is provided for in
the construction budget.
48
7 VALUATION AND COMPESATION FOR LOSSES
7.1 Extent of Compensation by Law
Section 77 of the Land Act gives valuation principles for compensation; i.e. crops are compensated at rates set by the District Land Boards; the basis of compensation for land is open market value. The value of buildings is to be taken at open market value for urban areas and depreciated replacement cost in the rural areas. In addition, a 15% or 30% disturbance allowance must be paid if six months or less notice is given to the owner. The Land Act gives powers to District Land Tribunals to determine any dispute relating to the amount of compensation to be paid for land acquired compulsorily.
7.2 Key Principles
Compensation will be fully provided before land can be entered for civil works or demolition. Compensation shall aim to enable the PAPs to restore their pre-project incomes and standard of living by the end of the project. In addition, KCCA will avoid or minimize Land Acquisition Resettlement by utilizing land that is least inhabited.
PAPs will be entitled to be compensated at full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation. PAPs shall be informed of available compensation options for them to make own choice or preferences.
Lack of formal property ownership documents or title deed or use agreement will not bar PAPs from entitlements or assistance. Additionally, compensation will be made giving equal consideration to women and men without discrimination. However, wherever necessary, special attention shall be given to households headed by women and other vulnerable persons to ensure that their living standards are not worse off than pre-project conditions.
PAPs will be advised about benefits of replacement of physical assets and risk inherent in cash payments. For example unless the affected person has attended the financial literacy and livelihoods training they will not get their compensation packages in order to avoid the risk of squandering compensation payments.
7.3 Basis for Valuation
Assessment and Computations were based on market value for the land and permanent structures in accordance with Section 77(1) (a) of the Land Act; as supplemented to meet requirements of OP 4.12 to ensure compensation at replacement cost without depreciation. The established Kampala District Compensation rates for 2013/14 (Appendix 3) were used for the temporary and semi-permanent structures and crops.
Compensation payable for crops was computed using the KCCA Compensation Rates 2013/14 in line with Section 9 and 77 of the Land Act. Enumeration of crops
49
was done mainly by head count. However, enumeration by area coverage was also used where appropriate.
A notice of at least six (6) months will be served to the affected persons to vacate the project corridor for Bakuli - Nakulabye – Kasubi and Makerere Hill Roads. Therefore, a statutory disturbance allowance of 15% is allowed for. The case of Kira road, Mambule Road and Bwaise junctions is different since the project affected persons will be required to vacate within 3 months and a disturbance allowance of 30% of the total sum assessed was awarded in accordance with Section 77(2) of the Land Act. 7.4 Rates Applied
For crops, updated district compensation rates for Kampala were applied. The guidelines for valuation of structures are shown in the table 7- 1 below.
Table 7-1: Guidelines for Valuation Assets Basis of Compensation under Ugandan Law
Land Valuation based on market rate of unimproved land
plus a disturbance allowance
Permanent House Valuation on case-by-case basing on materials and at
Replacement cost plus a 30% disturbance allowance
Non-Permanent House Valuation based on approved Kampala district
rates, the type of material, and condition taken
into account plus a 30% disturbance allowance
Other Structures (Graves, toilets,
plate Racks, etc.)
Valuation based on full replacement cost plus a 30%
disturbance allowance. No graves were identified during
the property census
Crops/Trees Valuation based on the approved official Kampala
district rates
rates????countplusa30%disturbanceallowance Note: No graves were identified during the property census.
7.5 Compensation Packages
The compensation and resettlement packages based on the findings will be
composed of the following;
Value of land; Value of structures and crops Loss of income is not considered for the assessment because incomes can be disrupted if one is not prepared for the project; most community members were informed in advance of the project and given alternatives in case the project disrupts their income sources. 7.6 Valuation Certificate
Four roads have been assessed; the total number of Project Affected Persons is 192 (One Hundred Ninety Two) and the total compensation award is Ugx. Shs17, 646, 607,598/= (Seventeen Billion, Six Hundred Forty Six Million, Six Hundred Seven Thousand, Five Hundred Ninety Eight) as shown in the Table 7-2 below;
50
Table 7-2: Compensation award on the different project Roads
Roads Number
of
PAPs
Total Land Value
(UGX)
Value of Improvements
(UGX)
Value of Crops &
Trees (UGX)
Sub-Total
(UGX)
30 % Disturbance
Allowance (UGX)
Total Compensation
Value (UGX)
Hoima
Rd 111 4,764,126,324 2,946,443,200 4,418,900 7,714,988,424 1,157,248,264 8,872,236,687
Makerere Hill Rd
48 5,064,950,000 445,387,110 808,500 5,511,145,610 826,671,841 6,337,817,451
Mambule Rd
26 673,789,092 418,954,000 0 1,092,743,092 327,822,928 1,420,566,020
Kiira Rd 7 744,900,000 36,310,000 318,800 781,528,800 234,458,640 1,015,987,440
Total 192 11,247,765,415 3,847,094,310 5,546,200 15,100,405,925 2,546,201,673 17,646,607,598
51
8 RESETTLEMENT AND COMPENSATION MEASURES In line with KCCA’s Resettlement Policy Framework, the implementation of this RAP will be done by the social development team in KCCA. Lessons from the KIIDP1 RAP implementation that are critical for the successful implementation of a resettlement action plan include the following;
The need for specific staff within KCCA at authority and division level to handle resettlement action plan process equipped with tools and methods for the verification process, grievance management and community sensitization;
The need for a structured method for verification and disclosure of compensation packages to Project Affected Persons
The need for updated databases to support the RAP implementation process
Particular attention given to notifications so as to ensure that all project affected persons and the public have adequate information that would enable them participate in the implementation process.
8.1 RAP Disclosure
In line with the proposals made in the World Bank OP. 4.12 regarding participation of PAPs there is need to ensure that they are meaningfully consulted and should have an opportunity to participate in the planning and implementation of the resettlement action plan. The disclosure of this resettlement action plan will be at two levels:
National level where the general public will be informed about the intention of KCCA to acquire land for the batch 1 roads under the KIIDP II project by requesting for their input into the resettlement action plan. This will be done through the print media and digital platforms of the World Bank and KCCA.
Community level disclosure will be done through sensitization meetings; informing the project affected persons the methodologies used for valuation, cut-off dates, planned verification and disclosure, and grievance management. It is through these meetings that they will elect their representatives to the several committees that will be involved in the implementation process.
8.2 Capacity Building
A social development team is already constituted however they need to be equipped with tools and methods to implement the RAP. The tools that will be used in the implementation include the following:
The RAP database including bio-data, valuation information and survey information to facilitate the verification process
Grievance tracking system to ensure that all cases that arise are addressed within the agreed time of 30 days from the day the grievance was made
Payment forms and consent forms
Grievance Log form A process flow chart for resettlement and compensation measures is shown in the figure below.
52
Figure 8-1Process Flow Diagram for RAP Implementation
RAP DISCLOSURE TO THE
GENERAL PUBLIC
VERIFICATION OF PAPS AND RELEVANT
DOCUMENTATION
PROVISION OF BANK DETAILS AND CONSENT
FORMS
DISPLAY OF STRIP MAPS AT
DIVISION LEVEL
EQUIIPING OF SOCIAL
DEVELOPMENT TEAM
UPDATING OF RAP DATA BASE
AND DEVELOPING OF
GRIEVANCE TRACKING SYSTEM
EQUIIPING OF GRIEVANCE
MANAGEMENT TEAMS
SENSITISATION AND LIVELIHOODS AND
FINANCIAL LITERACY
TRAINING FOR PAPS
AUTHORITY LEVEL GRIEVANCE
PROCEDURES
DIVISIONAL LEVEL GRIEVANCE
PROCEDURES
COURTS OF LAW
CLOSURE
ACQIUISITION OF
CORRIDORS
HANDOVER TO
CONTRACTOR
FOLLOW UP ON AGREED PLANS DURING
TRAINING
PAYMENT
53
8.3 Financial Literacy and Livelihoods Training
The overall aim of the training is to support project affected persons receiving compensation money so that they can use it responsibly thereby restoring their livelihoods. The specific objectives are to provide both theoretical and practical support to project affected persons including the following:
a. To provide project affected person tailored financial training for project affected persons including record keeping, savings and credit management;
b. To provide an insight of the different business opportunities that project affected persons can venture into on receipt of their compensation packages;
c. To provide support in the business options that the project persons chose to engage in including developing of business plans; and
d. To introduce to PAPs the importance of joint financial planning at household level (addressing investment needs of men, women and children) thereby promoting gender equity in utilization of compensation money.
Individual training modules will cover an array of topics related to the objectives and will prepare training programme participants to recognize and implement good practice in this area, design effective livelihood strategies (including livelihood diversification, equipment purchases, financial and gender training). In addition, PAPs will be supported in making informed investment decisions including creating awareness on different banking options, enterprise selection, business skills and opportunities amongst others. The Social Development team will follow up on the agreed actions by the PAPs.
8.4 Verification and Disclosure
All PAPs identified in the census will be informed through the announcements and information flow from their technical and political leadership. Consultation and information will not be limited to clearly identified owners or users of land to be compensated. KCCA and the local council leaders of the respective communities where the land is located will be solicited to help in the final verification of owners or users in order to sensitize them on the project and its implications. The following will be undertaken:
Notification will be given to all project affected persons and the general public on different timetable for sensitization, training and verification;
The display of strip maps and project affected persons will be at the respective divisions. This reduces the transaction costs relating accessing information and promotes more accountability and transparency especially when it comes to verifying who the actual PAP is.
Grievance management committees will be at two levels, one at division level, and the next at authority level. The RAP focal person will coordinate all the activities of the grievance management including reporting.
8.5 Payment Procedure
According to guidelines of Government of Uganda, compensation should only be paid in cash if the amount is less than UGX 200,000/= otherwise payments should be made through bank accounts of beneficiaries. At the time of verification, PAPs will be asked to provide bank account details where their compensation money will be
54
transferred. For those who do not have accounts, information will be given on the different banking options and the benefits of each during the financial l iteracy and livelihoods training. The payment procedure will be as follows:
a. By agreement between the KCCA and the PAPs or entities (individuals /households /communities: - The KCCA will offer compensation in cash complying with the entitlement
matrix at full replacement cost to the entity who may accept that amount as compensation payable to him and /or her and;
- Such sums will be disbursed directly to the beneficiary entity/entities with the relevant records of payments consigned to the RAPs and the records of the appropriate local government authority (District Land Boards).
b. By court order on the amount of compensation where this has been the subject of litigation between the KCCA and the Affected Entity/entities.
Each person who receives compensation will sign a compensation payment certificate clearly showing different compensation amounts for land taken, land developments (crops, trees, structures) as well as the disturbance allowance. Beneficiaries shall also sign titled or untitled land transfer forms. For purposes of transparency, the signatory parties shall include;
The Compensation Recipient/Claimant;
KCCA Compensation Committee Representative at Division Level;
The LC1 Chairperson;
The KCCA RAP Focal Person.
8.6 Role of the Chief Government Valuer
The application of the valuation exercise on ground was done in the presence of at least one local council leader with the participation of the affected persons. In the event that that values assigned are contested, the PAP can explore different avenues for grievance management beginning with the division then the authority. If the case goes to court, then the Chief Government Valuer may be called upon to defend the methodology used in assessment.
8.7 Vulnerable Persons
In preparation of this plan, vulnerable persons were defined as follows:
spouses that do not have the power to make decisions relating to the compensation money (consent forms to be signed by both spouses and livelihood training is targeting both spouses with the aim of promoting joint planning)
Business owners that may take time to reconstruct their businesses especially due to new location of business (livelihood training will also look at other business opportunities within the project area so that business owners are empowered to invest wisely, any amount of money if sustainably utilized can provide lasting benefits to an individual. This will also enable KCCA create ownership for the project and limit construction delays.)
For those property owners who are indirectly affected, a budget has been included for any severance.
55
Note: Given that most of the properties affected are within the urban setting, project affected persons mainly business owners and institutions being affected rather than house households.
56
9 COMMUNITY PARTICIPATION
9.1 Stakeholder Identification
During the identification of stakeholders, the Consultant aimed at all those people who were likely to have an interest or influence or who would most probably be involved in the process of the development of the project. Stakeholders that were identified included the following:
KCCA the developer
Division staff
The general public
Project Affected Persons
UNRA
NWSC
Telecom Companies
Community Based Groups (Market Vender Associations)
Ministry of Lands, Housing and Urban Development
Ministry of Gender Labor and Social Development
Public participation process started way back in 2013 and it has continued up to-date
9.2 Public Participation Process
During this process mobilization of communities was carried out together with the local authorities at local councils as well as sub-county level as shown in Figure 9-1. Programs for the community meetings were agreed with the KCCA KIIDP Committee who were given the opportunity to highlight sensitive aspects to guard against at the time when the surveys were on going.
Figure 9-1: Sensitization meetings held during public consultation.
9.3 Community Consultations
All community meetings were held in the local language (Luganda) which is understood by everyone in attendance. The RAP team outlined to the community the procedures on how they will participate and get involved in the proposed project,
57
since it is from the study that compensation and other issues will be addressed. They were informed that at each stage of the project, the community would be informed through their Local Council leaders. Although no materials were disseminated to project affected persons, the KCCA RAP and the consultant was available to make any clarifications that arose from the project affected persons. Issues raised during consultation are reflected in Table 9-1.
Table 9-1: Summary of issues raised during community meetings
Subject Issue Raised Action to be taken
Demolition of affected
structures
In almost all the meetings, PAPs
expressed fear that their properties will
be demolished before they are paid
their compensation packages.
Sensitization of project affected
persons to inform them on
important dates and expected
outputs, key of those are Cut off
dates, payment dates and
procedures and days for training
in gender and livelihood
restoration
Water sources Some PAPs expressed fear that the
road contractor will destroy water
sources such as water pipes along the
road that serve the communities.
No community water
infrastructure will be physically
relocated, apart from the utility
lines like National Water and
Sewerage Corporation but these
are handled under relocation and
engagements with the company
are already ongoing
Forceful eviction Majority of the PAPs are worried that
government will forcefully evict them
without compensation for their affected
properties such as land, structures and
trees.
This resettlement action plan has
been developed to address this
concern, and at the level of
verification and disclosure, these
fears will be addressed
Job opportunities The PAPs requested that both the
developer (Government) and contractor
should ensure that local people are
given priority to work.
Quality of the work In almost all the meetings, the PAPs
emphasized that government should
employ a competent contractor to
upgrade the roads and junctions.
Procurement and Project
Management KIIDP to handle
Accidents It was also suggested that in busy
trading centers humps, and road signs
should be installed to minimize over
speeding thereby reducing accidents
Design issues
Corruption PAPs expressed fear that some
government employees will extort
money from them and as a result they
demanded for transparency during
compensation exercise.
All activities regarding
compensation will be
communicated to PAPs with
clear roles and responsibilities of
committees and a grievance
handling mechanism has been
set up for any grievances that
may arise
58
Enough time for
relocation
PAPS requested government to give
them adequate time to enable those
whose properties are affected to
relocate.
The document provides for 3
months’ and 6 months’ notice as
per legal provisions, these will be
further articulated in the
sensitization exercise
Adequate compensation The project affected people asked that
government pay them adequately so as
to enable them to replace their assets.
The valuation of properties and
land is based on full replacement
cost which is interpreted as being
adequate
Commercial Buildings
Demolition
The business community feared it will
take them time to construct new
buildings for their business, hence
losing their customers yet getting new
customers is not easy. They also feared
that the Contractor might start work
before they are compensated.
Commercial building owners feared
under valuation of their properties
making it difficult for them to put up
similar structures because of the rising
cost of building materials
This implies that this category of
people will lose income over a
period of time, they may require
support regarding livelihood
restoration
Delayed Payments That compensation payment might
delay making it impossible for them to
resettle in time. If KCCA paying agents
are involved, they will pay in
installments after long periods of time
and in most cases don’t pay the last
installment
To be handled by project
management and finance, though
this is not expected, most
payments will be through banks
and not by agents done
physically
9.4 Salient Issues raised and actions
Issues that should be considered during implementation that came out of the
consultation include the following:
Fear of injustice: Consultations revealed that project affected persons fear that they will be forcefully evicted without fair compensation and no mechanism for grievance management. In order to address this fear: the following actions are planned:
o Equipping staff at division and authority levels with skills and knowledge on the resettlement implementation process, legal and institutional aspects so that they are empowered to make informed decisions during the implementation process
o Notifications for different aspects are key to ensure that communities are aware of the plans and the related schedules. Important is the cutoff date, PAPs have to be reminded of this important date and also dates for sensitization and training to ensure active participation. A 3 months implementation plan is already prepared
o Community sensitization and awareness on the processes and roles of different stakeholders especially at division provides frontline access to KCCA staff in case any issues arise that requires
59
immediate attention.
Low Community Participation: Consultations further suggested that communities perceive the development as a Government Project; however, based on the principles and guidelines for preparation of this RAP, community participation has been underscored.
o Training in grievance management will include and local leaders who represent the community members as well as the representative of the PAPS.
o Representation on the verification committee will further enhance community participation and ownership.
Quality of Works: The project is expected to ease the traffic congestion in Kampala. The communities emphasized the need to have the contractor produce quality work. These are addressed in project management and procurement.
Gender Issues: Engaging both spouses who own the property and discuss the terms of sharing the profits. And these discussions were rather successful because they both agreed to sign the compensation payment forms and also agreed that none of them will indulge in any negotiations with KCCA without the consent of the other.
9.5 Communication Plan
The World Bank and Government of Uganda guidelines require the people likely to be affected by a development project to be consulted so that their views and fears are incorporated in planning. Community perspectives are important for project planning and implementation. Therefore, during the RAP preparation and implementation processes, consultations are to be conducted with relevant stakeholders and participation be promoted, including potential beneficiaries, affected groups, This consultation and public participation will be an on-going process and this will be expected to continue in all stages. Provision of information will include alternative routes for businesses and road users, alternative location for businesses and other measures for mitigating impacts relating to noise, flooding and dust. Noting that some of the impacts cut across the environmental and social management plan, a team including the RAP team and ESIA team will be constituted in order to give the communities a consolidated message on restorative and mitigation measures for the general public. In addition to the sensitization, posters and brochures will be used to provide information on frequently asked questions on social development aspects. Radio announcements and announcements in the print media will be used to notify the public of the commencement of works and any issue that may arise. This will ensure that all affected individuals and households are well informed and adequately involved in the entire compensation and resettlement process. Details of the communication plan are shown in the table below.
60
Table 9-2: Communication Plan for Batch 1 Roads
Dates Type of Communication
Message Medium Audience Duration Frequency Deliverable
RAP Disclosure Number of PAPs, Budget and Process for RAP Implementation
Print and KCCA website and World Bank Infoshop
General Public 30 days Once Comments on the RAP Report
Project Issues to the Public
Disclosure to the general public, guidance on what to do, feedback on processes, materials at the division
General sensitization meetings, Announcements, brochures and poster
General Public Throughout the project phase
Continuous Stakeholder engagement report
Capacity Building Activities
Dates for different staff
Intranet Social Development Team and Directors and division staff
1 day Once Capacity Building Report
Grievance Management Committee training
Introduction to methods, protocols and databases for grievance management
Announcements and invitation letters
Division staff (community development officer and environment) Mayor, Town Clerk, representative of the PAPs
2 days Once Grievance management tools and databases
Engagements with Communities
Notification on dates and locations of engagement activities with project affected persons
Radio and Television Announcements
General Public in particular the project Affected Persons
10 days Twice a day on 2 radio stations and once a day on 2 television stations
announcements
61
Sensitization and training
Verification Methodology, Grievance Management procedures and training
Meeting at the Division
Project Affected Persons
12 days 2 days per road apart from Hoima Road which has many PAPS
Sensitization and Training Reports
Grievance Issues Log Discussing Issues related to the Verification Exercise
Meeting at the Division
Grievance Management Committees
1 day Weekly Grievance Management Report
Verification and Disclosure
Notification Radio and Television Announcements
Project Affected Persons and the Public
14 days per road
Twice a day on 2 radio stations and once a day on 2 television stations
Announcements
Utilities Relocation and Compensation Issues
Meeting Engineering Team, Social Development Tea
30 minutes As the need arises
Minutes of meetings
Progress on different project aspects
Issues arising from grievance management, verification and disclosure
Meeting Social Development Team, KIIDP Project management team,
1 hour Weekly Issues report
62
10 GRIEVANCE PROCEDURES 10.1 Background
During the implementation of the project activities it is possible that disputes/disagreements between the project developer and the affected persons will occur especially in terms of compensation, boundaries, ownership of crops or land or use of land/properties. Therefore, a grievance management system has been set up with resources allocated to implementing the system.
10.2 Lessons Learnt from KIIDP I
Related to grievance management in KIIDP 1, a number of observations were made in relation to management of grievances including the following:
General lack of capacity in grievance management meant that there was no specific committee or personnel to log coordinate and communicate to project affected persons the process and outcome of grievance investigations. Training at the authority and division levels on the process and tools will be undertaken prior to the verification exercise.
Furthermore, there was no process instituted guided by the existing regulatory framework which meant that there were delays in addressing the grievances logged and in some cases, grievances were overtaken by time. During the sensitization, these procedures will be communicated to the PAPs so that they are aware of the procedures in the event that these arise;
In terms of records keeping, there was no database for documenting these grievances and in most cases no paper trail; a grievance log has been prepared by the Social Development Team to handle this gap.
10.3 Grievance Management Structures
Based on the KCCA resettlement policy framework and the identified gaps, committees to handle grievance are shown in the table below.
Table 10-1: Grievance Redress Mechanism committee
Entity Department Responsible person
KCCA (Headquarters) Head, Directorate of
Engineering and Technical
Services
Director
Directorate of Public health
services and Environment
Director
Directorate Of Gender And
Community Services
Director
Directorate of Physical
Planning
Director
Division Public Health &
Environment
Environmental Officer (of
Respective division
Gender & Community
Welfare
Community Development
Officer, CDO
Local Council Division Mayor Local Council
Representative of PAPs
from each division
To be elected by PAPs Representative of PAPs
from each division
63
10.4 Salient features
The Land Act, Cap 227 states that land tribunals must be established at district level. It empowers the District Land Tribunals to determine disputes relating to amount of compensation to be paid for land acquired compulsorily. However, the KCCA proposes a project based grievance management mechanism following a four step process coordinated by the RAP focal person.
Important Dates: The Land Acquisition Act allows for any person to appeal to the
High Court within 60 days of the award being made. All land disputes must be processed by the tribunals, before the case can be taken to the ordinary courts. The act also states that traditional authority mediators must retain their jurisdiction to deal with, and settle, land disputes. In the grievance management system it is proposed that a grievance should be closed within 30 days from the day it was lodged which implies that the system should be effective enough in meeting the demands of the complainants.
Accessibility: The front line staff who will be involved in grievance management at division level are the community development officer and the environment officer. This is in line with World Bank’s OP.4.12 which requires that appropriate and accessible grievance mechanisms are established to resolve disputes in connection with resettlement and compensation.
These mostly arise when households consider compensation package for their assets to be insufficient, especially when PAPs doubt whether valuation values do indeed provide replacement value or if PAPs misunderstood the compensation process and believe they are entitled to additional compensation.
10.5 Proposed Mechanism for Grievance Appeal
This is an informal mechanism (but formalized project mechanism) that will be applied to reach a resolution whenever contradictions and disagreements occur. It will include written appeal to the division level grievance management structure. Grievances will be resolved at the division level in 4-step process as outlined below:
Step 1: Any aggrieved party will lodge their complaint with either the
Community Development Officer or Environmental Officer at the Division Office. Nature of complaint will range from project related to RAP related complaints. The grievance log has been designed such that besides capturing the general complaint and detail of the aggrieved party, it will also record the core cause of the complaint to enable the Grievance Committee understand origin and patterns of complaints so that a solution can be found for their cause and avoid recurrence. For ease of tracking the complaint, it will be entered into the database (at division level, staff can enter the information into the database but cannot make changes to it. The changes can be made by the RAP Focal tea.
64
Step 2: A meeting will then be called to discuss the grievance with the complainant and any other part if redress can be made by the CDO or Division Environment Officer (DEO), the complaint will be closed at that stage and upon satisfaction, the complainant will sign against their grievance to indicate closure.
Step 3: When the complainant is dissatisfied with findings at division level, the
claimant can be directed to the next level with the help of RAP focal team. This complaint should be addressed within two weeks of receipt. Step 4: If agreement is secured in Step 3, the aggrieved party will sign a
closure statement but if not, they are entitled to seek redress in courts of law.
10.6 Grievance Management Tracking
A grievance tracking system is being developed at KCCA and it will have the following themes
;Bio-data of aggrieved person
Grievance in narrative
Action at Division Level
Action at Authority level
Dates (lodging the complaint, date when the division committee met, dates when the grievance was resolved etc.)
The tracking of the progress will be limited to few persons to maintain the integrity of the data. Coordination of the grievance tracking system will fall under the responsibility of the RAP focal team. The roles and responsibilities of the RAP focal team will include: -
To coordinate the work of the Grievance Committee, including calling and chairing scheduled meetings
provide advice and assistance to such persons
monitor progress of grievances
inform Members of outcome of vote on whether or not to proceed to grievance
act as primary Association contact with lawyers and liaise with legal counsel regarding ongoing grievance issues
Report on all disputes and grievances received resolved, differed, not resolved, and referred to other departments. The report will also mention channels of receiving the complaints. It will also report on the effectiveness and efficiency of the system.
Meetings held at division and authority level and cases discussed and resolved/not resolved at both levels
The effectiveness of the GRM will be evaluated during the periodical performance reporting and as part of the post RAP evaluations. Assessments that will be made include:
Number of complaints:
Grievance issues by type and how they were resolved:
Total received, total justified,
Total resolved at various levels including the type of agreement reached,
65
Total referred to other departments/institutions, legal system/courts of law, including clarification on who initiated (local leaders, PAP or KCCA) the referral and subject matter.
Time taken to have the complaints disposed off – efficiency of the system
66
11 ORGANISATIONAL RESPONSIBILITY
The institutional arrangement for program implementation will be as per the Government of Uganda structure and consistent with existing legal provisions. Institutions that will be directly involved in the KIIDP II RAP include, Kampala Capital City Authority (KCCA) and its related directorates. The Directorate of Gender Community Services and Production will coordinate the whole RAP process. They will be supported by Ministry of Lands Housing and Urban Development particularly the Chief Government Valuer’s office.
11.1 Kampala Capital City Authority (KCCA)
KCCA are constitutionally mandated to acquire privately owned land in public interest and to ensure that fair and adequate compensation is paid to the affected persons. Article 26(2) of the constitution provides that ―No person shall be compulsorily deprived of property or any interest in or any right over property of any description except where the following conditions are satisfied.
a) The taking of possession or acquisition is necessary for public use or in the interest of defense, public safety, public order, public morality or public health and b) The compulsory taking of possession or acquisition of property is made
under a law which makes provision for:
i. Prompt payment of fair and adequate compensation, prior to the taking or
acquisition of the property and
ii. A right of access to a court of law by any person who has an interest or right
over the property
Article 237(2) (a) further notes that ―the Government or a local government may subject to article 26 of this constitution, acquire land in the public interest, and the conditions governing such acquisition shall be as prescribed by the parliament. Section 42 of the Land Act also notes that ―the Government or a local government may acquire land in accordance with articles 26 and 237(2) of the constitution.
11.1.1 Directorate of Gender Community Services and
Production
The Directorate of Gender Community Services and Production of KCCA is responsible for community mobilization and sensitization to empower communities to participate in the city’s development programs. All resettlement issues that will require engagement with the affected population can best be carried out by staff in this directorate, because their mandate is closely related, and they are knowledgeable about the city’s community structures from their day today work.
The implementation of this resettlement action plan is directly under the Directorate of Gender and Community Services where a social development team has been constituted to handle all issues addressed in this plan. They will work with the division staff for ease of mobilsation and access for the PAPs. The social development team will support the Project Coordinator at KIIDP to manage any risks that may arise out of the resettlement.
67
The social development team includes the following staff: Surveyor, Social-Development Specialist, RAP focal person, an Environmental Officer and Communi ty Development Off icer at div ision level , Database Officer, and Valuer; these will be supported by other personnel from other directorates including Legal Affairs and Engineering and Technical Services. KCCA Resettlement Team will be responsible for:
Overseeing the implementation of the RAP;
Overseeing the formation of the RAP committee(PC) for verification purposes;
Facilitating maximum participation and consultation of the affected people in the planning of their own resettlement and post resettlement circumstances including stakeholder and community engagement training of community based committees so that they are able to handle their roles and responsibilities including the grievance management and verification
Facilitating project stakeholder feedback/satisfactory surveys and reports on RAP and overall social issues handling
Drawing and operationalizing a citizen’s engagement plan/communication plan for the project
Overseeing the verification and disclosure exercise
Facilitating the payment of project affected persons
Establishing and coordinating the implementation of an effective GRM
Ensuring monitoring and evaluation of the PAPs and the undertaking of appropriate remedial action to deal with grievances to ensure that income restoration is satisfactorily implemented
Ensuring initial baseline data is collected for the purpose of monitoring and evaluation report as per the indicators provided by the RAP and
Drawing and implementing a social safeguards implementation plan and monitoring including report on implementation performance of the social issues including land acquisition resettlement and relocation
11.2 Ministry of Lands Housing and Urban Development
There are Ministry of Lands, Housing and Urban Development staff that will support the team in the acquisition of the corridor. Already there is a representative from the same office attached to KIIDP to facilitate the approval of the valuation report. .
68
12 IMPLEMENTATION SCHEDULE
The duration for implementation of the RAP for the batch 1 roads is 3 months; the schedule is shown in the table below.
Table 12-1: RAP Implementation Schedule
Apr-15 May-15 Jun-15 Jul-15 Remarks/Action
RAP Aspect
Obtaining approvals from the Chief Government Valuer
Site Visits with Representative from the office of the CGV already undertaken
RAP Disclosure
Updating RAP database in order to identify gaps and also consider developing database for grievance handling
Social Development and Team and Database team
Integrating RAP monitoring and evaluation framework into general KCCA monitoring framework
Social development team and monitoring and evaluation, objective is to refine indicators in the Resettlement Action Plan
69
Preparation of Training Materials and Schedule for all training activities at division and authority level
Social Development Team
Invitations sent out for capacity Building for RAP implementation team (ivision staff and local leadership, ward administrators). A timetable will be allocated resources and time lines
Procuring a consultant to undertake livelihood restoration to include financial literacy, diversification of income sources, record keeping etc.
Action: identification and procurement of a facilitator
Training on Resettlement Action Plan Process to division staff, social development team. Items to consider for training include: Introduction, Legal and Policy Framework, Property Census, Cadastral Surveys and Socio-economic data collection, Eligibility and Compensation, Grievance Management and Monitoring and Evaluation Framework
Target includes Lawyer, surveyor, Valuer, social development team - 3 and division staff + supervisor+ monitoring and evaluation team
70
Training of LCI Chairperson, Secretary Defense, Division Mayor, Town Clerk and Ward Administrators on RAP processes in particular Grievance Management and Verification Processes
Brief Overview of the RAP process and in particular grievance management for management
Engineering, Physical Planning, Legal, Gender and Community Services
Notification to the Project Affected Persons Regarding sensitization and key issues in the RAP process and upcoming verification exercise through LCI, radio announcements, telephone calls amongst others
To b
e u
ndert
aken a
t div
isio
n o
ffic
es
Rubaga Division: Training of Project Affected Persons on eligibility and compensation and the need to undertake verification
Rubaga Division: Display of Strip Maps for a period of 14days
Central Division: Training of Project Affected Persons on eligibility and compensation and the need to undertake verification
Central Division: Display of Strip Maps for a period of 14days
71
Kawempe Division: Training of Project Affected Persons on eligibility and compensation and the need to undertake verification
Kawempe Division: Display of Strip Maps for a period of 14days
Nakawa Division: Training of Project Affected Persons on eligibility and compensation and the need to undertake verification
Nakawa Division: Display of Strip Maps for a period of 14days
Verification Process Parallel to Grievance Handling, authenticating documentation and details of bank accounts with proof that the account is active
Kira and Mambule Road: Payment of PAPs and signing of consent forms
Other Roads: Payment of PAPs and signing of consent forms
Acquisition of the Corridor for first roads
Monthly Progress Report
The estimated budget for RAP implementation activities is Uganda shs: 46,195,000 (Forty six million, one hundred ninety
five thousand only) which is included in the project operational budget.
72
13 COST AND BUDGET 13.1 Resettlement Costs
The compensation budget for the project affected persons is Uganda Shillings 22,058,259,499/= (Twenty Two Billion, fifty eight Million, two hundred fifty nine thousand four hundred ninenty nine,). This includes 10% and 5% of the cash compensation project costs for Internal and
External monitoring and evaluation of Resettlement activities respectively. An additional 15% of the cash compensation project cost is provided for loss due to severance. This is shown in Table 13 -1 below.
Table 13-1: Resettlement budget
Sr. No. Description of Cost Responsibility/Source of Funds
Amount in Ug. Shs
1 Value of Land in Existing road Government of Uganda: MOFPED and KCCA
1,065,664,887
2 Value of Additional required Land Government of Uganda: MOFPED and KCCA
10,182,100,529
3 Value of Improvements Government of Uganda: MOFPED and KCCA
3,847,094,310.00
4 Value of Crops/Trees Government of Uganda: MOFPED and KCCA
5,546,200.00
5 Disturbance allowance 15/30% Government of Uganda: MOFPED and KCCA
2,546,201,673
6 Resettlement Activities including internal M&E (est. 10% of Cash Compensation)
Government of Uganda: MOFPED and KCCA
1,764,660,760
7 Allowance for Loss due to severance (15% of Cash of Compensation)
Government of Uganda: MOFPED and KCCA
2,646,991,140
8 Grand Total 22,058,259,499
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14 MONITORING AND EVALUATION OF MITIGATION MEASURES
Monitoring and evaluation is essential to ensure that RAP implementation achieves the desired results. Monitoring and Evaluation includes the establishment of socio-economic background data of the affected persons prior to actual land acquisition or physical relocation and regular monitoring of their situation for an extended period of time after land acquisition and relocation. In addition, qualitative and quantitative evaluations will be made to ascertain whether the affected people achieve at the minimum their pre-project standard of living as a result of the livelihood restoration program.
A monitoring and evaluation framework for RAP implementation has been developed to include a plan for monitoring and evaluation of compensation packages with indicators for measuring performance, impacts and outcomes. This plan also provides for reviews by stakeholders including World Bank. The Framework includes a review of financial disbursements, compensation complaints and grievance redress, adherence to compensation payment schedule and support of vulnerable households. Monitoring will be both internal monitoring by KCCA, and External evaluations by World Bank and other national stakeholders.
For internal monitoring, the KCCA will take full responsibility for conducting regular internal monitoring of the land acquisition, resettlement and compensation process. In addition, KCCA staff will participate in resettlement monitoring and evaluation.
14.1 Monitoring indicators and Focus
During resettlement, monitoring shall focus on resettlement issues such as:
Number of PAP that have been compensated disaggregated by gender
Number of people who have acquired legal documents to new property
disaggregated by gender
Number of business owners who have restored their businesses
disaggregated by gender
Efficiency and effectiveness of grievance redress mechanism.
Post resettlement monitoring should focus on rehabilitation issues for example:
Level of restoration of livelihoods
Success level of restoration of assets
Efficiency and effectiveness of grievance redress mechanism.
In addition to the issues highlighted above the following will also be monitored:
14.2 Internal Monitoring
Number of consultative meetings held with the community
Grievance issues by type and how they were resolved
Average time for closure of grievance
Number of sensitization meetings
Issues raised by communities relating to the project
Actual amount paid and timeliness of payment
74
Number of affected people (men and women) employed in project construction
Number of households resettled to date
Number of households that have managed to replace their cash crop gardens to date
External monitoring may also focus on:
The progress of disbursement and provision of entitlements to the PAP
Comparison of pre and post resettlement socio-economic situations for affected
households
Employment situation of affected household members
Condition and quality of land of temporary acquisition when it is returned to the
original land users
Living conditions of the vulnerable households after resettlement
Incomes of resettled households
Quality of life of the resettled households
14.3 Completion Audit
The key aim of resettlement is to ensure compensation and other mitigation measures restore or enhance affected people’s quality of life and income levels. If quality of life of PAPs can be demonstrated to have been restored, then resettlement and compensation process can be considered “complete”. The purpose of Completion Audit will therefore be to establish whether KCCA implemented all activities needed to ensure compliance with proposed resettlement commitments and applicable national and World Bank requirements.
14.4 Reporting
KIIDP project team has weekly meetings held every Friday meant for tracking progress. In order to report effectively on the progress of implementation; divisional staff will be given and trained to use a reporting template that will include the following sections:
Project Name
Project details
Narrative on progress
Quantitative indicators
Issues and challenges
Action required
75
15 APPENDICES
76
APPENDIX 1: SUMMARY OF LAND RATES USED ON DIFFERENT ROADS
A detailed and complete summary of compensation assessment of PAPs with a valuation report is attached
to this report as a separate document in excel for the four roads
MAKERERE HILL ROAD
Ref No. Chainage Name of Owner Tenure Side of Road
Area in
Existing Road
(Acres)
Additional
Area Required (Acres)
KIIDP 2/MAK/001 0+000 C/o Ahmadiya
Mosque Plot 68A Leasehold LHS
0.028
0.006
KIIDP 2/MAK/002 0+125 -0+150 Kasule Family Plot 225 & 226
Block 9 Leasehold RHS
-
0.041
KIIDP 2/MAK/003 0+425 Ham Towers LHS
-
-
KIIDP 2/MAK/004 0+500 C/o Kasule Family Plot 924 Block 9
Mailo LHS
-
0.012
KIIDP 2/MAK/005 0+525 C/o Kasule Family Plot 76 Block 9
Mailo LHS
-
0.008
KIIDP 2/MAK/006 0+540 C/o Kasule Family Plot 80 Block 9
Mailo LHS
-
0.009
KIIDP 2/MAK/007 0+560 Mugisha Moses Plot No.79 Block
No. 9 Mailo LHS
-
0.016
KIIDP 2/MAK/008 0+575 Muhammad Katimbo Plot No.263 Block
No. 9 Mailo LHS
-
0.036
KIIDP 2/MAK/047 0+620 C/o Kasule Family Plot No.261 Block
No. 9 Mailo LHS
-
0.009
KIIDP 2/MAK/042 0+650 Hajji Sulaiman
Kawere Plot No.912 Block
No. 9 Mailo LHS
-
0.01
KIIDP 2/MAK/043 0+650
Jaffari Musiitwa Plot No.911 Block
No. 9 Mailo LHS
- 0.01
KIIDP 2/MAK/044 0+675
Hajjati Amina Kasule Kabunga, Fatuma
Namagembe, Muhamed Nyanzi, Musa Sendegala &
Others
Plot No.346 Block No. 9 Mailo
LHS -
0.02
KIIDP 2/MAK/045 0+700 c/o Kobil petrol station Plot No.348 Block
No. 9 Mailo LHS
- 0.02
KIIDP 2/MAK/046 0+725 Edward Kamya
Lugonvu Plot No.526 Block
No. 9 Mailo LHS
-
0.01
KIIDP 2/MAK/009 0+620 C/o Kasule Family Plot 261 Block 9
Mailo LHS
-
0.009
KIIDP 2/MAK/010 1+000 Full Gospel Church Plot 51-55
Freehold LHS
-
0.051
KIIDP 2/MAK/011 1+025 -1+075 Makerere University Plot 226 Block 3
Freehold LHS
0.014
0.097
KIIDP 2/MAK/012 1+050 Justine Nsangi RHS
-
-
KIIDP 2/MAK/013 1+100 Johnson Kisnde Plot 268 Block 3
Mailo RHS
0.044
0.022
77
KIIDP 2/MAK/014 1+125 Christopher Muyanja Plot 267 Block 3
Mailo RHS
0.054
0.035
KIIDP 2/MAK/015 1+110
Musa Kasule, Yusuf Kasule, Abdu Kasule,
Amina Kasule & Others
Plot 404 Block 3
Mailo LHS
-
0.014
KIIDP 2/MAK/016 1+125 Musisi Ahmed Plot 494 Block 3
Mailo LHS
-
0.018
KIIDP 2/MAK/017 1+125 Jalia Kitayimbwa Plot 292 Block 3
Mailo LHS
-
0.017
KIIDP 2/MAK/018 1+150- 1+175 Kisinde Johnson Plot 696 & 723
Block3 Mailo LHS
-
0.051
KIIDP 2/MAK/019 1+150 Swaibu M.
Gweyawadde Plot 274 Block 3
Mailo RHS
0.060
0.038
KIIDP 2/MAK/020 1+175 Johnson Kisinde Plot 842 Block 3
Mailo RHS
0.062
0.059
KIIDP 2/MAK/021 1+175 Nansubuga Scovia Plot 695 Block 3
Mailo LHS
-
0.026
KIIDP 2/MAK/022 1+225 Trustees of Kampala Baptist Church
Plot 909 Block 3 Mailo
LHS -
0.077
KIIDP 2/MAK/023 1+225
Catherine R.N,
Namalwa Munyagwa & Florence Ndagire
Plot 910 Block 3 Mailo
RHS
0.081
0.110
KIIDP 2/MAK/024 1+250 Mujabi Augustine Plot No.743 Blk No.10 Kibuga,
Mailo
RHS -
-
KIIDP 2/MAK/025 1+300 Nalwadda Juliet Mulinde
Licencee on Late
Nattembo Evalyn's Land
RHS -
-
KIIDP 2/MAK/026 1+300 Delta Petroleum
Uganda RHS
-
-
KIIDP 2/MAK/027 1+325 Buchunju Benjamin Plot 1082 & 1087
Block10 LHS
-
-
KIIDP 2/MAK/028 1+450 Semulyowa Samuel (Latmosphere)
LHS -
-
KIIDP 2/MAK/029 1+375 -1+450 Wilson Kigozi Plot 1123 Block10
Mailo RHS
-
0.064
KIIDP 2/MAK/030 1+400 C/o Solomon Tumwesigye
Plot 1128 Block10 Mailo
RHS -
0.024
KIIDP 2/MAK/031 1+400 John Bosco Kisekka LHS
-
-
KIIDP 2/MAK/032 1+425 Damali Mpamulungi C/o Rogers Atwine
Plot 1208 Block10 Mailo
RHS -
0.025
KIIDP 2/MAK/033 1+475 Equity Bank c/o Kisseka JohnBosco
Plot 1110 Block10 Mailo
RHS -
0.025
KIIDP 2/MAK/034 1+500
Matovu Haman C/o
Kasozi Herman, Namuyombya Ritah & Nabayinde Anitah
Plot 1314 Block10 Mailo
RHS -
0.030
KIIDP 2/MAK/035 1+500 Matovu C/o Namirembe
LHS -
-
KIIDP 2/MAK/036 1+525 Lubega Richard
William
Plot 1315 Block10
Mailo RHS
-
0.026
78
KIIDP 2/MAK/037 1+550
Robinah Nabagereka,
Zibusunsa Ronah & Mariam Kasenyi
Plot 9 Block10
Mailo RHS
-
0.087
KIIDP 2/MAK/038 1+525 Kirumira Bagale
Godfrey LHS
-
-
KIIDP 2/MAK/039 1+525 Barclays Bank Licencee on
Kirumira Bagale
Godfrey
LHS -
-
KIIDP 2/MAK/040 1+575 Shell (U) Ltd Nakulabye
LHS -
-
KIIDP 2/MAK/048 0+175 - 1+010 Makerere University Freehold RHS
2.468
0.511
Total 2.811
1.616
KIRA ROAD
Ref No. Chainage Name of Owner Tenure Side of Road
Area in Existing
Road (Acres)
Additional Area
Required (Acres)
KIIDP/KR/001 0+000 The Salvation Army Plot 78/82 Kira
road RHS
0.212
KIIDP/KR/002 0+150 National Housing, Bukoto Brown Flats
(Zara holdings)
Plot 157 Kira road RHS
0.013
KIIDP/KR/003 0+400 Shell Uganda Ltd Plot M195 Kira
road LHS
0.005
KIIDP/KR/004 0+425 National Housing,
Bukoto White Flats Plot 168 Kira road LHS
0.006
KIIDP/KR/005 0+625 National Housing, Bukoto White Flats
Plot 178 Kira road LHS
0.004
KIIDP/KR/006 0+650 National Housing, Bukoto White Flats
Plot 180 Kira road LHS
0.004
KIIDP/KR/007 0+725 Plot 182 Kira road LHS
0.043
TOTAL
0.043
0.244
MAMBULE ROAD
Ref No. Chainage Name of Owner Tenure Side of Road
Area in
Existing Road
(Acres)
Additional
Area Required (Acres)
KIIDP2/MAM/001 0+025 Meera Investments Plot 4360 Block
208 LHS
0.04
0.042
KIIDP2/MAM/002 0+025 Kadija Nanfuka Plot 4359 Block
208 LHS
0.02 0.028
KIIDP2/MAM/003 0+050 - 0+100 Wandegeya Muslims Association
Plot 959 Block 208 LHS 0.1134906 0.125
KIIDP2/MAM/004 0+040 Kasule Kuluthum Kibanja on Plot
2527 Block 208 RHS -
79
KIIDP2/MAM/005 0+075
Abdu kasule,
Mohamad Kasule, Asa kasule,Musa Kabega, Ishaqa
Kakande, Mary Nalule,kuluthum Birungi and Nuhu Kasule
Plot 2527 Block
208 LHS 0.030
KIIDP2/MAM/006 0+075 Janat Nakyobe Kazibwe
Plot 2201 Block 208
RHS 0.006
KIIDP2/MAM/007 0+100 Kafeero Mande Stuart Plot 2200 Block
208 RHS 0.001
KIIDP2/MAM/008 0+325 - 0+450 Bilal Islamic Centre Plot 922 Block 208 LHS 0.1650293 0.185
KIIDP2/MAM/009 0+100 - 0+325 Bilal Islamic Centre Plot 743 Block 208 LHS 0.30
0.310
KIIDP2/MAM/010 0+475
Sirajje Lubega,Afuwa Nakibulwa Asumani
Kakande, Yusuni Buwembo
Plot 405 Block 208 LHS
0.03 0.000
KIIDP2/MAM/011 0+500 Asuman Sebayiga Onyum
Plot 406 Block 208 LHS 0.03
0.000
KIIDP2/MAM/012 0+475 Kamisi Bashir Plot 3018 Block
208 LHS - 0.045
KIIDP2/MAM/013 0+475 - 0+500 Bernard Damulira
Plot 3019 Block 208
RHS 0.055 0.016
KIIDP2/MAM/014 0+500 George william
Muyingo
Plot 1048 Block
208 RHS
0.04 0.021
KIIDP2/MAM/015 0+550 Landlords Limited Plot 452 Block 208 LHS 0.04
0.028
KIIDP2/MAM/016 0+575 Sam Kiwalabye Plot 4116 Block
208 LHS
0.02 0.000
KIIDP2/MAM/017 0+575 Sam Kiwalabye Plot 4117 Block
208 LHS
0.00
0.000
KIIDP2/MAM/018 0+575 Abdunulu sentamu Plot 473 Block 208 RHS 0.11
0.007
KIIDP2 /BJ/001 0+000 - 0+100 Bombo
Road (RHS) Kasule Family Plot 26 Block 208 RHS - 0.105
KIIDP2 /BJ/002 0+010 - 0+040 Bombo
Road (LHS) Musango Walakira Yusuf
Plot 3560 Plot 208 LHS - 0.036
KIIDP2/BJ/003 0+040 - 0+080 Bombo
Road (LHS) Petro Fueling Station Plot 3559 Plot 208 LHS - 0.032
KIIDP2/BJ/004 0+030 - 0+080
Nabweru Road Unknown Plot 2661 RHS - 0.007
KIIDP2/BJ/005 0+080 Nabweru Road Kyeyune Mukulu Licencee RHS
KIIDP2/BJ/006 0+080 Nabweru Road
Namata Mariam,
Nassali Claire, Nalugo Joyce, Ssempagama Godfrey and Nambi
Zulaika
Licencee on Market Land
LHS
KIIDP2/BJ/007 0+025 Bombo Road (RHS)
Centenary Bank Building
Tenant RHS
KIIDP2/BJ/008 0+025 Total station Tenant RHS
Totals 0.983
0.844
80
HOIMA ROAD
Ref No. Chainage Name of Owner Tenure Side of Road
Area in Existing
Road (Acres)
Additional Area
Required (Acres)
KIIDP2/HOIMA/001 0+020-0+040 Hassan Basajjabalaba c/o Hajji Ismail
Muwaga
Plot 7 & 8 Block 4, Mailo.
LHS 0.003
0.006
KIIDP2/HOIMA/002 0+080 Senoga Joseph Plot 344-345 Block 4, Mailo.
LHS - -
KIIDP2/HOIMA/003 0+100-0+120 Kabugo Fred
Ssebugulu
Plot 176-177 Block
4, Mailo. LHS - -
KIIDP2/HOIMA/004 0+160 Hass Petro Filling Station
0 LHS - -
KIIDP2/HOIMA/005 0+200 Kasasa Isa Plot 147, Block 10, Mailo
LHS - 0.008
KIIDP2/HOIMA/006 0+260 Hajji Abubaker
Mulimira
Plot No.145 Block
No.10, Mailo LHS -
0.029
KIIDP2/HOIMA/007 0+280 Dr. Charles Lwanga & Isingoma Joseph
Plot No. 141 & 143 Block No.10, Mailo
LHS - 0.065
KIIDP2/HOIMA/008 0+340-0+360 Magdalene Nabiziza Kalibala
Plot No. 139 Block No.10, Mailo
LHS - 0.021
KIIDP2/HOIMA/009 0+380 Efulansi M. Musoke, Michael Lubowa & Estherm Musoke
Plot No. 314 Block No.2, Mailo
Land in the centre of the
road
0.084
0.136
KIIDP2/HOIMA/010 0+400 Mpanga Abdullah
Kigozi
Plot No. 176 Block
No.2, Mailo
Land in the
centre of the road
0.063
0.123
KIIDP2/HOIMA/011 0+390 Wycliff Bukenya Plot No. 175 Block
No.10, Mailo LHS -
0.020
KIIDP2/HOIMA/012 0+400
Margret Nakkazi Kalule, Nabatezi Erusa, Elizabeth
Nakabuye Kasajja, Alon Kasasa, Erusa Zawedde, Evalyn
Nankya Sseruwadda
Plot No. 1431
Block No.10, Mailo LHS -
0.011
KIIDP2/HOIMA/013 0+420 Shifferal Metaferia Plot No.1345 Blk No.10 Mailo
LHS - 0.027
KIIDP2/HOIMA/014 0+440 Anant Sakharam Gonhalekar
Plot No.173 Blk No.10 Mailo
LHS - 0.035
KIIDP2/HOIMA/015 0+480 Alhai Amako Marjan Plot No.89 Block
No.10 Freehold LHS
0.039
0.092
KIIDP2/HOIMA/016 0+520-0+560 Joseph Kiyimba Plot No.1067 & 1395 Block No.10
Mailo
LHS 0.063
0.151
KIIDP2/HOIMA/017 0+600 Ssenfuka Abdallah Plot No.1396 Block No.10 Mailo
LHS & Middle of the road
0.128
0.103
KIIDP2/HOIMA/018 0+600 Shell Filling Station Licencee on Madinah Nassali Kasule
LHS - -
81
KIIDP2/HOIMA/019 0+620 Madinah Nassali
Kasule
Plot No.1397 Block
No.10 Mailo
LHS, RHS &
Middle of the Road
0.071
0.042
KIIDP2/HOIMA/020 0+800 Madinah Nassali Kasule
Plot No.1398 Block No.10 Mailo Kyadondo Rd
LHS 0.021
0.020
KIIDP2/HOIMA/105 0+880 Madina Nsamba Plot No.903 Block No.10 Mailo
Kyadondo Rd
Both Sides
0.067
0.050
KIIDP2/HOIMA/021 0+920 Umeme Offices Licencee on Namirembe Archdiocesed
LHS - -
KIIDP2/HOIMA/022 0+960 Muhammed Ali Plot No.418 Block No.10 Mailo
LHS - 0.016
KIIDP2/HOIMA/023 1+000
City Nursery &
Primary School c/o Namirembe Diocese
Plot No.408 Block No.10 Mailo
LHS - 0.001
KIIDP2/HOIMA/024 1+060 Nakalanzi Anna Plot No.402 Block
No.10 Mailo LHS - -
KIIDP2/HOIMA/025 1+080 Namirembe Diocese (Scripture Union of
Uganda)
0 LHS - -
KIIDP2/HOIMA/026 1+160 Sengooba Chris Plot No. 587 Block
No.10 Mailo LHS - -
KIIDP2/HOIMA/027 1+200 Buyinza John Plot No. 589 Block No.10 Mailo
LHS - 0.002
KIIDP2/HOIMA/104 1+240 Birungi Simpson Plot No. 272 Block No.10 Mailo
LHS - 0.030
KIIDP2/HOIMA/028 1+300-400 Thomas Tegalya Kibanja LHS -
0.011
KIIDP2/HOIMA/029 1+300-400 Kyotega Pauline & Christine Nakampi
Kibanja LHS - 0.016
KIIDP2/HOIMA/030 1+300-400 Samuel Ssepuya Plot 857 LHS - 0.008
KIIDP2/HOIMA/031 0+140
National Association of Women
Organisations in Uganda (NAWOU)
Plot 1, Hoima Rd
Freehold. RHS -
0.002
KIIDP2/HOIMA/032 0+170 Care Hotel Plot 20 Hoima Rd.
Freehold RHS - -
KIIDP2/HOIMA/033 0+190 Mukyenga Gerald Mukwaya
Plot19 Hoima Block 10 Rd.
Freehold RHS -
0.004
KIIDP2/HOIMA/034 0+200 C/o Alderbridge Real Estate & Mngt Ltd
Plot18 Hoima Block 10 Rd.
Freehold
RHS - 0.011
KIIDP2/HOIMA/035 0+240 Hilda Nause Kajumbula
Plot 17 Hoima
Block 10 Rd. Freehold
RHS - 0.015
KIIDP2/HOIMA/036 0+400 Efulansi Miriam Nalugwa Musoke
Plot 197 Hoima Block 2 Rd. Mailo
RHS - 0.007
82
KIIDP2/HOIMA/038 0+410
Idosa Boka (c/o
Nkonge Robert, Bukesa Restaurant)
Plot 323 Hoima
Block 2 Rd. Mailo RHS -
0.012
KIIDP2/HOIMA/039 0+440 Joan Mukasa C/o
Betty Nakiberu
Plot 322 Hoima
Block 2 Rd. Mailo RHS -
0.015
KIIDP2/HOIMA/040 0+480 Horse Power Uganda Ltd
RHS - -
KIIDP2/HOIMA/041
Madiina Nassali
Kasule C/o Madkas Motel
RHS - -
KIIDP2/HOIMA/042 0+640
Kiddu Hassan Kibowa
C/o Musisi Hassan & Namubalirwa Jemeo
Plot 341 Block 2 Hoima Rd. Mailo
RHS - 0.001
KIIDP2/HOIMA/043
Ssenyonjo Sulaiman RHS - -
KIIDP2/HOIMA/044 1+070 Deborah Manjeri C/o Namubira Sarah & Nansubuga Harriet
Plot 721 Block 10 Hoima Rd. Mailo
RHS - 0.007
KIIDP2/HOIMA/045 1+100 Birungi Simpson C/o Water Fall Express
Plot 593 Block 10 Hoima Rd. Mailo
RHS - 0.011
KIIDP2/HOIMA/046
Crane Bank C/o Shanawaz Khan
RHS - -
KIIDP2/HOIMA/047
Musis Fred RHS - -
KIIDP2/HOIMA/048 0+000 (Muteesa 1
Road) Sylvester Erasmus Wamala Kaddu
LHS 0.063
0.016
KIIDP2/HOIMA/049 0+020 (Muteesa 1
road) Ssebuliba Jeremiah RHS -
0.001
KIIDP2/HOIMA/050 0+040 (Muteesa 1
road)
Francis Asaba & Peter
Bagonza
Plot 277 Block 10
Hoima Rd. Mailo RHS -
0.007
KIIDP2/HOIMA/051 1+220 Robinah Nabagereka, Zibusunsa Ronah &
Mariam Kasenyi.
Plot 9 Block 10
Hoima Rd. Mailo RHS -
0.120
KIIDP2/HOIMA/052 1+240 George Mayambala &
George Kaddu
Plot 876 Block 10
Hoima Rd. Mailo RHS -
0.008
KIIDP2/HOIMA/053 1+250 Margret Nantongo Plot 753 Block 10 Hoima Rd. Mailo
RHS - 0.003
KIIDP2/HOIMA/054 1+260
Efulansi Wokyalya
(Administrator: George William Ssali)
Plot 752 Block 10
Hoima Rd. Mailo RHS -
0.004
KIIDP2/HOIMA/055 1+380 Kadoma Paul Kiiza Plot 2586 Block 10
Hoima Rd. Leasehold
RHS - 0.002
KIIDP2/HOIMA/056 1+400 Steven Bogere
Plot 2063 block
203 Lease on Kabaka's Land
RHS -
0.003
KIIDP2/HOIMA/057 1+560 Yeremiya wakula Ssebuliba
Plot 41 block 203 Lease on Kabaka's Land
RHS - 0.010
KIIDP2/HOIMA/058 1+600 Kayondo Frank Plot 5709
block 203 Lease on
Kabaka's Land
RHS -
0.006
83
KIIDP2/HOIMA/059 1+630 Ssentongo Joshua Kibalama
Kibanja RHS - 0.003
KIIDP2/HOIMA/060 1+650 Nanteza Christine Kibanja RHS - 0.002
KIIDP2/HOIMA/061 1+670 Sande Ssebunya Kibanja RHS - -
KIIDP2/HOIMA/062 1+690 Nabatanzi Jamida Kibanja RHS - 0.001
KIIDP2/HOIMA/063 1+700 Sseviri Herbert Kibanja RHS - 0.001
KIIDP2/HOIMA/064 1+720 Kaitesi Ruth (Tenant: Pastor Nsereko
Steven)
Kibanja on Kabaka's Land
RHS - 0.014
KIIDP2/HOIMA/065 1+750 Kavuma Bonny Kibanja on Kabaka's Land
RHS - 0.009
KIIDP2/HOIMA/066
Mrs. Mubiru Mary RHS - -
KIIDP2/HOIMA/067 1+750 Sanyu Nalwoga Kibanja on Kabaka's Land
RHS - 0.004
KIIDP2/HOIMA/068 1+760 Mutebi Frank Kibanja on Kabaka's Land
RHS - 0.008
KIIDP2/HOIMA/069 1+780 Nalubega Juliet & Lawrence Yiga
Plot 488 block 203 Lease on Kabaka's Land
RHS - 0.007
KIIDP2/HOIMA/070 1+780 Nyabongo Rogers Kibanja RHS - 0.007
KIIDP2/HOIMA/071 1+800 Wakabi Robert Noah Kibanja RHS - 0.013
KIIDP2/HOIMA/072 1+820 Isabirye Musa Kibanja RHS -
0.018
KIIDP2/HOIMA/073 1+820
Kalisti Kasugi (Administrators: Mrs Sanyu Sylvia & Nabbosa Annet)
Plot 2246 Block 203
RHS - 0.004
KIIDP2/HOIMA/074 1+840 Sseruwagi Matia Kibanja RHS -
0.038
KIIDP2/HOIMA/075 1+860 C/o Abdul Karim Mubiru
Plot No. 1907 Block No. 203
RHS - -
KIIDP2/HOIMA/076 1+910 Nansamba Joanita Kibanja RHS - 0.059
KIIDP2/HOIMA/077 1+920 Ruth Namakobe
Kabali
Plot No. 2043
Block No. 203 RHS -
0.017
KIIDP2/HOIMA/078 1+920 Musoke Salim Kibanja on Kabaka's Land
RHS - 0.024
KIIDP2/HOIMA/079 1+940 Nswaswa Haruna Kibanja RHS - 0.028
KIIDP2/HOIMA/080 1+950 Matovu Richard Kibanja RHS -
0.013
KIIDP2/HOIMA/081 1+960 Matia Mbaziira Plot 1631 Block 203
RHS - 0.009
KIIDP2/HOIMA/082 1+970 Sanyu Nalwoga Kibanja on Kabaka's Land
RHS - 0.004
84
KIIDP2/HOIMA/083 1+980 Nakato Felisti Plot 1614 Block 203
RHS - 0.021
KIIDP2/HOIMA/084 2+000 Namutebi Kibanja on Kabaka's Land
RHS - 0.011
KIIDP2/HOIMA/085 2+010 John Baptist Chemba Kibanja RHS -
0.003
KIIDP2/HOIMA/086 2+030
Charles James
Lwanga Muyizi Mulindwa
Kibanja RHS -
0.014
KIIDP2/HOIMA/087 2+040 Mbazira Matiya Kibanja RHS -
0.019
KIIDP2/HOIMA/088 2+050 Nalongo Muyimba Florence
Kibanja RHS - 0.021
KIIDP2/HOIMA/089 2+070 George William Mbogo
Plot 5129 Block 203
RHS - 0.018
KIIDP2/HOIMA/090 2+100 Hajjati Kyamalabi
Janat Kibanja RHS -
0.006
KIIDP2/HOIMA/091 2+090 Mawejje Katula Simon Kibanja RHS - 0.011
KIIDP2/HOIMA/092 2+100 Hajjati Kyamulabi Janat
Kibanja on Kabaka's Land
RHS - 0.008
KIIDP2/HOIMA/093 2+120 Kasiita Ismail Plot 1901
Block 203 RHS -
0.019
KIIDP2/HOIMA/094 2+130 Ssegembe Misusera Kibanja RHS - 0.002
KIIDP2/HOIMA/095 2+140 Sentamu Robert Kibanja RHS - -
KIIDP2/HOIMA/096 2+150 Namubiru Lydia &
Mirembe Rebecca Kibanja RHS - -
KIIDP2/HOIMA/097 2+160 Chemba John Kibanja RHS - -
KIIDP2/HOIMA/098 2+180 Kisambira Kisubi Wilson
Plot 2778 Block 203
RHS - 0.003
KIIDP2/HOIMA/099 2+200 Gabula Vicent Plot 814
Block 203 RHS -
0.003
KIIDP2/HOIMA/100 2+240 Namwanje Faridah & Imran Lugya (c/o
Twaha Katumwa)
Plot 5188 Block 203
RHS - 0.003
KIIDP2/HOIMA/101 2+260 Bwogi Mathew Kibanja on Kabaka's Land
RHS - 0.010
KIIDP2/HOIMA/102 2+280 Ddamulira Milios Kibanja on
Kabaka's Land RHS -
0.020
KIIDP2/HOIMA/106 2+300-2+350 Kasubi Market Vendors Association
Kibanja on Kabaka's Land
RHS
KIIDP2/HOIMA/107 2+300-2+400 Bulasio Nume Kibanja on Kabaka's Land
Kimera Road
KIIDP2/HOIMA/108 2+300-2+400 Bameka Samuel Kibanja on
Kabaka's Land RHS
KIIDP2/HOIMA/109 2+300-2+400 Kyomuhendo Richard Kibanja on Kabaka's Land
RHS
KIIDP2/HOIMA/110 2+300-2+400 Kobil Kibanja on Kabaka's Land
LHS
85
KIIDP2/HOIMA/111 2+300-2+400 Kawere Matia Kibanja on Kabaka's Land
Masiro Road
KIIDP2/HOIMA/103 1+200 - 2+280 Buganda Land Board Mailo Land with Bibanja
RHS - 0.6430
Totals 0.602
2.404
86
APPENDIX 2: PHOTOGRAPHS OF PROJECT AFFECTED PERSONS
87
88
APPENDIX 3: APPROVED COMPENSATION RATES FOR KAMPALA
89
90
APPENDIX 4: SUMMARY OF LAND RATES APPLIED
91
APPENDIX 5: VALUATION CERTIFICATE
92
APPENDIX 6: COMPENSATION ASSESSMENT FORM Project Name…………………………………………………………… ASSESSMENT NO…………………………..…… A. Ownership and Location Name of Property owner…………………………………………………………Tenure: ………………………. LC I/ Cell:…………………………………………………………………………………………………………….. Parish ………………..……………………………………………………………………………………………… Sub country …………………………………………………………………………………………….………….. B. Brief Description of Property to be assessed for compensation
Land/Kibanja: Area taken………………………………………………………………hectares (………….…………..Acres)
Improvements …………………………………………………………………………………………………………………………… C. Crops and Trees
NAME OF CROP/TREE DESCRIPTION QUANTITY RATE VALUE (UG SHS)
Remarks:
……………………….……………………………………………………………………………………………………… ……………..…………….……………………………………………………………………………………………… Signature of the Valuer ……………………………………………………Date …………..………………….... Signature of Registered owner/Customary Tenant ………...........…Date.………............………………. Witness:………………………………………………………………………………………Date ………………… LC I Chairman/Representative …………………….……………………..……Date….……………………………….. LC I Official Stamp
93
APPENDIX 7: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE A SHORT INTRODUCTION: My name is ……………………………………….. from UB CONSULTING ENGINEERS LTD, KCCA has identified the need for consultancy services to open land boundaries, determine the size of land to be acquired from each affected land owner and update the strip maps of the roads and the drainage channel under the Kampala Institutional and Infrastructure Development Project (KIIDP2-phase 1). This survey seeks to explore the socio-economic features of the project area and the opinions of people with an aim to identify potential social impacts and develop mitigation measures. Your contribution will help us prepare a valuation for compensation report to the standards expected by the chief Government valuer of Uganda and International Development Association/World Bank.
HOUSEHOLD NO: ………………………………………. DATE: ………………… VILLAGE/ZONE: ……………………………………………………… NAME OF THE RESPONDENT: ………………………………………….. AGE OF THE RESPONDENT:…………………………………………….. GENDER: 1 ( ) Male 2 ( ) Female Phone Number:
Next
of kin Information
Name. Relationship Phone Number
A. HOUSEHOLD CHARACTERISTICS A1. Total number of household members ………………………
A2. M
em
ber
no
A3. Name
A4. Gender 1. Female 2. Male 3. Child
A5 Age
A6. Relationship to Head 1. Household Head 2. Wife/Husband 3. Son 4. Daughter
A7. Marital Status 1. Single 2. Married 3. Divorced 4. Widowed
A8. Education status of the family member. 1.Primary 2.Secondary 3.Vocational 4.Tertially
A9.Vulnerable groups of the house hold
1. Abled 2.Disabled
Living with Disabilities
1 ( ) Interview is administered to the household head
2 ( ) Interview is administered to a close family member
3 ( ) Interview is administered to a factory Manager or Land lord
94
5. Son/daughter In-Law 6. Grandchild 7. Parent 8. Brother/Sister 9. Grandparent 10. Others (Specify)
5. Separated 6. I do not know
5.No Education
Living with Hiv/Aids
Orphans
Elderly
HOUSEHOLD CHARACTERISTICS (CONTINUED A15. How long have you been living here as household/family? ………………………….. YEARS
B. SOCIO-ECONOMIC INFRASTRUCTURE 1. Is there any of following public or private socio-economic infrastructures/ Property in your village and how many?
Nearest Socio-economic infrastructures Name Zone
Position
Movable Non-movable
Roads
Education Primary school
Secondary school
Health center (village clinic)
Hospitals
Clinics
Mem
ber
No
A10. Has the household member worked in an occupation which brings income in the last 3 months. 1. Yes 2. No 3. I do not know
A11. If household member is not working, please mention the reason. 1. Retired 2. Student 3. Housewife (Only for female spouses) 4. Cannot find a job 5. Pregnant 6. So ill that he/she cannot work 7. Too old 8. Too young 9. Handicapped 10. Does not need to work 11. Looks after house works 12. Looks after elderly 13. Looks after children 14. Not allowed to work (e.g. female members) 15. Does not want o work 16. Other (please specify) 17. Not applicable
A12. What is/are the household members’ occupations? 1. Farmer 2. Livestock breeder 3. Retired 4. Craftsman 5. Merchant 6. Civil Servant 7. Worker 8. Teacher 9. Doctor 10. Other (please specify) 11. Not applicable 12. I do not know
A13. Who is s/he working for? 1. His/her own business 2. Family business (Works with a wage) 3. Family business (unpaid) 3. Small enterprise 4. Medium or large enterprise 5. Government 6. Not applicable 7. I do not know
95
Other health facilities
Welfare Services
Gendarme / police station
Library
Factories
Shops/markets/butcher/bakery
Banks/ ATM
Water
Electricity
C. LAND USE / HOUSING / INFLUSTRUCTURE AND AGRICULTURE
C1.Ownership status C2.Nature of the property C3.Nature of the Structure
C4.Preferred Compensation form
C5.Extent of Impact
C6.Severely affected
C7.Partially Affected
Free hold land title
Business
Small scale
Permanent
Cash Land used for Business
Large scale
Semi-Permanent
In kind Assets used for Business
Non-Developed Land Temporary
Land used for Residence
Lease hold Residential Assets used for residence
Agreement Kabaka’s land, Kibanja-
Not suitable for continued use/Collapsed structures
C8. Are There Other People That Have Legally Recognizable Rights To Your Site (E.G. Spouses, Customary Agreement Holders, Tenants etc) 1. ( ) Yes 2. ( ) No E. EDUCATION INFRASTRUCTURE E1. Do you have children? 1. Yes (state how many)……………….
F. PERCEPTIONS AND EXPECTATIONS F1. In your perception, what are the most important four problems (development) issues in you village? 1. ………………………………………….. 2. …………………...................................... 3. ………………………………………….. 4………………………………………………. F2. What do you think would be the benefits of the project?
1.For your family
2. For the village
3.For the country
Children Go to school Don’t go to school Reason for not going to school
No School fees
Disabilities
Girls Don’t want
96
F3. What kind of adverse effects can the project cause?
1.For your family
2. For the village
3.For the country
H. KEY SOCIAL PROBLEMS AND DEVELOPMENT ISSUES If you could have 4 things to develop in your community, which are the four things you would choose? I. SOCIAL INTEGRATION AND COHESION 1. Do you think that you will have good relations with the people who might come for working purposes at the site? 1 ( ) Yes 2 ( ) No 3 ( ) Depends On Circumstances (Please Specify) ............................................................................................................................. ........... .............................................................................................................................. .......... 2. If your answer is "No" please specify the reasons? ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………. ……………………………………………………………………………. ……………………………………………………………………………………………….. To be completed by the interviewer. 1. Was the interviewee alone? 1. Yes 2. No, who were present?……………………………….. A2. Please fill in the table.
Criteria Very satisfactory
Satisfactory Neutral Unsatisfactory
Highly unsatisfactory
The trustfulness of the interviewee
The questions that were answered
The interview environment
To be filled by the responsible
97
Name, Surname Date Time
Interviewer
Coordinator
Data entrance
Note:
98
APPENDIX 8: REPORTING FORMAT FOR RAP IMPLEMENTATION
Action Summary Measure Taken/Proposed Timeline
![Love Thy Neighbors: Image Annotation by Exploiting Image ...openaccess.thecvf.com/content_iccv_2015/papers/Johnson_Love_Th… · mantic space, using CCA or kCCA [46 ,23 16 1]. This](https://static.documents.pub/doc/80x56/5f023f5d7e708231d4034fc5/love-thy-neighbors-image-annotation-by-exploiting-image-mantic-space-using.jpg)
