THE REPUBLIC OF UGANDA MINISTRY OF WATER AND ENVIRONMENT IRRIGATION FOR CLIMATE RESILIENCE PROJECT (ICRP) SECTIONAL RESETTLEMENT ACTION PLAN (RAP) FOR KABUYANDA MAIN PIPELINE, ISINGIRO DISTRICT ADDENDUM NO. 2 TO THE RAP FOR KABUYANDA IRRIGATION SCHEME PUBLISHED ON FEBRUARY 18, 2019 January 2022 ABBREVATIONS AND ACRONYMS CGV Chief Government Valuer GOU Government of Uganda GRM Grievance Redress Mechanism ICRP Irrigation for Climate Resilience Project MWE Ministry of Water and Environment NFA National Forestry Authority PAP Project Affected Persons RAP Resettlement Action Plan UGX Uganda Shillings UNRA Uganda National Roads Authority 2 Table of Contents 1.0 BACKGROUND ................................................................................................................. 4 2.0 KABUYANDA IRRIGATION MAIN PIPELINE SECTIONAL RAP ............................. 4 3.0 REDUCTION IN THE KABUYANDA MAIN PIPELINE LENGTH .............................. 5 4.0 KABUYANDA MAIN PIPELINE PROJECT AFFECTED PERSONS (PAPs) ............... 5 5.0 ADJUSTMENT IN COMPENSATION VALUES ............................................................. 6 6.0 CONSULTATIONS ............................................................................................................ 7 6.1 Dissemination of the Final Design ................................................................................... 7 6.2 Re-survey and re-alignment of the Infrastructural corridor ............................................. 9 6.3 PAPs’ Validation Exercise of Kabuyanda Main Pipeline ................................................ 9 6.4 Compensation Process.................................................................................................... 10 6.5 Discussed items and responses ....................................................................................... 10 6.6 Kabuyanda Main Pipeline Sectional RAP Implementation Schedule ........................... 12 Annex 1: Entitlement Matrix, from RAP for Kabuyanda Irrigation scheme, February 2019 (section 7.3.10, page 132) ........................................................................................................ 13 Annex 2: Grievance Redress Mechanism, from RAP for Kabuyanda Irrigation scheme, February 2019 (chapter 9, page 143) ....................................................................................... 16 APPENDICES ......................................................................................................................... 23 Appendix 1: Kabuyanda Main Pipeline Strip Map Appendix 2: Field Photographs Appendix 3: Communications with UNRA 3 1.0 BACKGROUND The Government of Uganda (GoU) through the Ministry of Water and Environment (MWE) with support from the World Bank is implementing the Irrigation for Climate Resilience Project (ICRP). The project development objectives are to provide farmers in the project areas with access to irrigation and other agricultural services, and to establish management arrangements for irrigation service delivery. Components. The project has three components: Component 1. Irrigation Services; Component 2. Support services for agricultural production and value-chain development; and Component 3. Institutional Strengthening and Implementation Support. Kabuyanda Irrigation scheme. The ICRP will – among others - support construction of a new irrigation scheme in Kabuyanda, in Isingiro and Ntungamo Districts, in south-western Uganda, and the related establishment of management structures. The Kabuyanda irrigation scheme comprises of a zoned earth fill dam on the Mishumba River, of 33 m high, 314 m of maximum crest length, creating an 8.8Mm3 reservoir; main pipeline of 15km in length and a piped irrigation network serving a command area of 3,300 ha. Kabuyanda Main Pipeline takes water from the dam to the distribution lines. The main pipeline will pass through 9 villages as shown below. Table 1: Villages through which the main pipeline of the Kabuyanda irrigation scheme will pass through. S/N Village Sub-county 1 Kagoto ii Kabuyanda 2 Kagoto i Kabuyanda 3 Akatesani Town council 4 Rutooma Town council 5 Trading centre Town council 6 Town cell Town council 7 Akatembo Town council 8 Nyampikye ii Town council 9 Nyampikye i Town council 2.0 KABUYANDA IRRIGATION MAIN PIPELINE SECTIONAL RAP During project preparation, a Resettlement Action Plan (RAP) for the Kabuyanda Irrigation scheme was prepared, consulted upon, cleared by the World Bank, and disclosed on the MWE website on February 18, 2019 (https://www.mwe.go.ug/projects/ICRP) and on the World Bank’s external website on February 26, 2019 (https://documents.worldbank.org/en/publication/documents- reports/documentdetail/838461551252259838/resettlement-action-plan) During the ICRP negotiations in February 2020, the GoU through MWE and the World Bank agreed on the opportunity of implementation of the Resettlement Action Plan (RAP) reflecting the sectioning of large civil works and agreed that the various plans could be implemented in sections, provided that this is adequately reflected in the RAPs approved and agreed with the World Bank and that a RAP completion report will be produced for each such section. With reference to the Kabuyanda irrigation scheme, MWE has thus decided to prepare the Sectional RAPs in the following order: (I) Kabuyanda Dam sectional RAP; (II) Kabuyanda Main Pipeline Sectional RAP; and (III) Kabuyanda Irrigation Network Sectional RAP. 4 Following the disclosure of the first sectional RAP of the Kabuyanda Dam on November 19, 2020 MWE has embarked on the preparation of the second Kabuyanda sectional RAP for the main pipeline. It is an addendum to the RAP disclosed on February 18, 2019. The purpose of this addendum is to revise sections of the February 2019 Kabuyanda RAP relevant to the main pipeline, and notably the main/primary line table in evaluation certificate section on page 7 and in the summary section on pages 28, 32-35, 53-58, 63-64 and 66-69 of the Kabuyanda RAP. The entitlement matrix, eligibility criteria, grievance redress mechanism and other principles set in the February 2019 Kabuyanda RAP remain applicable. This sectional RAP has been prepared in accordance with Ugandan Policies, with the social safeguard policies of the World Bank Group notably the Operational Policy (OP) 4.12 on involuntary resettlement, and with the ICRP Financing Agreement. 3.0 REDUCTION IN THE KABUYANDA MAIN PIPELINE LENGTH In the February 2019 Kabuyanda RAP, the main pipeline was estimated to cover a length of 42.6 km, corresponding to 884 Project Affected P ersons (PAPs) (section 6.1.1, Table 6.1 of the February 2019 RAP). In the first half of 2019, the optimization of the design allowed a reduction of the main pipeline length to 15 km, substantially reducing the impact of the project on the Kabuyanda Main Pipeline to 308 PAPs. 4.0 KABUYANDA MAIN PIPELINE PROJECT AFFECTED PERSONS (PAPs) Along the first stretch of 2.5 km departing from the dam, MWE will proceed with land acquisition for a strip of six (6) meters wide. The six meters acquired will be utilized as: four (4) meters will be used for the construction of the access road to service the main pipeline; and two (2) meters will be used for laying down the main pipeline. Land acquisition along the first 2.5 km departing from the dam will concern a total of 95 PAPs. In addition, MWE will proceed with compensation for the developments for a strip of six (6) meters wide, parallel to the strip acquired. These extra 6 meters will be used as a working area during construction of the main pipeline, and after which the area will return to the owners for personal usage. Consent agreements were obtained from the land owners whose developments were compensated for the working area to be availed during the project implementation time. It should be noted that all the 95 PAPs from whom land is to be acquired for the road, have portions of their land extending into the 6m working area, and thus are to be compensated for the developments within the working area section as well. In addition to these 95 PAPs, 10 more PAPs are to be compensated within the working area, but without any portion extending to the strip to be acquired. For the following 12.5 km stretch along the Kikagati – Mbarara – Ruti National Road managed by the Uganda National Roads Authority (UNRA), the main pipeline will be laid at the outbond edge of the road reserve. Although this is a public road managed by UNRA, no compensation has ever been undertaken to warrant demarcation of the road reserve. Based on the grounds that it is an UNRA managed road, MWE wrote to UNRA on October 1, 2021, to obtain UNRA’s concurrence on the construction of the main pipeline along the same road. UNRA responded in affirmative on October 15, 2021 and consented to the construction of the main pipeline at the outbond edge of the road reserve (Appendix 3). MWE shall compensate for the developments in the strip of six (6) meters wide, alongside the road, to be used as a working area during construction of the main pipeline, and after which the area will return to the owners for personal usage. Temporary loss of use or access to land along the 12.5 km will concern a total of 203 PAPs. During mobilization and based on the consent agreements signed, it was agreed that the PAPs will be given construction schedule calendar stipulating the dates at which different sections will be affected to which cutoff dates for agricultural activities for seasonal crops will 5 communicated based on the construction schedule. MWE working closely with the Local Government and the contractor will spearhead the dissemination of the construction schedule. For other activities like construction, the cut-off date was given as November 20, 2020. Table 2: A summary of PAPs numbers S/N Affected PAPs Number 1 Land Acquisition 95 2 Temporary loss of use or access to land 213 Total 308 It should be noted that duri ng t he survey, 1 25 individuals were fo und with bare land, with no items of economic value to be considered for assessment. In these cases, easements in form of consent agreements were entered between MWE and the individuals to allow construction and afterwards the land returns to the owners for personal usage. This was well explained to the individuals, who were in agreement, and in line with approach always adopted with other sector similar developments in the urban centers by National Water and Sewerage Corporation. As a consequence, their information does not appear in the Valuation Matrix. However, these individuals with bare land were captured and as sketched in the strip map produced by MWE. Furthermore, in the strip map, individuals with bare land were not given reference numbers. The distribution of persons with bare land along the main pipeline is shown below. Table 3: Distribution of Individuals with Items of no developments (bare land) along the Main pipeline. Number of Individuals S/N Section with bare land 1 First 2.5 Km stretch - 6m wide strip for land 0 acquisition 2 First 2.5 Km stretch - 6m Working Area 1 3 12.5 Km stretch - Working Area (in the of 124 road reserve where pipes will be laid) Total 125 The survey established that only two institutions; i.e., Kabuyanda Central Primary School and Kabuyanda Catholic Church, all located in Kabuyanda Trading Center village, within the Town Council, will be affected and compensated. At both of these institutions, fencing hedges and trees shall be affected. 5.0 ADJUSTMENT IN COMPENSATION VALUES The design optimization which reduced the length of the main pipeline from 42.6Km to 15Km resulted in the reduction of the PAPs from 884 to 308 and compensation values from the 2019 RAP value of 896,711,551/= to 660,264,345/= and to the final Chief Government Valuer (CGV) approved value UGX. 945,139,259 (Uganda Shillings Nine Hundred Forty-Five Million, One Hundred and Thirty-Nine Thousand and Two Hundred and Fifty-Nine Only). The valuation update included the 30% disturbance allowance because the PAPs were given less than 6 months to vacant land due to the urgency to implement the project. The change in values was as result of the guidance of the CGV to the valuers to use the higher Rakai district compensation rates which were more updated than the Ibanda rates and more so closer to the project area. Furthermore, the adjusted compensation values were due to additional developments captured during the validation exercise. 6 6.0 CONSULTATIONS MWE engaged PAPs for the Main Pipeline on three (3) separate occasions: 1) Dissemination of the Final Design, 2) Re-survey and re-alignment of the infrastructural corridor 3) RAP Validation Exercise. 6.1 Dissemination of the Final Design In December 2019, MWE disseminated the Final Design for Kabuyanda Irrigation Scheme to the District, Sub County, Parish and the Community. The main objective was t o explain and clarify on the changes that came as a result of change in the Scheme design which reduced the area to be inundated by the dam from 302.47 ha to 100.2 ha and the length of the main pipeline from 42.6 km to 15 km. MWE and the National Forestry Authority (NFA) officials first disseminated the design to the district officials, whereas at community level, the design was disseminated by District officials supported by MWE and NFA. Table 4: Project Design Dissemination carried out on December 2 and 3, 2019 Level Location District Isingiro District Local Government - Kikagati Sub County Sub County - Kabuyanda Sub County - Kabuyanda Town Council • Ntundu Parish • Rwamwijuka Parish (In Kikagati Sub County) • Kabugu Parish Parish • Kanywamaizi Parish (In Kabuyanda Sub County) • Central Ward • Northen Ward • Iryango Ward • Kisyoro Ward (In Kabuyanda Town Council) 7 Table 5: District, Sub County, Parish and Community reactions and responses from the MWE team No Question / issue / concern/ comments Response / clarification 1 Sub-County officials requested to have the MWE agreed to the recommendation project designs displayed at the Sub County and the designs were displayed at Sub notice boards for easy access by the County notice communities boards 2 Concern on delayed compensation from Government assured PAPs that they shall be Government? Is there any guarantee that the compensated before commencement of any PAPs will be paid? civil works. 3 Members also wanted to know if farmers in For PAPs compensated for temporary loss the project area are allowed to carry on with of use or access to land, MWE informed their agricultural activities. the farmers to continue with their farming activities until construction works are due to commence. Construction schedules will be given by MWE 4 If the transmission line passes through In case the main pipeline passes through someone’s plot of land can he still construct in ones plot he / she can’t construct on top of it. it? However, one can use the piece of land to h plant only seasonal crops with no tap roots like maize, beans, peas, Irish potatoes, cassava among others. Consent agreements were obtained to allow such activities not destructive to the pipe. 5 LC1 official requested to know which people All properties surveyed, valued and would be compensated i.e. land owners only or approved by the CGV would be even those who had rented the land. compensated including those renting and 6 A community member was concerned that he squatters’ property. The community was told that the cutoff had already started constructing his two dates were 20/11/2020. All developments roomed house where the pipeline will pass before that would be recaptured before according to the project design. submission to CGV during validation. And any other development that is put up in that place after the cut-off will not be compensated. 7 What can one do if the water pipeline is All property including graves will be valued passing through their grave yard? Can the and compensated to enable the affected pipeline be shifted / re-located at least 4ft from families to transfer them to another place. 8 the graves. Members requested to know the period for the Construction for the dam will take two years construction of the scheme and main pipeline and network will take three years. 9 Members wanted to know whether water for There will be a fee for operation and irrigation was to be paid for or will be for free. maintenance of the scheme to be paid by the farmers. The process of determining the fees will be highly participatory. 8 10 The farmers requested to know in case of any Grievance Redress Committees (GRC) at District, compensation grievance, where do they run to Sub County and Parish levels will handle for help? complaints or issues raised by the community. It was explained by MWE that GRCs would start at the parish level since during mobilization and sensitization on the Grievance Redress Mechanism (GRM) guidelines, the majority approved the convenience of GRCs to start at the parish levels. 11 One of the farmers asked that in case one sales Validation of PAPs will be carried out before off land to another person within the period making payments to PAPs, and once it is between valuation and compensation. How discovered that the land ownership changed the will it be handled? land/property will be re-valued and the new owner compensated. 6.2 Re-survey and re-alignment of the Infrastructural corridor Following the design reviews and modifications of Kabuyanda Irrigation Scheme pipe network layout, in December 2019 MWE carried out the re-survey and re-alignment of the infrastructural corridor along the main pipeline. The main objectives for the re-survey and re-alignment were;  To confirm the number of PAPs to be affected by the project corridor,  To carry out a situational analysis and stakeholder identification,  Determine the villages / cells and their respective leadership,  Determine the dominant crops and affected assets,  Determine the major land tenures and uses. The re-survey and re-alignment exercise led to identification and confirmation of 308 PAPs along the main pipeline. These 308 PAPs are spread across 9 villages as listed in section 1.0 above. During the re-survey, it was confirmed that the major land use in the Kabuyanda project area is crop growing with the land being held customarily. The most dominant crop to be affected is plantain (matooke), with a few trees of various species to be felled as well during project implementation. Furthermore, a number of structures including semi-permanent/permanent buildings, kiosks, fencing lines and a few graves are expected to be affected during the pipe laying process. 6.3 PAPs’ Validation Exercise of Kabuyanda Main Pipeline In the months of September and October, 2020, MWE carried out the final validation exercise for Main Pipeline PAPs to confirm the project PAPs. The activity was carried out at the affected Parishes/Wards of Central, Kisyoro, Iryango and Kanywamaizi with a total of 9 villages. These villages are; Kagoto II, Kagoto I, Akatesani, Rutooma, Kabuyanda Trading Centre, Kabuyanda Town Cell, Akatembo, Nyampikye II and Nyampikye I. MWE together with the Isingiro District/ Sub county and LC1 Officials/ Representatives identified, verified and validated all PAPs. The activity included recording names and particulars (photographs of the affected persons, copies of National Identification Numbers (NINs), telephone numbers and properties) of each PAP. Each PAP cross checked and confirmed their name and property with the assistance of Local Council I Chairpersons. The team also gave opportunities to PAPs to ask any questions for clarity. PAPs with cases such as minors requiring guardianship, landowners who are incapacitated and cases which require processing of letters of administration as well as powers of attorney were advised on the process and procedures of acquiring these statutory documents. All the PAPs who acquired the above 9 documents, submitted them to MWE officials and will be advised on the rightful procedures to take before the final report is presented to CGV for approval of payments. The PAPs presented their identification documents and MWE found that they were tallying. For cases where they differed, they were edited in the draft report so as to be captured in the revised report. 6.4 Compensation Process MWE officers briefed the PAPs on the compensation process. They requested the PAPs to be patient and co-operative throughout the whole process of compensation and explained the process as follows; i. Undertake field survey and valuation for crops and structures. In land acquisition section, land to be affected was surveyed and valued. ii. Make a Valuation Assessment Report. iii. Validate the report with the PAPs; submit the report to the Chief Government Valuer (CGV) for approval. iv. Disclosure of the approved CGV values to the PAPs. v. PAPs discuss, review the compensation agreement and thereafter endorse compensation agreement. vi. PAPs declare their bank account details to the Government vii. Government pays the PAPs. 6.5 Discussed items and responses The following issues were raised by the PAPs during the validation exercise and MWE provided the responses accordingly to the satisfaction of the PAPs as shown in the table in the next page. Table 6: Observations on PAPs and proposed way forward No. Questions/Issues Recommendations/Way forward 1 What if I don’t agree with the Government Stakeholders were informed that the Compensation rates? Government revises district rates after every two years and therefore provides suitable updated rates according to the value of land and property per district. In case of under valuation as a result of leaving out some crops, trees etc. the matter should be raised with the GRCs, for possible passing the information to MWE or the district for re-valuation by CGV. The stakeholders were enlightened on the process of lodging compensation grievances. The bottom-up approach was disseminated, where complaints would be lodged to the established GRCs starting from Parish, Sub-County and District for handling. 2 Are we going to see the amount of money to be The values are disclosed to each individual paid to us? privately save for couples before payment and farmers are asked to consent to the values. 10 3 When are we receiving the money? All PAPs will be compensated before commencement of construction. 4 Where are the values for the PAPs? The stakeholders were informed that the CGV was yet to determine the values. 5 The PAPs requested to know the Government The process was explained as follows; compensation procedure. 1. Survey and design of the project 2. Identification of PAPs 3. Survey and valuation of the affected land/property 4. Validation Exercise 5. PAPs consent to the values 6. Opening and presentation of Bank accounts. 7. Payment and consent 6 What happens when the contractor destroys our The farmers were encouraged to address crops during construction? such issues immediately through the grievance redress system which was established. The contractor will compensate for crops destroyed during 7 Land owners feared losing their land to the project construction The Ministry re-assured the PAPs that no and getting little or no compensation after the one’s land would be touched without project works started. their consent and due Compensation. 8 Some PAPs raised a concern of opening Bank PAPs were informed that during disclosure Accounts when going to get little money as of the values, the payment process will be compensation. discussed and those who have less than 300,000/- will be paid cash through the District. 9 PAPs inquired whether it was allowed to present PAPs were encouraged to open and use relatives’ bank accounts for compensation money. their personal bank accounts to avoid conflicts. They were further informed that the bank account in the names appearing in the CGV’s Valuation report was a requirement during the validation exercise in September & October 2020. 11 6.6 Kabuyanda Main Pipeline Sectional RAP Implementation Schedule The implementation of the main pipeline sectional RAP was as shown below. Table 7: Implementation Schedule No Activity Start Date End Date Responsibility Remarks 1. Main pipe line Valuation 18th/Nov/2020 29/May/2021 CGV Approval was Report approval by Chief obtained Government Valuer 2. Disclosure of CGV approved 01/June/2021 01/ MWE Disclosure was compensation August/2021 undertaken, values to PAP’s and Signing followed by of consent and compensation signing of compensation agreements with PAPs and consent obtaining PAPs Bank details agreements, and obtaining bank accounts. 3. Compensation payment 01/June/2021 01/September MWE This included /2021 reviewing of PAPs and their account details before payment for 301 PAPs was concluded between June- August, 2021 5. Grievance Resolution Process Continuous Continuous MWE/ Ongoing for 07 and management GRCs No. PAPs being handled by the GRCs, District &MWE team 12 Annex 1: Entitlement Matrix, from RAP for Kabuyanda Irrigation scheme, February 2019 (section 7.3.10, page 132) Entitlement matrix proposes eligibility and payments for the losses triggered by the project (e.g. land, structures, trees, crops, etc.). Hence, based on analysis of the impact of the project and the criteria for eligibility, the following entitlement matrix is developed on categories of PAPs according to losses and their entitlement benefits. Table 7-3shows the entitlement for the different assets. Table 0-1: Entitlement Matrix Land and Assets Types of Person(s) Compensation/Entitlement/Benefits Impact Affected Residential Land Land used Title holder/ Cash compensation for affected land at for Owner replacement value residence 15% or 30% disturbance allowance partially Transfer of the land to PAP shall be free of affected, taxes, registration, and other costs. limited loss Remaining land viable for present use. Land and Title holder Land for land replacement or compensation in assets used cash according to PAP’s choice. for 15% or 30% disturbance allowance. residence Relocation assistance (costs of shifting + severely allowance) affected Buildings and Partially or Owner Cash or in-kind compensation for affected structures fully building and other fixed assets at replacement affected cost 15% or 30% disturbance allowance. No deduction of depreciation value Right to salvage materials without deduction from compensation Rental/lease Cash compensation for affected assets holder/squatt (verifiable improvements to the property by ers the tenant). Disturbance compensation equivalent to 2-3 months rental costs Entire Owner Cash or in-kind compensation structures 15% or 30% disturbance allowance. are affected Right to salvage materials without deduction or partially from compensation affected Relocation assistance (costs of shifting + Remaining transition allowance) structures not suitable for continued use Rental/lease Cash compensation for affected assets holder/squatt (verifiable improvements to the property by er the tenant) 15% or 30% disturbance allowance. Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Schools, health Loss Public Compensation to owners or operators as facilities and structures, institutions agreed by the management of the institutions. other public loss of land assets (e.g., water provision facilities) Crops Crops PAP Cash compensation. affected by (whether 15% or 30% disturbance allowance. land owner, Livelihood restoration assistance acquisition tenant, or or squatter) temporary acquisition or easement Temporary Temporary PAP Cash compensation for any assets affected (e. Acquisition acquisition (whether g. boundary wall demolished, trees removed, owner, food and other crops) tenant, or Ample notice for harvest of mature crops squatter) Cultural assets Loss of Community / Cash compensation at replacement value (e.g. graves, cultural owner Relocation assistance for moving of asset to a shrines etc.) property secure site. Trees Loss of trees Private Replacement of trees in another area within farmers / the forest reserve outside the project site. CFM groups on NFA land/squatter s Developments on Loss of Licensees/ Cash compensation for developments on the land crops/trees squatters land. and other eligible developmen ts Annex 2: Grievance Redress Mechanism, from RAP for Kabuyanda Irrigation scheme, February 2019 (chapter 9, page 143) 1. Introduction Taking into account the complexity of resolving disputes and grievances, PAPs have to be informed about various grievance redress procedures and of their right to appeal if not satisfied. This section therefore describes avenues through which PAPs can lodge complaints/grievances related to land acquisition and compensation. It describes stages and procedures to be followed during grievance management A Grievance Resolution Mechanism (GRM) is a system by which queries or clarifications about the project are responded to, problems with implementation are resolved, and complaints and grievances are addressed efficiently and effectively. It is best practice for the grievance mechanism to clarify at the outset who is expected to use the procedure, and to assure stakeholders that there will be neither costs nor retribution associated with lodging a grievance. The entire process (i.e. how a complaint is received and reviewed, how decisions are made and what possibilities may exist for appeal) will be made as transparent as possible by putting it into writing, publicizing it and explaining it to relevant stakeholders. Different categories of grievances are expected during the different stages of the RAP. These are categorised into social, survey, valuation and legal grievances as shown below. ▪ Social: Family disputes, land disputes, deceased PAPs, minors, mentally ill, the vulnerable. ▪ Survey: Objection to computed land size of the affected land, omission of PAPs land, missing PAPs, and land tenure system complaints. These may require re-surveys. ▪ Valuation: Rejection of compensation package considered low value, PAPs missing in approved Valuation Report, property not captured during the initial assessment, discrepancy of information appearing on Strip map and Valuation report. These may require re-valuations or explanation to clarify issues. ▪ Legal: PAPs requiring legal assistance and advice in acquiring of legal documents. This grievance procedure will not replace existing legal processes in Uganda but rather will seek to resolve issues quickly so as to expedite receipt of entitlements and smooth resettlement without resorting to expensive and time-consuming legal processes. The general objective of the proposed grievance mechanism is to provide a mechanism/process to receive and respond timely to any complaints made about the Project from different stakeholders (including those from members of the communities, local businesses and other stakeholders) and to be the basis for developing appropriate mitigation strategies. Specific objectives include: ▪ Establish a mechanism for responding to complaints in an understanding, transparent and culturally appropriate way (including language); ▪ Develop an accessible, transparent and efficient complaint procedure for people involved in and/or impacted by the Kabuyanda Water Resources Project; ▪ Facilitate effective dialogue and open lines of communication with the public; ▪ Manage expectations and/or negative perceptions towards Kabuyanda Water Resources Project; ▪ Establish a system of investigation, response and prompt complaint resolution; ▪ Minimize grievances regarding Kabuyanda Water Resources Project; ▪ Improve the Project social performance by evaluating complaints as a basis for taking remedial or preventive actions or developing responsive initiatives. The grievance mechanism will ensure that all Project Affected Persons including vulnerable groups e.g., the elderly, women and the disabled can easily access help at no cost. 2. Grievance Resolution Mechanism A simple Grievance Redress Mechanism (GRM) has been proposed to enable timely settlement of grievances to the PAPs. The grievance procedures will be anchored and administered at the local level to facilitate access, flexibility and openness to all PAPs. The grievance redress procedure ensures involvement with the respective districts and sub counties and Town Council officials and other key stakeholders and provides for record keeping to determine the validity of claims, and to ensure that solutions are taken in the most transparent and cost effective ways for all PAPs. The grievance resolution mechanism will involve four stages as illustrated in Figure 9-1. VILLAGE GRIEVANCE RESOLUTION COMMITTEE SUB-COUNTY / TOWN COUNCIL GRIEVANCE RESOLUTION COMMITTEE DISTRICT GRIEVANCE RESOLUTION COMMITTEE COURTS OF LAW Figure 0-1: Grievance Resolution Stages Stage I: Village Grievance Resolution Committees Grievance Redress Committees will be constituted at local council one level (LC1) so as to ease accessibility for the PAPs. This committee will comprise of the following members: 1. Chairperson Local Council one (LC1); 2. An Elder; 3. Two democratically elected PAPs, (one female and male) 4. MWE Representative The grievance resolution committees for each of the affected villages will be established. The respective committees will handle grievances from their villages. Complaints that cannot be handled at village level will be forwarded to the Sub Country GRC for further management. Representative of community members on the GRC committees will be chosen by their respective communities during village meetings/community gatherings. The selection criteria will be jointly developed with the affected communities. The following could be used as a guide when selecting community members on the GRCs: ● The GRC member shall be one of the affected persons; ● The GRC member must be of good standing in the community, possess local knowledge and be willing to represent the interests of the PAPs; and ● The GRC member must be trustworthy and available to attend meetings whenever called upon. The communities will evaluate these selection criteria to identify the person(s) best suited to represent them on the GRCs. Each Grievance Resolution Committee is expected to select a Chairperson and a Secretary. Stage II: Sub County / Town Council Grievance Resolution Committees Grievance resolution committees will be constituted at Sub County level (LC3). Kabuyanda Water Resources project falls in Kabuyanda, Nyakitunda, Kikagati Sub Counties, Kabuyanda Town Council and Rukoni East Sub County in Ntungamo District, thus, five resettlement committees at this level will be set up. The grievance resolution committees will comprise of the following members: 3. Chairperson Local Council III (LC3) 4. Sub County Chief/ Town Clerk; 5. Community Development Officer (CDO) 6. Area Land Committee Representative. 7. MWE Representative Each Grievance Resolution Committee is expected to select a Chairperson and a Secretary. Each Committee will be responsible for grievances in their Sub County or Town Council. The Sub County GRCs will work with the respective village leaders to solve a grievance. If the grievance is solved at this level, it will then be closed. However, if the grievance is not resolved, it will be forwarded to the District GRC for further management. Stage III: District Grievance Resolution Committees District authorities will participate in grievance redress thus the need to establish a grievance resolution committee at the District level. The grievance redress committees at the district level (Isingiro District) will comprise of the following members: 1. Chief Administrative Officer (CAO); 2. Chairperson Local Council V (LCV); 3. Community Development Officers; 4. District Land Officer; 5. Environmental Officer. The District GRC will get background information as much as possible about the case from the Sub County/Town Council GRCs. If the District GRC solves the grievance, it will then be closed. However, if the parties fail to agree, the affected person can utilize the Courts of Law as a last resort to solve the grievance. The Grievance Resolution Committees will utilize all avenues to solve grievances before the affected parties can go to the courts of law. Stage IV: Courts of Law The Government of Uganda (GoU) legislation allows a right of access to the courts of law by any person who has an interest or right over property. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress in courts of law as a last resort. 3. Grievance Resolution Process Through sensitization meetings, the PAPs, other community members and other stakeholders will be informed of the grievance management mechanisms in place for them to lodge their complaints and dissatisfactions. The procedure of resolving grievances is provided in Figure 9-2. To lodge grievances, PAPs will fill a Grievance Resolution Form or write formally to the implementing agency. (Sample of Grievance Form – in English is attached as Appendix D). The form will also be translated into the local language i.e. Runyankore-Rukiga. Stakeholders who are illiterate will be assisted by members of the GRC to lodge complaints. The forms will be made available at the different levels of local government. The grievances will be received by the respective village leaders that is the LC1 for the respective project affected villages by the 5 Project Liaison Officer at sub-county offices who will register the grievances in a Grievance Log, give them reference numbers and categorize them. The Officer will evaluate the application and determine whether the issue can be handled administratively by the project technical team or whether the respective GRC has to meet over the matter. For matters that require technical input/verification, the grievance will be forwarded to the respective officers for handling. All grievances will be verified in the presence of at least two members of the respective committees at the level the grievance is being resolved. Communication of the outcome of the resolution will be provided in writing to the concerned parties or in a meeting and recordings of the proceedings taken and signed. Feedback of the outcome of the meetings or grievance resolution will be communicated verbally immediately after the resolution and, formally (in writing) within a week of the grievance resolution. If the grievance requires the sitting of the GRC, this will be communicated by the Project Officer to the Chairperson of the GRC committee. The Chairperson will then mobilize the committee members and the concerned parties. The concerned parties will be mobilized within a week of determining the course of action for the grievance. The date and venue of the deliberations will be communicated to the relevant parties through the Chairperson of the Grievance Committee. The frequency of GRC meetings will be determined by the number of grievances received. It is however proposed, that initially, the GRCs sit at least once a month as a minimum in each Sub County to clear off any pending issues and to provide feedback to the project implementers. It is foreseen that the frequency of these meetings will diminish as the issues to be addressed decrease and the meetings can then be scheduled on quarterly basis. The guiding principle in addressing complaints is that the matters must be addressed as expeditiously as possible. The Legal Advisor on the implementing team will give guidance to cases that require legal input. Where found practical, civil society organizations operating in the project area can be involved in the grievance resolution process. These will be involved in i) sensitizing PAPs about their rights to compensation, ii) reaching out to the communities, and iii) providing support to the disadvantaged youth through income generating opportunities. Selection of these NGOs will be based on their presence in project affected Districts and type of services they provide. 4 Inclusion of Women and other Vulnerable Groups The GRCs will be sensitive to the needs of women and other vulnerable groups. For instance, meeting venues and times will take into consideration the limitations of such groups. All aggrieved parties will have access to the grievance resolution team at no cost. Women may also be inhibited or hindered from complaining about specific incidents (e.g., husbands abandoning affected family and eloping with different women after receiving compensation proceeds and gender-based violence emanating from contested sharing of compensation proceeds). In some communities, women may have lower literacy rates than men and be less familiar with formal processes. Therefore, grievance mechanism committee to be established will include female staff who are aware of and sensitive to the role of women in local communities and the issues they face. The project will train personnel in the handling of gender-sensitive issues; preferably the social development specialist for MWE should have training in Gender-based violence. 5 Training Members of the Grievance Resolution Committees at the different levels of local government will be trained in grievance management. The main topics of discussion will include GRC roles, managing gender-based violence related cases, channels of communication, guiding principles etc. The training will be conducted by the RAP implementing team. 6 The Grievance Database Management  A database will be established and will be updated weekly by the Project Liaison Officer. The database will be designed to make it easy to track individual grievances, giving each grievance a reference number and will show deadlines for progress on grievance communications and resolution. The grievance database will specify the actions for each grievance and the status of the grievances. Where it has not been possible to resolve grievances to the satisfaction of both parties, this will be specified in the database and unresolved grievances assessed during third party monitoring. However, it should be noted that it is important that grievances are resolved at the earliest and be monitored regularly through internal project monitoring mechanism. PAP Lodge grievance to GRC member Gr or Project Liaison Officer (Immediate) ie Record, review and categorize grievance Technical Team Is case resolved? Provide feedback va PROJECT OFFICER Forward to responsible personnel for Action verifies case and works on or resolves Yes and close case nc Forward to Sub County / Town Council GRC for action and cause GRC case (Within 7 days) Is case resolved? NO Forward to Village GRC e sitting (Immediate) Re Is case resolved? YES Provide feedback and close case sol VILLAGE GRC Village GRC sit to resolve case (Within 7 Days) Is case resolved? Forward to Sub uti NO County GRC on Sub County GRC sit Is case resolved? Provide feedback Pr SUB COUNTY to resolve case (Within 7 Days) YES and close case GRC oc Is case resolved? NO Forward to District GRC es District GRC sit to Is case resolved? Provide feedback s DISTRICT GRC resolve case (Within 7 Days) YES and close case Is case resolved? PAP is free to NO seek legal redress Register lodged PAP is notified COURTS OF LAW appeal Court hearing Final verdict Project is notified Figure 0-2: Grievance Resolution Process APPENDICES Appendix 1: Kabuyanda Main Pipeline Strip Map Appendix 2: Field Photographs Appendix 3: Communications with UNRA Appendix 1: KANYAMWIZI NYAMIYAGA MUHANGA EKISINGA KAGOTO II KAGOTO I KIGABAGABA II KABUGO II KAARO II KABESHEKYERE KAARO III AKATESANI KABUGO I KAARO I KIGANDO BUGARAMA RUTOOMA KAMWOSYA TRADING CENTRE KISYORO TOWN RWAMWIJUKA CELL RWEMBWERA I TOWN CELL KABUYANDA KABURARA KATEMBO RUYONZA NYAMPIKYE II NDAANI KIGARAMA BUBARE IRYANGO Appendix 2: Field Photographs MWE Officials paying a courtesy call to the Resident District Commissioner on 29/09/2020 at 09:00am in his office in Isingiro District Validation Field Photographs for the main pipeline in Kabuyanda Town Council MWE official explaining the process of Compensation to the PAPs of Akatesani Village in Central Ward at Akatesani Trading Centre on 30/09/2020 at 10:00 am MWE official engaging PAPs of Nyampikye II village in process of compensation before verifying their identifications on 1/10/2020 MWE Surveyor, Valuer and the PAPs during a re - assessment of some of the property due to be affected in Nyampikye II village carried out on 2/10/2020 A MWE Official verifying PAPs’ names and their affected property in Akatembo Cell in Kisyoro Ward on 01/09/2020 at 02:30pm. The exercise was held at Akatembo Trading Centre. Valuer and Sociologist with PAPs during the re – assessment of crops for two different PAPs in Nyampikye II village. The activity was held on 2/10/2020 A PAP verifying her identification at Nyampikye II village in Kabuyanda Town Council on 1/10/2020 Validation Field Photographs for the main pipe line in Kabuyanda Sub County PAPs verifying their identifications and property assessment during the validation of Draft Valuation Report for Kabuyanda Main Pipeline- 30/9/2020 MWE official addressing PAPs about the process of compensation in Kagoto I village on 30/9/2020 Appendix 3: Communications with UNRA Figure 3: Letter requesting for support in the Implementation of ICRP regarding the laying of main pipeline alongside the Kikagati – Mbarara – Ruti Road Figure 4: UNRA’s Consent on the laying of main pipeline alongside the Kikagati – Mbarara – Ruti Road Figure 5 Response from UNRA concerning support in the Implementation of ICRP (Cont’d)