RP1420 v4 Rural Electrification The Republic of Uganda Agency Consultancy Services to carry out an Environmental Assessment (EA) and Resettlement Action Plan (RAP) For Rural Electrification Agency Plot 1 Pilkington Road, Workers House P.O. Box 7317 Kampala-Uganda By SURVESIS IN JOINT VENTURE WITH SAVIMAXX LIMITED su in joint venture with ~----------------------------------~ Agip House, 1st Floor, 9 Kampala Road, P. 0. Plot 843 Shelter Road, Box3473 8 Kampala Tel: +256 312 294958 Naalya Estate P. 0. Box Fax: 256 312 371 371394 email: 25250 Kampala Mob. admin@survesis.co.ug Web 256 712 654651 www.survesis.co.ug www.savimaxx.co.ug SOCIO-ECONOMIC ASSESSMENT September 2012 1 CONSULTANCY SERVICES TO UNDERTAKE AN ENVIRONMENTAL ASSESSMENT (EA) AND RESETTLEMENT ACTION PLAN (RAP) FOR GULU - ACHOLIBUR AND OPETA-ACOKARA GULU-ACHOLIBUR WITH A TEE OFF TO PAICHO-PATIKO-PALARO ( 175KM), AND OPETA-ACOKARA WITH A TEE-OFF TO ICEME-OTWAL (45KM) 2 EXECUTIVE SUMMARY 0.0 Introduction In 2011, Rural Electrification Agency requested for expression of interest to undertake way leaves acquisition for rural electrification projects and schemes in Northern Uganda. SURVESIS in Joint venture with Savimaxx Limited was short listed and requested to submit a technical and financial proposal for Gulu-Acholibur With Tee-Offs To Patiko-Paicho-Palaro In Northern Uganda (175km) And Opeta-Acokara With A Tee-Off To Iceme-Otwal (45km).Procurement Reference No.REA/Srvcsj 10-11/00223 in the bidding process SURVESIS in joint venture with Savimaxx emerged as the best evaluated bidder. The contract to execute the assignment was signed on 5thJanuary 2012 between the Government of Uganda represented by the Rural Electrification Board of the Ministry of Energy and Mineral Development and SURVESIS in joint venture with Savimaxx Limited. 0.1 Background and Project Area The Government of Uganda has received financing from the World Bank (WB) towards the cost of the Energy for Rural Transformation (ERT) Project Phase II and has asked for Consultancy Services to Undertake a Resettlement Action Plan (RAP) covering the proposed 175 kilometres of Gulu-Acholibur with a tee off to Paicho-Patiko-Palaro, 45 km of Opeta-Acokara with a tee-off to Iceme- Otwal Cover about 4 districts that is Gulu, Pader, Kale and Oyam. The total length of the 33kv distribution power lines is approximately 220 kilometres and is broken down as follows; • 175 kilometres for Gulu-Acholibur with a tee off to Paicho-Patiko- Palaro • 45 kilometres for Opeta-Acokara with tea-offs to Iceme-Otwal The power lines along Opeta-Acokara cover 2 districts of Kale and Oyam. There are 8 sub counties, 16 Parishes and 46 VillagesjLCl cells. That of Gulu-Acholibur also covers 2 districts of Gulu and Pader, 49 VillagesjLC1 cells. The 33kV distribution power lines are meant to run along the road reserves on the major roads. The Rural Electrification Agency (REA) is the Lead Agency in the rural electrification sector and is therefore the principal arm of Government that is charged with the implementation of Rural Electrification projects. The project zone is mainly agricultural area producing mainly maize, sim sim and ground nuts. Small agribusiness plants are expected to to spring up. With the installation of power. 3 0.2 Project-Affected Areas and Potential for Resettlement As stated above the project covers 33kv distribution power lines is approximately 220 kilometres with 175 kilometres of Gulu-Acholibur with a tee off to Paicho-Patiko-Palaro, and 45 km of Opeta-Acokara with a tee-off to Iceme-Otwal Cover about 4 districts that is Gulu, Pader, Kole and Oyam. The immediate impact of this project will be along the entire length of the proposed power lines. The total number of Project Affected Persons is 1,215. Of which 558 is for Gulu Acholibur and 657 is for Opeta-Acokara. 0.3 Legal Framework for Compensation This RAP takes into account the Uganda Legal Framework as well as the key Donor Guidelines on resettlement and compensation. The Uganda Government requires compensation to be paid if damage is caused to land and other private property. The Relevant Uganda laws on compensation and resettlement include the Constitution of the Republic of Ugahda, 1995; and the Land Act, Cap 227; The Local Government Act (1997); Land Acquisition Act (1965) and the Access to Roads Act (1965. The same requirements are also articulated by the major Development Partners of Uganda (especially the WB Involuntary Resettlement Policy Guidelines). The overriding policy goal on Involuntary Resettlement is to ensure that when people must be displaced they are treated equitably, and that they share in the benefits of the project that involves their resettlement. In this project however there will be no relocation except for the compensation of lost assets which are crops, trees and some cases fencing materials in addition to a disturbance allowance of 15% of the value of the affected cropsjtreesj Properties. 0.4 Field Survey Findings The proposed 220km 33kv distribution power lines is approximately 220 kilometres with 175 kilometres of Gulu-Acholibur with a tee off to Paicho- Patiko-Palaro, and 45 km of Opeta-Acokara with a tee-off to Iceme-Otwal Cover about 4 districts that is Gulu, Pader, Kole and Oyam. Most of affected persons will be positively impacted by receiving the much awaited for electric power. The dominant economic activity within the project area is subsistence agriculture, including crop farming and animal rearing. The dominant land 4 tenure system in both zones of the project area is mostly customary land tenure and most of the communities leave on Kibanja land. Under this project however, no land take is anticipated hence the issues of land tenure will play a minor role in this study. The dominant tribes on the Gulu- Acholibur line are the Acholi and Opeta-Acokara is Langi. 0.5 Implementation Plan 0.5.1 Relocation and Compensation Impacts Implementing the Gulu-Acholibur and Opeta-Acokara distribution lines and associated low voltage networks (220km) 33kV distribution lines will lead to neither «physical Displacement" nor «Economic Displacement" of people. In other words there will be no loss of structures, livelihood or employment. This will be because of the line design which has ensured that the Distribution line remains along the Road Reserve following the present Road alignment and not encroaching on people's property except for the crops j Trees and in some cases fencing materials within the Road Reserve. This is the case for both lines. 0.5.2 Compensation and compensation Strategy Being a Donor-funded development project, it means that the compensation/resettlement would have to comply with two sets of requirements, the Ugandan Law and the Donor Safeguard Guidelines in this case the World Bank. The latter are more advantageous to PAPs, especially with regard to the valuation at "full replacement cost" as opposed to the depreciated value taken into consideration by Ugandan valuation methodologies. For this project however, the activity will be limited to compensation. Affected persons will be compensated for all the trees, crops and fencing materials that are likely to be destroyed during the construction and those that were destroyed during the survey. As part of the strategy all stakeholders will be involved, and payments of compensation will be independently monitored. All affected people will be adequately and equitably compensated. 0.5.3 Payment Procedure No gardens (crops and trees) may be removed before compensation has been concluded and grievances attended to where they exist. It is important that the key stakeholders (PAPs, LCs, REA and the World Bank) agree fully with the compensation packages and schedule. At all times the PAPs must be kept 5 informed of the evolutiqn of the resettlement schedule and should agree to it before implementation. The Public disclosure strategy so proposed will ensure that the process is transparent and all stakeholders can verify the actions being taken. 0.5.4 Proposed Time Schedule A resettlement/ compensation - implementation and monitoring program which has been proposed will be implemented. Because this project is in two different zones, it has been proposed the two can take place concurrently. The program covers resource mobilisation, formation of relevant implementation committees, payment of disturbance allowances and compensation as well as the monitoring of the exercise. This will be concluded within a period of about 4 Months for each of the zones. 0.5.5 Summary of the costs that will be involved Based on the findings of the study carried out, the total package to meet compensation need for Gulu-Acholibur is UGX.212,652,825/=. And for Opeta Acokara is UGX.179,290,808/=. The grand total for both zones is therefore UGX.391,943,633/=. This amount is inclusive of 15% disturbance allowance and 15% implementation costs. Table 05-1: Summary of Compensation amounts for the PAP trees Number of Crops and fencing trees or metres of materials fencing materials Implementation 15% of Total Amount 58,791,544/= Cost NB. Please note that the market value amount includes the 15% disturbance allowance while the total amount includes the 15% RAP implementation costs. 0.6 Grievance Management and Redress The project developer (REA) shall therefore put in place an extra-judicial mechanism for managing grievances and disputes based on explanation and 6 mediation by a third party, preferably a committee compnsmg local leaders, trusted citizens and independent of the project. Every aggrieved person shall be able to trigger this mechanism, while still being able to resort to the judicial system. Procedures relevant to this amicable mechanism are detailed below, and will include three different levels: i) Registration by REA, or its agent, of the complaint, grievance or dispute; ii) Processing by REA, or its agent, of the grievance or dispute until closure is established based on evidence that acceptable action was taken; and iii) In the event where the' complainant is not satisfied with action taken by the valuer or REA (or its agent) as a result of the complaint, an amicable mediation can be triggered involving a mediation committee independent of the project. 0. 7 Monitoring, Evaluation and Completion Audit It will be important to carry out a monitoring, evaluation and Audit exercise to determine the progress and effectiveness of the RAP. This will establish among others: - • Amounts of compensation paid in a given month, • Compliance with eligibility criteria as described in this RAP, • Actual delivery of compensation packages, REA will therefore monitor the following: - • Total amount paid out and the rate at which it is being paid; • Number of grievances recorded settled and those that resorted to court action; For this purpose, REA will put in place a consultant to effect the monitoring. 0.8 Conclusions In this RAP a number of key principles have been followed which include the following: • Minimising compensation needs by ensuring that the Distribution Line is confined to the Road Reserve and along the present road alignment; • Removing relocation of people by passing the line through the road reserve; • Where the line targets a cultural site or grave, it has been diverted to avoid impacting on cultural sites; 7 • Key stakeholders have been involved in the study and will be involved in the compensation exercise; • Prompt compensation is recommended for successful implementation of the project. 8 LIST OF ACRONYMS List of Acronyms Art. Article CAO Chief Administrative Officer Cap. Caption CGV Chief Government Valuer DLB District Land Board GOU Government of Uganda IDA International Development Agency IRV Involuntary Resettlement Policy kV Kilo Volts LC Local Council Chairpersons MEMD Ministry of Energy and Mineral Development MLHUD Ministry of Lands Housing and Urban Development MWE Ministry of Water and Environment NEMA National Environment Management Authority PAP Project Affected Persons RAP Resettlement Action Plan RDC Resident District Commissioner REA Rural Electrification Board REB Rural Electrification Board REP Rural Electrification Project Sec. Section TOR Terms of Reference WB World Bank OP Operational Policy 9 TABLE OF CONTENTS Page LIST OF ACRONYMS ....................................................................................................................... 9 INTRODUCTION ................................................................................................................................ 14 1.1 Overview ......................................................................................................................................... 14 1.2 Background: .................................................................................................. :...................................... 14 2.0 PROJECT DESCRIPTION .................................................................................................................. 15 2.1 Project Objective: ............................................................................................................................ 15 2.3 Project Description: ......................................................................................................................... 16 2.4 Purpose and Scope of the Resettlement Action Plan (RAP) ................................................................ 17 3.1 Gulu- Acholibur ............................ :..................................................................................................... 18 3.1.1 Category and Impact on Land Affected By the Project ..................................................................... 18 3.1.1.1 Categories ofLand .......................................................................................................................... 18 3.1.2 Impact on Structures ....................................................................................................................... 18 3.1.3 Impact on People and Livelihoods .................................................................................................. 18 3.1.4 Impact on Graves and Cultural Sites ............................................................................................... 19 3.1.4.1 Graves ........................................................................................................................... 19 3 .1.4.2 Places of Worship and Cultural Sites ........................................................................... 19 3.1.4.3 Crops and Trees ............................................................................................................................... 19 3 .1.4..4 Summary of the Impacts ................................................................................................................. 19 3.2.2 Impact on Structures ....................................................................................................................... 22 3.2.3 Impact on People and Livelihoods .................................................................................................. 23 3.2.4 Impact on Graves and Cultural Sites ............................................................................................... 23 3.2.4.1 Graves ........................................................................................................................... 23 3.2.5 Places of Worship and Cultural Sites in the Northern Region ..................................... 23 3.2.6 Crops and Trees ............................................................................................................ 23 Summary of the Impacts within the Northern Region ................................................................................ 24 4.10verview of the meetings ...................................................................................................................... 30 4.1.1 Timetable ........................................................................................................................................ 30 4.1.2 Notification ofMeeting Dates and Venues ..................................................................................... 31 Meetings ..................................................................................................................................................... 32 10 4.1.4 Stakeholder Analysis ....................................................................................................................... 33 4.2.1 Social Economic Conditions I Activities of the Project Area ............................................................ 35 4.2.2 Land tenure ...................................................................................................................................... 36 4.2.3 Population Dynamics ......................................................................................................................... 36 4.2.5 Human Settlement Patterns ............................................................................................................. 37 4.2.6 Land use and Economic Activities .................................................................................................. 37 4.2.7 Sources ofincome ........................................................................................................................... 37 It was established that among "Others" the majority are farmers (21.5% ) ................................................ 38 4.2.8 Affected Crops/Trees, Buildings and Structures: ............................................................................ 38 4.2.9 Vulnerable Groups .......................................................................................................................... 38 5.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK (IMPLEMENTATION ARRANGEMENTS) ............................................................................................................................ 39 5.1 Policy Framework: ........................................................................................................... 39 5.2 Institutional Framework ........................................................................................................... 40 5.3 Legal Framework: ............................................................................................................ 40 5.4 World Bank' Safeguard Policy on Resettlement ............................................................................ 47 5.5 Differences between Uganda Laws and the World Bank/Donor Policy ......................................... 48 Provisions of Uganda Law for Compensation .............................................................................. 51 6.0 VALUATION OF AND COMPENSATION FOR LOSSES .................................................. 51 Source: Adapted from the Land Act, the Constitution ofUganda and World BankSafeguard Policy on Involuntary Resettlement. ........................................................................................................................... 51 6.1 Estimated Compensation Amounts ................................................................................................. 51 6.2 Payment Procedure ......................................................................................................................... 52 7.0 RESETTLEMENT AND COMPENSATION MEASURES ................................................... 53 7.1 Methodology ................................................................................................................................... 53 7.2 Design Considerations to Minimize Resettlement .......................................................................... 54 7.3 Strategy ........................................................................................................................................... 54 7.4 Overview ofEntitlements ............................................................................................................... 55 7.4.1 Land Titles ..................................................................................................................................... 55 7.4.2 Cash Compensation ......................................................................................................................... 55 7.5 Compensation Rates for Crops and Trees ........................................................................ 55 7.6 Disturbance Allowance ................................................................................................................... 56 8.0 SITE SELECTION, SITE PREPARATION AND RELOCATION ....................................... 56 11 9.0 GRIEVANCE PROCEDURES ................................................................................................ 56 9.1 Likely Types of Grievances and Disputes ...................................................................................... 56 9.2 Management Mechanism ................................................................................................................ 57 Grievance Registration and Monitoring ....................................................................................... 60 Mediation Committee- Amicable Resolution Mechanism .......................................................... 60 10.0 ORGANISATIONAL RESPONSIBILITIES ........................................................................... 61 10.1 Ministry ofEnergy and Mineral Development and REA ............................................................... 62 10.2 Ministry ofLands, Housing and Urban Upgrading ........................................................................ 62 10.3 Local Government. .......................................................................................................................... 62 11.0 IMPLEMENTATION SCHEDULE ......................................................................................... 63 11.1 Proposed Time Schedule ................................................................................................................. 63 11.2 Compensation Agreement ............................................................................................................... 64 11.3 Entitlement Cut-Off ........................................................................................................................ 64 11.4 Rehabilitation ofincome ................................................................................................................. 64 11.5 Implementation Strategy ................................................................................................................. 64 11.6 Costs of implementation of the compensation exercise ..................................................................... 65 11.7 Total cost estimates: ........................................................................................................................... 65 12.0 MONITORING AND EVALUATION FRAMEWORK ......................................................... 65 12.1 General Objectives and Approach .................................................................................................. 65 General Objectives and Approach .............................................................................................................. 65 12.2 RAP Audit and Implementation of Completion Report ........................................................... 66 12.3.1 Compliance Reviews ....................................................................................................................... 67 12.3.2 Completion Audit ............................................................................................................................ 67 13.0 RAP BUDGET ......................................................................................................................... 68 14.0 CONCLUSION·············································································································'·········· 68 Annex1a: Line mapshowing Rural Growth Centres with Transformersand Interconnectors along Gulu Acholibur .......................................................................................... .............. Error! Bookmark not defined. Annex 3: Strip Maps of the Affected Areas ............................. ...................... Error! Bookmark not defined. Annex 4: Samples of the approved District Compensation Rates .................. Error! Bookmark not defined. Annex 5: Shedule of meeting with Photos ..................................................... Error! Bookmark not defined. Gulu- Acholbur ............................................................................................. Error! Bookmark not defined. Annex 6: Minutes of the sensitisation meetings Gulu-Acholibur .................. Error! Bookmark not defined. Annex 7: Minutes ofthe sensitisation Opeta-Acokara ................................... Error! Bookmark not defined. 12 Annex 8: Attendance Lists ......................................................................... Error! Bookmark not defined. Annex 9: List of Contacted People ................................................................. Error! Bookmark not defined. Annex12: SOCIO-ECONOMIC HOUSEHOLD QUESTIONNAIRE .... Error! Bookmark not defined. Annex 13: A SAMPLE OF A FILLED IN SOCIO-ECONOMIC HOUSEHOLD QUESTIONNAIRE .................................................................................................................. Error! Bookmark not defined. List of Tables Table 1: Summary of the compensation Values ........................................ 6 Table 2: Proportion of Affected People for Gulu- Acholibur ..................... 20 Table 3: Proportion of Affected People for Opeta- Acokora ...................... 24 Table 4: Stake holder land scape ........................................................... 33 Table 5: Comparison of Uganda law and World Bank. ............................. .49 Table 6: Basis of Crop Compensation Calculations ................................. 55 Table 7: RAP Implementation Programme ................................................. 63 Table 8: Total Compensation Amount .................................................... 65 13 INTRODUCTION 1.1 Overview This Resettlement Action Plan report is based on the findings of the RAP team which included the Survey Team, the Valuers Team and the Sociologist's Team who conducted field assessment from the preliminary survey that was conducted in January 2012. It also is compliant with the terms of the contract agreement signed between the Government of the Republic of Uganda represented by the Rural Electrification Agency of the Ministry of Energy and Mineral Development and Survesis in Joint Venture with Savimaxx to provide consultancy services for the Resettlement Action Plan (RAP) and EIA for the proposed 33 kv Gulu-Acholibur and Opeta- Acokara distribution line in Northern Uganda. This RAP statement summarises the reports of the three teams and brings into focus the Compensation/Resettlement requirements for the Project Affected Persons (PAP). And this isdue to the construction and operation of the proposed Gulu-Acholibur and Opeta- Acokara distribution line and associated low voltage networks Rural - Electrification - Project (220km) 33kV distribution line. It provides the guidelines and actual compensation amounts for the Project Affected Persons. 1.2 Background: The Government of Uganda has received financing from the World Bank (WB) towards the cost of the Energy for Rural Transformation (ERT) Project Phase II and has asked for Consultancy Services to Undertake a Resettlement Action Plan (RAP) covering the proposed 175 kilometres of Gulu-Acholibur with a tee off to Paicho-Patiko-Palaro, 45 km of Opeta- Acokara with a tee-off to Iceme-Otwal Cover about 4 districts that is Gulu, Pader, Kole and Oyam. The total length of the 33kv distribution power lines is approximately 220 kilometres and is broken down as follows; • 175 kilometres for Gulu-Acholibur with a tee off to Paicho-Patiko-Palaro • 45 kilometres for Opeta-Acokara with tea-offs to Iceme-Otwal The power lines along Opeta-Acokara cover 2 districts of Kole and Oyam. There are 8 sub counties, 16 Parishes and 46 Villages!LC1 cells. That of Gulu-Acholibur also covers 2 districts of Gulu and Pader, 49 Villages/LC1 cells. The 33kV distribution power lines are meant to run along the road reserves on the major roads. This minimizes the possibility of land take and subsequent relocation/displacement of Project Affected Persons. It is expected that there will be no displacement of Project Affected Persons (PAPs) under this project. The Rural Electrification Agency (REA) is the Lead Agency in the rural electrification sector and is therefore the principal arm of Government that is charged with the implementation of Rural Electrification projects. 14 The key activities associated with the construction of the two sets of Distribution lines is associated with: - >- Construction of line structures, accessories and conductors; >- Construction of the 33 kV Distribution Lines >- Clearing ofRight-Of-Way (ROW) as necessary along the Road Reserve; >- Construction or renting storage area/ facilities for the project materials This RAP study has been carried out in accordance with National Policies and Guidelines on RAP as well as the Donor Safeguard Policies including those of the World Bank (WB). The proposed 33kV Gulu-Acholibur and Opeta-Acokara Distribution lines project is in line with the National Rural Electrification Programme. Currently the affected villages have no source of electricity apart from occasional generators and solar power among a few people and entertainment centres. Most of the people in the affected area use paraffin for lighting with a significant number still using fuel wood for cooking lighting. The main economic activity in the area is agriculture and major crops grown include maize, sim sim and cassava. There is a lot of milling with local machines working on generators. The electricity projet will enhance this activity to make more efficient and will in turn boost agriculture. 2.0 PROJECT DESCRIPTION 2.1 Project Objective: The main objective of this project is to provide electricity to rural areas of Gulu-Acholibur and Opeta-Acokara roads in Northern Uganda which have hitherto not been on the Grid. In this regard, Trading Centres (TC) and Rural Growth Centres (RGC) along the Road will be supplied with transformers of different capacities based on the projected power consumption of the area. This is to be done in the context of the Energy for Rural Transformation Project under the Rural Electrification Agency (REA) in the Ministry of Energy and Mineral Development (MEMD). 2.2 Project area The line that will start from Gulu substation (at Laroo trading center) will run up to Acholibur. From this point the proposed 33kv line will run within the Road reserve on the right hand side and then with a Tee - off to the left at Laliya Trading centre leading to St. Pope John Paul's College. From that junction, the line will still run within the road reserve on the right hand side with service lines at most schools, trading and Health centers up to Patiko Sub county headquarters and then it will cross to the left up to Palaro Trading center. From Patiko, the line will then Tee-off to the right and it will run within the road reserve on the left hand side. The proposed 33kv line will run on the left hand side up to Acholibur save 15 for the case at Patiko prison where we propose the line to be shifted onto the right hand side of the road since there are many Eucalyptus trees to be affected on the opposite side. Iceme to Otwal: From this point the proposed 33kV line will run within the Road reserve on the right hand side and then crosses to the right hand side in different trading centers. The purpose of the proposed 33kV distribution lines is to provide electricity to rural areas in Northern Uganda which have hitherto not been on the grid. In this regard, trading centers along the roads will be supplied with transformers of different capacities based upon projected power consumption of the area. The assessment will be carried out in accordance with National Policies and applicable Guidelines of the Government ofUganda. 2.3 Project Description: With reference to the TOR in the Open Bidding Document, the project includes the following distribution power lines; i) Gulu-Acholibur and tee-offto Paicho-Patiko-Palaro (175Km), ii) Opeta-Acokara and tee-offto Iceme-Otwal (45Km), The total length of the proposed power lines will be 220km that will be broken down as follows; 175 km running through Gulu-Acholibur with a tee off to Paicho-Patiko- Palaro, 45km running from Opeta-Acokara with a tee-off to Iceme-Otwal. The proposed construction of the distribution line is associated with: • Construction ofLine structures, accessories and conductors; • Clearing of right- of- way • Constructing of the low voltage reticulation for the covered trading centers and Towns • Construction of workers' camps and storage facilities for the project materials. • Construction of the 33kv Distribution Lines from Gulu substation to Acholibur and from Iceme substation to Otwal. • Clearing of way leaves as necessary to allow construction of the power lines: As stated above, the purpose of the proposed 33 kV Project (230km) Distribution Line is to provide electricity to rural areas in parts of Northern Uganda which have hitherto not been on the Grid. In this regard, Trading Centres (Rural Growth Centres (RGC)) along the Road will be supplied with transformers of different capacities based on projected power consumption ofthe area. This RAP study has been conducted in accordance with National Policies and Guidelines on RAP as well as the Donor Safeguard Policies ofthe World Bank (WB). 16 2.4 Purpose and Scope of the Resettlement Action Plan (RAP) Under this project, relocation of people is unlikely because the distribution line is designed to be within the demarcated Road Reserve. It is also recommended that workers camps will not be constructed since this is a small size project requiring a relatively small workforce. Nevertheless compensation is likely to arise due to the following:- • Destruction of crops particularly perennial crops that may fall within the Wayleave or Right of Way (ROW) • Crops destroyed during the survey for the line • Distraction of fencing materials that may be impacted It is against this background that a RAP is being prepared That goal of the RAP is to minimize the negative economic and social impacts that arise from either Involuntary Resettlement (IR) or loss of property/ livelihood for the Project Affected/ Impacted Persons resulting in:- • Relocation or loss of shelter • Loss of assets or access to assets • Loss of income sources and livelihood This RAP therefore, is to provide guidance on how the Project Affected Persons (PAP) along the proposed Rural Electrification Project 33KV Distribution Line will be equitably compensated. By design, the distribution line will not lead to any dislocation of people or communities and the project therefore, is not mandated to compensate for land take as well as housing quarters. In view of the foregoing, the main objectives ofthis RAP are:- • To raise awareness of the project and its consequences among affected communities • To survey the route line and demarcate the position of the electricity poles • To establish the actual compensation costs necessary for those who may lose crops, trees and fruits and in some cases fencing materials • To prepare strategies to mitigate adverse socio-economic impacts and grievances • To ensure a smooth implementation of the RAP and overall electrification project in general. 3.0 POTENTIAL IMP ACTS (PROJECT AFFECTED AREAS AND POTENTIAL FOR RESETTLEMENT) A list of Project Affected Persons and the affected crops have been provided in Annex 2 (Valuers report). In addition, Strip maps of the affected areas are also provided in Annex 3- Surveyor's report). As already stated, the project area covering the entire stretch of the 220 kilometres; including Gulu-Acholibur and Opeta-Acokara not lead to land take because the proposed 33kV 17 Distribution Line will be confined within the Road Reserve. Houses, structures and Institutions have also been avoided although they will benefit from the power supply. 3.1 Gulu - Acholibur 3.1.1 Category and Impact on Land Affected By the Project 3.1.1.1 Categories of Land Land to be affected by construction and operation of the 33kV in the area will also be mainly within the existing Road Reserve which extends to 15 meters from the center of the road on each side and is traditionally under national policy known to be owned by the Government even though it may not been officially acquired by Government (Neither UNRA nor the respective Local Governments). Secondly, the approved Districts Compensation Rates of Gulu and Pader districts have been attached for ease of reference (Annex 4) these rates are the ones which were used to establish the compensation amounts. The dominant land tenure in the project area is customary I Kibanja tenure system. The Project Affected Persons (PAPs) however tend to confuse customary with freehold as they assume that customary land is "free"! There are no buildings/structures within the land where the line will pass. The community is also aware that the road reserve is normally available for community infrastructure and to be used for the common good. There are 558 PAPs under this line. 3.1.2- Impact on Structures Although there is no demarcated Road Reserve, the line is going to follow the present road alignment and within the space which is to be demarcated as the Road Reserve. Subsequently, no structures I buildings will be affected negatively. For this reason there will be no relocation of people. On the other hand the developments within close proximity of the line will be impacted positively through receipt of electricity. 3.1.3 Impact on People and Livelihoods People within the project affected area are eagerly waiting for the project because of the anticipated benefits for business and industry. The negative impacts of crop destruction will be adequately compensated. 18 3.1.4 Impact on Graves and Cultural Sites 3.1.4.1 Graves The directly impacted area is along the current road alignment, and no graves or burial grounds were identified there within. Besides it is the policy that if such a grave or burial site is encountered, then the location of the electricity infrastructure will be changed so as to avoid such a place of cultural significance. 3.1.4.2 Places of Worship and Cultural Sites No place of worship will be negatively impacted by the line. On the other hand they will benefit from the electric power provided under this project. A few listed under institutions will however lose some crops and trees. A few will lose fencing materials. No cultural sites were found within the Road Reserve along the current road alignment. 3.1.4.3 Crops and Trees Although the Road Reserve is supposed to be free of developments, there were many agricultural activities in most places along the Road Reserve and often within a few feet of the actual road. The seasonal crops are usually not compensated. The perennial crops which included Fruit Trees (e.g mango, Guava, oranges etc,) Commercial trees ( especially Eucalyptus, Graveria, etc .. ), Coffee trees, food crops ( e.g. bananas, Cassava .. ) and other trees will be compensated. It is also the policy that crops that were destroyed during the surveying exercise (although no reports of such crops were made) are compensated. In a few cases fencing materials are also impacted. 3.1.4.4 Summary of the Impacts In summary No other properties will be affected except crops, fruits, herbal trees, Bananas and other trees of either economic or cultural importance such as the bark cloth tree. In principal land will be affected except that this land is located within the prescribed Road Reserve area for which no compensation would normally be applicable. Besides the actual land to be taken will be a small portion needed for the distribution wooden poles. On the positive side, many RGCs and institutions will benefit from the acquired electric power. The discussions also revealed that the general community is excited about the construction of the power line especially in the trading centers. The following is illustrative: ' ... when we were informed about the power project we had to plan for Paralo Town Board (shows the plan), so that we could have a well planned town. There is going to be a lot of development because there is already an investor in Para/a and the Fourth Battalion is going to be relocated here. So with power I see a lot potential growth in our area" LCIII chairperson Paralo sub county An elder in Awach had this to say about the anticipated use of power, 19 "We shall attain better grade in our schools. Our children will easily go to school, and we shall establish boarding schools, so that they can read at night and compete with the Kampala children" An enteprenuer in Lacakocot had this to say; "We have a lot mangoes and oranges, if we get power we can establish juice extracting factories .... " Table 1 shows the proportion of the peoples who will be directly impacted by the power line (there is a bit of duplication since one person could be having as many plots or pieces of land).Table 2 shows a summary of the Institutions that will be directly impacted by the power line. The details of this compensation are included in the attached Valuers' report. Table 2: Proportion of Affected People Gulu-Acholibur Male 511 these will lose crops and trees Acholibur Females 47 These will lose crops and trees These will lose crops and Institutions 29 trees Churches 1 Primary Schools 10 Colleges/ Technicals/ 3 Secondary Schools Health Centres 7 Sub counties 5 Markets 1 Forest Reserves 1 Youth Education Park 1 The above table is graphically presented in Fig 2-2 below It is evident that most of the people who will lose crops and trees are men followed by a significant proportion of women. Institutions and groups/associations will also lose crops and 20 trees. In some cases PAPs will loose fencing materials that will fall within the ROW of the line. On the other hand they will benefit from the introduction of the power. A list of the Institutions, Schools/churches as well as associations that will be directly impacted by the development within the Gulu - Acholibur is provided under Table 2 below. They will all be compensated for the lost assets which are mainly trees, ornamental trees I shrubs, crops, fruits and in some cases fencing materials. No structures will be impacted. Table: Institutions/schools/churches impacted by Institution/industry Village/LC/cell Compensation 15% Total for trees and Disturbance crops allowance Paicho Good News Te-Olam 110,000 16,500 126,500 Church Laliya Primary School Keyi "B" 850,000 127,500 977,500 Bungatira Primary Layik 800,000 120,000 920,000 School St. Martin Primary Langwiny 230,000 34,500 264,500 School Oyuru Primary School Oguru 340,000 51,000 391,000 Jupa Primary School Go-Ogwiri 366,000 54,900 420,900 Angagura Primary Angagura 399,000 59,850 458,850 School Lacek-Ocot Primary Panyakawa 781,000 117,150 898,150 School Laguti Primary School Lapyem Central 160,000 24,000 184,000 Okinga Primary School Okinga Central 290,000 43,500 333,500 Acutomer Primary Acutomer South 624,000 93,600 717,600 School Universal Standard Iriyaga 180,000 27,000 207,000 Technical School Pope John Paul II Laliya Odwal 1, 785,000 267,750 2,052,750 College Atanga Mixed Panyakawa c 406,000 60,900 466,900 Secondary School Bardege Health Centre Keyi "B" 400,000 60,000 460,000 III Punena Health Centre Langwiny 110,000 16,500 126,500 Patiko Health Centre III Anyadwe 420,000 63,000 483,000 Cwero Health Centre Ajanyi 220,000 33,000 253,000 21 Angagura Health Centre Angagura 439,000 65,850 504,850 II Lagiti Health Centre Namirembe 80,000 12,000 92,000 Okinga Health Centre Okinga Central 160,000 24,000 184,000 Bungatira Sub County Laliya Oguru 240,000 36,000 276,000 Patiko Sub County Anyadwe 630,000 94,500 724,500 Awach Sub County Payuta 700,000 105,000 805,000 Angagura Sub County Angagura Central 80,000 12,000 92,000 Laguti Sub County Namirembe 320,000 48,000 368,000 Cwero Market Ajanyi 600,000 90,000 960,000 Cwero Forest Reserve Ajanyi 760,000 114,000 874,000 Youth Education Park Oboni 90,000 13,500 103,500 3.2 Opeta -Acokara line As was the case for Gulu-Acholibur line, Land to be affected by construction and operation of the 33kV in the area will also be mainly within the existing Road Reserve which extends to 15 meters from the center of the road on each side and is traditionally under national policy known to be owned by . the Government even though it may not been officially acquired by Government (Neither UNRA nor the respective Local Governments). Secondly, the approved Compensation Rates for the respective Districts of Kole and Oyam have been used to establish the compensation amounts. The dominant land tenure in the project area is customary I Kibanja tenure system. The Project Affected Persons (PAPs) however tend to confuse customary with freehold as they assume that customary land is "free"! There are no buildings/structures within the land where the line will pass. The community is also aware that the Road Reserve is normally available for community infrastructure and to be used for the common good. There are 657 PAPs under this line. 3.2.2 Impact on Structures Although there is no demarcated Road Reserve, the line is going to follow the present road alignment and within the space which is to be demarcated as the Road Reserve. Subsequently, no structures I buildings will be affected negatively. For this reason there will 22 be no relocation of people. On the other hand the developments within close proximity of the line will be impacted positively through receipt of electricity. The main beneficiary will be the RGCs and towns I Trading centres along the Road 3.2.3 Impact on People and Livelihoods As discussed above, the negative impacts are not indicated. On the other hand the communities along the proposed line have been waiting and expecting the introduction of Electric Power in their respective Sub Counties and Parishes. They are eager to have the electricity because of the many developmental opportunities it comes along with. These are all positive impacts and the community is expecting to have improved levels of livelihood due to the introduction of electricity in their local areas. The institutionslike schools and health units will have power which will allow them to operate better at night. 3.2.4 Impact on Graves and Cultural Sites 3.2.4.1 Graves The directly impacted area is along the current road alignment, and no graves or burial grounds were identified there within. Besides it is the policy that if such a grave or burial site is encountered, then the location of the electricity infrastructure will be changed so as to avoid such a place of cultural significance. 3.2.5 Places of Worship and Cultural Sites in the Northern Region No place of worship will be negatively impacted by the line. On the other hand they will benefit from the electric power provided under this project. However some churches will lose some crops and trees. The list of institutions is shown under Table 3 below. A few will lose fencing materials. As was the case for the Gulu-Acholibur line, no cultural sites were found within the Road Reserve along the current Road alignment. 3.2.6 Crops and Trees Although the Road Reserve is supposed to be free of developments, there were many agricultural activities in most places along the Road Reserve and often within a few feet of the actual Road. The seasonal crops are usually not compensated. The perennial crops which included Fruit Trees (e.g mango, Guava, oranges etc,) Commercial trees (especially Eucalyptus, Graveria, etc ... ), Coffee trees, food crops (e.g. bananas, Cassava ... ) and other trees will be compensated. It is also the policy that crops that were destroyed during the surveying exercise (although no reports of such crops were made) are compensated. In a few cases fencing materials are also impacted. 23 Summary of the Impacts within the Northern Region In summary No other properties will be affected except crops, fruits, herbal trees, Bananas and other trees of economic importance. In principal land will be affected except that this land is located within the prescribed Road Reserve area for which no compensation would normally be applicable. Besides the actual land to be taken will be a small portion needed for the distribution wooden poles. On the positive side, many RGCs and institutions will benefit from the acquired electric power. Table 3 shows the proportion of the peoples who will be directly impacted by the power line.Table 4 shows a summary of the Institutions that will be directly impacted by the power line. The details ofthis compensation are included in the attached Valuers' report. Table 3: Proportion of Affected People and Institutions along Opeta -Acokara line Opeta-Acokara Opeta- Male 602 These will lose crops and trees Acokara Females 55 These will lose crops and trees These will lose crops and Institutions 24 trees Churches/ Missionary 8 Institutions Nursery/Primary 11 Schools Colleges/ Technicals/ 1 Secondary Schools Health Centres 3 Sub counties 1 Town Council 1 24 The above table is graphically presented in Fig 2-2 below It is evident that most of the people who will lose crops and trees are men followed by a significant proportion of women. Institutions and groups/associations will also lose crops and trees. In some cases PAPs will loose fencing materials that will fall within the ROW of the line. On the other hand they will benefit from the introduction of the power. A list of the Institutions, Schools/churches as well as associations that will be directly impacted in the Opeta-Acokara line is provided under Table 4below. They will all be compensated for the lost assets which are mainly trees, ornamental trees I shrubs, crops, fruits and in some cases fencing materials. No structures will be impacted. Table: Instituitons/Schools/Churches Institution Village!LC/cell Compensation for 155 Total trees and crops Disturbance allowance St. Joseph's Chapel Te-Akwar 112,000 16,800 128,800 St. James C.O.U Te-Akwar 60,000 9,000 69,000 AwioC.O.U Awio "A" 76,000 11,400 87,400 Bar-Romo Catholic Bar-Romo 300,000 45,000 345,000 Church St. John c.o.u Koto-Dinga 195,000 29,250 224,250 Angalo St. Daniel Comboni Bar-rio Trading . 3,370,000 505,500 3,875,500 Bar-rio Centre St. Paul Aduk Lell 15,000 2,250 17,250 St. Micheal Otwal Otwal Trading 67,000 10,050 77,050 c.o.u Centre "A" Braco Nursery Atek 3,588,000 538,200 4,126,200 School Okole Primary Te-Akwar 240,000 36,000 276,000 School Awio Primary Awio "A" 60,000 9,000 69,000 School Omiri Primary A guru 105,000 15,750 120,750 School Bar-Romo Primary Bar-Romo 16,000 2,400 18,400 School Aleka Primary Acekene 20,000 3,000 23,000 School 25 Angalo Primary Koto-Dinga 240,000 36,000 276,000 School Acokara Primary Acokara Central 1,400,000 210,000 1,610,000 School Bar-rio Primary Aduk Lell 1,005,000 150,750 1,155,750 School Onoro Primary Roc-Pacu 690,000 103,500 793,500 School Opeta Primary Mat-Imedi-Ikiti 200,000 30,000 230,000 School Otwal Secondary . Kot-Dinga 480,000 72,000 552,000 School Okole Health Te-Akwar 10,000 1,500 11,500 Centre III Aboke Health Aboke 360,000 54,000 414,000 Centre Otwal Health Te-Yao 100,000 15,000 115,000 Centre III Otwal Sub County Otwal 140,000 21,000 161,000 Kole Town Te-Akwar 380,000 57,000 437,000 Council 4.0 SOCIOECONOMIC STUDIES (LIVELIHOOD INFORMATION) As already indicated, the proposed Rural- Electrification- Project 33 kV Distribution Line starts from Gulu substation (at Laroo trading center) and will run up to Acholibur. From this point the proposed 33kv line will run within the Road reserve on the right hand side and then with a Tee - off to the left at Laliya Trading centre leading to St. Pope John Paul's College. From that junction, the line will still run within the road reserve on the right hand side with service lines at most schools, trading and Health centers up to Patiko Sub county headquarters and then it will cross to the left up to Palaro Trading center. From Patiko, the line will then Tee-off to the right and it will run within the road reserve on the left hand side. The proposed 33kv line will run on the left hand side up to Acholibur save for the case at Patiko prison where we propose the line to be shifted onto the right hand side of the road since there are many Eucalyptus trees to be affected on the opposite side. Iceme to Otwal: From this point the proposed 33kV line will run within the Road reserve on the right hand side and then crosses to the right hand side in different trading centers. Villages affected by the project, arranged by districts, sub-counties and Parishes. Gulu-Acholibur: 26 GULU DISTRICT SUBCOUNTY PARISH VILLAGES CONTACT PERSON Bardege Kasubi KeyiA Opio Gitara KeyiB 0782663188 Laroo Bwonagweno Otema Alfred 0782167164 Municiparity Iriyaga Iriyaga Acelam George 0782237983 Bungatira Laliya Laliya Oguru Nyeko Johnson Laliya Odwal 0782687567 Agonga Layik Oloya Gori Twonokun 0712006251 Atyaba Panykworo OcenDenis Ayac 0782778935 Punena Langwiny Gitara Milton Lukodi 0771825155 Patiko Kal Patalira Opobo Simon Anyadwe 0772983599 Awalabworo Patwol Palaro Owalo Lug ore Odong Joseph 0715455638 Awach Paduny Paromo Acire Francis Payuta 0778895596 Pukonyi Oguru Omonya Jimmy 0782901192 Paicho Kal-Umu Conner Arnone Richard 0792996145 Kal-Alii Te-Olam Ajok Alphonse 0782901192 Pagic Ajanyi O'la John0792047505 Pagui Dwere OkotJimmy 0716947528 P ADER DISTRICT Angangura Kal-Awinya Go-Ogwiri Komaketch John Angagura 0782723668 Pucota Ogom Kalama Charles Akuyam 0779705892 A tang a Lawiyadul Alokolum Ojara Godfrey Oboni Walter Lawiyadul "A" 0775590399 Lawiyadul "B" 27 Goyani Berjwara Ookot Peter Wigweng Kal Central Ward "A" Opera Michael Central Ward "B" 0791798890 Panyakawa Laguti Payibwor Tungtwon Ochan Simon 0783054600 Pakayo Lokaloyee Lapyem Lapyem Central Lam Keneth Namirembe 0777324696 Acholibur Wigweng Otwak Ochongo Savirio Acutomer South Ogago Lageng Opera Chnon 0777758388 For the Opeta-Acokara line the following are the Sub-counties and villages affected. Opeta-Acokara: KOLE DISTRICT Parish Sub-county Name ofVillage/LCl Cell Contact Person Eastern Word Wigweng Kole Town Te-Akwar Lanyero Night Council Ateki 0785543591 Aboke Aboke Health Centre IV Akera Ceasor 0775627270 OY AM DISTRICT Awio Awio "A" Langoja Bob Oguta Awio T/Centre 0777320039 Awungu Akaidebe Acokcan Omwiri Abako Odworo Ice me Arindo-Dyang Odoki George Ataparoma 0775674543 28 A guru Okii Balwala Dicunyi "B" Balwala Alege Can-Omonanino Otwal TIC "B" Otwal Anger Orem Alubino Anuku gungu Koto-Dinga Ajulu Awei-kwo Aleka Acekene Ajulu Bar-Romo Anuku gungu Abed-Dumu Aleka Ader Ader Nekrach Ben 0772997867 Acokara Bar-Omio Ayamo-Kuta AOL-Kedi Acke-Lari Acokara Central Acokara "A" Bar-Ario "A" Otwal Bar-Rio TIC Onen Denis 0798201112 Bar Ario Aduk Lela-Acol AbokTIC Kitara Goerge 0774850019 Opeta Roc-Pacu A coto Bari-Ibati Be-Loko Aboke Mat-Imedi-Ikiti Onyata Sorea Aleka Bar-Olik Okii Oguk Bar-Nyalo Otwal TIC "A" Opira Mike Choundry Otwal Te-Yao 071504745 Aleka Acan-Akwor Okello Sebastian The most significant number of affected persons will be positively impacted by receiving the much awaited for electric power. As the line will follow the present road alignment (Road 29 Reserve), the only impacts will be loss of crops and trees that fall within the Right of Way (ROW) of the line. In some cases fencing materials will also be lost. Methodology for Consultation A team composed of Surveyors, Sociologists, and the Valuers was mobilised and sent to the field with the main objectives of: • Sensitizing the Project Affected Persons (PAPs) regarding the detailed survey, valuation and possible compensation for crops and trees; • Conducting a social economic study within the project area; • Seeking the views ofthe PAPs on the compensation procedures. Below is a detailed report on the progress of these consultations. 4.10verview of the meetings Various discussions were held with Officers in REA, Ministry of Lands, Housing, Land and Urban Development, Chief Government Valuer, District Physical Planners (Gulu,Pader,Oyam and Kole) and Town Planners, Local Council Officials (LCV-1). Comprehensive consultations were held with communities along the alignment, during the environmental and social impact assessment phase and the preparation of this RAP. The discussions centred on the current development, anticipated negative and positive effects plus mitigation measures. ·In both areas, the PAPs were briefed on the proposed 33 kV Distribution Lines that would affect people who have activities within the Road Reserve or close to the present Road alignment. They were also briefed on the basis of the assessment procedure, compensation and methodology to be used in data capture. The PAPs were given chance to ask questions which were answered and enabled them to gain confidence in the project. The PAPs and LCI officials were requested to participate in the identification of affected crops, trees and land. Minutes of the sensitisation meetings are attached as Annex 5 and Annex 6 for Gulu- Acholibur and Opeta-Acokara. 4.1.1 Timetable During the first week of February 2012, a timetable for the sensitisation exercise covering the four Districts of Gulu, Acholibur,Kole and Oyam was prepared by the team in close collaboration with the Sub County leadership. Local Council 1 leaders were most instrumental in proposing appropriate timing and venues of the meetings and in the mobilisation of the Project Affected Persons to attend the said meetings. 30 On the whole, it should be noted that the team received overwhelming support and cooperation from the local leadership. Below are the photographs showing some ofthe scenes during the sensitisation exercise. A sample of Photographs taken during the meetings 4.1.2 Notification of Meeting Dates and Venues Introductory letters from REA were delivered by team members to the district and Sub County headquarters after which a schedule of meetings was prepared in consultation with the district and sub county leaders. Having fixed the venues and meeting days/times, the local councils in the area undertook to inform the communities about these meetings. This was done to ensure that the LC can mobilise in time and prepare effectively for the meetings. 31 Meetings At the sensitisation meetings, the Team Leader would introduce his/her team and the subject matter to be covered. The language used was always Acholi with some interjections in English. The list of the contacted people is below; Y Information provided by the Social Team The Social Team explained the social component particularly as it related to the human factor at the design stage, during implementation and during the operational phases of the 33 kV Distribution Line. In particular the following were highlighted: - • That the surveyor would demarcate the 33 kV Distribution Line on the ground; • That the names picked by the surveyor would be the same names picked by the social team as well as the valuation team to ensure that all the data on PAPs is harmonised. • That it was planned later to administer a questionnaire capturing all information on the affected households. • That PAP should provide their views which the team would capture and would be used in the RAP. Y Information provided by the Survey Team The Land Surveyor explained to the PAPs the likely position of the 33 kV Distribution Line. He further explained as follows: - • The Line must be within the Road Reserve or along the present road alignment; • That once pegs and or mark stones are put in place, they are not to be removed for any purpose; • That both customary and registered title owners would be asked to identifY their land where the proposed 33 kV Distribution Line will pass; Y Information provided by the Valuation Team The Valuation team briefed the PAPS and informed them as follows: • That the Valuation Survey Team was going to value all properties within the 33 kV Distribution Line ROW which property was mostly crops and trees; • That while conducting the valuation, updated Respective District Compensation Rates and Current market values would be used; • That seasonal crops will not be considered except where the survey destroyed them while determining the line; • That the Cut Off date to commence immediately after valuation of property for each household. • That 15% disturbance allowance to the PAPs would be paid for a notice of more than 6 months while 30% for less than 6 months; 32 • That Disclosure and Identification will be done prior to payment; • That payments will be effected before execution of the project; • That there would be a grievance committee to be set up to deal with complaints from the PAP; • That failure to resolve issues at local levels would lead to appeal to Courts of law; and • That transparency will be paramount in all the three activities for the RAP. In summary, while conducting the study, the methodology used had a number of approaches that were used which are as follows: - • A review of the development partner in particular the World Bank Guidelines and Safeguards, and the Uganda Government Policy on resettlement was conducted. A comparison between the Uganda Government policy and that of the donors was done and ways of bridging the gaps were proposed. • Consultations with the Local Government Officials as well as local leaders at the Sub county and Parish levels. • Questionnaire: A questionnaire was used on each of the affected people in order to assess the livelihood status of the community. Both men and women were served with the questionnaire covering all the PAPs. A copy of the questionnaire is attached as Annex 6. And the list of contacted persons including the Local Government officials is attached as Annex 7 • Census: An actual census of the PAP was conducted. Here three teams were used which included the sociologists' team, the Survey team and the valuation team. );> The survey team moved a head delineating the areas to be impacted and providing markings that were used by the valuer and social team. );> The valuation team counted and valued all the affected properties which were mostly crops and trees. );> Finally the social team served the PAPs who were present with a questionnaire to help them analyse the livelihood. 4.1.4 Stakeholder Analysis In order to develop an effective stakeholder involvement programme it was necessary to determine exactly who the stakeholders are, basing on the definition that a stakeholder is "any individual or group who is potentially affected by a project or can themselves affect a project". The main stakeholders identified were the respective Sub County Local Governments Administration right from the grassroots, at village level. The District Officials were also contacted and other stakeholders. 33 Table 4: Stakeholder landscape for the Gulu-Acholibur with tee-off to Paicho-Patiko- Palaro and Opeta-ACOKARA and tee off to lceme-Otwal 33KV Distribution Line Construction 1 Ministry of Energy Provides Policy to Electricity and Mineral guidelines on energy implement Act Development Energy activities within National production, Use, Uganda Policies on and management Power in Uganda; Production and Transmission 2 Uganda Rural Developer and Well prepared Limited Electricity Electrification overall in charge to distribute the resources to Act Agency of the Electricity power in the buy and Distribution rural areas distribute the project power to rural areas. 3 National Ensures Will support Blind National Environment Environmental environmental application of Environment Management Compliance and compliance for the law Act Authority (NEMA) regulates the benefit of without activities that all stakeholders considering affect the mitigation environment; factors 4 Local Governments Administrative Has capacity to The Local Local of Gulu, Oyam, Kole Units to provide mobilize Government Government and Pader enabling communities as displeasure Act 1997 environment for well as can translate the project at overseeing any to project local level grievance that failure might arise 5 Ministry of Lands, Survey and Facilitates land Can The Land Act Housing and Urban Valuation of transfer and overestimate Cap 227, Development properties and or compensation if or Constitution, (MLUHD); compensation necessary underestimate and the values Compensation distorting the Policy market 34 6 Ministry of Water Responsible for Supports Blind National and Environment the environmental application of Environment environmental compliance for the law Act Cap 153 concerns the benefit of without including all stakeholders considering wetlands, water mitigation bodies and factors Natural resources; 7 Project Affected This includes all The PAPs could PAP may Project is Persons (PAP) along the PAPs who improve threaten within their the proposed line in will be impacted livelihood by workforce for area. the Districts of Gulu, to some degree; taking lack of public Oyam, Kole and advantage of relations. Pader the project. 8 Contractor and His In charge of the To ensure Failure to be Contract /her team construction compensation sensitive to documents I Works and before work ; community specifications overall project legitimate Implementation; concerns; This project has minimized the need for relocation by passing the Line through the already demarcated road reserve. This is in Line with the WB and IFC requirements. Where compensation will be indicated, all the stakeholders will be consulted including the Chief Government Valuer in the Ministry of Lands, Housing and Urban Development (MLHUD) who is responsible for approving District compensation rates. A copy of these rates is available at every District along the lines to provide the initial estimate for compensation rates. 4.2 Socio Economic considerations 4.2.1 Social Economic Conditions I Activities of the Project Area The dominant economic activity in the project area is farming with residents growing crops and tending to animals. The majority (98.4%) grow seasonal crops including cassava, beans maize at the both for commercial (69.7%) and domestic consumption (76.9%). This implies that in case of affecting crops there will not be much loss since the crops are seasonal and affected person (s) will be given time to harvest the crops before the construction works begin. They just need to be informed and they harvest their crops. This requires communication and patience on part of the project implementers. "We are engaged in farming activities in crops like maize, suriflower, beans, and cassava. We are also engaged in small scale activities like animal rearing (chicken, cattle, pig)" (FGD). 35 Crop growing is supplemented with animal and bird rearing which is also done on a subsistence level. Poultry was the most kept item with 74.9% of the respondents rearing chicken this was followed by goat rearing accounting for 68.1%% and cattle keeping (45.5%). 4.2.2 Land tenure Although the land tenure system in these regions is predominantly customary it was also established that 93.2% of the respondents owned land and this was either as land lords (92.5%), tenants (2.7%) and licensee (4.8%). The majority (52.2%) own between 1-5 acres, and those between 6-10 acres are 21.2%. the majority ofthe farmers have utilized between 1-5 acre ofland (70.2%). 4.2.3 Population ·Dynamics The project is mostly in the District of Gulu, Pader, Kole and Oyam. Both men and women were targeted as the head of the household respondent. A total of 191 respondents were randomly selected and interviewed1, of which 68.6% were male and 31.4% were females. Although women were interviewed as representatives of the household 83.2% of all the households visited were male headed households, compared to 15.7% were female headed households. This reflects the country patriarchal arrangement where most household are headed by men, nationally 70.1% of the households are male headed and 29.9% female headed households (Uganda Demographic Health Survey 2006). The qualitative data shows that men and women may sometimes be engaged in the same activities but their roles differ. There is observed gender inequality in the communities. Men are more superior than women at household level and their voices of women are not heard and once in a while there is Gender based violence when men beat up women. However, there are no programs to support men and women although they have formed groups. The qualitative data shows that men and women may sometimes be engaged in the same activities but their roles differ. There is observed gender inequality in the communities. Men are deemed more superior than women at household level and their voices of women are not heard and once in a while there is Gender based violence. However, there are no programs to support men and women although they have formed groups. 4.2.4 Demographic Information During the social survey for powerlines, household heads across the entire project area were interviewed. The survey and valuation teams identified 1,215 PAPs (558 for Gulu-Acholibur and 657 for Opeta-Acokara) some of whom were absent and could not be directly interviewed. In such cases the person next of kin signed the forms of those PAPs who were 1 191 respondents were interviewed using a structured questi anna ire 36 absent. In addition chairman LC 1 signed on every form.During the social survey, both men and women were targeted as the head of the household respondent. 4.2.5 Human Settlement Patterns In general, settlement patterns within the area are not planned as is the case in most of Uganda's rural areas. Most of the project area is within a rural setting although the majority of the houses are either semi permanent or permanent. The houses are scattered around the different farming villages and are mostly grass thatched and few of iron sheet roofs. The main centres to benefit include: - • Laroo trading center • Laliya Trading centre • St. Pope John Paul's College • Patiko Sub county headquarters • Palaro Trading center 4.2. 6 Land use and Economic Activities The dominant economic activity within the project area is subsistence agriculture followed by animal husbandry. The majority (98.4%) grow seasonal crops including cassava, beans maize at the both for commercial(69.7%) and domestic consumption (76.9%) . This implies that in case of affecting crops there will not be much loss since the crops are seasonal and affected person (s) will be given time to harvest the crops before the construction works begin. They just need to be informed and they harvest their crops. This requires communication and patience on part of the project implementers. 4.2. 7 Sources of Income It was established that the majority of respondents were engaged in trading/business owner (18.8%) as a major economic activity (mostly practiced in trade centres). Other economic activities include employed with a salary (15.7%) kiosks/small shop (11 %) sale of agro/fish products (6.8%). This is illustrated in the figure below. 37 %ge 40 35 30 15 10 5 0 Kiosk/small Sale of Not Trading Other with' a shop Fish employed /Business sJIJry Products owner It was established that among "Others" the majority are farmers (21.5%). 4.2.8 Affected Crops/Trees, Buildings and Structures: A valuation of all the affected crops I Trees (properties) is attached which is also in the Valuer's report. From this list crops, trees and in some cases fencing materials valued at Uganda Shillings341,214,550/=have been valued. For compensation purposes a 15% disturbance allowance of Uganda Shillings 51,123,083/=has been added bringing the total compensation package for the project area to Uganda shillings 391,943,633/=.. There is no land take since the Distribution line is within the Road Reserve. A list of owners for crops and trees along the 33 kV Distribution Line is as prepared by the valuation team presented and will be maintained at the District headquarters of all districts well as at the respective sub County headquarters within the two districts. From the compensation figures the majority of the PAPs will get below shillings 200,000. Some institutions and the rest of the PAPs will get beyond the 200,000 shillings. For those earning 200,000 shillings or less, it may be acceptable if the PAPs are paid cash compensation rather than through a bank account. Many of these people do not have a bank account and opening one which they may not regularly use will not be appealing to them. For those who will get beyond that amount, it is proposed that they be paid through a bank account.On the other hand, institutions should be paid by cheque or bank transfer to reduce the possibility of misappropriating public funds. 4.2.9 Vulnerable Groups According to the survey conducted, there are no people who will lose land or structures and there will be no relocation. The possibility of vulnerable groups losing their accommodation or livelihood was therefore not a concern during this survey 38 However, the discussions revealed that there are disabled groups mainly the aged, the child mothers and child headed households. The vulnerable mostly are a result of the recently concluded war both in Lango and Acholi region (Kony war). But the vulnerable are more evidenced in the districts Pader and Gulu. 4.2.10 Household assets The survey collected information on the household's ownership of selected assets that are in themselves believed to have a strong association with poverty levels. Most of the households visited had a radio represented by 76.4%%. This percentage is slightly higher than the National percentage that stands at 61% for radio ownership. For transport means 77.5% of the households visited owned a bicycle which is a higher percentage compared to the National average that stands at 38% (Uganda Demographic Health Survey 2006). Only 17.8% of the respondents owned a motorcycle which is slightly above the national average of 3%. Another very common asset owned by the households visited was the mobile phones accounting for 34.6%. Other assets that included refrigerators and television sets were not very common as the areas visited were rural with no electricity supply, but with the use of other source of energy like solar, generators, the fridge accounted to 4.7% and mills accounted to 2.1%. 5.0 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK (IMPLEMENTATION ARRANGEMENTS) This Resettlement Action Plan is guided by both the National and the Donor Safeguard Policies coupled with existing National Laws and Institutional arrangement as they relate to compensation and resettlement. 5.1 Policy Framework: It is the Uganda Government Policy that persons affected by development projects such as the proposed 33kV Gulu-Acholibur and Opeta-Acokara distribution lines for the Rural Electrification Project be adequately compensated for their structures, crops and loss of livelihood. For the case of this project the main compensation will cover crops, trees and in some cases fencing materials only that fall within the Road Reserve and or the ROW where the line is going to pass. The others will not be affected. There is in place an elaborate Institutional and Legal Framework to ensure compliance with the Policy requirements. 39 Furthermore, funding agencies (World Bank,) have their own Safeguard Policies and Directives (e.g. OP 4.12) regarding resettlement and loss of livelihood due to displacement of persons. For neutrality and transparency in the execution of the RAP, it is necessary to engage Community Based Organisations (CBO); where they exist and acceptable to the affected people; to oversee the compensation process to ensure that those displaced receive fair compensation and be assisted to improve their livelihoods and standards of living. This principle is in line with the World Bank's Involuntary Resettlement Policy (OP 4.12). In this project however, the magnitude of compensation is small such that direct payments to PAPs has been proposed for most of them. Those earning above 200,000 shillings may be paid through the bank. 5.2 Institutional Framework 5.2.1 General REA is responsible for triggering off this RAP. Although there will be no cases of involuntary resettlement and relocation, it is useful to take note of the three main factors involved in carrying out compensation/resettlement where involuntary relocation or resettlement is inevitable. These are the Ministry ofLands, Housing and Urban Development (responsible for Compensation), Lead Agencies/Ministries and in this case the Rural Electrification Agency (REA) and the Donor Agency I Development partner for Donor- Supported Projects to ensure compliance with Donor Safeguards. In addition, the respective Districts Administrations (Local Governments within the Northern region) as well as the sub counties' administrations will be involved in the proposed compensation efforts until the successful completion of the resettlement. 5.3 Legal Framework: As stated above, there will be no land take since the line will be restricted/confined to the Road Reserve and mostly along the present Road alignment. Nevertheless, for completeness of this report it is important to take note of the fact that for land take and displacement of people, specific attention is drawn to the 1995 Constitution and other Laws of Uganda, including the land (Amendment) Act (2004)- Cap 227 and the electricity Act (1999) as well as the relevant Funding Agencies' Policies and Guidelines. 40 The 1995 Constitution and the Land Act Cap 227: The Uganda Constitution (1995): Article 237(1) of the Constitution vests all land in Uganda in the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government may acquire land in the public interest. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure regimes in accordance with which rights and interest in which land may be held (Customary, Leasehold, Mailo, and Freehold). It provides procedures to follow during the acquisition of land in the public interest and provides for the "prompt payment of fair and adequate compensation" prior to taking possession of land. The Constitution however does not make resettlement a right. The constitution ofthe Republic ofUganda creates for Government and local Authorities as a statutory power of compulsory acquisition of land in the public interest, and makes provision ,inter alia, for the prompt payment of fair and adequate compensation prior to the taking of possession of private property. Such compensation is assessed in accordance with the valuation principles laid out in section 78 of the Land Act. 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 all land in citizens ofUganda, to be held under customary, freehold, Mailo or leasehold tenure systems. However, the Land Act provides for Acquisition of land or right to use land for execution of public works. 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: 1. 30% of the compensation amount if quit notice is given within 6 months. 2. 15% of the compensation amount if quit notice is given after 6 months. The constitution defines four land tenure regimes for Uganda. These are customary, Leasehold, Freehold and Mailo land .tenure systems. Although the land is owned by the citizens of Uganda this project will not affect land ownership since the lines are going to pass through the already demarcated road reserves without the need to compensate for the Land The Land Act (1998) and as amended (2010): This Act addresses land holding, management control and dispute resolution. The developer should seek to enter into mutual agreement with the occupier or owner of the land upon payment of compensation. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC) and the District Land Boards (DLB). Section 78 of the Act gives valuation principles for compensation (i.e. compensation at depreciated replacement costs for rural properties and market values for urban properties) which principles have been followed during the valuation exercise. 41 The Act provides for the tenure, ownership and management of land. It recognises customary tenure as a form ofland holding (section 4(1)) and thus places customary tenants in a position of ownership of land unlike the Land Reform Decree, 197 5, that made them tenants at sufferance. Section 28 stipulates that any decision taken in respect of land held under customary tenure, whether in respect of land held individually or communally shall be in accordance with the custom, traditions and practices of the community concerned. Customs that ensure access to water can therefore be invoked to protect this particular right. Furthermore, provision is made for communal land associations which may be formed for management of land whether under customary law or otherwise (section 16). Such Associations may set aside land for such common uses as grazing and watering livestock, and such other purposes as may be traditional among the community using land communally (section 24). The Act recognises other forms of tenure namely Freehold, Mailo and Leasehold (Section 3). The Act provides for bonafide occupancy and defmes a bonafide occupant as a person who is not the title holder or customary tenant of the land he occupies and has enjoyed undisturbed occupancy of the land for 12 years or more. Any person who owns or occupies land under any tenure must manage and utilise that land in accordance, inter alia, with the National Environment Act, Cap 153, the Water Act, Cap 152 and any other relevant law (section 44). The Government and Local Government shall hold in trust for the people and protect natural lakes, rivers, ground water, natural ponds, natural streams and wetlands for the common good of the citizens ofUganda (section 45(1)). The Act provides for the compulsory acquisition of land for public purposes. The land owner must be compensated. The occupant of land would be compensated for the value of their chattels. In instances where there are bonafide occupants on land, compensation would have to be made to both the land owner and the bonafide occupant. The Local Government Act (1997): The Local Government Act (LGA) was enacted to give effect to the policy of decentralisation and devolution of functions, powers and services; and to provide for decentralisation at all levels of local government to ensure good governance and democratic participation in, and control of decision making by the people. The Local Government Act provides for the system of Local Governments, which is based on the district. Under the district there are lower Local Governments and administrative units. This system provides for elected Councils. The chairman nominates the executive committee of each council. The functions of this committee include: • Initiating and formulating policy for approval of council; 42 • Overseeing the implementation of the Government and Councils' policies, and monitor and coordinate activities of Non-Government Organizations in the district; and • Receiving and solving disputes forwarded to it from lower local governments. According to the second schedule to the LGA, the Central Government is responsible for water resources and the environment (Part I, Second Schedule of the Local Government Act). The Lower Local Government Councils (sub-county or division) are responsible for the protection and maintenance of local water resources (Part 4). It is the function of the various executive committees, including the parish or Kashozi executive committees, to generally monitor projects and other activities undertaken by government, local governments, and non-governmental organisations in their area (section 50(8)). The Respective Local Governments have a mandate to monitor this 33 kV Distribution Line project (within their areas ofjurisdiction) in line with the Local Government Act. Land Acquisition Act (1965): 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 moved or that alternative land is made available or bought. Each affected person is entitled to compensation; on receipt of his/her compensation is expected to move and has no further claim. 43 The Judicature Act: Customary law is stipulated under the Act as law applicable in Uganda though it is subordinate to written law. Further the custom in issue should not be repugnant to natural justice or equity. Some customary laws recognize the importance of maintaining clean water sources particularly for drinking water. There are cultural practices that recognize the value of the common good which could be harnessed. National Environment Act Cap 153: The objective of the Act is to provide for sustainable management of the environment and to establish an Authority as a coordinating, monitoring and supervisory body for that purpose. The National Environment Management Authority (NEMA) is established under the Act as the Principal Agency in Uganda responsible for the environment. "Environment" is defined in section 2 as the physical factors of the surroundings of human beings including air, land and water. NEMA is required to ensure the integration of environmental concerns in overall national environmental planning through co-ordination with the relevant ministries, departments and agencies of government; and initiate legislative proposals, standards and guidelines on the environment in accordance with the Act. NEMA is mandated to ensure the observance of proper safeguards in the planning and execution of all development projects, including those already in existence that have or are likely to have a significant impact on the environment. A project is defined to include policy. In similar vein, NEMA shall review and approve environment impact assessments and statements submitted in accordance with the laws ofUganda. As a result of this, NEMA is a key stakeholder in the resettlement process. The Water Act, Cap 152: According to its long title, the purpose of the Water Act is to provide for the use, protection and management of water resources and supply; to provide for the constitution of, and facilitate the devolution of water supply and sewerage undertakings. The objectives ofthe Act include the promotion of the rational management and use ofthe waters of Uganda through application of appropriate standards and techniques; and the coordination of all public and private activities which may influence the quality, quantity, distribution, use or management of water resources. Promotion of the provision of a clean, safe and sufficient supply of water for domestic purposes to all persons is a major objective (section 4 Water Act). "Domestic use" of water is defined in section 2 of the Act to include use for the purpose of basic human consumption; watering not more than thirty livestock units, (approximately 43 cattle or 50 horses or 75 donkeys or 200 goats or 200 sheep or a mixture of these animals); subsistence 44 agriculture, and watering a subsistence fish pond. The . National Water Policy makes provision of water for domestic use a priority. The policy categorically states that in allocating water, domestic needs of a community should be Reserved within the available water resource. Resettlement activities will comply with the Water Act in as far as relocation of persons and their livestock are concerned. Under Section 39 of the Land Act Cap 227 (Restrictions on transfer of land by family members) the rights of children and spouses are protected. The consent of spouse and children must be acquired prior to any transaction on land on which the family ordinarily resides by the head of household. The Act under this section 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,. pledging, mortgage, 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 ofthe dependent children of majority age; • in the case of land on which the person ordinarily resides with his or her dependent children below the age of majority, except with the prior written consent of the Committee2 ; and • 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 ofthe Committee. '"Committees "are defined under Section 65 of the Land Act; they are Parish Land Committees. 45 The law however stipulates that consent shall not be unreasonably with held. Moreover, the spouse or children of majority age, not being the owners of any land to which subsection (1) applies, may lodge a caveat on the certificate of title or certificate of customary ownership of the person who is the owner of the land to indicate that the property is subject to the requirement of consent under subsection (1 ). The Local Government Act, 1997: The Act empowers the Local councils to oversee the performance of persons employed by the Governrnent to provide services in the council's area of jurisdiction and to monitor the provision of Government services or implementation of projects in the area under the council's jurisdiction. These councils are well distributed in accordance with the five tier system and there is a council at each level of the administrative units. Councils are required to draw the attention of the relevant authorities at the district any matter that rouses their concern or interest. Among others, higher councils are required to resolve problems or disputes referred to them by relevant sub county or Kashozi councils; Ugandan legislation on compensation: In general, cash compensations are paid based upon market value of the crops likely to be destroyed. The affected persons are, in some cases, entitled to new housing on authorized land under government housing programmes. Under the customary law, land is given in compensation for land. Indeed there are some shortfalls in the Legislation on resettlement and compensation in Uganda compared to some of the donor safeguards commonly applied in the Country. The Electricity Act 1999 The Electricity Act (1999) is the principal applicable law in respect to the construction and operation of the electricity transmission /distribution lines. Part VIII of the Acts provides for acquisition of land and requires that the licensee to do little damage as possible to the land and environment, and ensure that prompt payments of fair and adequate compensation to all interested parties on the land for any damage or loss sustained. Section 71 of the Electricity Act requires that compensation for affected people be determined in accordance with the land Act (1998) and land Acquisition Act (1965). The Act further gives the Electricity Regulatory Authority power to handle claims for compensation for land acquired. Ugandan legislation on compensation: In general, cash compensations are paid based upon market value of the crops likely to be destroyed. The affected persons are, in some cases, entitled to new housing on authorized land under government housing programmes. Under the customary law, land is given in compensation for land. 46 _) Indeed there are some shortfalls in the Legislation on resettlement and compensation in Uganda compared to some of the donor safeguards commonly applied in the Country. 5.4 World Bank' Safeguard Policy on Resettlement This section describes the World Bank Safeguard Policy on Involuntary Resettlement. The World Bank's Safeguard Policy OP 4.12 applies to displaced persons in the project area, regardless of the number of people affected the severity of impacts and the legality of land holding. Particular attention should 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. The Bank's Policy requires that the provision of compensation and other assistance Project Affected Persons is carried out prior to the displacement of people. In particular, repossession of land for the 33 kV Distribution Line project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances will be provided to the affected persons in accordance with the provisions of the Bank's policies and incorporated into the Resettlement Action Plan. The policy encourages participation of the affected persons in the planning and preparation of the Resettlement Action Plan. It also offers the impacted persons an opportunity to improve their living standards. The OP 4.12 requires that displaced persons should be compensated at full replacement cost, assisted with relocation I resettlement and during transition period. The developer should be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable. • The policy requires the followingAll viable alternative project designs should be explored to avoid or minimise the need for resettlement and when it is inevitable, to minimise the scale and impacts of resettlement; • Resettlement measures are to be conceived and executed as development activities providing sufficient resources to give the persons displaced, the opportunity to share in project benefits. Assistance should be given to the community in their efforts to improve former production levels, incomes earning capacity and living standards or at least restore them to the levels they would have without the project; • Displaced persons should be: o Compensated at full replacement cost prior to the actual move; o Assisted with relocation; o Assisted and supported during the transition period; • Particular attention should be given to vulnerable groups; and • Communities should be given opportunities to participate in planning, implementing and monitoring their resettlement. 47 5.5 Differences between Uganda Laws and the World Bank/Donor Policy There are some differences between the World Bank Policy and the Uganda Laws on Resettlement and Compensation. For instance: the Ugandan Laws restrict themselves to fair, adequate and prompt compensation (cash), while the World Bank Policy extends it to providing alternative land 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 if they occupy the land by a specified cut-off date. The higher of the two standards will be followed in this policy framework, since that procedure also satisfies the requirements of the lesser standard; in other words, if there is discrepancy between national legislation and the World Bank Operational Policy 4.12, the OP 4.12 will prevail. A comparison of Uganda Law and WB/Donor requirements with possible mitigation options regarding compensation is given in Table 8 below: In a number of cases, as shown in Table 8, most of the Donor Requirements are more favourable to PAPs than the provisions of Uganda Law. In most cases the Government of Uganda is strongly committed to comply with Donor Requirements. However for this project there will be no relocation and loss of land. Otherwise it would have been imperative that for those whose livelihood is to be negatively impacted, an additional financial uplifting aiming at complying with Donor Requirements where they are not complied with by the sole Ugandan provisions would be appropriate. 48 Table 5: Comparison of Ugandan Law and World Bank Op 4.12 Regarding Compensation with possible mitigation Options Category of I PAPs and Type IUgandan ~aw World Bank OP4.12 Mitigation measures of Lost. Assets - - Recommends land-for-land N!A Cash compensation based upon market value Land Owners compensation. Other compensation under statute. Land for Land is at replacement cost. The design ofGulu-Acholibur and Opeta Acokara- Rural - Electrification - Project (220km) 33 kV Entitled to compensation based on the amount PAPs are entitled to some form of Distribution Line minimises displacement of people of rights they hold upon land under relevant compensation whatever the by maintaining the old alignment. Land Tenants laws. Illegal tenants are not entitled to legal/illegal recognition of their compensation occupancy. Subsequently this project will not have land take; Entitled to compensation for crops, The design of Gulu-Acholibur and Opeta Acokara- • In some cases land users have some form of may be entitled to replacement Rural -Electrification - Project (220km) 33 kV secured tenure extended to them under new land and income will be restored to Distribution Line minimises land take, but all laws. at least pre- 33 kVDistribution perennial crops, fruit trees, commercial trees and Land In other cases land users are not entitled to Line project levels. other crops that cannot be grown within the ROW users/land compensation for land. will be compensated for using the district approved share-croppers compensation rates in addition to a 15% disturbance • Entitled to compensation for crops and any ·allowance. other economic assets. • Land for Land Cash compensation based on market value or Buildings will not be impacted by the line as all Owners of Entitled to in-kind compensation entitled to new housing on authorized land measures will be taken to avoid houses and other Temporary or cash compensation at full under government (state or local) housing buildings. Buildings replacement cost including labour programs. Rates based upon per square meter and relocation expenses, prior to established at District level and disturbance 49 ;. ,... ,., .,•.; Category of J •' .< ·• PAPs and Type Ugandan Law World Banli0P4.12 Mitigation measures ; ,. of Lost Assets I 1 ~ ' ~ ~ allowance (15%). Rates are based on displacement. depreciated market value. Entitled to in-kind compensation In the case of the Gulu-Acholibur and Opeta Owners of Cash Compensation is based on market value. A or cash compensation at full Acokara- Rural -Electrification - Project (220km) Permanent disturbance allowance of 15% is applicable and replacement cost including labour 33 kV Distribution Line, buildings will not be buildings rates are based on depreciated market value. and relocation expenses, prior to impacted by the line as all measures will be taken to displacement. avoid houses and other buildings, Perennial As per specifications of this RAP, N/A Crops Cash compensation based upon rates calculated once approved by the Bank and as an average net agricultural income. disclosed at the Bank info shop, Annual Crops No compensation. 6 months notice to harvest No specific provision. But as per Explore the possibility of including Income crops. specifications of this RAP, once restoration. Land for land compensation allowing approved by the Bank and people to re-establish annual crops immediately. disclosed at the Bank info shop Business No compensation. 6 months notice to vacate Established access to similar Explore the possibility of reducing loss of income Income premises opportunities as per specifications and livelihood. of this RAP once approved by the Bank and disclosed at the Bank info shop. 50 Provisions of Uganda Law for Compensation Valuation and compensation are in accordance with rates set at district level for crops and non- permanent structures. The rates which are enacted by District Land Board are established and updated at Districts level. Permanent structures are valued on a case-by-case basis by the Chief Government Valuer. 6.0 VALUATION OF AND COMPENSATION FOR LOSSES The main resettlement package under this project will be compensation for crops and trees (including fruit trees, commercial trees, ornamental trees coffee etc) that will be affected by the development. REA commits itself to pay full compensation as valued to all PAPs. Key principles that REA will commit themselves to ensure a smooth compensation exercise include the following: Box 1 -1: Key principles to heed during compensation. ~ Resettlement and compensation of Project Affected Persons (PAP) should be carried out in compliance with relevant Ugandan laws and OP 4.12. In the case of this project there will be no physically or economically displaced people who would otherwise be required to be adequately and equitably compensated;; ~ Resettlement should be implemented in a gender-responsive manner (In the case of this 33 kV Distribution Line project, the list of the affected women(Annex 9)has been made available and is part of' the documents to be consulted. In all the total number of affected women is 102 all of whom will be compensated for crops and trees to the tune of Uganda shillings inclusive of a 15% disturbance allowance ; and ~ Cash compensation will be appropriate for those receiving amounts below Uganda shillings 200,000.00. Institutions should receive compensation through banks or by cheque to minimise misuse of public funds. Source: Adaptedfrom the Land Act, the Constitution of Uganda and World BankSafeguard Policy on Involuntary Resettlement. 6.1 Estimated Compensation Amounts In view of the foregoing, a comprehensive valuation of crops and trees to be affected was undertaken. The total amount to meet compensation and resettlement needs is Three hundred ninety One Nine Hundred Forty Three Thousand Six Hundred Thirty Three Shillings (UGX391,943,633/=). This amount is inclusive of 15% disturbance allowance. The break down is as follows:- 51 • Gulu- Acholibur- Ugshs.212,652,825/= Uganda Shillings Two Hundred Twelve Million Six Hundred Fifty Two Thoudand Eight Hundred Twenty Five Only • Opeta - Acokora - Ugshs.179, 290,808/= Uganda Shillings One Hundred Seventy Nine Million Two Hundred Ninety Thousand Eight Hundred Eight Only 6.2 Payment Procedure Census of the Project Affected Persons (PAPs) has been conducted. PAPs have been informed of the cut-off date, which is the start of the census process and means that anyone encroaching on the area after the census is not eligible for compensation. This has been discussed in the sensitization and consultation sessions in the affected communities. In addition, mitigation measures as well as impacts of resettlement have been identified. These are part of the ingredients for the RAP. The identified mitigation measure has been to pay compensation for lost crops and trees. The Ugandan law favours cash compensation rather than replacement of structures/land. In this case cash compensation has been recommended for all those receiving shs 200,000/= or less. Those earning above that figure will be paid through a bank by Direct Electronic Transfer of the monies. In addition, a disturbance allowance of 15% to the PAPs will be paid at least six months before clearing the line. 52 7.0 RESETTLEMENT AND COMPENSATION MEASURES 7.1 Methodology While the strategy and methods for calculating cash compensation are provided under sections 8- 3 to 8-4, the general methodology for resettlement is characterised by the following: - • A literature review of the legal and institutional arrangement regarding the compensation and resettlement has been conducted; • All stakeholders who were available were interviewed and a census conducted to obtain their socio economic data; • A survey team established the line along the road reserve; • Thereafter the valuer valued all the properties (crops and trees) • A census to determine the socio economic conditions of the Project Affected Persons was conducted to estimate the likely impacts on livelihoods; • All PAPs who were available at the time were sensitised regarding the project, grievances and the cut-off/entitlement date; Most of the PAPs affected under this project were Kibanja and customery owners who had their land cultivated and are entitled to compensation due to destruction. Below is the entitlement matrix for cultivated land. Entitlement Matrix Category Affected person Type ofloss Compensation Rehabilitation assistance Cultivated land Cultivator, Loss of crops; -Entitled to 15% disturbance farmer, harvest present allowance to be Loss of income: crops; paid. Kibanja owner, Loss of trees; -in case of licensee loss of hedges damage to crops, as fencing cash material compensation as per rates provided for by District Land Board - compensation for loss of trees 53 at rates provided for by the District Land Board - and if possible, allow farmers to harvest fruits as supplemental source of income during "transition period" 7.2 Design Considerations to Minimize Resettlement To minimise land take and displacement of people, the proposed line will be confined to the road reserve or along the present road alignment within approximately 10 metres of that alignment. If houses or structures are targeted by the proposed line, then alterations will be made in the line to ensure that structures and houses are avoided. This will be the case if cultural sites including graves are targeted by the line construction. These measures will ensure that there will be no relocation of people and will help minimize adverse impacts. 7.3 Strategy As part of the implementation strategy, the following will apply: • Stakeholder groups will continue to be involved in the exercise; • Payments for compensation will be independently monitored and accurate records kept for all transactions; • Compensation of Project-Affected People (PAP) will be carried out in compliance with relevant Ugandan laws as well as key Donor (WB) Safeguard Policy Guidelines. All those who have lost crops and trees will be adequately and equitably compensated in accordance with the accompanying valuation report. • Compensation will be implemented in a gender-sensitive manner ensuring that all the 270 impacted women receive payments promptly. • The elderly whose list is attached will be identified and given priority when paymg compensation ensuring that their compensation is not denied to them. • Consult with and facilitate the informed participation of affected persons in decision-making processes related to compensation. Consultations will continue during the implementation, monitoring, and evaluation; 54 7.4 Overview of Entitlements 7.4.1 Land Titles There will be no land taken. It was however established during the survey that most of the land in the project area is customary land or Kibanja holding. This aspect was not considered during the survey since no land take was anticipated. 7.4.2 Cash Compensation This Distribution Line project is being funded by the World Bank (as a Development Partner) which requires specific safeguards regarding compensation. Subsquently, the World Bank safeguard Policies have been used. These are also considered comprehensive and all embracing of most of the development partners in Uganda. This RAP, therefore complies with both the requirements ofthe Ugandan Law and WB safeguards. The latter are more advantageous to PAP, especially with regard to the valuation at "full replacement cost" as opposed to the depreciated value taken into consideration by Ugandan valuation methodologies. This issue' which is very critical for housing and structures was not so critical for crop and tree compensation. This is because to value crops I trees updated District Compensation Rates have been used to arrive at the value. 7.5 Compensation Rates for Crops and Trees Districts set their compensation rates annually based on the imputation values, which correspond to current market value. The rates are normally submitted to the office of the Chief Government Valuer for consideration and approval for each particular year. Table 6 shows the general basis for calculations regarding compensation of crops: Table 6: Basis of crops compensation calculations Crops and trees are assessed using district compensation rates provided by Respective Districts' District Land Boards. Perennial Crops and Trees In this respectit is the duty and responsibility of District Land Board to compile or review District Compensation rates for their respective Districts. (Section 59 of the Land Act). These rates are normally submitted to the office of the Chief Government Valuer for consideration and approval for each particular year. 55 No compensation as long as the crop can be harvested. Annual Crops Notice to vacate land is normally six months, which allows harvesting of annual crops. If notice to vacate is given in less than six months, distUrbance allowance is increased from 15% to 30%. Damage to Annual Valuation of damaged crops based on official rates and Crops count of damaged crops. The following categories are eligible for compensation. • Persons with perennial crops Eligibility for Compensation • Persons who encroach on the proposed distribution line corridor after the resettlement survey (census and valuation) are not eligible for compensation 7. 6 Disturbance Allowance As guided by Section 77 (2) of The Land Act-Cap 227 (Computation of Compensation), disturbance allowance of 15% shall be awarded on top of the assessed amount. This is on the assumption that the Project Affected Persons shall be given ample time (beyond the required statutory period of 6 months) to give up their interests in the crops and trees and harvest them if appropriate, otherwise, 30% should be applied if the due notice is less than six months. In this report a 15% disturbance allowance has been considered. 8.0 SITE SELECTION, SITE PREPARATION AND RELOCATION For this power line project, care has been taken to eliminate relocation of people. This has been achieved through insisting that the line will be confined to the road reserve and will follow the present road alignment. There will be no relocation of communities. 9.0 GRIEVANCE PROCEDURES 9.1 Likely Types of Grievances and Disputes In practice, grievances and disputes that are most likely to be encountered during the implementation of compensation and resettlement programmes are: • False identification of assets or mistakes in valuing them; • Disagreement over asset valuation: either the unit rate applied or the count; 56 • Disputed ownership of property: for instance where the owner and occupant are different persons, which gives rise to conflicts over the compensation sharing arrangements; • Dispute over ownership of an asset e.g. when two individuals claim to be owners of same asset); • Disputes over land boundaries, either between the affected person and the project, or between two neighbours; and • Successions, divorces and other family issues, resulting in disputes between heirs and other family members, over ownership for a given asset. • Misidentification of assets or mistakes in valuing them; • Disputes over plot limits, either between the affected person and the Project, or between two neighbors; • Dispute over the ownership of a given asset (two individuals claim to be the owner of this asset); • Disagreement over the valuation (either the unit rate applied or the count) of a plot or other asset; • Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset; • Disagreement over resettlement measures, for instance on the location of the resettlement site, on the type or standing of the proposed housing, or over the characteristics of the resettlement plot; and · • Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements. 9.2 Management Mechanism The Project thus will put in place an extra-judicial mechanism for managing grievances and disputes based on explanation and mediation by third parties. Each of the affected persons will be able to trigger this mechanism, while still being able to resort to the judicial system. Procedures relevant to this amicable mechanism will include the following: Registration by REA of the complaint, grievance or dispute; Processing by REA of the grievance or dispute until closure is established based on evidence that acceptable action was taken; and In the event where the complainant is not satisfied with action taken by REA as a result of the complaint, an amicable mediation can be triggered involving a mediation committee independent from the Project. It often appears that many grievances derive from misunderstandings of the project policy, or result from neighbour conflicts, which can usually be solved through adequate mediation using customary rules or local administration at the lowest level (LCs). Most grievances can be settled with additional explanation efforts and some mediation using customary disputes settlement mechanisms: • Using land committees at local levels (LCI, Parish, District Land Committee); 57 • Through explanations e.g. explaining in detail how the project calculated complainant's compensation and that the same rules apply to all; Or • Through arbitration, resorting to elders, individuals LC Officials or an accepted opinion leader. In contrast, resorting to the judicial system often results in long delays before a case is processed. This could result in significant expenses to the complainant and might require a complex legal mechanism, involving lawyers, which maybe beyond the complainant's control. Also,, courts may declare themselves incompetent for matters related to informally owned property, which is likely to be common in the project area. REA should therefore put in place an extra judicial mechanism (see Figure 5) for managing grievances and disputes based on explanation and mediation by a third party, preferably a committee comprising local leaders, trusted citizens and independent of the project. 58 Figure 5: Grievance Management Mechanism Registration of grievance by REA ' Treatment of grievance by REA Closure of grievance by REA Complainant Satisfied with Resort to Mediation Closure of Committee complaint Grievance processing by mediation committee Response of the mediation committee Closure of complaint Is complaint satisfied? One or the other party resorts to justice 59 Grievance Registration and Monitoring REA will establish a register of grievances, which will be available at several locations LC 1 level. The existence of this register, as well as procedures to lodge a complaint (where, when, etc.), will also be broadly communicated by REA. The register will be established as of the commencement of resettlement and compensation activities. For each grievance, a grievance file will be opened, including the following elements: Initial grievance sheet (including the description of the grievance), with an acknowledgement of receipt handed back to the complainant when the complaint is registered; Grievance monitoring sheet, mentioning -actions taken (investigation, corrective measures); and Closure sheet, one copy of which will be handed to the complainant after he/she has agreed to the resolution and signed-off. Grievances will be registered within 7 days of receipt and a response will be provided to the aggrieved party in 30 days or less. Complaint closure does not necessarily mean that the complainant is happy with action taken (REA may decide that the complaint is not founded, and that the RAP principles have been complied with). Closure means that the complainant agrees that action has been taken by REA to address the grievance without necessarily being happy with the outcome. Mediation Committee - Amicable Resolution Mechanism Mediation Committee Complaints that cannot be closed to the complainant's satisfaction will be handed over to a mediation committee established at District (LC5) level that will include the following individuals: One representative of the LC5 Administration; One REA representative acting as an observer; Three representatives of the affected people, including at least one woman, chosen from LCl Councillors and/or amongst community based organizations, elders, customary authorities; One representative of the witness NGO. The mediation committee will meet as needed, depending on registered complaints and disputes. 60 Grievance Management Mechanism Every aggrieved person shall be able to trigger this mechanism, while still being able to resort to the judicial system. Procedures relevant to this amicable mechanism are detailed below, and will include three different levels: • Registration by REA, or its agent, of the complaint, grievance or dispute; • Processing by REA, or its agent, of the grievance or dispute until closure is established based on evidence that acceptable action was taken; and • In the event where the complainant is not satisfied with action taken by the Valuer or REA (or its agent) as a result of the complaint, an amicable mediation can be triggered involving a mediation committee independent of the project. In summary and as indicated under the disclosure process, the PAPs shall be given an opportunity to review the RAP including the survey and valuation outcomes as well as the compensation policies prior to the commencement of the compensation exercise. It is anticipated that a number of issues will come up among the affected communities and landowners. If an individual is not satisfied with the compensation, he or she will then be able to trigger the grievance mechanism as described above. The above recommends that PAPs should as much as possible avoid court proceedings as they can be costly, time consuming and could disrupt the projects' progress. Hence the above administrative procedure I review is most optimum~ The Administrative Review recommends trying to resolve the issue(s) administratively by the client (REA) and the various Government institutions involved in the compensation exercise as shown in Fig 4 above before resorting to court action as shown below: • Magistrates' Court: If the complaints have not been solved administratively, then the complainant can proceed to the magistrate's court. This court is charged with powers to hear and make rulings on matters of land disputes. • High Court: If the complaint is still dissatisfied with the ruling of the magistrate's court, then he can seek further redress in the High Court. 10.0 ORGANISATIONAL RESPONSIBILITIES In addition to what has been discussed under the Institutional Framework, there are three main actors who will be involved in carrying out compensation as required in the implementation of the Gulu Acholibur 175km Rural - Electrification - Project 33 kV Distribution Line. These are the respective Local Governments of Gulu, Pader,Kole & Oyam (responsible for handling the affected people), the Ministry of Housing and Urban Development (approving compensation rates), and Ministry of Energy and Mineral Development together with REA (Lead Agency). 61 10.1 Ministry of Energy and Mineral Development and REA Government of Uganda and World Bank ( development Partners) require preparation of a Resettlement Action Plan for 33 kV development projects such as the 33kV Gulu - Acholibur and Opeta - Acokara Rural - Electrification - Project Power distribution Line. This is done to ensure equitable compensation and minimise social disruptions or negative effects on people's livelihoods arising from implementation of the project. The compensations assist those who have lost assets as a result of the project to maintain their livelihood through income restoration. MEMD is responsible for the Energy projects in Uganda. The Rural Electrification Agency (REA) and MEMD are responsible for contracting out and overseeing construction of power Distribution Line. Furthermore, REA is responsible for controlling encroachment on 33 kV Distribution Line by unscrupulous people. 10.2 Ministry of Lands, Housing and Urban Upgrading The Chief Government Valuer in the Valuation Division in the Ministry of, Housing and Urban Development (MLHUD) is responsible for approv!ng the Valuation Roll. This demands fair and transparent compensation and as such all property valued are first inspected by the Chief Government Valuer. In the case of this project, crop and trees compensation rates are approved by the respective Districts' Land Boards on advice of the Chief Government valuer in the MHUD. 10.3 Local Government The Local Government is responsible for ensuring that all affected persons have received a fair and appropriate compensation! livelihood restoration. They are the initial arbitrators in case of disagreements and misunderstandings. They have capacity to identify and co-coordinate all players in the resettlement programme at the Local Government level. 62 11.0 IMPLEMENTATION SCHEDULE 11.1 Proposed Time Schedule A compensation implementation and monitoring programme has been proposed and 1s summarised in Table 7below: Table 7: RAP implementation programme Resources mobilisation for compensation; Client/REA Formation of Resettlement 1st Committee; RENConsultant, LCs, PAPs 1 Month Formation of Grievance Committee; REA/Consultant, LCs, PAPs Any relevant sensitisation or awareness creation; RENConsultant Pay disturbance Allowances; REA/Consultant 2nd to 3rd 2 Pay Compensation where Month applicable (Crops and Trees); REA/Consultant Monitoring and Evaluation of Impacts in accordance with the Indicators During and after 4 Month 4th power line construction; REA and Consultant; onwards Grievance Committee, and Grievance process if required; Contractor; and Final Report Consultant 63 11.2 Compensation Agreement A compensation agreement between beneficiary and REA will be made. The cost of these measures will be included in the contract cost. 11.3 Entitlement Cut-Off The census marked the end of the entitlement period, i.e. cut-off date for being included among the PAPs eligible for compensation (Between March 2012 and August 2012). No new cases of compensation will be entertained after that census. Communities have been informed accordingly and the REA is expected to re-enforce this measure together with the Local Government. Persons who re-enter the area after the resettlement survey (census and valuation) are not eligible to compensation or any form of resettlement assistance. 11.4 Rehabilitation of Income Affected persons will be adequately compensated and PAPs will be paid a disturbance allowance to ensure continuity in resettlement. 11.5 Implementation Strategy Following full agreement between the PAPs and REA, then payment of compensation will begin to be paid. No person will be paid when he/she still has issues pending at the grievance committees or if they have appealed to court. No compensation will be paid out until the disputes have been sorted out. It is estimated that for compensation arrangements, the actual pay offs can be concluded by paying off the people in a given village per day. The reason it is preferred to cover payments in terms of villages is as follows: - • It is systematic • It allows a homogenous group to be handled at the same time; and • It is easier to disseminate the related information to a village because of the presence of the Local Council system Regarding possible stampedes for those receiving cash payments, it is proposed that payments will be made in accordance with the order of arrival at the paying centre. Numbered cards can be given to the PAPs as they arrive so that the order of payment is followed. Feeding mothers and the elderly will be handled preferentially if and when they come. 64 11.6 Costs of implementation of the compensation exercise. The valuation has been completed during the preparation of the RAP. However implementation of the RAP will require resources to meet allowances, fees and related expenses. The estimate for this cost is 15% of the total compensation package. In this case it will be UGX58,791,544/=(Uganda Shillings Fifty Eight Million Seven Hundred Ninety OneThousand Five Hundred Forty Four Only). 11.7 Total cost estimates Annex 2 (the Valuer's Report) shows the compensation for the affected households and other PAPs for the crops, trees and in some cases fencing materials as summarised in the Table below. In addition a 15% lump sum has been added to meet the costs of compensation also shown in the Table below: Table 8: Total Compensation Amounts Crops, trees and Number of Crops and fencing trees or metres of materials fencing materials 2 Implementation 15% of Total Amount 58,791,544/= Cost NB. Please note that the market value amount includes the 15% disturbance allowance while the total amount includes the 15% RAP implementation costs. 12.0 MONITORING AND EVALUATION FRAMEWORK 12.1 General Objectives and Approach General Objectives and Approach Monitoring, evaluation and auditing are key components of the Resettlement Action Plan and are an integral part of REA's responsibility and obligations. It has the following general objectives: Monitoring (as defined here) looks at progress of resettlement and compensation and at specific situations of economic or social difficulties arising from the implementation of the compensation and resettlement process, Auditing (as defined here) looks at compliance and completion of the resettlement program, 65 Evaluation (as defined here) looks at outcomes, through an assessment of the short- mid- and long-term impacts of the compensation and resettlement programme on affected households, their incomes and standards of living, the environment, local capacities, housing, etc. The following monitoring and evaluation approach will be used, whereby different levels of monitoring and evaluation are used: a) Internal progress (or Input/Output) monitoring: Measures whether inputs are deliveredon schedule and as defined in the RAP, and their direct measurable results, for instance: o amounts of compensation paid in a given month, o progress of construction of resettlement houses, o people completing livelihood restoration training courses, etc ... Monitoring will also seek to document and investigate specific conflict or hardship situations arising from the implementation of the resettlement and compensation program. Monitoring keeps track of project implementation efficiency, and indicates whether changes need to be made to make the programme operate more efficiently. Progress monitoring is done internally by the Project at a frequency determined by the RAP for every indicator (in general say every 3 months). b) Audit of compliance and completion:Defines whether the RAP and applicable requirements have been complied with, and if the implementation can be deemed complete. c) Outcome evaluation:Defines the extent to which the project is achieving or is likely to achieve the objectives of a program. Resettler businesses established and earning acceptable returns over a reasonable period is an example of an outcome. Outcome evaluation, coupled with output monitoring results, indicate whether the programme is genuinely working and should continue to be implemented as is, or whether some fundamental changes need to be made. In other words, outcome evaluation looks beyond numerical compliance to the longer term impact of programme inputs and outputs, to determine what works, what does not work, and what needs to be changed. Outcome evaluation will be done by an independent entity. 12.2 RAP Audit and Implementation of Completion Report The independent compliance and completion audit will focus on the assessment of compliance with requirements contained in this RAP with the Ugandan law. The audit could include: • Quarterly external reviews (about one-week in duration each) during the active phase of compensation and resettlement, and 66 • A final completion audit at least one year after the last compensation has been effected, or at such any other appropriate time. 12.3.1 Compliance Reviews Objectives of compliance reviews are as follows: >- To assess overall compliance with the RAP and applicable legislation and requirements, particularly the following: • Compliance with eligibility criteria as described in this RAP, • Actual delivery of compensation packages, • Compliance with implementation mechanisms as described in this RAP; External monitoring reports should be prepared independently by the reviewer and submitted to REA and relevant stakeholders. 12.3.2 Completion Audit The purpose of this Audit is to establish whether REA has implemented all activities needed to ensure compliance with resettlement commitments defined by the RAP and applicable policies, and whether resettlement and compensation can be deemed complete. Although in this case there was no resettlement, in general a key objective of the RAP is that resettlement, compensation and other mitigation measures lead to sustainable restoration or enhancement of affected peoples' quality of life and income levels. At such time as affected peoples' quality of life and livelihood can be demonstrated to have been restored, the resettlement and compensation process can be considered complete. The completion audit should preferably be carried out by the same auditor as the compliance audit. Based on progress indicators and outcome evaluation indicators, the auditor will formulate conclusions on the following topics: >- Have the objectives set forth in the RAP been reached in terms of: • Identification of affected people and identification of impacts, • Compensation for all impacts of all affected people, • Timely delivery of entitlements and compliance with Ugandan Constitution requirement of "prompt" compensation, >- Has compensation been fair and adequate to mitigate impacts? and >- Have livelihoods been improved? 67 13.0 RAP BUDGET - Based on the findings of the study carried out, the total package to meet compensation needs is Uganda Shillings Three Hundred Ninety One Million Nine Hundred Forty Three Thousand Six Hundred Thirty Three Uganda Shillings (UGX391,943,633/=).This amount is inclusive of 15% disturbance allowance and 15% implementation costs. Details of the compensation amounts are presented in the annex below. 14.0 CONCLUSION In this RAP a number of key principles have been followed which include the following: • Minimising compensation needs by ensuring that the Distribution Line is confined to the Road Reserve and along the present Road alignment; • Removing relocation of people by bypassing the line through the Road Reserve; • Where the line targets a cultural site or grave, it has been diverted to avoid impacting on cultural sites; • Key stakeholders have been involved in the study and will be involved in the compensation exercise; • Prompt compensation is recommended for successful implementation of the project. 68