Republic of Uganda Ministry of Water and Environment Water for Production Department Irrigation Development and Climate Resilience Project Resettlement Policy Framework-RPF February 2019 1 2 TABLE OF CONTENTS Table of Contents ..........................................................................................................................................................3 List of Figures .................................................................................................................................................................8 LIST OF TABLES ..............................................................................................................................................................8 List of Acronyms ..........................................................................................................................................................10 GLOSSARY OF TERMS ...................................................................................................................................................11 EXECUTIVE SUMMARY .................................................................................................................................................14 1 INTRODUCTION ...................................................................................................................................................22 1.1 BACKGROUND ........................................................................................................................................... 22 1.2 PROJECT COMPONENTS ............................................................................................................................ 22 1.3 RATIONALE FOR PREPARATION OF A RESETTLEMENT POLICY FRAMEWORK ........................................... 24 1.4 RELEVANCE OF THE PROJECT DEVELOPMENT IDEA .................................................................................. 26 1.4.1 Growing challenges of water scarcity ....................................................................................................26 1.4.2 Limited access to agricultural financing .................................................................................................26 1.4.3 Limited level of optimal land utilization ................................................................................................27 1.4.4 Need for integrated natural resources management ............................................................................ 27 1.4.5 Address food security issues ..................................................................................................................27 2 OBJECTIVES AND METHODOLOGY USED FOR THE RPF .......................................................................................27 2.1 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK ...................................................................... 28 2.2 METHODOLOGY USED FOR THE PREPARATION OF THE RPF ..................................................................... 29 2.2.1 Field visits ..............................................................................................................................................29 2.2.2 Review of Documents ............................................................................................................................29 2.2.3 Stakeholders Consultation and Participatory Approaches .................................................................... 29 3 LEGAL, POLICY AND INSTITUTION FRAMEWORK ................................................................................................. 31 3.1 POLICY FRAMEWORK ................................................................................................................................ 31 3.1.1 The Social Development Sector Strategic Investment Plan (SDIP 2) 2011/12–2015/16 .......................31 3.1.2 The Uganda National Land Policy 2013 .................................................................................................31 3.1.3 Access to Land for Investment ...............................................................................................................31 3.1.4 Measures for Protection of Land Rights ................................................................................................ 32 3.1.5 Rights for Minorities ..............................................................................................................................32 3.2 UGANDAN LAWS ....................................................................................................................................... 33 3.2.1 The Constitution of the Republic of Uganda, 1995 ................................................................................ 33 3.2.2 Land Act Cap 227, 1998 .........................................................................................................................33 3.2.3 Land Acquisition Act Cap 226, 1965.......................................................................................................33 3.2.4 Property and Land Rights In Uganda .....................................................................................................33 3 3.2.5 Acquisition, Valuation of Land and other Assets ...................................................................................34 3.2.6 Valuation ................................................................................................................................................34 3.2.7 Dispute Resolution and Grievance Mechanisms ...................................................................................34 3.2.8 The Children’s Act, Cap 59 .....................................................................................................................34 3.3 OP 4.12-WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT.......................................................... 35 3.4 COMPARISON BETWEEN LAND LAW IN UGANDA AND WORLD BANK OP 4.12 ........................................ 35 3.4.1 OP 4.11 - Physical Cultural Resources .................................................................................................... 36 3.5 INSTITUTIONAL FRAMEWORK ................................................................................................................... 36 3.5.1 Ministry of Water and Environment (MWE) ..........................................................................................37 3.5.2 Ministry of Lands, Housing and Urban Development (MLHUD) ............................................................37 3.5.3 Ministry of Gender, Labour & Social Development, MGLSD .................................................................37 3.5.4 Uganda Land Commission ......................................................................................................................38 3.5.5 Private Sector Entities ............................................................................................................................ 38 3.5.6 District Local Administration Structures ................................................................................................38 4 PROCESS FOR PREPARATION AND IMPLEMENTATION OF RESETTLEMENT ACTION PLANS ...............................45 4.1 IDENTIFICATION OF SUB-PROJECT SITES ................................................................................................... 45 4.2 OVERALL RAP PROCESS ............................................................................................................................. 46 4.2.1 Screening ...............................................................................................................................................46 4.2.2 RAP Preparation .....................................................................................................................................46 4.2.3 Consultation and Participatory Approaches ..........................................................................................47 4.2.4 Disclosure and Notification .................................................................................................................... 47 4.2.5 Documentation and Verification of Land and Other Assets ..................................................................47 4.2.6 Compensation and Valuation ................................................................................................................48 4.2.7 Public Consultation and Participation....................................................................................................48 4.2.8 Census of Affected Entities ....................................................................................................................48 4.2.9 Socio Economic Survey ..........................................................................................................................48 4.2.10 Replacement Cost Survey ......................................................................................................................49 4.2.11 Income Restoration ...............................................................................................................................50 5 SOCIAL ASSESSMENT AND SOCIO-ECONOMIC SURVEYS .....................................................................................51 5.1.1 Population.............................................................................................................................................. 51 5.1.2 Sex of household heads .........................................................................................................................51 5.1.3 Ethnic composition ................................................................................................................................51 5.1.4 Age of household heads ........................................................................................................................52 5.1.5 Water supply..........................................................................................................................................52 5.1.6 Vulnerable groups.................................................................................................................................. 52 5.1.7 The disease burden ................................................................................................................................ 52 5.1.8 Land use and Land Tenure .....................................................................................................................53 5.2 KANUNGU DISTRICT .................................................................................................................................. 54 4 5.2.1 Population.............................................................................................................................................. 54 5.2.2 Sex of household heads .........................................................................................................................54 5.2.3 Ethnic composition ................................................................................................................................54 5.2.4 Age of household heads ........................................................................................................................54 5.2.5 Water supply..........................................................................................................................................54 5.2.6 Vulnerable groups.................................................................................................................................. 54 5.2.7 The disease burden ................................................................................................................................ 55 5.2.1 Land use and Land Tenure .....................................................................................................................55 5.3 TORORO DISTRICT ..................................................................................................................................... 55 5.3.1 Population.............................................................................................................................................. 55 5.3.2 Sex of household heads .........................................................................................................................55 5.3.3 Ethnic composition ................................................................................................................................55 5.3.4 Age of household heads ........................................................................................................................56 5.3.5 Water supply..........................................................................................................................................56 5.3.6 Vulnerable groups.................................................................................................................................. 56 5.3.7 The disease burden ................................................................................................................................ 56 5.3.8 Land use and Land Tenure .....................................................................................................................56 5.4 LAMWO DISTRICT ...................................................................................................................................... 56 5.4.1 Population.............................................................................................................................................. 57 5.4.2 Sex of household heads .........................................................................................................................57 5.4.3 Ethnic composition ................................................................................................................................57 5.4.4 Education ...............................................................................................................................................57 5.4.5 Water supply..........................................................................................................................................57 5.4.6 Economic activity ...................................................................................................................................57 5.4.7 Vulnerable groups.................................................................................................................................. 58 5.4.8 The disease burden ................................................................................................................................ 58 5.4.9 Land use and Land Tenure .....................................................................................................................58 6 POTENTIAL RESETTLEMENT IMPACTS AND MITIGATIONS ..................................................................................59 6.1 ANTICIPATED POSITIVE IMPACTS .............................................................................................................. 59 6.2 PROJECT NEGATIVE IMPACTS .................................................................................................................... 61 6.2.1 Involuntary relocation PAPs;..................................................................................................................61 6.2.2 loss of existing sources of income and livelihood ..................................................................................61 6.2.3 Loss of land, crops and trees; ................................................................................................................61 6.2.4 Reduced availability of water during construction ................................................................................ 62 6.2.5 Increase in HIV/AIDS ..............................................................................................................................62 6.2.6 Sexual abuse .......................................................................................................................................... 62 6.2.7 Noise pollution .......................................................................................................................................62 6.2.8 Impact on cultural property ................................................................................................................... 62 5 6.2.9 Child labor by contractors......................................................................................................................63 6.2.10 New technology ..................................................................................................................................... 63 6.3 Mitigations Measures ................................................................................................................................ 63 6.3.1 Permanent Effects .................................................................................................................................65 6.3.2 Temporal Effects .................................................................................................................................... 65 6.4 Other RISKS................................................................................................................................................ 65 6.5 MINIMIZATION OF PHYSICAL DISPLACEMENT .......................................................................................... 65 7 ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES ...................................................................................67 7.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION ....................................... 67 7.1.1 Entitlement Matrix.................................................................................................................................67 7.2 Vulnerable Groups..................................................................................................................................... 77 8 METHODS OF VALUING AFFECTED ASSETS.......................................................................................................... 78 8.1.1 Valuation and Compensation of Assets .................................................................................................78 8.1.2 Replacement Cost .................................................................................................................................. 79 8.1.3 Valuation for Customary Land ............................................................................................................... 79 8.1.4 Valuation for Government Owned Land................................................................................................80 8.2 DETERMINATION OF COMPENSATION PAYMENT ..................................................................................... 80 8.2.1 Compensation Packages ........................................................................................................................80 8.2.2 Compensation Payments .......................................................................................................................81 8.3 COMPENSATION FOR LAND ...................................................................................................................... 81 8.3.1 Basis for Valuation ................................................................................................................................. 81 8.4 DETERMINATION OF CROP COMPENSATION RATES ................................................................................. 81 8.4.1 Compensation For Loss Of Crops ...........................................................................................................81 8.4.2 Perennial Crops ......................................................................................................................................81 8.4.3 Annual (Seasonal) Crops ........................................................................................................................82 8.4.4 Unintentional Damage to Crops ............................................................................................................82 8.5 COMPENSATION FOR BUILDINGS AND STRUCTURES................................................................................ 82 8.6 COMPENSATION FOR SACRED SITES ......................................................................................................... 82 9 STAKEHOLDER AND COMMUNITY CONSULTATIONS AND PARTICIPATION.........................................................83 9.1 Introduction............................................................................................................................................... 83 9.2 OBJECTIVES OF THE STAKEHOLDER CONSULTATIONS .............................................................................. 84 9.3 PERTINENT ISSUES THAT CAME OUT OF THE STAKEHOLDER CONSULTATIONS ....................................... 84 9.4 RECOMMENDATIONS FROM THE RELEVANT STAKEHOLDERS .................................................................. 84 9.5 STAKEHOLDER AND DISCLOSURE PLAN ..................................................................................................... 85 9.5.1 Key Issues ...............................................................................................................................................85 9.6 CONSULTATION PHASES ............................................................................................................................ 85 9.6.1 Data Collecting Phase ............................................................................................................................85 9.6.2 Implementation Phase ...........................................................................................................................86 6 9.6.3 Community Involvement and Sensitization ...........................................................................................86 9.6.4 Monitoring and Evaluation Phase ..........................................................................................................86 9.6.5 Notification Procedure...........................................................................................................................86 9.6.6 Documentation ......................................................................................................................................87 9.6.7 Contract Agreement ..............................................................................................................................87 9.6.8 Linking Resettlement Implementation to Civil Works ...........................................................................87 9.6.9 Disclosure Arrangements for RPF and RAPs ..........................................................................................88 10 INSTITUTIONAL CAPACITY ASSESSMENT FOR RPF IMPLEMENTATION................................................................89 10.1 ROLES AND RESPONSIBILITIES OF KEY PLAYERS ........................................................................................ 89 10.1.1 Capacity Needs Assessment for Implementation of RPF and RAP ........................................................90 10.1.2 Capacity Building at Selected Project Sites ............................................................................................ 90 10.1.3 Capacity Building for Collaborating Institutions .................................................................................... 91 10.1.4 Capacity Building, Training and Technical Assistance ............................................................................ 91 10.2 TRAINING IN OVERSEEING RAP PLANNING, PREPARATION AND MANAGING IMPLEMENTATION ........... 91 10.3 TRAINING IN VULNERABILITY ASSESSMENT AND MANAGEMENT DURING RESETTLEMENT .................... 91 10.4 TRAININGS IN SOCIAL SAFEGUARDS ......................................................................................................... 92 11 GRIEVANCE REDRESS MECHANISM-GRM ............................................................................................................ 93 11.1.1 Typical Grievances under the Project ....................................................................................................93 11.1.2 Principle of a Good GRM........................................................................................................................93 11.1.3 Steps of Grievance Redress....................................................................................................................94 11.1.4 Mechanism Under Project .....................................................................................................................94 11.1.5 Tasks of the Grievance Redress Committee ..........................................................................................95 11.1.6 Women’s Involvement and Participation in the Grievance Process ...................................................... 95 11.2 The World Bank’s Grievance Redress Service (GRS) ................................................................................ 96 11.2.1 GRS Definition and Purpose ...................................................................................................................96 11.2.2 Submitting a Complaint To GRS .............................................................................................................96 12 MONITORING AND EVALUATION PLAN ...............................................................................................................96 12.1 Objectives and Scope ................................................................................................................................ 97 12.2 Internal Monitoring Process ...................................................................................................................... 98 12.2.1 Monitoring During Resettlement ...........................................................................................................98 12.2.2 Monitoring After Resettlement .............................................................................................................98 12.3 External Monitoring Process ..................................................................................................................... 98 12.4 Supervision by the World Bank ............................................................................................................... 102 12.5 Completion audit ..................................................................................................................................... 102 12.6 Responsibility of the Authorities ............................................................................................................. 102 12.7 Indicators to Determine Status of Affected People ................................................................................ 103 12.8 Indicators to Measure RAP Performance ................................................................................................ 103 12.9 Reporting and Documentation ................................................................................................................ 104 7 13 RPF BUDGET AND FUNDING ..............................................................................................................................104 13.1 DISCLOSURE............................................................................................................................................. 105 13.2 SOURCE OF FUNDS .................................................................................................................................. 105 14 PREPARATION OF RESETTLEMENT ACTION PLANS ............................................................................................109 14.1 CONSULTATION AND PARTICIPATORY APPROACHES .............................................................................. 109 14.2 DISCLOSURE AND NOTIFICATION ............................................................................................................ 109 14.3 DOCUMENTATION AND VERIFICATION OF LAND AND OTHER ASSETS ................................................... 110 14.4 COMPENSATION AND VALUATION ......................................................................................................... 110 14.5 PUBLIC CONSULTATION AND PARTICIPATION ........................................................................................ 110 15 LIST OF ANNEXES ...............................................................................................................................................112 15.1 ANNEX 1: ANNOTATED OUTLINE FOR PREPARING A RAP ...................................................................... 112 15.2 ANNEX 2: SAMPLE GRIEVANCE AND RESOLUTION FORM ...................................................................... 117 15.3 ANNEX 3: GRIEVANCE CLOSE OUT FORM ................................................................................................ 118 15.4 ANNEX 4: KEY ISSUES RAISED DURING STAKEHOLDER CONSULTATIONS .............................................. 118 15.5 ANNEX: 5 GUIDELINES FOR VOLUNTARY LAND DONATIONS IN CDD PROJECTS .................................... 118 15.6 ANNEX 6: MINUTES OF STAKEHOLDERS ................................................................................................. 120 15.7 ANNEX 7:COPIES OF ATTENDANCE LISTS DURING CONSULTATIONS ...................................................... 139 LIST OF FIGURES Figure 1: Stakeholder meeting with the communities ................................................................................................30 Figure 2: Meeting with the stakeholders in Tororo District ........................................................................................30 Figure 3; Consultations with Lamwo District CAO .......................................................................................................30 Figure 4: Community consultations at Mudu central ..................................................................................................30 Figure 5: Banana plantations as some of the typical crops grown in Isingiro District. ................................................53 LIST OF TABLES Table 1: Gaps between World Bank and Ugandan legislation applicable to each impact ..........................................39 Table 2: Entitlement matrix ......................................................................................................................................... 73 Table 3: Valuation information ....................................................................................................................................78 8 Table 4: Forms of compensation .................................................................................................................................80 Table 5: Key stakeholders ............................................................................................................................................ 84 Table 7: Indicative RPF Budget for the project ..........................................................................................................105 Table 8: Resettlement Schedule ................................................................................................................................107 9 LIST OF ACRONYMS CDD Community Driven Development CSA Climate Smart Agriculture ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan GO Grievance Officer GoU Government of Uganda GRM Grievance Redress Mechanism IDCRP Irrigation Development Climate Resilience Project MAAIF Ministry of Agriculture Animal Industry and Fisheries MDG Millennium Development Goal MoFED Ministry of Finance, Planning and Economic Development MoWE Ministry of Water and Environment NDP National Development Plan NEMA National Environment Management Authority OP Operational Policy PPCR Uganda Pilot Program for Climate Change Resilience PCDP Public Consultation and Disclosure Procedure PAD Project Appraisal Document PAP Project Affected Person RAP Resettlement Action Plan RPF Resettlement Policy Framework ToRs Terms of Reference WUA Water User’s Association 10 GLOSSARY OF TERMS Unless the context dictates otherwise, the following terms will have the following meanings: “Census” means a field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) because of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the local government institutions (LGIs). Project Affected Person(s) (PAPs) are persons affected by land and other assets loss as a result of project activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. “Compensation” means the payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets thereon as well as other impacts resulting from the project activities. “Cut-off date” is the date of commencement of the census of PAPs or DPs within the Project program area boundaries. This is the date on and beyond which any person whose land is occupied for the project will not be eligible for compensation. “Displaced Persons” mean persons who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location, lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. “Involuntary Displacement” means the involuntary acquisition of land resulting indirect or indirect economic and social impacts caused by: Loss of benefits from use of such land; relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the Displaced Persons has moved to another location; or not. ” Involuntary Land Acquisition” is the repossession of land by government or other government agencies for compensation, for the purposes of a public Project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. 11 “Land” refers to agricultural and/or non-agricultural land and any structures there on whether temporary or permanent and which may be required for the project. ” Land acquisition” means the repossession of or alienation of land, buildings or other assets thereon for purposes of the project. Resettlement and Compensation Plan”, also known as a “Resettlement Action Plan (RAP)” or “Resettlement Plan” - is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. The party affecting the people and their livelihoods prepares RAPs. RAPs contain specific and legal binding requirements to resettle and compensate the affected party before implementation of the project activities. ” Replacement cost” means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Ugandan law for sale of land or property. In terms of land, this may be categorized as follows; (a) “Replacement cost for agricultural land” means the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes. “Replacement cost for houses and other structures” means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures. Such costs will include: (a) transporting building materials to the construction site; (b) any labor and contractors’ fees; and (c) any registration costs. “Resettlement Assistance” means the measures to ensure that project Affected Persons and Displaced Persons who may require to be physically relocated are provided with assistance during relocation, such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement. Stakeholders—Any or all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. “Vulnerable groups”—People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. 12 “The Resettlement Policy Framework (RPF)’ has been prepared as an instrument to be used throughout the Irrigation Development and Climate Resilience Project implementation. The RPF will be disclosed to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plan (RAPS) for the Irrigation Development and Climate Resilience Project will be prepared in conformity with the provisions of this RPF. 13 EXECUTIVE SUMMARY Background Agriculture remains the mainstay of Uganda’s food security at both the household and national levels and has been a significant contributor to GDP (24%), to export revenues (about 48%) as well as providing a livelihood for over 70% of the population (Uganda Irrigation Master Plan, 2010). Uganda’s National Development Plan II (2016-2020) and Vision 2040 recognize agriculture as being a central sector to the country’s food security, economic growth, income enhancement and employment. However, with effects of climate change and the increasingly unreliable rainfall pattern, the need for investment in irrigation and climate resilience has become of paramount importance. Only about 5% of the irrigation potential of Uganda has been exploited presently. The NDP II (2016-2020) clearly lists irrigation as a high priority and stipulates that the country will substantially scale up investment in irrigation development, smart-agriculture and agribusiness development to move the Uganda peasants from subsistence cultivation into modern commercial farming to increase production, productivity and farm income. The Uganda Irrigation Modernization and Climate Resilience Program – with Financial Support from the World Bank, Phase I is designed to assist the GoU increase the area under irrigated agriculture. The project will contribute to improvement of farm incomes, rural livelihoods, food security and climate resilience, sustainable natural resources management and agricultural enterprise development. Project Components The project will have four components: (i) irrigation infrastructure Development and integrated catchment Management ; (ii) Supporting Services for value chain development ( Gap filling synergy with linked complimentary programs (iii) Institutional Strengthening and Implementation Support. The IDCRP subprojects may involve limited land acquisition and displacement of land-users and/or livelihoods; that is, it will try as much as possible to avoid resettling or displacing people. However, in the event that the proposed interventions such as multipurpose use of water by providing livestock watering troughs and fisheries development on a case by case basis; construction of access roads to link the schemes with the nearest road network; installation of sedimentation and erosion control structures; promotion of Climate SMART Conservation Farming and Agro-Forestry through demonstrations and basic input packages for farmers; are implemented, these may affect land holdings of individual farmers and other property owners as well as affect people’s livelihood. While these interventions are yet to be identified, as a precautionary measure, this Resettlement Policy Framework (RPF) will address any issues which might arise from 14 economic displacement and/or restriction of access to communal natural resources such as construction of dams, primary and secondary canals Rationale for Preparation of the Resettlement Policy Framework This document represents the Resettlement Policy Framework (RPF) for the proposed IDCRP project. It describes the policies, procedures and processes that will be followed throughout the project in the course of mitigation of adverse social impacts due to project activities among the project affected persons, with and without legal title, whose land/properties, businesses and other assets are expropriated for the execution of the construction works. Resettlement Policy Framework is prepared to guide potential land acquisition and potential resettlement for the construction of infrastructural projects in accordance to the requirements of the World Bank (WB) and its Operational Policy 4.12 and fit with the national legislation. Relevance of the Project Development Idea The country has relatively abundant land and water resources, which is highly underutilized, yet irrigation development is still at a very low level. The estimated irrigation potential varies among the conclusions of different studies depending on the levels of economic rate of returns, e.g. 1.1million ha (AICD/IFPRI, 2010) and 3.0 million ha (NBI 2012). To date only some 15,000 ha out of the 8.85 million ha of land cultivated is irrigated (less than 0.2%), the rest is rain-fed. At the same time, food security, food production and nutrition needs for fast growing population in Uganda remain an important concern. Agricultural production is rain-dependent with low productivity, very vulnerable to changing climate as evidenced in this year’s drought. Objectives and Methodology used for the RPF; a. Establish the Irrigation Development and Climate resilience project resettlement and compensation principles and implementation arrangements; b. Describe the legal and institutional framework underlying Ugandan approaches for resettlement, compensation and rehabilitation; c. Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements; d. Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and e. Provide procedures for filing grievances and resolving disputes. Describe the organizational arrangements, implementation process, monitoring and arrangements for funding 15 The RPF for Irrigation Development and Climate Resilience Project (IDCRP) was prepared based on the following methodology: field visits to selected project sites, review of previous RPF and project documents, regulatory review (Uganda), review of World Bank Safeguard Policies and key stakeholder consultations. Legal Framework The legal context for the application of this resettlement Policy Framework will depend on the project components mainly be governed by The Constitution of Uganda 1995 and The Land Act of 1998 (as amended in 2004) and to some extent The Land Acquisition Act 1965, the Water Act and Education Act. Reference is made to the National Land Policy 2011 as a key policy document. Uganda Laws The legal context for the application of this involuntary land acquisition will depend on the project components mainly be governed by The Constitution of Uganda 1995 and The Land Act of 1998 (as amended in 2004) and to some extent The Land Acquisition Act 1965, the Water Act and Education Act. The key policy is the National Land Policy 2011. World Bank Safeguard Policies The objective of the World Bank's environmental and social safeguard policies is to prevent and mitigate undue harm to people and their environment during the development process. These policies provide guidelines for the Bank and borrower staff in the identification, preparation, and implementation of programs and projects. Safeguard policies provide a platform for the participation of stakeholders in project design and are an important instrument for building ownership among local populations (World Bank, 2006). Process for Preparation and Implementation of the Resettlement Action Plans This RPF guides the preparation of Resettlement Action Plan (RAP) Project’s RAP/ARAP, consistent with this RPF, will be created and submitted to the World Bank for its approval. MWE through the PIU Implementation Support Team will make sure that, a comprehensive Resettlement Action Plan is prepared for each activity that triggers resettlement. Project Impacts a. Loss of crops: Additionally, loss of land might result into loss of crops for some farmers, which in return is likely to affect their livelihoods and potentially expose them to food insecurity. b. Loss of access to communal resources, resettlement can also lead to the loss of access to communal resources such as grazing lands, water sources such as boreholes and natural resources such as trees and related wood resources. 16 c. Increased infectious diseases, due to increased population during the civil works, there is a likelihood of increased interaction of the workers with the locals, which will eventually lead to sexual interactions that will make the communities vulnerable to sexually transmitted diseases such as HIV/AIDs. a. There will also be uncontrolled influx of people to the project area of in-migrants seeking for employment, especially during construction and operation stages. This might cause social disruption and conflicts. Additionally, possibility of labour influx and associated social misdemeanor by workers, including gender-based violence. d. Improvement of livelihoods and welfare: Due to the improved water supply under the irrigation scheme there will be increased agricultural produce which will eventually lead to improved livelihoods among the communities e. Improvement in agricultural production and food security. f. Availability of and constant supply of safe drinking water. g. Improvement of access roads. h. Provision of employment for the locals Potential Negative impacts  Involuntary relocation PAPs  Loss of existing sources of income and livelihood  Loss of Land crops and trees  Reduced availability of water during construction  Increase in HIV/AIDS  Sexual abuse  Noise pollution  Impact on cultural property.  Child labor by contractors Key Land and Resettlement Issues raised by Stakeholders a. Farmers should not be discriminated against once the irrigation project once the project commences, some of the community members under Kayembe Agricultural Womens’ Group in Kanungu District (Under Matanda irrigation Scheme) cited that there is a possibility of leaving out the poor farmers and only the rich are considered the only beneficiaries to the project. b. Kanungu as one of the project beneficiary districts mentioned that they lack a grievance management system to ably handle grievances that could arise during civil works. Therefore, there will be need to come up with training and capacity building to handle both environmental and Social safeguard issues during project implementation. 17 c. Compensation of different PAPs should be done before commencement of civil works. d. The locals for the respective project beneficiary districts should be considered for employment during implementation of the project. e. All the district officials warmly welcomed the project and they are confident that there will be increase in the crop yields and hence improvement in communities’ livelihood. Eligibility for criteria for compensation According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, are based on the following: a. Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Uganda. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations. b. Persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim of use to such land or ownership of assets through the national and traditional laws of Uganda. This class of people includes those that come from outside the country and have been given land by the local dignitaries to settle, and/or to occupy. Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood. This group of people includes encroachers and illegal occupants/squatters. Methods of valuing affected assets The RAP study should be carried out by the team of valuers who should be registered to undertake the valuation exercise for the sub projects. The process of valuation inspection and referencing depends on the key points, which the valuation will take care of as follows: a. Collection of all relevant primary and secondary data on the affected property during final detailed valuation inspection and referencing to serve as basis for assessment of loss; b. A comprehensive primary database for monitoring, evaluation and audit. c. During the valuation exercise, the relevant data should be captured by the valuation team: Table 3 captures information to be carried out by the valuation team. 18 More so, compensation for land and all assets should be done at full replacement cost or replacement of land at equal/ greater value and compensate for other assets. Squatters are only entitled to compensation for the development on the land and any assets other than land, and ample time will be given to the PAPs to harvest their crops. Additionally, PAPs will receive a 15% or 30% disturbance allowance1 of their compensation on assets. Stakeholder engagement, Public Consultation and Disclosure Plan The objective of consultations is to secure the participation of all people affected by the project in their own resettlement planning and implementation, particularly in the following areas: a. alternative project design; b. Assessment of project risks and impacts and contribution to the input; resettlement strategy including cut-off date to ensure, no structure or other development established in the project-affected area after the date will be eligible for compensation. c. compensation procedure, rates and eligibility for entitlements; d. choice of resettlement site and timing of relocation; e. Community development opportunities and initiatives; f. Procedures for redressing grievances and resolving disputes; and g. Mechanisms for monitoring and evaluation; and for implementing corrective actions h. Other emerging issues A stakeholder engagement plan will be developed by the client and implementing partners to facilitate structured engagement with all identified stakeholders. This process will be undertaken upfront from the start of project implementation. Grievance Redress Mechanism (GRM) A grievance mechanism must be put in place, operationalized and made available to PAPs who have grievances or are not satisfied with any part of the resettlement and compensation process. These grievances could relate to the unfair compensation, delays in 1 PAPs will receive a 15% disturbance allowance on top of their compensation on assets including land, buildings, improvements, crops, trees, etc. if they required to vacate in six 6 months or more after payment. It is increased to 30% if they are required to vacated in less than six months. 19 compensation money, encumbrances amongst PAPs and their relatives, valuation of assets, level of consultation, non-fulfilment of contracts, and timing of compensation, amongst others. Complaints and grievances also concern issues related to construction safety and nuisances caused by construction. Grievances will be handled through negotiation aimed at achieving consensus. The goal of the Grievance Redress Mechanism (GRM) is to promote a mutually constructive relationship and enhance the achievement of project development objectives. The GRM is to ensure that complaints are directed and expeditiously addressed by the relevant agencies, which is to enhance responsiveness and accountability. While a project-specific feedback and complaints mechanism is set up, the project will incorporate the existing grievance mechanism that has been used in the experiences. Monitoring and Evaluation Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The purpose of monitoring is to provide the World Bank, MWE and relevant stakeholders with feedback on RAP implementation and to identify challenges and successes as early as possible to allow timely adjustment of implementation arrangements. Some of the areas relating to the effectiveness of RAP implementation, include the physical progress of resettlement and rehabilitation activities, new resettlement sites, the disbursement of compensation, the effectiveness of public consultation and participation activities, and the sustainability of livelihood and income restoration and development efforts among affected communities should be monitored and reported internally by MWE’s PIU and externally by qualified resettlement specialists, and integrated into the overall Project management process. As mentioned above, monitoring will be Internal and External and the purpose of the internal and external monitoring evaluation will be to verify that:  All affected persons are involved in all the preparatory processes of the Resettlement action plan and that all affected properties and assets are captured in the Entitlement matrix and inventories and given appropriate budgets.  Compensation is done on schedule and in accordance with the RPF  All funds are spent on the line items for which they are budgeted for and affected persons are satisfied with the resettlement process.  All grievances and complaints are channeled correctly and appropriately attended to. Proposed RPF Implementation Budget Resettlement Budget when need arises and will utilize the RPF budgeting guidance below. 20 Indicative RPF budget No. Item/Activity Cost in USD Justification 1 Costs of employing one Safeguards Specialist and the 4000 Monthly gross remuneration for safeguards specialists and assistant in the PIU. their assistants 2 Capacity building for safeguards team for MAAIF under 10,000 Equip technical team to enhance institutional capacity PIU-MoWE 3 Training of District technical team NGOs, CBOs 60,000 Agricultural officers, environment officers, local leaders, women and youth group 4 Monitoring and evaluation plan 20,000 Internal (in-house evaluation) and External monitoring (independent entity/consultant) of Post RAP implementation, RAP audit. 5 Grievance Management 20,000 Establishing grievance management framework from county level to Ministry and PIU (training, allowances and other logistical requirements) 6 Engagement with stakeholders and affected 50,000 Community engagements with local leaders, NGOs, communities procuring services of RAP specialist Sub Total 144,000 6 Contingency 14,400 10% of total budget Total Budget Estimate for RPF Implementation This figure is to be confirmed during appraisal stage of the 158,400 project. Preparation of Resettlement Action Plans As soon as the list (sub-projects) is approved by the responsible agency implementing the program, a consultative and participatory process for preparing a RAP will be started, as follows: a. A socio-economic survey will be completed to determine scope and nature of resettlement impacts. b. The socio-economic study will be carried out to collect data in the selected sub-project sites. c. The socio-economic assessment will focus on the potential affected communities, including some demographic data, description of the area, livelihoods, the local participation process, and establishing baseline information on livelihoods and income, landholding, etc. 21 1 INTRODUCTION 1.1 BACKGROUND Agriculture remains the mainstay of Uganda’s food security at both the household and national levels and has been a significant contributor to GDP (24%), to export revenues (about 48%) as well as providing a livelihood for over 70% of the population (Uganda Irrigation Master Plan, 2010). Uganda’s National Development Plan II (2016-2020) and Vision 2040 recognize agriculture as being a central sector to the country’s food security, economic growth, income enhancement and employment. However, with effects of climate change and the increasingly unreliable rainfall pattern, the need for investment in irrigation and climate resilience has become of paramount importance. Only about 5% of the irrigation potential of Uganda has been exploited presently. The NDP II (2016-2020) clearly lists irrigation as a high priority and stipulates that the country will substantially scale up investment in irrigation development, smart-agriculture and agribusiness development to move the Uganda peasants from subsistence cultivation into modern commercial farming to increase production, productivity and farm income. The Uganda Irrigation Development and Climate Resilience Project (IDCRP) – with Financial Support from the World Bank is designed to assist the GoU increase the area under irrigated agriculture. The project will contribute to improvement of farm incomes, rural livelihoods, food security and climate resilience, sustainable natural resources management and agricultural enterprise development. To support the country’s development priorities as highlighted in the NDPII, the development objectives of the project is to provide farmers in the project areas with access to irrigation and drainage services, and to establish Operation and Maintenance arrangements for irrigation and drainage service delivery. Key indicators include: (i) Area provided with new/improved irrigation or drainage services; (ii) Farmers reached with agricultural assets or services, disaggregated by gender; and (iii) Operation and Maintenance agreements signed. 1.2 PROJECT COMPONENTS The Project will support Irrigation and Drainage Service Development (Component 1), choosing irrigation models responding to local needs and opportunities. The Project has as core focus on the development of two new large-scale irrigation schemes (Kabuyanda and Matanda/Enengo, both in the Western Region) and develop a pipeline for future investments (Amagoro in the Eastern Region, and Nyimur in the Northern Region), still inexistent in Uganda, which allows for economies of scale at all levels, thus allowing to tackle one of the core 22 issues that Ugandan’s farmers are facing in terms of access to markets. However, this model, to be successful, requires strong institutions and clear accountability for O&M, which might represent a challenge in Uganda based on the experience with medium-scale irrigation schemes. In order to build on these lessons and contribute to the institutional development of the irrigation sector in the country, the Project will also support O&M of existing medium-scale irrigation schemes (to be identified). Finally, the Project will pilot support to small and micro-scale irrigation, building up on the more successful experience of farmer-led irrigation model in the country, with an eye to leveraging private financing. Irrigation services will be developed hand in hand with Support Services for Agricultural Production and Value Chain Development (Component 2), cognizant of the need to expand use of other production inputs (improved seeds, fertilizers, machineries) to increase yield, enhance diversification, and intensification; and of the opportunity of irrigation to become the anchor for the development of value chains and strong producer organizations. The Project will keep a focus on sustainability, through Institutional Strengthening and Implementation Support (Component 3). Component 1. Irrigation and Drainage Service Development (US$170 million) Component 1 will construct new large-scale irrigation schemes, carry out activities for the Operational and Maintenance (O&M) of new and existing schemes, develop studies for future schemes, and implement integrated catchment management interventions. This component will be implemented by MWE, with the exception of a reforestation activity which will be implemented in collaboration with the National Forestry Authority (NFA). Sub-component 1.1: Infrastructure Development. Activities will include: (i) dam construction and associated head works; (ii) construction of irrigation networks (pipes, canals, hydro-mechanical equipment); (iii) on- farm irrigation works and equipment; (iv) construction of drainage networks; (v) construction of access and scheme roads; (vi) construction of scheme offices, sanitation facilities, and weather stations; (vii) technical assistance for preparation of feasibility studies and detailed designs for irrigation schemes; (viii) technical assistance for monitoring and control of works; (ix) technical assistance for O&M of irrigation schemes (including WUAs); (x) technical assistance for environmental audits and implementation of the Environmental and Social Management Plan (ESMP). Sub-component 1.2: Integrated Catchment Management. Activities will include: (i) technical assistance for the preparation of scheme- specific catchment management plans; and (ii) implementation of the interventions identified in the catchment management plans. Component 2. Support services for agricultural production and value-chain development (US$20 million) Component 2 will create and strengthen farmer groups2 in marketing, finance, and organizational management; facilitate access to quality inputs and appropriate technologies and practices with the aim of improving production and productivity; and support value chain development and market (domestic and regional) linkages to increase the value of traded items for better economic gains. The 2 Including Cooperatives, Associations, Rural Producer Organizations and Area-based Commodity Cooperative Enterprises. 23 component will take a value chain approach, focusing on key commodities such as coffee, bananas, horticultural (fruits and vegetables) crops, and forage. This component will be implemented by MAAIF. a. Subcomponent 2.1: Farmer Organizational Capacity Enhancement and Support. Activities will include technical assistance to create and strengthen farmer groups. b. Sub-component 2.2: Production and Productivity Improvement. Activities will include: (i) technical assistance to provide extension services, facilitate access to inputs, promote good agricultural practices, sustainable land management practices, and integrated pests and disease management; (ii) matching grants to facilitate access to inputs (seeds, fertilizers, agro-chemicals), equipment (machineries) and irrigation technology (farmer-led irrigation); and (iii) purchase of small goods. c. Sub-component 2.3: Value Addition and Market linkages. Activities will include: (i) technical assistance to support value chain actors in improved post-harvest handling, agro-processing, access to financing services, access to markets and market information; and (ii) matching grants to facilitate access to post-harvest handling and processing tools, equipment and machinery. Component 3. Institutional Strengthening and Implementation Support (US$10 million) Component 3 will provide project implementation support, studies and technical assistance for institutional strengthening of MWE and MAAIF. This component will be implemented by MWE. Activities will include: a. purchase of project implementation goods (ICT Equipment, vehicles); b. technical assistance to the Project Management Unit (PMU); c. travel costs; and d. technical assistance to MWE and MAAIF in irrigation regulations/guidelines and necessary supporting studies (e.g. irrigation water tariff) for implementing the National Irrigation Policy. 1.3 RATIONALE FOR PREPARATION OF A RESETTLEMENT POLICY FRAMEWORK This document represents the Resettlement Policy Framework (RPF) for the proposed IDCRP project. It describes the policies, procedures and processes that will be followed throughout the project in the course of mitigation of adverse social impacts due to project activities among the project affected persons, with and without legal title, whose land/properties, businesses and other assets are expropriated for the execution of the construction works. Resettlement Policy Framework is prepared to guide potential land acquisition and potential resettlement for the construction of infrastructural projects in accordance to the requirements of the World Bank (WB) and its Operational Policy 4.12 and fit with the national legislation. 24 WB OP 4.12 indicates that a Resettlement Policy Framework (RPF) needs to be prepared at appraisal if the extent and location of resettlement cannot be known because the project has multiple components. By the time of preparation of this document the type of the infrastructural projects which will be supported by this program is unknown. Thus, framework is being prepared and not Resettlement Action Plan. 25 1.4 RELEVANCE OF THE PROJECT DEVELOPMENT IDEA The country has relatively abundant land and water resources, which is highly underutilized, yet irrigation development is still at a very low level. The estimated irrigation potential varies among the conclusions of different studies depending on the levels of economic rate of returns, e.g. 1.1million ha (AICD/IFPRI, 2010) and 3.0 million ha (NBI 2012). To date only some 15,000 ha out of the 8.85 million ha of land cultivated is irrigated (less than 0.2%), the rest is rain-fed. At the same time, food security, food production and nutrition needs for fast growing population in Uganda remain an important concern. Agricultural production is rain-dependent with low productivity, very vulnerable to changing climate as evidenced in this year’s drought. The need for the project is premised on the following: 1.4.1 GROWING CHALLENGES OF WATER SCARCITY Water is a key ingredient in Agricultural production and productivity. Currently the agricultural production in Uganda is overly dependent on rain. This conventional rain-fed agricultural production is threatened by climatic changes resulting in poor crop and livestock production and productivity and reduces livelihood revenues accruing from the agricultural sector. Farmers have continued to grapple under the effects of climate change due to over reliance on rain- fed agricultural though there is great potential to harness the available water in order to increase agricultural production and productivity. Water demands for irrigated agriculture are expected to grow exponentially in coming years as climate change perpetuates unreliable rainfall patterns. Securing availability of water for agriculture will guarantee food security and the livelihood of the residents, including the most vulnerable groups and addresses the need of the very poor in society. Up-scaling irrigated agriculture in Uganda is therefore crucial. 1.4.2 LIMITED ACCESS TO AGRICULTURAL FINANCING Currently farmers face a challenge of low quality of produce and have limited access to finance markets. This has been prompted by inadequate agronomic practices including storage and processing of produce to the desired quality. Furthermore, sustainability of the existing irrigation infrastructure is grossly affected by poor catchment management practices and ineffective operation and maintenance which results in reduced functionality of the systems. It is therefore pertinent that Farmer Based Management Organizations (FBMOs) are established to ensure sustainable management of these systems. 26 1.4.3 LIMITED LEVEL OF OPTIMAL LAND UTILIZATION The country has relatively abundant land and water resources, which are highly underutilized, yet irrigation development is still at a very low level. The estimated irrigation potential varies among the conclusions of different studies depending on the levels of economic rate of returns, e.g. 1.1million ha (IFPRI, 2010) and 3.0 million ha (NBI 2012). To date only some 15,000 ha out of the 8.85 million ha of land cultivated is irrigated (less than 0.2%), the rest is rain-fed. At the same time, food security, food production and nutrition needs for fast growing population in Uganda remain an important concern. Agricultural production is rain-dependent with low productivity, very vulnerable to changing climate as evidenced in this year’s drought. 1.4.4 NEED FOR INTEGRATED NATURAL RESOURCES MANAGEMENT The Uganda Irrigation Modernization and Climate Resilience Program – Phase I is intended to consolidate and expand the GoU efforts towards irrigation development in the country to address gaps and emerging issues. The project will adopt an integrated natural resource development in conjunction with development of human resources to achieve sustainable growth of food production as well as supply of produce to the export market. Irrigated agriculture will be the centerpiece of the project around which all other natural resource development will evolve. With the development of the proposed schemes, smallholder farmers will transform from climate dependent rain-fed farming to more sustained value added market-led agriculture for export and or import substitution. The Project is consistent with this development agenda in Uganda. The Project’s key activities, notably, development of irrigation infrastructure, promotion and development of agribusiness, and, integrated natural resources management, to enhance household incomes are consistent with the country’s Agricultural Sector Support Programme (ASSP), both of which prioritize investment in water for production and promote investment in sustainable natural resource use, the Rural Development Strategy (RDS) of the Ministry of Finance, Planning and Economic Development (MoFPED) which focuses on rural infrastructure development and the National Agriculture Policy 2013. 1.4.5 ADDRESS FOOD SECURITY ISSUES The Project activities will also lend support to the Government’s plans for food and nutritional security, sustainable agricultural productivity and natural resources, climate change challenges, and agribusiness development and marketing. 2 OBJECTIVES AND METHODOLOGY USED FOR THE RPF 27 2.1 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK The objectives of the Resettlement Policy Framework (RPF) are to: a. Establish the Irrigation Development and Climate resilience project resettlement and compensation principles and implementation arrangements; b. Describe the legal and institutional framework underlying Ugandan approaches for resettlement, compensation and rehabilitation; c. Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements; d. Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and e. Provide procedures for filing grievances and resolving disputes. f. Describe the organizational arrangements, implementation process, monitoring and arrangements for funding. The RPF will apply to Irrigation Infrastructure construction works and any other project activities under the different components and sub components which trigger involuntary resettlement. The procedures will be carried out throughout preparation and implementation and impacts of any potential resettlement will be included in monitoring and evaluation (M&E). When a Resettlement Action Plan (RAP) is required, it will be prepared in accordance with guidance provided in this RPF, including Detailed Measurement Surveys, Identification (Census) of PAPs/displaced persons, and Public Consultation and Disclosure Procedures (PCDP). The RPF follows the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP4.12), as described in ANNEX 1. The RPF ensures that any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures against potential impoverishment risks. These risks can be minimized by: a. Avoiding displacement of people without a well-designed compensation and relocation process; b. Minimizing the number of PAPs, to the extent possible by seeking alternative sites and designs; c. Compensating for losses incurred and displaced incomes and livelihoods where land take in an avoidable; and d. Ensuring resettlement assistance or rehabilitation, is timely and as needed, to address impacts on PAPs livelihoods and their wellbeing. 28 2.2 METHODOLOGY USED FOR THE PREPARATION OF THE RPF The RPF for Irrigation Development and Climate Resilience Project was prepared based on the following methodology: field visits to selected project sites, review of previous RPF and project documents, regulatory review (Uganda), review of World Bank Safeguard Policies, key stakeholder consultations. 2.2.1 Field visits The study involved visits to five selected Districts of Kanungu, Isingiro Tororo and Lamwo 2.2.2 Review of Documents Additionally, in the preparation of the Resettlement Policy Framework, the following documents were accessed and reviewed amongst others: Draft (ToR) for a Consultancy for preparation of Resettlement Policy Framework; a) Irrigation Development and Client Resilience Project Appraisal Document (PAD); b) Uganda Environmental Policy Requirements and Environmental Protection Agency Act; c) Environmental & Social Management Framework (ESMF) for the Irrigation Development and Client Resilience Project d) Review of regulatory laws of Uganda; and e)Review of the World Bank Operational Safeguards Policies f) National Irrigation Policy 2.2.3 Stakeholders Consultation and Participatory Approaches The Consultant conducted stakeholder consultations with farmers and communities near the proposed project sites in the villages of Matanda Kagoto, and Malawa found in Kanungu, Isingiro, and Tororo Districts respectively as shown in Error! Reference source not found.. Meetings were also held with the District officials for the project affected Districts to seek their views and understand their concerns for the upcoming project as shown in Error! Reference source not found.. These meetings were held between 6th- 10th August, 2018. 29 Figure 1: Stakeholder meeting with the communities Figure 2: Meeting with the stakeholders in Tororo District Figure 3; Consultations with Lamwo District CAO Figure 4: Community consultations at Mudu central 30 3 LEGAL, POLICY AND INSTITUTION FRAMEWORK This section describes the legal and administrative framework for undertaking land acquisition and resettlement for the Project, with specific reference to all relevant Uganda laws and other statutory provisions, and the World Bank OP 4.12 for Land Acquisition and Involuntary Resettlement. 3.1 POLICY FRAMEWORK 3.1.1 The Social Development Sector Strategic Investment Plan (SDIP 2) 2011/12–2015/16 The Social Development Sector fosters the rights of the vulnerable population, addresses gender inequalities, labor and employment as well as community mobilization and empowerment. The plan recognizes that addressing the rights and needs of the vulnerable and disadvantaged populations such as People with Disabilities (PWDs), older persons, youth, orphans and other vulnerable children and the chronically poor underpins the core concerns of national development. The mission of the SDS is promotion of gender equality, social protection and transformation of communities, while the vision is a better standard of living, equity and social cohesion. The Sector Strategic Objectives include to improve the well-being of vulnerable, marginalized and excluded groups and to address gender inequality in the development process. Expected Outcomes of the plan include gender equality enhanced and vulnerable persons protected from deprivation and livelihood risks among others 3.1.2 The Uganda National Land Policy 2013 This new land policy addresses the contemporary land issues and conflicts facing the Country. The vision of the policy is: “Sustainable and optimal use of land and land-based resources for transformation of Ugandan society and the economy” while the goal of the policy is: “to ensure efficient, equitable and sustainable utilization and management of Uganda’s land and land-based resources for poverty reduction, wealth creation and overall socio-economic development”. 3.1.3 Access to Land for Investment Section 4.16 of the Policy (86) states that government shall put in place measures to mitigate the negative impacts of investment on land to deliver equitable and sustainable development. While part 90 of the same section positions government to protect land rights, including rights of citizens in the face of investments with measures for clear procedures and standards for local consultation; mechanisms for appeal and arbitration; and facilitate access to land by vulnerable groups in the face of investments. 31 3.1.4 Measures for Protection of Land Rights Section 4.18 (93) of the Policy recognizes the inability of the majority of Ugandan to afford the cost of formally securing land rights and therefore government will put in place a framework that would ensure that land rights held by all Ugandans are fully and effectively enjoyed. 3.1.5 Rights for Minorities As regards land rights of ethnic minorities, the Policy states that: Government shall, in its use and management of natural resources, recognize and protect the right to ancestral lands of ethnic minority groups; Government shall pay prompt, adequate and fair compensation to ethnic minority groups that are displaced from their ancestral land by government action. To redress the rights of ethnic minorities in natural habitats, Government will take measures to establish regulations by Statutory Instrument to: a. recognize land tenure rights of minorities in ancestral lands; b. document and protect such de facto occupation rights against illegal evictions or misplacements; c. consider land swapping or compensation or resettlement in the event of expropriation of’ d. ancestral land of minorities for preservation or conservation purposes; e. detail terms and conditions for displacement of minorities from their ancestral lands in the f. interest of conservation or natural resources extraction; i. pay compensation to those ethnic minorities that have in the past been driven off their ancestral lands for preservation or conservation purposes; ii. deliberate and specify benefit-sharing measures to ensure that minority groups resources on their ancestral lands rendered to extractive or other industry; iii. recognize the vital role of natural resources and habitats in the livelihood of minority the gazettement or de-gazettement of conservation and protected areas. 32 3.2 UGANDAN LAWS The legal context for the application of this involuntary land acquisition will depend on the project components mainly be governed by The Constitution of Uganda 1995 and The Land Act of 1998 (as amended in 2004) and to some extent The Land Acquisition Act 1965, the Water Act and Education Act. The key policy is the National Land Policy 2011 3.2.1 The Constitution of the Republic of Uganda, 1995 Land in Uganda belongs to the citizens of Uganda and is vested in them in accordance with four land tenure systems: Customary, Freehold, mailo and Leasehold. However, the government or a local government may acquire land from individual owners in the public interest. To this end, compulsory deprivation of property or an interest in or right over property of any description can only be made under a law which makes provision for prompt payment of fair and adequate compensation prior to the taking possession or acquisition of the property, and a right of access to a court of law by any person who has an interest or right over the property. 3.2.2 Land Act Cap 227, 1998 This law regulates the tenure, ownership and management of land in Uganda. The Act establishes a number of land administration institutions, notably District Land Boards, District Land Office, Land Tribunals and Land Committees. The Land Act makes further provision for government or local government to acquire land compulsorily as long as this is done after the affected persons have been adequately compensated (the procedure for this acquisition is set out in the Land Acquisition. 3.2.3 Land Acquisition Act Cap 226, 1965 Compulsory acquisition of land is defined as the intervention of Government, including local government, to acquire land in the national interest, such as public use, interest of defence, public safety, public order, public morality and public health. There is no provision for compulsory acquisition of land by individuals or corporate bodies in the name of public interest and is thus the explicit prerogative of the State. The Act stipulates that landowners affected by compulsory acquisition must be adequately compensated for their land, developments thereon, and loss of livelihood prior to the resettlement or relocation. The procedures for compulsory acquisition are also detailed in the Act. 3.2.4 Property and Land Rights In Uganda The Constitution of Uganda, 1995 vests all land directly in the Citizens of Uganda, and states that every person in Uganda has the right to own property. The Constitution also sets the standard for any form of compensation in Uganda and provides for prompt payment of fair 33 and adequate compensation prior to the taking possession or acquisition of the land/property. Ugandan law recognizes four distinct land tenure systems, customary tenure, Freehold tenure, Leasehold tenure, and Mailo tenure. 3.2.5 Acquisition, Valuation of Land and other Assets Both the Constitution, 1995 and The Land Act, Cap 227 gives the government and local governments’ power to compulsorily acquire land. The Constitution states that “no person shall be compulsorily deprived of property or any interests in or any right over property of any description except” if the taking of the land necessary “for public use or in the interest of defence, public safety, public order, public morality or public health.” 3.2.6 Valuation Section 77 of the Land Act gives valuation principles for compensation; i.e. crops are compensated at rates set by the District Land Boards; the basis of compensation for land is open market value. The value of buildings is to be taken at open market value for urban areas and depreciated replacement cost in the rural areas. In addition, a 15% or 30% disturbance allowance must be paid if six months or less notice is given to the owner. 3.2.7 Dispute Resolution and Grievance Mechanisms The Land Act, Cap 227 states that land tribunals must be established at district level. It empowers the District Land Tribunals to determine disputes relating to amount of compensation to be paid for land acquired compulsorily. The affected person may appeal to a higher ordinary court. The Land Acquisition Act allows for any person to appeal to the High Court within 60 days of the award being made. All land disputes must be processed by the tribunals, before the case can be taken to the ordinary courts. The act also states that traditional authority mediators must retain their jurisdiction to deal with and settle land disputes. 3.2.8 The Children’s Act, Cap 59 This is an Act to reform and consolidate the law relating to children; to provide for the care, protection and maintenance of children; to provide for local authority support for children; to establish a family and children court; to make provision for children charged with offences and for other connected purposes. In particular, Section 8 of this Act provides that no child shall be employed or engaged in any activity that may be harmful to his or her health, education or mental, physical or moral development. 34 This Project will require workers during construction, operation and maintenance phases. However, any employment or engagement of children will be done in line with the restrictions of this Act and the Employment Act to ensure that risks to children are either eliminated, or reduced to as low as reasonably practicable. The contractor will have an Orientation on all the labour laws including the child labour before starting works. The contractor will consult and involve the labor officers in each of the respective offices to ensure that there is compliance on no child labour during construction of the channels. In addition, the contractor will confirm age of potential labourers prior to hiring through National Identity card, birth certificate or confirming with LC and community elders. 3.3 OP 4.12-WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT The World Bank’s safeguard policy on involuntary resettlement (OP 4.12) is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions to access to natural resources, may take place as a result of the project. It includes requirements that: a. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons physically displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of land resulting in: i. Relocation or loss of shelter; ii. Loss of assets or access to assets; or iii. Loss of income sources or means of livelihood, whether or not the affected persons must move to another location. 3.4 COMPARISON BETWEEN LAND LAW IN UGANDA AND WORLD BANK OP 4.12 Although the Ugandan Constitution requires that prompt, fair and adequate compensation be paid prior to displacement, this is not on par with OP 4.12, as there is no requirement that states that the government should provide alternative land or assist with resettlement. 35 Additionally, it is unclear how to interpret “prompt, fair and adequate” compensation. OP 4.12 states that displaced persons should be compensated at full replacement cost. Ugandan law does not make any specific accommodation for squatters or illegal settlers, and reimbursement is based on legal occupancy. There is also no provision in the law that the state should attempt to minimize involuntary resettlement. Furthermore, the GoU has recently prepared the final National Land Policy (2013) aimed at consolidating a number of scattered policies, which exist on various aspects of the land question, but are diverse, sectoral and inconclusive in many respects. Uganda has never had a clearly defined and / or consolidated National Land Policy since the advent of colonialism in the nineteenth century. Post-independence and recent attempts to settle the land question by the Land Reform Decree 1975, the 1995 Constitution of Uganda, and the Land Act 1998 failed to deal with the fundamental issues in land tenure due to absence of clear policy principles to inform the enactment of legislation that offers politically and socially acceptable and technically feasible solutions. The key policy issues touch on; a. historical injustices and colonial legacies, b. Contemporary issues mainly arising from such legacies c. Land use management issues. 3.4.1 OP 4.11 - Physical Cultural Resources Cultural resources are important as sources of valuable historical and scientific information, as assets for economic and social development, and as integral parts of a people's cultural identity and practices. The loss of such resources is irreversible, but fortunately, it is often avoidable. The objective of OP/BP 4.11 on Physical Cultural Resources is to avoid, or mitigate, adverse impacts on cultural resources from development projects that the World Bank finances. Table 1 Gap analysis between World Bank and Ugandan Legislation. 3.5 INSTITUTIONAL FRAMEWORK The main agencies that will be involved managing the implementation of this RPF are:  Ministry of Water of Environment (MWE)  Ministry of Lands, Housing and Urban Development, MLHUD (approving compensation rates)  Ministry of Gender, Labour and Social Development, MGLSD  Private Sector Entities.  Local district administrations (Kanungu, Tororo, Isingiro and Lamwo District) 36 3.5.1 Ministry of Water and Environment (MWE) The MWE is collaborator with MAAIF to execute this project. In addition, through its technical arm (the Directorate of Water Development - DWD), MWE has a responsibility to regulate quality and quantity of water resources in the country. DWD’s major function is to promote rational management and use of water resources of Uganda by coordinating and regulating activities that may impact on water quality and quantity. Specifically, quality and quantity of water in watercourses is monitored by DWD’s Directorate of Water Resources Management (DWRM), which also issues permits for water abstraction and effluent disposal. Relation to the project: MWE is a collaborator with the project developer and will entirely be responsible for administrating the compensation process and related resettlement activities. 3.5.2 Ministry of Lands, Housing and Urban Development (MLHUD) The Chief Government Valuer (CGV) in the Valuation Division in the Ministry of Lands, Housing and Urban Development (MLHUD) is responsible for approving the property valuation report developed as part of resettlement. Additionally, property or cadastral survey report is submitted to the Commissioner for Surveys & Mapping in MLHUD for review and approval. Relation to the project: MLHUD will therefore also play a direct role in compensation and resettlement activities of proposed project. 3.5.3 Ministry of Gender, Labour & Social Development, MGLSD This Ministry guides all actors in the social development sector and creates an enabling environment for social transformation, leading to improved standards of living for all, increased equality and social cohesion. These roles make MGLSD a key secondary stakeholder in proposed irrigation scheme with roles of empowering project communities to harness their potential through cultural growth, skills development and labour productivity for sustainable and gender responsive development. MGLSD has a department of occupational health and safety which is mandated to inspect workplace to ensure safety and gender equity. The Ministry has the following projects which should tie into and compliment objectives of proposed irrigation scheme project.  Community Rehabilitation Programme for the Disabled (CBR);  Support to AIDS Orphans and Other Vulnerable Children (PCY);  Elimination of Child Labour. 37 Relation to the project: Above programmes are relevant in so far as some PAPs may be disabled (hence require CBR programmes) or need FAL and PCY. In addition, MGLSD will ensure that Livelihood Restoration Programmes are executed satisfactorily during resettlement and that the needs of vulnerable PAPs are catered to. 3.5.4 Uganda Land Commission The Uganda Land Commission holds and manages land in Uganda vested in or acquired by Government of Uganda and would be involved where such land is affected by the proposed Irrigation project. This applies to where land affected by the buffer zones and canals of the Irrigation system. Relation to the project: Uganda Land Commission will manage the land covered by the Irrigation infrastructures on behalf of the Government of Uganda. 3.5.5 Private Sector Entities RAP implementation will involve private sector consultants hired by PIU implementation Ministries for verification and actual payment of compensation to PAPs. These entities are not known at this time since they will be hired through competitive bidding as per Uganda’s procurement laws. Relation to the project: Private consultants will support the implementation of subsequent RAPs. 3.5.6 District Local Administration Structures The proposed project is within the jurisdiction of Kanungu, Tororo, Isingiro and Lamwo District Local Governments headed by a Local Council V (LCV) Chairman and Chief Administration Officer (CAO) who is the political head and technical head respectively. Various district offices whose functions would be relevant to the project include offices of Natural Resources/Environment, District Health Inspector, District Planner, Community Development Officer, District Director of Health Services, District Water Officer, Town Council and District Engineer. Equally important are village-level local council administration (LC I and LC III). Leaders at these levels of local administration are closer to residents and therefore important in effective community mobilization, sensitization and dispute resolution given that the proposed project is going to benefit communities. 38 Role in the project: Local government structures are important for mobilizing support for the project as well as monitoring the implementation of social-environmental mitigation measures throughout the project cycle. During compensation, LC1s and LC3s in project- affected areas will support the identification or verification of rightful property owners. Table 1: Gaps between World Bank and Ugandan legislation applicable to each impact Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact Land Owners The Constitution of Uganda, World Bank Policy recognises The Ugandan law does Alternative land 1995 recognizes four distinct the rights of those affected not compensate those (wherever available) or land tenure systems, people: without legal right or Cash compensation at Customary tenure, Freehold • Who have formal legal claim to the land. full replacement value or tenure, Leasehold tenure and rights to the land or assets (based on market value + Mailo land tenure. they occupy or use Uganda laws and the 15% to 30% disturbance Land is valued at open market • Who do not have formal WB O.P 4.12 are allowance). value and a 15% to 30% legal rights to land or consistent in disturbance allowance must assets, but have a claim to compensation at full All forms of tenancy be paid if six months or less land that is recognized or replacement cost and based on formal or notice is given to the owner. recognizable under cash compensation. informal rights Cash compensation is the national law recommended option. • Who have no recognizable In kind compensation legal right or claim to the should be offered as an land or assets they occupy option to the PAPs or use. where (alternative land Compensation of lost assets is available for the PAPs) at full replacement costs. + 15 to 30% disturbance Cash compensation is allowance of the value of recommended where there the affected asset. are active land markets and livelihoods are not land based. 39 Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact Land Tenants Leasehold tenure is created Must be compensated, The Ugandan law does OP 4.12 requirements either by contract or by whatever the legal not compensate those apply. Cash operation of the law. The recognition of their without legal right or compensation for crops, landlord grants the tenants or occupancy. claim to the land or trees or any lease exclusive possession of improvements made to the land, usually for a period the land, including defined and in return for a structures. rent. The tenant has security Crops will be of tenure and a proprietary compensated at market interest in the land. Cash value for the remaining compensation is based upon period of tenancy/ lease market value of land and agreement, whichever is disturbance allowance (15- greater and 30%). Entitled to improvements at full compensation based upon the replacement value. amount of rights they hold upon land. Disturbance allowance Land Squatters Leasehold tenure is created Must be compensated, The Ugandan law does OP 4.12 requirements either by contract or by whatever the legal not compensate those apply. Squatters are operation of the law. The recognition of their without legal right or entitled to compensation landlord grants the tenants or occupancy claim to the land or for the development on lease exclusive possession of the land and will be the land, usually for a period given time to the PAPs to defined and in return for a harvest any crops. rent. The tenant has security Perennial crops will be of tenure and a proprietary compensated using most interest in the land. Cash recent District rates. compensation is based upon A disturbance allowance market value of land and will also be provided to disturbance allowance (15- the PAPs. 30%). Entitled to compensation based upon the 40 Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact amount of rights they hold upon land. Owners of non- Cash compensation based Recommends in-kind O.P 4.12 does not District compensation permanent buildings upon rates per m2 established compensation or cash provide for the rates + disturbance such as kiosks, at District level, disturbance compensation at full disturbance allowance. allowance. butchery shops, allowance (15% or 30%). replacement cost. Ugandan law does not Cash compensation. wooden shacks for Recommends resettlement provide for Livelihood restoration, food vendors etc. assistance. resettlement assistance. including identification of alternative sites Owners of Valuation based on Compensation at full The Ugandan laws are Cash Compensation at permanent buildings. replacement value and replacement cost. consistent with O.P replacement cost + 15% guidance from CGV & 4.12 in regard to disturbance allowance. disturbance allowance (15% or replacement cost. 30%). . Perennial Crops Cash compensation based Compensation at full O.P 4.12 does not Cash compensation using upon rates per replacement cost. provide for the Isingiro, Kanungu and m2/bush/tree/plant Income restoration. disturbance allowance. Tororo and Lamwo established at District Level District rates + and disturbance allowance disturbance allowance (15% or 30%). Seasonal crops No compensation. 3-6 No specific provision No compensation. months’ notice given to Expected to be harvest crops. harvested. However, in the event that livelihoods are lost compensation will be given. Loss of income No specific provision Livelihoods and living The Ugandan In the context of this standards are to be restored legislation does not project, practical in real terms to pre- provide for restoration livelihood restoration displacement levels or better of livelihoods. measures have been proposed. 41 Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact The 1995 Uganda Constitution Both the Ugandan stipulates that: “the State Constitution and WB Particular attention should shall take affirmative action in OP 4.12 favour be paid to the needs of favour of groups marginalised vulnerable groups. Special attention will be vulnerable groups among on the basis of gender, age, However, the Ugandan paid to vulnerable those displaced such as those disability or any other reason law, vulnerable groups persons affected and below the poverty line, Vulnerable groups […] for the purpose of are not fully described necessary measures will landless, elderly; women and redressing imbalances which in the context of be provided in the children and indigenous exist against them”. This resettlement and land entitlement matrix of the peoples and ethnic regulation is not fully acquisition. RAP. minorities. described in the context of resettlement and land acquisition. Relocation and Both the Constitution, 1995 Avoid or minimize Provisions from OP 4.12 Resettlement and The Land Act, 1998 give involuntary resettlement There is no will apply. the government and local and, where this is not requirement under the authorities, power to feasible, assist displaced Ugandan law to compulsorily acquire land. persons in improving or at minimize land The Constitution states that least restoring their acquisition. “no person shall be livelihoods and standards of compulsorily deprived of living in real terms relative to property or any interests in or pre-displacement levels or to any right over property of any levels prevailing prior to the description except” if the beginning of project taking of the land is necessary implementation, whichever is “for public use or in the higher. interest of defence, public safety, public order, public morality or public health.” Livelihood There are no explicit Livelihoods and living Ugandan policy and The project will provide restoration and provisions under resettlement standards are to be restored legislation would need transition allowance. assistance or relocation for livelihood in real terms to pre- to be aligned with Bank assistance. displacement levels or better policy to effectively 42 Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact guarantee rights of all affected persons of involuntary resettlement. Consultation and There are no explicit Consult project-affected While the consultation OP 4.12 requirements disclosure provisions for consultations persons, host communities requirement is will apply. and disclosure but there are and local NGOs, as inherent in the EIA, it guidelines issued by separate appropriate. Provide them contains a number of ministries (e.g. roads and opportunities to participate differences with the energy). in the planning, requirements of Bank The Land Acquisition Act, implementation, and policy however, makes provision for monitoring of the an enquiry whereby the resettlement program, affected person can make especially in the process of formal written claim and the developing and assessment officer is obliged implementing the procedures to conduct a hearing for determining eligibility before making his award. for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms Grievance The Land Act, 1998 states that Establish appropriate and Grievance committees to mechanism and land tribunals must be accessible be instituted within the dispute resolution established at all districts. The procedure but will not Land Act empowers the Land replace the existing legal Tribunals to determine process in Uganda; disputes and it provides for rather it seeks to resolve appeal to higher ordinary issues quickly so as to courts. The Land Acquisition expedite receipt of Act provides for the aggrieved entitlements and smooth 43 Category of PAPs/ Provisions for this RPF Type of Lost Assets/ Ugandan Law OP 4.12 Gap Analysis and ensuing RAPs Impact person to appeal to the resettlement without High Court. resorting to expensive and time-consuming legal action. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress. Calculation of According to the Land Act, Cap Bank policy requires: (a) There are no equivalent Market value is based on compensation and 227 (section 77), the value of prompt compensation at full provisions on relocation recent transactions and valuation Customary land shall be the replacement cost for loss of assistance, transitional thus if alternative open market value of the assets attributable to the support, or the property is purchased unimproved land. Value of the project; (b) if there is provision of civic within a reasonable buildings shall be at open relocation, assistance during infrastructure. period of the market value for urban areas relocation, and The basis of payment of and depreciated replacement residential housing, or compensation compensation, it is cost for rural areas. housing sites, or agricultural assessment is not stated likely that market value The crops and buildings of a sites of equivalent productive in the will reflect full non-permanent nature are potential, as required; Land Acquisition Act (an replacement cost. compensated at rates set by (c)transitional support and old law due for review), However, local inflation in District Land Boards development assistance, such although the price land or construction as land preparation, credit Constitution provides materials facilities, training or job for ‘prompt, fair and can affect what is opportunities as required, in adequate’ determined as addition to compensation compensation. (article replacement cost. If this measures; (d) cash 26) is not reflected in recent compensation for land when transactions, market the impact of land acquisition value may not reflect on livelihoods is minor; and (e) replacement value. provision of civic infrastructure and community Compensation will be services as required. done at full replacement cost 44 4 PROCESS FOR PREPARATION AND IMPLEMENTATION OF RESETTLEMENT ACTION PLANS This RPF guides the preparation of Resettlement Action Plan (RAP) Project’s RAP/ARAP, consistent with this RPF, will be created and submitted to the World Bank for its approval. MWE through the PIU Implementation Support Team will make sure that, a comprehensive Resettlement Action Plan is prepared for each activity that triggers resettlement. 4.1 IDENTIFICATION OF SUB-PROJECT SITES Since the exact locations of the project sites are unknown, the preparation and disclosure of this Resettlement Policy Framework is a conditionality for appraisal by the World Bank and Borrowers. However, during implementation of the project, identification of these sites will be made and when that happens, a screening of each proposed intervention or project site should be undertaken to identify whether the site and proposed intervention presents involuntary resettlement impacts and risks. If it is determined that more than 200 people would be affected, this will require the preparation of a Resettlement Action Plan (RAP). If less than 200 persons are affected by a sub-project, an Abbreviated Resettlement Plan (ARAP) will have to be prepared in accordance with OP 4.12 para 25; and where impact on the entire population are minor, or fewer than 200 people are displaced, an Abbreviated Resettlement Plan may be agreed with the borrowers. This will inform the choice of resettlement and compensation options and help estimate compensation cost. If there is no resettlement impact identified, then the World Bank policy on involuntary resettlement OP 4.12 shall not be triggered and no RAP is required however, the project will document the outcome of the screening report that shows there is no land acquisition and resettlement impacts. Therefore, Irrigation and Climate Resilience Development Project infrastructure that will be implemented will require preparation of RAP since the different interventions may require the Involuntary taking of land, loss of livelihood and other assets or result in economic impact. According to the Operational Policy 4.12 once the subprojects or individual project components are defined and the necessary information becomes available, a RPF will be expanded into a specific plan (RAP) appropriate to potential risks and impacts. This will inform the choice of resettlement and compensation options and help estimate compensation cost. This RPF provides a framework for resettlement associated with the project. Each subproject will need to go through a process to identify the level of resettlement required, and if so, the development of a plan for resettlement. At this stage, the World Bank OP 4.12 calls for the preparation of individual RAPs or ARAPs that must be consistent with this RPF. As soon as the list of sub-projects are identified and approved by the responsible agency implementing the program (in this case MWE), a consultative and participatory process for preparing a RAP will be started, which involves; identification and hiring of an appropriate team that will carry out the RAP (Such a team should include a Sociologist, Surveyor, Valuation Experts and the Local Government representatives); consultations with the key stakeholders will be initially done to justify the need for the resettlement and plan the way forward; undertaking a socio- 45 economic survey to determine the scope and nature of resettlement impacts. The likely displaced persons will be categorized using identifiable groupings or demographics (such as occupational groups, gender, age groups), description of the area, and their livelihoods or standards of living and specific needs identified, described and assessed. The socio-economic survey will constitute the basis for evaluating the success of the resettlement operations in terms of whether the PAPs have been able to restore their incomes and improve their standards of living. While identifying the project affected people, particular attention is to be paid to the needs of the Vulnerable groups among those economically and /or physically displaced particularly those below the poverty line, the landless, the elderly, women and children, women and child headed households, indigenous groups, ethnic minorities, HIV/AIDS afflicted persons, orphans, street children, and other historically disadvantaged groups who may not be protected by Uganda’s land compensation procedures. 4.2 OVERALL RAP PROCESS Through the adaptation of this RPF all RAPs should be prepared following requirements and procedures given in this RPF. The processes to follow when carrying out RAPs are explained below. 4.2.1 Screening The safeguard consultants recruited by MWE-PIU, based on the design of the subproject, shall carry out screening to identify the involuntary resettlement impacts and risks. If resettlement impacts are found because of the Irrigation and Climate Resilience Development Project’s subproject, the World Bank policy on Involuntary Resettlement (OP4.12) shall be triggered and RAP for the subproject shall be prepared and submitted to World Bank for review and clearance. If there is no resettlement impact identified, then the World Bank policy on involuntary resettlement OP 4.12 shall not be triggered and no RAP is required but the Due Diligent Report specifying no demand on land acquisition and resettlement impact should be prepared and submitted to the World Bank for clearance. Each RAP should be submitted for review and approval to the World Bank in good time before the commencement of the subproject works. Activities for compensation and support can be started only when the World Bank has approved each RAP. The payment for compensation, allowances and other support or assistance should be completed before taking of land and related assets. 4.2.2 RAP Preparation If it is determined as a result of screening that the implementation of the subproject will lead to resettlement impact, then a RAP must be prepared. As soon as the list (sub-projects) is approved by the MWE, a consultative and participatory process for preparing a RAP will be started, as follows:  A socio-economic survey will be completed to determine scope and nature of resettlement impacts.  The socio-economic study will be carried out to collect data in the selected sub-project sites. 46  The socio-economic assessment will focus on the potential affected communities, including some demographic data, description of the area, livelihoods, the local participation process, and establishing baseline information on livelihoods and income, landholding, etc. Annex 1 describes the requirements for the RAP in detail. In general, the RAP contains the following information: a) Baseline Census; b) Socio-Economic Surveys; c) Specific Compensation Rates and Standards; d) Entitlements related to any additional impacts; e) Site Description; f) Programs to Improve or Restore Livelihoods and Standards of Living; g) Detailed cost estimates and implementation schedule. h) And guidelines for grievance redress mechanism The PIU with the help from key stakeholders will prepare the ToRs for the RAP subject to approval by the Bank. The procurement of the consultant to complete the RAP will also be the responsibility of the MWE under PIU. The following guidelines are used when a RAP is developed. 4.2.3 Consultation and Participatory Approaches A participatory approach is adopted to initiate the compensation process. The consultations must start during the planning stages when the technical designs are being developed, and at the land selection/screening stage. The process therefore seeks the involvement of PAPs throughout the census for identifying eligible PAPs and throughout the RAP preparation process. 4.2.4 Disclosure and Notification All eligible PAPs should be informed about the proposed project and the RAP process. A cut-off date is established as part of determining PAPs eligibility. In special cases where there are no clearly identifiable owners or users of the land or asset, the RAP team must notify the respective local authorities and leaders. A “triangulation” of information-affected persons; community leaders and representatives; and an independent agent (e.g. local organization or NGO; other government agency; land valuer) may help to identify eligible PAPs. The RAP must notify PAPs about the established cut-off date and its significance. PAPs must be notified both in writing and by verbal notification delivered in the presence of all the relevant stakeholders. 4.2.5 Documentation and Verification of Land and Other Assets The government authorities at both national and local levels; community elders and leaders; representatives from the MWE should arrange meetings with PAPs to discuss the compensation and valuation process. For each individual or household affected by the sub-project, the RAP preparation team will complete a Compensation Report containing necessary personal information on the PAPs and their household members; their total land holdings; inventory of assets affected; and demographic and socio-economic information for monitoring of impacts. This information will be documented in a Report, and ideally should be “witnessed” by an independent or locally 47 acceptable body (e.g. Resettlement Committee). The Reports will be regularly updated and monitored. 4.2.6 Compensation and Valuation All types of compensation should be clearly explained to the individual and households involved. These refer especially to the basis for valuing the land and other assets. Once such valuation is established, MWE will produce a Contract or Agreement that lists all property and assets being acquired by the sub-project and the types of compensation selected. All compensation should occur in the presence of the affected persons and the community local leaders. 4.2.7 Public Consultation and Participation Projects involving the community owe their success to community participation and involvement from planning to implementation stage. Hence public consultation through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the project activities. The persons affected by the project should participate in the whole process of the compiling and implementation of the resettlement plan, for which, at this point, before formulating the resettlement plan, public meeting should be held to provide the residents with the right to learn this policy framework. Relevant Local Governments should enable affected households and non- domestic organizations to understand the treatment they may enjoy and the options they may select according to the resettlement plan. 4.2.8 Census of Affected Entities A census of families and persons adversely affected by the Project activities shall be conducted by the Project. The census shall include a complete inventory of all losses to be incurred by each PAP. This information shall include as a minimum: (a) number of persons, main occupation and level of income; (b) number, type, and dimension of the houses; (c) number, quality, and area of all the residential plots; (d) number, category, type, and area of agricultural land held and to be lost by each PAP; (e) tenure status of agricultural land and amount of rent paid by tenant/lessee, where applicable; (f) quantity, category, and dimension of all rent of other fixed assets adversely affected; (g) productive assets lost as a percentage of total productive assets; (h) temporary damage to productive assets; (i) quantity, category, and quality of non-agricultural livelihood adversely affected; (j) quantity, type, and quality of community resources to be acquired. 4.2.9 Socio Economic Survey The census and inventory of loss are supplemented with data from socioeconomic study. The socioeconomic study data and information are used to establish baseline information on household income, livelihood patterns, standards of living, and productive capacity. This baseline information constitutes a reference point against which income or livelihood restoration and the results of other rehabilitation efforts can be measured. Other areas of socioeconomic analysis may include: land tenure and transfer systems; the patterns of social interaction in the affected communities; public 48 infrastructure and social services that will be affected; and social and cultural characteristics of displaced communities. The means of sustaining livelihood for the affected will be captured as this will be used to analyse options for providing resettlement assistance. Interviews are conducted with a systematic sample and using uniform questionnaire. The sample should provide a sufficient number of cases for statistical analysis. 4.2.10 Replacement Cost Survey During preparation of a RAP, the replacement cost study will be carried out by the certified valuer and must be verified by the Government Valuer. The same should apply during RAP updates (that is for RAP studies that may have taken 2 years or more without implementation). Compensation is based on the principle of replacement cost. Replacement cost is the amount calculated before displacement, which is needed to replace an affected asset without deduction for taxes and/or costs of transaction as follows: i) Productive land (agricultural, aquaculture, garden) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value; ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes; iii) Houses and other related structures based on current market prices of materials and labour without depreciation nor deductions for salvaged building materials; iv) Annual crops equivalent to current market value of crops at the time of compensation; i) For perennial crops and trees, cash compensation at replacement cost is equivalent to current market value given the type, age and productive value (future production) at the time of compensation. Timber trees based on diameter at breast height at current market value. The objective of evaluation for land is to determine the prices or rates that will enable PAPs to purchase the same type and quantity of land. The valuation of compensation for the loss of land is based on its market value. Direct interviews with land-owners in the subproject area, including those whose land is affected and those whose land is not; and consultation with the land and real- estate agency service staff, the valuer, etc. are required. The information to collect include the recent land transfers (buying/selling transactions) in the area; the price, at which owners are willing to sell their land; or/and price of the recent transaction; type of land; In the case for annual crops, the survey team needs to calculate the value of crops that are lost, the market price of the crops during last 3 years. Whereas for perennial trees, the information about production and benefit of their fruit tree during last 3 years and the market price of the trees are needed. As for structures, the survey is to determine whether the prices can enable PAPs to rebuild their affected structures. The valuation of compensation for affected structures is based on the principle of replacement cost. 49 4.2.11 Income Restoration If it is found that there are severely affected households and/or relocation households by the subproject, income restoration program or a livelihood restoration program shall be prepared. In order to assist PAPs to restore livelihoods and income levels, the subproject will provide an income restoration package adapted to the needs and situation of PAPs as identified in the socioeconomic surveys. The scope of the entitlements should include an allowance to cover living costs during a period of reduced income while PAPs restore current livelihood and income generating activities or make a transition to new income-generating activities. In kind assistance to reinforce or initiate income- generating activities should also be provided. The income restoration/Livelihood restoration program should be decided in consultation with local authorities and PAPs eligible for the income restoration and will be fully developed in the RAP for each subproject. The RAP team should also have consultative meetings with other stakeholders such as NGOs, CBOs, institutions and organizations who will help in identifying restoration strategies and programs that best suit the PAPs. The RAP process mentioned above should be undertaken by a team consisting of, but not limited to; sociologists, gender specialist, archaeologist, Cultural Heritage Specialist, valuers, surveyors, rural development specialist, public health specialist, agronomists, human rights lawyer, cultural heritage specialist, livelihood restoration specialist. 50 5 SOCIAL ASSESSMENT AND SOCIO-ECONOMIC SURVEYS This chapter provides a description of socio-economic baseline conditions in the proposed project area. A baseline overview of conditions in project districts is provided to give context to observations made during the study. The proposed Irrigation Development and Climate Resilience Project will be located in the districts of, Isingiro, Kanungu, Tororo and Lamwo In addition to a literature review of available statistics, Field visits were undertaken in the potentially project affected areas and a total of approximately 200 individuals were consulted during stakeholder engagement in Kabuyanda, Amagoro Matanda- Enengo and Nyimur. These included potential Project Affected Persons, Central and local government officials, and other relevant stakeholders. The population sample size used for this assessment totaled approximately 1,000 individuals across the four Districts. INSINGIRO DISTRICT 5.1.1 Population The Isingiro District population has been growing rapidly overtime from 342,300 in year 2005 when the District started to 492,117 in year 2014 reflecting an annual growth rate of approximately 3% per annum. The population has grown partly because the District has a high fertility rate. The District women have 6.7 children each, on average—one of the highest levels of fertility in the world. Because fertility has been high for a long time, the District has a very young population. More than half the population is under the age of 18, which results in a high level of child dependency and creates a built-in momentum for future growth. 5.1.2 Sex of household heads Like the rest of the country and the district, the findings from the survey indicated that majority of the household heads are males (74.8%) and 25.2% are females. This is similar to the district statistics where 77.2% of the households are headed by males and 22.8% are headed by females. 5.1.3 Ethnic composition The survey findings showed that the resident population in the project area is mainly comprised of the Bakiga (60.8%), Banyankole (26.3%), Bafumbira (12.1%), Baganda (0.5%), Batooro (0.2%) and Rwandese (0.2%). The socioeconomic survey revealed that majority of the households (57.5%) migrated to this place, purchased land from the local people they found and settled while (42.5%) households claimed that this is their ancestral land (they are /were borne here). The average duration the households have lived on their land is 18 years with the longest duration being 65 years and shortest being less than a year. This implies that the communities have strong social ties in the area. Findings from the socioeconomic survey showed that 83.3% of the household heads are married of which 68.2% are in a monogamous marriage and 15.1% are in a polygamous marriage; 10.3% are widowed, 3.7% are single, and 2.8% are divorced /separated. Most of the divorced and widowed household heads were female. 51 5.1.4 Age of household heads The socioeconomic survey findings showed the average age of the household heads in the project area is 42 years with the youngest being 18 years and the oldest being 90 years. The results show that the majority of the household heads are still in their productive years and therefore commendable for employment opportunities on the project. 5.1.5 Water supply Isingiro District is prone to drought and there is lack of adequate water for both human consumption and production. The average safe water coverage for the entire district is recorded at 35% which is far below the national standard of 66%. According to the National Population and Housing Census 2014 – Isingiro District Profile, 12.3% of the households in the district have access to piped water while 6.1% access water through boreholes. Kabuyanda Sub County depends mainly on water from Gravity Flow Schemes (GFS) and borehole water. The sub county has two Gravity Flow Schemes which include; Rwemango GFS, Rwabymera and four boreholes scattered all over the Sub County. Other sources of water for households in the sub county include springs and swampy water although the quality of the water from these two sources is poor in terms of taste, colour, smell and hardness. Kabuyanda Town Council depends mainly on two streams flowing from Oruhenda from Kabuyanda Sub County and a Gravity Flow Scheme from Rutemba and Kisyoro supplying the town council and other villages in the vicinity. These gravity flow schemes provide water to the communities at no cost. Initially, these gravity flow schemes were owned by associations, organized in small groups through which money was collected for maintenance purpose. These associations later collapsed due to poor management. 5.1.6 Vulnerable groups Like many other societies, there are vulnerable groups in the project area. According to the national housing and population statistics 2014 – Isingiro District Profile, households headed by females in the district are 22.8%, those headed by children aged 10-17 are 0.4% while those headed by older persons (aged 60 and above) are 14.5%. The socioeconomic household survey findings 25.2% of the households are headed by females, 5.1% are headed by the elderly (over 65 years), 0.9% reported to have a chronic disease, 14.4% of the households reported to have an orphan in the household and 2% of the households reported to have a disabled person in the household -0.6% of the households’ heads reported to be disabled. Findings from the socioeconomic survey showed that majority of the households (70.7%) use firewood and (23.7%) use charcoal for cooking while 53.4% and 36% of the households use electricity and solar for lighting respectively. During the site inspection, the project affected persons mainly used eucalyptus trees as firewood. The eucalyptus trees are cut into pieces and piled along the road/path and in some trading centres and sold in bundles. On average, a bundle of firewood cost between 3,000 UGX and 5,000 UGX. 5.1.7 The disease burden 52 In general, the major disease burden the district includes: Malaria, upper respiratory tract infections (URTI), and diarrhea especially among children, TB, yellow fever, cholera, skin infections, eye infections, AIDS, asthma, dysentery, and worm infestations among children. The health programme related to the project needs to address and reduce these diseases. Malaria gives infection rate of 51%. This is a high infection rate for a random sample of the population. Experience in hydroelectric development projects elsewhere indicates that a 75% increase in the malaria arises as a result of the hydro project. If this happens in the Kabuyanda project, then there will be an 89% incidence rate. HIV/AIDS and STDs are prevalent. The highest prevalence rate in 2016/2017 was registered at 3.9%. All individuals who are found positive are supposed to be started on cotrimoxazole prophylaxis. This situation is created by the communities’ attitude to sex namely that sex is as “normal as breathing”. Girls 12 years of age have slept with someone older. Polygamy is common approximately 50 % of females are living in polygamous relations. Re-marrying is also common. These pre-disposes persons to HIV/AIDS. The people are promiscuous. In addition, there is excess consumption of alcohol. Cultural attitude tends to increase exposure. A specific programme from the project is required to address this situation. Error! Reference source not found. shows Kabuyanda HCIV as one of the health facilities for the project area. 5.1.8 Land use and Land Tenure During the field visit, it was observed that most of the communities are farmers and major crops grown in Isingiro District include, Matooke, Irish potatoes, maize, millet among others. Customary land ownership is the major land tenure in the district. Figure 5: Banana plantations as some of the typical crops grown in Isingiro District. 53 5.2 KANUNGU DISTRICT 5.2.1 Population Kanungu district has since had new sub-counties created giving it a total of 17 sub-counties. The total population is 257,300 with 132,000 (51.4%) female and 125,100 (48.6%) male. The population was slightly higher than the previous projection figures for mid-2012. The estimated population (population projection for mid-year 2012) of Kanungu district according to the 2014 Population and Housing Census is 252,300 persons. 5.2.2 Sex of household heads Like the rest of the country and the district, the findings from survey indicated that majority of the household heads are males. 5.2.3 Ethnic composition According to the DPP, the average household size was 4.7 in 2002 although Kanyantorogo Sub County had the least population size of 4.2 persons. The district has a diversity of ethnic groups. Kanungu has 48 out of 56 legally recognized ethnic groups in the whole country with the majority being the Bakiga who account for more than 88% 5.2.4 Age of household heads The baseline survey findings showed the average age of the household heads in the project area is 55 years with the youngest being 15 years and the oldest being 85 years. The results show that the majority of the household heads are still in their productive years and therefore commendable for employment opportunities on the project. 5.2.5 Water supply A reliable water source is one capable of supplying its beneficiaries, a minimum of 20 litres per capita per day. According to the 2014 population census, 72% of the people living in the district can access water within a reasonable walking distance of up to 5 kms. The major sources of water supply are boreholes, gravity flow schemes and use of both valley dams and tanks 5.2.6 Vulnerable groups Vulnerability is a state of being in which a person is likely to be in a risky situation, suffering significant physical, emotional, or mental harm that may result in his/her human rights not being fulfilled. Social and physical vulnerability reflect a decreased capacity for a person to cope, especially if the state is sustained or if any additional threats to social well-being and/or physical health are added in Kanungu District, cases of vulnerability include the child-headed homes, sick and infirm, widows among others. According to the social surveys of Kanungu District, households 54 headed by females represent 21.2%; those headed by children aged 10-17 0.2%, while those headed by the elderly (aged 60 and above) represent 14.5% and 0,6% are reported to be living with chronic diseases and 0.8 % disabled. 5.2.7 The disease burden In general, in the district, the major disease burden includes: Malaria, ARI, diarrhea, gastro diseases, intestinal worms among others. HIV/AIDS is also prevalent. According to the health sector strategic plan (HSSP III), HIV/AIDS is one of the communicable diseases that account for over half of the total burden of disease and leading cause of ill health and mortality in Uganda. The overall objective of the communicable diseases cluster is to reduce the prevalence and incidence of communicable diseases by at least 50 percent as per the MDGs and NDP target. Access to health, is very crucial to the well-being of the population. Household welfare is based the quality of life of the household members. The distance to a health facility has a strong impact on accessing health care. In many villages of the district, nearly 73% of the population was within a distance of 0-5kms to health centers. Matanda HCIII is the only health center in the project area. 5.2.1 Land use and Land Tenure Most of the communities are farmers and loss of farmland will result in many households losing their farming. Typical crops grown within the project area include, water melon, maize, millet, cassava and tomatoes. Most of the land within the project area is Government owned which is rented out to the communities for farming. 5.3 TORORO DISTRICT 5.3.1 Population According to the DPP, the District currently has an estimated total Population of 526,378 (2014 Population and Housing Census) with 103,585 households. The sex ratio is 93% implying that for every 100 females there are 93 males, and the population growth rate is at 2.8% per annum. The average Household size is 5 and the average dependency ratio is 113.7 implying that majority of the population are dependents. 5.3.2 Sex of household heads Like the rest of the country and the district, the findings from survey indicated that majority of the household heads are males and then females. 5.3.3 Ethnic composition Tororo District is one of those Districts with diverse culture. There are very many tribes in the District however there are two distinct ones, these include the Japadhola who form the largest 55 number, they are located mainly in West Budama County, then the Iteso found mainly in Tororo County, whereas in the Municipality various ethnic groups are found ranging from the Japadhola, Banyole, Iteso, Somali’s, and Kenyans. 5.3.4 Age of household heads According to the consultations with the District officials, the average age of the household heads in the project area is 40 years with the youngest being 18 years. The results show that the majority of the household heads are still in their productive years and therefore commendable for employment opportunities on the project. 5.3.5 Water supply A reliable water source is one capable of supplying its beneficiaries, a minimum of 20 litres per capita per day. According to the DDP, the main sources of water for Tororo district include, protected springs, Shallow wells, Deep boreholes, Rainwater harvest tanks, valley tanks among others. 5.3.6 Vulnerable groups Physical vulnerability reflects a decreased capacity for a person to cope, especially if the state is sustained or if any additional threats to social well-being and/or physical health are added. Vulnerable are people who risk of suffering physical, social, psychological/mental and emotional harm in comparison with other people in the same community in the same environment. Cases of vulnerable groups in Kanungu District include the women, youth, and orphans, sick and infirm. In Tororo District, households headed by females represented 19.2 %; those headed by children aged 10-17, 0.4% while those headed by the elderly (aged 60 and above) represented 14.5% and 1,9% are reported to be living with chronic diseases and 2 % disabled. 5.3.7 The disease burden The most common diseases in order are; Malaria, ARI, Intestinal Worms and STIs. The District has a total of Tororo district has a total of 65 health facilities that is 5 hospitals, 3 HCIV, 20 HCIII and 37 HCII. Commonly, the major challenges faced by the communities are lack of drugs at the facilities and limited medical personnel to handle them. 5.3.8 Land use and Land Tenure Most of the communities are farmers and loss of farmland will result in many households losing their farming. Typical crops grown within the project area include, cassava, maize, millet, beans, G. nuts and sorghum. Most of the land within the project by the communities. 5.4 LAMWO DISTRICT 56 5.4.1 Population Lamwo District is bordered by , Kitgum District to the east and southeast, Pader District to the south, Gulu District to the southwest, and Amuru District to the west. The town of Lamwo is approximately 66 kilometres (41 mi), by road, northwest of Kitgum, the nearest large town. According to the 2016 Population estimate (based on 2014 Census) Lamwo has a population of 134,371 of which 65,106 (48.5%) males and 69,265 (51.5%) females. The district has an area of 5,588.3 km2, of which 90% is arable. However, the district is sparsely populated with population density of 24.5 persons per sq. km and therefore uses limited land in agriculture. 5.4.2 Sex of household heads Like the all the other districts, findings in Lamwo indicate that majority of the household heads are males. 5.4.3 Ethnic composition According to the Uganda national household survey 2016, the average household size was 4.5 persons. The district is of predominantly of the Acholi ethnic group although there is diversity given in-migration and the influx of refugees from South Sudan and DRC. 5.4.4 Education Education is an important aspect of socio economic differentiation in both parts of the project area. Education is identified as one of the ways of improving the prospects for the people in the area. While access to education is constrained by distance, and difficult socio- economic conditions in the parishes of Palabek Ogili, in South Sudan, students often cross to Uganda to access better education services 5.4.5 Water supply A reliable water source is one capable of supplying its beneficiaries, a minimum of 20 litres per capita per day. According to the 2014 population census, 75% of the people living in the district can access water within a reasonable walking distance of up to 5 kms. Lamwo has abundant water resources which can be harnessed to support agricultural production and be used for domestic consumption. These sources include; boreholes, shallow wells, springs, wetlands and rainwater. These can provide a reliable source of water for farm irrigation. 5.4.6 Economic activity According to the UBOS 2014, Agriculture has remained a dominant sector in the local economy. Crop farming is the main source of livelihood of the population. Cotton is the main cash crop and other cash crops such as sunflower, simsim, rice, millet, sorghum, groundnuts and beans are growing in importance. Recently barley and wheat have also been introduced and are grown commercially. Livestock farming is also carried out which supplements crop farming. 57 5.4.7 Vulnerable groups Vulnerability can be assessed at personal and household level. At personal level, vulnerability is a state of being in which a person is likely to be in a risky situation, suffering significant physical, emotional, or mental harm that may result in his/her human rights not being fulfilled. Social and physical vulnerability reflect a decreased capacity for a person to cope, especially if the state is sustained or if any additional threats to social well-being and/or physical health are added. Vulnerable children are those children who bear a substantive risk of suffering physical, social, psychological/mental and emotional harm in comparison with other children in the same environment. Cases of vulnerable groups in Lamwo District include the women, youth, orphans, sick and infirm. Of all the Districts, Lamwo has the highest number of vulnerable persons and this attributable to past military insurgencies in the region, which left several families widowed or headed by orphans. Households headed by females represent 30 % and those headed by children aged 10-17, 10% while those headed by the elderly (aged 60 and above) represent 19.8% and 20% are reported to be living with chronic diseases and 5% to be disabled. 5.4.8 The disease burden In general, in the district the burdens of diseases are mainly communicable and therefore preventable through appropriate health intervention. The common diseases include no pneumonia- cough or cold, acute diarrhoea, malaria, eye conditions, skin diseases, intestinal worms, Pneumonia, ear, Norse and throats (ENT) and urinary tract infections. Table 2.9: Common. HIV/AIDS is also prevalent. According to the health sector strategic plan (HSSP III), HIV/AIDS is one of the communicable diseases that account for over half of the total burden of disease and leading cause of ill health and mortality in Uganda. The overall objective of the communicable diseases cluster is to reduce the prevalence and incidence of communicable diseases by at least 50 percent as per the MDGs and NDP target. Access to health, is very crucial to the well-being of the population. Household welfare is based the quality of life of the household members. According to previous project studies most households (27%) spend 1-2 hours to reach the health facilities, 25% take 15-30minutesand 13% spend less than 15 minutes. 13% spend over 2 hours to reach the nearest health facilities in the area. From field visits, the project affected sub-counties had about three HCIIs and two HCIIIs in Ogili HCIII, Apyetta HCII, Palabek Kal HCIII, Kapeta HCII and Pauma HCII. 5.4.9 Land use and Land Tenure Land tenure in Lamwo district is customary like in many parts of northern Uganda. Most of the communities are farmers and loss of farmland will result in many households losing their farming. Typical crops grown within the project area Cotton, sunflower, simsim, rice, millet, sorghum, groundnuts and beans. Most of the land within the project area is customarily owned and is used communally for farming. 58 6 POTENTIAL RESETTLEMENT IMPACTS AND MITIGATIONS 6.1 ANTICIPATED POSITIVE IMPACTS The project will have a number of positive such as: 1. From environmental sustainable perspective, the project is to be implemented within a sustainable catchment watershed management depending on their levels of deforestation, status of environmental degradation, or degraded lands, and degree of bank erosion. This will be a big positive impact in that, land and the environment will be restored including their productivity; 2. The plans to put in place irrigation infrastructures will go a long way to addressing challenges of water availability which is a growing limitation to agricultural production and productivity; 3. Proposals to include apiculture and aquaculture will all demonstrate the benefits of sustainable use of natural resources for livelihoods of the communities and supply of much needed foods for healthy living of the communities; 4. Investments in irrigation facilities will improve water use efficiency thereby guaranteeing agricultural production without necessarily waiting on rains as is traditionally practised; 5. The project will contribute to the development of national capacity towards early warning and predictions through planned establishment of 4No. of class B-climatic stations the irrigation schemes; 6. The project will also support formation of FBMOs/WUA which will help to manage water infrastructures at grassroots thereby guaranteeing their sustainability; 7. Creation of employment opportunities for the local workers to be recruited on the project especially amongst neighbouring communities; 8. The project areas especially in Isingiro will support local livestock farmers through provision of watering facilities for livestock and this will go a long way to addressing water scarcity which is chronic in those areas; 9. The planned installation of sedimentation and erosion control structures will address issues of land degradation in the project sites and heir environs thereby ensuring sustainability of the land for production; 10. The project initiatives to establish improved and adapted varieties of multi-purpose economic trees will achieve a double pronged benefit by addressing Greenhouse gas emissions as well as serve as food security in the communities; 11. Improved household acreages: One of the limitations in agricultural transformation in the proposed project areas is, continued reliance on subsistence and fairly rudimentary production methods in terms of use of hand tools. These production systems have typified agricultural production in the proposed project areas which in a way has kept it plunged in food insecurity, limited production and productivity, limited household acreages summing to poor household incomes. With the project, it is envisaged farmers will be assisted to clear their lands alongside a host of farming husbandry support services which will bring about improved production at household levels. 12. Food security at household levels; It is common in many parts of the country now to be food insecure. In view of these, the project envisages to bring productive use, some acreage of 59 land into crop production through irrigation thereby addressing limitations caused by climate change challenges. These will large positive impact guaranteeing amongst others, health at household levels. 13. There will be improved accessibility, trade and commercial opportunities after the planned rehabilitation of community access roads, which will enhance commercial opportunities in the beneficiary areas. In addition, there will be improved delivery of social services through improvement connectivity to the nearest road network thereby enhancing accessibility to markets and other public and social services such as health and education/schools. 14. Gender empowerment: in most rural areas including where the project is to be implemented have women taking a big burden in providing for the family needs. Female headed households have the full burden to provide for their families. However, a large proportion of the household labor is provided by the women yet they do not control resources. All these have kept women oppressed in terms of economic decisions regarding households’ income use. Aware of these disparities, the project has measures aimed at empowering the women who are participating in the project through training and skilling on income generation, record keeping and savings which will be some stride towards women empowerment; 15. Crop diversification: at the moment, the project areas mainly rely on a limited range of crops both food and cash crops as such, their income base is limited. The project plans to introduce irrigation technology which is adaptable to rural areas through which, other crops especially horticultural crops can be grown alongside traditional crops in the rural areas of the project. This diversification implies diverse sources of income at household and improved livelihoods as well. In all, farmers will be in position to grow horticultural crops which not only improve income earnings but also improve household food security and nutritional needs which will lead to increased and stabilized household incomes from agriculture for the households that will be participating in the project; 16. Fuel saving stoves technologies will address sustainable use of biomass energy thereby address rapid loss of vegetation augmented by unsustainable use of wood as source of energy at household levels; 17. Improvement of access in irrigation areas through rehabilitation and construction of farm access roads within the schemes which will help farmers transport their produce out of the fields; and 18. Development and transfer of technical skills to the beneficiary communities; the project will involve use, and operations of equipment especially earth moving, construction and general plant equipment which will be done by skilled personnel mostly from outside the communities. Once in the communities, local who are keen will equally benefit from a number of on-job trainings hence building their technical capacities in working on such equipment. Other positive impacts include improvement of rural livelihoods due to increased agricultural produce, food security and climate resilience, 60 6.2 PROJECT NEGATIVE IMPACTS The IDCRP subprojects may involve limited land acquisition and displacement of land-users and/or livelihoods; that is, it will try as much as possible to avoid resettling or displacing people. However, in the event that the proposed interventions such as multipurpose use of water by providing livestock watering troughs and fisheries development on a case by case basis; construction of access roads to link the schemes with the nearest road network; installation of sedimentation and erosion control structures; promotion of Climate SMART Conservation Farming and Agro-Forestry through demonstrations and basic input packages for farmers; are implemented, these may affect land holdings of individual farmers and other property owners as well as affect people’s livelihood. While these interventions are yet to be identified, as a precautionary measure, this Resettlement Policy Framework (RPF) will address any issues which might arise from economic displacement and/or restriction of access to communal natural resources such as construction of dams, primary and secondary canals This RPF will be consulted upon, finalized and disclosed prior to appraisal. Permanent effects will result into an infinite loss of use of property, vegetation, or, parcels of land by the affected person as a result of the project activities. Other likely negative resettlement and social issues include; The negative impact will be as follows: 6.2.1 Involuntary relocation PAPs; The different interventions and activities mentioned above may require land take which may result into relocation of people. 6.2.2 loss of existing sources of income and livelihood Acquired properties considered by an individual or community as a source of income and livelihood to them can result in serious problems, particularly if they have to be relocated to areas that are not appreciative either because of poor environmental conditions, limited resources and income generating opportunities or unfriendly neighborhood. In addition, to construction of access roads to link the schemes with the nearest road network roads, among the interventions to be implemented may also have an impact on livelihoods such as temporary or permanent loss of incomes when roadside businesses (markets, kiosks etc) are disrupted. This impact may occur during the construction phase and may be short-term and reversible. 6.2.3 Loss of land, crops and trees; 61 During resettlement and construction of some interventions for example construction of access roads to link the schemes with the nearest road network road; installation of sedimentation and erosion control structures; it may be necessary for certain activities to occupy assets of a person or persons (land, crops, trees etc) hence affecting their livelihood and in some cases levels of resistance can be expected from them. They may also experience difficulties in coping with such losses. 6.2.4 Reduced availability of water during construction Water is relatively a scarce commodity in the project areas of Kabuyanda, Enengo, Amagoro and Nyimur project areas. Many communities in the project area experience severe problems with finding sufficient water for household use, particularly in dry seasons. Water use for construction of the project infrastructure could exacerbate this shortage for some communities. 6.2.5 Increase in HIV/AIDS HIV/AIDS risk during construction of different project interventions is an impact likely to occur during project implementation. Construction workers looking for employment will migrate from other areas to project sites while others may stay in the project area or move to new places in the country and if exposed to HIV/AIDS risk, this impact is spread to various places. 6.2.6 Sexual abuse During construction of IDCRP infrastructure, there will be employment of workers by a contracted contractor within the counties and districts where interventions will be implemented. The influx of workers employed by the construction company, along with those looking for jobs with the construction company, is widely associated with an increase in sexual abuse and assault of girls in the area. If workers are not sensitized, this may lead increase in sexual violence against both girls who are attending school and those out of school. The sexual assaults could lead to girls having to leave school because of pregnancy. 6.2.7 Noise pollution Noise will be one of the most undesirable consequences during rehabilitation phase. considerable levels of noise and vibrations will mainly result from use of equipment during breakages for modification of spaces inside the laboratories facilities. This impact may occur during the construction phase and may be short-term and reversible. 6.2.8 Impact on cultural property Burial sites were found in Mudu North West village belonging to the Pavune Clan containing 14 graves and another grave whose owners could not be immediately established was also found in 62 the same village. More so there are caves and hill locally known as “Nyedodo” for carrying out ritual ceremonies could potentially be affected. 6.2.9 Child labor by contractors. This may be as a result of construction workers especially the foreign contractors brought in the communities to work. 6.2.10 New technology Difficulty in running and managing these new interventions, especially in relation to the choice of technology. For example, introduction of new technology if not properly trained to the farmers may affect their crop yields. 6.3 MITIGATIONS MEASURES a) In keeping with its commitments and international standards, IDCRP should compensate those impacted prior to their economic displacement. In addition, equitable and timely compensation should be provided to would-be affected land owners b) In order not to unnecessarily disrupt the community’s food security, farmers of food crops should be allowed to continue farming on the land until compensation has been paid, and the livelihood programs are initiated to enable a smooth transition for farmers out of the Project Area. Farmers will also be given the opportunity to harvest crops before the land is occupied for construction work. c) Before implementation of any project infrastructure, MWE should ensure that they plan to prepare a RAP as per this RPF and compensate accordingly to the entitlement matrix prior to land acquisition. d) In cases of affecting structures, ensure replacement compensation is provided to property (building, public utilities) owners/ operators. e) For projects that will likely to have a major impact on communities, IDCRP should ensure that they prepare a Livelihood Resettlement Plan for affected communities. This should be prepared as per the RPF. f) Community members should be engaged in a participatory and transparent manner to ensure that they are knowledgeable about the project activities and proposed interventions are acceptable to the communities. g) Women should be actively involved in the various stages of the project, especially through several stakeholder workshops, community surveys, and local supervision committees 63 including farmer cooperative groups. Views expressed by women representatives on issues like choice of technology, and selection of project facilities have to be considered in project design. h) Skills development and trainings should also be provided to women and youth especially in business management skills, post-harvest handling, import utilization, leadership and management thereby promoting economic livelihoods and empowerment. i) Furthermore, community sensitization should also be conducted on regular basis to ensure both women and men actively participate in the planning and managing agricultural resources. j) Special consideration should be given to local workforce as much as possible provided that skillset and technical requirements meet the requirements for the works involved. k) Before commencement of civil and mechanical works, active engagement with the communities, particularly targeting the vulnerable groups including women and girls, on raising the awareness of the potential arrival of external workers, expected social conducts and behaviors, and grievance redress mechanisms should be done. l) The contactors should have a Labor Influx Management Plan and Worker’s Camp Management Plan; and also conduct mandatory training for all employees on the legal conducts in local communities and legal consequences for non-compliance. m) The project should ensure that the contractors team is sensitized not to engage in relationships with underage girls and married women, and on issues relating to exploitation, HIV/AIDs and STDs. n) Maximize the distance of the camp sites from the communities and provide provision of services and entertainments within the camps to reduce the need to use community facilities and interacting with the local community. o) Sensitization to communities prior to construction of should be carried out. p) Workers to be employed should be sensitized regularly on issues of sexual harassment and assault. q) The contractor should have a labor management plan that he has to abide by during the recruitment of workers. 64 6.3.1 PERMANENT EFFECTS The proposed project will not undertake any activities that will displace people. However, it will support some infrastructure that might affect land holdings of individual farmers. While these interventions are yet to be identified, as a precautionary measure, this RPF addresses any such likely issues which might inevitably arise. Permanent effects will result in loss of use of property, vegetation, or land by the affected person because of the project activities. This is likely to occur where installations such as dam sites, canals and access routes are to be established. Such effects are anticipated to affect: a. Farmers on whose land such installations will be located who stand to lose land and crops; b. Aspects such as loss of access to communal resources such as grazing lands amongst others; 6.3.2 Temporal Effects Temporal effects will result into an interruption in the current use of property or land by the affected person because of the project activities. This is likely to occur during rehabilitation of then project infrastructure especially cattle watering troughs and water points. This is likely to affect for instance, pastoralists that currently use water points and pasturelands possibly marked for project works. The mitigation measures to this could be in terms of putting in place alternate watering sources as the planned ones are to be built. 6.4 OTHER RISKS Key social challenges that the participating communities might face include: (i) gender disparities in access to livelihood opportunities, recurring conflicts over natural resources, particularly related to water management and land tenure arrangements. The “service delivery” model of the project is CDD approach, which will focus on local development to be promoted through empowering communities to solve their problems by facilitating the process of identifying, prioritizing, implementing and monitoring subproject investments by the communities to ensure inclusiveness. Social due diligence lessons aimed at building sustainable community assets, citizen participation/engagement and gender mainstreaming are part of the livelihoods component. 6.5 MINIMIZATION OF PHYSICAL DISPLACEMENT Major challenges associated with rural resettlement include: requirements for restoring income based on land or resources; and the need to avoid compromising the social and cultural continuity of affected communities, including those host communities to which displaced populations may be resettled. Provisions are made under this RFP to minimize all such impacts including those of socio- economic significance and on environmentally sensitive sites. Provisions are also made to accommodate potential situations, including cases that entail actual displacement and livelihood restoration assistance in accordance with the World Bank Policy on Involuntary Resettlement, OP 4.12. This Resettlement Policy Framework, for the Irrigation Development and Climate Resilience Project activities advocates all measures to eliminate or minimize the impacts of physical and economic displacement of people. Therefore, when the acquisition of land is required, the program will: 65 a. Initially endeavor to utilize available freehold or public land especially that under local governments establishments; b. Seek voluntarily donated land, sufficient for the purposes of the project where this is feasible and after sensitization of the communities; c. Negotiate acquisition of land suitable for the project activities taking into account, willing buyer, willing seller; and d. Acquire land through involuntary means following the provisions outlined in this RPF. In line with the World Bank safeguard policy OP 4.12, the Irrigation Development and Climate Resilience Project will minimize displacement through the following design procedures: a. Wherever inhabited dwellings may potentially be affected by a component of a project, it will be redesigned (facility relocation or rerouting) to avoid any impact on such dwellings and to avoid displacement/relocation accordingly; b. Wherever the impact on the land holding of one particular household is such that this household may not be sustainable in the long term, even if there is no need to physically displace this household, the subproject be redesigned to avoid/minimize any such impacts; c. Minimization of land impact will be factored into site and technology selection and design criteria; d. Costs associated with displacement and resettlement will be internalized into activity costs to allow for fair comparison of processes and sites; e. To the extent possible, project facilities will be located on community lands; a participatory approach will be put in place for the communities to confirm where to site these facilities. f. This participatory approach process will pay particular attention to representation and participation of women community members; and g. Infrastructures required by the project will be routed inside existing right-of-ways, easements or reservations wherever possible. 66 7 ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES 7.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, are based on the following: a Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Uganda. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations. b Persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim of use to such land or ownership of assets through the national and traditional laws of Uganda. This class of people includes those that come from outside the country and have been given land by the local dignitaries to settle, and/or to occupy. c. Persons who have no recognizable legal right or claim to the land they are occupying, using or deriving their livelihood on such land. This class of people includes encroachers/squatters. Persons covered under (a) and (b) above are provided compensation for loss of land and assets and other assistance as needed. Persons covered under (c) above are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to the cut-off date. In practice, this means that, people usually considered in Uganda as “squatters” will be entitled to Project assistance as long as they are present on such sites at the time of cut-off date. In other words, the absence of a legal title to land or other assets is not, in itself a bar to compensation for lost assets or to other resettlement assistance. Under the OP 4.12, squatters are also entitled to resettlement assistance provided they occupied the land before the established cut-off date. These PAPs under the third category, to be able to qualify for resettlement assistance, however must comply with the cut-off date as established by the borrower and acceptable to the Bank. None who has occupied the project area after the cut-off date will qualify for resettlement assistance under this RPF. 7.1.1 Entitlement Matrix Entitlement matrix outlined in 67 Table 2: Entitlement matrix Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Loss of Land Land used for agriculture partially Farmer/title holder Cash compensation for affected land based on full replacement cost + affected. disturbance allowance. Tenant/lease holder Cash compensation for crops, trees or any improvements made to the land, including structures + disturbance allowance Crops will be compensated at market value for the remaining period of tenancy/ lease agreement, whichever is greater and improvements at full replacement value. Squatters No compensation for land Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Land used for agriculture severely Farmer/title holder Land for land replacement or compensation in cash equivalent to market affected and the remaining assets value + disturbance fee. Land for land replacement will be provided in become unusable terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Tenant/lease holder Cash compensation for crops, trees or any improvements made to the land, including structures. Crops will be compensated at market value for the remaining period of tenancy/ lease agreement, whichever is greater and improvements at full replacement value. Right to salvage materials without deduction from compensation 68 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Squatters No compensation for land Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Commercial Land Land used for business partially Title holder/ business Cash compensation for affected land equivalent to market value and full affected owner/ Lease Land owners replacement value for any improvements + disturbance allowance. Assets used for business severely Title holder/business owner Land for land replacement or compensation in cash equivalent to market affected value + disturbance fee. Land for land replacement will be provided in If partially affected, the remaining terms of a new parcel of land of equivalent size and market potential with assets become insufficient for a secured tenure status at an available location which is acceptable to the business purposes PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) No Compensation for land Squatters Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance 69 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits if required assistance with job placement, skills training). Residential Land Land used for residence partially Title holder a. Cash compensation equivalent to market value for affected land + affected, limited loss disturbance allowance b. Cash compensation equivalent to 10% of lease/ rental fee for the Rental/lease holder remaining period of rental/ lease agreement (written or verbal) Title holder c. Land for land replacement or compensation in cash equivalent to market value according to PAP’s choice. d. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. e. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. f. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. g. Relocation assistance (costs of shifting + allowance) Land and assets used for residence a. Refund of any lease/ rental fees paid for time/ use after date of severely affected Rental/lease holder removal Remaining area insufficient for b. Cash compensation equivalent to 3 months of lease/ rental fee continued use or becomes smaller c. Assistance in rental/ lease of alternative land/ property than minimally accepted under d. Relocation assistance (costs of shifting + allowance) zoning laws Buildings and Structures are partially affected Owner a. Cash compensation equivalent to market value for affected building structures Remaining structures viable for and other fixed assets continued use b. Cash assistance to cover costs of restoration of the remaining structure Rental/lease holder a. Cash compensation for affected assets (verifiable improvements to the property by the tenant). b. Disturbance compensation equivalent to two months rental costs 70 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Entire structures are affected or Owner c. Cash compensation for entire structure and other fixed assets partially affected without depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Remaining structures not suitable Cash compensation should take into account the market values and for continued use importance of a replace value of all property. d. Right to salvage materials without deduction from compensation e. Relocation assistance (costs of shifting + allowance) f. Rehabilitation assistance if required (assistance with job placement, skills training) a. Cash compensation equivalent to market value for affected structure Squatter/informal dweller without depreciation + disturbance allowance b. Right to salvage materials without deduction from compensation c. Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. d. Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available). e. Rehabilitation assistance if required assistance with job placement, skills training). Standing crops Crops affected by land acquisition PAP (whether owner, a. Cash compensation equivalent to average of last 3 years market value or temporary acquisition or tenant, or squatter)/ lease for the mature and harvested crop + disturbance allowance. easement holder Trees Trees lost Title holder, tenant, or a. Cash compensation based on type, age and productive value of squatter affected trees plus 10% premium. This should be equivalent to the market value + disturbance allowance Land Acquisition Temporary acquisition PAP (whether owner, a. Cash compensation equivalent to market value for any assets tenant, or squatter)/ Lease affected (e.g. boundary wall demolished, trees removed) + holder disturbance allowance. Road side businesses Temporary displacement Business owners b. Need to aid with movement and compensate for loss of income during the relocation period. Utility companies Damage to underground facilities Utility companies a. Compensation for repair of damaged infrastructure and restoration of and interruption of service service. - All Impacts Vulnerable groups b. Provision of transition allowance, c. allowance to open up Bank account. d. Provision with transport to relocate. 71 below defines the type of compensation and assistance that is to be provided to the different categories of project-affected households. The following principles will guide payment of compensation for lost assets: a. Compensation shall be paid prior to acquisition or displacement; b. Compensation shall be extended to all PAPs irrespective of tenure status; c. Compensation will be at full replacement cost meaning that replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs; d. Replacement cost for agricultural land implies the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of preparing the land to levels similar to those of the affected land; and any registration and transfer taxes; e. Compensation for structures shall include the full market cost of materials and labor required for re-constructing a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building. Depreciation will not be considered while calculating the cost of affected structures. The Compensation package will also include cost of moving, such as transport costs as well as any associated land titling or transfer fees. f. In case of physical displacement and depending on tenure category, PAPs will be provided transition assistance such as moving allowances, subsistence allowances and alternative plot or house where possible. PAPs will also be offered support after displacement during transition period and based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. All efforts will be made to resettle the physically displaced families within the same settlement to enable them to retain their identity and continue their inter-personal and inter dependency relations. g. PAPs will be provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities; h. In cases where in-kind replacement is not the preferred option of the PAPs, then the cash compensation will be based on the replacement cost. For the purposes of this RPF, the use of replacement value, or market value, will mean the higher value of two options. 72 Table 2: Entitlement matrix Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Loss of Land Land used for agriculture partially Farmer/title holder Cash compensation for affected land based on full replacement cost + affected. disturbance allowance. Tenant/lease holder Cash compensation for crops, trees or any improvements made to the land, including structures + disturbance allowance Crops will be compensated at market value for the remaining period of tenancy/ lease agreement, whichever is greater and improvements at full replacement value. Squatters No compensation for land Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Land used for agriculture severely Farmer/title holder Land for land replacement or compensation in cash equivalent to market affected and the remaining assets value + disturbance fee. Land for land replacement will be provided in become unusable terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Tenant/lease holder Cash compensation for crops, trees or any improvements made to the land, including structures. Crops will be compensated at market value for the remaining period of tenancy/ lease agreement, whichever is greater and improvements at full replacement value. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find 73 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Squatters No compensation for land Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). Commercial Land Land used for business partially Title holder/ business Cash compensation for affected land equivalent to market value and full affected owner/ Lease Land owners replacement value for any improvements + disturbance allowance. Assets used for business severely Title holder/business owner Land for land replacement or compensation in cash equivalent to market affected value + disturbance fee. Land for land replacement will be provided in If partially affected, the remaining terms of a new parcel of land of equivalent size and market potential with assets become insufficient for a secured tenure status at an available location which is acceptable to the business purposes PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) No Compensation for land Squatters Cash compensation equivalent to market value for land improvements without depreciation + disturbance allowance. Right to salvage materials without deduction from compensation Relocation assistance if required (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. Rehabilitation assistance if required assistance with job placement, skills training). 74 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Residential Land Land used for residence partially Title holder h. Cash compensation equivalent to market value for affected land + affected, limited loss disturbance allowance i. Cash compensation equivalent to 10% of lease/ rental fee for the Rental/lease holder remaining period of rental/ lease agreement (written or verbal) Title holder j. Land for land replacement or compensation in cash equivalent to market value according to PAP’s choice. k. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. l. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. m. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. n. Relocation assistance (costs of shifting + allowance) Land and assets used for residence e. Refund of any lease/ rental fees paid for time/ use after date of severely affected Rental/lease holder removal Remaining area insufficient for f. Cash compensation equivalent to 3 months of lease/ rental fee continued use or becomes smaller g. Assistance in rental/ lease of alternative land/ property than minimally accepted under h. Relocation assistance (costs of shifting + allowance) zoning laws Buildings and Structures are partially affected Owner c. Cash compensation equivalent to market value for affected building structures Remaining structures viable for and other fixed assets continued use d. Cash assistance to cover costs of restoration of the remaining structure Rental/lease holder g. Cash compensation for affected assets (verifiable improvements to the property by the tenant). h. Disturbance compensation equivalent to two months rental costs Entire structures are affected or Owner i. Cash compensation for entire structure and other fixed assets partially affected without depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Remaining structures not suitable Cash compensation should take into account the market values and for continued use importance of a replace value of all property. 75 Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits j. Right to salvage materials without deduction from compensation k. Relocation assistance (costs of shifting + allowance) l. Rehabilitation assistance if required (assistance with job placement, skills training) f. Cash compensation equivalent to market value for affected structure Squatter/informal dweller without depreciation + disturbance allowance g. Right to salvage materials without deduction from compensation h. Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project. i. Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available). j. Rehabilitation assistance if required assistance with job placement, skills training). Standing crops Crops affected by land acquisition PAP (whether owner, b. Cash compensation equivalent to average of last 3 years market value or temporary acquisition or tenant, or squatter)/ lease for the mature and harvested crop + disturbance allowance. easement holder Trees Trees lost Title holder, tenant, or b. Cash compensation based on type, age and productive value of squatter affected trees plus 10% premium. This should be equivalent to the market value + disturbance allowance Land Acquisition Temporary acquisition PAP (whether owner, c. Cash compensation equivalent to market value for any assets tenant, or squatter)/ Lease affected (e.g. boundary wall demolished, trees removed) + holder disturbance allowance. Road side businesses Temporary displacement Business owners d. Need to aid with movement and compensate for loss of income during the relocation period. Utility companies Damage to underground facilities Utility companies e. Compensation for repair of damaged infrastructure and restoration of and interruption of service service. - All Impacts Vulnerable groups f. Provision of transition allowance, g. allowance to open up Bank account. h. Provision with transport to relocate. 76 7.2 Vulnerable Groups According to World Bank, vulnerable people are considered to be ones who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Vulnerable groups will be a possible risk of becoming more vulnerable due to displacement, compensation, and resettlement process. Vulnerable groups include households headed by women and also those by the children, households victimized by HIV/AIDS, households made up of the aged or handicapped, households whose members are impoverished, households whose members are involved in conflict crimes, households whose members are abducted, and women defiled by rebels etc. Assistance shall take the following form depending upon the vulnerable people’s requests and needs:  Assistance in financial literacy training especially for women and assistance in compensation payment procedures (e.g., going to the bank with then person to cash the compensation cheque);  Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery;  Assistance in the locating and growing of fodder banks for the Pastoralists for cattle grazing;  Ensuring migrant and settler farmers are included in the consultations regarding the RPF/RAP and compensation and have their share of the compensation and assist in finding alternative sites for farming and also be incorporated into the out-grower and small holder schemes of the project;  Assistance in building i.e. providing materials, workforce, or building houses; Health care if required at critical periods i.e. moving and transition period. 77 8 METHODS OF VALUING AFFECTED ASSETS The RAP study should be carried out by the team of valuers who should be registered to undertake the valuation exercise for the subprojects. The process of valuation inspection and referencing depends on the key points, which the valuation will take care of as follows: a. Collection of all relevant primary and secondary data on the affected property during final detailed valuation inspection and referencing to serve as basis for assessment of loss; b. A comprehensive primary database for monitoring, evaluation and audit. c. During the valuation exercise, the relevant data should be captured by the valuation team: Table 3 captures information to be carried out by the valuation team. Table 3: Valuation information Category Details Land a. Capture location details of the land. b. Identify the boundaries of the area/section of the land to be affected. c. Take detailed measurement of the land area to be affected along the affected boundaries. Buildings (immovable a. Photograph all affected immovable properties – detailed internal structures) measurement of buildings should be done. b. Collate property details, which will include noting affected accommodation details, constructional details of affected parts and external works (fence walls, gates, pavements) affected owner’s details etc. Crops a. During the inspection and enumeration exercise details such as type, age, stage of growth, size of farm (or number of crops for isolated economic/perennial trees) nature of farm etc. are captured. Temporary a. Collate data on temporary structures by categorizing temporary structures (movable structures based on constructional details (wall materials, affixed to properties) concrete slabs or not), size of structure and use of structure business/residential) and type. Intangible assets a. Obtain relevant data on households affected (tenants, owners, (loss/impact arising relatives), apprentices/trainees and determine intangible loss on from disturbance) households, business and livelihoods. 8.1.1 Valuation and Compensation of Assets In this step every owner of an asset to be affected by the project is enumerated and their socio- economic condition documented. A census of PAPs and their households and the inventory of assets to be acquired serve two vital functions. The primary function is to identify PAPs eligible for resettlement entitlements, which are especially important if disclosure of subproject is likely to encourage land invasion and fraudulent claims for compensation. The census and inventory also supply an important part of the resettlement database used for subproject monitoring and supervision. Where establishing ownership or length of residency is difficult, the census should be conducted as soon as possible, to determine a cut-off date for eligibility for entitlements. In such situations an immediate partial inventory, sufficient to establish the number and general size of structures and other assets to be taken, may be advisable to supplement the census. 78 8.1.2 Replacement Cost During preparation of a RAP or an ARAP, the replacement cost study will be carried out by the certified valuer and must be verified by the Chief Government Valuer. The same should apply during RAP updates (that is for RAP studies that may have taken 2 years or more without implementation). Compensation is based on the principle of replacement cost. Replacement cost is the amount calculated before displacement, which is needed to replace an affected asset without deduction for taxes and/or costs of transaction as follows: a. Productive land (agricultural, aquaculture, garden) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value; b. Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes; c. Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; d. Annual crops equivalent to current market value of crops at the time of compensation; e. For perennial crops and trees, cash compensation at replacement cost is equivalent to current market value given the type, age and productive value (future production) at the time of compensation. Timber trees based on diameter at breast height at current market value. The objective of evaluation for land is to determine the prices or rates that will enable PAPs to purchase the same type and quantity of land. The valuation of compensation for the loss of land is based on its market value. Direct interviews with landowners in the subproject area, including those whose land is affected and those whose land is not; and consultation with the land and real-estate agency service staff, the valuer, etc. are required. The information to collect and include the recent land transfers (buying/selling transactions) in the area; the price, at which owners are willing to sell their land; or/and price of the recent transaction; type of land; In the case for annual crops, the survey team needs to calculate the value of crops that are lost, the market price of the crops during last 3 years. Whereas for perennial trees, the information about production and benefit of their fruit tree during last 3 years and the market price of the trees are needed. As for structures, the survey is to determine whether the prices can enable PAPs to rebuild their affected structures. The valuation of compensation for affected structures is based on the principle of replacement cost. 8.1.3 Valuation for Customary Land Implementation of the project may require the use of land under customary land ownership for the proposed sub-project. In this case, valuation methods for affected land and assets should confirm to customary laws and land assets would be valued and compensated for according to the following guidelines: a. The PAPs would be compensated for assets and investments; b. Compensation rates would be at replacement costs as of the date that the replacement is to be provided. c. The market value for cash crops would have to be determined and used. d. Calculation of compensation would not be made after the cut-off date. 79 8.1.4 Valuation for Government Owned Land Once it becomes necessary to acquire a site for a public purpose, the relevant authorized officer is mandated to prepare the relevant instruments and guidance necessary for the state to acquire the specified property. For cases where the government land is being used by the public for example settlements, for grazing or any other productive activity, the individual or the community is only compensated for properties on the surface and not land. For example, he/she is compensated for crops, any improvements and structures because these have been a source of their livelihood. The same procedure obtains for the private owners except that the owner is compensated for both the land and loss of income. 8.2 DETERMINATION OF COMPENSATION PAYMENT 8.2.1 Compensation Packages Two main resettlement packages will be designed/used to ensure satisfactory compensation for PAPs who lose assets or livelihoods when the Irrigation Development and Climate Change Resilience project is implemented. These packages will be developed in consultation with PAPs. Each PAP will have the opportunity to choose the option that best suits their circumstance. In- kind and/or in cash resettlement packages will be used as means of compensation (Table 4). The type of compensation will be an individual choice although every effort will be made to instill the importance and preference of accepting in kind compensation if the loss amounts to more than 20% of the total loss of subsistence assets. PAPs will be advised about benefits of replacement of physical assets and risk inherent in cash payments. For example, unless the affected person chooses cash compensation land-for-land compensation will be encouraged as it ensures PAPs immediately have land for settlement or farming and avoids risk of squandering compensation payments. Table 4: Forms of compensation Cash Payments Compensation will be calculated and paid in local currency. Rates will be adjusted for inflation In-Kind Compensation Compensation may include items such as land, houses other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment. Assistance Assistance may include moving allowance, transportation and labor, title fees, or other related costs. Making compensation payments raises some issues regarding inflation, security, and timing. One purpose of providing in-kind compensation is to reduce inflationary pressures on the costs of goods and services. Local inflation may still occur; thus, market prices shall be monitored within the time period that compensation is being made to allow for adjustments in compensation values. The question of security, especially for people who will be receiving cash compensation payment, needs to be addressed by the MWE. Each recipient in consultation with the district and Municipal officials shall decide upon the time and place for in-kind compensation payments. 80 8.2.2 Compensation Payments All compensation payments will be made to the affected party in the presence of the following: a. Accountant b. Valuer c. Surveyor d. LC1 Chairperson e. Land officer f. Representative from the sub-county g. Representative from the office of the CAO. 8.3 COMPENSATION FOR LAND All types of compensation should be clearly explained to the individual or household. A land acquisition team comprising the Land Owner(s), the Local Community, local leader chairperson, District officials and Land Valuation Officers should draw up a contract listing all property and land to be acquired, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract should be read aloud in the presence of the affected party and other stakeholders prior to signing. 8.3.1 Basis for Valuation Project Affected Persons (PAPs) when displaced by the project will be provided full replacement cost of lost structures and will be able to rebuild or replace their structures without difficulties. The valuation will estimate building/structure compensation rates based on full replacement cost without depreciation. Buildings and structures will be valued on the basis of Replacement Cost Method to arrive at the market value. World Bank’s OP 4.12 stipulates that depreciation of an asset and value derived from salvaging materials from razed structures should not be discounted when deriving replacement cost. Additionally, the policy (OP 4.12) requires replacement value to include cost of materials transport to site, labor costs and any transfer fees or taxes involved in replacing an asset. In addition, persons who will lose their crops and trees due to sub-project activities will be compensated based on the District rates provided by the District Land Board of the respective districts, which should consider the replacement cost. In this respect it is the duty and responsibility of DLB to compile or review District Compensation rates for their respective Districts. Relevant data to be captured during valuation will include: 8.4 DETERMINATION OF CROP COMPENSATION RATES 8.4.1 Compensation For Loss Of Crops Compensation of crops will be determined by the following criteria below 8.4.2 Perennial Crops Cash compensation will be provided for the loss of perennial crops, calculated using the approved district rates (considered adequate for replacement value). In addition, a transitional allowance will be provided to cover any loss of livelihood during the period between the loss of crops and the availability of income from new crops. 81 8.4.3 Annual (Seasonal) Crops The project will provide all compensation under the entitlement matrix six months prior to the commencement of construction. At the time of payment, the timing of the project will be made clear and instruction provided as to how crops will be managed during this time. This timeframe provides adequate opportunity for all seasonal (or “annual”) crops to be harvested, and thus there is no impact to annual crops. As such, no direct compensation will be paid for annual crops. A transitional allowance will be provided to ensure that any changes in livelihood derived from such crops is adequately compensated. In the absence of adequate notice to harvest the crop resulting in loss, the crop will be compensated. 8.4.4 Unintentional Damage to Crops If there is unintentional damage to crops during construction of proposed project activities whether owned by PAPs or not, compensation will be paid for both annual and perennial crops, based on approved government rates. 8.5 COMPENSATION FOR BUILDINGS AND STRUCTURES Compensation for buildings and other structures will be paid by replacement costs for labor and construction materials of these structures including fences, water and sanitation facilities, etc., will be used to calculate the values. Where part of the compensation is to be paid in cash the applicable replacement costs for construction materials will be used to calculate the values. Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of the structure. 8.6 COMPENSATION FOR SACRED SITES The use of sacred sites, ritual sites, tombs and cemeteries shall not be allowed at any time unless it is absolutely necessary. 82 9 STAKEHOLDER AND COMMUNITY CONSULTATIONS AND PARTICIPATION 9.1 INTRODUCTION Stakeholder and community consultation and participation provide opportunities for informing the PAPs and other stakeholders about the proposed project and eliciting PAP and stakeholder feedback. They also provide opportunities for people to present their views and values and for allowing consideration and discussion of sensitive social mitigation measures and trade-offs, as well as affording PAPs with opportunities to contribute to both the design and implementation of the program activities, while at the same time creating a sense of ownership for the project. In so doing, the likelihood of conflicts between and among the affected persons and with the management committees will be reduced. Public consultations in relation to the RAP occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach is adopted as an on-going strategy throughout the entire project cycle starting with the RAP preparation. Public participation and consultations take place through individual, group, or community meetings. Additionally, radio programs and other media forms may be used to further disseminate information. PAPs are consulted in the survey process; public notices where explanations of the sub-project are made; RAP implementation of activities; and during the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders, should take into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance). The role of community elders, technical, political and cultural leaders in the participation strategy is important and should be one of the tools used during consultations. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. Particular attention shall therefore be paid to public consultation with PAPs, households and homesteads (including host communities) when resettlement and compensation concerns are involved. As a matter of strategy, public consultation shall be an on-going activity taking place during the:  project inception and planning  screening process  feasibility study,  preparation of project designs  resettlement and compensation planning  drafting and reading/signing of the compensation contracts.  payment of compensations  resettlement activities and  implementation of post-project community support activities 83 9.2 OBJECTIVES OF THE STAKEHOLDER CONSULTATIONS Consultations were carried out with the 3 Districts that is Kanungu, Isingiro and Tororo Districts under the proposed project to have an insight on how resettlement and land acquisition issues have been handled in the previous projects. And understand the social economic baseline of the project areas. Establish how grievances have been handled in the past project implementation and ascertain if there is sufficient capacity to handle both Environmental and Social safeguards at the District level. Table 5 shows the list of stakeholders that were consulted. Table 5: Key stakeholders # Stakeholder Interest during project implementation Status of Engagement 1 Administrative districts These are the project recipients/ beneficiaries. Meetings held on of Kanungu Isingiro, and 6th -10th August, Tororo Districts 2018 2 Communities near the Impact on land, crops, property, businesses Meetings held on project site and trade during construction works. from 6th -10th August, 2018 9.3 PERTINENT ISSUES THAT CAME OUT OF THE STAKEHOLDER CONSULTATIONS a. Farmers should not be discriminated against once the irrigation project, some of the community members under Kayembe Agricultural Womens’ Group in Kanungu District ( Matanda Irrigation scheme) cited that there is a possibility of leaving out the poor farmers and only the rich are considered the only beneficiaries to the project. b. There will be need for the project developer to improve the nutrients of the soil through use of fertilizers and also sensitizing the masses on good management soil practices. c. Kanungu as one of the project beneficiary districts mentioned that they lack a grievance management system to ably handle grievances that could arise during civil works. Therefore, there will be need to come up with training and capacity building to handle both environmental and Social safeguard issues during project implementation. d. Compensation of PAPs should be done before commencement of civil works. e. The locals in the respective project beneficiary districts should be considered during implementation of the project. f. All the district officials warmly welcomed the project and they are confident that there will be increase in the crop yields and hence improvement in communities’ livelihood. 9.4 RECOMMENDATIONS FROM THE RELEVANT STAKEHOLDERS During preparation of this RPF, consultations were carried out with a range of stakeholders including the Project affected Communities, Local Government Officials and the Local NGOs. It was also indicated to the stakeholders that a list of properties (buildings, crops and land) to be affected would be disclosed at sub-county and village LC offices with areas, locations and landowners’ names. In all meetings, stakeholder questions and concerns were discussed, dispute settlement procedures presented, and the importance of amicable transactions was emphasized. 84 Recommendations to undertake proper resettlement process for Irrigation Development and Climate Resilience Project; a. There should be a proper budget allocated to handle both environmental and social safeguards. b. The District should have interventions to reduce on Gender Based Violence. c. Affected communities should be aware of the cut-off date, which should be widely published to avoid grievances and speculative developments on project sites. d. Property valuation should be transparent, basis of valuation communicated to affected persons, verifiable and ensure replacement value of assets. e. The client should establish very early the implementation process, a grievance management system that is accessible to affected persons and easy follow and quick to provide remedies to complaints. GRM responsibilities should be assigned to a delegated staff and be equipped with appropriate skills to manage the process. f. The project should maintain accurate records of the resettlement process to provide future reference for auditing and monitoring. g. The client will develop a stakeholder engagement plan to be implemented in a structured to inform, receive information/concerns and feedback from the affected communities and any other interested persons. h. It should also clearly indicate the mitigation measures and the entitlement matrix. 9.5 STAKEHOLDER AND DISCLOSURE PLAN 9.5.1 Key Issues The objective of consultations will be to secure the participation of all people affected by the project in their own resettlement planning and implementation, particularly in the following areas: a. alternative project design; b. assessment of project impacts; c. resettlement strategy; d. compensation rates and eligibility for entitlements; e. choice of resettlement site and timing of relocation; f. Community development opportunities and initiatives; g. development of procedures for redressing grievances and resolving disputes; and h. mechanisms for monitoring and evaluation; and for implementing corrective actions 9.6 CONSULTATION PHASES 9.6.1 Data Collecting Phase Consultations during preparation, in particular, the collection of background information, and the social survey or social assessment, are critical for successful data collection. The levels of consultation will vary from households to community groups, based on the particular context of the sub-project(s). The RAP team will design the questionnaires but it will be the households, organizations, and institutions that will validate their effectiveness through feedback. Focus group discussions with women, farmers’ associations, communities as well as primary and/or secondary schools and health centers are usually good sources for establishing the community baseline situation. 85 9.6.2 Implementation Phase During implementation, PAPs will be informed about their rights and options. The grievance mechanism will continue to operate and all grievances will be recorded. The participation of local leaders and PAPs in disseminating information and resolving disputes will be important once RAP implementation starts. A dynamic participatory approach involves PAPs in decision making about livelihood and community development programs. 9.6.3 Community Involvement and Sensitization The affected persons shall be engaged in active consultations at the beginning of the project and they shall have access to the Resettlement Action Plan and be encouraged to provide input. Consultations shall happen in local language where possible; women shall be consulted separately if that is more appropriate. The consultation process shall ensure sizeable participation of women, youth, migrants, and groups at risk of exclusion, and also ensure prior distribution of project information in a form that is accessible to community members, etc. Communities within the project areas will be sensitized on the project and likely project impacts and the extent of their involvement to ensure project success. Measures instituted to address negative project impacts will be well communicated to the community. The Ugandan law requirements on consultation and information, as well as those related with grievance management fall short of meeting WB requirements. The application of these will require: a. Meaningful information and consultation to take place before the process leading to displacement is launched in each particular location concerned by a subproject, b. A specific grievance registration and processing mechanism to be put in place 9.6.4 Monitoring and Evaluation Phase PAPs representatives will participate in the sub-project workshops at mid-term and at the end of RAP implementation. To the extent possible, the RAP should include social accountability tools like citizen report cards to assess the quality of RAP implementation, and in some cases, assist the RAP team in tracking expenditures. The latter would be significant in helping PAPs with money management and restoring their livelihoods. PAPs will be able to suggest corrective measures, as needed, to improve RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will participate in a feedback survey as part of the RAP’s independent impact evaluation exercise. 9.6.5 Notification Procedure Affected persons will be notified through both formal (in writing) and informal (verbal) manner, for example at community meetings called by District Steering Committee. Public notices in the daily newspapers, radio or Television services will be conducted to notify the public of the intention to acquire land earmarked for subprojects. A copy of such notice shall be served to each owner, occupier and person or agent having an interest in the land thereof. The names and addresses of the owners, occupiers and agents shall be readily ascertainable. The notice shall state: a. The Project’s proposal to acquire the land; 86 b. The public purpose for which the land is wanted; c. That the proposal or plan may be inspected at MWE offices or the CAO’s office d. That any person affected may, by written notice, object to the transaction giving reasons for doing so, to the entities cited above within a period to be specified at the time of publication of the Notice; e. List the cutoff date detailing that in-migration after this date will not receive compensation. 9.6.6 Documentation The names and addresses of affected persons will be compiled and kept in a database including claims and assets. The developer (MWE) will maintain records of these persons as well as the CAO. The records are also important especially for future monitoring activities. Documentation will include documents relevant to land transactions (voluntary and involuntary). 9.6.7 Contract Agreement A contract listing of all property and land/ farms being surrendered and the types of compensation (both cash and kind) will be prepared. The contracts will be presented at community meetings prior to signing. The handing over of property and compensation payments will be made in the presence of the affected persons and the Compensation Committee, and in public 9.6.8 Linking Resettlement Implementation to Civil Works PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and subsequent Resettlement Action Plan, before works on the sub project can begin. For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made, for compensation and for other assistance required for relocation, prior to displacement. The assistance includes provision and preparation of resettlement sites with adequate facilities. In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented in accordance with the individual RAPs. In the Implementation Schedule of each RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the Project Planning team and PAPs must include: a. target dates for start and completion of civil works, b. timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and; c. the link between RAP activities to the implementation of the overall sub projects. When approving recommendations for resettlement during screening, PAPs must confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works, in compliance with this policy. Proper timing and coordination of the civil works shall 87 ensure that no affected persons will be displaced economically and physically due to civil works activity, before compensation is paid and before any project activity can start. 9.6.9 Disclosure Arrangements for RPF and RAPs MWE shall disclose the RPF on its website, print media, public libraries and all institutions where the project activities will be implemented. All RAPs prepared guided by the RPF should also be similarly disclosed. RPF and any subsequent RAPs prepared for the project specific activities shall be cleared and be disclosed on World Bank’s external website before its implementation, as well as to PAPs and stakeholders in a manner and language understood by them. The project activities should ensure that attention is provided to the women, as well farmer groups headed by women when developing the LRP. Women play a vital role in agricultural programs and for this reason; livelihood restoration needs for women should be factored into the design. Note: RPF and subsequent RAPs should be disclosed in local language in areas accessible to PAPs and in the project area. 88 10 INSTITUTIONAL CAPACITY ASSESSMENT FOR RPF IMPLEMENTATION 10.1 ROLES AND RESPONSIBILITIES OF KEY PLAYERS The Project’s Executing Agency shall be the Ministry of Water and Environment (MWE) under arrangements for execution of similar projects/programmes. The Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) will be a key implementing partner of the Project’s activities that fall within their mandate. Implementation will follow established government procedures with the Executing Agency providing the necessary technical and policy guidance to lower Government institutions. Irrigation infrastructure activities will be directly supervised by the Ministry of Water and Environment through the Water for Production Department, together with MAAIF through the Agriculture Infrastructure and Water for Agricultural Production Department and the beneficiary District Local governments through the District Technical Support Team. MoWE will also take lead on implementation of activities related to the integrated natural resources management and climate resilience, through the relevant departments of the Directorate of Environment Affairs and the Directorate of Water Resources Management by proving necessary technical and policy guidance to districts who will lead all processes of implementation. Similarly, MAAIF will be responsible for implementation processes (technical and policy level) for the agri-business development component with the respective districts taking lead in implementation of their respective activities. National Environment Management Authority (NEMA) and the Chief Government Valuer will be responsible for providing overall quality control through review and clearance of the ESMPs and RAP/ARAP and validating Environmental Audit Reports to be prepared at the completion of works by the contractors. NEMA will also assist in enforcing compliance with World Bank safeguards policies and monitor the implementation of the ESMPs. NEMA will also support the project in coordinating safeguards activities. MGLSD is the leading and coordinating agency for the Social Development Sector. In collaboration with other stakeholders, MGLSD will be responsible for occupational safety, labour relations, community empowerment, protection and promotion of the rights and obligations of the specified vulnerable groups for social protection and gender responsive development, making it a stakeholder during in this project The Ministry’s water for production shall oversee implementation of the project in the respective areas including responsibility for stakeholder engagement, training, technical supervision, monitoring, and performance evaluation. Other deconcentrated structures of the Ministry including Water Management Zones, Wetlands among others shall participate in the implementation of the project at regional level. Each District will designate a Project Support Officer (PSO) among its staff, who will head the District Technical Support Team composed of District Engineer, District Water Officer, District Environmental Officer, District Wetlands Officer, District Agricultural Officer, District Natural Resources Officer and Community Development Officer to support the implementation and 89 technical supervision of the Project, including sensitization of farmers, training, and monitoring and evaluation in the respective local governments. The stakeholders involved in carrying out resettlement and/or compensation under the IDCRP include; the Ministry of Agriculture through the Project Implementation Unit, Ministry of Finance and Development Planning, Ministry of Lands, Housing and Urban Development (the regulatory lead agency for property valuation, compensation and land rights registration and transfer), the districts local governments with particular reference to Agriculture. Other institutions, such as the Land Commissioner and the District Valuation Office if any, will participate in the RAP implementation as cross-cutting units between the key institutions. Table below specifies who will be responsible in preparation, implementation and monitor the RAP and the GRM and how the different groups will report. 10.1.1 Capacity Needs Assessment for Implementation of RPF and RAP Ministry of Water and Environment and under District Technical Support Team will have the overall responsibility for execution of the irrigation project. The DTST is the project Management Team, which will be looking after the day-to-day project implementation. The small core team consisting of the Project Coordinator, M&E Officer, Accountant and Procurement Officer are already on board in the project preparation. This The Ministry has an existing Environmental and Social development specialist team which will give support to the project implementation. The DTST will be responsible for overall project planning, coordination, and technical implementation of the project. It is noted that, the Safeguards will equally support the team in consultations with the Bank will agree on the recruitment of such staff and the sources of funds i.e. from which project will funds be accessed. The Environmental and Social Development Specialists will be responsible for mainstreaming environmental and social issues in all PIU plans and activities. The team will champion environmental, social and land acquisition awareness and capacity building within the various ranks of IDCRP participating agencies while maintaining a liaison role between the PIU team, DTST and development partners (World Bank) in the areas of environmental and social safeguards. Safeguard Officers will have to work with district staff, primarily those in charge of resettlement, social and environmental issues. MWE’s key responsibility in this case will be to orient and train these officers in roles expected of them to ensure effective precipitation in managing and monitoring applicable impacts during project implementation. 10.1.2 Capacity Building at Selected Project Sites Once Project areas/sites are identified by both IDCRP and the Communities, the PIU shall request the community to designate one knowledgeable person to work along with the Environmental and Social Safeguards Officers as a Liaison Officer. This Liaison Officer will play an interphase role between the Communities, PIU and DTST on matters of land acquisition issues as well as environmental and social compliance in its establishment. Such officer once designated could benefit from short-term specialized trainings on safeguards such as environmental screaming, RAP process, grievance mechanism, land acquisition and resettlement, reporting and monitoring amongst others. 90 10.1.3 Capacity Building for Collaborating Institutions It is anticipated that, there will be a range of collaborating institutions under the project which will include NGOs, and the private sector players and participating farmers. Each of these categories will require responsive capacity enhancement on aspects of safeguards issues based largely their levels involvement in IDCRP activities. 10.1.4 Capacity Building, Training and Technical Assistance In order to successfully implement the guidelines and recommendations in the RPF, it is important to ensure that target groups and stakeholders who play a role in implementing the RAP are provided with the appropriate and continuous Environmental and Social Safeguards capacity development. Training programs will be carried out to improve capacity, particularly in new and decentralized institutions. Capacity enhancement required to ensure effective implementation of this RPF and management of any subsequent RAPs the following recommendations are made: 10.2 TRAINING IN OVERSEEING RAP PLANNING, PREPARATION AND MANAGING IMPLEMENTATION Relevant personnel in MWE offices and under WfP will be required continuous training to hone their skills in the capabilities outlined below:  RAP planning,  RAP preparation  Managing implementation of RAPs  Difference between RAP and Abbreviated Resettlement Action Plans (ARAP)  Stakeholder engagement training on mobilization of resettlement related activities  Knowledge of land acquisition and resettlement  Handling grievances and grievance redress  Trainings gender based violence  Trainings in handling sexual harassment Training courses on a) Management of Land Acquisition, Resettlement and Rehabilitation, b) environmental and social management framework and c) Environmental and Social safeguards provided by World Bank is recommended as a basic start for MWE and the supporting district- level staff. 10.3 TRAINING IN VULNERABILITY ASSESSMENT AND MANAGEMENT DURING RESETTLEMENT The safeguard team under MWE and Liaison Officers appointed from the respective districts should be trained in identifying and management of vulnerable persons during resettlement. These people often require special assistance when affected by the developments during implementations. Training should entail identifying categories of vulnerabilities as suggested by World Bank/IFC. 91 10.4 TRAININGS IN SOCIAL SAFEGUARDS With support from the World Bank safeguards team ,the client will be required to undertake trainings for DTST staff on World Bank policies and procedures as well as GoU laws relation to resettlement, land acquisition and overall social aspects. The training should impart skills based on requirements of Ugandan laws and regulations and World Bank operational policies, especially OP 4.12. These include;  Resettlement & Land Acquisition  World Bank Safeguard policies  Social Impact Assessment  Livelihood Restoration Programs and plans  Environmental and Social Assessments  Community Consultation/Participatory Planning  Child protection  Gender Based Violence  Sexual harassment The specific personnel to be trained include and not limited to:  Social Development specialists  Sociologists  Community Development officers  Environmental officers  Municipal officers  Land officers at District and Municipal level 92 11 GRIEVANCE REDRESS MECHANISM-GRM A grievance mechanism must be present and made available to PAPs who have grievances or are not satisfied with any part of the resettlement and compensation process. These grievances could relate to the unfair compensation, delays in compensation money, encumbrances amongst PAPs and their relatives, valuation of assets, level of consultation, non-fulfilment of contracts, and timing of compensation, amongst others. Complaints and grievances also concern issues related to construction safety and nuisances caused by construction. Grievances will be handled through negotiation aimed at achieving consensus. The goal of the Grievance Redress Mechanism (GRM) is to promote a mutually constructive relationship and enhance the achievement of project development objectives. The GRM is to ensure that complaints are directed and expeditiously addressed by the relevant agencies which is to enhance responsiveness and accountability. While a project-specific feedback and complaints mechanism is set up, the project will incorporate the existing grievance mechanism that has been used in the past experiences. 11.1.1 Typical Grievances under the Project Likely common grievances in the project implementation areas will include: a. Abuse or improper use of pesticides; b. Crop destruction by neighbors’ livestock; c. Non-payment of work done; d. Access routes through a neighbor garden e. Non-payments of infrastructure construction materials; f. Employment opportunities offered by the projects activities; and g. Encroachment on neighbors’ lands h. Grievances pertaining to resettlement i. Loss of Livelihoods j. Land acquisition k. Gender Based Violence related cases l. Lack or inadequate compensation At project level, each Implementing Partner is expected as an operational institution to have in place, its mechanisms of handling feedback and complaints which the project will essentially build on. Such a mechanism will be checked to ascertain its effectiveness, accessible and transparent procedures to receive and resolve complaints and where need be and for purposes of delivering this project, it shall then be reviewed and modified accordingly. Feedback/ complaints shall be encouraged among all workers and community members throughout the project and resolved without undue delay. This will also be closely monitored and reported. It is important that, concerns are raised on project level before they are brought to the PIU level. 11.1.2 Principle of a Good GRM 93 The grievance mechanism should follow the following principles: a. It should be scaled to address the risks and impacts on affected communities, b. Be culturally appropriate (language included), c. Be clear and accessible for any individual or group at no cost (vulnerable groups), and d. Be transparent and including regular reporting, and preventive of retribution and to not impede access to other remedies. Furthermore, the grievance mechanism should be designed to provide access to specific target groups, e.g. girls and women who, might be subject to sexual harassment during construction, would need avenues to submit grievances that protect their privacy. In the complaint resolution, the Implementing partners should use existing complaint and resolution mechanisms, including informing the PIU about serious concerns/complaints and involve them in the resolution, if appropriate. All grievances should be logged in a complaint register to assess whether the grievance is closed or whether further action is needed. 11.1.3 Steps of Grievance Redress A verbal or a written complaint from aggrieved person will be received by the Project Manager or a person assigned in the project as the Grievance Officer (GO) and recorded in a grievance log (electronically if possible). Grievances can be lodged at any time, either directly to the Contractor, Sub-county/District Office or via the grievance committee member. The process for lodging a complaint is outlined below: a. The GO will receive a complaint from the complainant. b. The GO will ask the claimant questions in their local language write the answers in English and enter them in English onto the Grievance Form. c. A representative of the community shall witness translation of the grievance into English. d. The GO reads the complaint in English and translates it into the complainant`s local language on the Grievance Form. e. The local leader and the complainant both sign the Grievance Form after they both confirm the accuracy of the grievance. f. The GO lodges the complaint in the Grievance Log. 11.1.4 Mechanism Under Project Local grievance redress committees will be initiated at the village level to record grievances and also help in mediation. This committee will comprise the Local council leaders or a trusted village elder, a religious representative, and specific vulnerable group representatives of relevance to the village i.e. women and the disabled. Disputes will be resolved at the village level as far as possible. The GRC at the district and sub-county levels will be resolved under a County/District GRM constituted by the Project. At the County Level, the Grievance Redress Committee will be established to deal with any grievances unsettled at the village level. More serious grievances involving crimes will not be resolved under this framework but are instead referred to the police for appropriate prosecution process. As for GBV related cases such as assault, rape among others; the developer will establish reporting protocols that are strictly survivor centric, and train GRC members and other relevant stakeholders accordingly. Furthermore, The PAPs will be notified of the existence of the GRM and it will be accessible through several means and will also allow anonymous complaints. Complaints will be lodged in the language best understood by the complainant. 94 11.1.5 Tasks of the Grievance Redress Committee The specific tasks of the GRC will be: a. Set up a systematic process of recording grievances in a register (“Grievance Book”) as well as electronically. The register should be located in the PMU office and should be accessible to residents. b. Both written and verbally communicated grievances should be recorded. c. Suggested categories are grievances regarding:  Replacement structure or land, and procurement of construction materials;  Agriculture and crops;  Livelihoods; and  Valuation process and payment of compensation.  Damaged property during construction  Exclusion in the census  Complaints on the consultation process followed  Complaints against contractor and labor  Any social other issue related to project intervention affecting the communities d. Prepare a database for recording and keeping track of the grievances and how they were resolved. The database should be a ‘living’ document, updated weekly. It should also record the status of each grievance (date opened/in-process/closed). Access to making entries into the database should be restricted to the implementation team, but the general community should be able to use “Grievance Book”/ register to see the status of their complaints. e. Communicate the grievance procedure to the people, the process for recording their complaints and the timelines for redress. Communication should be done through a community meeting involving the resettled community. Pamphlets outlining the procedures and commitments of the grievance mechanism should be distributed to all households. f. Raise grievances at the regular implementation team meeting for discussion. Some resolutions will require coordination/ interaction with the local authorities, which the GO should follow up, while some would require intervention from the ministry. Provide a regular update on the status of grievances via the database, including reasons for delay, if any. This update needs to be provided on a weekly basis. Also, clearly define grievances that will not be entertained by the GO. These could be related to issues other than those linked to the resettlement and rehabilitation process. 11.1.6 Women’s Involvement and Participation in the Grievance Process All subprojects under the project should ensure that women have fair representation on all its committees. Established forms of gender segregation and defined roles and responsibilities may affect women’s access to and use of a grievance mechanism. Women may also be inhibited or hindered from complaining about specific incidents (e.g. compensation, land ownership, harassment, inequality in getting employment). In some communities, women may have lower literacy rates than men and be less familiar with formal processes. The subprojects should ensure that consultation on design of the mechanism provides for inclusion and participation of women, and that its implementation facilitates women’s access. 95 The RAPs therefore should ensure that the grievance mechanism committee to be established includes female staff who are aware of and sensitive to the role of women in local society and the issues they face. The project should train personnel in the handling of gender-sensitive issues, preferably the social development specialist for MWE should have a training in Gender based Violence. 11.2 The World Bank’s Grievance Redress Service (GRS) 11.2.1 GRS Definition and Purpose The GRS is the World Bank’s easy way to provide PAPs and communities an avenue to bring their complaints directly to the attention of Bank Management. The project-level GRM will remain the primary tool to raise and address grievances in Bank-supported operations except issues that cannot be resolved at the project level. The GRS facilitates corporate review and resolution of grievances by screening and registering complaints and referring them to the responsible Task Teams/Managers. The GRS undertakes the follow functions within defined time frame: a. Receives complaints from stakeholders b. Evaluates and determines their eligibility and category c. Refers complaints to appropriate Task Teams/Managers d. Follows up with Task Teams to ensure complaints are resolved e. Refers PAPs to the Borrower or other parties where appropriate. 11.2.2 Submitting a Complaint To GRS Complaints may be submitted by one or more individuals, or their representatives, who believe they are adversely affected directly by an active (i.e. not closed) Bank-supported operation (IDA). A complaint may be submitted in the English or local language. Processing complaints not submitted in English will require additional processing time due to the need for translation. A complaint can be submitted to the Bank GRS through the following channels: a. By email: grievances@worldbank.org; b. By fax: +12026147313 c. By mail: The World Bank, Grievance Redress Service, MSN MC 10-1018, 1818 H St NW, Washington, DC 20433, USA and/or d. Through the World Bank Uganda Country Office in Kampala The complaint must clearly state the adverse impact(s) allegedly caused or likely to be caused by the Bank supported operation. This should be supported by available documentation and correspondence where possible and appropriate. The complainant may also indicate the desired outcome of the complaint, i.e., how it may be resolved. The complaint should have the identity of complainants or assigned representative/s, and address contact details 12 MONITORING AND EVALUATION PLAN Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The purpose of monitoring is to provide the World Bank, MWE and relevant 96 stakeholders with feedback on RAP implementation and to identify challenges and successes as early as possible to allow timely adjustment of implementation arrangements. Some of the areas relating to the effectiveness of RAP implementation, include the physical progress of resettlement and rehabilitation activities, new resettlement sites, the disbursement of compensation, the effectiveness of public consultation and participation activities, and the sustainability of livelihood and income restoration and development efforts among affected communities should be monitored and reported internally by MWE’s PIU and externally by qualified resettlement specialists, and integrated into the overall Project management process. As mentioned above, monitoring will be Internal and External and the purpose of the internal and external monitoring evaluation will be to verify that:  All affected persons are involved in all the preparatory processes of the Resettlement action plan and that all affected properties and assets are captured in the Entitlement matrix and inventories and given appropriate budgets.  Compensation is done on schedule and in accordance with the RPF  All funds are spent on the line items for which they are budgeted for and affected persons are satisfied with the resettlement process.  All grievances and complaints are channeled correctly and appropriately attended to. 12.1 Objectives and Scope Evaluation and monitoring are key components of the Resettlement Policy Framework. The monitoring plan will indicate parameters to be monitored, institute monitoring guidelines and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. Objectives include:  Monitoring of specific situations or difficulties arising from the implementation and of the compliance of the implementation with objectives and methods as set out in this Resettlement Policy Framework;  Evaluation of the mid- and long-term impacts of the Resettlement and Relocation Action Plan on affected households’ livelihood, environment, local capacities, on economic development and settlement.  Through the monitoring and evaluation, MWE’s PIU department will establish a reporting system for the project RAP that will:  Provide timely information to the project about all resettlement and compensation issues arising as a result of resettlement related activities;  Identify any grievances, especially those that have not yet been resolved at the local level and which may require resolution at the higher levels;  Document completion of project resettlement and compensation that are still pending, including for all permanent and temporary losses; and  Evaluate whether all PAPs have been compensated in accordance with the requirements of this RPF and that PAPs have better living conditions and livelihoods. 97 The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components: a) Internal monitoring – undertaken by the Monitoring Officer within MoA, b) External evaluations – undertaken by an external agency e.g. independent entity/consultant 12.2 Internal Monitoring Process The overall objectives and tasks of the internal monitoring process are:  Tracking progress of RAP implementation including number of PAPs compensated, relocated and assistance to vulnerable persons;  How complaints and grievances are managed.  Follow up on livelihood recovery or socio-economic status of individuals benefitting from the project activities against a pre-resettlement baseline; and  Regularly respond to M&E findings by adapting existing measures or by modifying implementation processes. The monitoring process will be used to analyze progress and change at regular intervals and shall be linked to the various stages of the RAP, as follows: 12.2.1 Monitoring During Resettlement During resettlement, M&E should focus on resettlement issues such as:  Number of families that have been moved;  Number of people given possession and legal papers to new property (land or house);  Impacts on livelihood and income;  Registration of unemployed people. 12.2.2 Monitoring After Resettlement After the physical relocation is completed, monitoring shall focus on rehabilitation issues and status on each of the measures will be assessed, for example:  Target date for completion (e.g. within two months of resettlement);  Progress to date  Progress in the last month  Target for the month  Reasons for delay, if any; and  Action to be taken, including specific responsibilities of other members of implementation team.  Socio-economic assessment to ensure minimal impacts – that the PAPs are not worse off than before the RAP process. 12.3 External Monitoring Process 98 MWE under the PIU will engage an Independent Monitoring Unit (IMU) if necessary for purposes of external monitoring and evaluating implementation of compensation and resettlement activities. In establishing the unit, effort will be made to draw on personnel with resettlement and social development experience in Uganda. The External Monitor must have past experience in conducting external resettlement monitoring for donor-funded projects, preferably, linier projects. The IMU shall be appointed to monitor the resettlement and compensation process and implementation of requirements to verify that compensation, resettlement and rehabilitation have been implemented in accordance with this RPF and the agreed subproject RAPs. Sample terms of reference for the independent monitor have been provided in Box below. Box 1: Sample Terms of Reference for External Monitoring Agency MWE /PIU will seek an independent monitoring entity for the Resettlement Action Plan of the proposed Project on IDCRP. The appointed entity will be required to undertake roles below and submit semi-annual information to MWE about RAP progress. a) Scope of Work: The external monitoring agency will have the following responsibilities:  Monitor RAP timelines and how they match planned implementation schedule.  Monitor RAP activities, disbursement of compensation payments, and provide assessment of compliance of RAP actions with requirements of funding agency.  Conduct surveys among resettled PAPs to assess their satisfaction with RAP implementation.  Act as independent observer at consultative meetings and grievance resolution sessions. b) Specific actions The monitor will:  Undertake post RAP evaluation to assess success of overall resettlement activities.  Review the socio-economic baseline and census database to confirm its accuracy and validity.  Identify and select impact indicators for monitoring impacts including ones that might be gender- specific. c) Implementation Arrangements Over the engagement period, the monitor shall report directly to MWE’s/PIU Project Coordinator and the unit safeguards team. d) Reporting  Detailed work plan for the assignment comprised in a comprehensive inception report that shows 99 grasp of monitoring requirements.  Monitoring report every 6 months. e) Requisite qualifications The External Monitor must have past experience in conducting external resettlement monitoring for donor- funded projects, preferably, linier projects or projects within low income communities. The monitor should have demonstrated competency in Uganda and World Bank safeguard policies. The IMU will also be responsible during monitoring be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. In addition, the independent evaluation will determine:  If all sub-projects have been screened for Environmental and Social Risks  If the right safeguards instrument has been prepared for sub-project that trigger involuntary resettlement  If compensation payments have been completed in a satisfactory manner;  If there are improvements in livelihoods and well-being of PAPs  If PAPs livelihood and well-being have improved, and have not worsened as a result of the sub-project Several indicators will be used to measure these impacts. These include, among others,  Comparison of income levels of PAPs before-and-after the RPF and or ARAP/RAP implementation;  Comparison of income levels of households/individuals/ farmers benefitting from the Project;  Livelihoods and employment assistance offered under the project and other accessible alternative incomes;  Number of grievances and their status, time and quality of resolution;  Number of vulnerable people/groups identified and assisted and impact of resettlement assistance provided on them;  Number of demolitions if any after giving notice if any, and  Number of PAPs paid in a given period in comparison with what was planned. Furthermore, other outcome indicators that assess the effectiveness of the resettlement and changes occurred to the communities’ standard of living will be assessed using a monitoring form. Key indicators are given in Table below. An illustration of a monitoring form is provided in ANNEX 4. Table 6: Outcome Indicators 100 Category Indicator Change in housing size/no of rooms Change in housing quality Assets Change in house ownership Change in number/access/size of outbuildings Change in access to distant land plots/ homestead land Change in number of people employed Employment Change in the number of ‘vulnerable’ people unemployed Change in the stability of income (e.g. from full-time to part time employment) Change in the average income per person, per household Income Change in source of income Change in expenditure/ time spent on travel (to work, healthcare, markets, extracurricular activities, cultural sites, kindergarten ) Expenditure Change in expenditure on healthcare, kindergarten, household goods, livestock produce) Changes in access to entertainment/ community facilities Change in access to/ quality of healthcare, education, kindergarten, markets, Infrastructure transportation Availability of extracurricular activities at school Health Change in frequency/ type of health problems, frequency of accessing healthcare Education Change in no of children attending kindergarten/ boarding school Community Change in type/ frequency of interactions 101 Category Indicator Networks Change in support received within the community 12.4 Supervision by the World Bank The Implementation Support missions will specifically focus on reviewing the quality of ESMF and RPF implementation, finding solutions to implementation problems, assessing the likelihood of achieving the project Development Objective, review with the PIUs the action plan and disbursement programs for the next six months; verify compliance of project activities with the Bank’s environmental and social safeguard policies; and review monthly and quarterly reporting. The World Bank’s safeguards team will every six months carry out missions to the project sites to identify compliance and ensure that all the WB policies including OP 4.12 are followed. 12.5 Completion audit The World Bank Safeguard Policy, OP 4.12 states that upon completion of a project, the project proponent oversees an assessment to determine whether the objectives of the resettlement instrument have been achieved. Evaluation is intended at checking whether policies have been complied with and providing lessons learnt for amending strategies and implementation in a longer-term perspective. The completion audit will allow the project to verify that all resettlement/compensation related measures identified in the RPF and any RAP/ARAP developed for that purpose were implemented or otherwise, and that compensation programmes have been completed in compliance with OP 4.12. The audit will also evaluate and ensure that the actions prescribed in the RPF and any RAP and implemented had the desired effect. The Project may engage a local consultant to carry out the completion audit. The completion audit is to be undertaken after implementation of the RPF and or RAP or when required to ascertain reported infractions in the RAP implementation process. 12.6 Responsibility of the Authorities The role of the implementing authorities is critical in the operationalization of the Resettlement Policy Framework. The following are important points to observe:  Ensure that there is trust between the PAPs and the authorities throughout the process by being transparent in every action and sharing information. 102  Being realistic with time frames and sequencing of related activities;  When registration will be completed;  When assessment will be completed;  When computation of entitlements will be carried out;  When payments will be made by whom and where; and  When the acquired land will be vacated and when the contractor will move on site; Adhering to the agreed and publicized timetable of delivery of compensation is critical. This calls for a deliberate effort to ensure;  Funds for compensation are ready set aside and accessible when payment commences; and  The location for resettlements is demarcated and available without encumbrances for those who opt to be relocated. 12.7 Indicators to Determine Status of Affected People These indicators are most important with respect to the RPF policy on resettlement and compensation. They will be informed by the baseline survey and will provide the council and the World Bank data and trends for refocusing the project and for improving delivery as a whole. The following will be considered:  Number of affected persons by types of losses  Status of resettlement with timelines whether met or outstanding  Affected individuals, households, and communities are able to maintain their pre-project  Standard of living, and even improve on it; and  The local communities remain supportive of the project. Specific indicators may include the following, which would indicate a change in:  Quality of, and access to services, number of people employed;  Number of people engaged in income-generating activities;  Number of vulnerable people;  Sources of income;  Expenditure pattern. 12.8 Indicators to Measure RAP Performance In terms of the resettlement process, the following indicators could be used to understand the success of the measures identified and the working of the relevant parties in implementation the RAP:  Compensation; 103  Percentage of individuals selecting cash or a combination of cash and in-kind;  The number of contentious cases as a percentage of the total cases;  The number of grievances and time and quality of resolution;  The ability of individuals and families to re-establish their pre-displacement activities;  Number of impacted locals employed;  General relations between the project and the local communities. These will be determined through the following activities:  Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received;  The PIU will maintain a complete database on every individual impacted by the subproject land use requirements including  Questionnaire data will be entered into a database for comparative analysis coordinated by the PIU;  Relocation/resettlement and compensation, land impacts or damages; and the PCT should prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports. 12.9 Reporting and Documentation Safeguards updates will be part of the overall project reports. Separate safeguard report will be provided on request by the World Bank and for other relevant discussions. The report will at least cover status of compensation disbursement, nature of complaints, redress actions and follow-ups Other information and documentation will include;  All disclosed safeguards Instruments  Minutes of all consultation and disclosure meetings and workshops (including pictures where feasible)  Sub-project Environmental and Social screening reports/forms  RAP/ Compensation Reports  New safeguards issues not anticipated during preparation  Site Meetings, any meeting that discusses key project issues  Changes in decisions regarding safeguards related matters  Grievance records  Safeguards field visit reports etc. 13 RPF BUDGET AND FUNDING At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs/details have not yet been developed and land needs have not yet been identified. When the exact locations are known, and after the conclusion of the site- specific socio-economic study, information on specific impacts, individual and household 104 incomes and numbers of affected people and other demographic data will be available, thus facilitating the preparation of a detailed and accurate budgets for each RAP. The developer will manage and monitor the resettlement budget and will finance this budget through the administrative and financial management rules and manuals as for any other activity eligible for payment under the project. At this stage, all that can be reasonably and meaningfully prepared is an indicative budget, highlighting key features that the budget must contain. Table 6 below is the budget estimate and the proposed attendant activities. Table 6: Indicative RPF Budget for the project No. Item/Activity Cost in USD Justification 1 Costs of employing one Safeguards 4000 Monthly gross remuneration for Specialist and the assistant in the PIU. safeguards specialists and their assistants 2 Capacity building for safeguards team 10,000 Equip technical team to enhance for MAAIF under PIU-MoWE institutional capacity 3 Training of District technical team 60,000 Agricultural officers, environment NGOs, CBOs officers, local leaders, women and youth group 4 Monitoring and evaluation plan 20,000 Internal (in-house evaluation) and External monitoring (independent entity/consultant) of Post RAP implementation, RAP audit. 5 Grievance Management 20,000 Establishing grievance management framework from county level to Ministry and PIU (training, allowances and other logistical requirements) 6 Engagement with stakeholders and 50,000 Community engagements with local leaders, affected communities NGOs, procuring services of RAP specialist Sub Total 144,000 6 Contingency 14,400 10% of total budget Total Budget Estimate for RPF This figure is to be confirmed during Implementation 158,400 appraisal stage of the project. 13.1 DISCLOSURE This RPF will be disclosed in compliance with relevant Ugandan regulations and The World Bank Operational Policy 4.12. After the World Bank’s review and approval of the RPF as part of the overall proposed project for funding, the implementing agencies coordinated by MWE shall share the final RPF with all other relevant Ministries, Local Governments and Institutions; it will also be disclosed in-country for all interested person to read and know the details and at the World bank’s external website. Subsequent RAPs developed will also be cleared by the World Bank and disclosed in-country for all interested person (including in local languages when necessary) to read and know the details and at the World Bank’s external website. 13.2 SOURCE OF FUNDS The budget for the RPF will be internalized into project costs. However, the budget for resettlement activities including compensation cost for affected assets will be developed from the specific social assessment studies and census during the preparation of the ARAP or RAP and will be funded by GoU. 105 The RAP implementation schedule is proposed over a period of 1 year followed by 2 years of monitoring. The RAP implementation unit and local committees would be informed shortly after approval of RAP by CGV and funding entity. Compensation payments and resettlement assistance are expected to start at about the same time and extend over 12 months after which construction would commence. A schedule of RAP activities in relation to the time table of project implementation is provided in Table 7. 106 Table 7: Resettlement Schedule Month 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Activity RAP approval RAP approval by Chief Government Valuer and funder RAP disclosure & display of valuation lists Verification of vulnerable PAPs (including vulnerable people) by MWE RAP implementation Procurement of RAP implementation consultant Formation and mobilization of RAP unit & committees Compensation payment & grievance 107 Month 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Activity management End of compensation payment period Approval from funding agency to commence project Notice to vacate compensated assets 3-month period allowed to vacate Commencement of civil works Monitoring & evaluation 108 14 PREPARATION OF RESETTLEMENT ACTION PLANS As soon as the list (sub-projects) is approved by the responsible agency implementing the program, a consultative and participatory process for preparing a RAP will be started, as follows: d. A socio-economic survey will be completed to determine scope and nature of resettlement impacts. e. The socio-economic study will be carried out to collect data in the selected sub-project sites. f. The socio-economic assessment will focus on the potential affected communities, including some demographic data, description of the area, livelihoods, the local participation process, and establishing baseline information on livelihoods and income, landholding, etc. Annex 1 describes the requirements for the RAP in detail. In general, the RAP contains the following information: a. Baseline Census; b. Socio-Economic Survey; c. Specific Compensation Rates and Standards; d. Entitlements related to any additional impacts; e. Site Description; f. Programs to Improve or Restore Livelihoods and Standards of Living; g. Detailed cost estimates and implementation schedule. The District planning committee with the help from key stakeholders will prepare the ToRs for the RAP subject to approval by the EO at MWE. The procurement of the consultant to complete the RAP will also be the responsibility of the District. The following guidelines are used when a RAP is developed. 14.1 CONSULTATION AND PARTICIPATORY APPROACHES A participatory approach is adopted to initiate the compensation process. The consultations must start during the planning stages when the technical designs are being developed, and at the land selection/screening stage. The process therefore seeks the involvement of PAPs throughout the census for identifying eligible PAPs and throughout the RAP preparation process. 14.2 DISCLOSURE AND NOTIFICATION All eligible PAPs will be informed about the Irrigation Development and Climate Resilience Project and the RAP process. A cut-off date is established as part of determining PAPs eligibility. It is established by the borrower and acceptable to the Bank. In special cases where there are 109 no clearly identifiable owners or users of the land or asset, the RAP team must notify the respective local authorities and leaders. A “triangulation” of information – affected persons; community leaders and representatives; and an independent agent (e.g. local organization or NGO; other government agency; land valuer) – may help to identify eligible PAPs. The RAP must notify PAPs about the established cut-off date and its significance. PAPs must be notified both in writing and by verbal notification delivered in the presence of all the relevant stakeholders. 14.3 DOCUMENTATION AND VERIFICATION OF LAND AND OTHER ASSETS The government authorities at both national and local levels; community elders and leaders; representatives from the MWE will arrange meetings with PAPs to discuss the compensation and valuation process. For each individual or household affected by the sub-project, the RAP preparation team will complete a Compensation Report containing necessary personal information on the PAPs and their household members; their total land holdings; inventory of assets affected; and demographic and socio-economic information for monitoring of impacts. This information will be documented in a Report, and ideally should be “witnessed” by an independent or locally acceptable body (e.g. Resettlement Committee). The Reports will be regularly updated and monitored. 14.4 COMPENSATION AND VALUATION All types of compensation will be clearly explained to the individual and households involved. These refer especially to the basis for valuing the land and other assets. Once such valuation is established, OPM will produce a Contract or Agreement that lists all property and assets being acquired by the sub-project and the types of compensation selected. All compensation should occur in the presence of the affected persons and the community local leaders. 14.5 PUBLIC CONSULTATION AND PARTICIPATION Projects involving the community owe their success to community participation and involvement from planning to implementation stage. Hence public consultation through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the Uganda Irrigation Development and Climate Resilience Project activities. The aim of public participation at this stage would be to: a. Disseminate concepts for proposed projects with view to provoke project interest amongst communities b. Determine communities’ willingness to contribute in kind towards the implementation of the project. The persons affected by the project should participate into the whole process of the compiling and implementation of the resettlement plan, for which, at this point, before formulating the 110 resettlement plan, public meeting should be held to provide the residents with the right to learn this policy framework. Relevant local governments should enable affected households and non-domestic organizations to understand the treatment they may enjoy and the options they may select according to the resettlement plan. 111 15 LIST OF ANNEXES 15.1 ANNEX 1: ANNOTATED OUTLINE FOR PREPARING A RAP This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank external website. The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context. A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following: General description of the Project areas and identification of sub-project areas namely:  Irrigation Infrastructure development and integrated catchment management which will entail development of Kabuyanda, Matanda Nyimur, Enengo and Amagoro irrigation schemes for high value crops  Integrated Catchment Management will involve preparation of management plans for the irrigation schemes  Supporting services for value chain development (gap filling, synergy with linked complementary programs- This will include agribusiness development for climate smart livelihoods aquaculture (Fisheries), Apiculture (Honey production), seedling production & crop intensification; business skills development especially among youths Institutional strengthening and Implementation Support which give support to irrigation management reform and organizational development, technology transfer and best management practice adoption. Description of the sub-project: General description of the sub-project and identification of sub-project area or areas. Potential Impacts: Identification of the: (i) the sub-project components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation. Objectives: The main objectives of the resettlement program as these apply to the sub-projects. Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering: a. Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility 112 for compensation and resettlement assistance; b. Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; c. Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic; d. Information on vulnerable groups or persons, for whom special provisions may have to be made; and e. Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions. f. A detailed census on PAPs and affected assets as well as information based on gender and age and level of vulnerability. There may be other studies that the RAP can draw upon, such as those describing the following: a. Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area; b. Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project; c. Public infrastructure and social services that will be affected; and d. Social and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. Legal Framework: The analysis of the legal and institutional framework should cover the following: a. Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc.; b. Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the sub-project; c. Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc. related to displacement and resettlement, and environmental laws and social welfare legislation; d. Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; e. Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and 113 the mechanisms for addressing such gaps; and f. Legal steps necessary to ensure the effective implementation of RAP activities in the sub- projects, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc. and which are specific to the sub-projects. The institutional framework governing RAP implementation generally covers: a. Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation; b. Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and c. Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes. Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates). Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information. Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following: a. Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; b. Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites; c. Procedures for physical relocation under the project, including timetables for site preparation and transfer; and d. Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled. Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described. 114 Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). Community Participation: Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include: a. Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities; b. Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and c. Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and d. Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented. The consultations should cover measures to mitigate the impact of resettlement on any host communities, including: a. Consultations with host communities and local governments; b. Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to PAPs; c. Conflict resolution involving PAPs and host communities; and d. Additional services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs. Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms. RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc.). 115 Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project. Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement. Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation. 116 15.2 ANNEX 2: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (Filer of Complaint): __________________________________ ID Number: __________________________________ (PAPs ID number) Contact Information : __________________________________ (Village ; mobile phone) Nature of Grievance or Complaint: ______________________________________________________________________________ ______________________________________________________________________________ Date Individuals Contacted Summary of Discussion _________________________________________________________ Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint: __________________________ (if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution Date of Conciliation Session: ______________________________________ Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ______________________________________________________________________________ ______________________________________________________________________________ Summary of Conciliation Session Discussion: ______________________________________________________________________________ _____________________________________________________________________________ Issues _______________- ______________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: Signed (Conciliator): ___________________________ Signed (Filer): ________________ Signed:___________________________ Independent Observer Date: ___________________________ 117 15.3 ANNEX 3: GRIEVANCE CLOSE OUT FORM GRIEVANCE CLOSE OUT FORM Grievance closeout number Define long term action required (if necessary) Compensation required: Y N Verification of Corrective Action and Sign off 1 Corrective Action Steps: Due date: 2 COMPENSATION ACTION AND SIGN OFF This part will be filled in and signed by the complainant when he/she receives the compensation or the file is closed out. Notes: Date: >………………………………… Complainant Representative of Responsible Party Name and Signature Name and Signature >…………………………….. >……………………………………….. 15.4 ANNEX 4: KEY ISSUES RAISED DURING STAKEHOLDER CONSULTATIONS a. Farmers should not be discriminated against once the irrigation project, some of the community members under Kayembe Agricultural Womens’ Group cited that there is a possibility of leaving out the poor farmers and only the rich are considered to be the only beneficiaries to the project. b. There will be need for the project developer to improve the nutrients of the soil through use of fertilizers and sensitizing the masses on good management soil practices. c. Kanungu as one of the project beneficiary districts mentioned that they lack a grievance management system to ably handle grievances that could arise during civil works. Therefore, there will be need to come up with training and capacity building to handle both environmental and Social safeguard issues during project implementation. d. Compensation of different PAPs should be done before commencement of civil works. e. The locals for the respective project beneficiary district should be considered during implementation of the project. f. All the district officials warmly welcomed the project and they are confident that there will be increase in the crop yields and hence improvement in communities’ livelihood. 15.5 ANNEX: 5 GUIDELINES FOR VOLUNTARY LAND DONATIONS IN CDD PROJECTS The voluntary land donation follows guidance in the RPF. All voluntary land contribution is to be without any monetary conditions attached. Where land is voluntarily donated for 118 community/public good and/or services, it is recommended that the basic guidelines to be followed as follows: a. Land to be donated must be identified by the community through a participatory approach b. Impacts of proposed activities on donated land must be fully explained to the donor; c. The potential donor is aware that refusal is an option, and that right of refusal is specified in the donation document the donor will sign; d. The act of donation is undertaken without coercion, manipulation, or any form of pressure on the part of public or traditional authorities; e. The proportion of land that may be donated cannot exceed the area required to maintain the donor’s livelihood or that of his/her household; f. Donation of land cannot occur if it requires any household relocation; g. For community or collective land, donation can only occur with the consent of individuals using or occupying the land; h. Verification must be obtained from each person donating land (either through proper documentation or through confirmation by at least two witnesses); i. The implementing agency establishes that the land to be donated is free of encumbrances or encroachment and registers the donated land in an official land registry; j. Any donated land that is not used for its agreed purpose is returned to the donor; and k. Each voluntary land donation process as guided above will be documented reflecting informed consent and power of choice. 119 15.6 ANNEX 6: MINUTES OF STAKEHOLDERS Consultation proceedings for IDCRP in Matanda/Enengo, Kanungu District Date of meeting 6th August 2018 Place of Meeting At Kanungu District Head quarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Courtesy Visit to the CAO, Mr. Begumya Eliab. Item Summary of Proceedings 1. Introduction The Team Leader introduced his team and then explained the assignment, the significance of the meeting. 2. Discussion Are you aware of the intended Irrigation development project in Matanda/Enengo, if yes, how do you perceive it? a. Yes, and in fact I’m in great support of its implementation considering that farmers not only in Matanda/Enengo depend on rainfall so much for crop production. If the Irrigation scheme is put in place, farmers will be to grow crops and produce food all year round. b. However, for this project to be successful, it should be inclined toward communalism since communities in the area live and operate on clan based groups and they are strongly attached to each other. It is due to this cohesion that they are able to provide labour to each other for all agricultural activities such as planting, weeding and harvesting. c. Farmers face a challenge of animal encroachment on their farmland, which do not only eat the crops but also trample over them. These animals include Elephants, buffalos and baboons. d. There are a lot of “fake” or poor quality seeds and seedlings on the market lately which greatly impacts the crop yield, it is therefore important that institutions in charge allow only quality viable seeds on the market for the farmers. e. Finally, farmers should be trained and encouraged to participate in production of different crop types, the trend of finding all farmers growing one type of crop like maize at ago should be stopped hence farmers will have ready market for their produce. Date of meeting 6th August 2018 Place of Meeting At Kanungu District Head quarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the District Community Development Officer (DCDO), Mr. Namara Christopher Item Summary of Proceedings 1. Introduction After introducing the team members, the Team Leader explained the assignment, the reason why discussing with him concerns pertaining the irrigation development project is of significance toward its implementation. 2. Discussion What are the major livelihoods activities people engage in? Agriculture production is the leading source of livelihood to the communities and the district at large. All people of different age groups that is; men, women and the youths are actively involved in agriculture production though crop production is more practiced than livestock rearing. Any challenges affecting agriculture production? a. Unreliable rainfall patterns yet farmers depend on these seasons for cultivation and crop production. b. Land fragmentation limits productivity. c. Reduced market prices for agricultural produce. 120 d. Traditional methods of farming such as use rudimentary tools of hoes and pangas. e. The farmers to be sensitized on the need to improve on the nutrients of the soil by practicing good management soil practice such as mulching and use of fertilizers. Do you see the irrigation development project in Matanda/Enengo overcoming some of these challenges? The irrigation development project will provide constant supply of water to agricultural fields and livestock. This will cause a positive shift from rainfall dependency causing farmers to produce unlimitedly. What would you like the project to take into consideration for it to be successful? MWE should provide an implementation/operational manual/guidelines for the construction and management of the scheme. Collaborative measures amongst Local Government structures; Water technical services, Community development and Environment departments all geared toward the main objective of the project. Date of meeting 6th August 2018 Place of Meeting At Matanda Project site Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the District Agricultural Engineer Mr. Politique Emanuele and Kihihi Sub-County Chief. Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Issues discussed What is the estimated project command area and where will be extracted from? The irrigation development project is envisioned to cover an area of 800 acres. Matanda is the downstream, Enengo upstream. Water will be sourced from R. Mitano and the studies carried out so far indicate that the supply is adequate. What is the nature of land tenure system in place? All the 800 acres belong to Government of Uganda, however 100 acres are for the Police with a small fraction housing the Refugee transit site and another 100 acres for Rushorooza Seed secondary school. Farmers are able to hire and cultivate on this land upon agreement with the Sub-county. What are the most crops grown and animals reared in the project area? a. Food Crops include; maize, cassava, beans, sorghum, g.nuts b. Cash crops: Coffee, and tea c. Vegetables: cabbages, tomatoes, pepper, and d. Fruits: water melon, mangoes, avocado and jack fruit. e. Animals include; cows, Poultry, piggery, goats and some fish farming What are the major challenges faced by farmers during agriculture production? a. Matanda is quite dry, the soils are sandy loam in nature therefore susceptible to leaching. b. Land degradation knowingly and unknowingly by practicing poor methods of farming which lead to nutrient depletion. c. Unpredictable changes in climatic patterns which leads to less output in terms of harvest. d. Soil erosion, considering that the nature of the terrain is generally steep hence vulnerable to erosion and mudslides. e. Inadequate land for cultivation which pushes communities to cultivate in swamps and river banks. However, with this irrigation scheme we will be assured of increased productivity and reduced famine as farmers don’t have to depend entirely on the rainfall seasons. Are there any measures farmers should undertake to ensure IDCRP is of more benefit to them? 121 Yes, farmers should embrace the practice of diversified agriculture and stop producing one similar crop per season. At least each group or individual should grow a crop different from the rest, in that way, there is steady market. For example, the reason why Maize prices have dropped so much to as low as 150/= per kilo is because farmer produced maize leading to increased supply and then fall in demand. Communities should form water user committees or management schemes to ensure the scheme performs its intended purpose and is kept functional always. Farmers have to adjust to patterns of other crops which they haven’t been planting. They have to undertake background and check and grow crops that are quite profitable on the national scale. Post- harvest preservation methods are still inadequate; this is one of the reasons why farmers rash to sell off their produce even at extremely low prices. Since the scheme will boast productivity, farmers should be ready with measures to store their produce until they meet reasonable demand. What negative concerns are likely to emerge as a result of this irrigation development project? a. Increased land conflicts and disagreements; many farmers will want more land and it will be difficult for the issuing body to allocate land properly and equally. b. Increased influx of people in the area which can cause social disorder. c. Overproduction with no matching market. Date of meeting 6th August 2018 Place of Meeting At Kihihi Sub-county Headquarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the Farmers of Kayembe, Kiruruma, Matanda and Kabuga. Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion After taking the farmers through the project concept and describing the detail of the project components, they were asked how the project will contribute positively and negatively to their development, more so livelihood. Below are their excerpts; Project benefits a. Reduced famine; we will be able to grow crops and have enough to feed the children. b. We will be able to plan our faming and produce unlimitedly. c. The scheme will be a tourist attraction itself and a model scheme for other areas Negative impacts a. Increased inflow of people in the project area which leads social disorder, theft, increased prostitution, disruption of cultures and the like. b. Flooding of the water which can spoil crops c. Increased diseases resulting from stagnant water such as malaria d. Land disagreements resulting from uneven distribution of land for irrigation. Despite the above project related benefits and negative impacts, the group had the following concerns; a. The irrigation system has to be well constructed to rule out operation failures that can be disastrous to people’s farmlands. b. Whether the irrigation scheme will be free of charge or for paying to access c. Will there be compensation in case some project infrastructure is to be located on individual land? d. How possible will it be for people outside the command area to benefit from the project? e. Future possibility of extending the project to include other areas not considered now. f. Failure to get market their produce. g. Limited knowledge on the use of agrochemicals especially pesticides and fertilizers. 122 h. Hiring unskilled people from outside the project area during construction of project components yet the local residents can do the same kind of work. Date of meeting 7th August 2018 Place of Meeting At Kabuyanda Town Council Offices Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the; Mayor, Ass. Town Clerk, CDO, GISO, Ass. District Engineer, Agricultural Engineer(Town Council) Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting officials for Kabuyanda Town Council as one of the Project beneficiary. 2. Issues discussed The Kabuyanda Town Council Team was asked whether they are aware of the Kabuyanda Irrigation development and Climate resilience project to which they responded positively and indicated they have also informed local communities to embrace the development. What is the land tenure in the district and specifically in Kabuyanda project area? The biggest portion of land is owned privately by individuals and a few people own land under lease hold arrangements. Most of the land that is about 90% for the project development belongs to Government through NFA and is currently planted with Pine forest. The rest of the land belongs to communities. Do you see this irrigation scheme as a feasible one and at that very beneficial ? The irrigation project is of great value in Kabuyanda, people cry of reduced crop yields caused by water scarcity. All you well know, Isingiro was hit by serious drought and suffered a great famine that we had to seek for assistance from Office of Prime minister (OPM) last year2017. Kabunyanda is the district’s food basket but most of the farmers have abandoned the foods they used to grow because of climate change, foods such as sugar cane and greens are no longer available in the region. This irrigation project will restore Kabuyanda’s production potential to meet the high demand. People will be able to cultivate beyond home consumption. The empty coffee stores will be full again. What are the most grown crops? Matoke, Coffee, Irish, Maize, beans and sorghum. Animals Cows (both local and mixed hybrid), pigs, goats, poultry and rabbits What environmental risks will likely result from the implementation of the irrigation scheme? a. Cutting down of trees in areas intended for construction of project components b. Flash floods once the project is operational c. Increased outbreak of diseases especially malaria d. Accidents and injuries during construction Can you share your expectations both on the positive and negative sides? Positive a. Improved road access b. Increased coffee production e c. Extension of power to the site area d. Employment opportunities e. Induced development attracting more investments and factories f. Better standards of living as a result of increased household income Negative effects of the Irrigation project 123 a. Change of land use b. Displacement of people and relocation of roads c. Reduced land for cultivation d. Increased population and migration effects of increased violence, fights and disagreements e. Spread of diseases brought about by the non-native people Are there any areas with unique environmental features or cultural importance ? No. What good practices should be encouraged to ensure safe and smooth implementation and operation of the scheme a. Component of sensitizing the masses about the project b. Educating communities about project benefits c. Establish a central tree nursery bed for catchment protection Consulted proceedings for IDCRP for Kabuyanda site, isingiro district Date of meeting 7th August 2018 Place of Meeting At Isingiro District Head quarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the Ass. CAO, Mr. Gumisiriza Aloysius Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and informed the assistant CAO why he and the other project relevant officials at the district level have to be met. 2. Discussion Mr. Gumisiriza informed the Project Team that they are grateful MWE has considered Kabuyanda which is a significant production contributor to Isingiro district. He informed that team that they are willing to give all the support needed to ensure the project commences. Asked of the challenges they face towards the same projects, he pointed that adequate sensitization of the communities is paramount least the project will be abused. Date of meeting 7th August 2018 Place of Meeting Isingiro Disrict Headquarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the District Agricultural Officer, Mr. Tumwesigye Patrick Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture his concerns and opinion for the irrigation development project. 2. Discussion The DAE notified the team that he participated in the Feasibility study for the Kabuyanda IDCRP. For successful implementation of the project, he said that there is need for in depth mobilization and sensitization at all levels of Village and Sub-county and involvement of all stakeholders. How do you intend to engage and encourage famers to fully participate and own the project since they are the primary beneficiaries? By promoting growing of crops that have not been mostly grown such as horticulture, growing of more vegetables and fruits especially, mangoes, avocado and oranges. Vegetables to be seriously considered include cabbage, Green pepper, carrots, greens and Red pepper (Chilli). In what ways do will this project contribute to agriculture; Land for agriculture is owned by families though on small scale, therefore there has to be maximum output in order to meet family needs; the irrigation project will definitely enhance productivity. Through irrigation, there will be promotion of production of crops not previously grown such as rice and pasture establishment for dairy farming and piggery. 124 Date of meeting 7th August 2018 Place of Meeting Isingiro District Headquarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the DNRO/SEO, Mr. Bwengye Emmanuel and DEO, Mr. Kamoga Abdu Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their views and perspectives of the irrigation development project. 2. Discussion Do you have any weather stations at / within the district, what is the Climate of the area and are there any significant changes in this climate? a. There is a weather station at the district under the management of UNMA. There are two recognized rainy seasons; Feb –May and Sep -Dec with the latter being more reliable. However, lately the Feb- April rainy season was higher than the normal, which explains the high maize yields causing the drastic reduction for maize purchase. On this note, dry spells are longer and life threatening even to livestock. b. Other effects of climate change such as frequent occurrences of earthquakes, invasion of pest especially aphids on Eucalyptus are becoming more common and tend to intensify in hot conditions. What are the environmental risks associated with implementation of the irrigation development project? a. Reduction of land cover/ vegetation especially trees will be cut for site construction b. Improper waste management c. Use of agrochemicals and their subsequent disposal d. Accidents due to over flow and floods e. Reduction in water levels down stream How do we overcome the above risks? a. Undertake Water catchment protection activities such river bank stabilization and reforestation. b. Enrichment planting of trees to enhance underground recharge and flow of water c. The district should gazette an appropriate waste dumping site, a composting plant and a recycling plant. Date of meeting 7th August 2018 Place of Meeting At Kabuyanda Sub-county Head quarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the LCIII Chairman (Mr. Byensi Justus) and his Vice (Mrs. Kedress Ategyereize) Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion They were asked if they knew about the project and to which they said they have heard so much that they are only waiting for it to start. Asked how ready they are, they responded that the sub-county has a lot of undeveloped land unto which the workers’ camps can be constructed. Date of meeting 6th August 2018 Place of Meeting At Kagoto Village Centre Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the residents of Kagoto village, Nyamiyaga, 125 and Kanywamaizi Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion The team leader explained to the residents gathered the detail of the project, its planned components and the target areas. Then they were asked how the project will contribute positively and negatively to their development, more so their livelihood. They raised the following points; Project benefits a. The Irrigation scheme will be the first of the kind in the whole district hence will act as study area for students and a model standard for other farmers b. There will be more production, farmers will not be limited by the two rainy seasons and this will contribute significantly to our standard way of living c. Development of other sectors like factories for coffee and banana processing d. General development of the project region e. Provision of adequate water supply for crops and animals Concerns raised a. Destruction of people’s crops during project implementation b. The dam site has to be fenced off to prevent access by unauthorized persons c. Diseases due to increased surface of stagnant water d. Will the scheme be free of any charges? e. Labour influx into the project area f. Increase in theft cases as a result of development g. Social distractions h. Hiring foreign labour at the expense of local residents i. Decrease in water levels in the catchment j. Accidents resulting from failure of the scheme such as outbursts, pipe blockage, and spillage of water. Consultation record for the Amagoro IDCRP in Tororo District Date of meeting 9th August 2018 Place of Meeting At Magola Sub-County offices Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the LCIII Chairman, Mr. Ogwang Willy Obbo and CDO, Mr. Othieno Jackson Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion What are the most common crops grown? Maize, cassava, beans, millet, rice, peas (both green and cow peas) sorghum, sweet potatoes and soya. What will be the benefits of the irrigation scheme? 1) Farmers will longer be affected by change in weather patterns 2) High productivity of both crops and animals; animals reared include cows, goats, sheep, turkeys and chicken 3) The scheme will be a Centre of collection thus bringing a sense of togetherness and collaboration Date of meeting 9th August 2018 Place of Meeting In Malawa B Village Meeting proceedings recorded by Muheki Mariam 126 Subject of meeting Consultative meeting with the residents of Malawa and Magola, The LCIII chairman and CDO Item Summary of Proceedings 1. Introduction The team leader introduced the team, then explained to the communities the Amagoro Irrigation development and Climate resilience project, the its components and informed them that they are the primary beneficiaries of the irrigation scheme. 2. Discussion They raised a concern of land insecurity arguing that their land is going to be grabbed by the “so called rich” or government in the name of developing it leaving them landless, this concern was adequately addressed by LCIII Chairman Mr. Ogwang Willy Obbo and CDO, Mr. Othieno Jackson. The communities understood the project and presented their need for the project saying they entirely depend on agriculture, which is affected by unpredictable rainfall patterns. They said that the irrigation scheme will enable them grow and produce crops even during the dry seasons hence they will be able to eradicate poverty. They further indicated that the construction of the scheme will grant the employment opportunities thereby uplifting their standard of living. Date of meeting 10th August 2018 Place of Meeting Tororo District Headquarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the CAO, Mr. Balaba Danstern Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion CAO was interested in knowing the following;  The number of target farmers  The command area of the irrigation scheme.  He concluded by emphasizing the need for collaborative measures between MWE and MAAIF Date of meeting 10th August 2018 Place of Meeting Tororo District head quarters Meeting proceedings recorded by Muheki Mariam Subject of meeting Consultative meeting with the District Production Officer, Mr. Okware Patrick Item Summary of Proceedings 1. Introduction The team leader introduced the team, explained the assignment and justified the reason for the meeting to capture their concepts and perspectives of the irrigation development project. 2. Discussion When asked about the project benefits, he said Climate change is real so the scheme will be an intervention to the district. More agricultural produce is expected when the scheme is in place. This in turn calls us to have ready market for the produced foods and animals least they will get spoilt. Are there other irrigation schemes in the district? The only existing small irrigation scheme in Kwapa-Kabosa is no longer functional. He strongly recommended for institution of committees to manage the implementation and operation of the project to ensure its sustainability. 127 Date of the Meeting 17th October 2018 Place of meeting Lamwo District Head quarters Meeting Proceedings Recorded by Muheki Mariam Stakeholder consultative Meeting with the District Forest Officer (DFO); Micheal Subject of the Meeting Obongomin No. Summary of proceedings 1. Introduction After introducing themselves, the consultant team explained to DFO the assignment including the tasks involved of which stakeholder consultations and public disclosure is part. He informed him of the purpose for the meeting and asked for his input in terms of opinions and perspective of the planned Nyimur Irrigation development project. 2. Issues discussed The DFO said that the project has been on paper for quite a long time and is eagerly waiting for its implementation. 1) How would you describe the land use type(s) of the project area? The area is largely utilised for subsistence agriculture and major crops grown are; Simsim, Cotton, maize, cassava, G.nuts, Sweet potatoes, beans and peas in their descending order; main animals kept include; cattle, goats, sheep, poultry and pigs. The surrounding communities also use the project area as a hunting ground for antelopes, edible rats, and warthogs. 2) The planned project is envisaged to increase climate resilience among the communities, have you in any way experienced significant changes in climatic weather patterns? Yes. The timing of this project is right; rainfall is no longer reliable for crop production, which is the major source of livelihood in the area. The local people are aware of these changes in the rainfall seasons and can all agree that the Sim-sim yields for this year have significantly declined due to the longer dryer spells encountered. 3) What is the land tenure system in the project area and Lamwo District at large? The land ownership is entirely customary. Land belongs to clans which are headed by chiefs. Each Clan meets at least annually to allocate to individuals / families plots they can put to use. 4) How should the project be implemented to ensure its success and sustainability? a. The project should constitute a tree planting component along the river banks and around the water source to protect the catchment area. b. Communities should be trained on the best soil and water conservation practices. c. Sensitization programs should be articulated to train farmers on the wise use of the planned multipurpose water resources project. d. Visits to successful demonstration firms should be conducted for learning purposes. e. The system should be designed to modern technology to serve its intended purpose. 128 5) Do you have any similar projects in the district? There is Agoro Irrigation project which is about 70km from the district headquarters though it is experiencing technical issues that prevent water from flowing to peoples gardens. 6) What are the major sources of water for domestic use? a. Rain water harvesting from roof tops; b. Seasonal streams; c. Rivers; d. Springs and e. Boreholes 7) What are your concerns and fears towards this project? And what impacts (both positive and negative) are likely to result from this project development? Concerns/fears a. People especially the local communities should be adequately sensitised about the project since most are quite unreceptive thinking that such projects are rather intended to “grab their land”. All leaders especially the clan heads and cultural leaders should be the first people involved so they can satisfactorily participate and own the project for it to be successful. b. The project area lies in close proximity to South Sudan which is characterised by instability and fights that can sometimes spill over. Anticipated project benefits a. Expected higher crop yields; b. Production of quality crop harvest hence Improved market for the produce to neighbouring countries. c. Labour based technology will avail employment to the local communities. These should be given first priority for especially unskilled jobs. Date of the Meeting 17th October 2018 Place of meeting Lamwo District Head quarters Meeting Proceedings Recorded by Muheki Mariam Subject of the Meeting Courtesy visit to the Assistant CAO, George Kinyera No. Summary of proceedings 1. Introduction The consultant Team through the DFO was introduced to the Assistant CAO. The team leader informed the Ass. CAO that the courtesy Visit was intended to capture his perceptions, views and general recommendations about the planned Nyimur Irrigation development project. 2. Issues discussed Mr. Kinyera informed the consultants that MWE has instituted a Nyimur steering committee at the district level for the oversight function. He further added that the feasibility studies and opening of access roads in Padwat, Ayu Alali and Paracello parishes were done. 129 Sensitization activities were also conducted though more are still needed to help communities understand that the project is not about land take. He was concerned that; a. The design of the Nyimur Multipurpose Water resources project is not yet out. Response from MWE in this regard shows that the design will be ready for display to the communities by the end of October 2018. b. Cultural leaders have special areas in the project area designated for cultural ceremonies of cleansing and ritual performances to protect local communities from evil spell or attack hence such areas should be identified before project implementation. Discussions with Rwots (local chiefs) will determine what needs to be done to such places. He concluded by saying that the project will provide a number of positive impacts such as; employment to the youth especially during the construction phase hence contributing to improved livelihood, and communities can easily access their gardens/ plots of land via the created access roads and bridges. Date of the Meeting 17th October 2018 Place of meeting Lamwo District Head quarters Meeting Proceedings Recorded by Muheki Mariam Consultative meeting with; 1. Ochola Wilfred, District Senior Entomologist, and the Ag/ DPO 2. LumaGo Isaac, District Veterinary Officer Subject of the Meeting 3. Okwera Fred, Assistant Veterinary Officer 4. Amito Peace, Secretary to obtain their views and perspectives of the project. No. Summary of proceedings 1. Introduction The consultant team started the meeting by introducing themselves to the district technical staff who later introduced themselves as well. The consultant Team leader explained to them why it is necessary to capture their perceptions and views about the proposed Nyimur Irrigation development project 2. Issues discussed They recommended the following for the successful implementation and management of the project; a) The feasibility studies were done and several other studies will be undertaken, it is important therefore to keep sharing the result findings of such studies with the district relevant officials. b) The proposed project will change the current status of the district positively by reducing the poverty levels through higher crop yields although; it has to be properly managed by making communities understand its intentions as well since they have different perceptions of foreigners onto their land. 130 c) The project in question is quite long overdue and should be implemented as soon as possible. d) It is the responsibility of the developer to work with the leaders to make people understand the project benefits. e) The project should have an aspect of afforestation. The natural resources in the project area are significantly decreasing due to the upsurge of population numbers in the area following the increased settlements of Sudanese refugees in Ogili for example. More sensitization and training programs should be carried out to educate communities on the best conservation and environmental management practices. f) Proper designs of the scheme should match the topographical set up of the project area and the command area. Taking an example of Agoro irrigation scheme, they said that the scheme is currently inefficient largely because water flow was altered and therefore people no longer receive the water like they used to back then. g) The project will surely boost the district’s production status and as the officers in charge, they will be ready to support by offering any assistance required. Which potential social impacts are most likely as a result of the project? Negative: a) Concentration of different attributes, characters and behaviours in the project area due to the influx of new sets of communities and the related social disorders such as; destabilisation of families, theft, defilement and moral decadence. b) There is a general misconception that government gives massive compensation to owners of land where the project components will be installed, though this can be minimised if the project detail is well explained to the expectant land owners. Positive c) This project will induce development of infrastructure of access road thus improving transport and communication network, hospitals and schools. Are there any places of heritage or cultural importance in the project area? Yes, there is one in Ogili though we can’t recall its name. Date of the Meeting 17th October 2018 Place of meeting Lamwo District Head quarters Meeting Proceedings Recorded by Muheki Mariam Nyimur Irrigation development Project Subject of the Meeting Consultation meeting with Oyat Richard; Vice LC5 Chairman and Vice chairperson for Nyimur Steering committee. No. Summary of proceedings 131 1. Introduction The Consult team leader introduced his team and explained the motive of the meeting considering that he is a key stakeholder for the planned Nyimur Irrigation development project. 2. Issues discussed He clarified that the Nyimur steering committee is a group of 5 selected individual representatives from the 5 parishes that River Nyimur transverses. These are; Santa Aryemo for Paracelli, Onge Enchio for Padwat, Ondongo Alfred for Ayu, Omal Christopher, LCIII Chairman Ogili and himself for the District, he added that they have not received any training yet and are not sure of their specific responsibilities. He advised that for successful implementation of the said project, the following measures must be observed and practised; a) The right channels of government structures must be followed to avoid resistance by the communities. To this note, he informed the consultants that there are three community representatives at parish level elected by the respective communities to be represented. b) The results of the feasibility studies and the project design should be shared with the district to help people understand the project specifications and the exact project area demarcations. c) The project area is inhabited by places of cultural importance of which some rituals for ablution purposes have to be performed before any construction commence. The budget for these activities was submitted to the district offices by the cultural chiefs and elders. Project area land use The project area is comprised of grazing places, settlements most of which are grass thatched, farmlands and hunting grounds for the giant edible rat locally known as “A nyeri”. Land is communally owned and parishes are named after clans. Anticipated project impacts a. Displacement of individuals, families and some communities; b. Change of land use; c. Destruction of trees and rocks; Are there any fears or major concerns that may greatly hinder such a project, if yes how should they be amended? People are too scared of losing their land. This is the biggest fear, they think that the project has no good intensions but is rather a scheme by the Government of Uganda to take that land. Date of the Meeting 18th October 2018 Place of meeting Lamwo District Head quarters 132 Meeting Proceedings Recorded by Muheki Mariam Subject of the Meeting Consultative meeting with the District Planner, Kibwota Paul Muliya. No. Summary of proceedings 1. Introduction The consultant team leader introduced his colleagues to the District planner and then briefed him of the planned project. He explained why such a discussion is important to capture key information that will be helpful in the execution of the project. 2. Issues discussed Mr. Kibwota assured the consultants that he is aware of the project and that several sensitization campaigns have been conducted in the project area because at some level, communities were too insecure thinking that the Government of Uganda was “grabbing” their land instead. Many meetings were held with political leaders, chiefs, and the concerned communities to address this issue by helping them to understand the project background. To rule out any backlashes, he advocated for; a. Continuous sensitisation meetings through an elected community communications officer. b. Constant engagement of communities in the project activities so they can feel a sense of ownership of the project. c. The Government of Uganda should collaborate with the South Sudan government to ensure citizens of the latter live at peace with the project area farmers. d. The district has to work with the local leaders to iron out any differences since the project is intended to benefit communities not individuals. Is this project in line with the district’s physical plan? Lamwo District has no gazetted physical plan yet and the project area has no specific plan either. Are there any anticipated major project benefits? a) Provision of employments to communities. b) Development of infrastructure through opening and rehabilitation of the access roads. c) Local revenue to the district, increased output/ productivity will contribute funds to the district d) The project will induce development of other projects such as roads, electricity, etc. e) Improved community livelihood and food security. f) Once successful, it will be a model demonstration facility. Issues and concerns After the construction of the project, the Government of Uganda should not immediately abandon it to the communities after handover; instead, the Government through MWE should manage it for a time until when communities are fully capacitated to handle it themselves. In reference of Agoro Irrigation scheme, its failure 133 is attributed to the immediate handover to the management of cooperative committees who were not even trained to manage such hence they struggled way too much. Clear terms of reference should be documented stipulating clearly how the scheme should run with the responsible party for each management activities. Date of the Meeting 18th October 2018 Place of meeting Lamwo District Head quarters Meeting Proceedings Recorded by Muheki Mariam Subject of the Meeting Consultative meeting with the District Water Officer, Grace Acayo No. Summary of proceedings 1. Introduction After brief introductions by the consultants, the Team leader explained why stakeholder consultations have to be conducted to take into account relevant stakeholders concerns and opinions for adequate redress to ensure smooth project construction and operation. 2. Issues discussed The project development project designs should consider; a) The aspect of climate change; the road networks to the project area should be reasonably wide and tarmac. b) The project design should be to modern technology with provisions of preventing water losses through evaporation. c) Catchment protection since the Nyimur catchment area is being degraded. Massive tree cutting for charcoal, timber and logs is a common practice in the area. Date of the Meeting 18th October 2018 Place of meeting Palabek Ogili sub- County Head quarters Meeting Proceedings Recorded by Muheki Mariam Consultation meeting with the Sub-county authorities, Community leaders, Subject of the Meeting councillors and chiefs. No. Summary of proceedings 1. Introduction The meeting begun with an opening prayer led by Lamwaka Grace followed by introduction of both teams. The consultants then informed the sub-county officials present of the assignment they are undertaking on behalf of MWE, and why their views about the Nyimur Irrigation development project should be incorporated in the report. The Sub-county leaders indicated that they were willing to give all the information necessary in regard to the project to ensure its commencement and sustainability. 134 2. Issues discussed The sub-county leaders informed the consultant team that the project area covers 2 parishes of Paracelle and Padwat though the exact extent of the project is not known yet as they are waiting for the project designs from MWE. They said that they have not only heard about the project but have fully participated in the previous sensitisation meeting and look forward to the implementation of the project. However, they advised that the relevant procedures have to be followed to reach out to the communities since there is serious tension among the project area communities. They are aware of the project but need total involvement in all the project phases. On this note, they added that it’s of significant importance to have all the project relevant documents on their file at the sub-county. Concerns a) During the project construction, it is anticipated that there will be reasonable influx of outsiders invading the project area who will definitely attract their girls and women because they are perceived to have more money hence increased school drop outs, tension, family separation, domestic violence, etc. To avert this, they suggested holistic community sensitisation about these social aspects of the project as the only remedy. b) There will be land disputes following land allocation disagreements. c) Compensation fears; they are worried that Government may fail to compensate owners for the land taken fully. They recommended the following measured to be undertaken for the even progress of the project. a) Construction works should be standard, shoddy works avoided and qualified contractors hired for the technical works. b) The project designs should be shared with all the relevant stakeholders before project implementation. c) Local communities need to be involved in the project phases and priority should be given to them during recruitment of casual labour. Date of the Meeting 19th October 2018 Place of meeting Mudu Central Trading Centre Meeting Proceedings Recorded by Muheki Mariam Stakeholder consultation meeting with the representative communities of Paracelle Parish as part of the project area. The list of members for the meeting is Subject of the Meeting appended in Annex…. With their names, contact information and respective villages of residence. No. Summary of proceedings 135 1. Introduction The meeting started after adoption of the following Agenda; 1) Opening prayer 2) Introductions 3) Chairman LCIII brief about the meeting purpose 4) Main discussion 5) Meeting Closure The opening prayer was led by the Head teacher of Paracelle Primary School. Introductions followed with the area leaders introducing themselves first and then the consultant team who further explained to detail the purpose of meeting the communities where the project will be located considering that, besides being the primary project beneficiaries, they understand their area better than anyone else. The main discussion progressed as an interaction between the consultants and the communities, interpreters were engaged to help all parties gain a clearer understanding of the proceedings. The meeting then ended harmoniously. 2. Main Discussion First and foremost, the communities expressed a concern of not being involved in the project. They requested that they should be informed of the progress of the project at each level. 1) What major crops you grow in the project area? In their descending order; Simsim, Cassava, Citrus, G.nuts, Beans, Maize, Sorghum, Peas and Sweet potatoes. Animals Cattle, goats, poultry, sheep and pigs 2) Have you experienced any extreme changes in weather patterns? Of late, we experience longer and drier spells, the rainy seasons have also changed. For example, the rains are just starting in mid-October yet around the same time in the previous years, the rains would be substantial. There are more pests and disease compared to the past hence application of agrochemicals is now a requirement. 3) Are there any places of cultural importance known to you in the project area? Yes, there are approximately 35 places of cultural significance, these include among others; Wadodo ancestral worship, Gem Cave where the drums for cultural celerations are kept, Wadol- the residence of the Chief, Akoluu shrines and Nyedo nyedo, a hill believed to have granted them life. 4) What is your main source of water for domestic use and what is the longest distance one can move to fetch water? Boreholes and Nyimur river. The longest water source is averagely 10km. 5) What potential impacts do you anticipate as a result of implementing the Nyimur Irrigation Scheme project? 136 Positive impacts: a. Job creation; b. Modernised farming; c. Improved transportation through the created access roads; d. Socialisation and acquisition of new skills; e. Infrastructure development, (roads and bridges) f. All year round crop farming; and g. Quality yields hence ready market for the crops grown. Concerns and anticipated negative effects: a. The communities are not aware of the exact project location area; b. There is fear the project is meant to gain full control and ownership of their land; c. How will the ancestral sites located in the project area be dealt with? d. The communities were concerned that no Memorandum of Understanding (MoU) has been signed yet the project seems to have started already; e. Local people should be given first priority for employment of unskilled labour; f. Farmers may be displaced to far off places hence loss of fertile land and identity; g. Land wrangles will rise as the project kicks off with individuals or families claiming more than they actually have or fighting for what does not belong to them, however trusted leaders should be prepared to solve such; h. Following the previous similar projects, project workers especially men from outside the community tend lure and elope with their girls hence should have a mechanism of reporting and handling such incidences. The communities too have to be massively educated through reproductive health programs in order to avoid transmission of STDs and HIV/AIDS; and i. Increased population in the area will trigger pressure on the natural resources such as land resulting into informal settlements, poor hygienic / sanitary conditions, spread of diseases and increased violence. Date of the Meeting 19th October 2018 Place of meeting Padwat Market grounds,Padwat A central Meeting Proceedings Recorded by Muheki Mariam Stakeholder consultation meeting with the representative communities of Padwat Parish as part of the project area. The list of members for the meeting is appended Subject of the Meeting in Annex 7 With their names, contact information and respective villages of residence. No. Summary of proceedings 1. Introduction The meeting started after adoption of the following Agenda; 1) Opening prayer. 2) LC1 (Onek Richard) Welcome Note. 3) Brief from LCII, LCV Councillor and Chairman LCIII about the purpose of the meeting. 4) Communication from the consultant team. 5) People’s reactions and responses. 137 6) Meeting Closure. The opening prayer was led by one of the members; Akongo Mary.  However, meeting seemed to generate only negative sentiments from the community, as many members registered their fears and concerns about the potential land take.  To many members, given the size of land that will be acquired, resettlement will leave them with few places options of where to resettle.  The community also indicated that they have representatives on the steering committee whose role should be formalised and roles become clearly defined.  All previous studies should be communicated with the committee to ensure that information flows down to the community. 138 15.7 ANNEX 7:COPIES OF ATTENDANCE LISTS DURING CONSULTATIONS 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156