Republic of Uganda Ministry of Energy and Mineral Development Rural Electrification Agency ELECTRICITY ACCESS SCALE-UP PROJECT (EASP) RESETTLEMENT POLICY FRAMEWORK (RPF) APRIL 20, 2020 i ii TABLE OF CONTENTS TABLE OF CONTENTS .....................................................................................................................................iii ABBREVIATIONS AND ACRONYMS ................................................................................................................. vii DEFINITIONS ................................................................................................................................................... ix EXECUTIVE SUMMARY .................................................................................................................................... xi 1.1 Background ........................................................................................................................................................1 1.2 Energy sector overview ........................................................................................................................................1 1.2.1 Energy Sector in Uganda .............................................................................................................................1 1.2.2 Energy Policy objectives ..............................................................................................................................1 1.2.3 Rural Electrification in Uganda .....................................................................................................................1 1.2.4 The Country Electrification Strategy ..............................................................................................................2 1.2.5 Implementation of the Rural Electrification Programme ...................................................................................2 1.3 Description of the Electricity Access Scale Up project..............................................................................................2 1.4 Project Objectives ................................................................................................................................................3 1.5 Project Components ............................................................................................. Error! Bookmark not defined. 1.5.1 Component 1: Grid Expansion and Connectivity .............................................. Error! Bookmark not defined. 1.5.2 Component 2: Financial Intermediation for Energy Access Scale-up ................. Error! Bookmark not defined. 1.5.3 Component 3: Energy Access in Refugee Host Communities ........................... Error! Bookmark not defined. 1.5.4 Component 4: Project Implementation Support and Affordable Modern Energy Solutions ... Error! Bookmark not defined. 1.5.5 Component 5: Contingent Emergency Response ............................................ Error! Bookmark not defined. 1.6 Project Funding ...................................................................................................................................................5 1.7 The Need for this Resettlement Policy Framework for Scale-Up Project ....................................................................5 1.8 Objectives of the Resettlement Policy Framework ...................................................................................................6 1.9 Scope of RPF ......................................................................................................................................................6 1.10 RPF Methodology and Approach ......................................................................................................................7 1.10.1 Desk Review ..............................................................................................................................................7 1.10.2 Key Stakeholder Interviews (KIs) ..................................................................................................................7 1.10.3 Lessons learnt from previous resettlement process under ERT II and III ...........................................................7 2 SOCIAL-ECONOMIC BASELINE INFORMATION OF THE SCALE-UP PROJECT AREAS............................... 9 2.1 Social-Economic background ................................................................................................................................9 2.1.1 Population ..................................................................................................................................................9 2.1.2 Employment ...............................................................................................................................................9 2.1.3 Electricity access ........................................................................................................................................9 2.1.4 Energy usage in rural areas .........................................................................................................................9 2.1.5 Energy for Lighting ....................................................................................................................................10 2.1.6 Energy for Cooking ...................................................................................................................................10 2.1.7 Ownership of Houses ................................................................................................................................10 2.1.8 Distribution of Households by type of dwelling unit and residence ..................................................................10 2.1.9 Availability of a Kitchen ..............................................................................................................................10 2.1.10 Availability of a Bathroom ..........................................................................................................................10 2.1.11 Drinking water ..........................................................................................................................................10 2.1.12 Occupancy tenure .....................................................................................................................................11 2.1.13 Household livelihood .................................................................................................................................11 2.1.14 Bank Accounts .........................................................................................................................................11 2.1.15 Refugee status .........................................................................................................................................11 3 LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORK ............................................................................. 12 3.1 Ugandan Laws ..................................................................................................................................................12 3.1.1 The Uganda Constitution (1995) .................................................................................................................12 3.1.2 The Land Act, Cap 227 (1998) ...................................................................................................................12 3.1.3 Land Acquisition Act (1965) .......................................................................................................................13 3.1.4 The Land Act, 1998 ...................................................................................................................................13 3.1.5 The Land Regulations, 2004 ......................................................................................................................14 iii 3.1.6 The Land (Amendment) Act, 2010 ..............................................................................................................14 3.1.7 The Electricity Act, 1999 ............................................................................................................................15 3.1.8 The Local Government Act (1997) ..............................................................................................................15 3.2 Policy Framework ..............................................................................................................................................16 3.2.1 Rural Electrification Strategy and Plan (RESP) 2013-2022 Program Implementing Policies and Structures ........16 3.2.2 The Uganda National Land Policy 2013.......................................................................................................16 3.2.3 The National Gender Policy, 1997 ..............................................................................................................17 3.2.4 The National HIV/AIDS Policy, 2004 ...........................................................................................................17 3.3 Institutional Framework for the Sector ..................................................................................................................17 3.3.1 Electricity Regulatory Authority ...................................................................................................................18 3.3.2 Rural Electrification Fund and the Board .....................................................................................................18 3.3.3 The Rural Electrification Agency, REA ........................................................................................................18 3.4 World Bank Environment and Social Standards ....................................................................................................18 3.4.1 Comparison between Land Law in Uganda and World Bank ESS 5 ...............................................................20 4 INSTITUTIONAL CAPACITY ASSESSMENT FOR IMPLEMENTATION OF THE PREPARED RPF AND RAPS 30 4.1 Minister of Energy and Mineral Development ........................................................................................................30 4.2 Rural Electrification Fund and the Board ..............................................................................................................30 4.2.1 The Rural Electrification Agency and the Executive Director REA ..................................................................30 4.3 Ministry of Finance, Planning & Economic Development ........................................................................................31 4.4 Ministry of Gender, Labour and Social Development .............................................................................................31 4.5 Ministry of Local Government..............................................................................................................................31 4.6 Ministry of Health ...............................................................................................................................................31 4.7 Ministry of Education & Sports ............................................................................................................................31 4.8 Ministry of Water, Lands & Environment...............................................................................................................31 4.9 Ministry of Works, Housing & Communications, National Forestry Authority (NFA) and Uganda Wildlife Authority (UWA). 32 4.10 Electricity Regulatory Authority .......................................................................................................................32 4.11 The Uganda Energy Credit Capitalization Company..........................................................................................32 4.12 Private Sector Foundation Uganda-PSFU ........................................................................................................32 4.13 Office of Chief Government Valuer ..................................................................................................................32 4.14 Local Government Administration Structures ....................................................................................................32 4.14.1 District Community Development Officers ....................................................................................................32 4.14.2 The Contractors ........................................................................................................................................33 4.14.3 Private Sector ...........................................................................................................................................33 4.15 World Bank ...................................................................................................... Error! Bookmark not defined. 4.16 Capacity Assessment Needs ..........................................................................................................................33 5 LAND ASSET CLASSIFICATION, VALUATION AND COMPENSATION ....................................................... 35 5.1 Valuation for State Owned Land ..........................................................................................................................35 5.2 Valuation for Customary Land ................................................................................ Error! Bookmark not defined. 5.3 Calculation of Compensation at Full Replacement Cost .........................................................................................35 5.3.1 Compensation for Land ................................................................................ Error! Bookmark not defined. 5.3.2 Determination of Crop Compensation Rates ................................................................................................35 5.3.3 Compensation for Cultural Assets including Graves......................................................................................35 6 LAND ADMINISTRATION AND CATEGORIES OF AFFECTED PERSONS .................................................. 37 6.1 Jurisdiction of the Framework .............................................................................................................................37 6.1.1 Land Acquisitions, Title, Transfer and Term of Ownership .............................................................................37 6.2 Land Acquisition Mechanism for Scale-Up project .................................................... Error! Bookmark not defined. 6.2.1 Critical Issues .............................................................................................. Error! Bookmark not defined. 6.2.2 Involuntary Acquisition of Land ...................................................................... Error! Bookmark not defined. 6.3 Categories of Project Affected People (PAPs) ......................................................................................................37 6.3.1 Affected Households .................................................................................................................................38 6.3.2 Vulnerable Households .............................................................................................................................38 6.3.3 Elderly .....................................................................................................................................................38 6.3.4 Women ....................................................................................................................................................38 6.3.5 Children and Child-headed Households ......................................................................................................38 6.3.6 Customary Land Users without a Formal Title ................................................. 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Bookmark not defined. 7 SUB-PROJECT SCREENING, LAND ACQUISITION AND RESETTLEMENT ................................................ 40 iv 7.1 Project Screening ..............................................................................................................................................40 7.2 Preparation of Resettlement Action Plans ............................................................................................................40 7.2.1 Resettlement Action Plan ...........................................................................................................................41 7.2.2 Physical Cultural Resources Management Plan ...........................................................................................42 8 STAKEHOLDER CONSULTATION AND DISCLOSURE PLAN .................................................................... 43 8.1 Key Issues ........................................................................................................................................................43 8.2 Consultation Phases ..........................................................................................................................................44 8.2.1 Data collecting phase ................................................................................................................................44 8.2.2 Implementation phase ...............................................................................................................................44 8.2.3 Community involvement and sensitization ...................................................................................................44 8.2.4 Monitoring and evaluation phase ................................................................................................................44 8.2.5 Notification Procedure ...............................................................................................................................45 8.2.6 Documentation .........................................................................................................................................45 8.2.7 Contract Agreement ..................................................................................................................................45 9 ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES .................................................................. 46 9.1 World Bank Criteria for Determining Eligibility for Compensation ............................................................................46 9.2 Consideration under the Project ..........................................................................................................................46 9.3 Cut-off date .......................................................................................................................................................46 9.4 Eligibility Criteria for Compensation .....................................................................................................................47 9.5 Women, Children and other Vulnerable Groups ....................................................................................................49 9.6 Displacement of People ........................................................................................ Error! Bookmark not defined. 10 ENTITLEMENTS AND VALUATION METHODS ........................................ Error! Bookmark not defined. 10.1 Extent of Compensation by Law......................................................................... Error! Bookmark not defined. 10.2 Specific Compensation Components ...............................................................................................................49 10.3 Key Valuation Methods ..................................................................................................................................50 11 PROCEDURE FOR DELIVERY OF COMPENSATION ........................................................................... 51 11.1 Consultation and Public Participation ..............................................................................................................51 11.2 Notification of Land Resource Holders .............................................................................................................51 11.3 Documentation of Holdings and Assets ...........................................................................................................51 11.4 Procedures for Payment of Compensation .......................................................................................................51 11.5 Role of Office of Chief Government Valuer ......................................................................................................51 12 MANAGEMENT AND MONITORING OF RPF IMPLEMENTATION ......................................................... 52 12.1 Setup of Resettlement Management Teams.....................................................................................................52 12.2 Implementation of the RAP on the Ground .......................................................................................................52 13 GRIEVANCE REDRESS MECHANISM ................................................................................................ 53 13.1 Grievance Prevention ....................................................................................................................................53 13.1.1 Provide sufficient and timely information to communities. ..............................................................................53 13.1.2 Conduct meaningful community consultations. .............................................................................................53 13.1.3 Build capacity for project staff, particularly community facilitators and other field‐level staff or Contractors .........54 13.2 Mechanism under Scale - Up..........................................................................................................................54 13.3 Steps of the grievance process are described below. ........................................................................................55 14 Monitoring of the RPF ......................................................................................................................... 58 14.1 Purpose .......................................................................................................................................................58 14.2 Objectives and Scope ....................................................................................................................................58 14.3 Overall Mechanism ........................................................................................................................................58 14.4 Internal Monitoring and Evaluation ..................................................................................................................59 14.5 Monitoring and Evaluation Indicators ...............................................................................................................60 14.6 Indicators .....................................................................................................................................................60 14.6.1 Indicators to determine status of affected people ..........................................................................................61 14.6.2 Monitoring Tools .......................................................................................................................................61 14.6.3 RAP Implementation Evaluation and Audit...................................................................................................61 14.6.4 Reporting .................................................................................................................................................61 14.6.5 Annual Reviews ........................................................................................................................................61 14.6.6 Disclosure ................................................................................................................................................61 15 RPF BUDGET AND FUNDING ............................................................................................................ 63 15.1 Budget to Implement RPF ..............................................................................................................................63 15.2 Estimates and Funding Sources .....................................................................................................................63 v 16 CONCLUSION AND ACTION POINTS ................................................................................................. 65 16.1 Summary and Conclusions.............................................................................................................................65 SECTION 3: ANNEXES ................................................................................................................................... 66 ANNEX 1: World Bank Resettlement Policy Framework (RPF) ............................................................................. 66 ANNEX 2: OUTLINE FOR PREPARING A RESETTLEMENT PLAN (RAP) ........................................................... 67 ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM ............................................................................. 72 ANNEX 4: TEMPLATE OF GRIEVANCE LOG OF VILLAGE LEVEL GRC ............................................................. 74 ANNEX 5: RELEVANT LOCAL LEGISLATION AND GUIDELINES ....................................................................... 76 ANNEX 6: DETAILS OF THE DISCUSSIONS AND KEY ISSUES RAISED DURING STAKEHOLDER CONSULTATIONS ...................................................................................................................................................................... 82 ANNEX 7: LIST OF STAKEHOLDERS CONSULTED ........................................................................................ 100 APPENDIX 8: ATTENDANCE LISTS FOR NATIONAL STAKEHOLDERS CONSULTED DURING THE DEVELOPMENT OF THE RPF ............................................................................................................................................................. 107 vi ABBREVIATIONS AND ACRONYMS APL - Adaptable Programme Loan ARAP - Abbreviated Resettlement Action Plan BoU - Bank of Uganda CAO- Chief Administrative Officer CBOs- Community Based Organisations CDMs- Clean Development Mechanisms CGV- Chief Government Valuer CICs- Community Information Centers CSF- Credit Support Facility DLB- District Land Boards DLTs- District Land Tribunals DPs Displaced Persons ESIA- Environmental and Social Impact Assessments ESMF- Environment and Social Management Framework GDP- Gross Domestic Product GEF- Global Environment Facility GO- Grievance Officer GoU- Government of Uganda GRC- Grievance Redress Committee GRM- Grievance Redress Mechanism HIV/AIDS- Human Immuno Virus/Acquired Immuno Deficiency Syndrome ICT- Information and Communication Technology IDA- International Development Agency IMU- Independent Monitoring Unit IREMP- Indicative Rural Electrification Master Plan LDCs- Licensed Distribution Companies LDCs- Local District Councils LGA- Local Government Act LGIs- Local Government Institutions (LGIs). LGRC- Local Grievance Redress Committee LGs- Local Governments MAAIF- Ministry of Agriculture, Animal Industry and Fisheries MEMD- Ministry of Energy and Mineral Development MoES- Ministry of Education and Sports MoFPED- Ministry of Finance, Planning and Economic Development MoH- Ministry of Health MoLG- Ministry of Local Government MoWE- Ministry of Water and Environment NDP- National Development Plan NFA - National Forestry Authority NGOs- Non- Government Organisations PAPs- Project Affected Persons PCDP- Public Consultation and Disclosure Plan PIM- Project Implementation Manual PLC- Parish Land Committees PSFU- Private Sector Foundation Uganda PVTMA- PV Targeted Market Approach RAP- Resettlement Action Plan REA- Rural Electrification Agency vii REB- Rural Electrification Board REF- Rural Electrification Fund RESP- Rural Electrification Strategy and Plan for the period RPF - Resettlement Policy Framework LRP- Livelihood Restoration Plan SE4ALL Sustainable Energy for All SHS- Solar Home Systems SMEs- Small Micro Enterprises STEI- Science, Technology, Engineering and Innovation STs- Service Territories UAREP- Uganda Accelerated Rural Electrification Project UCC- Uganda Communications Commission UECCC- Uganda Electricity Credit Capitalisation Company ULC- Uganda Land Commission USE- Universal Secondary Education UWA- Uganda Wildlife Authority VPCs- Village Peace Committees viii DEFINITIONS 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) as a result 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 loss of land and/or other assets as a result of the SCALE – UP project. 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 project activities. “Cut-off date” is the date of commencement of the census of PAPs or DPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for 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, 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 the 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. ix “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 EASP project. “Land acquisition” means the repossession of or alienation of land, buildings or other assets thereon for purposes of the project. “Rehabilitation Assistance” means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels. “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. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legal binding requirements to resettle and compensate the affected party before implementation of the EASP 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 program 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 labour 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. “The Resettlement Policy Framework (RPF) has been prepared as an instrument to be used throughout the 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 Plans (“RAPs”) for the Scale-Up project will be prepared in conformity with the provisions of this RPF. x EXECUTIVE SUMMARY Background The Government of Uganda plans to acquire credit from the World Bank towards the implementation of the Electricity Access Scale-Up Project (EASP). The proposed project will support the country’s efforts to scale up access to electricity for households including for refugee and host communities, industrial parks and commercial enterprises, health and education facilities, as enshrined in Uganda’s Vision 2040 and other policy documents. The project will build on earlier engagements in the Energy and Minerals sector to directly support the expansion and strengthening of the electricity network, and scale-up of service connections in areas within the network reach, as well as increase access to off-grid electricity and clean cooking services in areas outside the network footprint and in refugee settlements and their host communities. The project is fully aligned with the priority areas identified in the World Bank Group’s Country Partnership Framework (CPF, 2016-2021), which emphasizes support for sustained high rates of growth, socio- economic transformation and inclusion, and reduction of poverty and vulnerability to shocks. Increased clean energy access in Uganda will directly support the thematic objectives identified under the strategic Focus Area C (‘Boosting Inclusive Growth in Urban Areas’), which call for improving the business environment and access to urban services. The provision of electricity for productive uses will accelerate urbanization and improve living standards in urban areas, while stimulating employment and creating sustainable utilities in the power distribution sector. The project will also contribute to thematic objectives identified under strategic Focus Area B (‘Raising Incomes in Rural Areas’), especially on reducing regional inequalities through interventions supporting income-generating activities. The proposed EASP contributes to the NDP-III and Vision 2040’s goal of increasing clean energy access in Uganda to spur socio-economic transformation. It will lay the foundation for enhancing the ability of poor and vulnerable rural communities to participate in income generating activities and hence contribute to poverty reduction and shared prosperity, indirectly through its contribution to economic growth, and directly by enriching the lives of the beneficiaries of such services through increased household income and employment, higher profits for commercial firms, etc. The project will also support the cross-cutting issues such as ‘gender and climate change’, through low-emission solar home systems and clean cooking solutions in rural areas, which are expected to lead to better education, health and public security, especially for women and children. The EASP project is to be implemented mainly by three Government Institutions: Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA), and Uganda Energy Credit Capitalization Company (UECCC). The Project aims to increase electricity access to households, commercial, industrial users, public institutions in the rural areas, refugee settlements, peri-urban and urban areas, through on-grid and off-grid solutions. It will also increase access to clean energy-cooking services by supporting private sector enterprises promoting efficient and clean cooking solutions. Project Beneficiaries The EASP beneficiaries will include: • Domestic households, and commercial and industrial enterprises that will benefit from the rapid scale-up of electricity connections. • Public institutions, specifically schools and health centres. • Energy entrepreneurs involved in the promotion of solar energy and clean cooking alternatives. • Financial institutions that will receive funds from the project for onward lending to renewable energy businesses. xi • Refugees and the associated host communities. • Personnel from project implementation institutions. Purpose of the RPF The purpose of the resettlement framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects or project components to be prepared during project implementation. Once the subproject or individual project components are defined and the necessary information becomes available, such a framework will be expanded into a specific plan proportionate to potential risks and impacts. Project activities that will cause physical and/or economic displacement will not commence until such specific plans have been finalized and approved by the Bank. Therefore, this Resettlement Policy Framework (RPF) will guide the management of social issues associated with infrastructure investments financed under Scale-Up, and guide the preparation of Resettlement Action Plans, whenever there’s impact on land for the project arises, to ensure that the resettlement aspects of the project are adequately understood and addressed. Special attention during the development of the RAPs should be paid to the current national social-economic dynamics, World Bank Environment and Social Standard ESS 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement; The activities of the project may lead to denial of, restriction to or loss of access to economic assets and resources and as a result there is need for resettlement planning and implementation. However, precise location of (sub) project activities and the need for compensation is not known at this stage. This RPF seeks to ensure that any possible adverse impacts of proposed project activities to people’s livelihoods are minimized and addressed through appropriate mitigation measures, in particular, against potential impoverishment risks. These risks can be minimized by: • Avoiding displacement of people as much as possible; • In the event that displacement is inevitable, having a well-designed compensation and relocation process in place; • Compensating in a timely manner for losses to be incurred and displaced incomes and livelihoods; and ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs and their well-being and restore livelihoods. • Establish social offsets for what the communities will lose as a result of the project. Methodology for EASP Preparation A literature review was undertaken to provide background information as well as an overview of the policy, legal and institutional framework for the Scale-Up project. Documents reviewed included: The Uganda Constitution; Rural Electrification Strategy and Plan (RESP) for the period 2013-2022: The Power Sector Restructuring and Privatization Strategy 1999; The Electricity Act 1999; The Energy Policy 2002 and The Renewable Energy Policy 2007. National Stakeholder engagements were held with various Government Institutions as detailed further in the chapter on stakeholder engagement. Legal Framework There are a number of national and local legal frameworks that regulate land relations in Uganda. These frameworks define land rights, ownership, procedures and requirements of transfer and acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or a public body for public projects. Among the most important legal instruments in this regard are The Constitution of the Republic of Uganda (1995), The Land Act (1998), The Land Regulations, (2004) The xii Local Government Act (1992), and The Land Acquisition Act (1965), The Electricity Act (1999), The National Land Policy, 2013 and the National Gender Policy, 1997 The World Bank’s Environment and Social Standard on involuntary resettlement, ESS 5 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. In comparison to Ugandan law that defines rights to land ownership and ownership of property per se, the World Bank’s ESS 5 goes further to highlight the important relationship between property rights, human settlement and the need to maintain people’s source of livelihood. It complements existing law in Uganda related to property rights and land ownership by recognizing the socio economic value this presents to persons affected. The higher of the two standards will be followed in this policy framework, since that procedure also satisfies the requirements of the lesser standard. Categories of Projects Affected People The number of persons who may be affected and displaced during implementation of the project activities cannot yet be accurately estimated. However, a household is affected if one or more of its members are affected by the project activities either in the form of loss of property or access to services or socio- economic resources. Potential Impacts The Scale-Up project’s activities will have effects on the loss of property (crops and trees). No permanent land take is expected. Mitigation measures Provisions are made under this RPF to minimize all such impacts including those of socio-economic significance. Provisions are also made in this RPF to accommodate all potential situations, including cases that entail actual displacement and livelihood restoration assistance in accordance with the World Bank ESS5. The potential social impacts to be addressed within the context of preparing Resettlement Action Plans have been identified in this RPF. The RPF also gives guidelines to undertake site-specific social assessment studies as part of the preparation of each RAP. This RPF establishes the principles for compensation/ resettlement that applies to the Scale-Up project, including: (1) institutional arrangements, (2) resettlement/ compensation eligibility criteria, (3) implementation procedures, (4) financial responsibilities, and (5) monitoring and evaluation plan. This RPF will be applied taking into account the need to include the marginalised and vulnerable groups as identified through social assessment. Eligibility for compensation Determination of the eligibility of the PAPs to be compensated shall be done through a transparent and legal process, taking into consideration all the existing laws of Uganda and the World Bank’s ESS5 and local customs, aiming at restoring the lives and livelihoods or making them equal or better than before the project impacts. In case of discrepancy between these various standards, the one most advantageous to the PAPs shall be applied. As soon as the location of a subproject has been determined, a land survey demarcating the required project land will be undertaken after which the identification of project affected persons (census) will be undertaken. Compensation at full replacement cost for assets such as buildings, and market prices for crops and trees will be paid only to those persons, who: • Are identified prior to the cut-off date: • have formal legal rights or a valid claim to the land in case of compensation for land; or xiii • have property (a house, crops or business enterprise) situated in the area identified for development. Project Screening and Preparation Subprojects Screening Sub-projects might have a social impact on the community. Potential socio-economic impacts that will require mitigation measures, resettlement and compensation will have to be identified. The subprojects will be screened by the project implementing agencies to know whether involuntary resettlement, or loss, denial or restriction of access to land and other economic resources will be caused by the implementation of the sub-project or whether the sub-project result in the permanent or temporary loss of crops, fruits and household infrastructures such as granaries, outside toilets, kitchens, and other structures. Whenever it has been determined that involuntary land acquisition (whether temporary or permanent) is needed for the project, a RAP shall be prepared. Preparation of RAPs Subproject specific Resettlement Action Plans (RAP) will be developed and implemented by a RAP consultant in consultation with REA’s Environment and Social Safeguards Unit and the Wayleaves Unit responsible for compensation and other parties responsible for resettlement specifying the procedures it will follow and the actions it will take to properly resettle and compensate affected people and communities. The completed RAP reports will be submitted to REA for review and onward submission to the World Bank for further review and approval prior to their implementation. Roles and Responsibilities The implementation activities will be under the overall guidance of the REA with support from line ministries (MEMD and MoFPED) and lead agencies such as the office of the Chief Government Valuer which approves compensation rates. The respective District Local Governments through their District Land Boards that provide the compensation rates for crops and trees will also participate in some resettlement activities like relocation and verifying PAPs during the compensation exercise for subprojects together with the Scale-Up Project Coordination unit at REA. Capacity of REA to Monitor RAP implementation REA has a Wayleaves Unit whose main mandate is to acquire wayleaves for the power lines through preparation and implementation of RAPs. The Unit is housed under the Department of Legal and Board Services and comprises of a Manager Legal and Board Affairs and Senior Wayleaves Officer, and Wayleaves Officers. REA has two Senior Social Development Officers to oversee and monitor the RAP preparation; and implementation compliance of the social requirements as per the RPF and the subproject RAPs. In addition, REA will hire one more Senior Social Development Officer and one Wayleaves Officer dedicated to the project since the project will be implemented countrywide. Both the wayleaves and the Safeguards officers will be given refresher training on the ESS to boost their capacity to ably handle the new project since it will be the first project implemented under the new framework. Monitoring aspects The monitoring and evaluation will be the main mechanism to alert the Scale-Up [PCU in Ministry of Energy and Mineral Development] of any delays and problems and these activities will help measure the extent to which the main objectives of the RPF, and any resettlement plans (RAPs) prepared in line with this RPF, have been achieved. To ensure that the preparation of resettlement plans and subsequent implementation xiv of resettlement is executed in line with this RPF, all resettlement activities will be monitored and evaluated internally in REA by a Project Implementation Unit. The PCU will undertake the routine internal monitoring and evaluation of the implementation of this RRF and subsequent RAPs so as to ensure that all the responsible units follow the schedule and comply with the principles of the applicable resettlement plan (RAP). A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. Budget and Funding At this stage, it is not possible to estimate the likely number of people who may be affected. The budget will be developed for each RAP from the specific social assessment studies and censuses to be undertaken, and mitigation/livelihood restoration measures to be provided, in accordance with this RPF. The budget will cover resettlement activities including compensation cost for affected assets. GoU has committed USD. 5,110,000 to cater for the RPF implementation. Disclosure of RPF This RPF will be disclosed in compliance with relevant Ugandan regulations and The World Bank Environment and Social Standard 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. The documents will be disclosed on the World Bank external website , District Offices, various sub county offices and the REA website. It will also be available to any interested persons through the media in Uganda. xv 1.1 Background Uganda Vision 2040 provides development paths and strategies to operationalize Uganda’s Vision statement which is “A Transformed Ugandan Society from a Peasant to a Modern an d Prosperous Country within 30 years” as approved by Cabinet in 2007. It aims at transforming Uganda from a predominantly peasant and low-income country to a competitive upper middle income country. However, currently Uganda’s development is constrained by a number of factors including low competitiveness i.e. the ability to produce goods and services that can be favourably traded on the global market which positions a country at an advantage towards attracting investments. Low industrialization and value addition; Uganda’s Gross Domestic Product (GDP) is still largely dominated by primary products. This has led to unfavourable balance of payment, skills transfer, low levels of employment and high poverty levels. 1.2 Energy sector overview 1.2.1 Energy Sector in Uganda The Energy Sub-sector’s mandate is “to establish, promote the development, strategically manage and safeguard the rational and sustainable exploitation and utilization of energy and mineral resources for social and economic development”. The main policy goal in the energy sector which is guided by The Energy Policy of Uganda (2002) is “to meet the energy needs of the Ugandan populat ion for social and economic development in an environmentally sustainable manner” and a Renewable Energy Policy (2007) whose overall Policy Goal is “to increase the use of renewable energy so that its proportion (excludin g biomass) represents up to 7.5% of the total energy consumption by the year 2016”. The Ministry of Energy and mineral Development (MEMD) is the Government lead agency responsible for the management and development of the energy sector through coordinated national policy formulation, implementation and monitoring. The mission of the Ministry is to create conditions for the provision of safe, reliable, efficient, cost effective and environmentally appropriate energy services to all sectors on a sustainable basis and thereby contribute to the economic growth of the country. 1.2.2 Energy Policy objectives Overall Objective To ensure sustainable development and utilization of energy resources, services and products by all Ugandans towards transformation of the national economy. Specific Objectives The specific objectives are to: 1. Increase access to reliable, affordable and modern energy services; 2. Manage environmental impacts of energy exploitation and consumption 3. Improve the security and reliability of energy supply; 4. Promote efficiency and conservation in energy supply and utilization; 5. Improve energy sector governance, capacity building and integrated planning 6. Optimize the national energy mix and promote renewable and alternative energy sources; 7. Raise public awareness on energy resources, services and programmes. 1.2.3 Rural Electrification in Uganda The ultimate goal of Uganda’s National Development Plan and Uganda’s Vision 2040 is “to meet the energy needs of the Ugandan population for social and economic development in an environmentally sustainable manner.” Consequently, in 2012, the Government of Uganda opted in the SE4ALL Initiative and 1 since then, with the SE4ALL Initiative as its framework, the government continues its commitment for the transformation of its energy sector, and deepen the reforms needed to scale up public and private investments in the energy sector to meet its SE4ALL 2030 targets. 1.2.4 The Country Electrification Strategy The National Development Plan (NDP) 2015-16-2019-20 notes that limited access and use of energy significantly slows down economic and social transformation. The NDP has set, as one of its priorities, investment in physical infrastructure development mainly in energy, railway, waterways and air transport. Specifically, for the energy sector, the NDP focuses on increasing access and consumption of electricity by investing in least cost power generation, promotion of renewable energy and energy efficiency in addition to the associated transmission and distribution infrastructure. In order to maintain Uganda’s overall objectives of growth and poverty reduction, the Government, the private sector and communities must increase investments in energy sector. Rural electrification is considered to be of long-term national interest for a rapid and balanced socio-economic development. It is also recognized that inappropriate and inefficient energy technologies as well as inefficient combustion leads to health problems and destruction of the environment, both locally and globally. 1.2.5 Implementation of the Rural Electrification Programme Over the last decade, development of the rural electrification program was based on a Rural Electrification Strategy and Plan for the period 2001 to 2010 – RESP 2001-2010 (later extended to 2012) that aimed at increasing access to electricity in rural areas from 1% in 2001 to 10% by 2010. However, the rural access to electricity at the end of 2018 was estimated at 28%. In view of this low level of rural electricity access, and the corresponding hardships and drawbacks on economic growth, the GoU attempted to increase the level of access to the rural population through a number of bilateral and multilateral funded programs that financed basic infrastructure through the development of 33kV and 11kVdistribution lines, transformer stations and 240/415V reticulation lines. Despite this, connection rates have remained low, often ranging from about 10% to 20% of the targeted consumers. The main reasons have been: (a) the absence of adequate mechanisms within the sector that is directly responsible for increasing access; (b) disassociations of the investment on rural electrification with the operations and maintenance arrangements and lack of participation in network expansion design by Licensed Distribution Companies (LDCs)1; (c) lack of incentives within the current LDCs to increase access particularly amongst the rural poor; (d) inadequate funding for service connection materials; (e) high cost of service connections (starting from US$200 per connection); (f) the need for consumers to pay the cost of the connection upfront; and (g) the absence of any organized effort at consumer mobilization. At this stage, the GoU seeks to overcome these challenges and to enable the lines constructed and facilities provided to be utilized optimally. 1.3 Description of the Electricity Access Scale Up project The Government of Uganda (GoU) through the Ministry of Energy and Mineral Development is in advanced stages of securing funds from the International Development Association of the World Bank towards the implementation of the Electricity Access Scale up Project (EASP). The EASP project is to be implemented 1 Currently, there are six LDCs carrying out distribution services in the country. These are: (i) Umeme; (ii) UEDCL; (iii) KIL; (iv) BECS; (v) PACMECS; and (vi) WENRECO. 2 mainly by three government institutions: Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA), and Uganda Energy Credit Capitalization Company (UECCC). 1.4 Project Objectives The Project aims to increase electricity access to households, commercial, and industrial users, and public institutions in the rural areas, refugee settlements, peri-urban and urban areas, through on-grid and off-grid solutions. The project will also increase access to clean energy-cooking services by supporting private sector enterprises promoting efficient and clean cooking solutions. The proposed project has been structured around five main components: 1.5 Project Components The project has five components which are outlined below and this RPF will be applicable to activities under: Component 1 - Grid Expansion and Connectivity and Sub-Components 2.2 - Electrification of public institutions by stand-alone solar technologies and 3.1 – Grid connectivity and expansion. 1.5.1 Component 1: Grid Expansion and Connectivity This component will finance the scale-up of “last-mile” connections (household, commercial) in line with the Electricity Connections Policy (ECP), while supporting the necessary MV/LV network strengthening and extensions. This component will be implemented by the Rural Electrification Agency (REA) in close collaboration with all SPs for harmonizing technical specifications and procuring distribution network and connection materials. World Bank ESS 5 will be applicable to activities under this component . Sub-component 1-1: Last-mile connections. This sub-component will support “last-mile” connections of both households and commercial consumers in line with the Electricity Connections Policy (ECP) and within 1 km from the existing network to maximize the number of connections to be realized with the available funds, leveraging on the high number of potential customers requiring the least amount of construction material and civil works. Sub-component 1-2: Network expansion and strengthening. This sub-component will finance network expansion and strengthening through Medium Voltage (MV) and Low Voltage (LV) grid extension, upgrades and intensification. 1.5.2 Component 2: Financial Intermediation for Energy Access Scale-up This component will provide line of credit and credit guarantee instruments for the promotion of productive uses of electricity and efficient appliances, quality-certified standalone solar systems, clean cooking technologies, and institutional solar systems (e.g., health facilities, schools). This component will be managed by the Uganda Energy Credit Capitalization Company (UECCC) in close collaboration with the Ministry of Energy and Mineral Development (MEMD) for scaling-up modern energy access solutions for household, commercial, industrial and institutional consumers, including public institutions (e.g., health facilities, schools). This component will provide access to finance through working capital loans, micro finance, and medium-term loans to private entrepreneurs and end-users on a first-come, first-serve basis to promote efficient appliances, stand-alone solar technologies for lighting and productive uses and clean cooking solutions. The Clean Technology Fund (CTF) will support the implementation of this component through the establishment of a Contingent Grant Facility (CGF), which will be managed by the UECCC and will provide comfort to participating Commercial Financial Institutions (CFIs) for on-lending to companies offering stand-alone solar and clean cooking solutions. The CGF will de-risk the exposure of CFIs to technology risk, therefore enabling private companies to raise debt at attractive terms. 3 Sub-component 2-1: Financial intermediation through participating Commercial Financial Institutions. This sub-component will provide access to credit through the UECCC to the Commercial Financial Institutions (CFIs) for the promotion of stand-alone solar systems, efficient electric appliances including for productive uses such as solar water pumps, solar refrigeration units, clean cooking solutions, etc. Sub-component 2-2: Electrification of public institutions by stand-alone solar technologies. This sub-component will support electrification of public institutions (e.g., health facilities, schools) by stand- alone solar system, which are far from grid network. 1.5.3 Component 3: Energy Access in Refugee Host Communities This component will increase access to electricity and clean cooking solutions for refugees and their host communities. This component will support ongoing efforts under the leadership of the Office of the Prime Minister (OPM), to ensure the sustainable socio-economic inclusion of refugees and equitable access to development opportunities for social stability in Uganda. This component will be implemented by the REA (Sub-component 3-1) and UECCC (Sub-component 3- 2) in close collaboration with the MEMD, OPM and relevant stakeholders. Sub-component 3-1: Grid connectivity and expansion. REA will implement this sub-component following the implementation design of Component 1 to provide access to electricity to household, commercial, industrial, and public institution consumers either through extending MV/LV grid networks or mini grids. Sub-component 3-2: Financial intermediation through participating Commercial Financial Institutions. UECCC will implement this subcomponent following the implementation design of Component 2 to promote access to renewable electricity through stand-alone solar technologies, financing of internal wiring of houses and facilities, promotion of efficient appliances for productive uses, cooling technology and clean cooking solutions in refugee settlements and their host communities 1.5.4 Component 4: Project Implementation Support and Affordable Modern Energy Solutions This component will finance project implementation and enabling environment support to increase access to electricity and clean cooking solutions in Uganda. Among other activities, this component will finance the establishment of an adequately staffed Project Coordination Unit (PCU) at MEMD, and Project Implementation Units (PIUs) at REA and UECCC, through the recruitment of necessary consultancy services, capacity building activities, and operations costs. This component will be implemented by the MEMD, REA, and UECCC. Sub-component 4-1: Implementation support. This sub-component will support the GoU’s efforts to strengthen institutional capacity for electrification and project implementation including environment and social safeguards, as well as implement distribution sector reforms which are essential to increasing electricity access in Uganda. This sub-component will finance the PCU at the MEMD and PIUs at the REA and UECCC, which will be responsible for the day-to-day oversight, coordination, planning and implementation of all activities under the project, as well as other technical assistance and capacity development activities required to accelerate access to electricity and clean cooking solutions in Uganda. Sub-component 4-2: Ensuring equity in energy access. This sub-component will support private sector entrepreneurs remove certain barriers preventing them from scaling up the innovative energy technologies to promote electrification in Uganda. The grant will be provided toward removing market entry barriers, information and communication campaign costs, affordability constraint of the consumers, high operating cost to serve customers in remote areas, and so on. The grants support price setting at a level accessible to lower-income beneficiaries. 4 1.5.5 Component 5: Contingent Emergency Response This component will improve the Government’s ability to respond effectively in the event of an emergency during the lifetime of the project. There is a risk that during the life of the project, the Government may experience a crisis like COVID-19 or something entirely different, resulting in a request to the World Bank to support mitigation, response, and recovery measures. This component will enable a rapid project restructuring, including the reallocation of funds and disbursements if needed. . 1.6 Project Funding Table 1: Summary of Scale - Up Financing (US$ Million) IDA Refugee CTF Grant IDA Grant Component IDA Sub-Window Total Component 1 US$290 US$0 US$0 US$0 US$290 Component 2 US$40 US$0 US$25 US$0 US$65 Component 3 US$0 US$50 US$0 US$10 US$60 Component 4 US$10 US$15 US$0 US$25 Component 5 US$0 US$0 US$0 US$0 US$0 TOTAL US$340 US$50 US$40 US$10 US$440 1.7 The Need for this Resettlement Policy Framework for Scale-Up Project This RPF has been prepared pursuant to the World Bank ’s ESS 5 which sets out safeguard measures that apply whenever a World Bank assisted project will involve involuntary taking of land resulting in: (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. The potential for involuntary restriction of access to legally designated areas and protected areas resulting in adverse impacts on the livelihoods of the displaced persons was also assessed. No land acquisition is expected under the project since the establishment of on-grid networks will consist of planting and stringing of poles, which do not require land acquisition but might cause damage to existing trees and crops. Additionally, the construction of MV lines will not require the establishment of way leaves. It is worth noting that The off-grid access networks are expected to be established within the footprint of existing facilities and thus not require land The legislation on resettlement of the Government of Uganda and the Environment and Social Standards of the World Bank will govern any resettlement arising out of the activities of the scale – up project, provided however that in case of discrepancy the World Bank Standard ESS 5 will prevail. This RPF is needed because the project scope to be financed has not fully determined at this stage, and the project activities may lead to impacts on livelihoods and resources. This is especially the case for grid expansion. Hence, this RPF will be used to screen all interventions for their potential impacts and streamline all the necessary procedures to follow in mitigating and minimizing involuntary resettlement associated with the proposed investments. Before implementation of project activities, an appropriate Resettlement Action Plan (RAP) will be developed to address specific impacts, proposed mitigation measures, and compensation issues. 5 1.8 Objectives of the Resettlement Policy Framework The specific objectives of the RPF are to provide framework guidance to identifying and managing situations when the project may lead to impact on persons livelihoods (physical or economic displacement/resettlement) or interfere with their cultural resources. Any compensation measures will be implemented in accordance with this RPF, which will guide when and how the site-specific Resettlement Action Plan (RAP) will have to be completed and implemented before any investment activities can begin. See Annex 2- World Bank Involuntary Resettlement Instruments (RPF outline in the Environment and Social Standards) Screening of project activities will be carried out throughout preparation and implementation, and impacts of any potential resettlement will be included in monitoring and evaluation (M&E). Whenever a Resettlement Action Plan is required, it will be prepared in accordance with guidance provided in this RPF, including Detailed Measurement Surveys, a Socio-economic Study and Identification (Census) of PAPs/impacted persons, and Public Consultation and Disclosure (PCDP). The RPF seeks to align the development of the RPF with ESS5 on aspects of restrictions on land use through acquisition of easements. This RPF seeks to ensure that possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures, in particular, against potential impoverishment risks. These risks can be minimized by: i. Minimizing either impacts on or the number of PAPs or both, to the extent possible; ii. Preparing a well-designed compensation plan and relocation plan if necessary; iii. Compensating in a timely manner (prior to project implementation) for losses likely to be incurred, displaced incomes and livelihoods; and iv. Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs livelihoods and their well-being. 1.9 Scope of RPF This Resettlement Policy Framework covers the following elements, consistent with the relevant Ugandan national laws and provisions of the World Bank Environment and Social Standards described in ESS5. The following activities shall be undertaken during preparation of this RPF: 1. Review the relevant legislation, regulations and local rules governing the use of land and other assets, with specific reference to the following: i. Political economy and governance in Uganda ii. Property and land rights as defined by Ugandan law and customary practice iii. Acquisition and valuation of assets including regulations over the buying and selling of these assets. iv. Entitlement and compensation in particular the accepted norms influencing peoples’ basic rights to livelihood and basic services. v. Dispute resolution and grievance mechanisms. Specifically, the legal and institutional arrangements for filing grievances are addressed through formal and informal systems of dispute resolution. vi. Comparison with The World Bank ESS 5 using equivalence and acceptability standards. 2. Consult with REA officials and other key stakeholders that are engaged in involuntary resettlement processes so as to identify current challenges and community vulnerabilities and suggest workable recommendation to be adopted in to the project. 3. Assessment of the capacity of the implementing agencies (REA, UECCC and MEMD) and any other stakeholders to implement RPF as well as management and implementation of emerging 6 social issues. In addition, identify the capacity strengthening needs for the implementation of the RPF by the project and propose and cost capacity building program including training for key institutions and other stakeholders 4. Review and update RPF management tools, such as screening procedures, checklists, assessment of typical anticipated impacts, draft resettlement actions Plans for typical impact mitigation for inclusion in the RPF in line with the planned Scale-Up activities. 5. Review and update the grievance redress mechanism and RAP guidelines 6. Undertake field visit to consult with the affected persons, establish feasible resettlement alternatives, generate information for evidence based impacts and recommendations of the project. 1.10 RPF Methodology and Approach The methodology was largely qualitative in nature employing a number of data collection methods to generate the required information. In all the approaches, the methods assessed awareness/knowledge of the project, perceptions of inclusion or exclusion of different categories of people. This guided the framework on appropriate recommendations in the preparation of RAPs and other social guidelines. Data was drawn from three broad data sources namely desk reviews, Open Group Discussions and key stakeholder interviews. 1.10.1 Desk Review A literature review was undertaken to provide background information as well as an overview of the policy, legal and institutional framework for the project. Documents reviewed included: The Uganda Constitution; Rural Electrification Strategy and Plan for the period 2001 to 2010 – RESP (2001-2010) and RESP2013- 2022: The Power Sector Restructuring and Privatization Strategy 1999; The Electricity Act 1999; The Energy Policy 2002; and the draft Energy Policy 2019. 1.10.2 Key Stakeholder Interviews (KIs) Public consultations were conducted with national stakeholders to establish feasible resettlement alternatives, generate information for evidence-based impacts and recommendations. These interviews were conducted with key stakeholders from; Ministry of Tourism Wildlife and Antiquities, Ministry of Lands, Housing and Urban Development, Ministry of Gender, Labour and Social Development Uganda, Ministry of Water and Environment, GIZ, Uganda Solar Energy Association, Finix International and Ultra Tech Ltd. Other stakeholders include UWA and NFA given the fact that the electricity lines may in some areas pass through protected areas. 1.10.3 Lessons learnt from previous resettlement process under ERT II and III The following are lessons from resettlement implementation will be useful in informing the design and implementation of the RFP. 1. Cut-off date: The cut-off date in the payment of easements for distribution lines is not practical since the land will not be acquired limiting enforcement and communities continue to use their property causing double compensation. REA will ensure that the time between compensation and the start of civil works is reduced to a minimum. 2. Compensation for easements: The lines connected are service lines and only easements are required for the establishment of the lines and any service has to be close to the persons who require it. No disturbance allowance is given to the persons affected since the nature of the works is temporal. Any impacts on livelihood will however be compensated for. 7 3. Diversion of the lines due to changes on the ground: due to the temporal nature of the easement, acquisition leads to delays and double compensations in case the land owner decides to replant since they remain on the land - making the projects costs high. REA will ensure that the time between compensation and the start of civil works is reduced to a minimum. In line with ESS5 easement consents will be obtained for any temporal works along the way leaves. Compensation will be done on the case-by-case basis once property has been affected since the loss will not lead to temporary physical and economic displacement once the poles have been erected. Offsets geared towards livelihood restoration and corporate responsibility activities will be adopted among the communities. 8 2 SOCIAL-ECONOMIC BASELINE INFORMATION OF THE SCALE-UP PROJECT AREAS This section presents the socio-economic baseline status of the Scale-Up project on a regional basis in relation to the benefits and risks related to construction and use of electricity with particular focus on the areas and populations where the project is proposed. This information is important in monitoring the impact of the project within the project areas if need arises and furthermore, this information is important in informing decisions aimed at reducing or mitigating any impacts that may arise as a result of the project activities. 2.1 Social-Economic background2 2.1.1 Population According to 2019 estimates, the population of Uganda is around 44.27 million. While 84% of residents live in rural areas instead of the developing urban areas, the major cities still boast a large number of inhabitants. Uganda is one of the countries that houses rich ethnic diversity, which includes most of its population speaking three major languages - Bantu, Nilotic and Central Sudanic. Furthermore, the number of ethnic groups present in Uganda is very large, making it one of the most ethnically diverse countries in the region. The main ethnic group is called the Ganda, which makes up 16.9% of the population, followed by the Nkole, Soga and Kiga tribes, which make up 9.5%, 8.4% and 6.9% respectively. There are many other tribes; however, they constitute a very small percentage of the total population. The population size is a reflection of the number of people that are likely to be impacted by the project. The appropriate number of beneficiaries from the EASP will be determined upon the confirmation of the project areas within which the project will be implemented. 2.1.2 Employment According to 2016/17 UNHS, Uganda’s working age population stood at 19,104,000 of which 78.8 % were working. The proportion of employed females was 44.4 % as 43.2 % of the working population was engaged in the subsistence agriculture sector only. There is 9.1% of unemployed (out of which 14.5% is of lower education, 64.5% are of secondary and 21% are of tertiary education) out of working age population (age 15+). The project will enhance electrification of the project areas both Grid and off-grid that will attract investment and generally improve access to; increased agro processing value addition industries, new business and/or increased business activities that will attract banking services and increase access to financing hence creation of employment opportunities for the communities. 2.1.3 Electricity access According to the latest UBOS Energy for Transformation Baseline Survey (2018), the overall access rate in Uganda is of 41 percent: 22 percent through grid access and 19 through off-grid solutions of Tier 1 and above. This corresponds to an access deficit for about 25.1 million people (5.6 million HHs) out of 42.7 (9.5 million HHs). The EASP will support the GoU Electricity Connection Policy that will increase connections of households and small to medium enterprises. 2.1.4 Energy usage in rural areas UBOS 2017 reports that, Overall, two thirds of households in Uganda (64%) used firewood for cooking while three in every ten households (30%) used charcoal. Combined, biomass fuels constitute the main fuel for cooking for 94% of the households. The other sources of energy for cooking (electricity, kerosene, gas, 2 Source: UBOS - Population Census statistics 2014 9 etc.) account for only 6%. There were variations by residence whereby 96% of households in rural areas used biomass fuels compared to 89% of households in urban areas. The majority of households in urban areas use charcoal for cooking (66%) compared to households in rural areas (16%). One in every ten households (11%) in urban areas also use other sources of energy for cooking (electricity, kerosene, gas, etc.). The EASP will through grid and off grid connections enhance use clean energy from grid solar for cooking and drying and preservation of foods thence reducing the pressure on forests for fuel wood. 2.1.5 Energy for Lighting The majority of households (52%) used Tadooba (local paraffin candle) as the main source of energy for lighting while about 20% used electricity. Electricity use has more than doubled and use of Tadooba has reduced by about 20%. The Tadooba was predominantly used in the rural areas (60%) compared to the urban areas (25%) about reverse is true for electricity. This is in line with the government programme on rural electrification that has increased coverage of electricity in rural and urban areas. Statistics from UBOS 2014 national census indicate that the residence divide shows that the use of electricity for lighting in the rural areas has increased from 3% in 2002 to 10% in 2014. 2.1.6 Energy for Cooking Use of clean power through provision of alternative energy sources would yield two benefits; first it would reduce the heavy reliance on wood fuel as the main source of fuel for cooking hence protecting the environment and second, it would also improve the health of especially women through reduced exposure to smoke from wood fuels. UBOS 2014 statistics show that overall, 71% of the households used firewood for cooking with 85% in the rural and 31% in the urban areas. 2.1.7 Ownership of Houses About 73% of the households owned their houses with majority of the households (83%) being in rural areas. Overall about 62% of the households owned agricultural land and this was most predominant among households in rural areas (about 71%) with the proportion being higher among the male headed household (63%) compared to the female headed households (49%). 2.1.8 Distribution of Households by type of dwelling unit and residence Type of dwelling unit 67% of households resided in detached dwelling units while 12% resided in semidetached dwellings. The residence differentials show that proportion of households that lived in Tenements was five times more in urban (37%) than in rural areas (8%) 2.1.9 Availability of a Kitchen The location of a kitchen on a housing unit exposes the household members to cooking smoke from especially biomass fuels. Overall, about half of the households (51 percent) used outside built kitchens while 25 percent used open space. More households in rural areas (56 percent) cooked outside in built up kitchens compared to households in urban areas (34 Percent). 2.1.10 Availability of a Bathroom Possession of a bathroom shows that a household is taking care of its hygiene and privacy while bathing. Without proper drainage, water from the bathroom can create health risks. About one third of the households (32%) used an outside built bathroom with drainage. There were variations by residence with the proportion twice as high in urban areas (51%) than in rural areas (26%) 2.1.11 Drinking water Source of Water for Drinking Access to safe water and sanitation are very important in maintaining hygiene within the household and hence is a critical determinant of the health status of household members. Information on access to water sources has been classified into improved and unimproved water source. 10 Introduction of electricity will help communities access improved water sources including piped water and water drawn from protected springs as well as from deep boreholes. Open water sources, like unprotected wells and surface water (rivers, streams, ponds, and lakes) are more likely to carry disease-causing agents are categorized as unimproved sources. Overall, the highest proportion (34%) of households used borehole water for drinking while 29% of households used water from unimproved water sources. A large proportion (33%) of households in the rural areas used water from unimproved water sources compared to residents in urban areas (16%). 2.1.12 Occupancy tenure The majority of households lived in owner occupied dwellings with 83 percent in rural compared to 43 percent in urban areas. 21% of the Households lived in rented houses. More urban (50%) than rural households (12%) lived in rented dwellings. Housing is one of the basic human needs that have impact on the health, welfare, social attitudes and economic productivity of the individual. It is also one of the indicators of a person's standard of living and his or her place in society. The demand for housing remains high in most developing countries including Uganda. 2.1.13 Household livelihood Majority of households, about one in every seven, obtained their livelihood from subsistence farming with a majority in rural areas (82%). Households that depended on employment earnings for their livelihood accounted for 16 percent while those that depended on commercial farming were only 2%. 2.1.14 Bank Accounts Information on Bank accounts showed that close to 22% of the households had functional Bank Accounts, majority of which are in Commercial Banks (18%). Analysis by residence showed that 43% of the households in urban areas had bank accounts while for female headed households 18% had Bank Accounts. 2.1.15 Refugee status Uganda is ranked third in terms of the number of refugees hosted in the whole world. The areas hosting refugees have unique challenges in terms of inadequate water supply, poor road network, lack of extension services, in adequate health services, remoteness, access to social services and a host of others. Reliance on wood fuel in refugee camps/displacement settings is the major driver of deforestation and degradation of forests around the camps. The proposed EASP project will enable UECCC through the IDA18 Refugee sub-window support electrification of schools and health centres for refugees and refugee host communities. According to the UNHCR Uganda: Resettlement Factsheet (February 2019), Uganda is the third largest refugee-hosting country in the world with 1,223,003 refugees. Four percent live in Kampala, while the rest live in the settlements. 11 3 LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORK 3.1 Ugandan Laws There are a number of national and local legal frameworks that regulate the land relations in Uganda. These frameworks define land rights, ownership, procedures and requirements of transfer and acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or a public body for public projects. Among the most important legal instruments in this regard are the following: a) The Constitution of Uganda (1995) b) The Land Act (1998) c) The Land Acquisition Act (1965) d) Land Regulation Act (2004) e) Land Act (Amendment) (2010) f) Local Government Act (1997) g) The Electricity Act (1999) While all matters relating to land acquisition, compensation and resettlement are managed within the provisions of the above legislation, the most decisive document in this regard is the Land Act of 1998, as amended. 3.1.1 The Uganda Constitution (1995) Article 237(1) of the Constitution vests all land of Uganda in the citizens of Uganda. However, under Article 237(1) (a), the government or local government can acquire land in the public interest. Such acquisition is subject to the provisions of Article 26 of the Constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure regimes in accordance with which rights and interests in which land may be held namely; Customary, Freehold, Mailo and Leasehold. It introduces bonafide occupancy‟ as a form of tenure that gives the occupant some rights to the land occupied. According to the Constitution, all land belongs to the people of Uganda and is held in trust by the Government. Government is authorized to acquire land for a public purpose and compensate affected persons in accordance with the law. It provides procedures to follow during the acquisition of land for public interest and provides for the “prompt payment of fair and adequate compensation” prior to taking possession of the land. 3.1.2 The Land Act, Cap 227 (1998) The 1998 Land Act addresses land holding, management control and dispute processing. The Act creates a series of land administration institutions, namely, the Uganda Land Commission (ULC), the District Land Boards (DLB), the Parish Land Committees (PLC) and the District Land Tribunals (DLT). Section 78 of the Act gives valuation principles for compensation, i.e. compensation rates to be yearly approved by DLBs. The basis for compensation is depreciated replacement costs for rural properties and market values for urban properties. Article 75 of the Land Act 1998 and Article 243 of the 1995 Constitution creates District Land Tribunals with jurisdiction to determine disputes relating to the grant, lease, repossession, transfer or acquisition of land by individuals, the ULC or other authority with responsibility relating to land; and the determination of any disputes relating to the amount of compensation to be paid for land acquired. Article 77 (e) of the Land Act 1998 gives power to the DLTs to determine any other dispute relating to land under this act. Article 88 (1) of 12 the act stipulates that an appeal shall lie from the decision of a DLT to the High Court. Key features of the recognized forms of land tenure in Uganda are: Customary Tenure - Is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies. That is customary tenure is not governed by written law. Landowners do not have deeds recognizing their ownership rights and land is managed according to rules and practices generally accepted as legitimate and binding by a particular community. Customary laws vary according to regions but most systems are based on the same general principles. Ownership rights are recognized by the community through inheritance, purchase, or by settling on a plot of land which was previously vacant. Under Ugandan customary legal systems, particularly in northern and eastern Uganda, land is usually communally owned by the clan but it can also be owned individually. Rights and responsibilities that derive from communal ownership are shared among various members of the clan according to traditional practices. Usually, the head of the clan or family, the “custodian”, has the responsibility to look after e ach member’s land rights and to allocate land fairly to all. Under this system, disputes are heard and settled by clan elders. Leasehold Tenure - Is created either by contract or by operation of the law and is a form under which the landlord of lessor grants the tenant or lessee exclusive possession of the land, usually for a period defined and in return for a rent. The tenant has security of tenure and a proprietary interest in the land. Freehold Tenure - Derives its legality from the constitution and its incidents from the written law. Involves the holding of land in perpetuity or a term fixed by a condition and also enables the holder to exercise, subject to the law, full powers of ownership. Mailo Tenure - Has roots in the allotment of land pursuant to the 1900 Uganda Agreement and derives its legality from the constitution and its incidents from written law. It involves the holding of land in perpetuity and permits the separation of ownership of land from the ownership of developments on land made by a lawful or bona fide occupant. The system enables the holder to exercise all powers of ownership, subject to the rights of those persons occupying the land at the time of the creation of the mailo title and their successors. 3.1.3 Land Acquisition Act (1965) This Act makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter upon the land and survey the land, dig or bore the subsoil or any other thing necessary for ascertaining whether the land is suitable for a public purpose. The Government of Uganda is supposed to pay compensation to any person who suffers damage as a result of any action. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision. The Land Acquisition Act stops at payment of compensation. It is not a legal requirement to purchase alternative land for the affected people by the project. Once they are promptly and adequately compensated, then the obligations stop there. The Government through the Ministry of Lands, Housing and Urban development will pay the compensation to the affected persons. There is no requirement or provision in the law that people need to be assisted with relocation or that alternative land is made available or bought. Each affected person entitled to be compensated; on receipt of his/her compensation is expected to move and has no further claim. 3.1.4 The Land Act, 1998 The Land Act principally addresses four issues namely; holding, control, management and land disputes. As regards tenure, the Act repeats, in Section 3, provisions of Article 237 of the Constitution which vests 13 land ownership in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act provides for acquisition of land or rights to use land for public works. Regarding control of land use, the Act reaffirms statutory power of compulsory acquisition conferred on the government and local authorities under articles 26 (2) and 237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements of Article 26(2) of the Constitution that requires a law to be in place for the payment of compensation and access to the courts. The Act also requires that landowners manage and utilize land in accordance with regulatory land use planning (Sections 44 and 46). Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a disturbance allowance on top of the computed compensation amount as shown below: a) 30% of compensation amount if quit notice is given within 6 months. b) 15% of compensation amount if quit notice is given after 6 months. The rights of spouse and children are protected under the Constitution of Uganda and the Land Act (Cap 227). The consent of spouse and children must be acquired prior to any transaction by the head of household on land on which the family ordinarily resides. Section 40 of the Land Act, 1998 requires that no person shall: 1. Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land; 2. Give away any land inter vivos, or enter into any transaction in respect of land: a. In the case of land on which the person ordinarily resides with his or her spouse, and from which they derive their sustenance, except with the prior written consent of the spouse; b. In the case of land on which the person ordinarily resides with his or her dependent children of majority age, except with the prior written consent of the dependent children of majority age; c. In the case of land on which the person ordinarily resides with his or her dependent children below the majority age, except with the prior written consent of the Committee; d. In the case of land on which ordinarily reside orphans below majority age with interest in inheritance of the land, except with prior written consent of the Committee. 3.1.5 The Land Regulations, 2004 Section 24(1) of the Land Regulations, 2004 states that the District Land Board shall, when compiling and maintaining a list of rates of compensation, take into consideration the following: a) Compensation shall not be payable in respect of any crop which is illegally grown; b) As much time as possible shall be allowed for harvest of seasonal crops; c) The current market value of the crop and trees in their locality will form the basis of determining compensation; d) For buildings of non-permanent nature, replacement cost less depreciation will form the basis of compensation. 3.1.6 The Land (Amendment) Act, 2010 Section 76(1) (a) of the Land (Amendment) Act 2010 states that the jurisdiction of the District Land Tribunal shall be to determine dispute relating to the grant, lease, repossession, transfer or acquisition of land by individuals, the commission or other authority with responsibility relating to land. 14 3.1.7 The Electricity Act, 1999 The Electricity Act 1999, under PART IV, provides for use of land for energy installations. The Act provides for: 1. The power of a licensee (or a project developer) to use land (section 67) 2. Procedures for using public land 3. Removal or alteration of electric supply lines 4. Compensation 5. Compulsory acquisition of land (section 71) Section 64 created the Rural Electrification Fund (REF) and authorized the Minister to make regulations for the management of the Fund by Statutory Instrument. Statutory Instruments 2001 No. 75 established the Rural Electrification Board (REB) to manage REF and also established the Rural Electrification Agency (REA) as the Secretariat of REB with powers to: 1. Build and maintain a national rural electrification data base 2. Prepare for REB an annual status report on rural electrification programs indicating progress and hindrances to the execution of the rural electrification program and identifying significant obstacles impending progress as well as options for mitigating those obstacles 3. Recommend to REB the most efficient use of the Fund for the promotion of rural electrification 4. Generate and provide information relating to rural electrification investments 5. Undertake planning and budgeting for rural electrification and 6. Process applications for financial support from the REF The institutions with responsibilities identified in this RPF are the Rural Electrification Agency (REA) which will play a key role, the Ministry of Energy and Mineral Development (MEMD), The Electricity Regulatory Authority (ERA), private energy developers and communities, and implementing institutions (health, water, and education). These entities will liaise with local authorities and comply with their obligations under the RPF. 3.1.8 The Local Government Act (1997) The Local Government Act (LGA) was enacted to give effect to the policy of decentralisation and devolution of functions, powers and services; and to provide for decentralisation at all levels of local government to ensure good governance and democratic participation in, and control of decision making by the people. The Local Government Act provides for the system of Local Governments, which is based on the district. Under the district there are lower Local Governments and administrative units. This system provides for elected Councils. The chairman nominates the executive committee of each council. The functions of this committee include: 1. Initiating and formulating policy for approval of council; 2. Overseeing the implementation of the Government and Councils‟ policies, and monitor and coordinate activities of Non-Government Organizations in the district; and 3. Receiving and solving disputes forwarded to it from lower local governments. According to the second schedule to the LGA, the Central Government is responsible for water resources and the environment (Part I, Second Schedule of the Local Government Act). The Lower Local Government Councils (sub-county or division) are responsible for the protection and maintenance of local water resources (Part 4). It is the function of the various executive committees, including the parish or village executive committees, to generally monitor projects and other activities undertaken by government, local governments, and non-governmental organisations in their area (Section 50(8)). 15 3.2 Policy Framework 1. The National Land Policy 2013 2. The National Gender Policy, 1997 3. The National HIV/AIDS Policy, 2004 3.2.1 Rural Electrification Strategy and Plan (RESP) 2013-2022 Program Implementing Policies and Structures The Government’s Rural Electrification Strategy and Plan (RESP) for the ten-year period 2013-2022 programmatic and policy adjustment measures towards increasing connections will include; 1. The Government assuming greater responsibility for planning, financing and overall management of the rural electrification sector by absorbing the major commercial and financial risk for rural electrification development while the private sector plays a complementary role to that of Government. 2. Rural electrification implemented on a model of scaled, multi-technology electricity service territories comprising the entire rural territory of the country. 3. Planning and management for all rural electrification sector programs and investment resources to be centralized in the REA. 4. Rural electrification services and infrastructure will be managed by duly licensed non-governmental concession holders. 5. Off-grid electrification services comprising energy service technologies not dependent on the national grid shall, preferably, be planned, offered and furnished to eligible consumers in the service territories in tandem with on-grid electrification services. 7. Capital financing for infrastructure development for electric distribution-based investment shall be furnished under a system of long-term leasing and financing contracts with the electric distribution licensees. 8. The cost of wholesale power to rural concession licensees may be discounted on a needs-test basis in order to make on-grid rural electricity service more affordable. 9. Investment in small distributed power generation facilities as local sources of supply will be given increased priority and enhanced support 3.2.2 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”. 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 so as to deliver equitable and sustainable development. 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. 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. 16 Rights for Minorities: As regards land rights of ethnic minorities, the Policy states that: (a) Government shall, in its use and management of natural resources, recognize and protect the right to ancestral lands of ethnic minority groups; (b) 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: (i) 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 displacements; c. consider land swapping or compensation or resettlement in the event of expropriation of ancestral land of minorities for preservation or conservation purposes; d. detail terms and conditions for displacement of minorities from their ancestral lands in the interest of conservation or natural resources extraction; (ii) pay compensation to those ethnic minorities that have in the past been driven off their ancestral lands for preservation or conservation purposes; (iii) deliberate and specify benefit-sharing measures to ensure that minority groups benefit from resources on their ancestral lands rendered to extractive or other industry; (iv) recognize the vital role of natural resources and habitats in the livelihood of minority groups in the gazettement or degazettement of conservation and protected areas 3.2.3 The National Gender Policy, 1997 The government adopted a National Gender Policy of 1997, a tool to guide and direct the planning, resource allocation and implementation of development programs with a gender perspective. The adoption of the gender policy has facilitated Uganda’s gender mainstreaming programs in all sectors of the economy (implying, the planned works project should equally integrate gender into the implementation of works. 3.2.4 The National HIV/AIDS Policy, 2004 The policy provides the principles and a framework for a multi-sectoral response to HIV/AIDS in Ugandan’s world of work. The policy applies to all current and prospective employees and workers, including applicants for work, within the public and private sectors. It also applies to all aspects of work, both formal and informal. 3.3 Institutional Framework for the Sector The Government of Uganda, in recognizing the importance of energy in transforming the quality of life of Ugandans, formulated the National Energy Policy in September 2002. The Energy Policy Goal is “to meet the energy needs of Uganda’s population for social and economic development in an environmentally friendly manner”. The policy among others covers energy demand issues and proposes strategies and plans for supplying the required energy. One of the strategies highlighted is the implementation of the Rural Electrification Strategy and Plan 2001-2010 (RESP) which was passed by the Cabinet of the Republic of Uganda in February 2001, as dictated by section 63 of the electricity act 1999. 17 3.3.1 Electricity Regulatory Authority In conformance with the Electricity Act of 1999, an energy sector regulator, Electricity Regulatory Authority (ERA), was established and has developed regulations by which it discharges its responsibility under the law. The primary duties of this Authority are licensing, tariff setting, development and enforcement of performance and safety standards. 3.3.2 Rural Electrification Fund and the Board Furthermore, prior to the formulation of the Energy Policy, the Government of Uganda, by, Statutory Instrument No. 75 of 2001 (Establishment and management of the Rural Electrification Fund), had established three inter-related mechanisms for management of Uganda’s Rural Electrification program namely, the Rural Electrification Fund (REF), the Rural Electrification Board (REB), and the Rural Electrification Agency (REA) all supervised by the Minister responsible for Energy. REA serves as the Secretariat to the Board whose principal responsibility is to ensure management of the Fund for equitable promotion of electricity access and connectivity. The REB, which reports to the Minister of Energy and Mineral Development, consists of six non-executive board members, of which majority are non-government representatives, appointed by the Minister with Cabinet approval. REB board members include Permanent Secretaries of the Ministries of: (i) Energy and Mineral Development (Chair), (ii) Finance, Planning and Economic Development, (iii) Local Government, and representatives of (iv) the private sector involved in rural electrification, (v) NGOs, and (vi) the financial sector. The Board is the supreme governing and policy making body of REA, responsible for all major decisions affecting the Agency including providing effective institutional and administrative oversight to the Agency. In addition, the Minister of Energy, in accordance to the Electricity Act, established a Rural Electrification Fund (REF) with the following sources of funding: i. Significant money appropriated by Parliament; ii. Any surplus made from the operations of the Electricity Regulatory Authority; iii. A 5% levy on transmission bulk purchases of electricity generation stations; iv. Donations, gifts, grants and loans acceptable to the Minister of Energy and Mineral Development and the Minister of Finance, Planning and Economic Development. 3.3.3 The Rural Electrification Agency, REA REA was established as a semi-autonomous Agency by the Ministry of Energy and Mineral Development through Statutory Instrument 2001 no. 75, to operationalize Government’s rural electrification function under a public-private partnership. It functions as the secretariat of the Rural Electrification Board which carries out the Ministry’s rural electrification responsibilities, as defined in the Electricity Act of 1999. REA was mandated to facilitate achievement of the RESP goal of a rural electrification rate of at-least 10% by the year 2010 (extended to 2012) from 1% at the beginning of the decade. 3.4 World Bank Environment and Social Standards World Bank Environment and Social Standard ESS 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement; ESS 2 on Labour and Working Conditions; ESS 7 Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities; ESS 8 Cultural Heritage and ESS 10 Stakeholder Engagement and Information Disclosure World Bank standard (ESS5) requires “screening” of all projects proposed for Bank financing to help ensure that they take social concerns into account with respect to adverse impacts on project affected people (PAP‟s) and to appropriately plan for and respond to these impacts, and thus improve decision making 18 about resettlement, options, alternatives, participation of PAP ‟s and compensation. The World Bank’s ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement 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: 1. Avoid or minimize involuntary resettlement by exploring project design alternatives 2. Avoid forced eviction 3. Mitigate unavoidable adverse impacts from land acquisition or restrictions on land use through timely compensation for loss of assets at replacement cost and assisting displaced persons in their efforts to improve, or at least restore, livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher 4. Improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure 5. Ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and informed participation This standard 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 The policy implies that Scale-Up project activities that may result in the involuntary taking of land (or in the restriction of access to legally designated parks and protected areas resulting in adverse impact on livelihoods) a RAP must be prepared by the implementing agencies and cleared by the World Bank prior to implementing the resettlement activities. The ESS 5 also requires that the provision of compensation and other assistance to PAPs, to restore livelihoods when these are affected appreciably, shall be done prior to the displacement of people. In particular, the standard requires that damage to crops and trees or possession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the RAP. 19 3.4.1 Comparison between Land Law in Uganda and World Bank ESS 5 Table 2: Outlines the gaps between Uganda law and World Bank requirements for resettlement and compensation. It is clear in the comparison that the ESS 5 offers more reasonable and/or fair benefits and recognition to PAPs than Ugandan law; therefore, in cases where benefits are greater, ESS 5 will apply and in all cases, “the higher of the two standards will be followed in all RAPs prepared for the Scale Up Project, since the higher standard also satisfies the requirements of the lesser standard. In this case, the World Bank ESS5 will be followed since it is higher on application of these policies.” Table 2: Comparisons of Ugandan Laws and the World Bank Policies on Resettlement and Compensation No. Types of Affected Ugandan Law World Bank ESS 5 Comparison/Gaps Applicable standard Persons/ Lost Assets 1 Land Owners The Constitution of Uganda, 1995 vests Project Affected persons may be The legal right to ESS 5 prevails. all land directly in the citizens of classified as persons: resettlement under Uganda, and states that every person (a) Who have formal legal rights to Ugandan law is applicable in Uganda has the right to own land or assets; only to those with property. (b) Who do not have formal legal proprietary interest in the rights to land or assets, but have a affected land. Ugandan law recognizes four distinct claim to land or assets that is land tenure systems: customary tenure, recognized or recognizable under Customary land holds freehold tenure, leasehold tenure and national law; or property and mailo tenure. (c) Who have no recognizable legal ownership. right or claim to the land or assets Customary tenure are entitled to they occupy or use. Entitlement under compensation based on the open Ugandan law for payment market value of the unimproved land. In the case of physically displaced of compensation is persons (a) and (b), the Borrower will essentially based on the offer the choice of replacement right of ownership or legal property of equal or higher value, with user/occupancy rights. security of tenure, having equivalent or better characteristics and advantages of location, or cash compensation at replacement cost. Compensation in kind should be considered in lieu of cash. 20 In the case of physically displaced persons (c), the Borrower will provide arrangements to allow them to obtain adequate housing with security of tenure. All PAPs are provided compensation for non-land assets that they lose. 2 Land Ugandan law does not make any See above. The ESS5 explicitly Those without formal Design EASP Project Tenants/Squatters specific accommodation for squatters states that the affected persons legal rights or claims to activities will not or illegal settlers, and compensation is cannot be denied compensation such lands are not induce displacement of based on legal occupancy. /resettlement assistance based on the entitled to be resettled people. lack of legal title. Bank projects, or compensated under The Land Act treats lawful occupants therefore, need to make provisions for Ugandan law. ESS5 prevails and bonafide occupants as statutory helping squatters / encroachers tenants of the registered owner. Under achieve the objectives of the Bank's Section 29 of the Land Act, resettlement policy. “lawful occupant” means a person who entered the land with the consent For those without formal legal rights to of the registered owner, and lands or without claims to such land includes a purchaser; or a person that could be recognized under the who had occupied land as a laws of the country, the government customary tenant but whose tenancy should provide resettlement was not disclosed or compensated for assistance, to help improve or at by the registered owner at the time of least restore those affected persons’ acquiring the leasehold certificate of livelihoods. title. “Bona fide occupant” means a person who before the coming into force of the Constitution had occupied and utilized or developed any land unchallenged by the registered owner or agent of the registered owner for twelve years or more; or had been settled on land by the Government or an agent of the Government, which may include a local Authority. 21 For the avoidance of doubt, a person on land on the basis of a license from the registered owner shall not be taken to be a lawful or bona fide occupant under this section. Any person who has purchased or otherwise acquired the interest of the person qualified to be a bona fide occupant under this section shall be taken to be a bona fide occupant for the purposes of this Act. 3 Land Licensees are granted authority to use See above. Squatters are provided Design EASP Project Users/Licensees land for agricultural production, usually resettlement assistance and activities will not limited to annual crops. They have no compensation for loss of non-land induce displacement of legal security of tenure or any propriety assets that they lose. people. right in the land. People who have valid licenses for ESS5 prevails The Land Act, section 29(5) clearly temporary use of land or structures states that for the avoidance of doubt, are eligible for compensation for the a licensee shall not be taken to be loss– this compensation shall be lawful or bonafide occupant prorated for the remaining period of validity. These people should also be compensated for loss of crops or other damage incurred. It would be good practice to provide these people with relocation or transition assistance. 4 Owners of non- Mailo tenure involves the holding of See above. There appears to be a Project will provide permanent land in perpetuity. For those without formal legal rights to significant difference compensation based buildings It was established under the Uganda lands or claims to such land that could between Ugandan laws on full replacement Agreement of 1900. be recognized under the laws of the and Bank policy. Those value. This will include It permits the separation of ownership country, Bank policy provides for without formal legal rights the payment of of land from the ownership of resettlement assistance in lieu of or claims to such lands government valuation developments on land made by a lawful compensation for land, to help and/or semi-permanent rates and payment of a occupant. improve or at least restore their structures are not entitled disturbance allowance. Owners of non-permanent buildings are livelihoods. to resettlement assistance entitled to compensation based on or compensation under ESS5 prevails 22 rates set by District Land Boards. Compensation for loss of non-land Ugandan law. assets that are lost (for ex. structures, trees, crops) 5 Owners of Valuation of buildings is based on open Entitled to in-kind compensation or Values based on Project will provide permanent market value for urban areas and cash compensation at full replacement depreciated replacement compensation based buildings depreciated replacement cost in the cost including labor and relocation cost do not reflect full on full replacement rural areas. expenses, prior to displacement. replacement cost/value value as per ESS5. required by ESS 5. This will include the payment of government valuation rates, the payment of a disturbance allowance. 6 Timing of Once the assessment office takes In certain cases there may be There is no equivalence Follow OP ESS 5. compensation possession, the land immediately significant difficulties related to the on implementing payments becomes vested in the Land payment of compensation to particular all relevant resettlement Commission, according to the Land affected persons, for example, where plans before project Acquisition Act. repeated efforts to contact absentee completion or on owners have providing resettlement failed, where project-affected persons entitlements before However the Land Act, Cap.227 have rejected compensation that has displacement or (section 42) provides that compulsory been offered to them in accordance restriction of access. acquisition must comply with the with the approved plan, or where provisions of the Constitution (article competing claims to the ownership of 26). lands or assets are subject to lengthy legal proceedings. On an exceptional basis, with prior agreement of the Bank, and where the Borrower demonstrates that all reasonable efforts to resolve such matters have been taken, the Borrower may deposit compensation funds as required by the plan (plus a reasonable additional amount for contingencies) into an interest-bearing escrow or other deposit account and 23 proceed with the relevant project activities. Compensation placed in escrow will be made available to eligible persons in a timely manner as issues are resolved. Taking of land and assets may only take place after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For projects involving restrictions of access, measures to assist the displaced persons are implemented in accordance with the work plans in the plan of actions. 7 Calculation of According to the Land Act, Cap 227 When land acquisition or restrictions There are no equivalent Market value is based compensation and (section77), the value of customary on land use (whether permanent or provisions in Ugandan on recent transactions valuation land shall be the open market value of temporary) cannot be avoided, the law on relocation and thus if alternative the unimproved land. Borrower will offer affected persons assistance, transitional Property is purchased compensation at replacement cost, support, or the provision within a reasonable Value of the buildings shall be at open and other assistance as may be of civic infrastructure. period of the payment market value for urban areas and necessary to help them improve or at of compensation, it is depreciated replacement cost for rural least restore their standards of living The basis of likely that market value areas. or livelihoods, to pre-displacement compensation will reflect replacement levels or to levels prevailing prior to assessment is not stated value. The crops and buildings of non- the beginning of project in the Land Acquisition permanent nature are compensated at implementation, whichever is higher. Act (an old law due or However, local inflation rates set by District Land Boards. review), although the in price, land or Constitution provides for construction materials (a) For persons whose livelihoods are “prompt, fair and can affect what is land-based, replacement land that has adequate” compensation determined as a combination of productive potential, (Article 26). replacement cost. If locational advantages, and other this is not reflected in 24 factors at least equivalent to that recent transactions, being lost will be offered where market value may not feasible; reflect replacement (b) For persons whose livelihoods are value. natural resource-based and where project-related restrictions on access ESS 5 shall be envisaged in paragraph 4 apply, followed. measures will be implemented to either allow continued access to affected resources or to provide access to alternative resources with equivalent livelihood-earning potential and accessibility. Where common property resources are affected, benefits and compensation associated with restrictions on natural resource usage may be collective in nature; and (c) If it is demonstrated that replacement land or resources are unavailable, the Borrower will offer economically displaced persons options for alternative income earning opportunities, such as credit facilities, skills training, business start-up assistance, employment opportunities, or cash assistance additional to compensation. Compensation standards for categories of land and fixed assets will be disclosed and applied consistently. Compensation rates may be subject to upward adjustment where negotiation strategies are employed. In all cases, 25 a clear basis for calculation of compensation will be documented, and compensation distributed in accordance with transparent procedures. ESS 5 requires compensation at full replacement cost of assets. 8 Relocation and Both The Constitution, 1995 and The To avoid involuntary resettlement or, Ugandan laws do not Design EASP Project resettlement Land Act, 1998 gives the government when unavoidable, minimize appear to make activities will not and local authorities power to involuntary resettlement by exploring provisions for avoidance induce displacement of compulsorily acquire land. project design alternatives. or minimizing of people. involuntary The Constitution states that “no person To avoid forced eviction. resettlement. shall be compulsorily deprived of property or any interests in or any right To mitigate unavoidable adverse over property of any description except” social and economic impacts from if the taking of the land necessary “for land acquisition or restrictions on land public use or in the interest of defence, use by: providing timely public safety, public order, public compensation for loss of assets at morality or public health.” replacement cost and assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. 9 Completion of Privately owned land’s value is The Borrower will take possession of There is no equivalence The project will compensation negotiated between the owner and the acquired land and related assets only between Ugandan law conform to WB ESS 5 developer. In rural areas, land is valued after compensation in accordance with and World Bank policies and best practices 26 at open market value, buildings are the ESS has been made available on implementing relevant during implementation valued at replacement cost, and a 15% and, where applicable, displaced resettlement plans before of the RAPs. to 30% disturbance allowance must be people have been resettled and project completion or on paid if six months or less notice is given moving allowances have been providing resettlement to the owner. provided to the displaced persons in entitlements before addition to compensation In addition, displacement or restriction livelihood restoration and of access. improvement programs will commence in a timely fashion in order to ensure that affected persons are sufficiently prepared to take advantage of alternative livelihood opportunities as the need to do so arises. 10 Livelihood There are no explicit provisions under Livelihoods and living standards are Ugandan policy and ESS 5 shall be restoration and resettlement or relocation for livelihood to be restored in real terms to pre- Legislation does not followed. assistance assistance. displacement levels or better consider livelihood restoration 11 Consultation and There are no explicit provisions for To ensure that resettlement activities While the consultation ESS 5 shall be disclosure consultations and disclosure but there are planned and implemented with requirement is inherent in followed. are guidelines issued by separate appropriate disclosure of information, the EIA, it contains a ministries (e.g. roads and energy). meaningful consultation, and the number of differences informed participation of those with the The Land Acquisition Act, however affected. requirements of Bank makes provision for an enquiry policy, most notably PAPs whereby the affected person can make The Borrower will engage with should be informed of and formal written claim and the affected communities, including host consulted on the RAPs assessment officer is obliged to communities, through the process of including on conduct a hearing before making his stakeholder engagement described compensation benefits award. in ESS10. and development assistance, and be Decision-making processes related to informed of grievance resettlement and livelihood mechanisms related to restoration will include options and the resettlement alternatives from which affected consultation and persons may choose. communication is continuously needed 27 Disclosure of relevant information during the entire time the and meaningful participation of RAP is being affected communities and persons implemented. will take place during the consideration of alternative project designs and thereafter throughout the planning, implementation, monitoring, and evaluation of the compensation process, livelihood restoration activities, and relocation process. The consultation process should ensure that women’s perspectives are obtained and their interests factored into all aspects of resettlement planning and implementation. Addressing livelihood impacts may require intra-household analysis in cases where women’s and men’s livelihoods are affected differently Women’s and men’s preferences in terms of compensation mechanisms, such as replacement land or alternative access to natural resources rather than in cash, should be explored. 12 Grievance Mechanism The Land Act, 1998 states that land The Borrower will ensure that a Grievance committees and dispute resolution tribunals must be established at all grievance mechanism for the project to be instituted within districts. The Land Act empowers the is in place, in accordance with the procedure but Land Tribunals to determine disputes ESS10 as early as possible in project will not replace the and it provides for appeal to higher development to address specific existing legal process ordinary courts. The Land Acquisition concerns about compensation, in Uganda rather it Act provides for the aggrieved person relocation or livelihood restoration seeks to resolve issues to appeal to the High Court. measures raised by displaced quickly so as to persons (or others) in a timely expedite receipt of fashion here possible, such entitlements and grievance mechanisms will utilize smooth resettlement 28 existing formal or informal grievance without resorting to mechanisms suitable for project expensive and time- purposes, supplemented as needed consuming legal action. with project-specific arrangements designed to resolve disputes in an If the grievance impartial manner. procedure fails to provide a settlement, complainants can still seek legal redress. 29 4 INSTITUTIONAL CAPACITY ASSESSMENT FOR IMPLEMENTATION OF THE PREPARED RPF AND RAPS Roles and responsibilities of key players The key stakeholders in the rural electrification program under which the RPF and RAP are to be implemented include the following: 4.1 Minister of Energy and Mineral Development This is the principal political head responsible for Electricity policy formulation, planning and development in Uganda. The Ministry prepares the Energy policy and Strategic plans. The Minister also appoints the members of the REB and submits the RE annual Status Report to Parliament. The MEMD is the lead agency for all energy projects in Uganda. MEMD will collaborate with the Ministry of Local Government to promote the project activities and ensure ownership of the project at local government levels. 4.2 Rural Electrification Fund and the Board Statutory Instrument No. 75 of 2001 (establishment and management of the Rural Electrification Fund), established three inter-related mechanisms for management of Uganda’s Rural Electrification program namely, the Rural Electrification Fund (REF), the Rural Electrification Board (REB), and the Rural Electrification Agency (REA) all supervised by the Ministry of Energy and Mineral Development. REA serves as the Secretariat to the Board whose principal responsibility is to ensure management of the Fund for equitable promotion of electricity access and connectivity. 4.2.1 The Rural Electrification Agency and the Executive Director REA An Executive Director heads REA and is supported by senior managers from Connections Department; Investment Planning and Promotion; Project Development and management (housing the environment and safeguards unit and the Energy for Rural Transformation PIU), Legal and Board Services (housing the Way leaves Unit) and Finance and Administration. In addition, there are functions of Internal Audit headed by Internal Auditor, Procurement and Disposal manned by Head Procurement and Disposal, and public relations. The REA ED, management and entire workforce oversee the rural electrification program in Uganda. REA has efficient and high quality financial and internal control systems to ensure proper utilization of funds, accountability and safeguard against corruption. All procurements are done in accordance with the Public Procurement and Disposal of Public Assets (PPDA) Act and other donor regulations including the World Bank Procurement Guidelines and procedures. Besides, REA has an independent Contracts Committee (CC) appointed by the Secretary to the Treasury in accordance with the PPDA Act. Financial reports are prepared in line with the requirements of the Electricity Act (Establishment and Management of the Rural Electrification Fund) Statutory Instrument No.75 of 2001 and the Public Finance and Accountability Act 2003 and its Regulations. The Office of the Auditor General conducts annual audits of the Financial Statements of REA and reports are presented to Parliament. In addition, REA prepares technical reports that are presented to the Board and the Minister. Annual Reports are also prepared and presented to stakeholders. The Executive Director of REA will be responsible for the Scale-Up project implementation. The project will be housed in the Connections Department at REA which will be its overall Project Implementation Unit (PCU). The unit will be responsible for planning, coordination, monitoring and evaluation, and the implementation of all activities of the project in consultation with the other implementing agencies while closely relating with the Bank. The other external players are stated below: 30 4.3 Ministry of Finance, Planning & Economic Development The Ministry of Finance, Planning and Economic Development derives its mandate and functions from the 1995 Constitution of the Republic of Uganda and other related subordinate laws, including; the Budget Act (2001), the Public Finance and Accountability Act (2003) and acts establishing agencies and auxiliary organizations. Accordingly, the Ministry plays a pivotal role in the co-ordination of development planning; mobilization of public resources; and ensuring effective accountability for the use of such resources for the benefit of all Ugandans. MoFPED will play overarching role of impact monitoring of the Scale-Up especially changes in livelihood indicators. Accordingly, the Poverty Monitoring and Analysis Unit in the Ministry undertake regular M&E of Rural Electrification to assess the impact of the initiatives on the quality of life of the people. REA will coordinate its monitoring and evaluation strategies and operations with the MoFPED. 4.4 Ministry of Gender, Labour and Social Development The mandate of the ministry is to empower citizens to maximize their individual and collective potential by developing skills, increasing labour productivity, and cultural enrichment to achieve sustainable and gender- sensitive development. It is comprise the following administrative directorates: Labour, Employment and Occupational Safety; Social Protection; and Gender & Community Development which promote issues of social protection, gender equality, equity, human rights, culture, decent work conditions and empowerment for different groups such as women, children, the unemployed youth, internally displaced persons, the older persons and persons with disabilities. REA will work closely with the MGLSD to ensure that social risks associated with resettlement such as child labour; Gender Based Violence; labor issues, and other social risks are avoided. 4.5 Ministry of Local Government The Ministry of Local Government is involved in sensitization campaigns at the local level and also advocates for local governments and the rural population to benefit from the project. REA works closely with the Ministry to forge strong linkages with local authorities in the various Local Governments within the project areas. 4.6 Ministry of Health Although the Ministry of Health is not directly involved in the implementation of the Scale-Up project, the projects main objective is to increase access to power through densification and increased connections. Provision of electricity access will ultimately lead to improvement of health institution services such as diagnostic services/laboratory equipment, cold storage for blood and vaccines, water supply pumping and heating, communication, health education and data management. The strategy is to promote the use of electricity and other renewable sources of energy to improve energy efficiency and management in the health sector. 4.7 Ministry of Education & Sports The mandate of the Ministry of Education and Sports (MoES) is to provide quality education and sports services in the country, which are constitutional obligations for the Government of Uganda. The Education and Sports sector therefore is one of the country's key social service delivery sectors and schools. Schools and other training institutions will be among the targeted beneficiaries as a means of improving the quality of education. Access to electricity is expected to enable schools have amenities such as laboratories and students will have the opportunity to study longer hours at night. 4.8 Ministry of Water, Lands & Environment The Ministry of Water, Lands & Environment, Department of Water Development (DWD), aims at improving water supply services through the adaptation of appropriate energy packages to water supply systems in small towns and rural growth centers. REA has to encourage investment in small power projects to support the realization of the vision of “water for all” within the shortest time possible. 31 4.9 Ministry of Works, Housing & Communications, National Forestry Authority (NFA) and Uganda Wildlife Authority (UWA). The Ministry of Works, Housing & Communications is responsible for infrastructure policy and development including: roads and communications. REA collaborates with MoWHC especially on utilization of road reserves. In the same way, REA collaborates with NFA and UWA on utilization of way leaves through forest reserves and national parks respectively. 4.10 Electricity Regulatory Authority The Electricity Regulatory Authority (ERA) was established by the Electricity Act of 1999 as a regulator and licensing authority for electricity projects in the Country. Most electricity activities have to be licensed and the process begins by issue of a feasibility study permit and ends with the issue of a full-blown investment license. ERA works very closely with REA in all stages of licensing and setting of electricity tariffs. ERA also approves the housing wiring certificates for the technicians (wiremen) who are the only ones recommended to wire houses. 4.11 The Uganda Energy Credit Capitalization Company The Uganda Energy Credit Capitalization Company (UECCC) is in place to facilitate investments in Uganda’s high-potential Renewable Energy Sector. UECCC’s mandate is to provide a reliable framework for pooling resources from Government, Investors and Development Partners and to channel the same to viable renewable energy projects. The Company’s main objective is to provide financial, technical and other support for renewable energy infrastructure development in Uganda, with particular focus on enabling private sector participation. In this regard, UECCC provides Technical Assistance and new financing options to facilitate private sector led energy projects. UECCC will utilize portions of Scale-Up resources to facilitate local commercial finance by providing credit enhancement products such as partial risk guarantees, other refinance facilities. 4.12 Private Sector Foundation Uganda-PSFU PSFU is Uganda’s apex body for the private sector made up of 81 business associations, corporate bodies and the major public sector agencies that support private sector growth. Since its founding in 1995, PSFU has served as a focal point for private sector advocacy as well as capacity building and continues to sustain a positive dialogue with Government on behalf of the private sector. Right from its inception, PSFU has been Government’s implementation partner for several projects and programmes aimed at strengthening the private sector as an engine of economic growth. 4.13 Office of Chief Government Valuer The application of the valuation exercise on ground will be done in the presence of at least two local council leaders with the participation of the affected persons. Values assigned to assets will be determined by the District Land Boards and approved by the Chief Government Valuer’s office (CGV). 4.14 Local Government Administration Structures District and Local Council Administration in Scale-Up districts will be vital in implementation of the project by mobilizing political goodwill and sensitizing communities on the project. The District Local Governments through the District Land Boards are also responsible for determining the compensation rates for crops and trees that are usually impacted during the grid line constructions. 4.14.1 District Community Development Officers REA works closely with the Local Government Authorities during project implementation. The CAO usually appoints a focal point officer to coordinate REA project activities and in most cases the Assistant Chief Administrative Officers are appointment. However, the DCDOs come in handy during the sensitization and site meetings with the PAPs given their expertise in dealing with communities. Therefore, DCDOs work closely with 32 the ACAO to assist REA monitor the respective areas of project during implementation to ensure that communities are adequately compensated and the vulnerable categories are given special assistance They will also attend the monthly site inspection meetings for the project and assist in the handling social safeguard issues that may arise during project implementation. 4.14.2 The Contractors The Role of the Contractor, which as per the contract will be accountable for the overall implementation of the mitigation measures and this will be monitored and supervised by REA ’s Senior Social Development Officers (SSDOs). As such, a RAP will be prepared by REA under the Department of Project Development and Management. In the schedule of works, the Contractor will include all proposed mitigation measures, and the Supervising Engineers will also ensure that, the schedules and monitoring plans are complied with. This will lend a sense of ownership to the Contractor. The Contractor on his part will also be responsible for planning, implementing and reporting on mitigation measures to the SSDOs during the execution of the project works. It should however be noted that most contractors disregard social issues and therefore have limited or no capacity to handle social safeguard issues. Therefore, during the procurement of the contractors, the terms of reference must include having a sociologist as one of the team members that must have undergone and training, among others, in land acquisition and resettlement and have working experience since the contractors are core in impacting communities on land acquisition during the execution of their work. 4.14.3 Private Sector The private sector is supposed to play a major role in the implementation of scale up project by:- 1. Investing in the construction projects 2. Operating and managing the project 3. Recouping their investment as well as maintenance and operating costs. 4.15 Capacity Assessment Needs The following action points/recommendations are to be addressed as a result of the MDAs capacity needs assessment for the Uganda Energy Access Scale-Up Project (P166685) undertaken by the World Bank in September 2019: Addressing capacity needs under MEMD 1. Social personnel ( Sociologists/Social scientists and gender specialist) to be recruited 2. The project specific gender component will be anchored in the Safeguards unit for proper coordination purposes. 3. To involve MGLSD, MLHUD, MOLG, etc. in setting up a multi sectoral monitoring committee for the EASP to foster a close project working relationship between MEMD and the relevant MDAs. 4. Introduction of a staff shadowing program as part of project succession planning to ensure transfer of skills from experts on projects to permanent staff at MEMD. 5. Development and integration of a system for documenting best practices in regard to E&S; to benefit institutional memory and also offer lessons to E&S personnel for continual improvement and effective E&S management. 6. Strengthen the capacity of the procurement department to include and social safeguards in preparation of bid documents. 7. Comprehensive training to be provided for members of the E&S committees and working groups on the World Bank’s new ESF/ESS as well as specialized E&S training to broaden the scope of E&S aspects covered by the committees/groups. Addressing capacity needs under REA 1. Devise a mechanism to routinely update Local Governments at the district level, on the progress of projects being undertaken in areas of their jurisdiction. 33 2. After formulation of the IEHSMS, ensure implementation of system requirements aimed at continuously monitoring Occupational Health and Safety measures at the office premises. 3. Develop and resource an engagement mechanism that will ensure that key stakeholders are systematically and continuously engaged throughout the lifecycle of projects. 4. Develop and resource mechanisms to ensure that at the end of projects, hired professional and experienced project personnel can be absorbed into REA in order to harness their experience and skills. Additionally, arrangements should be instituted to ensure that REA’s mainstream E&S personnel tag along Contractor teams and tap from their skills and experiences. 5. Establish a Monitoring and Evaluation framework so that the evaluation component of projects is well covered. 6. Will develop an internal audit mechanism to consistently monitor and improve the implementation of Environmental and Social management measures. 34 5 LAND ASSET CLASSIFICATION, VALUATION AND COMPENSATION It should be noted that under this project no land acquisition is expected and that only temporary access to land for poles erection and stringing is anticipated. Therefore, only crops and trees are the only properties expected to be damaged during project implementation. Valuation and compensation are based on rates set at district level for crops and non-permanent structures. These rates, which are enacted by District Land Boards, are established and updated at district level but approved by the Chief Government Valuer. Under the 1998 Land Act, the District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the following: a) The value of the buildings, which shall be taken at market value in urban areas and at full replacement cost in rural and urban areas; b) The value of standing seasonal crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or licensee. In addition to compensation assessed under this section using existing District rates for crops/trees and full replacement cost for assets, there shall be paid as a Disturbance Allowance of fifteen per cent or if less than six months' notice to give vacant possession is given, and thirty percent of any sum assessed under subsection (1) of this section. 5.1 Valuation for State Owned Land The land asset types identified under Ugandan Law are State Lands and Lands under traditional or customary rights. State owned land may be allocated for free or sold on a commercial basis to individuals or communities by the Minister responsible for land administration. For cases where the state-owned land is being used by the public (for instance as settlements, for farming, for grazing or any other productive activity,) the individual or the community would be expected to pay compensation. Privately owned property, would have to be compensated for land and other permanent property at the market value. The general guiding principle is that whoever was using the land to be acquired would be provided with alternative land of equal size and quality. 5.2 Calculation of Compensation at Full Replacement Cost 5.2.1 Determination of Crop Compensation Rates Market prices for cash crops would have to be determined for each type of crop and tree lost. Valuation for crops and trees is guided by the approved annual District Compensation rates. The authenticity of these rates shall be verified by the assessor against the controlled copy in the office of the CGV. In the absence of updated compensation rates, the rates for the immediate neighboring District shall only be adopted on applied for consent from the neighboring district and on approval of the CGV 5.2.2 Compensation for Cultural Assets including Graves The project should as much as possible avoid affecting such sites. Nevertheless, should land with such sites be traversed, relics should be relocated as much as possible or else or compensated for, in close consultation with 35 affected communities, and the customary rituals should be performed beforehand. Related costs should be included in the budget of the relevant RAP. The project implementing agencies will use the services of a Cultural Resources Specialist to assist in coming up with appropriate measures and compensation rates for these sites whenever the need arises. The contractors also have an option of avoiding to place electric poles directly on these sites. Maximum care should be taken to avoid these sites because relocating them may be undesirable and cumbersome. Furthermore, the designs should be carefully drawn to avoid the placement of poles in graveyards or shrines or other sacred sites and should allow for some adjustments in case they are encountered. 36 6 LAND ADMINISTRATION AND CATEGORIES OF AFFECTED PERSONS 6.1 Jurisdiction of the Framework The following will apply in the implementation of this framework: i. Compensation will be limited to valuations made after the cut-off date, which is the date, the census starts and the date PAPs sign a form detailing the affected properties. ii. All land conflicts will be resolved in a transparent (open) manner and in a manner that is not coercive. Attempts will be made to resolve conflicts at the village, traditional authority or district level. Where this is not possible, legal recourse can be had to State legal institutions on land ownership in Uganda. 6.1.1 Land Acquisitions, Title, Transfer and Term of Ownership Land acquisition in Uganda may be achieved through: i. occupancy by individual persons and by local communities, in accordance with customary norms and practices, which do not contradict the Constitution; ii. uninterrupted occupancy by individual nationals who have been using the land in good faith for at least twelve years before 1995 and; iii. authorization on the basis of an application submitted by an individual or corporate person in the manner established by the Land Law. The Land Law stipulates that a land title will be issued by the Lands Department. However, the absence of a title will not prejudice the right of land use and benefit acquired through occupancy. The application for a land title will include a statement by the local administrative authorities, preceded by consultation with the respective communities, for the purpose of confirming that the area is free and has no occupants. Title to local community land will be issued in a name decided upon by the community and individual men and women who are members of the local community may request individual titles after partitioning community land. The right of land use and benefit can be proven by presentation of the respective title; testimonial proof presented by members, men and women of local communities and by expert evidence and other means permitted by law. Among other modes of land transfer, the Land Law permits the transfer of land by inheritance, without distinction by gender. The right of land use/ownership is not subject to any time limit for the following cases: (i) Where the right was acquired by local communities through occupancy; (ii) Where it is intended for personal residential purposes and; (iii) Where individual nationals intend it for family. 6.2 Categories of Project Affected People (PAPs) The likely numbers of persons who may be affected and displaced during implementation of the Scale – Up project activities cannot be accurately estimated. However, the Project Affected Persons (PAPs) or the persons likely to be displaced economically or physically can generally be categorized into the following main groups. 37 6.2.1 Affected Households A household will be affected if one or more of its members are affected by the project activities. This will be either in the form of loss of property or use of land loss of other assets, or access to services or socio- economic resources. Affected household members may include: i. Any member of the household whether men, women, children, dependent relatives, friends and tenants, ii. Vulnerable individuals who may be too old or ill to farm or perform any duties with the others, iii. Members of the household who are not residents because of cultural rules, but depend on one another for their livelihood, iv. Other vulnerable people who cannot participate, for physical or cultural reasons; in production, consumption, or co-residence. v. Disabled people who may be attached to a particular service center. 6.2.2 Vulnerable Households One of the objectives in the decentralization policy of Uganda targets empowering women by removing restrictive practices on women's participation in decision-making processes that affect them. Particular attention will be paid to impacts on vulnerable members of communities such as women, widows, children, the disabled, female and child headed households, and internally displaced people. Internal conflicts, historical marginalization, poor infrastructure, and diseases still affect the region, with significant impacts on human welfare and quality of life. 6.2.3 Elderly The elderly people farm or engage in other productive activities as long as they are physically able to. Their economic viability does not depend on how much land they farm or how much they produce because, by producing even small amounts of food to “exchange” with others, they can subsist on cooked food and generous return gifts of cereal from people such as their kin and neighbours... 6.2.4 Women Women may depend on husbands, sons, brothers or others for support. In many cases too, women are the main breadwinners in their households, yet in some communities in Uganda, women cannot own land. Also, as mothers and wives, they need access to health service facilities. Women are central to the stability of the household. They will not be resettled in a way that separates them from their households as the survival of their households depends on them. Furthermore, the decentralization policy of Uganda recognizes the plight of women and seeks to encourage employment and the involvement of women in decision-making. Their compensation will take into account all these factors by involving them in the decision making processes regarding compensation. The needs and problems of the women are likely to be different both in character and magnitude from those of men, particularly in terms of social support, services, employment and means of survival. Female heads of households are eligible for the same benefits as their male counterparts but they would need special attention if they lack resources, educational qualifications, literacy and other skills, or work experience compared to men. 6.2.5 Children and Child-headed Households Children and adolescents (especially girls) are important elements in addressing vulnerability. Intergenerational ties link experiences between one generation and the next to the extent that fateful intergenerational experiences get transferred from one generation to the next. This means experiences related with social, symbolic and economic capital (especially high birth and illiteracy rates, and rigid social norms) make children and young girls more vulnerable than others. In many households, due to drop in income and living standards, children may never return to school, instead they are drafted into the labor market or early marriages or into prostitution. The situation even gets worse when children suddenly find 38 themselves in situations where they are the sole bread earners for their younger siblings. This is even truer now in the HIV/AIDS pandemic where many families have had older (parents) breadwinners wiped out. To cope with the sudden social change, older siblings become ‘foster’ parents to their young siblings without any experience family making. Among the affected households, the child headed households are clearly the most vulnerable and consequently they will need special attention in terms of possible loss of livelihood and shelter, development and relocation assistance and management of compensation funds. 39 7 SUB-PROJECT SCREENING 7.1 Project Screening The Involuntary Resettlement Policy requires that all Bank-financed operations are screened for potential impacts, and that the required compensation work is carried out on the basis of the screening results before project implementation begins. Potential socio-economic impacts that will require mitigation measures, resettlement and compensation will have to be identified. The project will be screened to answer the critical questions below: i. Will involuntary resettlement, land acquisition, or loss, denial or restriction of access to land and other economic resources be caused by implementation of the project? ii. Will the project result in the permanent or temporary loss of crops, trees, fruits and household or business infrastructures such as houses, granaries, outside toilets, kitchens, market booths, and other structures; iii. will the project result in loss of community structures (such as churches, wells, schools, sacred sites) etc. 7.2 Preparation of Resettlement Action Plans The screening process is a very important component of several activities that contribute to the preparation of the Resettlement Action Plan (RAP). The RAP will have to specify the procedures it will follow and the actions it will take to properly resettle and compensate affected people and communities. It will have to identify the full range of people affected by the project and justify their displacement after consideration of alternatives that would minimize or avoid displacement. Preparation and submission of the Resettlement Action Plan to the relevant local government authorities and World Bank comprises the following steps: Step 1: The program investment activities to be undertaken and the locations of the investments will undergo preliminary evaluation by REA on the basis of the project objectives. Step 2: REA and implementing contractors will approach the communities impacted through the local government authorities with the view to arriving at a consensus on possible sites for the type of facility to be adopted. Step 3: The Local Communities authorities (village councils, parish/sub-county county and district development committees) will undertake their inter-communal consultations in order to review and understand the project. Step 4: The environmental and social screening process which will be initiated/managed by the Senior Social Development Officers in REA in conformity with the provisions of the ESMF and the RPF screening process. The process will determine: i. whether any resettlement will be required at the chosen site and if so ii. whether alternative sites are available, iii. whether any loss of land, assets or access to economic resources will occur and iv. Whether a RAP needs to be prepared. Step 5: On the basis of analysis of the matrix emanating from the two screening processes a final selection of the optimum site presenting the least negative environmental and social impacts including resettlement /loss of assets will be made by REA. 40 Step 6: Where loss of assets cannot be avoided, REA will determine and decide that the provisions of the World Bank’s ESS 5 will be applied and a RAP prepared. 7.2.1 Resettlement Action Plan In the event that involuntary resettlement cannot be avoided, a comprehensive Resettlement Action Plan will be prepared by REA for the respective subproject. The RAP shall, among others: 1. Establish method for determining a cut-off date for compensation. In accordance with ESS 5, a cut-off date will be determined, taking into account the likely implementation schedule of the activities. To ensure consistency between Ugandan legal requirements and WB policies, this cut-off date is the date the census is initiated. It should be the date of notification to owners/occupiers as provided under the Lands (land act) Act, 1995. It should be cut-off date needs to be widely disseminated widely and in a timely manner. 2. Provide description of different categories of impacted people determined by degree of impact and assets lost. 3. Define criteria to be used in identifying who is eligible for compensation for each category of population impacted. These criteria may include, for example, whether losses are partial or total, whether people have their own land or also rent land, and what happens when buildings are occupied by more than one business tenant or household, and in any event will have to be consistent with ESS 5. 4. Elaborate on amount of losses, ownership status, tenancy status, and any other relevant information. 5. Identify who and how persons will be impacted – along with an identification and quantification of impacts, who will determine eligibility, and how the compensation process will work. 6. Carry out inclusive consultations with affected persons and all other relevant stakeholders 7. Include an Entitlement Matrix that will set out the following: - The different categories of people that may be affected by the project, and show the types of losses such people may suffer, whether to income, rights of access, housing, water sources, proximity to work, and others, and including combinations (house and land, for example). - A user-friendly eligibility criteria, so that those applying the principles to the project “on the ground” will be able to quickly identify whether people affected are eligible for compensation, and how. - A description of who will judge eligibility in difficult cases, for example by the use of neighbourhood or village committees, or outside experts, and how such processes will work. - A definition of categories of people eligible under national law, and, separately, any others who must be compensated because of the requirements of World Bank ESS 5. - A definition the unit of compensation – individuals, families, collectives (or all three, because some losses may be sustained by individuals, others by the community as a whole or by associations within it such as religious or farmers’ groups). 8. Including an implementing mechanism including M&E schedule and 9. Provide guidance on the establishment of a Grievance Redress Mechanism. 10. Describe the budget available for implementing the RAP (plus contingencies) As a general guide the RAP must: 1. Sufficiently justify resettlement as unavoidable. 2. Be based on the baseline study reports and inventory of assets (census and socio-economic studies). 41 3. Uphold the principle of full replacement cost for lost assets, as well as improvement of livelihoods in compensating and assisting affected persons. 4. Contain deliberate activities and mechanisms to enhance capacity to efficiently manage the resettlement process. This must include strengthening existing capacity of all project implementing institutions especially REA which will be involved in resettlement and compensation. The process of preparing the resettlement action plans, in line with the requirements of above, will involve the following: i. A census and a social economic survey shall be carried out to identify PAPs and the prevailing baseline conditions of the project area. ii. The census will generate information about the Impacted Persons, their entitlements regarding compensation and rehabilitation assistance as required. iii. Disturbances, especially those affecting income-earning activities and impact on assets should be properly recorded with the view to compensation or replacement in case of resettlement. iv. Based on the census and inventory of losses, and in consultation with the Impacted Persons, a time-phased action plan with a budget for provision of compensation, and other assistance as required, shall be prepared. To ensure transparency of procedures, PAPs) shall be informed of the method of valuation employed to assess their assets albeit that compensation shall be no less than full replacement cost, in accordance with ESS5. All payments of Compensation, Rehabilitation Assistance, as the case may be, shall be made by the REA in the presence of the PAP(s) in question and a witness, and local officials. REA will be responsible for preparing the RAP, carrying out a census of PAPs and the affected properties, and implementing the resettlement process and compensation. The District Local Governments will monitor this process and give advisory services as required. The project must keep documentation and provide reports that detail what actions were taken in these areas. Vulnerable people will be identified at census stage. Each RAP developed under Scale-Up will make precise provisions with respect to assistance to vulnerable groups, for example amongst assistance possibilities listed above. 7.2.2 Physical Cultural Resources Management Plan The World Bank’s ESS8 on cultural heritage also applies to this project. It is important that the respective Resettlement Action Plans also identify the process for addressing impacts on cultural property (for ex, sacred sites). The Department of Monuments and Museums in the Ministry of Tourism, Wildlife and Heritage acknowledges that physical cultural heritage in Uganda has not been surveyed adequately and that potential monuments and other cultural resources may exist which are not known to it, implying that this is an area requiring further consideration in the project screening process to assist in recognizing potential resources. 42 8 STAKEHOLDER CONSULTATION AND DISCLOSURE PLAN Consultations in relation to the RAP should 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. In this section the key issues arising from the consultations included: concerns about land ownership, access, and compensation.. Public participation and consultations take place through individual, group, or community meetings. Additionally, radio programs and other media forms such as telephone messages may be used to further disseminate information. PAPs are consulted in the survey process; public notices where explanations of the 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, will take into consideration literacy levels prevalent in affected communities; gender, ethnicity and cultural aspects; and practical conditions (like distance).Impacts related to COVID-19 restrictions will be evaluated at the time RAP preparation and relevant measures will be put in place to ensure adequate stakeholder consultation. The consultation process should ensure that women’s p erfectives are obtained and their interests factored into all aspects of resettlement planning and implementation. The role of traditional, political and cultural leaders, including the community elders, in the participation strategy will be important. Each RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. Two steps of information and consultation are proposed to be implemented in the course of the preparation of RAPs: 1. Initial information: i. This step should coincide with the cut-off date (information should not be delivered in advance of the cut-off date to avoid encroachment by new arrivals), ii. Basic information will be provided to potentially affected people on the Project, and resettlement and compensation principles as they are outlined in this RPF, in a manner and form that is accessible to them, and can be easily understood iii. The engagement of the PAPs will take the form of one or more public meetings at project areas. 2. Consultation on draft RAPs: once these are available in draft form, they should be discussed with the affected communities, whose comments will be incorporated into final documents. 8.1 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) 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 43 8.2 Consultation Phases 8.2.1 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 the effectiveness of the questionnaire through feedback. Focus group meetings with women, farmers’ associations, individuals who own farms, etc., as well as primary and/or secondary schools, health centers, and agricultural cooperative unions are usually good sources for establishing the community baseline situation and will be used. 8.2.2 Implementation phase During implementation, PAPs will be informed about the project activities proposed in their area, their rights and options, as well as grievance redress mechanism. 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. 8.2.3 Community involvement and sensitization The affected persons should be engaged in active consultations as soon as it is anticipated that they might be impacted by project activity and they should have access to the Resettlement Action Planning and be encouraged to provide input. Consultations should happen in local language where possible; and women should be consulted separately if that is more appropriate. The consultation process should 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. 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. In cases where Vulnerable and Marginalized Groups (Iks and Batwas) are to be impacted, consultations will be carried out in a culturally sensitive manner, as guided by the project’s Vulnerable and Marginalized Group Framework (VMGF) and Stakeholder Engagement Framework (SEF). 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: 1. Meaningful and inclusive (all groups and gender) information and consultation to take place before the process leading to displacement is launched in each particular location concerned by the project, 2. A specific grievance registration and processing mechanism to be put in place 8.2.4 Monitoring and evaluation phase PAPs representatives will be invited to participate in the sub-project workshops at mid-term and at the end of RAP implementation. To the extent possible, each 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[s] 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 project. Prior to completing implementation of a RAP, PAPs will be invited to participate in a feedback survey as part of that RAP’s independent impact evaluation exercise. 44 8.2.5 Notification Procedure Affected persons will be notified in both a formal (in writing) and an 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 temporarily to access land earmarked for the project. 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: 1. The Project’s proposal to access the land; 2. The public purpose for which the access is wanted; 3. That the proposal or plan may be inspected at REA or the CAO’s office 4. 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; 5. List the cut-off date detailing that in-migration after this date will not receive compensation. 8.2.6 Documentation The names and addresses of affected persons will be compiled and kept in a database including records of claims and assets. REA will maintain records of these persons in a confidential manner, as well as the CAO. The records are also important especially for future monitoring activities. . 8.2.7 Contract Agreement A listing of all property being impacted and the types of compensation (both cash and kind) will be prepared. The lists 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. 45 9 ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES 9.1 World Bank Criteria for Determining Eligibility for Compensation According to the World Bank ESS5 criteria for eligibility of affected persons will be determined through involvement of the affected community in identifying any adverse impacts and assessing of the significance of the impacts. 9.2 Consideration under the Project Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified in the desk studies and field consultations (census and socio-economic studies). Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be made to PAP households and individuals as the case may be, special attention shall be paid to ensure that the women in the household are present when compensation is paid. Women landholders whether or not they are heads of households, shall be compensated directly. Cash compensations will be made for crops and trees. The PAPs will be paid via three alternative channels depending on their preference. Mobile money via the Government E-Cash platform, bank payments or physical cash payments at the village level using mobile banking. In addition to these entitlements, households who are found in difficult situations and are at greater risk of impoverishment (i.e. widowed household heads, households without employment, single parent households etc.) as identified by the census will be provided with appropriate assistance by the project. Assistance may be in form of food, temporary accommodation, medical subsidy, employment referrals or priority employment in project activities. It is not possible to provide an exhaustive list of such persons at this project preparatory stage. However, based on an understanding of the social structure of the rural community and the nature of the projects, it is possible to suggest that the most likely affected persons will comprise both individuals and communities as a whole including women, other vulnerable groups. 9.3 Cut-off date In accordance with ESS5, a cut-off date will be determined, taking into account the likely implementation schedule of the activities. To ensure consistency between Ugandan legal requirements and WB environment and social standards, this cut-off date should be the date that the census starts because is when the PAPs are identified and hence notification to owners/occupiers as provided under the Lands (land act) Act, 1995. Once the relevant approvals have been provided the Project Implementation Team from REA will develop a compensation program. For these particular The entitlement cut-off date refers to the time when the census begins i.e. assessment of persons and their property in the sub-project area is carried out, once the sub-project area has been identified. At around the same time, the site-specific socio-economic study will take place. After the cut-off date, no new cases of affected people will be considered. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas thereby posing a major risk to the project. The dates will then be communicated to the community through their respective representatives at the village level, sub counties and at the Districts. Where there are clearly no identified owners or users of assets, the respective Regional Lands Board and Land Use Administration will notify the community leaders and representatives to help to identify and locate the land users. These leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The user(s) will be informed through both formal notification in writing and by verbal notification delivered in the in the presence of the community leaders or their representatives. 46 9.4 Eligibility Criteria for Compensation Determination of the eligibility of the bona fide occupants of the properties to be compensated shall be done through a transparent and legal process, taking into consideration all the existing laws of Uganda and policies of the World Bank and local customs, albeit that in case of inconsistency between these standards, the one most advantageous to the PAPs shall apply. Compensation at replacement cost for buildings and market prices for crops and trees will be paid only to those persons, who prior to the cut-off date: 1. Have formal legal rights or a valid claim to the impacted assets 2. Who have property (for ex. a house, crops, trees, or business) situated in the area identified for development. The Entitlement Matrix below shows will show the types and number of affected people, the types and quantity of losses, and the forms and amounts of compensatory actions that will be taken for each type. 47 Table 4: Entitlement and Compensation Matrix (Replacement cost) Type of Impact Entitled Person Compensation Entitlement Cash compensation will be made using rates determined by the respective district land boards, plus disturbance allowance. Perennial Crops and/or Farmer/Tenant/Leaseholder/ Cash compensation will be based on number Trees affected Squatter type age and productive value of affected trees + 10% premium ( Government Agencies like NFA may provide land for REA to plant trees as a form of compensation) Cash compensation for the harvest of affected crops and trees equivalent to the full replacement cost over three years or the compensation rates as established by the District Land Boards in collaboration with the Chief Government Valuer – whichever is higher plus Standing Seasonal crops Farmer/Tenant/Leaseholder/ disturbance allowance. affected Squatter For those destroyed during pole planting and stringing, same principle as above will apply. In certain cases, PAPs will be given enough notice to harvest standing seasonal crops. Cash compensation for affected building and other fixed assets at full replacement cost Landowner Right to salvage material without deduction from compensation, plus disturbance allowance. Permanent and temporary structures affected Cash compensation at full replacement cost for affected assets (verifiable improvements to the land or leased property by the PAP -e.g. Rental/Lease holder and fence, buildings) Squatters/informal dwellers Right to salvage materials without deduction from compensation, plus disturbance allowance 48 9.5 Women, Children and other Vulnerable Groups Vulnerable groups will be at risk of becoming more vulnerable due to project impacts. They include households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged or handicapped, households whose members are impoverished, or households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized are considered to majorly comprise vulnerable people. Assistance to these vulnerable groups of people may include: 1. 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); 2. Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery; Women comprise a disproportionately large number of the poor in the country due to gender discrimination which limits women’s access to resources and opportunities necessary to improve the standard of living for themselves and their families. As a result, women are often the first to suffer when resettlement is planned or executed badly. Women with children also have less physical mobility to travel to find ways of earning a livelihood. One of the immediate and practical initiatives to be considered is ensuring that compensation entitlements for a particular household are issued in the name of both spouses. 9.6 Specific Compensation Components The extent of land acquisition impact could not be established since the technical designs and details have not yet been developed and the land needs have not yet been fully identified. These impacts will be determined when the RAPs for the specific routes are finalized. However, it is worth noting that REA only compensates for Crops and Trees which fall in the required wayleaves of the power line. Determination of Crop Compensation Rates Prevailing prices for cash crops are determined by the respective district land boards and approved by the Office of the Chief Government Valuer. This rate should incorporate the value for the crop depending on its age. 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. The project will survey and update construction material prices on an on-going basis. Compensation for Seasonal crops REA does not compensate for seasonal crops because of their short maturity period. PAPs will be given a three months’ notice in which they will be able to harvest their crops. Compensation for Perennial crops, trees including fruit trees and public trees managed by National Forestry Authority 49 Given their significance to the local subsistence economy, perennial crops and trees including fruit trees will be compensated on a combined replacement value. Fruit trees commonly used for commercial purposes in Uganda will be compensated at replacement value based on age of the tree. Where power lines will pass through planted forests by NFA, compensation shall be made to NFA or to the lease holder in case the land was leased to an individual for tree planting. 9.7 Key Valuation Methods In Uganda, values for compensation of assets are determined by the Chief Government Valuer. The process, however, normally takes consideration of depreciation and the market values. The World Bank policy of compensation at full Replacement Cost shall be adopted instead in case there is absolutely no way to avoid permanent acquisition of land. Houses and other structures - it is the full market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labour and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. 50 10 PROCEDURE FOR DELIVERY OF COMPENSATION 10.1 Consultation and Public Participation Consultation and public participation with the PAPs will be needed as part of the preparation of the RAPs and throughout RAP implementation. This consultation and public participation will be on-going process that will be expected to continue in all stages. This will ensure that all affected individuals and households are well informed and adequately involved in the entire compensation and resettlement process. 10.2 Notification of Land Resource Holders All PAPs identified in the census will be informed through the consultation process above. Consultation and information should not be limited to clearly identified owners or users of land to be impacted, REA, and the respective local government administrations through the lands officers and the local council leaders of the respective communities where the land is located will be solicited to help identify owners or users in order to sensitize them on the project and its implications. 10.3 Documentation of Holdings and Assets REA through a consulting firm will undertake a detailed social economic survey and a census of all losses that will result for each household, enterprise, or community affected by the Scale-Up project (regardless of their legal status). The survey will have to account for loss of physical assets as well as loss of income temporary or permanent resulting from economic displacement of household members from employment or income-generating resources. Assets held collectively, such as water sources, livestock grazing areas, irrigation systems, cultural resources, sacred sites and community structures will be recorded separately. The local government structures i.e. the LGs and the lower councils (LCs 1-3) will assist the RAP implementation team with all verification of data and information related to the PAPs during the compensation payment processes. 10.4 Procedures for Payment of Compensation In case of cash compensation, payment will be made in the following ways: (a) By agreement between the REA and the PAPs or entities (individuals /households /communities: i. The REA will offer compensation in cash or kind complying with the entitlement matrix at full replacement cost to the entity who may accept that amount as compensation payable to the PAP; ii. Such sums will be disbursed directly to the beneficiary entity with the relevant records of payments consigned to the RAPs (b) By court order on the amount of compensation where this has been the subject of litigation between the REA and the Affected Entity. (c) Compensation to women landholders shall be paid to them directly & where male head of household is paid cash compensation, women of the family shall be enabled to witness. 10.5 Role of Office of Chief Government Valuer The application of the valuation exercise on ground will be done in the presence of at least two local council leaders with the participation of the affected persons. Values assigned to assets must be based on the full replacement costs at local market rates. Where this is not possible, a Government Valuer will be engaged to do this. In the event that a Government Valuer handles this process, the depreciation cost will not be imputed and the consent of the affected person on the outcome of the process must be sought in order to arrive at agreements on the total profile of losses and compensation. 51 11 MANAGEMENT AND MONITORING OF RPF IMPLEMENTATION 11.1 Setup of Resettlement Management Teams The Resettlement Management Teams will be setup to implement the RAPs and will consist of three smaller teams namely: REA Social and Environmental Safeguards unit – The unit will be responsible to ensure that all safeguards are conformed with during the resettlement process. REA wayleaves unit will be responsible for organizing and ensuring that compensations payable to PAPs are made in line with the provisions and procedures of this RPF and the relevant RAP prepared hereunder. Grievance Redress Committee (GRC) - The Grievance Redress Committee will be responsible for receiving and logging complaints and resolving disputes. The GRC will work with the REA to resolve each grievance or dispute to ensure that redress actions are implemented. If affected persons are not satisfied the grievance redress structures, they will be entitled to seek redress through the District Land Tribunals or Ugandan Courts of Law. It is important that the GRC be set up as soon as resettlement plan preparation starts. Disputes can arise from census operations and it is therefore important that the mediation mechanisms be available to cater for claim, disputes and grievances at the early stage. Monitoring and Evaluation Team - The Monitoring and Evaluation Team will be responsible for the monitoring of the RAP implementation program to ensure that stated targets are met and project affected persons are duly compensated in line with the RAP requirements. 11.2 Implementation of the RAP on the Ground The implementation activities will be under the overall guidance of the REA. In addition, the District Local Governments will be heavily involved in all resettlement, relocation and compensation efforts for subprojects where resettlement is indicated. Each district in Uganda has a five-tier Local Government structure which operates from the lowest level known as the Local Council I through to the Local Council V at the District Headquarters. This structure is a political set up whose office bearers are elected into their positions. There is a parallel administrative structure at each Local Government level composed of technical public officers whose appointments are based on the required qualifications and experience for the respective technical offices. These are headed by the CAO who is also the Accounting Officer of the district. All projects which require resettlement have to closely liaise with the Local Government Administration to ensure equity, acceptability and compliance. 52 12 GRIEVANCE REDRESS MECHANISM For Scale-Up project the Dispute Resolution and Grievance Mechanism will depend on Local grievance redress committees (LGRC) which will be initiated at the village or Sub County level to record grievances and also help in mediation. These committees will comprise the LC I Chairperson, a trusted village elder, a religious representative, a PAP representative and specific vulnerable group (preferably a woman) representatives of relevance to the village i.e. women and the disabled who will be elected by the PAPs save for the LC I who is known and may not necessarily be a PAP. Disputes will be resolved at the village level as far as possible. At the District Level, the Grievance Redress Committee will be established [as an appeal mechanism] to deal with any grievances unsettled at the village level. The Grievance Redress Committee at the district level will at a minimum comprise the LC3 representative, representatives of vulnerable groups, District Land Officer/Surveyor, District Community Development Officer and a Senior Social Development Officer from REA who will oversee and coordinate grievance issues at the village level including setting up of LGRCs. They will also provide guidance on grievance resolution as well as compiling records of all project related grievances raised and their mediation for all project areas. Grievance Logbooks and related logistics, training and orientation of LGRCs will also be provided. A grievance redress mechanism to address issues from Vulnerable and Marginalized Groups will be established (as required) following guidance provided in the VMGF. The GRM will also be made sensitive to issues of Gender Based Violence (GBV)/Sexual Exploitation and Abuse (SEA) that might result from the influx of labor into affected communities and disputes around compensation monies. Guidelines for prevention and response to such cases are detailed in the Project’s Environmental and Social Management Framework (ESMF). They include measures such as (i) the requirement for project workers to sign enforceable codes of conduct, (ii) periodic sensitization of workers and communities about the issue, and (iii) the establishment of referral pathways for eventual cases. Grievance Redress Committee members will be trained to refer such cases to the appropriate actors, which include District Probation Officers, Police, etc. 12.1 Grievance Prevention There are many ways to proactively solve issues before they even become grievances. Implementers should be aware and accept that grievances do occur, that dealing with them is part of the work, and that they should be considered in a work plan. Implementers should do the following: 12.1.1 Provide sufficient and timely information to communities. Many grievances arise because of misunderstandings; lack of information; or delayed, inconsistent, or insufficient information. Accurate and adequate information about a project and its activities, impacts, remedial measures and an approximate implementation schedule, should be communicated to the communities, especially PAPs, regularly. Appropriate communication channels and means of communication should be used. 12.1.2 Conduct meaningful community consultations. REA should continue the process of consultation and dialogue throughout the implementation of the project. Sharing information, reporting on project progress, providing community members with an opportunity to express their concerns, clarifying and responding to their issues, eliciting communities’ views, and receiving feedback on interventions will benefit the communities and the project management. Community Expectations When Grievances Arise When local people present a grievance, they generally expect to receive one or more of the following: 1. Acknowledgment of their problem 53 2. An honest response to questions about project activities 3. An apology 4. Compensation 5. Modification of the conduct that caused the grievance 6. Some other fair remedy. In voicing their concerns, they also expect to be heard and taken seriously. Therefore, REA must convince people that they can voice grievances and the project will work to resolve them without retaliation. Procedures and Time Frames There is no ideal model or one‐size‐fits‐all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local systems, and project conditions and scale. In its simplest form, a grievance mechanism can be broken down into the following primary components: i. Receipt and registration of a complaint. ii. Screening and validation of the complaint. iii. Formulation of selection of a response. iv. Select a resolution approach, based on consultation with affected person/group. v. Implement the approach. vi. Settle the issues. vii. Track and evaluate results. viii. Learn from the experience and communicate back to all parties involved. 12.1.3 Build capacity for project staff, particularly community facilitators and other field‐level staff or Contractors The field‐level staff of REA or Contractors should be provided with adequate information on the project such as project design, activities, implementing schedules, and institutional arrangements as well as enhanced skills in effective communication, understanding community dynamics and processes, negotiation and conflict resolution, and empathizing with communities and their needs. Building trust and maintaining good rapport with the communities by providing relevant information on the project and responding effectively to the needs and concerns of the community members will help solve issues before they even become grievances. It is also important that field ‐level staff and Contractors provide regular feedback on their interactions with the communities to REA. 12.2 Mechanism under Scale - Up Local grievance redress committees (LGRC) will be initiated at the village or Sub County level to record grievances and also help in mediation. This committee will comprise the LC I Chairperson, a trusted village elder, a religious representative, an elected PAP representative and specific vulnerable group representatives including women and the disabled. Disputes will be resolved at the village level as far as possible. At the District Level, the Grievance Redress Committee will be established to deal with any grievances unsettled at the village level. The Grievance Redress Committee at the district will at a minimum comprise the LC3 representative, representatives of vulnerable groups, District Land Officer/Surveyor, District Community Development Officer and a Senior Social Development Officer from REA who will oversee and coordinate grievance issues at the village level including setting up of LGRCs, provision of Grievance Logbooks and related logistics, training and orientation of LGRCs, and providing advice on grievance resolution as well as compiling records of all project grievances raised and their mediation for the whole district. The grievance mechanism for the implementation process is as follows: 54 a. The LGRC will interview the PAP in the local language and complete a Grievance Form, which will be signed by the leader of the LGRC and the PAP/complainant. This will then be lodged in the Grievance Log/Register provided by the SSDO; b. The PAP should expect a response from the LGRC within seven days of filing the complaint. If the issue is not resolved, the LGRC will forward the complaint to the GRC at the Sub-county level, which is more accessible to local Communities. At this level the Assistant CDOs will be the focal point persons, and members would be the LC III Chairperson, Sub-county Chief, Councillor of the Parish where the PAP comes from. If the grievance is still not resolved at this level then it is forwarded to the District; c. The GRC at the District will be given a fourteen day notice to hold a meeting. Two days after the meeting, the GRC will call the PAP and LGRC for discussions and resolution. The resolution will be presented to the PAP in written form within the same day of the meeting; d. If there is no resolution to the grievance, the GRC at the district and the PAP shall then refer the matter to the District Land Tribunal for land-related issues and to REA head office for all other grievances; e. Appeal to Court - The Ugandan laws allow any aggrieved person the right to access to Court of law. If the complainant still remains dissatisfied with the District Land Tribunal or REA top management in Kampala, the complainant has the option to pursue appropriate recourse via judicial process in Uganda. Courts of law will be a “last resort” option, in view of the above mechanism 12.3 Steps of the grievance process are described below. The grievance mechanism will be funded through relevant Stakeholder Engagement Plans and the implementation process will be as follows: 1. PAPs will approach any member of the GRC to lodge their complaints since all GRC members will act as focal persons at the village level 2. All grievances will be recorded in the logbook. 3. Some cases will be resolved there and then; it could be just information. However, in case a complaint requires urgent attention, the GRC Chairperson will call for an ad-hoc meeting to resolve the matter as fast as possible and in the most appropriate manner. If necessary, REA’s Senior Social Development Officers will be invited to attend such meetings. 4. For cases that are simple, feedback will be given immediately to the affected PAP. It is expected that the GRC will be able to resolve simple complaints and give the PAP immediate feedback. For those that require further investigation, an appointment will be given to the PAP for the next monthly GRC meeting. 5. The GRC will interview the PAP in the language preferred by the PAP after which a Grievance Form will be completed and signed by the Chairperson of the GRC and the PAP/complainant. This will then be lodged in the Grievance Log/Register provided by the GRC member designated as secretary of the committee; the complainant will be given a complaint reference number. 6. The PAP should expect a written response from the GRC within two weeks of filing the complaint. If the issue is not resolved, the GRC will forward the complaint to REA through the REA’s Senior Social Development Officers who will also forward it to REA’s internally constituted GRM or the District Land Tribunal for land-related issues. Complaints that are criminal but not related to land shall be referred to the relevant government authorities such as Uganda Police, Probation and Welfare Office with the guidance of the area Local Council who will be members of the WGC. 7. Appeal to Court - The Ugandan laws allow any aggrieved person the right to access to Courts of law. If the complainant still remains dissatisfied with the District Land Tribunal for complaints related to land 55 the complainant has the option to pursue appropriate recourse via judicial process in Uganda. Courts of law should be a “last resort” option, in view of the above mechanism however PAPs are free to seek redress with the courts of law after exhausting all the GRM levels. Figure 1 illustrates the steps to be followed by the GRCs to resolve grievances 56 Registration of grievance by secretary of GRC Treatment of grievance by GRC Closure of grievance by GRC Is Complainant Satisfied with Resolution of grievance? Y Resort to Mediation E Committee N S O Closure of complaint Grievance processing by mediation committee Response of the Mediation Committee Is Complainant Closure of complaint Satisfied with Resolution of grievance? Y E S One or the other party Resorts to Justice Fig 1: Complaints resolution flow chart 57 13 Monitoring of the RPF 13.1 Purpose The monitoring and evaluation will be the main mechanism to alert the project of any delays and problems and these activities will help measure the extent to which the main objectives of the RPF have been achieved. Monitoring aims at correcting implementation methods during the course of the Project, as required, while 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. Monitoring will be internal and evaluation external. The purpose of the internal monitoring and evaluation will be to verify that: 1. 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. 2. Compensation is done on schedule and in accordance with the RPF 3. All funds are spent on the line items for which they are budgeted for and affected persons are satisfied with the resettlement process. 4. All grievances and complaints are channelled correctly and appropriately attended to. 13.2 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: 1. 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; 2. Evaluation of the mid- and long-term impacts of the Resettlement and Relocation Action a. Plan on affected households’ livelihood, environment, local capacities, on economic development and settlement. Through the monitoring and evaluation, REA will establish a reporting system for this RPF and each project RAP that will: (i) Provide timely information to the project about all resettlement and compensation issues arising as a result of resettlement related activities; (ii) Identify any grievances, especially those that have not yet been resolved at the local level and which may require resolution at the higher levels; (iii) Document completion of project resettlement and compensation that are still pending, including for all permanent and temporary losses; and (iv) Evaluate whether all PAPs have been compensated in accordance with the requirements of this RAP and that PAPs have better living conditions and livelihoods. 13.3 Overall Mechanism To ensure that the implementation of resettlement is executed in line with this RPF, the activities will be monitored and evaluated internally by a Monitoring and Evaluation team at REA at the national level and 58 on ground at the District level. The REA/other Agencies will undertake the routine internal monitoring and evaluation of the implementation of the resettlement issues so as to ensure that all the responsible units follow the schedule and comply with the principles of the resettlement plan. An evaluation program will be implemented periodically to also check on compliance with action plan and provide lessons to amend strategies, especially in the longer term. Progress will be reported against a schedule of required actions. The arrangements for monitoring the resettlement and compensation activities will also fall under the overall responsibility of LGs. The LGs will institute an administrative reporting system that: a) alerts project authorities to the likelihood of impact on land in the project activities design and technical specifications; b) provides timely information about the assets valuation and negotiation process; c) reports any grievances that require resolution, and d) documents timely completion of project resettlement obligations (i.e. payment of the agreed- upon); e) Updates the database with respect to changes that occur on the ground as resettlement and compensations activities are being implemented. Annual evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation of the individual sub project activities; and whether the PAPs enjoy the same or higher standards of living than before. A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs and DPs, to determine and guide improvement in their social well-being. Therefore, monitoring indicators to be used for different RAPs or ARAPs will have to be developed to respond to specific site conditions. Independent monitoring as for example by NGOs can be arranged from time to time to validate the program implementation. NGOs will also help with monitoring and validation of the implementation of the safeguards instruments as well as help in monitoring of payments to communities. 13.4 Internal Monitoring and Evaluation The objectives of internal monitoring and supervision will be: 1. to verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the resettlement policies provided by World Bank standards and guidelines; 2. to oversee that the RAPs are implemented as designed and approved; 3. to verify that funds for implementation of the RAP are provided for by MEMD or GoU in a timely manner and in amounts sufficient for their purposes, and that such funds are utilized in accordance with the provisions of the RAP The main internal indicators that will be monitored regularly include: 1. that entitlements are in accordance with this RPF and that the assessment of compensation is carried out in accordance with agreed procedures; 2. payment of compensation to the PAPs under the various categories is made in accordance with the level of compensation described in the RPF and RAPs; 3. public information and public consultation and grievance procedures are followed as described in the RPF and RAPs; 4. relocation and payment of subsistence and shifting allowances are made in a timely manner; and 5. restoration of affected public facilities and infrastructure are completed prior to construction 59 13.5 Monitoring and Evaluation Indicators The evaluation will be based on current WB procedures and also national provisions on resettlement/compensation. The main indicators will include: 1. income levels before-and-after the RAP; 2. access to livelihoods and employment; 3. changes in standards of housing and living conditions; 4. number of grievances and their status, time and quality of resolution; 5. number of individuals and families to re-establish their pre-resettlement activities, in terms of other alternative incomes; 6. number of demolitions after giving notice, and 7. number of PAPs paid in a given period in comparison with what was planned 13.6 Indicators A number of Objectively Verifiable Indicators (OVIs) shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing. Therefore, monitoring indicators to be used for the RAP will have to be developed to respond to specific site conditions. As a general guide, Table 5 provides a set of indicators that can be used. Table 5: Types of Verifiable Indicators Evaluation Monitoring Outstanding compensation or resettlement contracts not Outstanding individual compensation or completed before next agricultural season. resettlement contracts. Communities unable to set village-level compensation Outstanding village compensation payments. after two years. Grievances recognized as legitimate out of all complaints All legitimate grievances rectified lodged. The existence (or not) of people/entities not considered for Inclusion of all affected parties in the compensation compensation process Pre-project production and income (year before land used) Affected individuals and/or households versus present production and income of resettlers, off- compensated or resettled in first year who have farm-income trainees, and users of improved mining or maintained their previous standard of living at agricultural techniques. final evaluation. Pre- project production versus present production (crop for Equal or improved production per household. crop). 60 13.6.1 Indicators to determine status of affected people A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of participation in project activities compared to before, how many kids in school compared to before, health standards, etc). 13.6.2 Monitoring Tools 1. Questionnaires with data stored in a database for comparative analysis (before-after and with- without); 2. Documentation and recording of PAPs situation, including subsequent uses of assets/improvements; 3. Relocation/resettlement and Compensation Reports, including status of land impacts; percentage of individuals selecting cash or a combination of cash and in-kind compensation; proposed use of payments; 13.6.3 RAP Implementation Evaluation and Audit The end of project audit will verify results of monitoring of RAP implementation indicators, and assess whether the project achieved the resettlement objectives. A specific measure of whether livelihood and living standards have been restored or enhanced will be completed. The audit will also assess the efficiency, effectiveness, impact, and sustainability of RAP sub-project activities. The aim is to learn lessons for application to future sub-projects or other projects in the sector and in the country. Finally, the audit will ascertain whether the resettlement entitlements were appropriate, as defined in the RPF guidelines. This evaluation takes place at the end of the RAP implementation and the implementing agencies are responsible for undertaking this evaluation and a budget to this effect should be availed. The evaluation report will include: i) a summary of RAP performance the project; ii) a compliance review of RAP implementation process; and iii) a progress report on the quality of RAP implementation in terms of application of guidelines provided in this RPF 13.6.4 Reporting The monitoring unit will submit periodic (preferably bimonthly) reports to the REA and copied to the MEMD. The report will at least cover status of compensation disbursement, nature of complaints, redress actions and follow-ups. The implementation of the RPF and subsequent RAP will form part of bi-annual reports to funding agency (IDA). 13.6.5 Annual Reviews The annual audit/evaluation of RPF implementation, and as applicable RAP implementation in sub- project(s), includes: (i) a summary of RAP performance of each sub-project; (ii) a compliance review of RAP implementation process; and (iii) a progress report on the quality of RAP implementation in terms of application of guidelines provided in this RPF similar to the process outlined in the ESMF. 13.6.6 Disclosure This RPF will be disclosed in compliance with relevant Ugandan regulations and The World Bank ESS 5. After The World Bank’s review and approval of the RPF as part of the overall proposed project for funding, 61 the implementing agencies coordinated by MEMD shall share the final RPF with all other relevant Ministries, Local Governments and Institutions; it will also be disclosed in-country in the known public media like newspapers and relevant ministry website for all interested person to read and know the details and at the World bank’s Infoshop. Subsequent RAPs developed will also be cleared by the World Bank and disclosed in-country and in the project areas and at district offices. Where relevant, these documents should be disclosed in a culturally appropriate manner (i.e. local languages, etc.) 62 14 RPF BUDGET AND FUNDING 14.1 Budget to Implement RPF At this stage, it is not possible to estimate the likely number of people who may be affected. This is because the technical designs and details have not yet been developed and the land impacts have not yet been fully identified. The budget will be developed from the specific social assessment studies (census and socio-economic surveys) and mitigation/livelihood restoration measures to be developed. Each RAP will include a budget that will cover resettlement activities including compensation cost for affected assets, and assistance, and provide for contingencies. The cost will be derived from expenditures relating to: (1) The preparation of the resettlement/compensation action plan, include cost of consultation and outreach; (2) Relocation and transfer, (3) Income and means of livelihood restoration plan, and (4) Administrative costs (5) Estimated contingency needs 14.2 Estimates and Funding Sources This section presents the budget estimates for implementation of the Resettlement Action Plans (RAP). However, detailed budgets will be developed during the preparation of the Resettlement Action Plans (RAP). The proposed cost is estimated at USD 4.6 million. RPF Budget The budget, implementation timing and responsibilities are presented in Table 6. Table 6: Proposed RAP Budget S.N Component Timing Responsibility Amount (USD) 1 Development and implementation of Before project REA, UECCC and 3,000,000 approximately Eight (8) Resettlement implementation MEMD and project Action Plans (RAP) for different geographical implementation regions of Uganda including: partners i. Northern ii. West Nile iii. North East iv. Eastern v. Central vi. Western vii. Southern viii. Island districts Kalangala Buvuma Buyende etc (Since these have unique social economic setups) 2 Capacity building: Before and REA, UECCC and 500,000 a) Recruitment of Environmental Specialists, during project MEMD Social Development Specialists, Gender implementation Specialists, Procurement Specialists and 63 | P a g e Communication and Stakeholder Engagement Specialists by EASP Implementing Agencies b) Training District Technical Officers and in World Bank’s Social and Environmental Safeguards requirements and EIA process in Uganda. c) Training MEMD, REA and UECCC Social and Environmental Focal Persons in World Bank’s Social and Environmental Safeguards requirements and EIA process in Uganda. d) Training of sector Ministries, Departments and Agencies as well as refugee settlement focal persons and host community leaders and technical leaders on the World Bank and national environmental and social requirements 3 Monitoring RAP implementation process to Monitoring to be REA, UECCC, 500,000 ensure all compensation is completed and done every MEMD, Local other social safeguards are adhered to. quarter Governments and throughout the GRCs project implementation period. 4 Facilitation of stakeholder engagement (one During project REA, UECCC and 300,000 meeting every Quarter, throughout the implementation MEMD project implementation period) 5 RAP Audit After project REA, MEMD, 300,000 Implementation UECCC Total (USD) 4,600,000 64 | P a g e 15 CONCLUSION AND ACTION POINTS 15.1 Summary and Conclusions For Uganda to shift from a peasantry to an industrialized and largely urban society which is consistent with the country’s overarching Vision 2040, electricity as a form of modern energy has to be its engine to propel it forward. The project will support interventions designed to increase access to modern energy in Uganda. The project is expected to have positive overall environmental impact through promoting renewable energy generation and energy efficiency. Based on the preliminary assessments as the specific locations of the subprojects are unknown at this point, overall, the impacts of the EASP project will be of small scale, localized and of short-term nature which can be effectively mitigated through the mitigation measures proposed and by strictly following the requirements and guidance in this RPF. Access to common assets/resources and improved livelihoods of project affected persons, due to potential impacts on land for infrastructure development if any, will be addressed in an inclusive manner. This RPF provides a step-by-step guidance on how to identify potential adverse social impacts from project activities, and how to plan, implement and monitor measures to mitigate them. This Resettlement Policy Framework (RPF), sets out the guidelines for the resettlement action plans (RAPs) to be prepared for any subproject that triggers the Involuntary Resettlement. 65 | P a g e SECTION 3: ANNEXES ANNEX 1: World Bank Resettlement Policy Framework (RPF) This template is extracted from the ESS5—Annex 1: Involuntary Resettlement Instruments The purpose of the resettlement framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects or project components to be prepared during project implementation. Once the subproject or individual project components are defined and the necessary information becomes available, such a framework will be expanded into a specific plan proportionate to potential risks and impacts. Project activities that will cause physical and/or economic displacement will not commence until such specific plans have been finalized and approved by the Bank. The resettlement policy framework covers the following elements: a) a brief description of the project and components for which impacts on assets is required, and an explanation of why a resettlement policy framework rather than a resettlement plan is being prepared; b) principles and objectives governing resettlement preparation and implementation; c) a description of the process for preparing and approving resettlement plans; d) estimated displacement impacts and estimated numbers and categories of displaced persons, to the extent feasible; e) eligibility criteria for defining various categories of displaced persons; f) a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; g) methods of valuing affected assets; h) organizational procedures for delivery of compensation and other resettlement assistance, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; i) a description of the implementation process, linking resettlement implementation to civil works; j) a description of grievance redress mechanisms; k) a description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements; (l) a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and l) arrangements for monitoring by the implementing agency and, if required, by third-party monitors. 66 | P a g e ANNEX 2: OUTLINE FOR PREPARING A RESETTLEMENT PLAN (RAP) This template is extracted from the ESS5—Annex 1: Involuntary Resettlement Instruments The scope of requirements and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about: i. the proposed project and its potential impacts on the displaced persons and other adversely affected groups, ii. appropriate and feasible mitigation measures, and iii. the legal and institutional arrangements required for effective implementation of resettlement measures. Minimum elements of a resettlement plan 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: a) the project components or activities that give rise to displacement, explaining why the selected land must be impacted for use within the timeframe of the project; b) the zone of impact of such components or activities; c) the scope and scale of impacts on structures and other fixed assets; d) any project-imposed restrictions on use of, or access to, land or natural resources; e) alternatives considered to avoid or minimize displacement and why those were rejected; and f) the mechanisms established to minimize displacement, to the extent possible, during project implementation. 3. Objectives: The main objectives of the resettlement program 4. Census survey and baseline socioeconomic studies. The findings of a household-level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures and other fixed assets to be affected by the project. The census survey also serves other essential functions: a. identifying 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; b. information on vulnerable groups or persons for whom special provisions may have to be made; c. identifying public or community infrastructure, property or services that may be affected; d. providing a basis for the design of, and budgeting for, the resettlement program; e. in conjunction with establishment of a cutoff date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and f. establishing baseline conditions for monitoring and evaluation purposes. As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: i. land tenure 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 project area; ii. the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; and 67 | P a g e iii. social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g. community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal framework. The findings of an analysis of the legal framework, covering: a. the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; b. the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project; c. laws and regulations relating to the agencies responsible for implementing resettlement activities; and d. gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps. 6. Institutional framework. The findings of an analysis of the institutional framework covering: a. the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; b. an assessment of the institutional capacity of such agencies and NGOs/CSOs; and c. any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. 9. Community participation. Involvement of displaced persons (including host communities, where relevant): a) a description of the strategy for consultation with, and participation of, displaced persons in the design and implementation of the resettlement activities; i. a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; ii. a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them; and iii. institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure 68 | P a g e that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 10. Implementation schedule. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 11. Costs and budget. Tables showing categorized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Monitoring and evaluation: Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 14. Arrangements for adaptive management: The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. Additional planning requirements where resettlement involves physical displacement When project circumstances require the physical relocation of residents (or businesses), resettlement plans require additional information and planning elements. Additional requirements include: 1. Transitional assistance: The plan describes assistance to be provided for relocation of household members and their possessions (or business equipment and inventory). The plan describes any additional assistance to be provided for households choosing cash compensation and securing their own replacement housing, including construction of new housing. If planned relocation sites (for residences or businesses) are not ready for occupancy at the time of physical displacement, the plan establishes a transitional allowance sufficient to meet temporary rental expenses and other costs until occupancy is available. 2. Site selection, site preparation, and relocation. When planned relocation sites are to be prepared, the resettlement plan describes the alternative relocation sites considered and explains sites selected, covering: a. institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is better or 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. identification and consideration of opportunities to improve local living standards by supplemental investment (or through establishment of project benefit-sharing arrangements) in infrastructure, facilities or services; c. any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; 69 | P a g e d. procedures for physical relocation under the project, including timetables for site preparation and transfer; and e. legal arrangements for regularizing tenure and transferring titles to those resettled, including provision of security of tenure for those previously lacking full legal rights to land or structures. 3. Housing, infrastructure, and social services. Plans to provide (or to finance local community provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services (e.g schools, health services); plans to maintain or provide a comparable level of services to host populations; any necessary site development, engineering, and architectural designs for these facilities . 4. Environmental protection and management: A description of the boundaries of the planned relocation sites; and 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). 5. Consultation on relocation arrangements. The plan describes methods of consultation with physically displaced persons on their preferences regarding relocation alternatives available to them, including, as relevant, choices related to forms of compensation and transitional assistance, to relocating as individual households families or with pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and for relocation of, or retaining access to, cultural property (e.g. places of worship, pilgrimage centers, cemeteries). 6. Integration with host populations. Measures to mitigate the impact of planned relocation sites 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 in support of planned relocation sites; c. arrangements for identifying and addressing any conflict that may arise between those resettled and host communities; and d. any measures necessary to augment services (e. g. education, water, health, and production services) in host communities to meet increased demands upon them, or to make them at least comparable to services available within planned relocation sites. Additional planning requirements where resettlement involves economic displacement If land acquisition or restrictions on use of, or access to, land or natural resources may cause significant economic displacement, arrangements to provide displaced persons with sufficient opportunity to improve, or at least restore, their livelihoods are also incorporated into the resettlement plan, or into a separate livelihoods improvement plan. These include: i. Loss of access to land or resources. For those whose livelihood is affected by loss of land or resource use or access, including common property resources, the resettlement plan describes means to obtain substitutes or alternative resources, or otherwise provides support for alternative livelihoods ii. Support for alternative livelihoods. For all other categories of economically displaced persons, the resettlement plan describes feasible arrangements for obtaining employment or for establishing a business, including provision of relevant supplemental assistance including skills training, credit, licenses or permits, or specialized equipment. As warranted, livelihood planning provides special assistance to women, minorities or vulnerable groups who may be disadvantaged in securing alternative livelihoods. iii. Consideration of economic development opportunities. The resettlement plan identifies and assesses any feasible opportunities to promote improved livelihoods as a result of resettlement processes. This may include, for example, preferential project employment arrangements, support for development of specialized products or markets, preferential commercial zoning and trading arrangements, or other 70 | P a g e measures. Where relevant, the plan should also assess the feasibility of prospects for financial distributions to communities, or directly to displaced persons, through establishment of project-based benefit-sharing arrangements. iv. Transitional support. The resettlement plan provides transitional support to those whose livelihoods will be disrupted. This may include payment for lost crops and lost natural resources, payment of lost profits for businesses, or payment of lost wages for employees affected by business relocation. The plan provides that the transitional support continues for the duration of the transition period. 71 | P a g e ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM Template of complaints registration forms Complaint No.: Village: Sub county: District: Project Name: (To be filled by Secretary of Village GRC) Complaints Registration Forms Name of Complainant: NIN or village IDs: Contact Address: Contact Number: Nature of Grievance or Complaint: Environmental: Social: VAC: Gender: Health & Safety: Labor Influx: Other: Details of grievance or complaint: Details of Action taken by the GRC: Was the complainant satisfied? If no, what actions have been taken? 72 | P a g e Recipient REA GRC Complainant Village GRC Signature: Signature: Signature: Name: Name: Name: Dated: Dated: Dated: Members Present What are the recommended follow up actions? 73 | P a g e ANNEX 4: TEMPLATE OF GRIEVANCE LOG OF VILLAGE LEVEL GRC Dat e: / / Complaint No. Reference No. Registration Village Date Summary of Complaint: Summary of supporting documents: Summary of 1st Hearing Summary of Field Visit’s: 74 | P a g e Summary of 2nd Hearing Decision of the GRC * Supporting documents include copy of certificate of title or land purchase agreements, witness statements, photographic documentation etc. 75 | P a g e ANNEX 5: RELEVANT LOCAL LEGISLATION AND GUIDELINES Property Rights and Land Rights Law / Regulation There are four land tenure systems in Uganda, as recognized by Ugandan law. Mailo, Land Act 1998 Freehold, Customary, and Leasehold. The Constitution (1995) restored all private tenure regimes, divested the state and the Uganda Constitution 1995, Land Commission of radical title to all land and vested this directly in the citizens of Uganda. Article 237 All land is vested in the citizens of Uganda. Land Act 1998 Customary tenure: Land Act 1998 Is governed by rules generally accepted as binding and authoritative by the class of persons to which it applies, in other words, “customary regime” is not governed by written law. Is owned in perpetuity Customary occupants are occupants of former public land, and occupy the land by virtue of their customary rights; they have propriety interest in the land and are entitled to certificates of customary ownership Certificates for customary ownership may be acquired, through application to the Parish Land Committee and eventual issuance by the District Land Board Freehold tenure: Land Act 1998 Derives its legality from the Constitution and its incidents from the written law Involves the holding of land in perpetuity or of a period less than perpetuity fixed by a condition Enables the holder to exercise, subject to the law, full powers of ownership. Mailo tenure: Land Act 1998 Has roots in the allotment of land pursuant to the 1900 Uganda Agreement Derives its legality from the Constitutions and its incidents from the written law Involves the holding of land in perpetuity Permits the separation of ownership of land from the ownership of developments on land made by a lawful or bona fide occupant Enables the holder to exercise all the powers of ownership, subject to the rights of those people occupying the land at the time of the creation of the mailo title and their successors. 76 | P a g e Leasehold tenure: Land Act 1998 Is created either by contract or by operation of the law Is a form under which the landlord or lessor grants the tenant or leasee exclusive possession of the land, usually for a period defined and in return for a rent. The tenant has security of tenure and a proprietary interest in the land 77 | P a g e “Licence” or “Share Cropper” Land Act 1998 Although only these later forms of tenure are legally defined under the Land Act, the context of common law also recognizes the statute of “licensee” or “sharecroppers”, these terms having similar meanings in practice. Licensees are persons granted authority to use land within for agricultural production. Traditionally, such production would be limited to annual crops. Licensees have no legal security of tenure of any propriety right in the land. Their tenure is purely contractual. Every person in Uganda has the right to own property. Constitution (1995) Article 26 Law / Land Acquisition Regulation The government and local authorities have statutory power to compulsorily acquire land. Constitution: Article 26(2) and Article 237(2) Land Act (1998) The minister responsible for land may authorize any person to enter upon land and survey the Land Acquisition Act land dig or bore the subsoil or any other thing necessary for ascertaining whether the land is (1965) suitable for a public purpose. Fixing the value for land in Uganda depends on whether it is public (Government owned) or Land Act of 1998 as privately owned according to land tenure types indicated in the section of land acquisition. If amended in 2004 it is public land, the Chief Government Valuer‟s office fixes the rates of compensation. However, if it is owned privately, the developer will negotiate with the owner and agree on the amount to pay for the land to be acquired. Value for customary land is open market value, buildings on land is taken to be on Land Act of 1998 as replacement costs in rural areas, 15% and 30% (of total sum assessed) disturbance allowance amended in 2004 is to be paid if less than six months or six months notice respectively is given up to vacant possession. It is the responsibility of the developer to engage a professional Valuer to carry out an None cited assessment of all structures and assets in the affected area. However, rates for structures/buildings in urban areas are fixed by the Chief Government Valuer‟s Office 78 | P a g e It defines a road reserve as that area bounded by imaginary lines parallel to and not more than Roads Act (1964) fifty feet distant from the centerline of any road, and declared to be a road reserve. No person shall erect any building or plant, trees or permanent crops within a road reserve. Roads Act (1964) The road authorities are permitted to dig and take materials from the road reserve for the Roads Act (1964) construction and maintenance of roads. The Town and Country Planning Act of 1964 gives broad powers to planning authorities at Town and Country the national and local level to take land, against compensation, for public purposes within an Planning Act 1964 approved planning area. Each District Land Board adopts its own compensation rates. As a result, variation exists None cited among the different districts. The rates are reviewed each year. 79 | P a g e Article 26(2) of the Constitution provides that: “No person shall be compulsorily deprived of Constitution (1995), property or any interests in or any right over property of any description except where the Article 26(2) following conditions are satisfied. The taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health and The compulsory taking of possession or acquisition of property is made under a law which makes provision for: o Prompt payment of fair and adequate compensation, prior to the taking or acquisition of the property, and o A right of access to a court of law by any person who has an interest or right over the property. “Where the assessment officer takes possession of land, the land shall immediately by the Land Acquisition Act operation of this act be vested in the land commission free from all encumbrances” 7(2) “the Uganda Land Commission shall hold and manage any land in Uganda which is vested in Land Act (2004) or acquired by the government in accordance with the constitution and perform such Section 49 as other amended functions as may be prescribed by or under this Act or any other enactment.” specifically under subsections (a) and (d) The Government or Local Government may acquire land in public interest. Article 237(1) Law / Compensation Regulation Prompt payment of fair and adequate compensation prior to the taking possession or Constitution 1995 acquisition of the property. Prompt payment of fair and adequate compensation to all interested parties on the land. Electricity Act (1999), Part VIII Compensation for affected people should be determined according to the Land Act (1998) and Electricity Act (1999) the Land Acquisition Act (1965). Electricity Regulatory Authority has the power to handle claims for compensation for land Electricity Act (1999) acquired. The Government is supposed to pay compensation (cash) to any person who suffers damage Land Acquisition Act 80 | P a g e as a result of any action. Any dispute as to the compensation payable is to b referred by the (1965) Attorney General to court for decision. The basis for compensation is depreciated replacement costs for rural properties and market Land Act (1998) values for urban properties. Section 78 Each District Land Board adopts its own compensation rates. As a result, variation exists None cited among the different districts. The rates are reviewed each year. Dispute Resolution and Grievance Mechanisms Law / Regulation Land Tribunals must be established at all local governments and all land disputes must first be Land Act (1998), processed through them before any resort can be made to ordinary courts. Article 75 Traditional authority mediators retain their jurisdiction over land disputes. Land Act (1998), Article 89 81 | P a g e ANNEX 6: DETAILS OF THE DISCUSSIONS AND KEY ISSUES RAISED DURING STAKEHOLDER CONSULTATIONS Appendix 7.1: Stakeholder: Ministry of Tourism, Wildlife and Antiquities Start: 10:54 AM End: 12:35 PM Date: Monday 10th Feb 2020 Venue: MoTWA Headquarters, Rwenzori House, Nakasero, Kampala Chair: Mr. Owor VEC Question Response Vulnerable Project may displace • Document the information about the project for the Groups and affect the culture of vulnerable groups elderly and children • RAP studies to document the PCRs, map project impacts and mitigation measures • Engage the Batwa that live near the PAs. The Batwa live near Bwindi NPP and Semuliki NP. The Batwa should be treated as Refugees. • Consider Karimojong as a marginalized group Heritage sites Lack power connection Karamoja Regional Museum, Wadilai Fort and Fort Patico should be prioritized for power connection under the EASP. This will aid tourism and education Refugee How can the EASP Support the MoTWA to introduce cultural resource camps project work with your centres for Refugee camps ministry? Refugee Grid densification may • Support relocation of the Physical Cultural camps impact on graveyards resources and other cultural sites • Support appeasement ceremonies during relocation of PCRs Intangible How can project • Engage caretakers of the intangible sites spiritual sites implementers identify • Work with the Local Leaders and the Cultural such sites? institutions during the mapping and relocation process Stakeholders Who should the team • Consult Department of Culture at MoGLD for to be engaged look out for as key input on the PCRM stakeholders within the • Consult the Department of Museums and sector? Monuments • Consult cultural institutions such as Buganda Kingdom and other Cultural Institutions on the country side • Consult WWF UCO on the Clean Cooking component. WWF has implemented many projects and documented Lessons, challenges and opportunities. • Engage the Uganda Hotel Owners’ Association to generate the lodges that are in dire need of 82 | P a g e VEC Question Response the power connection. UHOA is a great private Sector player Negative Excavation during the 1. REA should engage UWA during the project Impacts grid densification may scoping exercise to identify plant species that impact on the may be endangered and need to be avoided. vegetation, etc Facilities in List the facilities that 1. Focus on Protected Area Headquarters that do need of would be beneficiaries not have electricity or that are being run by off- electrification for this project grid systems 2. Some Park Headquarters may benefit from off- grid component to spur tourism 3. UWA should provide the priority list for PA Headquarters that should benefit from the EASP 4. Consider connecting the Eco-tourism facilities/lodges within the protected areas for either off-grid on on-grid electrification to enhance foreign exchange. The Eco-tourism facilities owners are willing to sustain this power usage 5. The communities near the National Parks such as Karamoja need off-grid systems Collaboration How can the project 1. MoTWA will participate in stakeholder implementation team engagement at the Protected Areas work with your ministry to ensure project success? Equity There is a tendency to 1. Priority should be given to the communities take power away from near the power generation areas the power generation 2. The benefits should not be for the elites and the sites those who are already resourced Clean energy How can the project • Subsidizing gas is one of the biggest promote the use of clean opportunities for relieving forests from energy for cooking? degradation for charcoal. • The urban setting needs subsidized gas as a clean cooking energy source. This will save Ugandans from indoor pollution and associated diseases. • The country should be zoned based on feasible clean cooking technologies. • Feasible sustainable cooking fuel in and around protected areas is needed as an incentive for their conservation efforts • Solar Water Supply Schemes for water 83 | P a g e VEC Question Response stressed areas such as Karamoja, etc. Policies Which policies should 1. Uganda Wildlife Act, 2019 the engagement team 2. The Tourism Act take into consideration 3. The Museums and Monuments Act when developing the RPF? 84 | P a g e Stakeholder: National Forestry Authority (NFA) Start: 9:45 AM End: 12:04 PM Date: Tues 11 Feb 2020 Venue: NFA Headquarters, Bugolobi, Kampala Chairperson: Ms. Justine Aheebwa VEC Question and Response response Collaboration/partn What aspects should erships the Ministry consider • Undertake stakeholder analysis before selection of important in the partnerships development of the resettlement Policy • Undertake a livelihoods analysis to document the framework energy needs before EASP is implemented. Mandate of NFA What is the Mandate NFA is mandated to manage sustainably CFRs and of NFA supply quality forest products and services to the people of Uganda, including Forest adjacent communities and the Marginalized and the vulnerable groups Vulnerable and How does NFA Marginalized identify Vulnerable • The Batwa (Mt. Rwenzori), Tepeth (Kotido) , groups and Marginalized Ndorobo (Benets) and the Ik (Moruongole) are groups? marginalized • NFA staff is also vulnerable because of attacked by forest encroachers Grievance Redress How should • Map the causers of the grievances before the Mechanism grievances be grievance is managed. handled? • The existing legal frameworks should be used in Grievance redress Endangered How will the project The NFTPA 2003 provides a framework for Species affect species of conservation of endangered species and should be conservation followed by the EASP RAP implementation team. significance? Preference would be avoidance of species of conservation concern. Culture How should cultural The culture of the people should be respected by the aspects by handled staff that will be carrying out work and the areas of at project level cultural significance should be avoided as much as possible to avoid disturbance to the lines. Stakeholder How should • The venues should be selected to enable meaning engagement meaningful participation. engagement be • TV/Radio/Role Plays may be explored for reaching carried out? out to stakeholders based on the circumstances. • Stakeholder mapping will be necessary. • Use appropriate language during stakeholder engagements (the commonly used local dialect that is widely understood in the project areas). • Stakeholder analysis/mapping is needed before 85 | P a g e VEC Question and Response response EASP is implemented. • Forest adjacent communities are widely distributed in CFRs in Uganda and they need to be compensated. Refugees How does NFA • NFA has a partnership with the UNHCR to provide interface with fuel woodlots and the restoration of degraded CFRs Refugee settlements and distribution of seedlings to refugee settlements and the host communities. • Refugee settlement is ad hoc. They are settled near CFRs. The environment has suffered from refugee settlement in Uganda because of their settlement in and around CFRs or Protected Areas, demand for wood fuel, water among other resources. • Their livelihoods should be restored holistically including provision of clean water, fuel wood, education, etc. • According to the international refugee law, the Refugees should be settled at least 100 Km from the mother country and the refugees should be settled at least 50 Km from the protected areas. NFA Policies What are NFA • NFA gives 3-6 months grace period for guiding Policies guiding encroachers to vacate the CFRs and to resettlement of resettlement of enable them harvest their crops encroachers encroachers? • Vacation Orders are issued before the encroacher is told to leave the CFR • NFA does not compensate encroachers • NFA restores the degraded forests after the encroachers have left the forest reserves. Enclaves How should persons • The people who reside in the enclaves in in forest enclaves be Mabira, Budongo and Bugoma should be compensated? compensated if there property is lost. Monitoring and How should the • Set clear performance indicators Evaluation of the compensation • NFA uses staff across the country that can EASP aspects be monitored support M&E function and evaluated. • A national multi-sectoral M&E Team should be formed to monitor EASP. Compensation of How should • Be mind full of providing compensation to encroachers compensation to the encroachers in CFR as this will legitimize their stay forest encroachers be in the forest reserves. handled? • NFA and MLHUD have embarked on cancellation of illegally acquired land titles in the CFRs. Threatened Tree What species should • Juneperous procera (pencil cedar) Is an endemic Species we pay attention to termite resistant and used by the Ik for construction during • Policious pulva is used for bee hive making compensation? • Prunus africana is used to treat cancer 86 | P a g e VEC Question and Response response • Podocarpus melejanous, P. gratioli (Mt. Elgon) P. usambalensis (Sango Bay) are endemic species in Uganda • Osyris lanciolata (African sandal wood). Used for processing of highly priced perfumes • NFA recommends domestication of this species and landscape/ecosystem restoration approach during EASP implementation. • NFA manages over 1.6 Million Ha of Uganda’s land. 87 | P a g e Stakeholder: Uganda Wildlife Authority Start: 10:12 AM End: 11:33 AM Date: Thurs 13 Feb 2020 Venue: UWA Headquarters, Kampala Chairperson: Mr. Edgar Buhanga, Director-Planning and Policy, UWA. VEC Issues raised Recommendations UWA Mandate UWA is a semi-autonomous institution mandated to manage wildlife in National Parks and other areas for the benefit of the people of Uganda Prohibited activities in What aspects of • Settlements are strictly prohibited in Protected National Parks and WLR compensation Areas should we pay • Connecting power to encroachers in Protected attention to during Areas should be AVOIDED because this will be project a form of legitimizing the their stay implementation? Refugees There are refugees at Katonga Wildlife Reserve. Other Wildlife Reserves do not have refugees Management of negative How can the • Follow the mitigation hierarchy ie. impacts negative impacts Avoidance (divert the lines), Minimize be effectively (burry the cables, painting poles with managed to limit green and choose the best routing compensation options, avoid the existing tourism aspects too. routes, Use the Off-grid infrastructure that blends with the National Parks, Work with UWA during the design phase for the grid expansion and densification component), Offsets: follow UWA Guidelines for Offsets • UWA has operational guidelines. Working mechanisms with the Rangers, Waste Management and the Visual intrusion management and entrance fees for third parties. • The PIUs should hold meetings with UWA on the issue of entrance fees Stakeholders • Hoteliers, Researchers e,g WCS, WWF, AWF, Tour Operators • Consult the Department of Museums and Monuments (DMM) for the archaeological sites UWA Sites that need • On-grid solutions will be required at the electrification UWA Headquarters e.g Isasha • Off-grid systems are needed at the Outposts • UWA will provide the lists. • UWA recommends the EASP team to visit the Chief Wardens in Kidepo Valley 88 | P a g e VEC Issues raised Recommendations Conservation Area, Murchison Falls CA, Kibale Conservation Area, Bwindi and Muhangahinga, Queen Elizabeth CA, Lake Mburo CA, for more details on energy needs Best technologies in The buried power lines are preferred in National Protected Areas Parks to sustain the aesthetic value and avoid visual intrusion. Grievance Management • UWA faces animal-human conflicts. Crocodiles and hippos keep attacking fishermen who interfere with breeding grounds and habitats • There are encroachers who enter the park through unauthorized routes get animal attacks. • UWA Community Conservation Department is in charge of grievance management. • Trenching and electric fencing is being undertaken by UWA to manage human- wildlife conflict • Compassionate compensation (medical bill settlement, burial expenses, etc) are being implemented by UWA. • The Uganda Wildlife Act, 2019 provides a schedule for compensatable risks in Protected Areas. Marginalized and Vulnerable • Marginalized and vulnerable groups are groups not in the Protected Areas. The Batwa that used to live in the Bwindi Conservation Area and Semliki NAP has been reintegrated with the local communities. • The Ndorobos/Benet moved into Mt. Elgon National Park after selling their land to other people. • The risks associated with the livestyles of the VMGs are well known to the District Community Development Officers. 89 | P a g e VEC Issues raised Recommendations Communication models for All communication should be channelled through EASP the office of the Executive Director-UWA. 90 | P a g e Stakeholder: Ministry of Gender, Labour and Social Development Start: 10:05 AM End: 11:55 AM Date: Friday 14 Feb 2020 Venue: MoGLSD Headquarters, Kampala Chairperson: Mr. Bernard Mujuni, Commissioner and Equity, MoGLSD. VEC Question Answer Labour laws, What policies and • Equal Opportunities Policy, Gender Policy, provide policies, guidelines laws are in place to for the minorities in Uganda. guide the • The ESMF, RPF, VMGF, SEF and ESCP is a good resettlement issues categorization of the safeguards documents. • The RPF should include the Livelihood Restoration. • Social Capital should be valued and compensated for. The value people attach to their physical features, origin, social networks. • Intangible culture is critical to people such as voluntary savings, etc. • Power should be generated to spur economic growth and development. Marginalized and • Fishing communities vulnerable groups • Forest communities • Mining communities • Mobility of PWDs may be affected by the power lines. The EASP activities should leave these groups better than before Positive impacts Women and girls will benefit from power and lighting that will reduce incidences of rape MGLSD recommends equitable access to electricity Labour and • EASP to develop a Labour Force Management employment Plan management • Document the number of jobs and quality (casual, semi-skilled and skilled labour) that will be created by EASP • Employ locally available labour and expertise in the EASP. • Social impact • EASP to use the Social Impact Assessment assessment and tool developed by MoGLSD. monitoring • The Social Impact Assessment and Accountability Bill is before the First Parliamentary Council (FPC) at Ministry of Justice and Constitutional Affairs • MoGLSD is available to support Project Implementing Agencies in assessment, management and monitoring of social impacts 91 | P a g e VEC Question Answer and risks. Influx of labour • Ensure contractors insure workers under the Workers’ Compensation Act against injuries and other risks Community • EASP should develop Community Engagement engagement Plans • Use First Prior and Informed Consent (FPIC) during stakeholder engagement • Refugees • Develop a strategy for dealing with Internally Displaced Persons (IDPs). • Provide power to refugee host communities to promote equity and ameliorate conflicts Stakeholders • Engage the Civil Society Organizations in the implementation of EASP to avoid or minimize litigation • Faith Based Organizations • Use Community Development Officers • Undertake Capacity building for other relevant Ministries, Departments and Authorities, especially the Social Development Sector in order to support EASP implementation. • Continue with stakeholder engagement at all stages of the EASP implementation • Develop a Communication Strategy to create synergies with other MDAs • Use social media, radio, drama, skits, Local Leaders, TV, print media, etc as may be appropriate for various segments of the stakeholders • Always include MoGLSD among the stakeholder engagement and IEC materials Culture • Engage the Department of Culture at MoGLSD to develop the capacity on culture management during EASP • Always engage the Department of Culture in advance to avoid emergency response when cultural aspects impede project activities Gender • Engage women (at least 30%) in all levels of EASP implementation RAP/LRP • Families are separated after receiving compensation • Follow-up after compensation is needed to ensure family stability after project implementation • Livelihood options should be proposed by the 92 | P a g e VEC Question Answer affected households • Involve the Physically Displaced Persons (PDPs) in the design of the resettlement houses Cultural disruption How do you think The pole erection gangs use vulgar language and the project will Codes and conduct should be signed by Contractors disrupt the culture and their workers. Employment • EASP should use the existing frameworks e.g District Labour Officers • Capture the information on the employment opportunities created by EASP and share with the Employment Division of MoGLSD • Undertake skilling of the rural people in order for them to participate in the project • Sourcing for Contractors should be done locally and fairly especially for off-grid. The PWDs, Youth, Women, Girls should be trained to take up off-grid opportunities. HIV/AIDS • HIV/AIDS Management Plan be developed for EASP. • M&E Plan for HIV/AIDS in the Project Areas. • Put in place HIV/AIDS control, treatment, counseling and referral mechanisms. • HIV/AIDS Information, Education and Communication (IEC) materials be provided. • Sustained HIV/AIDS sensitization is needed. Gender • Information, Education and Communication (IEC) on considerations defilement should be produced during the EASP. • Empower the parents and girls in the project area using the MoGLSD Parenting Guidelines. Grievance Redress How best can • Set up an effective GRM for project-affected persons. Mechanism grievances be There should be independent redress systems from handled in the the project. project? Occupational, What are the safety • EASP PIUs should ensure occupational, safety Safety and Health aspects to consider and health plans are developed during the during the RAP project. process? • The poor people who are forced to live under the electricity grids should be considered in the Livelihood Restoration Plans to minimize cancer Project Approval • Fast-track project approval activities before the process campaign season commences Way forward • Hillary to compile and submit all policy and legal documents to MEMD. 93 | P a g e Stakeholder: Ministry of Lands, Housing and Urban Development Start: 09:37 AM End: 10:50 AM Date: Tuesday 18 Feb 2020 Venue: MLHUD Headquarters, Kampala Chairperson: Mr. Emmanuel Kaganzi, Commissioner Physical Planning, MLHUD. VEC Issues raised Recommendations Mandate Mandate of Physical planning, land use, housing and land administration, MLHUD etc. Risks to the What aspects • There is need to engage more with the indigenous Vulnerable and of Vulnerable communities and the Child Headed households, elderly Marginalized and and rural village communities. groups Marginalized • Vulnerability assessment should be undertaken before groups should connection of houses. be handled • Other vulnerable and marginalized groups are fisherfolks, during RAP informal sector and the nomads and these should be considered and given special consideration. • Some vulnerable groups may be asked to pay money (extortion) hence increasing their vulnerability. There is need to sensitize the beneficiaries. • Will the power tariff be reduced to cater for the vulnerable and marginalized groups? Stakeholder Stakeholders • Map out stakeholders, agree on meeting hours, methods, consultations to be venues and allocate the budget for implementation of the consulted Stakeholder Engagement Plan (SEP). during the • There is need to map all the groups and geographical valuation locations for the EASP. process • Stakeholders should be engaged before right of way clearance. Fruit trees and bananas plants are usually cut. • Consent should be free and fair. The consent to be translated in the local languages and copies retained by the affected persons and the Local Governments. • Consult the District Land Boards, the District Physical Planning Committees. How the project can By working with the CGV’s office during property assessment involve MLHUD in and valuation since it’s the office mandated to approve the monitoring and valuation report. supervision of the EASP Environment, • Tree cutting should be undertaken after obtaining health and safety consent or compensation risks associated with the project Specific policies, • Compensation of crops is based on District Land laws and Rated as per the Land Act. regulations that • Rates from the mother or neighbouring districts are should be referred applied for Districts without Land Rates to in the 94 | P a g e VEC Issues raised Recommendations preparation of RPF Entitlement matrix What should • Crops and fixtures affected by the Medium Voltage (MV) be considered lines because they are considered as service poles and in the lines. Entitlement • REA does not compensate for land. matrix for the • And there is no disturbance allowance provided. different categories of PAPs Grievance Redress How should • The frameworks should be set up at the District Level Mechanism grivances be to handle grievances handled Gender Based Violence Management Likely impacts of • The resettlement should not disrupt the community the Resettlement networks aspects of the • Multiple resettlements should be avoided since they may project cause psychosocial issues. Action Plans for the • The grid expansion and densification RPF by REA does resettlement Policy not award Disturbance Allowance but pays for crops based on the District Rates. • Need to develop livelihood Permits required for Work permits from DOSH, MGLSD the EASP Critical staffing Surveyors are needed to map the affected areas requirements for the EASP The valuers are also needed for valuation of affected properties Compensation for • The cultural practices such as outdoor cooking intangible cultural should be considered during the feasibility studies aspects Urban • EASP should also focus on Local Economic Development Infrastructure e.g agro-processors/grain millers during the feasibility studies to spur rural development Way forward • Ms. Jacqueline Nnassuna, a sociologist with the ministry is to coordinate the provision of more information, policies, reports and a meeting with the Housing Directorate. 95 | P a g e Stakeholder: Department of Museums and Monuments (DMM) Start: 11:25 AM End: 1:03 PM Date: Wednesday 19 Feb 2020 Venue: DMM Headquarters, Kampala Chairperson: Ms. Catherine Ajambo, Research and Conservation Officer, DMM. VEC Issues raised Recommendations Mandate of DMM Protect and conserve the cultural heritage of Uganda DMM has the National Museum in Kampala, Soroti Museum and Kabale Museum Vulnerable and What would the impacts of the • The most elderly will suffer emotional Marginalized project activities on the attachment to the burial sites and the Groups communities? villages. • The young may be displaced to a new site and lose their cultural attachments. • Document the new resettlement sites and undertake relocation of PCRs • Establish community cultural resource centres for affected communities. Stakeholder What strategies can be applied • Some communications should be made in Engagement for effective Stakeholder writing to the RDC, CAO, LCVs before Engagement strategies commencement of the project (medium, timing of implementation communication) • Use the local language and local community assistants during stakeholder engagements • Use local radio station with wider listenership. • Use the day time for interacting with the local communities for effective communication, especially after consultation with the local leadership. Refugees What compensation issues • Undertake appropriate measures to may arise in the refugee relocate graves and other PCR within the settlements refugee camps. • Work with the refugees and camp management in the protection of Physical Cultural Resources. Grievance Redress • Balance the benefits among the refugees Mechanisms and host communities to minimize conflicts • Develop the GRMs • Use the local leaders at District and Sub- County and cultural leaders during grievance management 96 | P a g e DMM sites that • Moroto Museum in Moroto District should benefit from • Fort Patiko in Gulu District the EASP public • Fort Wadilai in Pakwach District institution • Fort Emin Pasha in Moyo District component • Bigo Byabagenyi Cultural Site in Kabero Village in Sembabule District • Batwa Cultural Village through a detailed engagement process with graduates and the cultural leaders. • Community museums and sites • DMM to provide a list of monuments, forts and sites that should benefit from EASP. Positive Impacts of Benefit to communities and public the EASP institutions Negative Impacts of What are the negative impacts • Collect the cultural materials for archiving EASP of the project? Access roads to at the DMM electrical installations will • Set up or enhance regional cultural adversely impact on the centres as repositories for cultural cultural materials through materials that will be recovered during the exposure project • Compensation and relocation of cultural site devalues the tangible and intangible resources. Cultural materials What Potential cultural In volcanic areas; paleontological materials maybe affected by resources, shrines, burial sites, the project activities Central and western Uganda; built heritage such as fortification, terraces, ancient agricultural sites and artworks Zoological, plant and fossils; biodiversity survey shall be needed to document the fossil remains. The felling of shea butter trees in West Nile is an offence hence the need to engage conservationists at DMM and rural communities Resettlement Policy What policy do you have in • DMM is developing the guidelines Framework terms of compensation of for relocation of physical cultural archaeological resources. resources • There is need for review of a policy framework for verification of PCRs to minimize speculative graves or burial sites Stakeholders/DMM • The EASP PIUs should work with Focal Points at cultural/traditional leaders in national, regional management of the cultural and district level artefacts 97 | P a g e • Practices like night dancing will not be compatible with electric lighting so there is need to engage cultural leaders from areas where the activity is practiced to foster acceptance of the project. • Engage archaeologist and other experts during the ESIA stage as per the NEA and World Bank ESS8. • Tourism Officers, Commercial Officers and District Community Development Officers are the focal officers or DMM. • Engage the Cross-Cultural Foundation of Uganda (CCFU) before and during the implementation of the EASP. The Focal Person for CCFU is Mr. Fredrick Nsibambi. • Involve the religious leaders in the PCR management process. • Stakeholder analysis is needed to determine the power and influence of the various stakeholders. • Involve the District, Sub-County, Parish and Village leadership PCR management. • Work with the Department of Gender and Family Protection at MoGLSD to manage intangible cultural resources. How to partner with • DMM be involved and benefit from DMM in the the capacity building and technical implementation of assistance component. DMM lacks EASP equipment for cultural resource monitoring, vehicles, etc. • DMM be involved in the monitoring of PCRs. • Involve PCRM specialists (natural and historical) in the assessment 98 | P a g e and management of PCRs. The DMM has paleontological and educational and archaeological experts but lack experts on biodiversity assessments. Information that • Work with the local leaders to should be disclosed document the Communication to other culturally channels and appropriate sensitive sites information to be disseminated. • The Ik are located in the Kadam mountains but trade with the Somalis. 99 | P a g e ANNEX 7: LIST OF STAKEHOLDERS CONSULTED MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKEHOLDER: MINISTRY OF TOURISM, WILDLIFE AND ANTIQUITIES (MoTWA) DATE: 10TH FEB 2020 NO NAME DESIGNATION TELEPHONE EMAIL ENTITY 1 DOMISIANO SENIOR WILD +256701332400 owordon@gmail.com MoTWA OWOR LIFE OFFICER (SWO) 2 MICHEEAL WILD LIFE +256775338632 Michealmugaba7@gmail.com MoTWA MUGABA OFFICER (W0) 3 DR. ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEMD PAULOKIROR SPECIALIST 4 CATHERINE RESEARCH +256782499093 Catherineajiambo@gmail.com RO AJIAMBO OFFICER (RO) 5 JAMES TOURISM +256772579760 Jmboijana2@gmail.com MoTWA MBOIJANA DEVEELOPMENT OFFICER (TDO) 6 ELISHA TRANSACTION +256701407330 elugoloobi@ueccc.or.ug UECCC LUGOLOOBI EXECUTION SPECIALIST 7 NOEL GENDER +256751027127 noel.komunda@gmail.com MEMD KOMUNDA SPECIALIST 8 DOROTHY SOCIAL +25677247201 Dorothy.achan9@gmail.com MEMD ACHAN SAFEGUARDS SPECIALIST (S.S.S) 9 PETER ENIROMENTAL +256758289019 makeropeter@gmail.com UECCC MAKERO SPECIALIST 10 CHARLES RISK MANAGER +256772491675 comara@uecc.or.ug UECCC OMARA 100 | P a g e MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKE HOLDER: NATIONAL FORESTRY AUTHORITY (NFA) DATE: 11TH FEB 2020 SN NAME DESIGNATION TELEPHONE EMAIL ENTITY 01 JUSTINE ENIRONMENT +256782446231 justineahebwa@gmail.com NFA AHEBWA MANAGEMET OFFICER 02 MAXWELL KABI COORDINTOR +256782453853 maxkabi@nfa.org.ug NFA FOREST kabimaxwell@gmail.com RESOURCE UTILISATION (C 03 DR. PAUL ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEMD OKIROR SPECIALIST 04 NOEL KOMUNDA GENDER +256751027127 noel.komunda@gmail.com MEMD SPECIALIST 05 FRANCIS XAVIER SOCIOLOGIST +256704526428 Frankxavie256@gmail.com MEMD OCHANDI 06 NAKABIRI GRACE SOCIOLOGIST +256777360784 nakabiragrace@gmail.com MEMD 07 BRENDA SAFE GUARD +256773187290 b.owumugisha@energy.go.ug MEMD OWOMUGISHA 08 JULIUS AHIRO M&E OFFICER +256782306100 anyol@gmail.com NFA 09 STEPHEN COORDINATOR +256772925762 stephong@nfa.org.ug NFA GALIMA NATIONAL FOREST MANAGEMENT 10 PETER MAKERO ENIROMENTAL +256758289019 makeropeter@gmail.com UECCC SPECIALIST 11 CHARLES RISK MANAGER +256772491675 comara@uecc.or.ug UECCC OMARA 12 MACKLINE PARTNERSHIP +256778140510 Kundamackline@gmail.com NFA NATUKUNDA COMMUNITY OFFICER 13 CHRISTINE ENVIRONMENT +256782417524 christinem@nfa.org NFA MUGENYI PARTNERSHIP OFFICER MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) 101 | P a g e ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKEHOLDER: UGANDA SOLAR ENERGY ASSOCIATION (USEA) DATE : 11TH FEB 2020 N0 NAME DESIGNATION TELEPHONE EMAIL ENTITY 1 JOYCE CHIEF +256759586933 Joyce.nkuyahaga@useaug.org USEA NKUYAHAGA EXECUTIVE OFFICER 2 NOEL GENDER +256751027127 noel.komunda@gmail.com MEMD KOMUNDA SPECIALIST 3 MARCEL MANAGER +256779260340 Marcel.koomsan@mechallenges USEA KOOMSON group.com 4 DR. PAUL ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEMD OKIROR SPECIALIST 5 FRANCIS SOCIOLOGIST +256704526428 Frankxavie256@gmail.com MEMD XAVIER OCHANDI 6 GRACE SOCIOLOGIST +256777360784 nakabiragrace@gmail.com MEMD NAKABIRI 7 CHARLES RISK MANAGER +256772491675 comara@uecc.or.ug UECCC OMARA 8 PETER ENIROMENTAL +256758289019 pmakero@uccc.or.ug UECCC MAKERO SPECIALIST MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKEHOLDERS: SOLAR COMPANIES (FINIX INTERNATIONAL, VILLAGE POWER, ULTRA TECH, KAMBISCO TECHNO DATE: 12TH FEB 2020 SN NAME DESIGNATION TELEPHONE EMAIL ENTITY 01 MORRISON DIRECTOR OF rwararamba@fenix.ur FENIX INTL RWARARAMBA POLICY 02 DR. PAUL ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEMD OKIROR SPECIALIST 102 | P a g e 03 NOEL KOMUNDA SOCIAL +256751027127 noel.komunda@gmail.com MEMD DEVELOPMENT GENDER SPECIALIST 04 CHARLES OMARA RISK MANAGER +256772491675 comara@uecc.or.ug UECCC 05 ELISA LUGOLOBI TRANSACTION +256701407330 elugoloobi@ueccc.or.ug UECCC EXECUTION SPECIALIST 06 FRANCIS XAVIER SOCIOLOGIST +256704526428 Frankxavie256@gmail.com MEMD OCHANDI 07 EDITU ACHEDO ADIMISTRATOR +256775434924 Ultratecworld@gmail.com ULTRATECH 08 BRENDA SAFEGUARD +256773187290 b.owumugisha@energy.go.ug MEMD OWAMUGISHA 09 JOYCE CHIEF +256759586933 Joyce.nkuyahaga@useaug.org USEA NKUYAHAGA EXECUTUVE OFFICER 10 ALLAN OKELLO VILLAGE POWER +256778277952 okello@village-power.ug VILLAGE POWER 11 PETER MAKERO ENIROMENTAL +256758289019 pmakero@uccc.or.ug UECCC SPECIALIST 12 KYALANGO KAMBASCO +256782311078 Rambascot@gmail.com KMRI TECH. MOHAMMAD TECHNOLOGIES 13 DANIEL WILHITTE MANAGING +256785047124 dwillette@fenixintl.com FENIX INTL DIRECTOR 103 | P a g e MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKE HOLDER: UGANDA WILD LIFE AUTHORITY (UWA) DATE: 13TH FEB 2020 SN NAME DESIGNATION TELEPHONE EMAIL ENTITY 01 EDGAR BUHAGA DEPUTY +256782572521 Edgar.buhanga@wildlife.go.ug UWA DIRECTOR PLANNING AND MONITORING RESEARCH 02 JUSTINE MANAGER EA +256772413432 justinenamara@wildlife.go.ug UWA NAMARA AND OLL MONITORING 03 DR. PAUL OKIROR ENVIRONMENT +256782224828 p.okiror@energy.go.ug MEMD SPECIALIST 04 CAROLINE SENIOR S0CIAL cnambozo@rea.or.ug REA NAMBOZO DEVELOPMENT OFFICER 05 CHARLES OMARA RISK MANAGER +256772491675 comara@uccc.or.ug UECCC BISIMUNGU 06 PETER MAKERO ENVIRONMENT +256758289019 pmakero@uecc.or.ug UECCC SPECIALIST 07 FRANCIS XARIER SOCIOLOGIST +256704526428 Frankxarier256@gmail.com MEMD OCHANDI MEMD 08 BRENDA SAFEGUARDS +256773187290 b.owomugisha@enegy.go.ug MEMD OWOMUGISHA 09 NOEL KOMUNDA SPECIALIST +256751027127 noel.komunda@gmail.com MEMD DEVELOPMENT GENDER SPECIALIST MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ENERGY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKEHOLDER : MINISTRY OF LANDS, HOUSING AND URBAN DEVELOMENT (MLHUD) DATE: 18TH FEB 2020 S.N NAME DESIGNATION TELEPHONE EMAIL ENTITY 1 KAGANZI ASSISTANT Kagaemma@gmail.com MLHUD EMMANUEL COMMISIONER PHYSICAL PLANNING 2 MARTHA ASSISTANT masharuks@gmail.com MLHUD MUGARURA COMMISSIONER URBAN DEVELOPMENT 3 DR. PAULOKIROR ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEMD SPECIALIST 4 NOEL KOMUNDA GENDER SPECIALIST +256751027127 noel.komunda@gmail.com MEMD 5 DOROTHY ACHAN SOCIAL SAFEGUARD +256772472551 104 | P a g e SPECIALIST 6 RONALD MURUNGI PHYSICAL PLANNER (PP) +256774720219 MLHUD 7 CAROLINE AGUTI HEAD SAFETY AND +256774720219 MEMD ENVIROMENTAL UNIT (HSEU) 8 SARAH AKOL SENIOR PROJECT +256772625268 Sarah.akl@uetel.org UETCL OFFICER (SPO)/ SOCIAL ASPECTS (SA) 9 PAMELA LATIM PHYSICAL PLANNER +25678743487 pamelakarz@gmail.com MLHNUD 10 MARY FRANCES SENIOR GOVERNMENT +256779625996 MLHUD NAMAKULA VALUATOR (SGV) 11 JOSEPH KUNIKINA PROJECT COMMUNITY +256782349495 Joseph.kunikina@uetcl.com UETCL LIASON OFFICER (PCLO) 12 FRANCIS XAVIER SOCIOLOGIST +256704526428 Frankxavie256@gmail.com MEMD OCHANDI 13 JONAN KAYIMA SOCIAL DEVELOPMENT Jonankayima@yahoo.com MLHUD SPECIALIST 14 MARIA NANTEZA ACTING ENVIRONMENT Maria.nanteza@yahoo.com MLHUD OFFICER (Ag. EO) 15 JACQUELINE SOCIOLOGIST jnnassuna@gmail.com MLHUD NNASSUNA 16 DAVIS SOCIOLOGIST Dvsa123@gmail.com UETCL TUMWEBAZE 17 ELISHA TRANSACTION elugoloobi@ueccc.or.ug UECCC LUGOLOOBI EXECUTION SPECIALIST 18 SARAH KARIJJA SOCIOLOGIST karijja@vetc.com UETCL 105 | P a g e MINISTRY OF ENERGY AND MINERAL DEVELOPMENT ELECTRICITY ACCESS SCALE –UP PROJECT (EASP) ATTENDANCE LIST FOR CONSULTATION AND DEVELOPMENT OF SAFEGUARDS DOCUMENTS FOR EASP STAKEHOLDER: DEPARTMENTS OF MUSEUMS & MONUMENTS (DMM) DATE: 19TH FEB 2020 SN NAME DESIGNATION TELEPHONE EMAIL ENTITY 1 CATHERINE RESEARCH AND catherineajiambo@gmail.com DMM AJIAMBO CONSERVATION OFFICER 2 DR. PAUL OKIROR ENVIROMENTAL +256782224828 p.okiror@energy.go.ug MEND SPECIALIST 3 DISMAS ONGWEN CONSERVATION Diszongwan@gmail.com DMM OFFICER 4 CAROLINE SENIOR SOCIO cnambozo@gmail.com REA NAMBOOZO DEVELOPMENT OFFICER 5 EUNICE RESEARCH OFFICER +256773490366 ngngna@gmail.com DMM NGANGEYU 6 DANIDS HALONGO CONSERVATOR +256778021648 UGANDA MESEUM 7 VINCENT EDUCATIONAL ngabirano@yahoo.com UGANDA MESEUM NGABIRANO OFFICER 8 AMON MUGUME NATURAL SCIENTIST amugume@yahoo.com UGANDA MUSEM 9 NASSER KIBIRIGE ENGINEER birik2k@yahoo.com DMM 10 PETER MAKERO ENIROMENTAL +256758289019 pmakero@uecc.or.ug UECCC SPECIALIST 11 ELISHA TRANSACTION elugoloobi@ueccc.or.ug UECCC LUGOLOOBI EEXECUTION SPECIALIST 12 FRANCIS XAVIER SOCIOLOGIST +256704526428 Frankxavie256@gmail.com MEMD OCHANDI 13 DOROTHY ACHAN SOCIAL dorothyachan1@gmail.com MEMD SAFEGUARDS SPECIALIST 106 | P a g e APPENDIX 8: ATTENDANCE LISTS FOR NATIONAL STAKEHOLDERS CONSULTED DURING THE DEVELOPMENT OF THE RPF R e 107 | P a g e 108 | P a g e 109 | P a g e 110 | P a g e 111 | P a g e 112 | P a g e 113 | P a g e ANNEX II: MEMD Preparatory Meetings 114 | P a g e 115 | P a g e 116 | P a g e 117 | P a g e 118 | P a g e 119 | P a g e 120 | P a g e