1 VOLUME I RP1420 v3 RURAL ELECTRIFICATION AGENCY MINISTRY OF ENERGY AND MINERAL DEVELOPMENT RESETTLEMENT ACTION PLAN FOR THE PROPOSED 33KV NTENJERU DISTRIBUTION LINE AND ASSOCIATED LOW VOLTAGE NETWORKS Prepared by: National Forestry Authority in Association with M and E Associates Ltd and Katuramu and Co Ltd. Plot 10/20 Spring Road. P. 0. Box 70863. Tel: 256-31-2-264035/6 or 256-0414-230457 March 2013 CERTIFICATION We certify that the Resettlement Action Plan for the proposed Ntenjeru 33kv power extension and Distribution Line and related low Voltage Networks was conducted under our direction, supervision and based on the Terms of Reference provided to us by Rural Electrification Authority. We hereby certify that the particulars given in this RAP are correct and true to the best of our knowledge: Names Relevant Qualifications Signature Ms. Gertrude B Sociologist and Certified Environmental Practitioner: MagezSociologist!RAP BA (Social Sciences), PG cert. in Planning and Specialist Devlp. Pgd in Planning, Housing and Building, Pgd in Devlp. and Gender, Cert. Consultancy Devlp. Skills. Mr. Ssali Nicholas Mr. Ssali is a Land Economist/Valuer with over 28 Valuation Surveyor years of experience in Land Valuation, Rating of property, Land acquisitions for Roads and Water and Transmission Lines, Market Valuations and Rental assessment. He has B.A. Land Economics (Hons)- University of. Nairobi, Second Class Honours Upper Division. He is a Registered Valuation Surveyor of Uganda. Mr. Alsen Semahane He is a Registered Surveyor in Uganda with the Habumugisha, Line professional Institute of Surveyors of Uganda (ISU). Mr. Surveyor Habumugisha has been involved in various electrical distribution and transmission surveys and processing o data thereof since 1996. Key Qualifications: Sept.1989 - Sept. 1990: Obtained the University of London Msc. Degree in Surveying and a University College 0 London Diploma in Surveying. Mr. Charles Kyobe Mr. Kibirango is a Director in charge of Land Surveying Kibirango, RAP Cartographic Services. BSc, MCIG (Can), AMISK (Kenya), MISU, RSU. He is a registered Senio Specialist Surveyor with over 20 years of professional surveying experience including project management. He has considerable experience in surveying for water supply schemes, irrigation schemes, road and bridge works, mapping, Establishment of Ground Control. Eng Samuel Sebide Has over 20 years experience and is a Chartered Sentongo. Chartered Engineer in UK. He has experience in preparation of Engineer · master plans, feasibility studies, preliminary designs .. and detailed designs and superv1s1ons of construction for rural electrification, solar energy, micro hydropower generation, power supply and distribution. He has worked in Kenya, Uganda and United Kingdom. Stephen A K Magezi Certified Environmental Practitioner and Auditor: RAP Quality Assurance BSC (Physics-Hons), Pgd. (Met), Msc. (PP Ass.), Overseer Pgd. (Environ. Management), Cert. in EIA, Cert. Consultancy Development Skills, and Over 20 years experience in Environment Management. Mr. Richard Waiswa Approved by Mr. Paul Buyerah Musamali Key: PG cert = Post Graduate certificate, Cert =Certificate, Devlp. =Development. ii EXECUTIVE SUMMARY 0 Introduction 0.1 Background and Project Area The Government of Uganda has received financing from the World Bank (WB) towards the cost of the Energy for Rural Transformation Project Phase II and has asked for Consultancy Services to Undertake a Resettlement Action Plan (RAP) as well as an Environmental Assessment (EA) covering the proposed 33kV Ntenjeru Distribution line (70Km). This is expected to cover the 33kV electricity distribution grid - extension lines and the associated low voltage networks inclusive of at least 30 transformers of various capacities (25/50KVA) at a number of Trading Centres (TC) and Rural Growth Centres (RGC). The Rural Electrification Agency (REA) is the Lead Agency in the rural electrification sector and is therefore the principal arm of Government that is charged with the implementation of Rural Electrification projects. REA has contracted the National Forestry Authority (NFA) in association with M & E Associates and Katuramu and Company to prepare a Resettlement Action Plan for the 70 Kilometre Distribution line from Kasenge to Buule/Mpatta with associated Tee offs. Most of the distribution line is expected to be mostly along the Road Reserve, where such a Reserve has been demarcated by the designated entity (Uganda National Roads Authority (UNRA) or the Mukono Local Government). Where the road reserve has not been identified, the line will still follow as closely as possible the current road alignment for the respective distribution and low voltage network. It is to be noted that the Government Policy is such that the road reserve is owned by Government and currently the Government is in the process of delineating all the road reserves in the country. The road reserve space is 15 metres on either side of the road centerline. This will minimise the possibility of land take and subsequent relocation/displacement of people. 0.2 Project-Affected Areas and Potential for Resettlement The Distribution line is within Mukono District and is restricted to the Sub Counties of Naama, Ntenjeru, Nakisunga and Mpatta. For Naama Sub County, only one Parish will be affected to the right of Mbalala about a kilometre along the Mbalala - Ntenjeru - Buule road. However the immediate impact of this project will be along the entire 70Km length of the proposed power line which will run from Kasenge to Buule landing site with a number of Tee - Offs leading to among others Kibira Village, Mawotto landing site, Abu Mukasa's poultry farm and Kisinsi landing site. The line passes through a rural setting for most of the stretch with a few Rural Growth Centres which will be the major beneficiary of the power line. The total number of Project Affected People is 1126 of which 862 are men and 264 are women whose crops and trees will be affected. In all a total of 36 Institutions will also loose crops and trees. "The specific parcels of properties that were valued are detailed in Volume B which is the Valuers report." 0.3 Legal Framework for Compensation This Resettlement Action Plan (RAP) takes into account the Uganda Legal Framework as well as the key Donor Guidelines on resettlement and compensation. The Uganda Government requires compensation to be paid if damage is caused to land and other private property. The Relevant Uganda laws on compensation and iii resettlement include the Constitution of the Republic of Uganda, 1995; and the Land Act, Cap 227; The Local Government Act (1997); Land Acquisition Act (1965) and The Access to Roads Act (1965. The same requirements are also articulated by the World Bank Involuntary Resettlement Policy. The overriding policy goal on Involuntary Resettlement is to ensure that when people must be displaced they are treated equitably, and that they share in the benefits of the project that involves their resettlement. In this project however there will be no relocation except for the compensation of lost assets which are crops and trees in addition to a disturbance allowance of 15% of the value of the affected crops/trees. 0.5 Field Survey Findings The proposed Mukono - Ntenjeru 75km 33 kV Distribution Line starts from Kasenge in Naama Subcounty off the Mbalala along the Mukono Jinja Highway. It goes through the sub counties of Ntenjeru, Nakisunga and ends at the landing sites of Buule and Kisinsi in Mpata Sub County. Most of affected persons will be positively impacted by receiving the much awaited for electric power. The dominant economic activity within the project area and along the proposed Distribution line is subsistence agriculture. It is these subsistence agricultural activities that will be affected by the line. 0.6 Implementation Plan 0.6.1 Relocation and Compensation Impacts Implementing the Mukono - Ntenjeru 70km 33 kV Distribution Line will lead to neither "Physical Displacement" nor "Economic Displacement" of people. In other words there will be no loss of structures, livelihood or employment. This will be because of the line design which has ensured that the Distribution line remains along the Road Reserve following the present road alignment and not encroaching on people's property except for the crops I Trees within the Road Reserve. 0.6.2 Compensation and compensation Strategy Being a Donor-funded development project, it means that the compensation/resettlement would have to comply with two sets of requirements, the Ugandan Law and the World Bank Safeguard Policy on Involuntary Resettlement. The latter are more advantageous to PAPs, especially with regard to the valuation at "full replacement cost" as opposed to the depreciated value taken into consideration by Ugandan valuation methodologies. For this project however, the activity will be limited to compensation. Affected persons will be compensated for all the trees and crops that are likely to be destroyed during the construction and those that were destroyed during the survey. In case there are differences between national legislation and World Bank policy on Involuntary Resettlement, the latter will prevail. As part of the strategy all stakeholders will be involved, and payments of compensation will be independently monitored. All affected people will be adequately and equitably compensated. 0.6.3 Payment Procedure No gardens (crops and trees) may be removed before compensation has been concluded and grievances attended to where they exist. It is important that the key IV stakeholders (Project Affected Persons (PAPs), LCs, REA and the Donor agency) agree fully with the compensation packages and schedule. At all times the PAPs must be kept informed of the evolution of the resettlement schedule and should agree to it before implementation. The Public disclosure strategy so proposed will ensure that the process is transparent and all stakeholders can verify the actions . being taken. 0.6.4 Proposed Time Schedule A resettlement/ compensation - implementation and monitoring program which has been proposed will be implemented. The program covers resource mobilisation, . formation of relevant implementation committees, payment of disturbance allowances and compensation as well as the monitoring of the exercise. This will be concluded within a period of about 4 Months. 0.6.5 Summary of the costs that will be involved The total amount to meet compensation and resettlement needs is Seven Hundred Seventeen Million three hundred Seventy Six thousand Nine Hundred Nine only Uganda Shillings (UGX 717,376,909) ((US$ 275,914.2 (at UGX 2600 per dollar)). This amount is inclusive of 15% disturbance allowance. Rap implementation costs have been estimated to be at least 15% of the compensation amount. This brings the overall package to Uganda shillings 717,376,909. This amount includes the 15% disturbance and the 15% RAP implementation costs as shown in Table 0.61 below. Table 06-1: Summary of Compensation amounts for the PAP -~o. ~almai::He ·lilumlllei1::___JINllarl- To assess overall compliance with the RAP and applicable legislation and requirements, particularly the following: • Compliance with eligibility criteria as described in this RAP, • Actual delivery of compensation packages, • Compliance with implementation mechanisms as described in this RAP; External monitoring reports should be prepared independently by the reviewer and submitted to REA and relevant stakeholders. 11.4 Completion Audit The purpose of this Audit is to establish whether REA has implemented all activities needed to ensure compliance with resettlement commitments defined by the RAP and applicable policies, and whether resettlement and compensation can be deemed complete. Although in this case there was no resettlement, in general a key objective of the RAP is that resettlement, compensation and other mitigation measures lead to sustainable restoration or enhancement of affected peoples' quality of life and income levels. At such time as affected peoples' quality of life and livelihood can be demonstrated to have been restored, the resettlement and compensation process can be considered complete. The completion audit should be carried out by the same auditor as the compliance audit. Based on progress indicators and outcome evaluation indicators, the auditor will formulate conclusions on the following topics: 45 Mukono Ntenjeru- Buule/Mpatta 33 kV Distribution Line- Resettlement Action Plan >- Have the objectives set forth in the RAP been reached in terms of: • Identification of affected people and identification of impacts, • Compensation for all impacts of all affected people, • Timely delivery of entitlements and compliance with Ugandan Constitution requirement of "prompt" compensation, >- Has compensation been fair and adequate to mitigate impacts? and >- Have livelihoods been improved? 46 Mukono Ntenjeru- Buule/A1patta 33 kV Distribution Line- Resettlement Action Plan 12.0 RAP BUDGET Based on the findings of the study carried out, the total package to meet compensation needs is Seven Hundred Seventeen Million three hundred Seventy Six thousand Nine Hundred Nine only (UGX 717,376,909 (US$ 275,914.2). This amount is inclusive of 15% disturbance allowance and 15% implementation costs. Details of the compensation amounts are presented in Annex 2. 47 Mukono Ntenjeru- Buule/Mpatta 33 kV Distribution Line- Resettlement Action Plan 13.0 CONCLUSION In this RAP a number of key principles have been followed which include the following: • Minimising compensation needs by ensuring that the Distribution Line is confined to the road reserve and along the present road alignment; • Removing relocation of people by bypassing the line through the road reserve; • Where the line targets a cultural site or grave, it has been diverted to avoid impacting on cultural sites; • Key stakeholders have been involved in the study and will be involved in the compensation exercise; • Prompt compensation is recommended for successful implementation of the project. 48 Mukono Ntenjeru- Buule/Mpatta 33 kV Distribution Line- Resettlement Action Plan 14. ANNEXES Annex1: Line map showing Rural Growth Centres with Transformers 315 49