Republic of Uganda Ministry of Water and Environment RESETTLEMEMENT ACTION PLAN (RAP) FOR KABUYANDA IRRIGATION DEVELOPMENT AND CLIMATE RESILIENCE PROJECT (IDCRP) IN ISINGIRO DISTRICT FEBRUARY 2019 Ministry of Water and Environment Version Final Intended for: Ministry of Water and Development, Department of Water for Production Date February 2019 Prepared by Jane Mugano Checked by Approved by www.newplan.ug Resettlement Action Plan – February 2019 1 Ministry of Water and Environment TABLE OF CONTENTS LIST OF TABLES 10 LIST OF FIGURES 11 ABBREVIATIONS AND ACRONYMS 12 DEFINITIONS 15 EXECUTIVE SUMMARY 17 1. INTRODUCTION 28 1.1. Background 28 1.2. Overview and Scope of the Proposed Project 28 1.3. Purpose of the Task 29 1.4. Objectives of the Resettlement Action Plan 30 1.5. Scope of the RAP 30 1.6. Approach and Methodology 31 1.6.1. Document review 31 1.6.2. Stakeholder Consultations 31 1.6.3. Socio-economic baseline data collection 32 1.6.4. Asset Surveys and Estimation of Affected Persons 32 1.7. Report Structure 33 2.1. Project Location 34 2.2. Project Components 37 2.2.1. Dam 37 2.2.1.1. Spillway and Stilling Basin 38 2.2.1.2. Intake and Bottom Outlet 38 2.2.2. Control Building 38 2.2.3. Reservoir 39 2.2.4. Irrigation System 39 2.2.4.1. Distribution System and Irrigation Method 39 2.2.4.2. Irrigation Network 39 2.2.4.3. Drainage Network 40 www.newplan.ug Resettlement Action Plan – February 2019 2 Ministry of Water and Environment 2.2.5. Access Roads 40 2.3. Alternatives to Minimize Land Acquisition and Physical Displacement 42 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 43 3.1. Introduction 43 3.2. Standards for Land Acquisition and Resettlement 43 3.3. Uganda Policy Framework 43 3.3.1. Uganda National Land Policy, 2013 43 3.3.2. Uganda Gender Policy, 2007 44 3.3.3. National Policy for Older Persons, 2009 44 3.4. Uganda Legal Framework 44 3.4.1. Uganda Constitution, 1995 45 3.4.2. Land Act, Cap 227 48 3.4.3. Land Acquisition Act, 1965 48 3.4.4. Access Roads Act, Cap 350 49 3.4.5. Survey Act, 1964 49 3.4.6. Local Government Act, 1997 50 3.4.7. The Water Act 1997 (CAP 152) 50 3.4.8. Remedies Available to Displaced Persons in the Judicial Process and the Normal Time Frame for such Procedures 51 3.4.9. Available Alternative Dispute Resolution Mechanisms that may be Relevant to the Project 52 3.4.9.1. Traditional or Customary Methods 52 3.4.9.2. Mediation 52 3.5. Environmental and Social Management Framework (ESMF) - Ministry of Water and Environment 53 3.6. International Policy Instruments, Guiding Principles and Requirements 53 3.6.1. The Universal Declaration of Human Rights 53 3.6.2. The African Charter on Human and people's Rights 53 3.7. World Bank Operational Policies 54 3.7.1. Involuntary Policy on Resettlement – O.P 4.12 54 3.7.2. OP 17.50 Public Disclosure 55 www.newplan.ug Resettlement Action Plan – February 2019 3 Ministry of Water and Environment 3.8. Comparison between Ugandan Legislation & World Bank Policies on Resettlement and Compensation 55 3.9. Institutional Framework 61 3.9.1. Ministry of Water and Environment, Water for Production Department (MWE-WfP) 61 3.9.2. Ministry of Agriculture Animal Industry and Fisheries (MAAIF) 61 3.9.3. The Ministry of Lands, Housing and Urban Development (MoLHUD) 62 3.9.4. Ministry of Gender Labour and Social Development (MGLSD) 62 3.9.5. National Environment Management Authority (NEMA) 62 3.9.6. Uganda Land Commission (ULC) 63 3.9.7. Office of the Administrator General 63 3.9.8. Local Governments 63 3.9.9. Non-Governmental Organizations and Civil Society Organizations 64 3.9.10. Project Task Team 64 4. PUBLIC CONSULTATION AND PARTICIPATION 65 4.1. Introduction 65 4.2. Objective of Public Consultation and Participation 65 4.3. Stakeholders Identification and Composition 65 4.3.1. Directly Affected People 66 4.3.2. Indirectly Affected Persons 66 4.3.3. National Stakeholders 66 4.3.4. Local Government Stakeholders 66 4.3.5. Other Stakeholders 66 4.4. Stakeholders Consulted 68 4.5. Approach and Methods for Public Consultation and Participation 69 4.6. Involvement of Women and Other Vulnerable Groups 71 4.7. Issues Raised by Stakeholders 73 4.8. A Summary of the Salient Issues Raised 77 4.9. Public Consultation & Disclosure Plan during RAP Implementation 77 5. SOCIAL ASSESSMENT AND SOCIO-ECONOMIC SURVEYS 81 5.1. Introduction 81 5.1.1. Approach and Methodology 81 www.newplan.ug Resettlement Action Plan – February 2019 4 Ministry of Water and Environment 5.1.2. Administrative Framework 82 5.2. Population and Demographic Characteristics 82 5.2.1. Population 82 5.2.2. Age of Household Heads 83 5.2.3. Sex of Household Head 84 5.2.4. Marital Status 85 5.2.5. Religious Denominations 86 5.2.6. Ethnic Composition 87 5.2.7. Level of Education and Literacy Levels 88 5.2.8. Vulnerable Groups 89 5.3. Social Structure 90 5.4. Social Capital and Mechanisms for Social Cohesion 90 5.5. Land Tenure System 91 5.6. Land Ownership 91 5.7. Settlement Pattern and Nature of Buildings 92 5.8. Length of Stay in the Project Area 93 5.9. Livelihoods and Income Sources 93 5.10. Levels of Income 94 5.11. Agriculture and Marketing 95 5.11.1. Crop Production 95 5.11.2. Livestock Production 99 5.11.3. Fish Production 100 5.11.4. Marketing 101 5.12. Assets Owned 103 5.13. Social Infrastructure 103 5.13.1. Education 103 5.13.2. Health 105 5.13.2.1. Health Services and Infrastructure 105 5.13.2.2. Diseases Incidence 107 5.13.2.3. HIV/AIDS and STDs 107 5.13.3. Energy 108 www.newplan.ug Resettlement Action Plan – February 2019 5 Ministry of Water and Environment 5.13.4. Water Supply 109 5.13.5. Access to Credit Facilities 110 5.14. Communication and Access to Information 111 5.15. Access to and Dependence on Natural Resources 111 5.16. Gender Relations 111 5.17. Non-Governmental Organisations / Community Based Organisation 112 5.18. Existing Government Programs for Livelihood 112 6. POTENTIAL PROJECT IMPACTS 114 6.1. Introduction 114 6.1.1. Estimated Potential Affected Population 114 6.2. Negative Impacts 114 6.2.1. Impact on Land 114 6.2.2. Impact on Structures 115 6.2.3. Impact on Public Infrastructure and Utilities 117 6.2.4. Impact on Crops/Trees 118 6.3. Figure 6-2: Potential Affected Crops/Trees Impact on Cultural Sites and Assets 118 6.4. Loss of Access to Natural Resources 119 6.5. Impact on National Forestry Authority (NFA) 119 6.6. Impact of the construction of the dam for the downstream water users 120 6.7. Positive Impacts from the Project 120 7. Mitigation Measures, Valuation and Compensation Framework 121 7.1. Valuation Methodology in Uganda 121 7.1.1. Land Surveys 121 7.1.1.1. Collection of Initial Cadastral Data from Land Offices 121 7.1.1.2. Land Boundary Surveys 122 7.1.2. Preparation of a Valuation Methodology 122 7.1.2.1. Inventory and Registration of Affected Properties and Persons 123 7.2. Computation of Compensation 124 7.2.1. General Overview of Computation of Compensation 124 7.2.2. Valuation Basis Considered in this RAP 126 7.2.2.1. Land 126 www.newplan.ug Resettlement Action Plan – February 2019 6 Ministry of Water and Environment 7.2.2.2. Crops and Trees 128 7.2.2.3. Buildings & Structures 128 7.2.2.4. Disturbance Allowance 129 7.3. Entitlement Framework and Eligibility Criteria 129 7.3.1. Eligibility Criteria for Land and Developments 129 7.3.2. Eligibility for Community/Public Property 130 7.3.3. Vulnerable Groups 130 7.3.4. Eligibility for relocation 130 7.3.5. Loss of Income 131 7.3.6. Proof of Eligibility 131 7.3.7. Salvage of Materials 131 7.3.8. Moving Arrangements 131 7.3.9. Cut-off Date 131 7.3.10. Entitlement Matrix 132 7.4. Verification and Disclosure of Entitlements 134 7.4.1. Validation of Census Data 134 7.4.2. Verification, Disclosure of Compensation Principles and Unit Rates 134 7.4.3. Conclusion of Agreements or Attempt at Mediation 135 7.5. Procedures for Delivering Compensation Entitlements 135 7.6. Land Acquisition Process 136 7.6.1. Signing of Land Transfer and Land Mutation Forms 136 7.6.2. Application for Land Title 137 8. LIVELIHOOD RESTORATION MEASURES 138 8.1. Introduction 138 8.2. Eligibility 138 8.3. Proposed Livelihood Restoration Programs 139 8.3.1. Land / Agricultural based livelihoods and support 139 8.3.2. Access to employment opportunities during project construction 140 8.3.3. Financial literacy and management training 140 8.4. PAP Consultations and Disclosure 141 8.5. Schedule of Implementing Livelihood Restoration Measures 141 www.newplan.ug Resettlement Action Plan – February 2019 7 Ministry of Water and Environment 9. GRIEVANCE REDRESS MECHANISM 143 9.1. Introduction 143 9.2. Grievance Resolution Mechanism 144 9.3. Grievance Resolution Process 146 9.4. Inclusion of Women and other Vulnerable Groups 148 9.5. Training 148 9.6. The Grievance Database Management 148 10. RELOCATION / RESETTLEMENT 150 10.1. Introduction 150 10.2. Resettlement Options 150 10.3. Relocation Schedule and Assistance 150 10.4. Integration with Host Communities 151 10.5. Moving Arrangements 151 11. ORGANIZATIONAL ARRANGEMENTS 152 11.1. Introduction 152 11.2. Organizational Arrangements and Procedures for Delivery of Entitlements 152 11.3. Actors Involved 152 11.4. Procedures and Responsibilities 153 11.5. Institutional Capacities 158 11.5.1. Ministry of Water and Environment, Water for Production Department (MWE-WFP) 158 11.5.2. The Ministry of Lands, Housing and Urban Development 158 11.5.3. Office of the Administrator General 159 11.5.4. Other Ministries involved in the Execution of RAP Activities 159 11.5.5. The Local Government Authorities 159 11.6. Institutional Capacity Reinforcement 159 11.6.1. National Ministries – Project Task Team 159 11.6.2. Local Governments 160 12. BUDGET AND FUNDING ARRANGEMENTS 161 12.1. Introduction 161 12.2. ESTIMATED TOTAL COMPENSATION BUDGET 161 12.3. SOURCES OF FUNDING 163 www.newplan.ug Resettlement Action Plan – February 2019 8 Ministry of Water and Environment 13. IMPLEMENTING SCHEDULE 164 13.1. Introduction 164 13.2. Time Schedule for RAP Implementation 164 13.3. Time Schedule, Linking Resettlement Implementation to Civil Works 165 13.4. Potential Risks to the Schedule and Proposed Mitigation Measures 165 14. MONITORING AND EVALUATION ARRANGEMENTS 168 14.1. Introduction 168 14.2. Objectives for Monitoring and Evaluation 168 14.3. Monitoring and Evaluation Plan 168 14.4. Internal Monitoring 173 14.5. External Monitoring and Evaluation 174 14.6. RAP Completion Audit 174 14.7. Reporting 175 APPENDICES 176 A. ATTENDANCE LISTS 176 B. MINUTES OF STAKEHOLDER ENGAGEMENTS 207 C. QUESTIONNAIRES 239 D. GRIEVANCE FORM SAMPLE 263 E. INVENTORY, AND ECONOMIC ASSESSMENT OF ON RWOHO CFR BY THE IRRIGATION AND CLIMATE RESILIENCE PROJECT 264 List of Acronyms 265 1.0: Background 266 2.0: Objective 266 3.0: Materials and Methods 266 3.1: DEMARCATION OF DAM AREA 266 3.2: SAMPLING, DEMARCATION AND ENUMERATION OF SAMPLE PLOTS 266 3.3: Assessment of the amount of carbon sequestered by CDM Project 267 3.4: Assessment of the environmental impacts of economic development 268 4.0: Field Findings 268 4.1: GENERAL 268 TABLE 2: O RGANIZATIONS/INDIVIDUAL THAT WILL BE AFFECTED BY THE PROPOSED PROJECT AND AREA PLANTED IN HECTARES 269 www.newplan.ug Resettlement Action Plan – February 2019 9 Ministry of Water and Environment 6.0: Conclusion 269 Fig 1: Proposed Location and expanse of the (RWOHO CFR) irrigation and climate Resilient Project for the adjacent forest community 269 Table 3: Current standing volume of the plantations within the affected portion of Rwoho Central Forest Reserve 271 Table 4: Projected stand Volume and Value of the individual plantations within the affected portion 272 Table 5: Standing table of Natural trees within the affected portion 274 Table 8: Seedlings/Saplings derived from belts of natural belts 281 Table 9: Expected biomass from trees tops and branches of Natural trees 281 References 281 LIST OF TABLES Table 2-1: Main Features of the Dam ................................................................................................................................... 37 Table 3-1: Comparison between Uganda and World Bank Policies on Resettlement and Compensation ................................. 56 Table 4-1 Identified Stakeholders ......................................................................................................................................... 66 Table 4-2- Stakeholders Consulted ........................................................................................................................................ 68 Table 4-3 Schedule of Meetings Held with Stakeholders......................................................................................................... 70 Table 4-4: Summary of Key Issues and Responses .................................................................................................................. 73 Table 4-5: Stakeholder Engagement Plan .............................................................................................................................. 79 Table 5-1 Population Statistics for Affected Sub Counties ..................................................................................................... 82 Table 5-2: Population by Age groups ..................................................................................................................................... 83 Table 5-3: Ethnic composition of the PAPs ........................................................................................................................... 87 Table 5-4: Educational Attainment amongst the PAPs ........................................................................................................ 88 Table 5-5: Educational Attainment by Gender ..................................................................................................................... 90 Table 5-6: Conflict resolution patterns amongst the PAPs...................................................................................................... 91 Table 5-7: Type of land tenure by number of people affected .................................................................................................... 91 Table 5-8: Method how land was acquired ............................................................................................................................. 92 Table 5-9: Main source of income for household heads ............................................................................................................ 93 Table 5-10: Other activities from which the household generates income................................................................................... 94 Table 5-11: Levels of incomes for the PAPs........................................................................................................................... 94 Table 5-12: Production Levels per Sub-County July 2015 to June 2016 ............................................................................... 98 Table 5-13: Livestock Statistics ......................................................................................................................................... 100 Table 5-14: Fish Production from Fish Ponds in comparison to the total fish production in the Project Area - Based On Farmers' Information - 2015............................................................................................................................................... 101 Table 5-15: The main marketing point for items.................................................................................................................. 102 Table 5-16: Number and type of schools in Kabuyanda ....................................................................................................... 104 Table 5-17: Non-Governmental Organizations Operating in the Area ................................................................................ 112 Table 5-18: Existing Livelihood Programs in the Project Area............................................................................................ 112 Table 6-1: Estimated Number of PAPs ............................................................................................................................. 114 www.newplan.ug Resettlement Action Plan – February 2019 10 Ministry of Water and Environment Table 6-2 Estimated Affected Structures by Type ................................................................................................................ 115 Table 6-3Number of PAPs and the intervention that is the source of the impact. .................................................................. 116 Table 6-4: Institutions likely to be affected ................................................................................................................................................ 117 Table 7-1:General Basis for Cash Compensation Calculations ................................................................................................................. 125 Table 7-2: Basis for Land Values per Village ......................................................................................................................................... 127 Table 7-3: Entitlement Matrix ................................................................................................................................................................ 132 Table 8-1Timeframe for Implementing the Livelihood Restoration Measures ............................................................................................. 141 Table 11-1Organisational Roles and Responsibilities of the Different Actors in Land Acquisition and Resettlement ................................ 153 Table 12-1:Livelihood Restoration Budget ................................................................................................................................................ 161 Table 12-2: RAP Implementation Budget ................................................................................................................................................ 162 Table 13-1: RAP Implementation Activities ............................................................................................................................................ 164 Table 13-2Potential Risks to RAP Implementation Activities ................................................................................................................. 165 Table 14-1: Sample Monitoring and Evaluation Plan .............................................................................................................................. 170 LIST OF FIGURES Figure 2-1: Layout of Project Components ................................................................................................................................................. 35 Figure 2-2: Location map for the reservoir catchment and irrigation area. .................................................................................................... 36 Figure 2-3: Distribution System Layout ............................................................................................... Error! Bookmark not defined. Figure 2-4: Alternative dam locations ......................................................................................................................................................... 42 Figure 4-1: Photographic Documentation of Stakeholder Consultations....................................................................................................... 73 Figure 5-1Household Heads by Age Category ............................................................................................................................................ 84 Figure 5-2: Sex of Household Heads .......................................................................................................................................................... 85 Figure 5-3: Marital Status of Household Heads ......................................................................................................................................... 86 Figure 5-4: Religious Affiliation ................................................................................................................................................................. 87 Figure 5-5: Crop Farming in the Project Area............................................................................................................................................ 96 Figure 5-6: Livestock Rearing in the Project Area .................................................................................................................................... 100 Figure 5-7: Distance to Marketing Point .................................................................................................................................................. 102 Figure 5-8:Assets Owned by Households in the Project Area.................................................................................................................... 103 Figure 5-9: Reasons for not children not going to school ............................................................................................................................. 105 Figure 5-10: Fuel Used for Cooking ......................................................................................................................................................... 109 Figure 6-1:Photographs of Potential Affected Structures ............................................................................................................................ 117 Figure 6-2: Potential Affected Crops/Trees .............................................................................................................................................. 118 Figure 6-3: Grazing land in the Project Area ........................................................................................................................................... 119 Figure 7-1: Land Survey Methodology ...................................................................................................................................................... 122 Figure 7-2: Valuation Methodology .......................................................................................................................................................... 123 Figure 9-1: Grievance Resolution Stages ................................................................................................................................................... 144 Figure 9-2: Grievance Resolution Process .................................................................................................................................................. 149 Figure 11-1:showing the different relationships between the different agencies. ............................................................................................. 157 Figure 13-1 : RAP Implementation Schedule ........................................................................................................................................... 168 www.newplan.ug Resettlement Action Plan – February 2019 11 Ministry of Water and Environment ABBREVIATIONS AND ACRONYMS ACRONYM DEFINITION AIDS Acquired Immune Deficiency Syndrome ALCs Area Land Committees CAO Chief Administrative Officer CBO Community Based Organizations CDO Community Development Officer CGV Chief Government Valuer CIWA World Bank Cooperation in International Waters CSO Civil Society Organisations DFCU Development Finance Company of Uganda DIZ Direct Impact Zone DLB District Land Boards DLO District Land Office DSMP Dam Safety Management Plan DSTV Digital Satellite Televisions DWD Directorate of Water Development EFT Electronic Funds Transfer EIS Environmental Impact Statements ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental Social Management Plan GDP Gross Domestic Product GFS Gravity Flow Schemes GISO Gombolola Internal Security Officer GoU Government of Uganda GRCs Grievance Resolution Committees GRM Grievance Resolution Mechanism HC Health Center HIV Human Immunodeficiency Virus www.newplan.ug Resettlement Action Plan – February 2019 12 Ministry of Water and Environment HMIS Health Management Information Systems IFC International Finance Cooperation IPMP Integrated Pest Management Plan IPPF Indigenous Peoples Planning Framework KM Kilo Meter LARF Land Acquisition Resettlement Framework LC Local Council LGDP Local Government Development Plan Ltd Limited MAAIF Ministry of Agriculture and Animal Fisheries MAVA Market and Asset Valuation Assessment MCM Million Cubic Metres MEMD Ministry of Energy and Mineral Development MGLSD Ministry of Gender Labour and Social Development MLHUD Ministry of Lands, Housing and Urban Development Mr. Mister MWE Ministry of Water and Environment MWE-WfP Water for Production Department NBI Nile Basin Initiative NCORE Nile Cooperation for Results NELSAP Nile Equatorial Lakes Subsidiary Action Program NEMA National Environment Management Authority NFA National Forestry Authority NGO Non-Governmental Organizations OC Officer in Charge OP Operation Policy OPD Out Patient Department PAP Project Affected Persons PFPs Private for Profit PHPs Private Health Practitioners www.newplan.ug Resettlement Action Plan – February 2019 13 Ministry of Water and Environment PLC Parish Land Committees PMTCT Prevention of Mother to Child Transmission PNFPs Private Not for Profit Pty Private registered company PwD Persons with Disabilities RAP Resettlement Action Plan RDC Resident District Commissioner RPF Resettlement Policy Framework RTI Respiratory Tract Infection SACCO Savings and Credit Cooperatives SAGE Social Assistance Grants for Empowerment SC Sub County SDA Seventh Day Adventists SMC Safe Male Circumcision SPSS Scientific Package for Social Scientists TB Tuberculosis TC Town Council TCMPs Traditional and Complementary Medicine Practitioners TCP Troppenwasser Consulting Professionals TV Television UBOS Uganda Bureau of Statistics UGX Uganda Shillings ULC Uganda Land Commission UNBS Uganda National Bureau of Statistics UNESCO United Nations Educational Scientific and Cultural Organisations UPE Universal Primary Education USD United States Dollar VHT Village Health Teams WB World Bank www.newplan.ug Resettlement Action Plan – February 2019 14 Ministry of Water and Environment DEFINITIONS CONCEPT DEFINITION Compensation Refers to payment in cash or in kind for an asset to be acquired or affected by an infrastructure project at replacement cost including both full market value and transaction costs. Compensation also involves more than a one-time payment process. It involves improvement or restoration of incomes and livelihoods. Directly Affected All those who reside or derive their living from areas where the project will Persons have a direct impact, often referred to as the Direct Impact Zone (DIZ), consisting of all the project components including temporary land-take (camps, equipment lay-downs etc., auxiliary sites) and permanent land-take (for permanent Project components. Involuntary Involuntary resettlement refers both to physical displacement (relocation or Resettlement loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition or restriction of access to natural resources. Resettlement is considered involuntary when affected individuals or communities do not have the option to refuse land acquisition that results in displacement. This occurs in cases of: (i) lawful expropriation or restrictions on land use based on eminent domain; and (ii) negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail. Livelihood The term “livelihood” refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage-based income, agriculture, petty trade, etc. Project Affected Affected persons are defined as those who stand to lose, as a consequence of Persons (PAPs) the project, all or part of their physical and non-physical assets, including homes, productive land, commercial properties, income earning opportunities, etc. including community or social structures (resulting in social disarticulation). Replacement cost The market value of the assets plus transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. Market value is defined as the value required to allow Affected Communities and persons to replace lost assets with assets of similar value. www.newplan.ug Resettlement Action Plan – February 2019 15 Ministry of Water and Environment Resettlement The planning document that describes what will be done to address the direct Action Plan social and economic impacts associated with involuntary taking of land. Squatter Any individual that settles on property without right or title or payment of rent: This category includes encroachers into forest reserve managed by the Government of Uganda for the purpose of this RAP. Stakeholders Any individuals, groups, organizations and institutions interested in and potentially affected by a project or having the ability to influence the project. Vulnerable People who may, by virtue of gender, ethnicity, age, physical or mental Groups disability, economic disadvantage or social status, be more adversely affected by resettlement than others; and who may have a limited ability to claim or take advantage of resettlement assistance and related development benefits. Cut-off date Date of commencement of the census of PAPs or DPs within the Project program area boundaries. This is the date on and beyond which any person whose land is occupied for the project will not be eligible for compensation . Census Field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) because of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the local Government Institutions (LGIs). Kibanja This refers to persons who buy portions of land on Mailo land and are protected by Ugandan law to allow them to live on and use the land. They are however obligated to pay certain annual royalties to the Mailo owner Gender Based This is a term used to denote harm inflicted upon individuals and groups that Violence is connected to the normative understanding of the gender. Grievance Redress Avenues through which disputes and grievances shall be resolved amicably before Mechanism resorting to legal means. Disturbance costs These refers to costs that are incurred by the client in addition to compensation assessed for any assets. Disturbance allowance of 15 percent or, if less than six months’ notice to give up vacant possession is given, 30 percent of any sum assessed for three months or less, Income Re-establishing income sources and livelihoods of affected people. Restoration of Restoration incomes of all APs is one of the key objectives of the RAP. www.newplan.ug Resettlement Action Plan – February 2019 16 Ministry of Water and Environment EXECUTIVE SUMMARY A: Introduction The Government of Uganda through the Ministry of Water and Environment (MWE) with support from the World Bank is preparing the Irrigation Development and Climate Resilience Project (IDCRP). The project objectives are to develop (i) irrigation, drainage infrastructure and services, and (ii) institutional capacity in irrigated agricultural production in the project areas. The project will contribute to improvement of farm incomes, rural livelihoods, food security, climate resilience, sustainable natural resources management in the proposed areas of Kabuyanda in Isingiro District. The Project comprises three components here listed: Component 1 - Irrigation and Drainage Service Development; Component 2 - Support services for agricultural production and value-chain development; Component 3 - Institutional Strengthening and Implementation Support. Component 1 - Irrigation and Drainage Service Development will be implemented by MWE with support from the Decentralised MWE Structures and Local Government, with the exception of a reforestation activity which will be implemented by the National Forestry Authority (NFA). The component will construct new large-scale irrigation schemes (Kabuyanda, Matanda/Enengo), carry out activities for the Operational and Maintenance (O&M) of new (Kabuyanda, Matanda/Enengo) and existing (Agoro) schemes, develop studies for future schemes (Amagoro, Nyimur), and implement integrated catchment management interventions. Sub-component 1.1: Infrastructure Development. Activities will include: (i) dam construction and associated head works; (ii) construction of irrigation networks (pipes, canals, hydro-mechanical equipment); (iii) on- farm irrigation works and equipment; (iv) construction of drainage networks; (v) construction of access and scheme roads; (vi) construction of scheme offices, sanitation facilities, and weather stations; (vii) technical assistance for preparation of feasibility studies and detailed designs for irrigation schemes; (viii) technical assistance for monitoring and control of works; (ix) technical assistance for O&M of irrigation schemes (including WUAs); (x) technical assistance for environmental audits and implementation of the Environmental and Social Management Plan (ESMP). Sub-component 1.2: Integrated Catchment Management. Activities will include: (i) technical assistance for the preparation of scheme-specific catchment management plans; and (ii) implementation of the interventions identified in the catchment management plans. Kabuyanda Irrigation scheme is one of the projects that was designed under the previous NELSAP as Kabuyanda Water Resources Development project but was not funded. Feasibility and detailed design, Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) for Kabuyanda Irrigation scheme were undertaken under NELSAP www.newplan.ug Resettlement Action Plan – February 2019 17 Ministry of Water and Environment in 2017. The project design has been revised to reduce the project cost and this has necessitated the revision and update of the ESIA and RAP respectively, including all the additional required documents (Integrated Pest Management Plan (IPMP), and Dam Safety Management Plans (DSMP). Given the above aspects, it is therefore necessary to update the RAP for Kabuyanda Irrigation scheme to incorporate the new design review changes, before its implementation under IDCRP. All infrastructural development projects that entail involuntary resettlements require a Resettlement Action Plan, as per World Bank policies and Ugandan laws. The general objective of the Resettlement Action Plan (RAP) is to lay down a framework for managing the loss of economic activities, livelihoods and assets of project affected people and/or their resettlement from the site, through monetary compensation or compensation in kind. This RAP has been prepared in accordance with standard RAP practice and in line with Ugandan Policies, as well as social safeguard policies of the World Bank Group largely drawing its propositions from the Operational Policy (OP) 4.12 on involuntary resettlement. The preparation of the RAP document is based on review of relevant literature, consultations with affected communities, socio-economic baseline and asset surveys carried out at community level for the PAPs and their respective assets. B: Project Description The Kabuyanda Irrigation Development and Climate Resilience Project (IDCRP) is located in Isingiro and Ntungamo District in south-western Uganda, and falls within the broad zone known as Uganda’s “cattle corridor”, which stretches from the south-west to the north-east of the country. Characterized by fluctuating rainfall and with up to 4 months of little to no rainfall, it is dominated by pastoral rangelands and resource variability. The proposed project consists of a dam and an irrigation scheme. The project will affect the three Sub-Counties of Kabuyanda, Kikagati, and Nyakitunda, as well as Kabuyanda Town Council. Within Ntungamo District, only Rukoni East Sub County will be affected. Kabuyanda Dam (25m high earth-fill dam with reservoir with a storage capacity of approximately 7.8 MCM) will be located approximately 5km north-west of Kabuyanda Town, and will submerge an area of 302 Ha within the Rwoho Forestry Reserve under the NFA, a degraded forest partially restored with non-indigenous species (pines and eucalyptus). The irrigation area served by the dam has an area of 3,663 Ha, and extends southwards from the dam bordering the banks of the Mishumba River. The area suffers from low access to water, with occasional border conflicts arising when pastoralists cross into Tanzania, and vice versa, in search of water and pasture during the dry seasons. The design team considered 2 alternatives for the dam location as a way of minimizing project impact and optimizing. Alternative 1 is located about 2km upstream in forest reserve area while www.newplan.ug Resettlement Action Plan – February 2019 18 Ministry of Water and Environment alternative 2 location lies downstream of alternative 1 in an urbanized area with settlements and area heavily used for agriculture. In order to minimize the impact on displacement and resettlement, alternative 1 of the dam location was chosen. C: Policy Legal and Institutional framework The key policy and legislations governing compensation and resettlement in Uganda and that will guide the implementation of this RAP include: Uganda National Land Policy, 2013, Uganda Constitution, 1995, Land Act, Cap 227, The Land Acquisition Act, 1965, The Access Roads Act, 1964, the Local Government Act, 1997, the Survey Act, and the Water Act, 1997. Reference will also be made to the Environmental and Social Management Framework (ESMF) for IDCRP developed by Ministry of Water and Environment. International policies that have been reviewed include The Universal Declaration of Human Rights, The African Charter on Human and people's Rights, World Bank Operational Policies specifically Involuntary Policy on Resettlement – O.P 4.12 and OP 17.50 Public Disclosure. There are however gaps that have been identified between the World Bank’s Operational Policy 4.12 and Uganda’s legislation. These include among others the following: Ugandan legislation does not provide for compensation of those without legal right or claim to land while World Bank guidelines provide for compensation even to those without legal claim to land. OP 4.12 emphasizes in-kind compensation and resettlement assistance whereas Ugandan legislation does not obligate the developer to pay in-kind or to provide resettlement assistance. A detailed analysis of the gaps and provisions made for the implementation of this RAP are presented in Table 3-1. Ministry of Water and Environment will be the main implementing institution for this RAP. Other institutions that will be involved include Ministry of Lands and Urban Development, Ministry of Agriculture, Animal Industry and Fisheries, National Environment Management Authority (NEMA), Ministry of Gender, Labour and Social Development, District Land Boards (DLBs), District Land Offices (DLOs) and Private Sector entities among others. D: Public Consultation and Participation Public consultation aimed at sharing information about the project, obtaining information about the concerns, needs and priorities of the potential affected persons, managing expectations and misconceptions regarding the project, collecting information about the trends, practices, and norms in the project area and creating and enabling environment through which the project will smoothly operate. A total of 14 separate meetings were held with different stakeholders. These were carried out between 3rd and 16th November 2017. The following stakeholders have to date been consulted.  National level (Ministry of Water and Environment (MoWE), Ministry of Energy and Mineral Development (MoEMD), National Forestry Authority and Ministry of Agriculture, Animal Husbandry and Fisheries. www.newplan.ug Resettlement Action Plan – February 2019 19 Ministry of Water and Environment  Local government officials (Chief Administrative Officer (CAO), District Environmental Officer, Resident District Commissioner, District Forestry Officer, District Agricultural Officer, Operation Wealth Creation, Town Clerk, Councillors, Local Council II Chairpersons, Local Council I Chairpersons, Officer in Charge (OC), Local Council III Chairperson, Gombolola Internal Security Officer (GISO), District Speaker, Opinion Leaders, Elders, Sub County Chief, Community Development Officer.  Others (Kaiho Farm School Leavers Cooperative Society, Kigarama Commodity Marketing Cooperative Society Limited, Kabuyanda Dairy Cooperative Society Limited, Tukundane Fish Farm Limited  Local Community (Community members from various villages). Views and concerns from stakeholders at all levels (national, local government and directly and indirectly project affected persons) were sought through interviews and public meetings. Issues/concerns were raised and suggestions provided by the different stakeholders. E: Social Assessment and Socioeconomic Surveys A socioeconomic survey was conducted assess the conditions of the people that will be directly affected and the control group (indirectly affected) by the project. The estimated number of property owners that will be directly affected by the project through loss of property is 1,615 of which 15 are licensees on NFA land. Considering that the average household size in Isingiro District is 4.8 persons (5 persons), the estimated number of affected persons is 8,075. A breakdown of the population per component is presented in Table 6-1. The baseline survey recorded the average age of household head as being 49.7 years with the youngest being 21 years and the eldest at 95 years and the median age was 36 with a mode of 30. Most of the household heads were in the age brackets of 26-35, 36-45 and 56-55 years. The elderly (65+) comprise of 13.1% and 7.4% of the directly and indirectly affected groups respectively implying that special attention needs to be given to these people during implementation of the Resettlement Action Plan and the project in general. The majority of the Project Affected households are headed by males (at 62.6 % and 69.7% for the directly and indirectly affected) while the female-headed households constituted just under 40% for both categories of PAPs. The majority of the directly affected household heads (68.8%) are married. The most predominant tribe is the Bakiga followed by Banyankore. Majority of the household heads from both categories attained primary education and a sizeable number never attained any education. In terms of gender, the findings showed that more women did not attain any education as compared to the male household heads and fewer women attained higher levels of education compared to the male PAPs. www.newplan.ug Resettlement Action Plan – February 2019 20 Ministry of Water and Environment The baseline identified different categories of vulnerable of the PAPs as including; female heads of Households (37.4%), the disabled (including members of their households) – 2%, those with chronic illnesses (like, TB, HIV/AIDS, Heart Diseases and Diabetes)- 0.9%, the elderly 13.1%. TB, HIV/AIDS, Heart Diseases and Diabetes) – 0.9%. The elderly 65+ were recorded at 13.1%The Land tenure systems in the area include customary, leasehold, freehold, public land and communal land. There are several institutions owning land within the directly affected area. These include National Forestry Authority (NFA), educational institutions such as, Kabesekye Primary School, Bukurungu Primary, School Kitezo Primary School, Kigarama International School, Nyampichi Primary School, Kabuyanda Primary School, Kabugu Primary School, Kabugu Catholic Church, St. Mary’s Primary School religious institutions such as St. Jude Catholic Centre and Ruyonza Church of Uganda. Agriculture (mainly subsistence farming) is the main source of livelihood for majority of the households in both categories. These other activities through which the household generate income include Motorbike taxi services (locally known as “bodaboda”), casual labourer, brick laying, trading etc. Those who generate income from trading mostly sell crops like beans, maize, sorghum, bananas, and coffee. Majority of the household heads in both categories earn less than UGX 100,000 per month. The most common assets owned by households in the project area include land, a house, radio, domestic animals, cell phone and a bicycle. Other assets owned include solar panels, motorcycles and television sets. Very few households owned a car. Land is the major natural resource accessed by households in the project area. The land is mainly used for crop farming, tree planting, animal rearing and fish farming. Other natural resources the people depend on are streams and river tributaries for water supply and fish farming. The communities also access firewood from Rwoho Forest Reserve. In addition, non-timber forest products such as medicinal plants, mushrooms, are accessed from Rwoho Forest Reserve. F: Potential Project Impacts The proposed Kabuyanda Irrigation Development and Climate Resilience Project will have impacts on people and institutions in Kabuyanda Town Council and Isingiro District as a whole. The impacts of the project on households will include both positive and negative impacts. Below is a summary of the impacts. Impact on Land: Land that will be affected is mostly comprised of NFA land – 302.47 ha (details are contained in an independent report attached as Appendix E). The rest includes a combination of sections that will be impacted by i) the laying of sections of the main and secondary irrigation pipes mainly along the road reserve and individuals/institutions properties’ edges so as to avoid land acquisition, ii) the laying of smaller tertiary pipes that will be laid along the boundaries of individual www.newplan.ug Resettlement Action Plan – February 2019 21 Ministry of Water and Environment plots in the command area for the same reason and, iii) the construction of the access road to the main camp, which will require compensation of 28 PAPs individually losing between 0.004 to 0.725 acres of land totalling about 2.2 acres. Impact on Forests: Dam site, reservoir, camp sites, and access roads are located within the Rwoho Forestry Reserve under the NFA, a degraded forest partially restored with non-indigenous species (pines and eucalyptus). An independent assessment was conducted by MWE and NFA to carry out an inventory of all affected trees and licensees. The inventory recorded 15 licences comprising of 13 private trees farmers and 2 Collaborative Forest Management (CFM) groups. Details of the impact on NFA and proposed mode of compensation are contained in an Assessment Report attached as Appendix E. In general principle, the licenced private tree farmers will be compensated for the trees cut, at rotation value of 8 years and shall be provided with land within the Rwoho forest reserve to plant more trees; whereas the unlicensed private farmers will be compensated for their trees and crops destroyed but shall not be allocated more land for tree planting. As part of the catchment management, the project will mitigate the impact of the inundation of the degraded forest through the planting of a larger area within the Reserve, using indigenous species. Impact on Structures: Table 0-1 shows the type of structures that will be affected and their numbers. Table ES1: Estimated Affected Structures Type of Structure Estimated Number Residential structures 93 Commercial buildings 02 Auxiliary structures (Kitchen, toilets, 67 bathrooms) Animal houses 13 Graves 4 Gate 02 Enclosed mud and Wattle structure with a 4 Local Domestic Polythene Water reserve Pit Hedge fence 117 Perimeter wall 03 Concrete Water Tanks 02 Green house 01 Valley dam 02 www.newplan.ug Resettlement Action Plan – February 2019 22 Ministry of Water and Environment Beehive 01 Total 311 Impact on Public Infrastructure: Institutions whose property may be affected by the project is shown in Table 0-2 Table ES2: Institutions likely to be affected Name of Public Institution Expected type of impact Project Component 1. Kabesekye Primary School Land and crops Main line 2. Bukurungu Primary School Land Secondary line 3. Kitezo Primary School Land Secondary line 4. Kigarama International School Crops and land Main line 5. Nyampichi Primary School Land and trees Main line 6. Kabuyanda Primary School Land Main line 7. Kabugu Primary School Land and trees Main line 8. Kabugu Catholic Church Land and trees Main line 9. St. Jude Catholic Centre Land Main line 10. St. Mary’s Primary School Toilet, teachers’ residences (2No), Main Line kitchen (2No), water tank 11. National Forestry Authority (NFA) Land Main line, camp, dam area, reservoir, office, workers’ camp Impact on Crops/Trees: Crops that will be affected by the project include bananas, coffee, seasonal crops such as maize, sweet potatoes, beans, vegetables, sorghum, millet, yams etc. Fruit trees include mangoes, avocado, pawpaw and jackfruit. On the other hand, timber trees that will be affected include eucalyptus and pine trees as well as other trees like bush trees and omukunyu. Impact on Cultural Sites and Assets: Around 4 graves and 3 religious institutions will be affected by the development of Kabuyanda IDCRP. Loss of Access to Natural Resources: Natural resources that will be affected by the project include forest cover for NFA and grazing land. Land take for NFA land is estimated at around 302 Ha. Positive Impacts from the Project Despite having some of the negative impacts highlighted above, the proposed Kabuyanda IDCRP is expected to bring positive impacts. The following positive impacts are expected: ● Very high irrigation potential which will increase crop production and levels of income. www.newplan.ug Resettlement Action Plan – February 2019 23 Ministry of Water and Environment ● Provision of employment opportunities for local people. ● Development of skills among the project workers ● Improvement of access roads ● Tourism potential will be enhanced G: Valuation for Losses and Compensation Framework To prepare for compensation and other resettlement benefits, it is imperative that a comprehensive asset and affected persons’ inventory is prepared. The inventory specifies the type of buildings/structures, crops/trees, size of land and land tenure system affected. At the affected land plots, the valuer took a careful assessment of the affected property. This was done through both measurement and enumeration of the affected property. Photographs of affected persons and property were taken during the assessment. Seasonal crops were not included in the assessment as these will be harvested by the owners before land take, however, in case the notice to vacate the land will be short, then all seasonal crops will be assessed and compensated. Estimates for compensation payable for crops and trees were computed using Mitooma District Compensation Rates 2016/17. A 10% value adjustment was added to bring the applied rates to current value and also to cover up any inflation gap. Assessment for temporary and semi-permanent structures was computed using District Compensation Rates while permanent structures were assessed basing on replacement cost. Sizes of the different structures were measured in square meters. A disturbance allowance of 30% has been awarded on top of the assessed amount in compliance with the Land Act, Cap 227. The upper limit for the disturbance allowance was considered for purposes of calculating the RAP budget estimate. The update of the valuation report will revise the disturbance allowance basing on the period of notice to vacate the land that will be given to the PAPs. H: Livelihood Restoration Measures From the land and valuation surveys, the negative impact on livelihoods is expected to be minimal because of the nature of the project. Most of the affected persons will be losing strips of their land. Crops that will be affected mainly include bananas and coffee. Other crops are seasonal crops such as maize, sweet potatoes, beans, vegetables, sorghum, millet, yams etc. Fruit trees include; mangoes, avocado, pawpaw and jackfruit. Timber trees that will be affected include eucalyptus and pine trees. Proposed livelihood strategies are mainly land based and these include: ▪ Land / Agricultural based livelihoods and support - Provision of training in proper usage of irrigation infrastructure. www.newplan.ug Resettlement Action Plan – February 2019 24 Ministry of Water and Environment - Collaboration with the districts to intensify the provision of agricultural extension services to the farmers. - Promotion of horticultural agriculture among the farmers through training. - Promotion of agroforestry among the affected households and farmers in the area in general through basic training. - Training in good agricultural practices and improved technology including the use of modern technology to cultivate land more efficiently, organic pesticides and integrated pest management. - Provision of replacement ‘economic’ trees plus technical support in maintaining them until reaching full productive potential. ▪ Access to employment opportunities during project construction ▪ Financial literacy and management training I: Grievance Resolution Mechanism Grievances on this project will be resolved through Grievance Resolution Committees (GRCs) and Courts of law, but the latter will be as a last resort if GRCs fail. The project implementers hand in hand with the appointed Grievance Resolution Committee members will endeavour that grievances are solved amicably, efficiently and in a quick manner. The GRCs will be constituted at different levels i.e. village, sub county district levels. Composition of the GRCs at village level will include Chairperson Local Council one (LC1); an elder; two democratically elected PAPs, (one female and male) and MWE Representative. At sub county level, members will comprise of Chairperson Local Council III (LC3), Sub County Chief/ Town Clerk, Community Development Officer (CDO), Area Land Committee Representative and MWE Representative. At district level, the GRC members will comprise of Chief Administrative Officer (CAO), Chairperson Local Council V (LCV), Community Development Officers, District Land Officer and Environmental Officer. The first point of grievance resolution will be at village level, if the grievance is not resolved at this level, it will be forwarded to the sub county for further management. If at the sub county level, the grievance is not resolved, it will be forwarded to the District Grievance Resolution Committee. The guiding principle in addressing complaints is that the matters must be addressed as expeditiously as possible. The Legal Advisor on the implementing team will give guidance on cases that require legal input. J: Budget and Funding Arrangements www.newplan.ug Resettlement Action Plan – February 2019 25 Ministry of Water and Environment Cash compensation for land developments is estimated at UGX 2,555,345,275 (USD 690,634) while the estimated RAP implementation budget is UGX 3,656,451,5834 (USD 988,230). Thus, the total is UGX 6,211,796,858 (USD 1,678,864). Table ES 3: RAP Implementation Budget Estimated Budget Item Assumptions (USD) Cash compensation for land and developments Cash compensation 690,634 (excluding NFA assets) Sub Total 1 690,634 This will mainly include training in different Livelihood Restoration 420,000 aspects as shown in Chapter 8. Additional monetary support for vulnerable group Assistance to vulnerable groups 10,000 if found necessary Mobilization and sensitization by local 35,000 Assumption of 5,000$ for 7 sub counties government Assumption of 10,000 per Grievance Committee Grievance Resolution Engagements 70,000 (5 GRCs at SC level & 2 @ district level). The village level GRCs will utilize the same budget. Relocation Assistance for 4 graves 800 Estimated at 200$ per grave for 4 graves 1 workshop for 5 sub counties @ USD5,000; 1 Institutional capacity reinforcement 65,000 work for 2 districts @ USD5,000; 1 workshop for relevant ministries @ USD 20,000 Sub Total 2 600,800 Sub Total 3 (1+2) 1,291,434 Inflation allowance 129,143 10% inflation Monitoring of resettlement activities (10% 129,143 of the resettlement budget) This will take care of any unforeseen Contingency (10% of resettlement budget 129,143 circumstances Sub Total 4 387,430 Total (3+4) 1,678,864 Total (UGX) 6,211,796,858 Exchange Rate: 3700 The Government of Uganda will be responsible for the funding of the Resettlement activities. K: RAP Implementation Schedule RAP implementation schedule is proposed over a period of 1 year followed by 2 years of monitoring. The RAP implementation unit and local committees would be informed shortly after www.newplan.ug Resettlement Action Plan – February 2019 26 Ministry of Water and Environment approval of RAP by CGV and funding entity. Compensation payments and resettlement assistance are expected to start at about the same time and extend over 12 months, after which construction would commence. At this stage the Cut-off date which was communicated as 15th October 2018 is well indicated to the PAPs to avoid any further development for their project affected area. L: Monitoring and Evaluation Monitoring and Evaluation includes the establishment of socio-economic background data of the affected persons prior to actual land acquisition or physical relocation and regular monitoring of their situation for a specified period of time after land acquisition and relocation. Both internal and external monitoring will be undertaken for this RAP. The main objective of monitoring is to provide the developer and funder with feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. Both qualitative and quantitative evaluations will be made to ascertain whether the affected people have achieved at the minimum their pre-project standard of living. www.newplan.ug Resettlement Action Plan – February 2019 27 Ministry of Water and Environment 1. INTRODUCTION 1.1. Background The Government of Uganda through the Ministry of Water and Environment (MWE) with support from the World Bank is preparing the Irrigation Development and Climate Resilience Project (IDCRP). The project objectives are to develop irrigation, drainage infrastructure and services institutional capacity in irrigated agricultural production in the project areas. The project will contribute to improvement of farm incomes, rural livelihoods, food security, climate resilience, sustainable natural resources management in the proposed areas of Kabuyanda in Isingiro. Kabuyanda Irrigation scheme is one of the projects that was designed under the previous NELSAP as Kabuyanda Water Resources Development project but was not funded. Feasibility and detailed design, Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) for Kabuyanda Irrigation scheme were undertaken under NELSAP in 2017. The project design has been revised to reduce the project cost and this has necessated the revision and update of the ESIA and RAP respectively, including all the additional required documents (Integrated Pest Management Plan (IPMP), and Dam Safety Management Plans (DSMP). Given the above aspects, it is therefore necessary to update the RAP for Kabuyanda Irrigation scheme to incorporate the new design review changes, before its implementation under IDCRP. 1.2. Overview and Scope of the Proposed Project The Irrigation Development and Climate Resilience Project (IDCRP) is composed of 3 components; ● Irrigation and Drainage Service Development, ● Support Services for Agricultural Production and Value-Chain Development, and ● Institutional Strengthening and Implementation Support . Component 1 - Irrigation and Drainage Service Development will be implemented by MWE with support from the Decentralised MWE Structures and Local Government, with the exception of a reforestation activity which will be implemented by the National Forestry Authority (NFA). The component will construct new large-scale irrigation schemes (Kabuyanda, Matanda/Enengo), carry out activities for the Operational and Maintenance (O&M) of new (Kabuyanda, Matanda/Enengo) and existing (Agoro, Olweny) schemes, develop studies for future schemes (Amagoro, Nyimur), and implement integrated catchment management interventions. Sub-component 1.1: Infrastructure Development. Activities will include: (i) dam construction and associated head works; (ii) construction of irrigation networks (pipes, canals, hydro-mechanical equipment); (iii) www.newplan.ug Resettlement Action Plan – February 2019 28 Ministry of Water and Environment on- farm irrigation works and equipment; (iv) construction of drainage networks; (v) construction of access and scheme roads; (vi) construction of scheme offices, sanitation facilities, and weather stations; (vii) technical assistance for preparation of feasibility studies and detailed designs for irrigation schemes; (viii) technical assistance for monitoring and control of works; (ix) technical assistance for O&M of irrigation schemes (including WUAs); (x) technical assistance for environmental audits and implementation of the Environmental and Social Management Plan (ESMP). Sub-component 1.2: Integrated Catchment Management. Activities will include: (i) technical assistance for the preparation of scheme-specific catchment management plans; and (ii) implementation of the interventions identified in the catchment management plans. The RAP activities undertaken for the irrigation components of Kabuyanda are discussed in Chapter 2. 1.3. Purpose of the Task The purpose of this task is to develop a Resettlement Action Plan consistent with the laws and policies of Uganda as well as the World Bank’s policy on involuntary resettlement, and based on current, comprehensive and complete information as produced and provided by the project feasibility studies. The content of this RAP is aimed at standardising the way in which land acquisition and resettlement planning will be conducted for all project components and to assure a consistent approach in line with both National Legislation and World Bank Safeguard Policies, specifically Operational Policy (OP) 4.12, and to establish estimates of the anticipated numbers of potential Project Affected Persons (PAPs)/households, assets and costs for compensation and resettlement. Section V of World Bank’s O.P 4.12 provides for three different kinds of planning instruments, including: 1. A Resettlement Plan or Abbreviated Plan required for all operations that entail involuntary resettlement. However, where impacts on the entire displaced population are minor, or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower. 2. A Resettlement Policy Framework: (which is required for projects specified in paragraphs 26-30, or which have multiple subprojects and where, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with O.P. 4.12 prior to appraisal (see Annex, Part III). For other subprojects that www.newplan.ug Resettlement Action Plan – February 2019 29 Ministry of Water and Environment do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. 3. A Process Framework: (Paragraph 3b) is prepared for projects involving restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. This report therefore is in line with World Bank Policy, O.P 4.12 guidelines. 1.4. Objectives of the Resettlement Action Plan All infrastructural development projects that entail involuntary resettlements require a Resettlement Action Plan, as per World Bank policies. The general objective of the Resettlement Action Plan (RAP) is to lay down a framework for managing the loss of economic activities, livelihoods and assets of project affected people and/or their resettlement from the site, through monetary compensation or compensation in kind. Specific RAP objectives include: 1. To identify and assess the impacts of land acquisition that may remove or alter the land, structures, assets, livelihoods, and natural resources available, or affect individual or community access to any of these, as well alter or disrupt social practices and coherence of community structures. 2. To consult relevant stakeholders, including all potentially affected persons, and document their concerns regarding the proposed land acquisition in preparation for the Kabuyanda Irrigation Development and Climate Resilience Project. 3. Raise awareness of the project and its consequences among the general public and particularly among those people who will be directly affected by it. 4. Measure the current property and socio-economic status of the Project Affected Persons to assess compensation and mitigation measures required, and to prepare cost estimates for resettlement/compensation. 5. Prepare a RAP that sets out strategies and schedules to mitigate the adverse effects of mass displacement of people from their ancestral land. 1.5. Scope of the RAP This RAP will cover interventions under Sub-component 1.1 (Infrastructure Development), which will be causing Involuntary resettlement. They include: (i) dam construction and associated head works; (ii) construction of irrigation networks (pipes, canals, hydro-mechanical equipment); (iii) on- farm irrigation works and equipment; (iv) construction of drainage networks; (v) construction of www.newplan.ug Resettlement Action Plan – February 2019 30 Ministry of Water and Environment access and scheme roads; (vi) construction of scheme offices, sanitation facilities, and weather stations. More specifically it will cover the following: ▪ An earth-fill dam with 33.4 maximum height and a crest length of approximately 280 m; ▪ A free-flow ogee crested spillway located on the left bank of the dam, designed to discharge a flood of 57 m3/s, with a return period of 10,000y; ▪ A Control Building; ▪ An irrigation network consisting of: - main and secondary distribution lines reaching the different zones in the command area, - tertiary lines distributing water directly to the irrigation units and relevant hydrants, - hydrants, each serving one irrigation unit; ▪ A drainage network composed of primary and secondary drainage canals designed in order to convey adequately drained water from each irrigation unit to the existing hydro graphic network. Tertiary drainage canals are included, too. 1.6. Approach and Methodology The preparation of this RAP document was based on review of relevant literature, consultation with affected communities, socio-economic baselines and asset surveys carried out at community level for the PAPs from 1st November 2018- 15th January 2019. The property valuation and land survey assessment considered all assets affected by the main water lines, secondary water lines, worker’s camp and management camp, access roads, intake area, dam and reservoir areas. 1.6.1. Document review Documents that were reviewed and informed the contents of this report include: ▪ Final feasibility study report for Kabuyanda Irrigation Development and Climate Resilience Project (IDCRP); ▪ Final design study report for Kabuyanda Irrigation Development and Climate Resilience Project (IDCRP); ▪ Uganda National Population and Housing Census 2017; ▪ Isingiro District Five Year Development Plan II 2015/2016 – 2019/2020; ▪ Kabuyanda Town Council Five Year Development Plan 2015/2016 – 2019/2020; ▪ Health Management Information Systems (HMIS), Isingiro District, Annual Analysis Report (July 2016 – 2017); and ▪ Relevant laws and policies 1.6.2. Stakeholder Consultations www.newplan.ug Resettlement Action Plan – February 2019 31 Ministry of Water and Environment Different stakeholders were consulted during this study through: structures and unstructured interviews, focus group discussions and community meetings. Stakeholders included those at national, local government and community levels – directly and indirectly affected community members as described in Chapter 5. Other stakeholders consulted include large scale farmers and cooperative societies. Views and concerns of the different stakeholders on compensation and resettlement were collected, documented and included in the report. 1.6.3. Socio-economic baseline data collection Quantitative and qualitative data collection was undertaken using a variety of methodologies, in order to capture up-to-date and comprehensive socio-economic information on potential directly affected households in the project area. The methods used included: a) Stakeholder Consultation As described above. b) Socioeconomic Household Surveys Quantitative data was collected using a structured baseline socio-economic household survey questionnaire, for which Research Assistants with a good command of both English and local languages were recruited and trained in survey techniques. The data collected was entered and computed using MS-Excel and Scientific Package for Social Scientists (SPSS), and the resulting analysis structured to provide an insightful and in depth study into the baseline socio-economic conditions of PAP households. c) Observation Whilst in the field, the Consultant undertook continuous non-participatory observation and qualitative ethnographic documentation of the potentially affected communities, households and living conditions, for purposes of gaining a greater understanding of responses provided during household and stakeholder interviews, and in order to substantiate the results of the socio-economic analysis and identification of trends within the affected communities. Qualitative data of this type provides much of the detail within the broader scope of the socio-economic household survey, and is invaluable in understanding ground realities for the project affected communities. 1.6.4. Asset Surveys and Estimation of Affected Persons Assets including perennial crops, trees and structures, were documented, assessed and the value estimated using a combination of methods. The number of Project Affected People was estimated by carrying out a census for each person with property in the direct area of impact. The census was carried out per each project component with eligible property for compensation. The laying of the tertiary pipelines will not require land acquisition. More so, they will be buried underground and will have no major impact on assets. As www.newplan.ug Resettlement Action Plan – February 2019 32 Ministry of Water and Environment much as possible, the excavation will be timed to match with the harvesting season to minimize impacts on crops. ▪ This being a project that will majorly benefit the communities, land in the irrigation command area was not valued. This is aimed at: Enhancing ownership of the development and responsibility from the communities in terms of operation and maintenance. ▪ Providing the local people with a meaningful stake in the project. ▪ Instilling a sense of pride and confidence in the project. ▪ Increasing participation among community members, volunteering, attendance at meetings etc. Consultations with the communities on this aspect have been spearheaded by MWE through the local government leadership. Crops and trees were enumerated and also measured in acreage. Permanent and non-permanent structures were captured through taking measurements of the structures and enumeration of the auxiliary structures such as kitchens, animal houses, latrines, toilets etc. 1.7. Report Structure The structure of this report is as follows: Executive Summary Chapter 1: Introduction Chapter 2: Project Description Chapter 3: Policy, Legal and Institutional Framework Chapter 4: Public Consultations and Participation Chapter 5: Social Assessment and Socioeconomic Surveys Chapter 6: Potential Project Impacts Chapter 7: Compensation Framework Chapter 8: Livelihood Restoration Chapter 9: Grievance Redress Mechanism Chapter 10: Organisational Arrangements Chapter 11: Budget and Funding Arrangements Chapter 12: Implementation Schedule Chapter 13: Monitoring and Evaluation Arrangements www.newplan.ug Resettlement Action Plan – February 2019 33 Ministry of Water and Environment 2. PROJECT DESCRIPTION 2.1. Project Location The Kabuyanda Irrigation Development and Climate Resilience Project is located in the Isingiro and Ntungamo Districts in south-western Uganda, and falls within the broad zone known as Uganda’s “cattle corridor”, which stretches from the south-west to the north-east of the country. Characterized by fluctuating rainfall and with up to 4 months of little to no rainfall, it is dominated by pastoral rangelands and resource variability. The proposed access roads, workers’ and management camps, dam and its associated infrastructure will be located in Kabuyanda Sub-county whereas the Irrigation network will be situated in both Kabuyanda and Kikagati sub-counties as well as Kabuyanda Town Council. Administrative structure in Uganda is divided according to District – County – Sub-County – Parish – Village, and within Isingiro District. The project will affect the three Sub-Counties of Kabuyanda, Kikagati, and Nyakitunda, as well as Kabuyanda Town Council. Within Ntungamo District, only Rukoni East Sub County will be affected. Figure 2-1 shows the layout of project components, in conjunction with districts and sub counties. Kabuyanda Dam will be located approximately 5km north-west of Kabuyanda Town. The irrigation area served by the dam has an area of 3,663 Ha, and extends southwards from the dam bordering the banks of the Mishumba River. The area suffers from low access to water, with occasional border conflicts arising when pastoralists cross into Tanzania, and vice versa, in search of water and pasture during the dry seasons. The dam will be located on the Mishumba River, a tributary of the Kagera River. The catchment area of the Mishumba River drains part of the Rwoho Central Forest Reserve, and later joins the Kagera River along the Uganda-Tanzania border. The dam site is located on the edge of Rwoho Forest upstream of the Kikagate area. The dam drains an area of about 90 Km 2. Figure 2-2 shows the location map for the reservoir catchment and irrigation area. Compensation for the developments in the forest reserve will be carried out under an implementation plan implemented by NFA and monitored by MWE. The implementation plan will entail revising the Management Plan for Rwoho CFR to provide for existence of the dam and also to allocate other areas for the private tree farmers and CDM project. The area covered by the dam shall still remain a forest reserve and new strategies will be developed for the management of the CFR with a dam therein. Compensation of the private tree farmers in the affected area of the forest will include possibility of accessing land in another area within the forest reserve but outside the project site. www.newplan.ug Resettlement Action Plan – February 2019 34 Ministry of Water and Environment Figure 1-1: Layout of Project Components www.newplan.ug Resettlement Action Plan – February 2019 35 Ministry of Water and Environment Figure 1-2: Location map for the reservoir catchment and irrigation area. www.newplan.ug Resettlement Action Plan – February 2019 36 Ministry of Water and Environment 2.2. Project Components The project is composed of the following main components: ▪ An earth-fill dam with 33.4 maximum height and a crest length of approximately 280 m; ▪ A free-flow ogee crested spillway located on the left bank of the dam, designed to discharge a flood of 57 m3/s, with a return period of 10,000y; ▪ A Control Building; ▪ An irrigation network consisting of: - main and secondary distribution lines reaching the different zones in the command area, - tertiary lines distributing water directly to the irrigation units and relevant hydrants, - hydrants, each serving one irrigation unit; ▪ A drainage network composed of primary and secondary drainage canals designed in order to convey adequately drained water from each irrigation unit to the existing hydro graphic network. Tertiary drainage canals are included, too. 2.2.1. Dam The proposed dam will be located in the villages of Katooma I and Kagoto II in Kanyamizi Parish, Kabuyanda Sub-County in Isingiro District. The coordinates of the dam site area are (UTM, WGS84): E 233602 and N 9899313. The dam envisaged for the Kabuyanda Project is a homogeneous earth-fill dam type. All the materials foreseen for the construction of the dam body are available on site or in close proximity. Table 2-1 shows the main features of the proposed dam. Table 1-1: Main Features of the Dam Maximum dam height (H) 33.4 m Maximum crest length (m) 280 m Crest Elevation (Cel) 1374.5 m a.s.l Maximum Base Width (upstream to downstream toe) (BW) 200 m Upstream slope (SUS) 3:1+4.5:1+6:1 h/v Downstream slope (SDS) 3:1 h/v Crest road width (CW) 7m A drainage pipe around 220 m long has been designed along the dam axis at a depth of about 10 meters from the original ground elevation. The drainage pipe is a corrugated steel pipe and is accessible from the intake gallery. The main function is to collect the water from the drainage system and to monitor the eventual presence of seepage problems. www.newplan.ug Resettlement Action Plan – February 2019 37 Ministry of Water and Environment 2.2.1.1. Spillway and Stilling Basin The spillway structure of Kabuyanda Dam will be located on the left side of the dam following the direction of flow of River Mishumba. A side channel spillway was selected, since it is particularly well-suited for embankment dams. The spillway system will comprise the following hydraulic elements: - an ogee crest with sill elevation at 1371 m a.s.l., 5.5 high; - a side channel about 110 m long, characterized by a rectangular section 8.5 m wide and by a variable flow in the first stretch in correspondence of the spillway crest. - a steep chute about 80 m long (calculated along the axis) characterized by a rectangular section of progressively narrowing width (from 8.5 m to 5 m); - a 30 m long and 5 m wide stilling basin for energy dissipation, located at the end of the chute. 2.2.1.2. Intake and Bottom Outlet The function of the intake pipe is to divert water from the reservoir for: - the pressurized irrigation system; - ecological release; - draw-down the reservoir in an emergency or for exceptional maintenance (bottom outlet). The intake pipe has been conceived as a braced vertical steel pipe having a diameter of 1,200 mm and a total length of about 260 m. It will enter into the valve chamber where a double T-junction will connect the vertical pipe with the horizontal pipe running into the intake gallery. The intake gallery is accessible and has the double function of protecting the pipe and allowing maintenance operations on the diversion pipes. The main intake pipe was designed to divert the design flow Qmax of 2.0 m3/s as a sum of the following: - 1.2 m3/s (maximum flow to pressurized irrigation system) 3 - 0.1 m /s (maximum ecological flow) 3 - 0.7 m /s (maximum flow to be released into the natural river for irrigation purposes). In emergency conditions, the intake pipe and the bypass is used to empty the reservoir. In the worst case, the reservoir will be emptied in about 3 months, differently in case of maintenance of either the irrigation system or the powerhouse system the reservoir will be emptied respectively in 1.5 months and 2 months. The bypass with all other diversion systems normally operating is able to empty the reservoir in about 40 days. 2.2.2. Control Building The open-air control building has coordinates of 232662 E, 99003823 N (WGS 84) and is located within the dam area, approximately 110m from dam axis centre and 33.4m from the dam toe. With www.newplan.ug Resettlement Action Plan – February 2019 38 Ministry of Water and Environment dimensions of 21 m by 12 m, it will be situated on the left bank of the Mishumba River, in Kagoto II village, Kanyamizi Parish in Kabuyanda Sub-County. The control building will serve as a control building for the management of irrigation water. From the control building it will be possible to divert the reservoir water into the: - pressurized irrigation system; - natural river for the ecological flow. 2.2.3. Reservoir The reservoir starts from the dam area in Katooma I and Kagoto II villages in Kanyamizi Parish, Kabuyanda Sub-County in Isingiro District. It has a small section stretching into Mukazianyara Village, Kirungu Parish, and Rukoni East Sub County in Ntungamo District. The reservoir ends at coordinates 232805E, 9903108 N (WGS 84), where Isingiro District (Kabuyanda Sub County) borders both Mbarara District (Rwampara Sub County) and Ntungamo District (Rukoni East Sub County). The need to fulfil the irrigation demand in the defined area of operation was a major a determinant in the size of the reservoir. 2.2.4. Irrigation System 2.2.4.1. Distribution System and Irrigation Method Distribution will consist of a piped network under pressure. In fact, an open-canal distribution system would prove much more difficult to conceive and expensive in terms of both construction and – most importantly – maintenance costs. The distribution network will provide water under pressure. 2.2.4.2. Irrigation Network The irrigation system is composed of the following items: ▪ the main and sub-main or secondary distribution lines reaching the different zones in the command area, ▪ the tertiary lines distributing water directly to the irrigation units and relevant hydrants, ▪ the hydrants. The irrigation network is not open canal. It will convey water through underground pipelines and delivered at the hydrant under pressure. i) Main Distribution Line The main distribution line is conveying the flow of the system under optimized hydraulic conditions of flow velocity and friction losses. It takes water from the source to distribute it to the sub main (secondary or tertiary) distribution lines. www.newplan.ug Resettlement Action Plan – February 2019 39 Ministry of Water and Environment ii) Secondary Distribution Lines These are pipelines which, if necessary, extend from the main lines to reach significant irrigation areas lying far away from the main pipeline. Secondary lines branch into tertiary lines to serve the single irrigation unit. In some cases, tertiary lines can take straight from the main pipeline and in this case the secondary lines are not required. The main and secondary distribution lines are the project components that will have an impact on structures and land which will lead to physical displacement of some households. iii) Tertiary Distribution Lines These are pipelines which extend from the main or sub main (secondary) lines and have hydrants mounted on them, each serving one irrigation unit. iv) Hydrants These are fitted on the tertiary lines and equipped with a shut-off valve. They deliver water to the irrigation unit. In the case of a pressurized irrigation system, they feed the manifolds (feeder lines). 2.2.4.3. Drainage Network The drainage network will provide the necessary conditions to develop irrigated agriculture while keeping under control the water table that is a crucial condition for satisfactory production and environmental protection. In addition to that, the drainage network appears to be of significant importance because of the erosion risk the Kabuyanda soils are prone to, working as a flooding and water logging control system during rainfall events. The drainage network is composed of primary and secondary drainage canals designed in order to adequately convey drainage water from each irrigation unit to the existing hydro graphic network. Tertiary drainage canals are included, too. The primary drainage network is basically represented by existing water courses. In fact, morphological characteristics of the project area show several natural gullies carrying natural runoff towards the valley floor and the main rivers network. Thus, in order to minimize engineering works and the environmental impacts, it is assumed that secondary drains, which follow mainly the terrain contour lines, discharge drainage flow directly into the natural hydro graphic network. 2.2.5. Access Roads The roads planned in this project provide access to: − dam area; − management’s camp, workers’ camp and offices; − Irrigation area. www.newplan.ug Resettlement Action Plan – February 2019 40 Ministry of Water and Environment The access roads to be rehabilitated cover a 27 km total length, of which: - Approximately 2 km are to be constructed, including access to the dam site, to the management’s camp, to the pumping stations and including the roads running from the dam site to the north on the left bank of the river (about 190 m). - The remaining 25 km stretches must be rehabilitated (from the branch out from the main road Mbarara-Kikagati about 65 km from Mbarara to the dam and irrigation appurtenances structures). The road will be enlarged and stabilized in order to transport heavy construction materials and machineries. The new access road to be constructed around the dam area will connect to the existing non- asphalted roads upstream of the dam at the spillway (coordinates 232580E, 9900320N (WGS 84)) and this road will connect to the workers’ camp. On the downstream side, the new access road connects to the existing access road at coordinates 232914E, 9899669N (WGS 84) and then connects to the management camp at coordinates 233543E, 9900380N (WGS 84). www.newplan.ug Resettlement Action Plan – February 2019 41 Ministry of Water and Environment 2.3. Alternatives to Minimize Land Acquisition and Physical Displacement The design team considered 2 alternatives for the dam location as a way of minimizing project impacts and optimizing project objectives (Figure 2-4). Figure 1-3: Alternative dam locations Alternative 1 is located about 2km upstream in forest reserve area while alternative 2 location lies downstream of alternative 1 in an urbanized area with settlements and area heavily used for agriculture. In order to minimize the impact on displacement and resettlement, alternative 1 of the dam location was chosen given that there are less significant impacts due to zero structures and less cultivation land (0.22 hectares) whereas alternative 2 has more significant impacts due to the presence of 180 structures to be affected and larger expanse of cultivation land (16.90 hectares). www.newplan.ug Resettlement Action Plan – February 2019 42 Ministry of Water and Environment 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1. Introduction This chapter describes the Ugandan policies, laws and institutional framework relevant to the land acquisition and resettlement activities for the proposed Kabuyanda Irrigation Development and Climate Resilience Project under which the Resettlement Action Plan (RAP) is to be implemented. The chapter also describes the relevant sections of the World Bank Operating Policy 4.12 guideline on Involuntary Resettlement. A comparison and gap analysis of the Ugandan laws and World Bank’s O.P 4.12 is also provided. 3.2. Standards for Land Acquisition and Resettlement This Resettlement plan has been prepared in accordance with the requirements of the Government of Uganda and the World Bank for land acquisition and resettlement. The Government of Uganda has set standards to follow when land is to be acquired for public interest. Under the Ugandan Constitution, the government is authorized to acquire land for a public purpose and compensate affected persons in accordance with the law. It specifically provides for the “prompt payment of fair and adequate compensation” prior to taking possession of the land. Similarly, the World Bank has clear standards on the resettlement of displaced persons under the Operational Policy 4.12 – Involuntary Resettlement. The overall objectives for the OP 4.12 – Involuntary Resettlement are the following: a) Involuntary resettlement should be avoided where feasible or minimized by exploring all viable alternative project designs. b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 3.3. Uganda Policy Framework 3.3.1. Uganda National Land Policy, 2013 In regard to compulsory land acquisition, the policy states that, “the State as a trustee for the citizens of Uganda shall exercise the power of compulsory acquisition responsibly and in the public interest”. www.newplan.ug Resettlement Action Plan – February 2019 43 Ministry of Water and Environment This will be in accordance with the Land Act and Land Acquisition Act. In this way, the government has committed itself to creating an enabling environment to attract investments and establishment of social infrastructure in accordance with established laws and procedures. It is also emphasized that measures to mitigate the negative effects of such investments will be put in place. Regarding land rights of women and children, the policy states that “ the government shall by legislation, protect the right to inheritance and ownership of land for women and children; “and “the Government shall ensure that both men and women enjoy equal rights to land before marriage, in marriage, after marriage and at succession without discrimination.” During implementation of the RAP activities, the rights of women and children affected by the project shall be taken into consideration. 3.3.2. Uganda Gender Policy, 2007 The main goal of the policy is to achieve gender equality and women's empowerment as an integral part of Uganda's socio-economic development. One of the guiding principles of the policy is gender equality. The policy recognizes that gender equality is an integral part of national development processes and reinforces the overall development objectives in the country. The policy emphasizes government's commitment to elimination of gender inequalities and empowerment of women in the development process. In relation to land acquisition the policy highlights that women’s land rights are recognized in the Land Act Cap 227, Section 39 where spousal written consent is a requirement on all matters relating to land on which the person resides with his/her spouse and from which the family derives sustenance. The framework has recommended the need for spousal consent for PAPs with affected residential structures. 3.3.3. National Policy for Older Persons, 2009 The policy recognizes that all older persons are equal before the law, and are entitled to equal treatment and benefits from the laws. Older persons should be provided with opportunities to take appropriate decisions on matters affecting their lives and families. Special attention will be provided by this project to older persons affected by the project. 3.4. Uganda Legal Framework There are a number of national legal frameworks that regulate land relations in Uganda. These laws include the Constitution of the Republic of Uganda 1995, Land Act 1998, and The Land Acquisition Act 1965, The Physical Planning Act, 2010, The Public Procurement and Disposal of Public Assets Act, 2003, The Public Procurement and Disposal of Public Assets Regulations, 2003amongst others. These frameworks define land rights, ownership, procedures and requirements of transfer and www.newplan.ug Resettlement Action Plan – February 2019 44 Ministry of Water and Environment acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or public body for public projects. For the purpose of this RAP, a legal review was conducted based on the following laws and regulations. 3.4.1. Uganda Constitution, 1995 The Constitution of the Republic of Uganda details land ownership in Uganda. Under A. 237(1) it provides that land belongs to the citizens of Uganda and shall vest in them in accordance with the land tenure systems provided for in the Constitution. It prescribes four tenure regimes in accordance with which rights and interests in land may be held, that is: customary tenure, freehold tenure, mailo tenure and lease hold. Land tenure is relevant in determining land rights since different tenures confer different rights. Under Article 273(2) (a), the Constitution empowers the Government to compulsorily acquire land although this power is subjected to Article 26 of the Constitution. Article 26 provides that every person has a right to own property either individually or in association with others and no person shall be compulsorily deprived of property or any interest in or right over property of any description. The article makes two major exceptions: (a) the taking of possession or acquisition of property must be necessary for public use or in the interest of defence, public safety, public order, public morality and public health; (b) the compulsory taking or acquisition of property must be made under a law which makes provision for prompt payment of fair and adequate compensation, and any person who has interest or right over the property must not be denied the right of access to courts of law. During the 1995 Constitution-making process, the Constitutional Commission found that many people felt that payment of compensation to persons deprived of their land and property was often inadequate and delayed. Article 26(2) in the 1995 constitution, therefore, was meant to ensure prompt and adequate compensation. The general principle of compensation outlined in the Constitution is that the owner who is compelled to sell or relinquish rights over land has the right to be put in the same position i) Land tenure regimes and transfer of land Article 237 of the Constitution, 1995, vests land ownership in citizens of Uganda and identifies four land tenure systems, namely: customary; freehold; mailo; and leasehold. However, another form of land ownership known as ‘kibanja’ is prevalent within the project area and along the buffer zone. A kibanja was a new type of land holding created as a result of the Busuulu and Envujju Law of 1928. Although the law was repealed, its provisions provide authority for customary land rights in the Buganda area. These systems are detailed under Section 4 of the Land Act (Cap 227) and outlined below: www.newplan.ug Resettlement Action Plan – February 2019 45 Ministry of Water and Environment a) Customary Tenure  Land is owned in perpetuity;  This tenure 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;  Customary occupants are occupants of former public land and occupy land by virtue of their customary rights; they have proprietary interest in the land and are entitled to certificates of customary ownership which may be acquired through application to the Parish Land Committee and eventual issuance by the District Land Board. b) Freehold Tenure  This tenure derives its legality from the Constitution of Uganda and its incidents from the written law.  It enables the holder to exercise, subject to the law, full powers of ownership.  It involves the holding of land in perpetuity or for a period less than perpetuity fixed by a condition. c) Leasehold Tenure This tenure system is:  Created either by contract or by operation of the law;  Where the tenant has security of tenure and a proprietary interest in the land; and  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. d) Mailo Tenure The Mailo land tenure system is a feudal ownership introduced by the British in 1900 under the Buganda Agreement. "Mailo" is a Luganda word for “mile” as the original grants under the agreement were measured in square miles. Prior to the 1975 Land Reform Decree, Mailo land was owned in perpetuity by individuals and by the Kabaka (hereditary King of Buganda). All Mailo land parcels have title deeds. Persons who buy portions (kibanja) on Mailo land are protected by Ugandan law to live on and use the land, but they are obliged to pay certain annual royalties to the Mailo owner (currently Ug. Shs 1000 about US 60 cents per household per year according to land law. Currently, titling of kibanja interests has been commissioned by the Buganda Land Board which offers leasehold interest to kibanja holders upon registration. No title deed was initially associated with kibanja purchase: the Mailo owner would simply write a sale (purchase) agreement witnessed by village local leaders (LCs), www.newplan.ug Resettlement Action Plan – February 2019 46 Ministry of Water and Environment giving the kibanja buyer full rights to own and use the purchased portion of Mailo land. Such a buyer can sell his/her kibanja to a new owner but notify Mailo owner and local leaders about the changed ownership. In cases of compensation, an apportionment of land value of 30% and 70% share of the market value is given to the landlord and kibanja owners respectively, depending on developments invested on the affected land. For example, a kibanja owner who has permanent structures or perennial crops is entitled to a 70% share of the compensation value while one with only temporary structures or annual (seasonal) crops may be entitled to only 30%. The Mailo tenure system:  Derives its legality from the Constitution and its incidents from the written law;  Involves holding of land in perpetuity;  Permits separation of ownership of land from the ownership of development on land made by a lawful or bona fide occupant; and  Enables the holder to exercise all the 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. Although only these latter forms of tenure are legally defined under the Land Act, the context of common law also recognizes “Licensee” or “Sharecroppers”, these terms having similar meanings in practice. Licensees are persons granted authority to use land for agricultural production. Traditionally, such production would be limited to annual crops and not perennial types. Licensees have no legal security of tenure or any property right in the land and their tenure is purely contractual. It will be noted, however, that JICA safeguard policies require compensation of PAPs irrespective of legality of their tenure on land. ii) Rights of spouses and children In compensation and resettlement, rights of spouses 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 head of households on land on which the family lives. Section 40 of the Land Act, 1998 requires that no person shall: a) Sell, exchange, transfer, pledge, mortgage or lease any land; or enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any land; b) Give away any land or enter into any transaction in respect of land:  In the case of land on which ordinarily reside orphans, whom are still minors, with interest in inheritance of the land, except with prior written consent of the Committee;  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; www.newplan.ug Resettlement Action Plan – February 2019 47 Ministry of Water and Environment  In the case of land on which the person ordinarily resides with his or her dependent children (minors) except with the prior written consent of the Committee; In the case of land on which the person ordinarily resides with his or her dependent children (minors) of majority age, except with the prior written consent of the dependent children (minors). 3.4.2. Land Act, Cap 227 Section2 of the Act provides for land ownership as prescribed in Article 237 of the Constitution. Circumstances under which people claim an interest in land varies from case to case. With respect to acquisition and compensation of such land, it is essential to look at how the Land Act caters for such individuals and who is recognised as the lawful party to receive compensation. The Land Act Section 29 recognises a number of people with respect to land occupancy, namely, lawful occupants, bona fide occupants, persons not qualified to be bona fide occupants and tenants by occupancy. All forms of land occupancy recognised by the law shall be taken into consideration in the preparation and implementation of the RAP for this project. Section 39 gives restrictions on transfer of land by family members. Section 39 (1) requires a written consent from the (i) spouse(s), (ii) children of majority age, (iii) committee where children or orphans below majority age are involved before any person transfers, sells or enters into contract of land where the household derives its livelihood. Section 39 (7) allows the spouse or children of majority age, not being the owners to lodge a caveat on the certificate of title or certificate of customary ownership of the person who is the owner of any land to which subsection (1) applies to indicate that the property is subject to the requirement of the consent under subsection (1). The consent of spouses and children will be required especially where the land is for residential purposes. The Act lists a series of land administration institutions (Sections 46-76) consisting of the Uganda Land Commission (ULC), District Land Boards (DLB) and Parish Land Committees (PLC). The roles of the relevant institutions have been clearly defined in Section 3.8 of this report. Section 77 (2) provides for disturbance allowance. It states that “ in addition to compensation assessed under this section, there shall be paid as a disturbance allowance of 15 percent or, if less than six months’ notice to give up vacant possession is given, 30 percent of any sum assessed under subsection (1) ”. An appropriate disturbance allowance shall be paid based on the duration of the time to be given to PAPs to vacate the land. For purposes of computing the budget estimates, a 30percent disturbance allowance has been computed in addition to the assessed compensation amount of the affected property. 3.4.3. Land Acquisition Act, 1965 The Land Acquisition Act provides for the procedure of compulsory land acquisition in Uganda. Compulsory acquisition is the power of government to acquire private rights in land without the www.newplan.ug Resettlement Action Plan – February 2019 48 Ministry of Water and Environment willing consent of the owner or occupant in order to benefit society. Compulsory acquisition requires finding a balance between the public need for land on one hand and the provision of land tenure security and protection of private property rights over land on the other hand. Because of its disruptive nature, compulsory land acquisition must be handled carefully, taking into consideration three basic principles: protection of due process and fair procedure; good governance-agencies that compulsorily acquire land should be accountable for the good faith implementation of the legislation; fair and timely compensation, and provision for fair hearing of the aggrieved people. Failure to comply with some of these principles inevitably results in delay of projects due to ongoing appeals against unfair procedures. The Land Acquisition Act makes provision for the procedures and methods of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister of Lands may authorize any person to enter the land, survey the land, dig or bore the subsoil or any other field study or investigation necessary for ascertaining whether the land is suitable for a public purpose. The Government or developer is to compensate any person who suffers damage as a result of the action. The Act requires that adequate, fair and prompt compensation is paid before taking possession of land and property. Disputes arising from the compensation to be paid should be referred to the court of law for decision. 3.4.4. Access Roads Act, Cap 350 The Act seeks to ensure that a private landowner/developer who has no reasonable means of access to public highway may apply for leave to construct a road of access to a public highway. The Act establishes a mechanism of applying for an access road to public highway and a legal regime to ensure the safety of the neighbouring environment. The Act permits the owner of any land over which an access road is to be constructed to be paid compensation in respect of the use of land, the destruction of crops or trees and other property on the land. The Act also has provisions for grievance resolution between the developer and owner of land over which the access is to be constructed by applying to Magistrate’s Court for leave to construct a road of access. Access roads to the dam site will be required and thus this Act will be applicable. Additionally, it will be necessary to improve on the existing access roads to the site and where necessary to also open up new access. 3.4.5. Survey Act, 1964 Prior to construction works in any part of the country, it is mandatory for a survey of the area to be carried out. Survey operations in Uganda are governed by The Survey Act of 1964. Under this Act, the Commissioner of Surveys can authorize the carrying out of a survey of any land if it is deemed necessary. However, where a general survey is necessary, notice of such, specifying the local limits of the area affected has to be published in the gazette before the survey is undertaken. In case the survey is of a special nature, which could be outside the capacity and scope www.newplan.ug Resettlement Action Plan – February 2019 49 Ministry of Water and Environment of the Commissioner, then the Minister may order for such a survey. In that case, the Minister must specify the nature of the survey to be carried out and its purpose. The Minister is compelled to comply with the provisions of the Act when doing so. Only government surveyors or duly authorized officers and workmen may enter upon any land, make all or any inquiries and do or cause to be done all things necessary for effecting such a survey. Obstructing a surveyor when he is carrying out lawful activities is an offence under this Act (Section 31). However, in all cases, notice must always be given to the party to be affected by the survey. With regard to compensation, Section 23 of the Act stipulates as follows: “Where any demand for compensation is made as a result of the clearance of any boundary or other line, a Government surveyor shall, as soon as conveniently may be, inspect any trees, fences, or standing crops which are alleged to have been cut down or damaged, and, if he or she shall consider that any compensation should be paid, shall pay or tender to the owner of the trees, fences or standing crops the amount of compensation which in his or her opinion should be allowed for them”. The proposed project will involve the acquisition of land that shall need surveying, demarcation and possible compensation, hence the relevance of the Act. 3.4.6. Local Government Act, 1997 This Act gives effect to the Government Policy on de-centralization and devolution of functions, powers, and services to Local Governments. Under this Act, District and lower Local Councils are given the responsibility of managing their natural resources. Some of the de-centralised services and activities for which District Councils are responsible are stipulated under Second Schedule Part 2, Section 5 and include land administration, physical planning, land surveying, conservation of forests and wetlands, social rehabilitation, labour matters, community development, vulnerable children, cultural affairs and others. District and lower Local Councils of Isingiro and Kabuyanda will be involved in the process of preparation and implementation of the Resettlement Action Plan and also in the construction and operation of the project. 3.4.7. The Water Act 1997 (CAP 152) Section 33 of this Act Subsection (1) stipulates that where damage is caused to land through the exercise of powers conferred upon the Minister, the director or an authorized officer by this Act, the Government shall compensate all parties having an interest in that land. Subsection (2) states that damage to land includes (a) deprivation of possession of the surface land; damage to the surface of land and any improvements, trees or crops; damage to stock; and all consequential damage. Subsection (3) stipulates that compensation may be in the form of money; provision of an alternative supply of water; exchange of land for another piece of public land if the land lost was www.newplan.ug Resettlement Action Plan – February 2019 50 Ministry of Water and Environment under the Land Reform Decree, 1975; or any other type of compensation which the Minister may consider appropriate. Under Subsection (4) it is stated that in calculating monetary compensation for damage to land under this section; in respect of compulsory acquisition of any interest in land, no amount shall be paid in respect of the taking or use of water on, adjacent to or beneath that land, unless the effect of that taking or use is to deprive the owner or occupier of the right to use water conferred by section 8, or any water permit granted under this Part of the Act. 3.4.8. Remedies Available to Displaced Persons in the Judicial Process and the Normal Time Frame for such Procedures People involved in a land disputes traditionally go before the clan elders, however the increasing number of disputes has challenged the capacity of customary resolution mechanisms to resolve conflicts, especially in countries where available land is scarce. It’s important to note that increased disputes have also undermined the office and potency of traditional elders. In light of the above, apart from traditional institutions, various mechanisms are set up to resolve land disputes namely: Local Council Courts: These courts are established under the Local Council Courts (LCC) Act 2006. Under s.3 of the LCC Act, they are meant to be courts of first instance at every village, parish, town, division and sub county level. Under s.10 of the Act, the LCCs have jurisdiction/power to try and determine matters relating to land held under customary tenure within the territorial area where the court is located. However, this means the LC Courts only have power to handle disputes over customary land as provided under s.13 of the Act. Local councils and courts exist at different tiers and they are the first instances where land disputes can BE heard. They work in parallel with customary institutions. Local Council II Courts: Local councils at the parish level which are the first instances where land disputes can be heard; Local Council III Courts: local councils at the sub-county level which hear appeals against Local Council II rulings. However, since Local council elections have not been conducted since 2006, Local counsel courts are not functional. In absence of the Local Council Courts, the first instance of reporting land disputes is the Chief Magistrates court. The Chief Magistrates’ Courts: These usually have to execute the rulings of LC 2 and LC 3 courts, which put an additional step for land dispute resolution. They also hear appeals from LC courts. Appeals form the magistrates’ courts proceed to the High Court. The High Court has a Land Division, which is charged with the responsibility of supervising the work of Land Tribunals and the adjudication of all land related dispute fall under this Division. The Division has jurisdiction to entertain all actions or cases arising out of or connected with any land transaction, including but not limited to, compensation paid for the compulsory acquisition of land, minerals and mineral rights and environmental disputes or causes, sale, purchase and transfer of real www.newplan.ug Resettlement Action Plan – February 2019 51 Ministry of Water and Environment property, leasing and rental of real property, hypothecation and securitization of land, other than as a mortgage involving a bank loan or credit facility, and destruction or degradation of land. There is no fixed time frame for these procedures because a number of factors come into play, namely, the nature of the land dispute, availability of the judges, availability of evidence to support the case, witnesses etc. 3.4.9. Available Alternative Dispute Resolution Mechanisms that may be Relevant to the Project 3.4.9.1. Traditional or Customary Methods The Land Act 1998 specifically recognized the role of customary law in dispute settlement and mediation in relation to land held under customary law. The Act states that at the beginning of a case, or at any time during a hearing, if the court is of the opinion that, because of the nature of the conflict, it ought to be dispensed with by traditional mediation, it may notify the parties to try to settle the dispute through this mechanism. The court may adjourn its proceedings for up to three months in such circumstances to make the parties’ time to strain and arrive at agreement. Both parties are free to resume formal proceedings if either is not satisfied with the outcome of this process. Where a dispute is because of a customary system of owning land, the traditional or clan elders can hear the case or can be mediators and help the people who are disagreeing to reach an agreement. The traditional or clan elders use their customs to hear the case. 3.4.9.2. Mediation Mediation is another alternative dispute resolution mechanism for resolving land disputes It has been termed as “the interaction between two or more parties who may be disputants, negotiators, or interacting parties whose relationship could be amended by the mediator’s intervention. The parties/disputants decide to seek the assistance of a third party, and this party decides whether to mediate. As the mediation gets underway, the third party selects from a number of available approaches and is influenced by various factors, such as environment, mediator’s training, disputant’s characteristics, and nature of their conflict. Once applied, these approaches yield outcomes for the disputants, the mediator, and third parties (other than the mediator) Sections 88 and 89 of the Land Act provide for Customary Dispute Settlement and mediation as well as the functions of the mediator. Where a Land tribunal adjudicating over a land dispute in Uganda has reason to believe, on the basis of the nature of the case, that it would be more appropriate for the matter to be handled through a mediator, whether traditional authorities or not, may advice the disputant parties as such and adjourn the case accordingly Section 89 of the Land Act provides guidance on the basis of which the selection and functions of a mediator follow. It provides that the mediator should be acceptable by all the parties; should be a person of high moral character and proven integrity; not subject to the control of any of the parties; www.newplan.ug Resettlement Action Plan – February 2019 52 Ministry of Water and Environment involve both parties in the mediation process, and; should be guided by the principles of natural justice, general principles of mediation and the desirability of assisting the parties to reconcile their differences S.30 of the Land Act also makes provision for the appointment of mediators, on an adhoc basis, in an attempt to resolve land disputes. The Act specifies that the services of a mediator may be used in negotiations between landowners and tenants who are either seeking to gain occupancy rights or conduct a transaction relating to the land in question. 3.5. Environmental and Social Management Framework (ESMF) - Ministry of Water and Environment Ministry of Water and Environment has developed an Environmental and Social Management Frame Work (ESMF) for IDCRP. The purpose of the framework is to ensure that interventions under the Irrigation Development and Climate Resilience Project are undertaken in a manner that avoids and minimizes environmental and social impacts as much as possible. The framework presents the steps involved during environmental and social assessment and management process as per Ugandan regulations and in tandem with OP 4.01 be used to guide screening, assessment, review and approval of subprojects under the IDCRP. The Framework emphasizes monitoring of project impacts and reporting to ensure that all the required environmental and social mitigation measures set out are implemented satisfactorily. The Frame work emphasizes coordination with Government Agencies during implementation of the project. It also recommends capacity building for project implementers. 3.6. International Policy Instruments, Guiding Principles and Requirements 3.6.1. The Universal Declaration of Human Rights The Universal Declaration of Human Rights and in particular Article 17 thereof, provides that everyone has a right to own property alone as well as in association with others and that no one shall be arbitrarily deprived of his property. 3.6.2. The African Charter on Human and people's Rights The Charter provides that the right to property shall be guaranteed and can only be encroached upon in the interests of the public need or in the general interests of the community and in accordance with the provisions of appropriate laws. Under article 21, in case of dispossession, the affected people shall have the right to lawful recovery as well as to an adequate compensation. www.newplan.ug Resettlement Action Plan – February 2019 53 Ministry of Water and Environment 3.7. World Bank Operational Policies 3.7.1. Involuntary Policy on Resettlement – O.P 4.12 The World Bank Resettlement Policy Framework (OP 4.12 and BP 4.12) is usually applied for projects that require international financing. The World Bank OP 4.12, Annex A (Paragraphs 17-31), describes the scope (level of detail) and the elements that a resettlement plan should include. These include objectives, potential impacts, socio economic studies, legal and institutional framework, eligibility, valuation and compensation of losses, resettlement measures, relocation planning, community participation, and grievance redress procedures, implementation schedule, costs and budgets, and monitoring and evaluation. In the following paragraphs the most relevant paragraphs from the policy are listed. WB OP 4.12 (6a) demands that the resettlement plan includes measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices among others and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs. WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly, people with disabilities, women and children and indigenous people and ethnic minorities. WB OP 4.12 (12a) states that payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. WB OP 4.12 Para (6b and c) state that in case of physical relocation, displaced persons should be (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. WB OP 4.12 (13a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. In addition, displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. WB OP 4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising. www.newplan.ug Resettlement Action Plan – February 2019 54 Ministry of Water and Environment WB OP 4.12 para. 6(a), stipulates that to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms. 3.7.2. OP 17.50 Public Disclosure According to the WB’s policy on disclosure of public information, whenever a Resettlement Plan (RAP) is required by the World Bank, a RAP must be prepared as a separate, free-standing document. This document must also be available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs. MWE and World Bank will disclose the RAP on their websites. 3.8. Comparison between Ugandan Legislation & World Bank Policies on Resettlement and Compensation There are some differences between the World Bank Policy and the Ugandan Laws on land acquisition and involuntary resettlement. While the Ugandan Laws restrict themselves to fair, adequate and prompt compensation, the World Bank policy extends it to providing alternative land and resettling the persons. Furthermore, there is also no provision in the Ugandan legislation that the state should attempt to minimize involuntary resettlement whereas it is one of the key principles of WB OP 4.12. A comparison between the Ugandan legislation and World Bank requirements regarding land acquisition and compensation is given in Table 3-1 with provisions or recommendations for bridging the gaps. www.newplan.ug Resettlement Action Plan – February 2019 55 Ministry of Water and Environment Table 3-1: Comparison between Uganda and World Bank Policies on Resettlement and Compensation Resettlement World Bank OP 4.12 Ugandan Law Gap Analysis Proposed Topic Mitigation Measure Alternative Feasible alternative Activities must be World Bank The project will project Project designs exercised in a manner Standards consider alternative designs should be considered that affects land owners explicitly require designs in order to to avoid or at least as little as possible that resettlement minimize the limit physical or (Section 10.1 of EIA be minimized by impact of land economic Guideline for the considering acquisition. displacement. Energy Sector, 2004) alternative project designs. Consultation Provides for For compulsory land Both the WB O.P. Timely disclosure of and meaningful acquisition, the Minister 4.12 and national information to Information consultations with of Lands, Housing and laws recognize the affected Disclosure affected persons and Urban Development importance of communities communities, local must declare the sharing of Continuous authorities, and, as location, approximate information with stakeholder appropriate, non- area and plan of the land stakeholders and engagement with governmental required. All land project affected the PAPs and organizations owners and occupiers persons. other relevant (NGOs), including must receive a copy of stakeholders. vulnerable groups this declaration and and host must be informed on communities. when and where they can inspect the plan of the land. Eligibility Eligibility criteria Uganda laws recognise While Uganda laws All forms of should recognize the land occupancy under recognize rights of tenancy based on rights of those four regimes of land different formal or informal affected people: tenure, namely freehold, occupants and rights/ agreements leasehold, mailo and land owners under between the land ▪ Who have formal customary. Under these the different land owner and tenants legal rights to the different types of land tenure regimes, and squatters shall land or assets they ownership, occupants they do not cater be recognised. occupy or use and land owners are for resettlement The census to be ▪ Who do not have eligible for of illegal settlers, undertaken prior formal legal rights compensation for land, except for their to land acquisition to land or assets, improvements to land, developments. and resettlement www.newplan.ug Resettlement Action Plan – February 2019 56 Ministry of Water and Environment but have a claim crops and structures. activities will to land that is establish the status recognized or of the displaced recognizable persons under national law ▪ Who have no recognizable legal right or claim to the land or assets they occupy or use The census will establish the status of the displaced persons. Cut-Off Date World Bank O.P 4.12 With regard to The Uganda Cut off date, which Paragraph 15 compulsory land regulations are was 15th October provides for a cut-off acquisition the intention unclear on how a 2018, is defined as date. to acquire land must be cut-off date is to the final date for published in several be enforced. enumeration and notices; exhibited at assessment of “convenient places on or property and near the land” and persons eligible should state who should for compensation be compensated (Section will be well 5 (1) Land Acquisition documented and Act Cap. 226). disseminated throughout the project area, including local government authorities. Census Upon identification of Uganda laws do not Both the national The project will the need for require that a census be guidelines for identify all persons involuntary taken of the persons planning who will be resettlement in a who will be displaced by infrastructure displaced as a project, the borrower the project. However, Development and result of the carries out a census the other national World Bank O.P development to identify the guidelines for 4.12 require that a activities. This will persons who will be Infrastructure census be be done in the affected by the development, such EIA conducted in the form of a census www.newplan.ug Resettlement Action Plan – February 2019 57 Ministry of Water and Environment project, to determine Guidelines, provide for a event of prior to who will be eligible census as the means to compensation and displacement to for assistance and to identify all affected resettlement. determine who will discourage inflow of persons and their means be eligible for people ineligible for of livelihood. It also compensation and assistance refers to a baseline study assistance. to identify all interests in affected assets, including the rights of tenants (Section 10.4 of EIA Guidelines for the Energy Sector, 2004). Physical If the impacts include Uganda laws do not There is no specific The project will Displacement physical relocation, require that physically requirement for consider all and the resettlement plan displaced persons be the resettlement available options to Relocation or resettlement policy offered a choice of of persons who minimize physical framework includes resettlement housing are physically displacement. measures to ensure (out of the options displaced by a However, if this is that the displaced available) and relocation development not possible, persons are: assistance. However, the project in Uganda relocation EIA Guidelines for the laws, other than assistance, support ▪ Provided Energy Sector refers to making to livelihood assistance (such as the requirement to replacement restoration, moving provide suitable building materials transition allowances) during materials for displaced available. allowance will be relocation. persons to build their provided to the ▪ Provided with own housing. affected residential households and housing, or options to choose housing sites, or, from will be as required, provided. agricultural sites for which a combination of productive potential, locational advantages and other factors is at least equivalent to the advantages of the old site; www.newplan.ug Resettlement Action Plan – February 2019 58 Ministry of Water and Environment ▪ Provided with development assistance in addition to compensation measures ▪ Vulnerable ▪ The 1995 Uganda ▪ Particular attention ▪ Both the ▪ Special groups Constitution should be paid to the Ugandan attention will be stipulates that: needs of vulnerable Constitution paid to groups among those “the State shall and WB OP vulnerable displaced such as take affirmative those below the 4.12 favour persons action in favour poverty line, landless, vulnerable affected during of groups elderly; women and groups. RAP marginalised on children and However, the implementation the basis of indigenous peoples Ugandan law, gender, age, and ethnic minorities. vulnerable disability or any ▪ groups are not other reason […] fully described for the purpose of in the context redressing of resettlement imbalances which and land exist against acquisition. them”. This regulation is not fully described in the context of resettlement and land acquisition. ▪ Grievances ▪ Disputes ▪ Affected persons will ▪ Ugandan laws ▪ A grievance Redress regarding have access to an do not redress compensation will independent explicitly mechanism be determined by grievance mechanism require that accessible to Government (in to lodge concerns development project affected practice the Chief and complaints about project persons, Government compensation and implementers including free Valuer). In relocation without develop access to addition, any impeding access to independent judicial and person who has any judicial or grievance administrative an interest or right administrative redress remedies will be over property remedies mechanisms set up. being acquired that are www.newplan.ug Resettlement Action Plan – February 2019 59 Ministry of Water and Environment compulsorily has a accessible to right of access to affected a court of law. communities and individuals. In case of conflict between O P 4.12 and national laws/policies of Uganda, the former will prevail. www.newplan.ug Resettlement Action Plan – February 2019 60 Ministry of Water and Environment 3.9. Institutional Framework The preparation and implementation of the resettlement strategies will require the participation of several institutions at different levels. Coordination of the participating institutions is a critical requirement to a successful resettlement program, and it is preferable to address this early into the project cycle, ensuring that all participating parties are made aware of each other’s responsibilities, lines of reporting, communication channels, expectations and authority limits. 3.9.1. Ministry of Water and Environment, Water for Production Department (MWE-WfP) The Ministry of Water and Environment (MWE) is responsible for ensuring sound environmental management that in turn ensures that there is sufficient water for domestic, agricultural and industrial uses. MWE has the responsibility for setting national policies and standards, managing and regulating water resources and determining priorities for water development and management. Water for production refers to development of water resources for productive use (crop irrigation, livestock and aquaculture), rural industries, and other commercial uses. Water for Production is a critical area that contributes to the overall National Development Plan. The long-term objective of the Water for Production Department is " to promote development of water supply for agricultural production in order to modernize agriculture and mitigate effects of climatic variations on rain-fed agriculture " through: ▪ Bulk water transfer from areas of plenty to areas of scarcity. ▪ Promoting water resources assessment and planning for agricultural production - increasing the capacity of the farmers to access and use water for; crop, livestock and fisheries production. ▪ Promoting appropriate water harvesting technologies for irrigation and livestock development. ▪ Promoting the participation of the farmers and the private sector in financing and planning, development and management of irrigation and livestock water supply systems. ▪ Provision of technical support to line ministries and local Government. 3.9.2. Ministry of Agriculture Animal Industry and Fisheries (MAAIF) The Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) is the lead agency for water use and management for agricultural development on-farm. The on-farm functions carried out by MAAIF include, among others, policy formulation for water use for irrigation, livestock, aquaculture and other agro-based activities; carrying out nationwide assessments on water for agricultural production needs; developing standards, guidelines and specifications for water use and management “on-farm” and schemes; planning/budgeting for water use and management of water use on public farms and schemes respectively; technical guidance to public sector developers on water use and management, quality assurance and livestock; on-farms promoting appropriate technologies on www.newplan.ug Resettlement Action Plan – February 2019 61 Ministry of Water and Environment efficient water use by all categories of farmers and monitoring and support supervision on water use for irrigation and agricultural production. Irrigation being a major component of the project, and MAAIF will collaborate with the Ministry of Water and Environment during implementation of the project. It will provide policy guidance on water use for irrigation and any other related issue that may arise. 3.9.3. The Ministry of Lands, Housing and Urban Development (MoLHUD) The Ministry of Lands, Housing and Urban Development will be responsible for providing policy direction, national standards and the coordination of all matters concerning lands, housing and urban development. Under this ministry, the Valuation Division (Office of the Chief Government Valuer - CGV) is instrumental. The CGV is responsible for guiding the valuation process, approving the compensation principles, approving compensation rates and valuation reports. The Chief Government Valuer’s office will also be involved in resolving public complaints that will arise from valuation of land and compensation payments. The Department of Lands in liaison with the District Land Boards is responsible for implementing the registration and transfer of interests in land. 3.9.4. Ministry of Gender Labour and Social Development (MGLSD) The MGLSD has, among its strategic objectives, emphasised the need for protection of vulnerable people from deprivation and livelihood risks, the creation of an enabling environment for increasing employment opportunities, and productivity for improved livelihoods and social security for all, especially the poor and vulnerable; and ensuring that issues of inequality and exclusion in accessing services across all sectors and levels are addressed. The MGLSD will have a primary role of ensuring that the rights of minorities including women, orphans and other vulnerable groups are prioritized or protected. 3.9.5. National Environment Management Authority (NEMA) The National Environmental Act provides for the establishment of NEMA as the principal agency responsible for coordination, monitoring and supervision of environmental conservation activities. NEMA is under the Ministry of Water and Environment (MWE) but has a cross-sectoral mandate to oversee the conduct of Environmental and Social Impact Assessments (ESIAs) through issuance of ESIA guidelines, regulations and registration of practitioners. It reviews and approves Environmental Impact Statements (EIS) in consultation with any relevant lead agencies. NEMA works with District Environment Officers and local environment committees at local government levels who also undertake inspection, monitoring and enforce compliance on its behalf. In Government ministries, NEMA works with Environmental Liaison Units to ensure that they effectively incorporate environmental issues in their activities, policies and programs. www.newplan.ug Resettlement Action Plan – February 2019 62 Ministry of Water and Environment NEMA will have the responsibility to assess and monitor compliance of the Resettlement Action Plan with regard to Environmental and Social Safeguards. This shall be done either through Isingiro and Ntungamo District Councils or directly through NEMA’s gazetted Environmental Inspectors. 3.9.6. Uganda Land Commission (ULC) The Uganda Land Commission (ULC) holds and manages land in Uganda vested in or acquired by the Government of Uganda. Leases on public land are granted by the ULC. When the Project acquires land for the development of project infrastructure, the land will be transferred to the ULC. 3.9.7. Office of the Administrator General The office of the Administrator General plays a key role in provision of Legal documentation such as Letters of Administration, Guardianship orders etc. all of which are necessary during RAP studies and their subsequent implementation. 3.9.8. Local Governments The system of Local Government in Uganda is based on the District as a unit under which there are Lower Local Governments and Administrative Units. In each Local Government there is a Section of political (composed of elected leaders) and technical (composed of civil servants) leaders. Each Local Government is, by law, assigned powers of making local policy and regulating for the delivery of services; formulation of development plans based on locally determined priorities; receive, raise, manage and allocate revenue through approval and execution of own budgets; alter or create new boundaries; appoint statutory commissions, boards and committees for personnel, land, procurement and accountability; as well as establish or abolish offices in Public Service of a District or Urban Council. In the context of land acquisition, the primary responsibility of the Local Government will be: ▪ To review the progress of the land acquisition and resettlement implementation and problems, if any, identified through monitoring; ▪ To make decisions regarding actions to solve the problems and designate officers to carry out these actions; ▪ To assist in the identification of property owners; and ▪ To resolve resettlement grievances. The Districts’ Land Boards will: ▪ Facilitate the registration and transfer of interests in land; ▪ Compile and maintain a list of compensation rates payable in respect of crops, buildings of a non-permanent nature and any other things that may be prescribed; ▪ Review every year the list of rates for compensation; and ▪ Deal with any matter which is incidental or connected with the above functions. www.newplan.ug Resettlement Action Plan – February 2019 63 Ministry of Water and Environment The office of the District Environmental Officer will: ▪ Review the Environmental Assessment report; ▪ Monitor environmental and ▪ Participate in the identification and selection of relocation sites. District Community Development Officer ▪ Review the grievance management system ▪ Monitor social issues ▪ Participate in community engagements ▪ Participate in grievance resolution The Local Councils will play the following roles: ▪ Mobilize the general community and Project Affected Persons; ▪ Witness the process of land survey, census of affected property and persons; ▪ Verify Project Affected Persons; ▪ Resolve Grievances; and ▪ Monitor RAP activities. 3.9.9. Non-Governmental Organizations and Civil Society Organizations Independent NGOs and Civil Society Organizations will be involved in the implementation process of the Resettlement Action Plan. Activities they will be involved in may include witnessing the RAP process, overseeing of livelihood restoration programs, monitoring and evaluation of RAP activities etc. 3.9.10. Project Task Team A project task team comprising government technical staff will be formed to provide guidance on different aspects of the project including land acquisition. Members of the team will meet as needed and will be responsible for monitoring project progress and resolving implementation constraints. www.newplan.ug Resettlement Action Plan – February 2019 64 Ministry of Water and Environment 4. PUBLIC CONSULTATION AND PARTICIPATION 4.1. Introduction The International Association for Public Participation defines ‘public participation’ as a means to involve those who are affected by a decision in the decision-making process. It promotes sustainable decisions by providing participants with the information they need to be involved in a meaningful way, and it communicates to participants how their input affects the decision. Section 12 of the Environment Impact Assessment Regulation of 1998, requires the developer to seek views of the communities that are likely to be affected by the project and to publicize the intended project, its anticipated effects and benefits, in a language understood by those communities and for a period of not less than 14 days. The World Bank’s Operational Policy 4.01 likewise emphasizes consultation and public disclosure of the project. 4.2. Objective of Public Consultation and Participation Information dissemination, consultation and participation of all stakeholders (including Project Affected People), reduces the potential for conflicts, minimizes the risk of project delays, and enables the project to design resettlement and rehabilitation as a comprehensive development program catered to suit the needs and priorities of the affected people. This in turn maximizes the economic and social benefits of the investment to the client and also the stakeholders involved. The specific objectives of stakeholder consultation include the following: ▪ To provide information about the project and to tap stakeholder information on key environmental and social baseline information in the project areas; ▪ To provide opportunities to stakeholders to discuss their views, opinions, suggestions and concerns; ▪ To manage expectations and misconceptions regarding the project; ▪ To collect all relevant information about trends, practices and norms in the project area; and ▪ To inform the process of developing appropriate mitigation and management measures as well as institutional arrangements for effective implementation and; ▪ To create an enabling environment through which the project will smoothly operate. 4.3. Stakeholders Identification and Composition During field activities carried out in the month of November 2017, several consultations were undertaken by the study team and multiple groups of stakeholders were consulted. The main groups of stakeholders consulted included the following: www.newplan.ug Resettlement Action Plan – February 2019 65 Ministry of Water and Environment 4.3.1. Directly Affected People Directly affected people are those who reside in or derive their living from areas where the project will have a direct impact, often referred to as the Direct Impact Zone (DIZ), consisting of all the project components. The directly affected people in the different villages, were identified, informed and consulted on major issues concerning relocation and compensation process. Downstream communities are not directly affected by the land acquisition process and their livelihoods will not be affected. 4.3.2. Indirectly Affected Persons This particular group of people includes all those who reside near project features or are reliant on resources within the project area and will have to relocate or adjust their livelihoods due to project activities. Consultations were held with communities residing near the proposed project sites. 4.3.3. National Stakeholders National stakeholders are always an important part of any development because they provide policy guidelines and oversee the implementation of the project. 4.3.4. Local Government Stakeholders Identified local government stakeholders include both the political and the technical leadership as shown in Table 4-1. 4.3.5. Other Stakeholders Other stakeholders identified that are very important to the project include NGOs/CBOs, Cooperative Societies, large scale farmers etc. as shown in Table 4-1. A list of the identified stakeholders is provided in Table 4-1. Table 4-1 Identified Stakeholders Stakeholder Relevance National Stakeholders ▪ Ministry of Water and Environment ▪ Provide information on National Policies and guiding principles in relation to their technical areas ▪ National Environmental Management Authority (NEMA). ▪ Are responsible for approval of reports ▪ Ministry of Energy and Mineral ▪ Will monitor the project activities Development (MoEMD) ▪ Provide policy guidelines in the agriculture, animal www.newplan.ug Resettlement Action Plan – February 2019 66 Ministry of Water and Environment ▪ Ministry of Agriculture, Animal Industry industry and fisheries, the main activities envisaged for the and Fisheries (MAAIF) proposed infrastructure in this RAP ▪ National Forestry Authority (NFA) ▪ Provide information on national laws and policies in the relevant area of forests in relation to the project ▪ Ministry of Gender, Labour and Social Development (MGLSD) ▪ Will provide information, policy guidelines and monitoring support for the social well-being and ▪ Ministry of Lands, Housing and Urban safeguards impacts/mitigation as a result of the project Development (MLHUD), Chief Government Valuer’s Office ▪ Will provide guidelines for the process of valuation, compensation and land acquisition for the project Local Government Stakeholders Political leadership ▪ Provide political support since these leaders represent the District Political Leaders (e.g. RDC, LC V communities that are going to be affected by the project. Chairperson, District Councillor/Secretary for Education and Health, Councillor in charge of ▪ They are responsible for security within the area of Technical services, LC III Chairperson etc.) operation. ▪ They are the overall overseers of the planning for development in the districts and therefore require information for planning purposes. Technical Staff ▪ Are a vital source of information about the population, District Chief Administrative Officer, District trends and other dynamics within the project area. Technical Officers (Planner, Environment, Education, Water, Fisheries, Agriculture, ▪ Shall be utilised as the contact persons in the project area Engineer, Health Inspector, Community Development, Production/Commercial ▪ Their structures at the lower local government shall be Officers, Town Clerk, Sub County Chiefs, utilised in the mobilisation of communities for the good Community Development Officers) of the project. ▪ Shall be used in the follow up and supervision of community and technical programs ▪ Could come up with proposals on how to mitigate the impacts of the project. Village leaders - LC I Chairpersons ▪ Could provide vital information at village level. ▪ They are good mobilisers of community members. ▪ Shall provide support to the project ▪ They have knowledge about land owners and potential PAPs. www.newplan.ug Resettlement Action Plan – February 2019 67 Ministry of Water and Environment ▪ They are very instrumental in resolution of grievances. ▪ They witness all the processes of land acquisition and resettlement. Communities in the project area / Directly ▪ They will be the beneficiaries of the proposed project. affected Persons, including women and members of vulnerable groups. ▪ They will be directly and indirectly affected by the project ▪ Will provide casual labour during the construction phase. ▪ They have information on land owners and users. ▪ Communities are a good source of information on the trends and dynamics within the project area. ▪ Indirectly affected Persons ▪ Could provide vital information at village level. ▪ Shall provide support to the project Other stakeholders e.g. NGOs/CBOs, ▪ Since they generally work very closely with communities, Cooperative Societies, large scale farmers etc. they can be a good source of information. ▪ Could be partnered with to minimise some of the negative social impacts. 4.4. Stakeholders Consulted The Table 4-2 below shows the stakeholders that were consulted. Table 4-2- Stakeholders Consulted Level Stakeholder category (position) ▪ Ministry of Water and Environment (MoWE); National Stakeholders (Government Institutions/ Departments) officials ▪ Ministry of Energy and Mineral Development (MoEMD) ▪ National Forestry Authority ▪ Ministry of Agriculture, Animal Husbandry and Fisheries ▪ Chief Administrative Officer (CAO) Local Government Institutions/officials ▪ District Environmental Officer ▪ Resident District Commissioner www.newplan.ug Resettlement Action Plan – February 2019 68 Ministry of Water and Environment ▪ District Forestry Officer ▪ District Agricultural Officer ▪ Operation Wealth Creation ▪ Town Clerk ▪ Councillors ▪ Local Council II Chairpersons ▪ Local Council I Chairpersons ▪ Officer in Charge (OC) ▪ Local Council III Chairperson ▪ Gombolola Internal Security Officer (GISO) ▪ District Speaker ▪ Opinion Leaders ▪ Elders ▪ Sub County Chief ▪ Community Development Officer ▪ Kaiho Farm School Leavers Cooperative Society Other stakeholders ▪ Kigarama Commodity Marketing Cooperative Society Limited ▪ Kabuyanda Dairy Cooperative Society Limited ▪ Tukundane Fish Farm Limited ▪ Directly and indirectly project affected community members from Local community various villages as indicated on the attendance lists, including women and members of vulnerable groups. 4.5. Approach and Methods for Public Consultation and Participation Public consultation and participation is a continuous process throughout the project cycle. The public consultation and participation process was commenced by other consultants in earlier phases of the project such as the feasibility and scoping phases. The process continued during this phase of finalisation of the ESIA process and preparation of the resettlement framework. Stakeholder consultations for this phase commenced on 04th November, 2017 and were concluded on 13 th November, 2017. Appointments with the stakeholders at national and local government were mainly made in writing. This process was all-inclusive, transparent and highly participatory, through the provision of sufficient information regarding the proposed project. Consulted stakeholders enthusiastically www.newplan.ug Resettlement Action Plan – February 2019 69 Ministry of Water and Environment participated during interactions. The project was briefly described, whilst issues arising, comments and/or areas of concern from the stakeholders were documented. Meetings were organized and held with the directly and indirectly affected communities and also with women and other identified vulnerable groups. Mobilization of the participants and selection of meeting venues, dates, and times was achieved with the help of local authorities, who were met in person at their respective villages. The Local Council Chairpersons were also asked to inform the affected communities through public gatherings like community meetings, church services and other religious congregations and announcements using a public address system. All the discussions were opened with a brief introduction of the project, its purpose and what its entails, followed by the aims of the preliminary Resettlement Action Plan, description of the activities involved and overview of the different teams involved. The team then guided the participants to express their views. Questions from the participants were answered and some misconceptions about the project clarified. A sample list of attendees is attached to this report as Appendix A while minutes of the meetings are attached as Appendix B. A summary of issues/concerns raised are presented in Section 4.7 and 4.8. Table 4-3 shows the schedule of Table 4-3 Schedule of Meetings Held with Stakeholders Stakeholders Number of Number of Venue Date/Time Time Males Females Ministry of Water and 02 0 Ministry Head 16/11/2017 12:00hrs. Environment Ministry of Agriculture, 03 0 Ministry Head 30/11/2017 9:00am Animal Husbandry and Quarters Fisheries Ministry of Energy and 02 0 Mineral Development National Forestry Authority 04 01 Isingiro District Local 08 0 Isingiro 03/11/2017 9:00 hrs. Government Officials District Kabuyanda Town Council 24 16 Kabuyanda 03/11 /2017 15:00hrs Officials Town Council Kabuyanda Sub County Kigabagaba 03/11/2017 17:00hrs CoU Kisyoro Community (PAPs) 40 09 Kisyoro 04/11/2017 13:00 hrs. Church Iryango Community (PAPs) 48 33 Iryango Village 04/11/2017 16:45hrs. Kagoto Community (PAPs) 05 14 Kagoto CoU 05/11/2017 13:00hrs. Kigabagaba Community 51 33 Kigabagaba 05/11/2017 4:45 hrs. www.newplan.ug Resettlement Action Plan – February 2019 70 Ministry of Water and Environment (PAPs) CoU Kabuyanda Community 163 21 Kabuyanda 06/11/2017 17:00hrs. (PAPs) Trading Centre Women and other 10 16 Kabuyanda 07/11/2017 15:30hrs vulnerable groups (elderly, Town Council People with Disabilities) (PAPs) Kabuyanda Dairy 01 0 At their offices 07/11/2017 12:30hours Cooperative Society Ltd Kigalama Commodity 4 1 At their offices 07/11/2017 10:50hours Marketing Cooperative Society Limited Kaiho Farm School Leavers 2 0 At their offices 07/11/2017 09:50hours Cooperative Society 4.6. Involvement of Women and Other Vulnerable Groups A total of around 520 people attended the meetings. Out of these, approximately 38% were female and 62% were male. The low turn-out of women was attributed to the fact that it was a planting season and many women were spending most day-light hours working in their gardens. It was not possible to schedule the meetings during a different season given the assignment timelines. It is therefore recommended that the planning of meetings with communities in the subsequent consultations carefully takes into consideration factors such as the above that limit women participation so as to ensure their full participation throughout the process. Nevertheless, consultations were held with women as well as vulnerable groups, large scale farmers in the area and cooperative societies. The cooperatives included Kaiho Farm School Leavers Cooperative Society, Kigarama Commodity Marketing Cooperative Society Limited, Kabuyanda Dairy Cooperative Society Limited and Tukundane Fish Farm Limited. These were consulted on aspects such as livelihood, health, gender specific concerns etc. Figure 4-1shows some photographic documentation captured during stakeholder consultations. www.newplan.ug Resettlement Action Plan – February 2019 71 Ministry of Water and Environment Consultation with Ministry of Agriculture Meeting with Isingiro District Commercial and Production Department Meeting with Kabuyanda Town Council Leaders Community Meeting at St. James Church of Uganda, Kigabagaba www.newplan.ug Resettlement Action Plan – February 2019 72 Ministry of Water and Environment Community Meeting at Iryango Village Meeting with Women, the Elderly and People with Disabilities Figure 4-1: Photographic Documentation of Stakeholder Consultations 4.7. Issues Raised by Stakeholders As a result of engagement and consultations done with the different stakeholders a number of issues were raised. The issues raised, their responses and how they have been considered in this RAP are presented in Table 4-4. Table 4-4: Summary of Key Issues and Responses Stakeholder Issues raised Response National level Ministry of Water ▪ The district should not take full responsibility ▪ Recommendations for capacity and Environment of the project because they lack human building of the different resource and experience. stakeholders that will be involved in the implementation and management of the project and implementation of resettlement activities have been provided. ▪ Public awareness is very important. ▪ Stakeholder consultation is an on-going process in all phases of the project. Several stakeholders have been consulted to date. A Stakeholder Engagement Plan for this project has been prepared. www.newplan.ug Resettlement Action Plan – February 2019 73 Ministry of Water and Environment ▪ The affected PAPs will need to be ▪ A Resettlement Action Plan has compensated for their property i.e. land, been prepared. This will be houses, trees, crops etc. affected. updated at the time of implementation of the project. Ministry of Energy How is the project going to benefit the ▪ Communities will benefit and Mineral community? through improvement of their Development Will they pay a fee or it will be for free? livelihoods by accessing water irrigation of their crops. ▪ Public awareness is key. ▪ This is well noted. Public ▪ The community should be involved in participation will be a continuous meeting the objectives of the project. process in all project phases as emphasized in this report. ▪ Farmers should be assisted with agricultural ▪ This has been recommended as a inputs to boost agriculture way of improving production and livelihood. National Forestry ▪ Land compensation should be to NFA and ▪ The RAP has taken into Authority the PAPs should be compensated for their consideration the different types crops and properties since they are licenses of people eligible for and others who are squatters. compensation including land owners and licensees. Local Government; District and Sub-County Stakeholders District officials ▪ All district heads of department’s including ▪ The roles of the relevant Environmental Officer, District Community stakeholders to be involvement Development Officer, Natural Resources in land acquisition and Officer, Production and Marketing Officer, resettlement activities have been Water Officer, Agriculture Officer, Fisheries defined in this report. Many of Officer, should be involved in all activities. He the stakeholders have been advised land issues to be addressed in the consulted and the consultation studies including compensation. process will continue throughout ▪ The study should be holistic and involve all the phases of the project. stakeholders. ▪ A Stakeholder Engagement Plan ▪ There is need for adequate planning and for the subsequent stages has sensitization of communities. prepared. ▪ The project should be implemented quickly to ▪ Noted avoid speculators. www.newplan.ug Resettlement Action Plan – February 2019 74 Ministry of Water and Environment ▪ The consultant should develop an agroforestry ▪ Agroforestry has been plan for the project area. recommended as one of the ways ▪ Viable alternatives programs for example in of enhancing livelihoods. fruit tree agriculture should be explored. Sub county and ▪ The people of Kabuyanda should benefit ▪ Provision of employment Town Council through provision of employment opportunities to the local leaders opportunities. population has been recommended. ▪ The local leaders also informed the consultant One of the major aims of the that the people in the area were experiencing project is to improve food famine due to severe drought production through increased potential for irrigation in the area and to contribute to the alleviation of the severe droughts. ▪ Will the project compensate people for the ▪ Crops that will be damaged crops that will be damaged during the during construction will be construction? compensated. ▪ Will the youth benefit from the project? ▪ There is potential for employment opportunities on the project for the local people including the youth. They will also be able to improve crop production through the irrigation system Community ▪ Will the project compensate people for the ▪ All eligible property will be Members affected land where the water pipes will be compensated. A Resettlement laid? Action Plan has been prepared to guide land acquisition and resettlement. ▪ What are some of the items eligible for ▪ Land, trees, perennial crops, compensation? structures within the project footprint. ▪ What will happen to public utilities like ▪ The design will try as much as electricity poles that will be affected by the possible to avoid them, if this is access road? not possible, a Utilities Relocation Plan for these facilities will be prepared and implemented by the relevant authorities. www.newplan.ug Resettlement Action Plan – February 2019 75 Ministry of Water and Environment ▪ What will happen to the boreholes that will be ▪ They will be avoided and this is affected? not possible, they will be replaced. ▪ Will project compensate us for the land on ▪ Affected land will be which grow crops and rear animals compensated. Cooperative Societies ▪ Highly expect water for irrigation, safe and ▪ These will be supplied as it’s the and large scale clean water for domestic use, water for fish major objective of the project. farmers farming. ▪ Crops will be damaged during the laying of the ▪ Destroyed crops will be water pipes at construction phase compensated. ▪ Project will displace some households ▪ The design will try as much as especially those households where the water possible to avoid settlements. A pipes will pass. Resettlement Action Plan has been prepared to mitigate against these impacts. ▪ Cooperative societies will encourage farmers ▪ This is well noted. to adopt /take up the irrigation scheme Women and other ▪ The women and other vulnerable groups ▪ This has been recommended. vulnerable groups should be given opportunities for (elderly, PwDs). employment. ▪ They request the project to provide support to ▪ This was noted them e.g. extension of credit. ▪ They fear displacement and loss of property ▪ All affected property will be because of the project. prepared. A RAP has been ▪ Affected property should be compensated prepared to take this into consideration. ▪ Destruction of property in case of dam ▪ The design has taken into collapse consideration such eventualities. ▪ An Emergency Preparedness Plan has also been prepared in case of any accidents. www.newplan.ug Resettlement Action Plan – February 2019 76 Ministry of Water and Environment 4.8. A Summary of the Salient Issues Raised Public Consultation and awareness: Public consultation and awareness is crucial in all project phases. Stakeholders should be involved in the different RAP activities and processes. Eligibility: All eligible PAPs and property should be compensated Employment opportunities: PAPs should be considered and prioritised for employment opportunities during construction. Alternative programs for livelihood: Alternative programs for livelihood including economic diversification should be considered, such as fruit growing. 4.9. Public Consultation & Disclosure Plan during RAP Implementation The public consultation process was initiated at the beginning of project i.e. during the feasibility, ESIA and preparation of the RAP studies and will be on-going during the implementation of the RAP. A Public Consultation and Disclosure Plan that outlines the consultations process to be followed during the implementation of the Resettlement Action Plan is shown in Table 4-5. The Public Consultation and Disclosure Plan highlight the kind of stakeholder, their relevance, mode of engagement, timing and responsible personnel. The objectives of the plan are to: • Provide sufficient, balanced, objective, accurate and consistent information to assist stakeholders to understand the project; • Obtain feedback from stakeholders on project related issues; • Work directly with stakeholders throughout the process to ensure that their concerns and needs are consistently understood and considered; • Partner with the stakeholders in the implementation of resettlement activities; and • Create an enabling environment through which the project will smoothly operate in friendly co-existence with other stakeholders. • A timetable will be prepared at the start of implementation of the RAP and the dates for the engagements will be confirmed with the different stakeholders. Notices for the meetings need to be provided at least 1 week before the meeting to allow for mobilisation of the stakeholders. www.newplan.ug Resettlement Action Plan – February 2019 77 Ministry of Water and Environment Information will be disseminated to the relevant stakeholders through one-on-one meetings, workshops, village meetings, the media and project brochures, among others. A Stakeholder Engagement Plan for the project is attached to the ESIA report. MWE and the local governments will engage community members regarding the nature of this project in order to achieve the following: ▪ Enhance ownership of the development and responsibility from the communities in terms of operation and maintenance; ▪ Provide the local people with a meaningful stake in the project; ▪ Instil a sense of pride and confidence in the project; and ▪ Increase participation among community members, volunteering, attendance at meetings etc. The engagements with the communities on this matter by the MWE and the local governments will be well documented and will ensure that there is no coercion involved. This RAP will be approved/cleared by the Government of Uganda and the World Bank and translated in a language that PAPs and stakeholders understand and disclosed locally in a culturally appropriate manner. It will also be disclosed in the World Bank external website. Any changes to the RAP will undergo the same clearance and disclosure protocols”. Table 4-5 is a broad presentation of the stakeholder engagement plan for the different phases of the project. www.newplan.ug Resettlement Action Plan – February 2019 78 Ministry of Water and Environment Table 4-5: Stakeholder Engagement Plan STAKEHOLDER MODE OF TIMING RESPONSIBLE ISSUES TO BE ENGAGEMENT PERSON COVERED Implementation Preparation Operation Phase / construction phase National - Official √ √ √ MWE, Consultant, Project description stakeholders correspondence Contractor Project duration and - Meetings/Workshops likely impacts MEMD - Project Progress Key concerns related MoFPED Reports to the project ERA including MWE (DWRM & resettlement WfP), MoAAIF) Social risks MGLSD MoLHUD NEMA Project funders - Project Reports √ √ √ MWE Ensure the project (World Bank) preparation and implementation is in conformity with the WB guidelines. Local - Official √ √ √ MWE, Consultant, Project description Government correspondence Contractor Project duration and stakeholders - Meetings/workshops likely impacts - Project Progress Key concerns related Reports to the project including resettlement Grievance - Meetings √ MWE, Consultant, What constitutes a Resolution Contractor GRC Committees Procedures to lodge complaints Communities - Public meetings √ √ √ MWE, Consultant, Issues regarding social - Focus Group Contractor risks such as Discussions HIV/AIDS Likely impacts associated with the project. Project Affected - Public meetings √ √ √ MWE, Consultant, Concerns regarding Persons - Focus Group Contractor compensation Discussions Procedures for lodging - One-on-one grievances meetings Social Risks, including - Project brochures, GBV related issues www.newplan.ug Resettlement Action Plan – February 2019 79 Ministry of Water and Environment Non- - Meetings √ √ MWE, Consultant, Welfare of the Governmental - Local media Contractor communities Organizations regarding the project. Contractor - Meetings √ MWE, Consultant, Abiding by the ESMP - Construction Status recommendations Reports Social and gender safeguards The Media - Press releases. √ √ √ MWE Communication to the - Press statements. communities and - Interviews. other relevant - Talk shows stakeholders - Newsletters regarding the project - MWE website www.newplan.ug Resettlement Action Plan – February 2019 80 Ministry of Water and Environment 5. SOCIAL ASSESSMENT AND SOCIO-ECONOMIC SURVEYS 5.1. Introduction This section describes the broad socio-economic characteristics of the project area, the immediate vicinity as well as a broad description of the area of influence. It further presents the findings on the socio economic conditions of the people that will be directly affected and the control group (indirectly affected) by the project. The level of details in the various sections depends on the interactions between the project activities and the particular socio-economic aspect. Information provided in this section will be superimposed on to the project concept and components for impact identification, evaluation and development of mitigation measures. 5.1.1. Approach and Methodology As per the Terms of Reference, Section 5.2.2, “the Consultant shall conduct a socioeconomic survey using sample households. The sampling should include not less than 20% of potential affected persons (PAP) households and a control group of non-potential affected persons’ households (about 10%)”. The estimated number of affected households is around 1,615 for all relevant project components including Irrigation and Drainage Service Development; Support services for agricultural production and value-chain development- Thirty percent (30%) of these households was sampled and an interviewer administered questionnaire was administered to 481 households. The same population size was used to estimate the sample size for the indirectly affected group (control group). Ten percent of the non-potential affected persons were sampled and 181 households were included in the survey. Selection of the directly affected households mainly depended on availability of the respondents. Selection of the respondents for the control group was done randomly depending on the willingness of the people to be included in the survey. Two separate questionnaires were developed with both open-ended and close-ended questions for gathering information on socio-economic baseline conditions of Project Affected Households. (Appendix C). The main respondent was the household head whose information was used to understand the status of the socioeconomic condition of the household. These questionnaires were aimed at capturing demographic data of affected households, livelihoods and incomes, assets owned options for relocation and access to social services etc. www.newplan.ug Resettlement Action Plan – February 2019 81 Ministry of Water and Environment Research Assistants with good command of both the English and local languages were recruited and trained for the exercise. The data collected was entered and analysed using Ms-Excel and the Scientific Package for Social Scientists (SPSS). 5.1.2. Administrative Framework Isingiro District is a district in the Western Region of Uganda. The town of Isingiro is the District's main municipal, administrative, and commercial centre. Isingiro District is subdivided into Counties, Municipalities, Town Councils, Sub Counties, Parishes and Villages depending on the size and criteria set by the Ministry of Local Government (MoLG). Currently, Isingiro District is made of 2 Counties (Bukanga and Isingiro), 3 Town Councils (Kaberebere, Kabuyanda, and Isingiro), 14 Sub Counties (Rugaaga, Rushasha, Kashumba, Endiinzi, Ngarama, Mbaare, Birere, Nyamuyanja, Kabingo, Kikagate, Kabuyanda, Ruborogota and Masha), 90 Parishes /Wards and a total of 767 villages Ntungamo District is a district in Uganda. It is bordered to the north by Mitooma District, Sheema District and Mbarara District, going from west to east. Isingiro District lies to the east, the Republic of Rwanda to the south, Kabale District to the southwest and Rukungiri District to the northwest. The district has 15 Sub counties, 92 parishes and 360 villages. The project components are located in both Isingiro and Ntungamo districts with only a very small part in Ntungamo District as shown in Figure 2-1. 5.2. Population and Demographic Characteristics 5.2.1. Population As per the population and housing census 2014, the total population of Isingiro District was 486,360 people, 250,739 females and 235,621are males. The district has 101,623 households with an average size of 4.8 persons. Kikagate Sub County has the highest population followed by Nyakitunga and Mbaare Sub Counties. Ntungamo District was 489,323 people, with 234,244 males and 255,079 females. The district has 103,232 households with an average size of 4.7 persons. Rukoni Sub County reported the highest number of households (6,029) followed by Rugarama (4,665). The population of the affected Sub Counties is as shown in Table 5-1. Table 5-1 Population Statistics for Affected Sub Counties Average Number of Administrative Unit Male Female Total Household Households Size Isingiro District www.newplan.ug Resettlement Action Plan – February 2019 82 Ministry of Water and Environment Kabuyanda Sub County 10,048 11,277 21,325 4,361 4.9 Kabuyanda Town 7,732 8,593 16,325 3,569 4.5 Council Kikagati 23,806 26,591 50,397 10,453 4.8 Nyakitundu Sub county 19,607 22,209 41,816 8,750 4.8 Ntungamo District Rukoni East sub county 11,323 12,391 23,714 5,181 4.5 Source: National Population and Housing Census 2014, Provisional Results The National Population and Housing census results show that the population is predominantly young as the majority i.e. 55.9% and 54.7% of the people in Isingiro and Ntungamo districts respectively comprises of persons aged 0-17 years. The statistics indicate a high dependency burden on the older population. However, about 40% of the population is reported to be in the range of 18 to 59 years which can be a fairly productive age group. Table 5-2 shows a distribution of the population in the two districts by age group. Table 5-2: Population by Age groups Age Distribution of the Isingiro District Ntungamo District Population Number Percent Number Percent Population aged 0-17 years 270,353 55.9 262,038 54.7 Population aged 18-30 years 95,965 19.9 97,394 20.3 Population aged 31-59 years 96,777 20.0 96,031 20.1 Population aged 60 years and over 20,267 4.2 23,263 4.9 Source: National Population and Housing Census 2014, Isingiro and Ntungamo Districts Profiles 5.2.2. Age of Household Heads The baseline survey recorded the average age of household head as being 49.7 years with the youngest being 21 years and the eldest at 95 years and the median age was 36 with a mode of 30. Most of the household heads were in the age brackets of 26-35, 36-45 and 56-55 yearsas presented in Figure 5-1. The elderly (65+) comprise of 13.1% and 7.4% of the directly and indirectly affected groups respectively implying that special attention needs to be given to these people during implementation of the Resettlement Action Plan and the project in general. www.newplan.ug Resettlement Action Plan – February 2019 83 Ministry of Water and Environment Figure 5-1:Household Heads by Age Category 5.2.3. Sex of Household Head Findings from the baseline survey showed that the majority of the Project Affected households are headed by males (at 62.6 % and 69.7% for the directly and indirectly affected) while the female- headed households constituted just under 40% for both categories of PAPs ( Figure 5-2). www.newplan.ug Resettlement Action Plan – February 2019 84 Ministry of Water and Environment Figure 5-2: Sex of Household Heads 5.2.4. Marital Status The findings from the baseline survey showed that the majority of the directly affected household heads (68.8%) are married while 17.7% are single, 12.5% are widowed and 1% is divorced / separated. In comparison, the indirectly affected persons (control group), the majority (49.2%) are single while 43.9% are married, 5.3% are widowed, 1.6% are divorced ( Figure 5-3). www.newplan.ug Resettlement Action Plan – February 2019 85 Ministry of Water and Environment Figure 5-3: Marital Status of Household Heads 5.2.5. Religious Denominations Among the population of the Persons Directly Affected by the Project, 59.3% of the household heads were Protestants, these were followed by Catholics at 34.7%, Pentecostals at 3.5%, Seventh Day Adventist (SDA) at 1%, and Muslims at 1%. From the responses of the population of the Persons Indirectly Affected by the Project (Control Group), the figures recorded were slightly lower indicating 35.1% of the household heads being Protestants, followed by Catholics at 15.4%, the rest (Pentecostals, Seventh Day Adventist (SDA) and Muslims) together making up less than 3%. Figure 5-4 shows the religious affiliations of household heads for both directly and indirectly (control group) groups. www.newplan.ug Resettlement Action Plan – February 2019 86 Ministry of Water and Environment Figure 5-4: Religious Affiliation 5.2.6. Ethnic Composition The survey findings showed that majority of the households amongst both categories of the directly and indirectly PAPs in the project area belong to the tribe Bakiga, recorded at 70.9% and 67.6% respectively. These are followed by the Banyankole (19.7%) amongst the indirectly affected and 16.8% amongst those directly affected, the Banyarwanda at just about 2% and other tribes combined including the Bafumbira, Madi, Omujire and Abashyaba together constituting about 4% amongst those directly affected and 11.1% from amongst those indirectly affected. Table 5-3: Ethnic composition of the PAPs Directly affected Indirectly affected Tribe Frequency Percent Frequency Percent Bakiga 341 70.9% 127 67.6% Banyankole 81 16.8% 37 19.7% Batooro 2 0.4% 1 0.5% Banywarwanda 7 1.5% 2 1.1% Baganda 0 0 0 0 www.newplan.ug Resettlement Action Plan – February 2019 87 Ministry of Water and Environment Others directly (Bafumbira, Madi, 50 10.4% 21 11.10% Omujire, Abashyaba) Total 481 100% 188 100% 5.2.7. Level of Education and Literacy Levels Literacy is the ability to identify, understand, interpret, create, communicate and compute using printed and written materials (UNESCO). Literacy is widely acknowledged as benefiting to both the individual and society and is associated with a number of positive outcomes for health, nutrition, status and civil participation in the society of both men and women. According to Kabuyanda Town Council Five Year Development Plan 2015/2016 – 2019/2020, in the Town Council, on average, 75% of persons aged 10 years and above are literate. Literacy rates are much lower among females contributing 70% than for males at 81%. Illiteracy levels are highest recorded at 65.4% among the persons above 60 years (National Housing and Population Census 2014, Isingiro District Profile). The baseline survey findings showed that amongst the directly affected persons, 65.9% of those PAPs attained primary education, 7.9% attained secondary education, 6.9% attained tertiary, vocational or University education, while 19% of the PAPs have never attained any education. These figures are quite similar to those in the category of the indirectly affected, with 83% having attained primary school education and just about 6.4 % reported to have attained ordinary level education. As was the case with those directly affected, the percentage of those who attained an A level, Vocational and University education just under 3%. Table 5-4: Educational Attainment amongst the PAPs Directly affected Indirectly affected Level of Education Frequency Percent Frequency Percent Primary school education 317 65.9 156 83 Ordinary level 38 7.9 12 6.4 A’ Level 21 4.4 1 0.5 Vocational 4 0.8 1 0.5 University 8 1.7 2 1.1 None 92 19.1 12 6.4 www.newplan.ug Resettlement Action Plan – February 2019 88 Ministry of Water and Environment No response 1 0.2 4 2.1 Total 352 100.0 188 100.0 In terms of gender, the findings showed that more women did not attain any education as compared to the male household heads and fewer women attained higher levels of education compared to the male PAPs. The figures recorded for the directly affected persons do not differ greatly from those that are indirectly affected. Table 5-5 shows Education levels of households by sex in the project area. Table 5-5: Educational Attainment by Gender Directly affected Indirectly affected Education and Sex Male (%) Female (%) Male (%) Female (%) Primary 69.1 60.9 88.3 76.8 Ordinary level 10.6 3.4 6.3 7.1 A level 5.3 2.8 0.8 - Vocational 1 0.6 0.8 - University 2.7 - 1.6 - None 11.3 32.4 2.3 16.1 Total 100 100 100 100 5.2.8. Vulnerable Groups The baseline identified the vulnerable categories of the PAPs as including; female heads of Households, the disabled (including members of their households), those with chronic illnesses (like, TB, HIV/AIDS, Heart Diseases and Diabetes) as shown in Table 5-5. During a consultative meeting with the women, Persons with Disabilities and the elderly, it was revealed that these groups of people own property such as land and animals. However, the group argued that the land was inadequate to enable them compete favourably with their able bodied counterparts. The group also revealed that some Persons with Disabilities from amongst the PAPs were receiving special grants from the government. Those eligible for the grants were expected to meet all the requirements as stipulated by the scheme; such as being disabled, being a member of an association, must be registered with Kabuyanda Town Council and were required to pay UGX 30,000 for registration. The elderly also revealed that they were not benefiting from the Social Assistance Grants for Empowerment (SAGE) programme, and felt that the government was being unfair to www.newplan.ug Resettlement Action Plan – February 2019 89 Ministry of Water and Environment them because their colleagues (elderly) from other parts of the country were benefiting from the programme. Table 5-5: Educational Attainment by Gender Type of Vulnerability Gender Total Male Female Sick & Infirm (Chronic) 30 32 62 Disabled (dumb and deaf) 2 1 03 Mental instability 2 1 03 Physically disabled 05 08 13 Widowed 11 49 60 Others 08 06 14 Elderly above 68 29 35 64 Grand Total 87 132 219 5.3. Social Structure In all rural communities in Uganda, patrilineal kinship i.e. descent through the male line usually limited to male children and male grandchildren. It is within and through these structures that marriage, property, inheritance, and community welfare of the social system are organized. Like most rural societies, the project area is patrilineal in nature where men dominate the society. The men are major decision makers on several aspects including resources like land. Sons are mainly chosen as the heirs to their fathers. In some instances, however, widows who have children are given the opportunity to look after their deceased’s property. The household is the basic unit of social organisation. There are acceptable norms and values that the community members share. These have to be respected by the different team members of the project. 5.4. Social Capital and Mechanisms for Social Cohesion The communities in the area mainly rely on their family members as most of them stay close to each other, religious institutions such as the churches, mosques, cooperative societies, farming groups and self-help groups also play a pivotal role in providing social capital. The communities live harmoniously with each other with minimum conflicts. However, respondents were asked the main sources of resolutions in in the event of conflict and the findings are presented in Table 5-7. www.newplan.ug Resettlement Action Plan – February 2019 90 Ministry of Water and Environment Table 5-6: Conflict resolution patterns amongst the PAPs Conflict Management Frequency Percent Local Government 260 87.2 Police 10 3.4 Religious leader 1 0.3 No one 24 8.1 Others 3 1 The survey revealed that the PAPs mainly use government structures to resolve emerging conflicts. The local government structures, 87.2% constitute the main channel to resolve conflicts, followed by police 3.4%. Religious institutions are the non-government institutions mentioned to also play a role in conflict resolutions (0.3%). About 8% of the PAPs reported that they do not seek anybody for the conflict resolution. 5.5. Land Tenure System The Land tenure systems in the area include customary, leasehold, freehold, public land and communal land. Table 5-7 indicates the land Tenure system by the number of people affected. Table 5-7: Type of land tenure by number of people affected Tenure No of PAPs. Freehold 05 Leasehold - Customary 1778 Kibanja - 5.6. Land Ownership There are several institutions owning land within the directly affected area. These include National Forestry Authority (NFA), educational institutions such as, Kabesekye Primary School, Bukurungu Primary, School Kitezo Primary School, Kigarama International School, Nyampichi Primary School, www.newplan.ug Resettlement Action Plan – February 2019 91 Ministry of Water and Environment Kabuyanda Primary School, Kabugu Primary School, Kabugu Catholic Church, St. Mary’s Primary School religious institutions such as St. Jude Catholic Centre and Ruyonza Church of Uganda. The socio-economic survey data showed that all PAPs interviewed own at least a piece of land in the project area and elsewhere besides the project area. The average size of land owned by the PAPs is 2.4 acres. Amongst the directly affected PAPs, 61.4% of them reported to have bought the land which is not very different from amongst those that are indirectly affected as reported by 54.3% of the households. The second category of owners includes those that inherited the land from parents reported to be 37.6% amongst the directly affected PAPs and 41.5% amongst those that are indirectly affected. The survey indicated that there is are relatively smaller number of PAPs renting the land, with percentages under 1% amongst those directly affected and just over 4% for those indirectly affected, as indicated in Table 5-8. Table 5-8: Method how land was acquired Directly affected Indirectly affected How the land was acquired Frequency Percent Frequency Percent Bought 296 61.5 102 54.3 Inherited from parents 181 37.6 78 41.5 Renting 4 0.8 8 4.3 Results further indicated that 31.6% of the directly affected households own land elsewhere while 68.4% do not. Among the male household heads directly affected, 30.9% reported to own land elsewhere and 32.8% of the women reported to own land elsewhere. In comparison with size of the affected land, 32.2% reported it to be bigger, 62.5% said it was smaller and 5.3% said it was equal in size with the affected land. Majority of the households (68.3%) said that the land is located in the same land. 26.1% reported the land to be located less than 20km, 2.1% said within 20-40kms and 3.5% said that it was located more than 40 km from affected land. 5.7. Settlement Pattern and Nature of Buildings The downstream /irrigation command area has settlements with some sections concentrated while in others they are scattered. The areas that are heavily congested are the trading centres like Kabuyanda, Kisyoro, Kanywamaizi, and Kagoto among others. In the upstream area i.e. dam access /reservoir area, there are no settlements apart from one household that has settled there. The land is primarily used for crop farming and tree planting. www.newplan.ug Resettlement Action Plan – February 2019 92 Ministry of Water and Environment The nature of the structures ranges from permanent, semi-permanent, and temporary with the majority being semi-permanent and temporary. The structures are in form of residential, commercial, auxiliary structures such as kitchens, animal pens, toilets, bathrooms etc. 5.8. Length of Stay in the Project Area The baseline survey showed that majority of the PAPs (63%), migrated to the project area while (37%) of PAPs claimed to have been born in the project and they consider the project area as their ancestral home land. The average duration the households have lived on the project area is 19.8 years with the longest duration being 65 years and shortest being less than a year. This implies that the communities have strong social ties in the area. There are variations in the lengths of stay in the project area by the respective PAPs. 5.9. Livelihoods and Income Sources Amongst the Directly affected PAPs, agriculture (mainly subsistence farming) is the main source of livelihood at 84% and this is undertaken on part of the land affected. The indirectly affected PAPs have land elsewhere for cultivation but this also contributes to the largest source of their livelihood estimated at 72.9%. Other sources of the livelihoods for PAPs include; business on land at 2.5%, salaried employment for household heads and dependant spouses at just about 2.5% and business located away from the location and away from the land (2.1). Table 5-9 shows the major sources of income for households in the project area Table 5-9: Main source of income for household heads Directly affected Indirectly affected Activity Frequency Percent Frequency Percent Salary 12 2.5 1 0.5 Husband’s salary 2 0.4 - - Business on land 12 2.5 1 0.5 Business located elsewhere 10 2.1 1 0.5 Rent collected from affected land 9 1.9 4 2.1 Agricultural activity on affected 407 84.6 44 23.4 land Agricultural activity on land 13 2.7 137 72.9 elsewhere Fishing - - - - Others 11 2.3 - -- No response 3 0.6 - Total 481 100 188 100 www.newplan.ug Resettlement Action Plan – February 2019 93 Ministry of Water and Environment These other activities through which the household generate income include Motorbike taxi services (locally known as “bodaboda”), casual labourer, brick laying, trading etc. Those who generate income from trading mostly sell crops like beans, maize, sorghum, bananas, and coffee. Amongst the indirectly affected communities, poultry is another prominent activity estimated at 56% and 43% from amongst the directly affected. Retail shops are another income source for the communities in question accounting for 9% amongst the directly affected and 12% for those not directly affected (Table 5-10). Table 5-10: Other activities from which the household generates income Directly affected Indirectly affected Activity Frequency Percent Frequency Percent Fishing 2 1 1 4 Poultry 87 42.9 14 56 Retail shop 19 9.4 3 12 Other (bodaboda, clinic etc.) 95 46.8 7 28 5.10. Levels of Income The baseline survey assessed the levels of income for the project affected persons both directly and indirectly as indicated in Table 5-11. Table 5-11: Levels of incomes for the PAPs Total income from all sources of Directly affected Indirectly affected income per month (UGX) Frequency Percent Frequency Percent Below 100,000 154 32 88 46.8 100-200,000 61 12.7 24 12.8 200-400,000 32 6.7 47 25 400-600,000 58 12.1 12 6.4 600-800,000 95 19.8 12 6.4 800-1 million 38 7.9 - - www.newplan.ug Resettlement Action Plan – February 2019 94 Ministry of Water and Environment 1-1.5 million 4 0.8 2 1.1 1.5-2 million 4 0.8 - - Above 2million 14 2.9 3 1.6 No response 21 4.4 Total 481 100.0 188 100.0 Baseline survey results indicated a generally low income for the PAPs in the area, where more than 1/3 (32%) of directly affected persons and 46.8% of indirectly affected earn below UGX 100,000 per month. An equal proportion of just above 1 in 10 PAPs (12.7% directly affected and 12.8% indirectly affected) earn between UGX 100,000 and 200,000/- a month. Overall, less than less than 10% of PAPs both directly and indirectly affected earn one million shillings and above in a month. The low income for the PAPs indicates the relevance of an irrigation scheme, but also implies careful consideration of livelihood activities for the affected person to ensure that their already poor incomes are not worsened by the project. 5.11. Agriculture and Marketing 5.11.1. Crop Production Isingiro District Five Year Local Government Development Plan II 2015/2016 – 2019/2020 stipulates that the District economy is largely informal, with more that 80% of the people employed in the agriculture subsistence sector. The majority of the people are engaged in production of crops and livestock products at a subsistence level. The Project area economy is predominantly agricultural and more than 85% of the PAPs are engaged in Agricultural activity growing crops and rearing animals. The above statistics are in line with earlier publications in the National Housing and Population Census 2014, which pointed out that Isingiro District has 87.6% of the district’s population engaged in crop growing. This census further states that 78.2% of land use is mainly for crop farming and intercropping is majorly practiced in the area (Figure 5-5). www.newplan.ug Resettlement Action Plan – February 2019 95 Ministry of Water and Environment Bananas plantation in Luyonza village – Project Area Maize in the foreground and NFA forest in the background Figure 5-5: Crop Farming in the Project Area The development objectives of the Agricultural Sector include increase the rural incomes and livelihoods, household food and improve nutrition security. The agricultural sector in the District faces a daunting set of output-level challenges. According to Isingiro District LGDPII 2015/2016- 2019/2020, the challenges include: ▪ Low levels of productivity: These are attributed to: o declining soil fertility and land degradation; o low application rates of productivity-enhancing inputs; o degradation of the natural resource base by human activity in relation to poor crop and livestock farming practices; o inadequate public investment in the agriculture infrastructure namely; Irrigation, storage, processing plants, and refrigerated transport facilities; o low application of modern technology; o pests, vectors and diseases ▪ Climate change Due to a number of factors including climate change, there is now so much volatility in precipitation that rain-fed agriculture may not be enough to guarantee production from one season to another. Whenever there is drought, which now comes with a higher frequency, production falls dramatically. The District does not have preparedness plans for adapting to these climatic changes and therefore remains exposed and vulnerable. ▪ Farm power www.newplan.ug Resettlement Action Plan – February 2019 96 Ministry of Water and Environment The hand hoe is still the predominant means for land tillage and it is used by virtually all small scale farmers. The lack of more efficient farm power at the household level has had a substantial negative impact on agricultural production and household food security. Many households respond to their shortage of farm power by scaling down their activities, by reducing the area under cultivation and by growing a limited range of crops. They struggle to keep pace with the seasonal calendar, which results in taking short cuts in one season, with adverse knock-on effects in the next. There is no doubt that the productivity of the labour-force is compromised by a lack of physical energy and poor quality tools. ▪ Agricultural Finance Despite some development of financial services in the District, the majority of small scale farmers remain without access to the services they need to compete in the market and to improve their livelihoods. The existing Banks in the District, namely Centenary, DFCU and other for-profit Financial Intermediaries like Pride Micro Finance and SACCOs tend to limit their activities to urban areas compared to other areas of the rural economy. The root of the problem is that lenders tend to offer only a limited menu of products, mainly with heavy collateral requirements. Asset-poor households are limited to considerably smaller loans at much higher rates. Poor farmers may also turn down loans, even if they qualify, because they are unwilling to bear the risk of losing collateral. ▪ Inadequate Agricultural Infrastructure Inadequate agricultural infrastructure includes processing infrastructure, water for production- related infrastructure (irrigation, livestock and aquaculture), disease control infrastructure, research infrastructure etc. The state of such infrastructure is generally inadequate. The existing water infrastructure for livestock production reservoirs are now in very poor condition due to lack of maintenance, vandalism and siltation. ▪ Lack of Value Addition Despite evident potential for value-added products, the proportion of the District’s agricultural commodities and products which are processed are believed to be less than 1 percent. This is a challenge because of: o Poor links between different stakeholders, especially those providing facilitative services to producers and investors; o Low capacity of farmers to participate in value chains; o Inadequate market information to guide farmers in market oriented farming; o Inadequate quantity and poor quality of goods produced; o Limited availability of and access to production/ productivity enhancing inputs investment finance, equipment and machinery. www.newplan.ug Resettlement Action Plan – February 2019 97 Ministry of Water and Environment Table 5-12 shows crop production levels for some crops in Kabuyanda and Kikagate Sub counties and Kabuyanda Town Council in the year 2015-2016. Table 5-12: Production Levels per Sub-County July 2015 to June 2016 Annual Land Arable Total Yield Gross Est. area Land Land Area (Tons) per Pdn Annual Sub-county KM2 Area (Ha) (Km2) (Est) Ha (Tons) Sales Bananas Kabuyanda 137 13,700.0 96 1,161 77.7 90,200 27,063 Kikagate 416 41,600.0 291 2,737 111.0 303,829 91,142 Kabuyanda TC 93 9,300.0 88 561 77.7 27,239 13,077 Beans Kabuyanda 137 13,700.0 96 1,161.0 2.0 2,322 1,393.0 Kikagate 416 41,600.0 291 2,737.0 2.0 5,474 3,284.0 Masha 189 18,940.0 170 357.0 2.0 713 428.0 Kabuyanda TC 93 9,300.0 88 351.0 2.0 701 421.0 Maize Kabuyanda 137 13,700.0 96 103.0 3.0 310 216.0 Kikagate 416 41,600.0 291 312.0 3.0 938 657.0 Kabuyanda TC 93 9,300.0 88 175.0 3.0 526 368.0 Fresh Irish Potatoes Kabuyanda 137 13,700.0 96 51.0 5.0 258 232.0 Kikagate 416 41,600.0 291 312.0 5.0 1,564 1,407.0 Kabuyanda TC 93 9,300.0 88 35.0 5.0 175 158.0 Fresh Cassava www.newplan.ug Resettlement Action Plan – February 2019 98 Ministry of Water and Environment Kabuyanda 137 13,700.0 96 51.0 12.0 619 247.0 Kikagate 416 41,600.0 291 195.0 12.0 2,346 938.0 Kabuyanda TC 93 9,300.0 88 35.0 12.0 421 168.0 Fresh Sweet Potatoes Kabuyanda 137 13,700.0 96 26.0 5.0 129 51.0 Kikagate 416 41,600.0 291 78.0 5.0 391 156.0 Kabuyanda TC 93 9,300.0 88 17.0 5.0 88 35.0 Wet Coffee Kabuyanda 137 13,700.0 96 5.2 16.7 86.0 86.0 Kikagate 416 41,600.0 291 78.2 16.7 1,306.0 1,306.0 Kabuyanda TC 93 9,300.0 88 3.5 16.7 59.0 58.0 Source: Isingiro District – Production Office The survey indicated that the main problem faced by the farmers is drought especially during the dry season therefore the irrigation component of the project will be of more help when implemented. During the survey it was also observed that the formation of cooperatives has boosted agriculture in the area. These have provided farmers with agricultural inputs like; better seeds and seedlings, Friesian cattle, market for farm produce, advisory services and loans at low interest rates. 5.11.2. Livestock Production Table 5-13 shows livestock statistics in Kabuyanda and Kikagate Sub counties and Kabuyanda Town Council in July 2014 to June 2015 www.newplan.ug Resettlement Action Plan – February 2019 99 Ministry of Water and Environment Table 5-13: Livestock Statistics Annual Annual Land Total Total Cattle Goat & Annual area number of Number of sales Sheep cattle Sub-county (km2) cattle goats/sheep (No) sales slaughter Kabuyanda 137 572 845 Kikagate 416 3,540 4,801 180 456 216 Kabuyanda TC 93 681 2,742 2,220 828 Source: Isingiro District – Production Office The survey findings further revealed that there was no animal grazing in the dam access and water reservoir areas. However, animal rearing is mainly practiced in the irrigation command area. Here, farmers practice both zero grazing and free range. The animals kept under zero grazing mainly include; Friesian cattle and goats whereas animals kept under free range include; the local breed mainly the Ankole long horned cattle, goats, sheep and pigs. To boost milk production in the area, Kabuyanda Dairy Cooperative Society Limited was established and this has been very instrumental is boosting livestock farming and sale of its products in the project area. Figure 5-6 shows some of the livestock reared in the project area. Cattle found in the Project Area Goats reared in the Project Area Figure 5-6: Livestock Rearing in the Project Area 5.11.3. Fish Production www.newplan.ug Resettlement Action Plan – February 2019 100 Ministry of Water and Environment Isingiro District is also engaged in fishing activities carried out on Lakes Nakivale, Rwamurunga and Rivers Kagera and Rwizi. The major types of fish caught include; tilapia, protopterus, Claris, miller caps, lung fish and haplochromis. In the project area, commercial fish farming is practiced using fish ponds. Fish farming is mainly practiced in the downstream area (irrigation command area). The major fish farmer in the project area is Tukundane Fish Farm Limited. This fish farm has 37 fish ponds and the types fish reared include cat fish and tilapia. Table 5-14 shows fish production from fish ponds in Kabuyanda Sub County and Kabuyanda Town Council. Table 5-14: Fish Production from Fish Ponds in comparison to the total fish production in the Project Area - Based On Farmers' Information - 2015 Sub County Number No. of Pond area Total Annual Annual of farmers ponds (Sq metres Prodn. pond prod (Kg) Kabuyanda TC 20 62 35,000 12,000 6,000 Kabuyanda S/C 2 4 200 16,000 8,000 TOTAL 22 66 35,200 28,000 14,000 Source: Isingiro District – Production Office Fish ponds are another significant source of income and a number of the PAPs were reported to be engaged in the activity. 5.11.4. Marketing In the project area, there are two gazetted markets, i.e. Kabuyanda and Kanywamaizi markets. The markets are open to the public every Tuesday and Friday respectively. Consultations revealed that the biggest market for agricultural produce from Kabuyanda Town Council, Kabuyanda Sub County and Isingiro District is Rwanda and Kenya. Some products are sold locally in the local markets in Kabuyanda and Kanywamaizi and the local trading centres on a daily basis, while others are sent to far towns such as Mbarara and Kampala. The major items sold in markets include bananas, ground nuts, cow peas, cassava, coffee, beans, cassava, maize, cattle, goats, milk products and poultry. In addition, the products from domestic animals (meat, skin, milk etc.) and poultry (eggs) are among the items sold. It was also observed that some trading centres like Kabuyanda Trading Centre are open for business to the members of the public. The items sold range from foods, utensils, electrical items, solar panels, clothes, shoes, steel and metal works, and beef among others. 50% of the both directly and indirectly affected PAPs travel just about 500 metres to the nearest marketing points. 27% of the directly affected PAPS have to travel a distance of over 3 Kilometres www.newplan.ug Resettlement Action Plan – February 2019 101 Ministry of Water and Environment to the nearest marketing point as opposed to less than 3% for the indirectly affected PAPs. Figure 5-7 shows the distance to the marketing points for persons in the project area. Figure 5-7: Distance to Marketing Point The main marketing point for the items the PAPs sell include the local produce buyers who take about 37% of the produce from the directly affected PAPs and the bulk (59%) from the indirectly affected PAPS. This is followed by village markets that claim about 20-21% of the produce from both the directly and indirectly affected PAPs. The survey however notes that the cooperatives constitute a very small portion of the market (0.4% for the directly affected and 1.1% for the indirectly affected). The markets in the local trading centres account for about 12% amongst the directly affected and 16.5% amongst the indirectly affected PAPs, while border markets and far towns together constitute less than 10% of the market points for both categories of PAPs. Table 5-15 shows the main marketing points for items. Table 5-15: The main marketing point for items Directly affected Indirectly affected Market Frequency Percent Frequency Percent Local produce buyer 178 37 59 31.4 Village markets 105 21.8 38 20.2 Farm gate 98 20.4 53 28.2 Local trading centre 59 12.3 31 16.5 Boarder markets 12 2.5 2 1.1 www.newplan.ug Resettlement Action Plan – February 2019 102 Ministry of Water and Environment Far towns 27 5.6 3 1.6 Co-operative store 2 0.4 2 1.1 Total 481 100 188 100 Households in the project area reported to encounter a number of problems when marketing their commodities including; poor quality products, low prices of the products, long distances travelled, few customers to buy the products, instability in prices, high transport costs, drought etc. 5.12. Assets Owned Ownership of assets is a key indicator for a household’s welfare. The most common assets owned by households in the project area include land, a house, radio, domestic animals, cell phone and a bicycle. Other assets owned include solar panels, motorcycles and television sets. Very few households owned a car. Figure 5-7 shows the assets owned by households in the project area. Figure 5-8:Assets Owned by Households in the Project Area 5.13. Social Infrastructure 5.13.1. Education Kabuyanda Sub County has limited education facilities. The Sub County has one secondary school, one Technical Institute and seven primary schools. The secondary school and the technical institute are both owned by the Anglican Church and the seven primary schools are all government owned. Similarly, Kabuyanda Town Council has two secondary schools and six primary schools, all of which are government owned. As a result, and following realisation of the limited educational facilities in the sub county, the government allowed the establishment of private schools to help to boost www.newplan.ug Resettlement Action Plan – February 2019 103 Ministry of Water and Environment education in the area. Six private schools have therefore been established in the sub-county. Table 5- 16 shows the number and type of schools within Kabuyanda. Table 5-16: Number and type of schools in Kabuyanda Government Owned Primary Government owned Schools in Private Schools in then in Kabuyanda S/County Kabuyanda Town Council Project Area 1. Kigabagaba Primary School 1. Kisyoro Secondary School 1. Kigabaga Primary School 2. St Thomas Aqinas Secondary 2. Kabugu Primary School 2. Eden Primary School School 3. Kabuyanda Central Primary 3. Kagoto primary school 3. Beseri Primary School School 4. St. Mary’s Primary School 4. Kaiho Primary School 4. Bam Primary School 5. Future Holds Primary 5. Kanywamaizi Primary School 5. Iryango Primary School School 6. Rwabyemera Primary School 6. Kisyoro Primary School 6. Dubai Tech Kindergarten 7. Kabuyanda Central Primary 7. Rwakakwenda Primary School 7. Nyampikye II Primary School School 8. Kaaro Karungi Primary School According to Isingiro District LGDPII 2015/2016-2019/2020, the implementation of the Universal Primary Education Program by government has increased access to education in the district. However, despite registered successes of the UPE program, a number of challenges still exist. These include; low completion rates amongst the pupils; high drop out and repetitions rates; Head teacher/ teacher and pupil absenteeism from the schools, weak capacity for school inspection which affects the quality of output; and inadequate resources for infrastructure and instructional materials, amongst others. Government aided Primary Schools under the Universal Primary Education account for the greatest percentage (78%) of the total enrolment in the Project Area. It is also noted that the enrolment at Secondary school level is way below that at the Primary school which further confirms that limitations with completion rates. Household heads were asked whether they had any children of school going age that were not in school, and 18.1% of them from the directly affected category and 2.7% from the indirectly affected group (control group) said that they did respectively. The major reason given was lack of school fees (Figure 5-9). www.newplan.ug Resettlement Action Plan – February 2019 104 Ministry of Water and Environment Figure 5-9: Reasons for not children not going to school 5.13.2. Health 5.13.2.1. Health Services and Infrastructure In Uganda, public health services are delivered through Health Centre II, Health Centre III, Health Centre IV, General Hospitals, Regional Referral Hospitals and National Referral Hospital. There are also private non-profit health facilities and private profit making service centres throughout the country. According to Isingiro District Health Management Information Systems (HMIS), Annual Analysis Report (July 2016 – June 2017), the District has 79 Health facilities, 4 Health Center (HC) IVs, 20 HC IIIs, and 55 HC IIs with 54 Government owned/public Health units, and 11 NGO owned Health Units Private Not for Profit Organizations (PNFPs) and 14 PFPs. The District has 32 PMTCT sites, 16 ART sites, 7 SMC sites and 30 TB sites. Kabuyanda Town Council and Kabuyanda Sub County both have three health units. Kabuyanda Town Council has one Health Center IV and two HC IIs which include; Kabuyanda HC IV, Kisyoro HC II and Kyamosoni HC II while Kabuyanda Sub County has three HC IIs namely; Kabugu HC II, Kanywamaizi HC II and Rwakakwenda HC II.Health services in Kabuyanda Town Council and Kabuyanda Sub County are delivered through Village Health Teams (VHTs), HC IIs and HC IVs. The range of health services delivered vary with the level of the health facility. In all public health facilities, curative, preventive, rehabilitative and promotive health services are free. www.newplan.ug Resettlement Action Plan – February 2019 105 Ministry of Water and Environment HC IVs provide Out Patient Department (OPD) services, Laboratory services, Dental services, Immunization, Ultra Viral Therapy, Counselling services, Ultra Sound Scan services, Antenatal Care, Family Planning services, Nutritional Clinic, In-Patient Department, Deliveries, Operations, Safe Circumcision, Community Based services, Support and supervision of lower health facilities like HC IIs and IIs in their jurisdiction, Post Exposure Prophylaxis (PEP), and Emergency Systems. HC IIIs on the other hand, provide basic preventative, promotive and curative care. They also provide support supervision of the community and HC IIs under their jurisdiction. There are provisions for laboratory services for diagnosis, maternity care and first referral. Kabuyanda Town Council and Kabuyanda Sub County lack HC III facilities to provide such services to the community thus leading to the congestion of the only HC IV in the area and the five HC IIs. They also provide out patient care, community outreach services and linkages with the Village Health Teams (VHTs) The HC IIs in the Project Area, provide the first level of interaction between the formal health sector and the communities. HC IIs only provide out patient care, community outreach services and linkages with the Village Health Teams (VHTs). Kabuyanda Town Council has two HC IIs which include Kisyoro and Kyamosoni HC IIs while Kabuyanda Sub County has three HC IIs which include; Kabugu, Kanywamaizi and Rwakakwenda HC IIs. Baseline survey results indicated that the majority (36.6%) of households amongst the directly affected people seek medical treatment and associated services from Health Centre IVs followed by 19.5% who seek services from Health Centre IIs, a relatively similar percentage (17.5%) obtain services Health Centre IIIs. Additionally, 17% go to private clinics and a small number estimated at about 9.1% seek services from drug shops. Very few of the PAPs (recorded to be 0.2%) seek services from other places like Mbarara Referral Hospital. Amongst the indirectly affected households, the majority (44.1%)seek medical treatment from the private clinics, followed by 21.8% who obtain services from health centres IIs. A relatively smaller percentage (18.1 %) was recorded as obtaining services from Health Centre IVs which is a contrast from the earlier category. An almost similar percentage (14.4%), obtains their services from Health Centre IIIs. Like was with the directly affected category, a small percentage of 1.1% treat themselves from drugs obtained from drug stores and an equally smaller percentage of 0.5% seek medication from other places or take referrals. The majority of the households reported to visit Health Centre IIs in case of an emergency. The baseline recorded that the PAPs face a number of problems at the Health facilities ranging from; lack of enough drugs, poor service provision, inadequate staffing at the facilities, poor counselling services and in appropriate care by nurses and doctors towards patients. The private sector plays an important role in the delivery of health services. The private health system comprises of the Private Not for Profit Organizations (PNFPs) and these are 11, Private www.newplan.ug Resettlement Action Plan – February 2019 106 Ministry of Water and Environment Health Practitioners (PHPs) and the Traditional and Complementary Medicine Practitioners (TCMPs). 5.13.2.2. Diseases Incidence Just like it is in most parts of the country, malaria remains the most common disease affecting all age groups in Isingiro District and among the PAPs in the project area. The survey recorded the other diseases as including; respiratory infections, meningitis, urinary tract infections, candidiasis, eye infections, yellow fever, diarrhoea, rabies and HIV/AIDS etc. There was concern expressed by the PAPs that cases of malaria might increase due to construction activities that might lead to ponding of water. Results from the survey also indicate that children suffer from mostly cough and flu. It was therefore recommended that during the construction period, the contractor should endeavour to carry out watering of the area to reduce on the dust that may raise chances of other respiratory diseases. Baseline results indicated that the directly affected PAPs, 19.1% of the household heads suffer from chronic diseases while 80.9% do not. Out of those suffering from chronic diseases, majority 42.1% suffer from other chronic disease like high blood pressure, ulcers, allergies, syphilis, 20% suffer from HIV/AIDS, and 14.7% suffer from Diabetes, 14.7% from Stroke, 4.2% from Heart disease, 3.2% TB, and 1.1% from cancer. From the indirectly affected, results indicated that 6.4% of the households suffer from chronic diseases. Amongst the directly affected group it is recorded that 9.6% of the households suffered death of a household member due to HIV/AIDs, cancer, natural death, witchcraft, high blood pressure and malaria whereas in the Control group/indirectly affected, 13.3% suffered death of a household member due to cancer and malaria. 5.13.2.3. HIV/AIDS and STDs Results indicated that 98.1% PAPs/directly affected have heard of HIV/AIDS, 99.6% know how it is contracted and 97.9% know how its avoided while from the control group/indirectly affected, all people surveyed had heard about HIV/AIDS, 99.5% know how its contracted and 99.5% know how to avoid it. These statistics imply that people are very much aware of the disease. This will help to reduce on the number of infections in the area during project implementation. According to the directly affected people, 69.1% believe the cause of AIDS is irresponsible sexual behaviour followed by 27.4% through sharing of sharp instruments, 2.1% from mother to child transmission, 1.2% through blood transfusion and 0.2% don’t really know what causes AIDS prevalence rate while according to the control group 100% of the people reported that the cause of AIDS is through irresponsible sexual behaviour. www.newplan.ug Resettlement Action Plan – February 2019 107 Ministry of Water and Environment Results of the directly affected group show that according to them the major STDs common in the project area include 50.9% HIV/AIDs, followed by 40.8% syphilis, 6.2% Gonorrhoea. However, according to the control group the majority reported that the major common STD is HIV/AIDS (67.6%), followed by 20.9% syphilis and 11.5% Gonorrhoea. Among the referral health facilities utilized by the households are Mbarara Main Hospital and Kabuyanda HC IV. With regards to distance, according to the directly affected group, majority 49.7% travel 5-10km to the health centre from their home followed by 48.2% travel less than 5km and 2.1 % travel more than 10km from their homes to the health care clinics. 5.13.3. Energy Kabuyanda Town Council and Kabuyanda Sub County are among the few remote areas in the country that are connected to the national grid. Several villages in Kabuyanda Town Council and Kabuyanda Sub County are connected to the 33kV lines and the power supplier is UMEME. During the project site inspection, it was observed that majority of the households connected to the national grid are mainly households in the trading centres like Kabuyanda trading centre, Kisyoro, Kanywamaizi among others while the households living on the hilltops are not connected. It was also observed that a few public facilities were connected to the grid like Kabuyanda HC IV, St. Paul Catholic Church among others. Electricity is mainly used for lighting. Findings from the socio-economic survey showed that majority of the directly and indirectly affected households use firewood for cooking. A sizeable number in the indirectly affected group reported to use kerosene as shown in Figure 5-10. www.newplan.ug Resettlement Action Plan – February 2019 108 Ministry of Water and Environment Figure 5-10: Fuel Used for Cooking Also according to the directly affected people majority 79.2% use kerosene for lightning, 14.6% use solar, 5.5% use electricity and 0.6% use firewood while the Control group/indirectly affected group majority 66.7% use solar for lighting, followed by 22.2% who use kerosene and 11.1%use firewood. 5.13.4. Water Supply Isingiro District is prone to drought and there is lack of adequate water for both human consumption and production. The average safe water coverage for the entire district is recorded at 35% which is far below the national standard of 66%. According to the National Population and Housing Census 2014 – Isingiro District Profile, 12.3% of the households in the district have access to piped water while 6.1% access water through boreholes. Kabuyanda Sub County depends mainly on water from Gravity Flow Schemes (GFS) and borehole water. The sub county has two Gravity Flow Schemes which include; Rwemango GFS, Rwabymera and four boreholes scattered all over the Sub County. Other sources of water for households in the sub county include springs and swampy water although the quality of the water from these two sources is poor in terms of taste, colour, smell and hardness. Kabuyanda Town Council depends mainly on two streams flowing from Oruhenda from Kabuyanda Sub County and a Gravity Flow Scheme from Rutemba and Kisyoro supplying the town www.newplan.ug Resettlement Action Plan – February 2019 109 Ministry of Water and Environment council and other villages in the vicinity. These gravity flow schemes provide water to the communities at no cost. Initially, these gravity flow schemes were owned by associations, organized in small groups through which money was collected for maintenance purpose. These associations later collapsed due to poor management and death of strong leaders. During consultations with the local authorities, they requested the developer of Kabuyanda Water Resource Development Project to assist them in the maintenance of the gravity schemes and to build bigger water storage tanks. The findings of the socio-economic survey show that the main sources of water for both directly and indirectly affected households are river/streams, unprotected springs, shallow wells, public boreholes, rain water harvesting, public stand posts and protected springs/wells. In terms of distances travelled to the water source, the majority of the directly affected households (44.1%) travel up to 1.1km-5km to reach a water source while majority of the Control group 47.9% travel 501-1km to reach a water source. The majority of the households (75.3%) spend up to an hour to collect water from the water source. 5.13.5. Access to Credit Facilities There are two major commercial banks and several Savings and Credit Cooperatives (SACCOs) operating in Isingiro District and these include DFCU Bank and Centenary Bank through which members of the public can keep their savings and access credit. The SACCOs provide savings and credit to the communities at slightly lower interest rates compared to commercial banks. These SACCOs include; OMIPA Cooperative Savings and Credit Society Limited, Ankole Diocese Millennium SACCO Limited, Kabuyanda Agricultural Savings and Credit Cooperative Society Limited and Girinka Mulenga Isingiro Savings and Credit Cooperative Society Limited. Findings from the socio-economic survey revealed that 14.3% of the directed affected household heads have a bank account while only 4.3% from the control group/indirectly affected have a bank account. The results imply that during compensation, bank services will be needed near the PAPs so as to be able to get their compensation packages. There are a number of cooperative societies that support members of the community especially the farmers. These include; Kabuyanda Dairy Cooperative Society Limited, Tukundane Fish Farm Limited, Kaiho Farm School Leavers Cooperative Society and Kigarama Commodity Marketing Cooperative Society Limited. These cooperative provide the farmers with advisory services, farm inputs like seeds and seedlings, chemicals, provision of high quality animals like Friesians, market for their products and loans at low interest rate and rent land to farmers like Tukundane Fish Farm Limited and Kaiho Farm School Leavers Cooperative Society. www.newplan.ug Resettlement Action Plan – February 2019 110 Ministry of Water and Environment 5.14. Communication and Access to Information Isingiro and Ntungamo Districts are connected to a number of telecommunication networks like MTN Uganda, Orange Uganda, and Airtel Uganda. Besides telecommunication, the district is also connected to satellite and free to air television and radio stations. Some of the satellite televisions that are accessible in the districts include; DSTV and Azam TV. Radio stations include; Radio West, Endigito radio and Ruhiira Radio. Consultations with the communities revealed that majority of the people in the project area listen to Ruhiira radio. In terms of telecommunication network, Airtel Uganda is the major network to which people in the project area are connected. 5.15. Access to and Dependence on Natural Resources Land is the major natural resource accessed by households in the project area. The land is mainly used for crop farming, tree planting, animal rearing and fish farming. Other natural resources the people depend on are streams and river tributaries for water supply and fish farming. The communities also access firewood from Rwoho Forest Reserve. In addition, non-timber forest products such as medicinal plants, mushrooms, are accessed from Rwoho Forest Reserve. 5.16. Gender Relations Consultations with the women groups revealed that women do not have much say as regards ownership of the property. The women further revealed that land and animals belong to the men while food crops belong to the women. A woman is entitled to land if it was given or inherited by her family or if she purchased it. The women emphasized that they should be involved and consulted throughout the project life cycles. In terms of gender roles, women take up most of the workload compared to men. Women are responsible for tilling the gardens, collecting firewood, fetching water, cooking food, keeping the home clean, looking after children. Men are responsible for tilling the gardens, collecting firewood, grazing animals and earning income for the family. However, women are also major contributors to the family income. Girls are responsible for helping out their fathers with grazing animals, fetching water and any other chores assigned by the parents. Girls are responsible for helping their mothers with the household chores, fetching water and any other duties assigned by the parents. Additionally, established forms of gender segregation and defined roles/responsibilities may affect women. They may also be inhibited or hindered from complaining about specific incidents (e.g., husbands abandoning affected family and eloping with different women after receiving compensation proceeds, gender based violence emanating from contested sharing of compensation proceeds, etc.). In some communities, women may have lower literacy rates and be less familiar with formal compensation processes. www.newplan.ug Resettlement Action Plan – February 2019 111 Ministry of Water and Environment Grievance redress committees will therefore include female staff and PAPs who are aware of and sensitive to the role of women in local communities and issues they face. The project will train personnel in the handling of gender-sensitive issues; The project’s social development specialist (s) will receive training accordingly. 5.17. Non-Governmental Organisations / Community Based Organisation Table 5-17 shows the NGOs that operate within the project area. Table 5-17: Non-Governmental Organizations Operating in the Area NGO/CBO Activities Target group Area of operation Compassion International Support children from humble families Vulnerable children Kabuyanda through payment of school fees and /poor children scholastic materials Kagera Integrated Rural - Build water tanks Families Kikagati Sub Program County Control groups - Evaluations of the impact of the Host communities Project host project communities 5.18. Existing Government Programs for Livelihood There has been some effort by government provide programs to improve livelihoods for the communities in the project areas. Table 5-18 shows the existing livelihood programs for communities in the project area. Table 5-18: Existing Livelihood Programs in the Project Area Livelihood Program Activities Target group Youth Livelihood Program - Government supports various youth projects Youth - Youth are encouraged to form groups of 10-15 members - Government extends loans to youth and it is a revolving fund where youth have to pay back the loan in a period of 2 years. Uganda Women - Government supports women through women’s’ Women groups by giving them loans. www.newplan.ug Resettlement Action Plan – February 2019 112 Ministry of Water and Environment Entrepreneurship Program Special Grant for Person - Persons with Disability are encouraged to form Persons With with Disabilities groups through which the government can extend Disabilities credit facilities to them. - The government gives the PwDs less than 3,000,000 UGX and the loan is not payable back to the government. www.newplan.ug Resettlement Action Plan – February 2019 113 Ministry of Water and Environment 6. POTENTIAL PROJECT IMPACTS 6.1. Introduction The proposed Kabuyanda IDCRP Project will have impacts on people and institutions in the project area. The impacts of the project on households will include both positive and negative impacts. This section of the report summarises the anticipated impacts from the project. 6.1.1. Estimated Potential Affected Population The estimated number of asset owners that will be directly affected by the project through loss of property is 1,615 of which 15 are licensees on NFA land. Considering that the average household size in Isingiro district is 4.8 persons (5 persons), the estimated number of affected persons is 8,075. A breakdown of the population per component is presented below: Table 6-1: Estimated Number of PAPs Project Component Number of Asset Number of Persons in a Owners household Main lines 884 4,420 Secondary lines 667 3,335 Access road 28 140 Management camp 21 105 Sub Total 1,600 8,000 NFA licensees 15 75 Total 1,615 8,075 6.2. Negative Impacts The proposed construction of the water resources project will affect households and institutions by one or a combination of the identified categories of losses as below: ▪ Loss of residential houses and auxiliaries; ▪ Loss of land; ▪ Loss of crops; ▪ Loss of public property e.g. National Forestry Authority land and tree cover and educational facilities. 6.2.1. Impact on Land Land that will be affected comprise of majorly NFA land (details are contained in an independent report attached as Appendix E). The impact on land for individual households will be through the laying of sections of the main and secondary irrigation pipes mainly along individuals/institutions www.newplan.ug Resettlement Action Plan – February 2019 114 Ministry of Water and Environment properties’ edges. The smaller tertiary pipes will be laid along the boundaries of individual plots boundaries in the command area and will not require land acquisition. The breakdown is detailed in the table below: Project Component Location Amount of Land Dam construction, associated head works part of Rwoho Forestry Reserve and along road reserve irrigation network (Sections of Main Pipeline) and edge of individual/institution properties 303 Ha construction of irrigation networks (Sections of Main Along road reserve and edge of Pipeline and secondary pipelines), scheme offices, sanitation individual/institution properties 6 Ha facilities, and weather stations 6.2.2. Impact on Structures Different categories of structures will be affected by the main water lines such as residential (categorised as semi-permanent and permanent structures) pit latrines, bathrooms, fences/hedges, kitchens etc. Table 6-1 shows the type of structures that will be affected and their numbers. Sample pictures of the potential affected structures are provided in Figure 6-1. Table 6-2: Estimated Affected Structures by Type Type of Structure Estimated Number Residential structures 93 Commercial buildings 02 Auxiliary structures (Kitchen, toilets, 67 bathrooms) Animal houses 13 Graves 4 Gate 02 Enclosed mud and Wattle structure 4 with a Local Domestic Polythene Water reserve Pit Hedge fence 117 Perimeter wall 03 Concrete Water Tanks 02 Green house 01 www.newplan.ug Resettlement Action Plan – February 2019 115 Ministry of Water and Environment Valley dam 02 Beehive 01 Total 311 Table 6-3: Number of PAPs and the intervention that is the source of the impact. Type of Structure Estimated Number of No. of Component structures PAPs Residential structures 93 93 Main 1,2,3,4,5 & 6 Commercial buildings 2 2 Main 1 Auxiliary structures (Kitchen, 67 67 Main 1,2,3,4,5 & 6 toilets, bathrooms) Animal houses 13 11 Main 1,2 & 6 Graves 4 4 Main 4, Main 2 Gate 02 2 Main Line 2, Sec 2 Hedge fence 117 65 Concrete Water Tanks 2 2 Main 2 Sec 1, Main 4 Enclosed mad and Wattle 4 2 Main Line1, Main structure with a Local line 2 Domestic Polythene Water reserve Pit Perimeter wall 03 03 Main 6 Green house 01 1 Main 5 Valley dam 02 2 Main 4,Sec 1 Beehive 01 1 Main 6 Total 311 255 www.newplan.ug Resettlement Action Plan – February 2019 116 Ministry of Water and Environment Semi-permanent affected structure Permanent affected structure Figure 6-1:Photographs of Potential Affected Structures 6.2.3. Impact on Public Infrastructure and Utilities Institutions with property affected by the project are shown in Table 6-4. Table 6-4: Institutions likely to be affected Name of Public Institution Expected type of impact Project Component 1. Kabesekye Primary School Land and crops Main line 2. Bukurungu Primary School Land Secondary line 3. Kitezo Primary School Land Secondary line 4. Kigarama International School Crops and land Main line 5. Nyampichi Primary School Land and trees Main line 6. Kabuyanda Primary School Land Main line 7. Kabugu Primary School Land and trees Main line 8. Kabugu Catholic Church Land and trees Main line 9. St. Jude Catholic Centre Land Main line 10. St. Mary’s Primary School Toilet, teachers’ residences Main Line (2No), kitchen (2No), water tank 11. National Forestry Authority (NFA) Land Main line, camp, dam area, reservoir, office, workers’ camp www.newplan.ug Resettlement Action Plan – February 2019 117 Ministry of Water and Environment 6.2.4. Impact on Crops/Trees Crops that will be affected by the project include bananas, coffee, seasonal crops such as maize, sweet potatoes, beans, vegetables, sorghum, millet, yams etc. Fruit trees include mangoes, avocado, pawpaw and jackfruit. On the other hand, timber trees that will be affected include eucalyptus and pine trees as well as other trees like bush trees and omukunyu. Figure 6-2 shows some of the potential affected crops/trees. Overview of a potential affected banana plantation Maize plantation in the directly affected area for the in the proposed area for storage tanks storage tanks Banana plantation affected in Luyonza village Affected Eucalyptus trees at Ndani village 6.3. Figure 6-2: Potential Affected Crops/Trees Impact on Cultural Sites and Assets www.newplan.ug Resettlement Action Plan – February 2019 118 Ministry of Water and Environment Around 4 graves and 3 religious institutions will be affected by the development of Kabuyanda Water Resources Project. Consultations with a few individuals indicated that they would prefer not to have their loved ones exhumed from the graves. Nonetheless, a budget for relocation of graves has been provided. 6.4. Loss of Access to Natural Resources Natural resources that will be affected by the project include forest cover for NFA and grazing land such as shown in Figure 6-3 below. Land take for NFA land is estimated at around 130.354 acres (52.75 hectares). Figure 6-3: Grazing land in the Project Area 6.5. Impact on National Forestry Authority (NFA) Most of the project component such as dam site, reservoir, camp sites, access roads are located within NFA land, the Rwoho Forestry Reserve, a degraded forest partially restored with non- indigenous species (pines and eucalyptus). An independent assessment was conducted by MWE and NFA to carry out an inventory of all affected trees and licensees. The inventory recorded 15 licences comprising of 13 private trees farmers and 2 (Collaborative Forest Management CFM) groups. Details of the impact on NFA and proposed mode of compensation are contained in an Assessment Report attached as Appendix E. A summary of the impact on NFA is as shown below. www.newplan.ug Resettlement Action Plan – February 2019 119 Ministry of Water and Environment  Area affected: 302.47 ha  Number of licensees: 15 (i.e. 13 private farmers and 2 CFM groups)  Number of stems/trees: 133,131 6.6. Impact of the construction of the dam for the downstream water users The construction of the dam is expected to affect water quality and quantity for the downstream users by trapping river-borne nutrients, dams might lead the growth of toxic algae which is harmful for the water users. These issues are addressed in the project’s ESIA. 6.7. Positive Impacts from the Project Despite having some of the negative impacts highlighted above, the proposed Kabuyanda Water Resources project is expected to bring positive impacts. If resettlement measures are properly implemented, the following positive impacts are expected: ▪ Very high irrigation potential which will increase crop production and levels of income. ▪ Provision of employment opportunities for local people. ▪ Development of skills among the project workers ▪ Improvement of access roads ▪ Tourism potential will be enhanced www.newplan.ug Resettlement Action Plan – February 2019 120 Ministry of Water and Environment 7. MITIGATION MEASURES, VALUATION AND COMPENSATION FRAMEWORK This section presents the valuation approach for asset and land improvement losses that was considered for compensation as well as the basis of valuation and rates used. It in addition discusses the eligibility criteria, entitlement matrix detailing what each category of eligible owner, user or business will receive in compensation. 7.1. Valuation Methodology in Uganda The Uganda legislation provides specific guidelines in terms of valuation. Compensation following the acquisition of land in Uganda is based on the principle of equivalence, which is broadly assumed to be the financial equivalent of the asset taken. The asset is valued on the basis of market value. In addition to the compensation derived from market value, the PAP is entitled to a statutory payment referred to as disturbance allowance of 15 or 30 percent depending on the duration given to the affected household to vacate the land. Valuation of semi-permanent structures and crops/trees is based on approved annually updated district compensation rates. Compensation may also arise where land or improvements are affected but not necessarily acquired in the interest of the execution of works. This type of compensation is payable when the loss occurs i.e. when some right in property other than its acquisition are temporarily affected due to interference with the activities being conducted on it. In Uganda valuation for compensation of land and improvements that are affected by Government projects was originally undertaken by the office of the Chief Government Valuer (CGV). This practice has changed in recent times and private valuers are now used to compile valuation assessment reports on behalf of Government. However, the CGV’s office retained its oversight role in ensuring that standards are maintained, and government interests are duly protected. The valuation is carried out in consideration of established practices, policies, regulations and Ugandan laws. The valuation of affected property for Kabuyanda Water Resources followed the following procedures: 7.1.1. Land Surveys 7.1.1.1. Collection of Initial Cadastral Data from Land Offices A request for cadastral data from Department of Survey and Mapping in Entebbe was made to enable the Consultant acquire information about all the surveyed or titled pieces of land within the www.newplan.ug Resettlement Action Plan – February 2019 121 Ministry of Water and Environment proposed directly affected area however, by the time of reporting this information had not yet been received. 7.1.1.2. Land Boundary Surveys Land boundary surveys were carried out to demarcate and determine the actual size of land to be acquired by the project. The survey was conducted by professional land surveyors. Surveying and opening land boundaries helps to show ownership of property and to calculate the extent of the impact of land acquisition. Property owners and the LC I Chairpersons worked closely with the land survey team for purposes of transparency, confirming land boundaries and ownership of the affected property. Based on the survey data, a Strip Map of the properties and the land to be taken by the proposed project has been produced (Annex 3.1). Figure 7-1shows the land survey steps /methodology during detailed RAP preparations. Collection of Initial Cadastral Data from the Land Offices Land Boundary Surveys Production of Strip Map and Survey Report Figure 7-1: Land Survey Methodology 7.1.2. Preparation of a Valuation Methodology For each valuation that is to be undertaken, a valuation methodology is prepared by a Valuer and submitted to the Chief Government’s Office for approval. A valuation methodology for this project was prepared and submitted to the CGV. This methodology is as described below and was followed when assessing the affected property and persons. www.newplan.ug Resettlement Action Plan – February 2019 122 Ministry of Water and Environment 7.1.2.1. Inventory and Registration of Affected Properties and Persons In order to prepare for compensation and other resettlement benefits, it is imperative that a comprehensive asset and affected persons’ inventory is prepared. The inventory specifies the type of buildings/structures, crops/trees, size of land and land tenure system affected. At the affected land plots, the valuer took a careful assessment of the affected property. This was done through both measurement and enumeration of the affected property. Photographs of affected persons and property were taken during the assessment. Seasonal crops were not included in the assessment as these will be harvested by the owners before land take. The valuer worked closely with the affected persons and the local authorities. A Valuation Report has been prepared (Annex 3.2). Figure 7-2 shows the valuation methodology /steps during preparation of this RAP. Preparation of a Valuation Methodology Inventory and Registration of Affected Properties and Persons Assessment of the affected property Photographs of affected persons and property Computation of Compensation Market value District Compensation Replacement Cost Disturbance rates Allowance Valuation Report Figure 7-2: Valuation Methodology www.newplan.ug Resettlement Action Plan – February 2019 123 Ministry of Water and Environment 7.2. Computation of Compensation 7.2.1. General Overview of Computation of Compensation Compensation and its computation have continuously been hindering factors in the successful and timely implementation of Resettlement Action Plans in Uganda. More often, the majority of the grievances raised by affected persons are related to compensation packages. It is thus important to provide appropriate compensation approaches that meet both the Ugandan and World Bank requirements. The valuation assessment is reached through a direct application of the applicable rates that are provided by the District Land Board for the Project Affected area and is submitted in draft to the CGV together with the strip map for review and comments. Following on from this, the final report is submitted to the Client through the office of the CGV for technical approval. The approved report becomes an official document for implementation of compensation payment. Two categories of rates used in the valuation of assets for compensation are: 1) Statutory rates as provided for in the Constitution and the Land Act. These include rates for crops, economic trees, temporary structures and graves, and are determined by District Land Boards (DLBs) with input from the relevant technical professionals. The District Land Board (DLB) develops the District Compensation Rates supported by the District Land Office (DLO) and other relevant District Technical Team. The developed rates are then submitted to the Chief Government Valuer’s (CGV) office for review and approval. The CGV reviews and makes changes to the rates and sends them to the DLB. The rates are then adopted for implementation within the jurisdiction of the district. The District Compensation Rates can be accessed at the Districts or at the CGV’s office. It is a statutory requirement that the rates are updated annually. 2) Market related rates derived from market analyses conducted by the office of the CGV or a delegated appointee who is a registered Valuer. These rates are specifically applied to land interests and permanent buildings. Factors considered during the assessment of these assets include market conditions, tenure systems, covenants, securities, and physical conditions of the asset. Amounts calculated for compensation for this project were in respect of official district approved compensation rates for crops, trees, semi-permanent and temporary structures. Cost estimates for land were calculated at market value including transaction costs, permanent structures at replacement cost including transaction costs. The disturbance allowance depends on the duration to be given to the PAPs to vacate the land. For this project, a disturbance allowance of 30% has been considered. The upper limit for the disturbance allowance was considered for purposes of www.newplan.ug Resettlement Action Plan – February 2019 124 Ministry of Water and Environment calculating the budget estimates. The update of the valuation report will revise the disturbance allowance basing on the period of notice to vacate the land that will be given to the PAPs. Table 7-1 provides a summary of valuation guidelines under national legislation and World Bank’s O Table 7-1: General Basis for Cash Compensation Calculations Assets Compensation under Ugandan Law World Bank O.P. 4.12 Valuation based upon market value of Value is computed at full replacement Land land plus a 15% or 30 % disturbance cost allowance including transaction costs. Structural values are computed at full replacement cost. Valuation on case-by-case basing on For cases of salvage value, there will Permanent structure materials, and the replacement cost plus a also be no deduction for depreciation 15% or 30% disturbance allowance. of assets in calculating the compensation rates. Non-permanent House Structural values are computed at full Valuation based upon the official district replacement cost. approved compensation rates with type of For cases of salvage value, there will materials and condition taken into also be no deduction for depreciation account as well as replacement value plus of assets in calculating the a 15% or 30 % disturbance allowance. compensation rates. Valuation based upon the official district Replacement cost with additional approved compensation rates with type of facilitation for cultural rituals and Other Structures (graves, materials, condition and age taken into relocation assistance. toilets, plate rakes etc.) account plus a 15% or 30% disturbance allowance. Valuation based upon the official district Compensation at full replacement cost. approved compensation rates and count Crops/Trees of trees and crops on the affected land/plot plus a 15% or 30% disturbance allowance. www.newplan.ug Resettlement Action Plan – February 2019 125 Ministry of Water and Environment It should be noted that interests in assets may be vested in more than one person or entity. The valuation procedure must, therefore, be able to recognize each interest and allocate the appropriate value to these interests so that fair and adequate compensation can be demonstrated in terms of individual interest, and not merely the combined interests in an asset. The following general guiding principles are followed when valuing assets. a) Valuation of assets must separate the different interests in the asset under review. Each interest must be valued in terms of fairness and adequacy; b) Land must be valued separately from any improvements to facilitate the valuation of separate interests and allow for the establishment of consistent land rates across the project; c) Annual crops are not valued if sufficient notice is given to harvest the crops. In the event that crops cannot be harvested, or incidental damage is caused, standard rates for annual crops will apply for the assessment of damaged crops. d) The value of salvaged materials at the time of resettlement will not be deducted from compensation. This RAP and the valuation of assets took into consideration the different principles. These were described in simple and understandable terms during the consultation meetings. 7.2.2. Valuation Basis Considered in this RAP 7.2.2.1. Land 1. Land acquisition for this project is categorised into the following: Permanent land acquisition for long term occupation. This covers land for the reservoir, water tanks, dam site, power house, camp sites, 5m for the main lines, 5m for the secondary lines and access roads. 2. Easements for the way leaves – This mainly covers 4m considered as buffer zones for the main lines. 3. Temporary land acquisition for short term occupation during the construction phase. Temporary land acquisition has not been considered in this RAP as the land for this purpose had not yet been earmarked. It is however recommended that for any future land temporary land acquisition, market rental values of the area be considered. 4 Along with salvage value, there will also be no deduction for depreciation of assets in calculating the compensation rates. The assessment for land for this project was based on market value and in accordance with Section 77(1) (a) of the Land Act. www.newplan.ug Resettlement Action Plan – February 2019 126 Ministry of Water and Environment During the exercise, market surveys were carried out in consultation with the local people, LC I leaders, and District Land Board committee representatives to obtain information on land transactions in the project area. Where no market information was available in a particular village but available in the next village the latter information was used. Table 7-2 shows the basis for the land values per village. Market survey data collected within the project area indicated an acre of land was purchased at 1 million to 40 million as shown in the table below. The land in Kabuyanda had the highest value due to its urban nature. The size of land taken has been multiplied by the market value of land to compute compensation for permanent land take. Land take for easements was assessed at 40% of the market value of an acre of land. Table 7-2: Basis for Land Values per Village Land rate (UGX) per acre Village (Permanent acquisition) Kamwosya, Rwamwijuka, Kigabagaba 2, Rwendongo 10,000,000 Kaburara, Kabeshekyere,Ruuyonza, Nyamiyaga, Muhanga, 8,000,000 Rwabyemera, Bugarama 2, Kigarama, Iryango, Kashaka, Nyampikye 1, Ndani, Kisinga,Bwebwera 2 Kabugu I And Kabugu 2, Rwendongo I, Paragon, Rwemizo 4,000,000 Kagoto 2, Kagoto 1, Kagoto 3, Kanywamaizi 2, Kanywamaizi 4, 7,000,000 Kaaro 1, Kaaro 2, Kaaro 3, Kinyara 1 Kabuyanda 40,000,000 Rutooma 15,000,000 Bugarama 1 12,000,000 Ruyonza 1,500,000 Bubare 5,000,000 Kabugu 2 6,000,000 Rukoni East 1,000,000 Cases of the registered land (in which case a land title should be available) could not be conclusively identified for purposes of this Valuation, but the owner would be well known and identified by the lawful tenants neighbours and local council authorities. The land is in that case assessed as customary, pending conclusive identification of the land (registered title) at a later date (possibly during project implementation). If the land is found to be registered, the extra cost for registration www.newplan.ug Resettlement Action Plan – February 2019 127 Ministry of Water and Environment shall be awarded to the subject registered owner as the title is made available or confirmed. Evidence of the registered land by the time of reporting had not yet been obtained from the Ministry of Lands, Housing & Urban Development, Department of Survey and Mapping, Entebbe. The land in this case has been assessed as customary, pending conclusive identification of the land (registered title) at a later date, possibly during census update. If the land is found to be registered, the extra cost for registration shall be awarded to the registered owner when the title is made available or confirmed. 7.2.2.2. Crops and Trees Estimates for compensation payable for crops and trees were computed using Mitooma District Compensation Rates 2016/17. Mitooma District compensation rates were used because Isingiro District had no current approved district rates. Section 59 of the Land Act provides for District Land Boards to compile or review District Compensation rates for their respective Districts. A 10% value adjustment was added to bring the applied rates to current value and also to cover up any inflation gap. Enumeration of crops was done mainly by head count. However, enumeration by area coverage was also used where appropriate. In both cases, the Valuation team was as much as possible cognizant of the normal agricultural standards. Seasonal crops were not assessed with assumption that by the time the project construction starts, these crops will have been harvested. 7.2.2.3. Buildings & Structures Assessment for temporary and semi-permanent structures was computed using District Compensation Rates while permanent structures were assessed basing on replacement cost. Sizes of the different structures were measured in square meters. A 10% value adjustment was added to cover up for escalating building material costs. Replacement cost is defined as the present day cost of acquiring a substantially similar present day asset that could provide a similar level of service to the asset in question. Replacement cost is based on current market values and technology of the day. Replacement cost values of permanent buildings and structures are derived from the project area in accordance with prevailing construction costs as governed by the following factors: ▪ Location in relation to urban centres ▪ Type and quality of materials used ▪ Workmanship and design of buildings www.newplan.ug Resettlement Action Plan – February 2019 128 Ministry of Water and Environment ▪ Location of building in relation to sources of materials and labour ▪ Terrain of the building site and the possible amount of leveling involved ▪ Age of structure and condition of buildings 7.2.2.4. Disturbance Allowance As guided by S.77 (2) of The Land Act, Cap 227 (Computation of Compensation), a disturbance allowance of 30% has been awarded on top of the assessed amount. This is on the assumption that the project affected persons will be given a notice of less than 6 months to give up vacant possession of the property. The disturbance allowance will be revised to 15% when updating the census in case the period to be given to PAPs to vacate the land will be more than 6 months. 7.3. Entitlement Framework and Eligibility Criteria The involuntary taking of land, results in relocation or loss of shelter and loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the PAPs must move to another location. The WB OP 4.12 Para 15 (a, b, & c) guidelines categorize those eligible for compensation and resettlement in three groups as shown below. (a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets-provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement action plan (itinerant farmers or sharecroppers) and; (c) Those who have no recognizable legal right or claim to the land they are occupying. WB OP 4.12 Para 16 states that persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. To achieve the objectives of WB OP 4.12 principles; PAPs covered under (a) and (b) above are to be provided compensation for land they lose, and other assistance; persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary. All persons included in (a), (b) or (c) above are to be provided with compensation for loss of assets other than land if they occupied the land before the entitlement cut-off date. 7.3.1. Eligibility Criteria for Land and Developments PAPs may be classified in one of the three groups listed above. The process involves review of tenure documents owned by occupants, interviews with households and groups in the affected area. www.newplan.ug Resettlement Action Plan – February 2019 129 Ministry of Water and Environment PAPs covered in (a) and (b) will be compensated for the land they lose, and other assistance ensuring that they are (i) informed about their options and rights pertaining to resettlement, (ii) consulted and provided with technically and economically feasible resettlement options and (iii) provided prompt and effective compensation at full replacement cost for loss of assets attributable directly to the project. Persons covered under (c) are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this RAP, if they occupy or use the project area prior to the cut-off date. PAPs were also considered eligible for compensation if; ▪ They have land within the directly affected area. ▪ They have developments/structures on the land within the directly affected area. ▪ They have crops or trees that will be affected by the project. ▪ Their crops are accidentally damaged during the valuation and survey exercises. ▪ They are affected during the fine tuning of the design and construction ▪ They are affected by opening up of access roads. 7.3.2. Eligibility for Community/Public Property Eligibility may also be claimed collectively, e.g. as a community, farmer’s group, religious group etc., when the assets lost are of communal property or use. 7.3.3. Vulnerable Groups WB OP 4.12 (8) requires that particular attention be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children, indigenous peoples and ethnic minorities. All vulnerable households (See table 5-5) that are affected by the project will be eligible for additional/special assistance. Special/additional assistance will include assistance throughout the compensation and claim process. The assistance provided will seek to ensure that they rightfully get their compensation, they receive continuous explanations about the process and they will in addition get assistance with opening up bank accounts etc. 7.3.4. Eligibility for relocation Eligibility for resettlement will consider the following categories of PAPs: ▪ All those affected households whose family house (principle place of residence) is located within the reservoir and any other sub-projects. www.newplan.ug Resettlement Action Plan – February 2019 130 Ministry of Water and Environment ▪ Households whose land will be acquired by the project and the remaining piece is considered no longer economically viable. 7.3.5. Loss of Income PAPs losing income will be considered for compensation for economic loss and livelihood restoration assistance. 7.3.6. Proof of Eligibility During the valuation process, a great deal of care was taken to ensure that the rightful owners are recorded. Photocopies of certificates of titles, land sale agreements, confirmation from family members, neighbours and local leaders were also be considered for PAPs who had them. In addition, photographs of PAPs recorded were taken and shall be attached to each file during the implementation of the RAP. In the case of absentee PAPs during the assessment period, their documentation and photographs will be taken prior to payment of their compensation packages. The RAP implementing team shall also consider several aspects for proof of eligibility and these will include the following; written evidence indicating that the person purchased the land (e.g. certificate of title, land sale agreements), received it as a donation or as a legacy or a successor. Additionally, documents proving succession grants, Letters of Administration in case of death of the owner, and Guardianship Orders in case of minors shall be accepted. 7.3.7. Salvage of Materials PAPs shall be given a chance to salvage materials or other items from their land before construction activities commence. They will be given at least a 3-6 months’ notice to move as provided by law. 7.3.8. Moving Arrangements PAPs shall receive notice that they must relocate at least 3-6 months prior to the date they must move. Along with details of their entitlements, the process for receiving compensation and assistance will be explained by the RAP implementation team. They may be assisted with moving expenses and transitional assistance where necessary. 7.3.9. Cut-off Date The entitlement cut-off date refers to the time when the valuation assessments of the land and assets/developments on the land and a census of all the affected people are complete. The general meaning of the cut-off date and its implication was disseminated to the communities during the public meetings held at the local government and village levels. Those were held with the relevant stakeholders and communities in 2017 but the cut-off date was disclosed as 15th October 2018. www.newplan.ug Resettlement Action Plan – February 2019 131 Ministry of Water and Environment 7.3.10. Entitlement Matrix Entitlement matrix proposes eligibility and payments for the losses triggered by the project (e.g. land, structures, trees, crops, etc.). Hence, based on analysis of the impact of the project and the criteria for eligibility, the following entitlement matrix is developed on categories of PAPs according to losses and their entitlement benefits. Table 7-3shows the entitlement for the different assets. Table 7-3: Entitlement Matrix Land and Assets Types of Person(s) Compensation/Entitlement/Benefits Impact Affected Residential Land Land used for Title holder/ Cash compensation for affected land at replacement residence Owner value partially 15% or 30% disturbance allowance affected, Transfer of the land to PAP shall be free of taxes, limited loss registration, and other costs. Remaining land viable for present use. Land and Title holder Land for land replacement or compensation in cash assets used according to PAP’s choice. for residence 15% or 30% disturbance allowance. severely Relocation assistance (costs of shifting + allowance) affected Buildings and Partially or Owner Cash or in-kind compensation for affected building structures fully affected and other fixed assets at replacement cost 15% or 30% disturbance allowance. No deduction of depreciation value Right to salvage materials without deduction from compensation Rental/lease Cash compensation for affected assets (verifiable holder/squatte improvements to the property by the tenant). rs Disturbance compensation equivalent to 2-3 months rental costs Entire Owner Cash or in-kind compensation structures are 15% or 30% disturbance allowance. affected or Right to salvage materials without deduction from partially compensation affected Relocation assistance (costs of shifting + transition www.newplan.ug Resettlement Action Plan – February 2019 132 Ministry of Water and Environment Remaining allowance) structures not suitable for continued use Rental/lease Cash compensation for affected assets (verifiable holder/squatte improvements to the property by the tenant) r 15% or 30% disturbance allowance. Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Schools, health Loss Public Compensation to owners or operators as agreed by facilities and other structures, institutions the management of the institutions. public assets loss of land (e.g. water provision facilities) Crops Crops PAP (whether Cash compensation. affected by owner, tenant, 15% or 30% disturbance allowance. land or squatter) Livelihood restoration assistance acquisition or temporary acquisition or easement Temporary Temporary PAP (whether Cash compensation for any assets affected (e. g. Acquisition acquisition owner, tenant, boundary wall demolished, trees removed, food and or squatter) other crops) Ample notice for harvest of mature crops Cultural assets (e.g. Loss of Community / Cash compensation at replacement value graves, shrines etc.) cultural owner property Relocation assistance for moving of asset to a secure site. Trees Loss of trees Private Replacement of trees in another area within the farmers / forest reserve outside the project site. CFM groups on NFA land/squatters Developments on Loss of Licensees/ Cash compensation for developments on the land. crops/trees squatters www.newplan.ug Resettlement Action Plan – February 2019 133 Ministry of Water and Environment land and other eligible developments 7.4. Verification and Disclosure of Entitlements 7.4.1. Validation of Census Data Before disclosure of the entitlements, the census data will need to be approved by the Chief Government Valuer’s Office. 7.4.2. Verification, Disclosure of Compensation Principles and Unit Rates Disclosure will be carried out by the RAP team responsible for implementing this RAP to enable the dissemination of the results of the land and property compensation assessment process. The LC I representatives, elected PAPs’ representatives and representatives from the local government at both Sub County and district levels will be part of the verification and disclosure team. Prior to the individual disclosures, the RAP team will hold meetings with the local government authorities with particular reference to the District Land Board, Community Development Officer, District Surveyor, Sub county/Town Council representatives and Area Land Committee representatives. The objective of the meetings will be to update them about the project, introduce the implementing team, introduce the project procedures and principles to be followed during compensation, elaborate their expected roles and responsibilities and to avail information about all the other stakeholders involved and their roles. In this meeting, the project schedule will also be discussed. After the above meetings, the following disclosure meetings will then be carried out. ▪ The first stage disclosure meeting for the Grievance Resolution Committee team will be organized at a convenient place that will be decided upon after consultations with the local leadership and Grievance Resolution Committee members. This meeting will be a training session for the GRC members to understand the principles of compensation for the different types of loss and the processes of compensation, their roles and responsibilities in the resettlement process, etc. ▪ The second stage disclosure meetings will be at village level with individual households during which the results of the land and property assessment will be disclosed to them. The list of each affected individual will be made available at designated village notice boards; however, no amounts shall be indicated against each name. PAPs will be expected to point out any discrepancies in the property owners, neighbours, misspelt names etc. ▪ The third stage disclosure is individual meetings with each affected household/institution at an appropriate gazetted place. The proposed compensation for land and other affected www.newplan.ug Resettlement Action Plan – February 2019 134 Ministry of Water and Environment properties will be disclosed. Family members have to express their consent at this level as required by Section 40 of the Land Act especially with regard to family property such as family houses. At this stage the following forms will be filled. 1. Verification form: This will be signed by the affected person, the LC I Chairperson, Community Development Officer and Town Clerk or representative. 2. Disclosure form: This will be signed by a number of people such as the claimant, the next of kin, LC I Chairperson, the Social Development Specialist, The Town Clerk or his/her representative among others. Normally, there are high expectations in regard to the compensation packages. Based on the expectations of the PAPs, some may reject the compensation packages. Discussions with and explanations to the affected parties will be held by the implementing team. The affected households/institutions will be free to ask any questions before signing the compensation agreements. The RAP implementers will make sure that the affected households have understood all the steps and requirements before signing the agreements. Openness and mutual respect will be key in this process. Affected parties will be provided with a choice of either cash or in-kind compensation to the extent practically possible. 7.4.3. Conclusion of Agreements or Attempt at Mediation After verification that the affected property is properly captured / enumerated and after the affected persons/households / institutions confirm that the compensation and resettlement packages adequately reflect their lost assets and are acceptable to them, they will sign disclosure agreement forms. In case of family property or married persons, consent will be given by the spouse and the adult children (18 years and above) as required by the Land Act Sections 39 and 40. However, if the affected persons do not agree with the disclosure outcomes, they will be requested to put it in writing or fill a grievance form so that their issues can be dealt with and matter closed later on. All relevant documentation such as land agreements, land titles, Letters of Administration in case of death of a property owner, valid identification etc. will be scrutinized and relevant land searches carried out with the relevant bodies. If all the relevant documentation is found to be in order and the affected person is in agreement with the compensation amount, he/she will sign the consent forms. In the event, that the person is not in agreement with any aspect of the compensation, the PAP will lodge a grievance by filling a Grievance Resolution Form or by formally writing to the project team. 7.5. Procedures for Delivering Compensation Entitlements www.newplan.ug Resettlement Action Plan – February 2019 135 Ministry of Water and Environment The implementation team or compensation committee will draw up a payment plan to ensure that payments are not delayed. The compensation packages and all relevant information will be verified by the RAP implementation team. The team will make sure that all relevant documents have been signed by the relevant parties i.e. PAP, spouses or children, LC I Chairperson, Area/Parish Committee representative etc. The team will also ensure that all relevant ownership documents are attached on individual payment forms. The team shall work hand in hand with the local authorities at village, sub-county and district levels. In addition, all tenants/kibanja owners shall seek consent from the registered land owner to pass interest in land to MoWE as required by Section 34 of the Land Act. A consent form in regard to this shall be signed by the registered land owner and the tenants/ kibanja owners. This form shall be witnessed by the Area Land Parish-/-Sub- County Committee member, and a Legal Officer. The criteria of payment will be a lump sum paid to an individual PAP as a sum of the affected property owned on the affected land. Payment of compensation for all amounts more than Uganda Shillings Five Hundred Thousand (UGX 500,000/=) will be made through the bank. Money will be transferred directly from the developer’s account to the affected persons account through Electronic Funds Transfer system (EFT). Bank cheques will also be another form of payment. However, for purposes of security, PAPs will be encouraged to use the option of Electronic Funds Transfer. Payments less than Uganda Shillings Five Hundred Thousand (UGX 500,000/=) will be paid directly in cash to the affected people. PAPs with compensation packages of more than UGX 500,000/= will be encouraged to open bank accounts in banks of their own choice. Each person who will receive compensation will sign an acknowledgement receipt form for the payment. This form summarizes the compensation amount per item affected (land, crops, structures) plus disturbance allowance. The following parties shall sign the Compensation Payment Certificate: compensation recipient/claimant, Legal Officer, PAP’s witness, MWE Representative and Area / Parish Land Committee representative. The World Bank resettlement guidelines recommend provision of in-kind compensation or cash compensation where appropriate. Affected households were asked their preferred mode of compensation and the majority (88.4%) preferred cash compensation for their property. However, despite this preference, analysis will be made during implementation so that the most vulnerable households receive the most appropriate option for compensation. In addition, all those who will prefer in-kind compensation for their structures will have a chance to receive in-kind compensation. 7.6. Land Acquisition Process 7.6.1. Signing of Land Transfer and Land Mutation Forms www.newplan.ug Resettlement Action Plan – February 2019 136 Ministry of Water and Environment Registered landowners (leasehold/private land) sign land transfer and mutation forms and submit the original certificate of title of the affected land to MWE for subdivision and transfer of ownership of the acquired land. Customary and bibanja land owners will sign land transfer consent forms to enable their land to be subdivided and transferred in the name of the government by issuance of a certificate of title. 7.6.2. Application for Land Title The process of land titling starts immediately after compensation payment, signing of land transfer forms and mutation forms by the PAPs and surrendering of original certificate of title to the implementing agency (MWE). The individual subdivision survey files for each plot will be prepared and submitted to the district and national land and survey offices for processing deed prints. Thereafter, the applications for consent transfer and deed prints are taken to the Chief Government Valuer’s office for stamp duty assessment which is then paid to Uganda Revenue Authority (URA). Thereafter, the deed prints, proof of payment of the stamp duty and endorsed transfer forms are taken to the respective district land registry offices to obtain the mutated and residual titles. At this stage, registration and title charges are paid to the land registry. MWE is obliged to pay all transaction fees for processing of the subdivision and residual titles and to return all the residual titles to the land owners. www.newplan.ug Resettlement Action Plan – February 2019 137 Ministry of Water and Environment 8. LIVELIHOOD RESTORATION MEASURES 8.1. Introduction Land acquisition and resettlement can result in a temporary or permanent loss of income or livelihood (or reduction in livelihood status) by preventing an individual’s access to his/her productive assets or place of employment. Cash or even ‘in-kind’ compensation for lost assets are often not sufficient to ensure that adverse livelihood impacts do not occur. Thus, additional measures are often implemented to ensure that livelihoods do not decline, and to the extent feasible, are improved following completion of a land acquisition and resettlement process. These measures vary in type, scale, and time-scales and any programme of co-ordinated measures needs to be designed to fit the specific circumstances created by a land acquisition and resettlement process. WB OP 4.12 Para (6c) states that displaced persons should be offered support after displacement, for a transition period. This is based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. It recommends the provision of development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. In addition, WB OP 4.12 Para (2c) requires that displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. This section provides for applicable income restoration measures for PAPs whose income will be affected or disrupted during the construction of the Kabuyanda Water Resources Project. The proposed income restoration measures will minimise the impact of income loss and will provide PAPs with quick means of re-establishing their livelihoods. 8.2. Eligibility All PAPs will be eligible for livelihood restoration measures. However, the measures need to be targeted so that those who need most support can access it. The identification of the households mostly in need of the support is based on the criteria of: ▪ Areas which are the most impacted by the land take – water lines and reservoir tanks. ▪ Households losing structures ▪ Households losing crops/trees ▪ Vulnerable PAPs. ▪ www.newplan.ug Resettlement Action Plan – February 2019 138 Ministry of Water and Environment 8.3. Proposed Livelihood Restoration Programs The proposed livelihood restoration programs have been mainly based on the current livelihood activities, the imminent receipt of compensation packages, government plans and views elicited from stakeholders. Quite many stakeholders including PAPs proposed provision of employment opportunities, promotion of agroforestry and use of irrigation infrastructure among others. Some of the existing government programs for improving livelihood were not considered since they were more aligned to provision of loans to youth, women and PwDs groups. This is mainly because previous experience indicates that many of the affected households most times fail to repay the loans and end up in a worse situation than before the project. 8.3.1. Land / Agricultural based livelihoods and support This will be the major form of livelihood restoration. The rationale for the proposed measure is based on the current existing livelihood sources which are largely land based. All affected households will be eligible for this program. One of the major aims of the project is to provide water for irrigation which is already a measure to improve livelihoods. Farmers’ improved capacities to enhance productivity of their remaining lands will contribute greatly to the restoration and improvement of their livelihoods. Agricultural productivity can be enhanced through the following: - Provision of training in proper usage of irrigation infrastructure. This will be continuous throughout the lifespan of the project. - Collaboration with the districts to intensify the provision of agricultural extension services to the farmers. This will be a part of the district and sub county agricultural plans and should be continuous throughout the lifetime of the project. - Promotion of horticultural agriculture among the farmers through training . This should be a part of the district and sub county agricultural plans and will be continuous throughout the lifetime of the project. - Promotion of agroforestry among the affected households and farmers in the area in general through basic training. This will be a part of the district and sub county agricultural plans and should be continuous throughout the lifetime of the project. - Training in good agricultural practices and improved technology including the use of modern technology to cultivate land more efficiently, organic pesticides and integrated pest management. www.newplan.ug Resettlement Action Plan – February 2019 139 Ministry of Water and Environment - Provision of replacement ‘economic’ trees plus technical support in maintaining them until reaching full productive potential. - Note: All the Project Affected People are eligible to livelihood restoration Programme. 8.3.2. Access to employment opportunities during project construction This program aims to provide access to employment opportunities to Project Affected Persons for the construction period. The affected families will not only get income but will acquire skills that can provide them with other opportunities in the future. Able-bodied members of the affected households will be given first priority for recruitment during the construction phase. Given, the nature of the project, available jobs for the local people will mainly be in form of casual labour. It is expected that by employing them, they will be able to improve their income and this will facilitate their survival during the transition stage. Gender equity during recruitment of the PAPs shall be emphasized. A list of project-affected persons especially those losing their will be availed to the contractor before construction commences. Interested households shall nominate at least 1 person from their households to be included in the job interviews and successful candidates will be employed by the Contractor or his Sub Contractors. The number of households provided with job opportunities will largely depend on the number of available opportunities. All affected households are eligible for this program. 8.3.3. Financial literacy and management training Financial literacy refers to the set of skills and knowledge that allows individuals to make informed and effective decisions regarding money matters. It is important for affected families to make good decisions on money matters to avoid the misuse of the compensation money. Poor decisions regarding money can harm families and their livelihoods. Financial literacy and management training will commence prior to the disclosure of entitlements and cash compensation. All PAHs will be eligible for financial management training. Training topics will include but not limited to the following: ▪ Basic numeracy skills ▪ Money management and basic household budgeting ▪ Savings and strategic cash management ▪ Investment analysis ▪ Access to low interest loans www.newplan.ug Resettlement Action Plan – February 2019 140 Ministry of Water and Environment The RAP implementing consultant will liaise with one of the rural banks i.e. DFCU and Centenary Bank to offer the financial management training. All affected households will be eligible for this program. 8.4. PAP Consultations and Disclosure The proposed livelihood measures were disclosed to the PAPs during the community meetings and information disseminated about livelihood restoration programs. The methods of implementation of the programs were disclosed to the PAPs. Delivery Mechanism There are a range of options for delivery of transitional support and livelihood restoration measures; for example: ▪ MWE establishes a ‘Resettlement Unit’ and funds, manages and implement measures until the completion audit confirms that livelihoods have been restored; ▪ MWE establishes a ‘resettlement function’ with a manager and appropriate support staff to manage the work. Implementation would be by external partners (such as specialized consultancies and/or NGOs) contracted against specific scopes of work); and ▪ MWE enters into partnerships with organizations that are undertaking successful agricultural and business-based assistance programmes in the targeted areas, to expand their programmes and eligibility criteria to accommodate livelihood restoration measures. 8.5. Schedule of Implementing Livelihood Restoration Measures Table 8-1 shows the timeframe and timing of implementation of the proposed livelihood restoration strategies. Table 8-1Timeframe for Implementing the Livelihood Restoration Measures Livelihood Restoration Program Timeframe Start date Responsibility 1. Land / Agricultural based livelihoods and support Provision of training in proper usage of Continuous After construction MWE, District, irrigation infrastructure Sub county, Town council Collaboration with the districts to Continuous Before start of MWE, District intensify the provision of agricultural implementation extension services to the farmers. livelihood programs Promotion of horticultural agriculture Continuous At start of MWE, District, www.newplan.ug Resettlement Action Plan – February 2019 141 Ministry of Water and Environment among the farmers through training. implementation livelihood programs Promotion of agroforestry among the Continuous At start of MWE, District, affected households and farmers in the implementation Sub County, area in general through basic training. livelihood programs Town Council Training in good agricultural practices Continuous At start of MWE, District, and improved technology including the implementation Sub County, use of modern technology to cultivate livelihood programs Town Council land more efficiently, organic pesticides and integrated pest management. Provision of replacement ‘economic’ 1 month At start of MWE, District, trees (saplings) plus technical support and implementation Sub County, training in maintaining them until livelihood programs Town Council reaching full productive potential. 2. Access to employment opportunities Throughout the At start of Contractor, during project construction duration of construction District, Sub construction County, Town Council, 3. Financial literacy and management 1 month Before MWE in training commencement of collaboration with compensation reputable banks. 4. Transition Allowance 3 months After displacement MWE www.newplan.ug Resettlement Action Plan – February 2019 142 Ministry of Water and Environment 9. GRIEVANCE REDRESS MECHANISM 9.1. Introduction Taking into account the complexity of resolving disputes and grievances, PAPs have to be informed about various grievance redress procedures and of their right to appeal if not satisfied. This section therefore describes avenues through which PAPs can lodge complaints/grievances related to land acquisition and compensation. It describes stages and procedures to be followed during grievance management A Grievance Resolution Mechanism (GRM) is a system by which queries or clarifications about the project are responded to, problems with implementation are resolved, and complaints and grievances are addressed efficiently and effectively. It is best practice for the grievance mechanism to clarify at the outset who is expected to use the procedure, and to assure stakeholders that there will be neither costs nor retribution associated with lodging a grievance. The entire process (i.e. how a complaint is received and reviewed, how decisions are made and what possibilities may exist for appeal) will be made as transparent as possible by putting it into writing, publicizing it and explaining it to relevant stakeholders. Different categories of grievances are expected during the different stages of the RAP. These are categorised into social, survey, valuation and legal grievances as shown below. ▪ Social: Family disputes, land disputes, deceased PAPs, minors, mentally ill, the vulnerable. ▪ Survey: Objection to computed land size of the affected land, omission of PAPs land, missing PAPs, and land tenure system complaints. These may require re-surveys. ▪ Valuation: Rejection of compensation package considered low value, PAPs missing in approved Valuation Report, property not captured during the initial assessment, discrepancy of information appearing on Strip map and Valuation report. These may require re- valuations or explanation to clarify issues. ▪ Legal: PAPs requiring legal assistance and advice in acquiring of legal documents. This grievance procedure will not replace existing legal processes in Uganda but rather will seek to resolve issues quickly so as to expedite receipt of entitlements and smooth resettlement without resorting to expensive and time-consuming legal processes. The general objective of the proposed grievance mechanism is to provide a mechanism/process to receive and respond timely to any complaints made about the Project from different stakeholders (including those from members of the communities, local businesses and other stakeholders) and to be the basis for developing appropriate mitigation strategies. Specific objectives include: www.newplan.ug Resettlement Action Plan – February 2019 143 Ministry of Water and Environment ▪ Establish a mechanism for responding to complaints in an understanding, transparent and culturally appropriate way (including language); ▪ Develop an accessible, transparent and efficient complaint procedure for people involved in and/or impacted by the Kabuyanda Water Resources Project; ▪ Facilitate effective dialogue and open lines of communication with the public; ▪ Manage expectations and/or negative perceptions towards Kabuyanda Water Resources Project; ▪ Establish a system of investigation, response and prompt complaint resolution; ▪ Minimize grievances regarding Kabuyanda Water Resources Project; ▪ Improve the Project social performance by evaluating complaints as a basis for taking remedial or preventive actions or developing responsive initiatives. The grievance mechanism will ensure that all Project Affected Persons including vulnerable groups e.g. the elderly, women and the disabled can easily access help at no cost. 9.2. Grievance Resolution Mechanism A simple Grievance Redress Mechanism (GRM) has been proposed to enable timely settlement of grievances to the PAPs. The grievance procedures will be anchored and administered at the local level to facilitate access, flexibility and openness to all PAPs. The grievance redress procedure ensures involvement with the respective districts and sub counties and Town Council officials and other key stakeholders and provides for record keeping to determine the validity of claims, and to ensure that solutions are taken in the most transparent and cost effective ways for all PAPs. The grievance resolution mechanism will involve four stages as illustrated in Figure 9-1. VILLAGE GRIEVANCE RESOLUTION COMMITTEE SUB-COUNTY / TOWN COUNCIL GRIEVANCE RESOLUTION COMMITTEE DISTRICT GRIEVANCE RESOLUTION COMMITTEE COURTS OF LAW Figure 9-1: Grievance Resolution Stages www.newplan.ug Resettlement Action Plan – February 2019 144 Ministry of Water and Environment Stage I: Village Grievance Resolution Committees Grievance Redress Committees will be constituted at local council one level (LC1) so as to ease accessibility for the PAPs. This committee will comprise of the following members: 1. Chairperson Local Council one (LC1); 2. An Elder; 3. Two democratically elected PAPs, (one female and male) 4. MWE Representative The grievance resolution committees for each of the affected villages will be established. The respective committees will handle grievances from their villages. Complaints that cannot be handled at village level will be forwarded to the Sub Country GRC for further management. Representative of community members on the GRC committees will be chosen by their respective communities during village meetings/community gatherings. The selection criteria will be jointly developed with the affected communities. The following could be used as a guide when selecting community members on the GRCs: ● The GRC member shall be one of the affected persons; ● The GRC member must be of good standing in the community, possess local knowledge and be willing to represent the interests of the PAPs; and ● The GRC member must be trustworthy and available to attend meetings whenever called upon. The communities will evaluate these selection criteria to identify the person(s) best suited to represent them on the GRCs. Each Grievance Resolution Committee is expected to select a Chairperson and a Secretary. Stage II: Sub County / Town Council Grievance Resolution Committees Grievance resolution committees will be constituted at Sub County level (LC3). Kabuyanda Water Resources project falls in Kabuyanda, Nyakitunda, Kikagati Sub Counties, Kabuyanda Town Council and Rukoni East Sub County in Ntungamo District, thus, five resettlement committees at this level will be set up. The grievance resolution committees will comprise of the following members: 1. Chairperson Local Council III (LC3) 2. Sub County Chief/ Town Clerk; www.newplan.ug Resettlement Action Plan – February 2019 145 Ministry of Water and Environment 3. Community Development Officer (CDO) 4. Area Land Committee Representative. 5. MWE Representative Each Grievance Resolution Committee is expected to select a Chairperson and a Secretary. Each Committee will be responsible for grievances in their Sub County or Town Council. The Sub County GRCs will work with the respective village leaders to solve a grievance. If the grievance is solved at this level, it will then be closed. However, if the grievance is not resolved, it will be forwarded to the District GRC for further management. Stage III: District Grievance Resolution Committees District authorities will participate in grievance redress thus the need to establish a grievance resolution committee at the District level. The grievance redress committees at the district level (Isingiro District) will comprise of the following members: 1. Chief Administrative Officer (CAO); 2. Chairperson Local Council V (LCV); 3. Community Development Officers; 4. District Land Officer; 5. Environmental Officer. The District GRC will get background information as much as possible about the case from the Sub county/Town Council GRCs. If the District GRC solves the grievance, it will then be closed. However, if the parties fail to agree, the affected person can utilize the Courts of Law as a last resort to solve the grievance. The Grievance Resolution Committees will utilize all avenues to solve grievances before the affected parties can go to the courts of law. Stage IV: Courts of Law The Government of Uganda (GoU) legislation allows a right of access to the courts of law by any person who has an interest or right over property. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress in courts of law as a last resort. 9.3. Grievance Resolution Process Through sensitization meetings, the PAPs, other community members and other stakeholders will be informed of the grievance management mechanisms in place for them to lodge their complaints and dissatisfactions. The procedure of resolving grievances is provided in Figure 9-2. To lodge grievances, PAPs will fill a Grievance Resolution Form or write formally to the implementing agency. (Sample of Grievance Form – in English is attached as Appendix D). The form will www.newplan.ug Resettlement Action Plan – February 2019 146 Ministry of Water and Environment also be translated into the local language i.e. Runyankore-Rukiga. Stakeholders who are illiterate will be assisted by members of the GRC to lodge complaints. The forms will be made available at the different levels of local government. The grievances will be received by the respective village leaders that is the LC1 for the respective project affected villages by the 5 Project Liaison Officer at sub- county offices who will register the grievances in a Grievance Log, give them reference numbers and categorize them. The Officer will evaluate the application and determine whether the issue can be handled administratively by the project technical team or whether the respective GRC has to meet over the matter. For matters that require technical input/verification, the grievance will be forwarded to the respective officers for handling. All grievances will be verified in the presence of at least two members of the respective committees at the level the grievance is being resolved. Communication of the outcome of the resolution will be provided in writing to the concerned parties or in a meeting and recordings of the proceedings taken and signed. Feedback of the outcome of the meetings or grievance resolution will be communicated verbally immediately after the resolution and, formally (in writing) within a week of the grievance resolution. If the grievance requires the sitting of the GRC, this will be communicated by the Project Officer to the Chairperson of the GRC committee. The Chairperson will then mobilize the committee members and the concerned parties. The concerned parties will be mobilized within a week of determining the course of action for the grievance. The date and venue of the deliberations will be communicated to the relevant parties through the Chairperson of the Grievance Committee. The frequency of GRC meetings will be determined by the number of grievances received. It is however proposed, that initially, the GRCs sit at least once a month as a minimum in each Sub County to clear off any pending issues and to provide feedback to the project implementers. It is foreseen that the frequency of these meetings will diminish as the issues to be addressed decrease and the meetings can then be scheduled on quarterly basis. The guiding principle in addressing complaints is that the matters must be addressed as expeditiously as possible. The Legal Advisor on the implementing team will give guidance to cases that require legal input. Where found practical, civil society organizations operating in the project area can be involved in the grievance resolution process. These will be involved in i) sensitizing PAPs about their rights to compensation, ii) reaching out to the communities, and iii) providing support to the disadvantaged youth through income generating opportunities. Selection of these NGOs will be based on their presence in project affected Districts and type of services they provide. www.newplan.ug Resettlement Action Plan – February 2019 147 Ministry of Water and Environment 9.4. Inclusion of Women and other Vulnerable Groups The GRCs will be sensitive to the needs of women and other vulnerable groups. For instance, meeting venues and times will take into consideration the limitations of such groups. All aggrieved parties will have access to the grievance resolution team at no cost. Women may also be inhibited or hindered from complaining about specific incidents (e.g., husbands abandoning affected family and eloping with different women after receiving compensation proceeds and gender-based violence emanating from contested sharing of compensation proceeds). In some communities, women may have lower literacy rates than men and be less familiar with formal processes. Therefore, grievance mechanism committee to be established will include female staff who are aware of and sensitive to the role of women in local communities and the issues they face. The project will train personnel in the handling of gender-sensitive issues; preferably the social development specialist for MWE should have training in Gender-based violence . 9.5. Training Members of the Grievance Resolution Committees at the different levels of local government will be trained in grievance management. The main topics of discussion will include GRC roles, managing gender based violence related cases ,channels of communication, guiding principles etc. The training will be conducted by the RAP implementing team. 9.6. The Grievance Database Management  A database will be established and will be updated weekly by the Project Liaison Officer. The database will be designed to make it easy to track individual grievances, giving each grievance a reference number and will show deadlines for progress on grievance communications and resolution. The grievance database will specify the actions for each grievance and the status of the grievances. Where it has not been possible to resolve grievances to the satisfaction of both parties, this will be specified in the database and unresolved grievances assessed during third party monitoring. However, it should be noted that it is important that grievances are resolved at the earliest and be monitored regularly through internal project monitoring mechanism. www.newplan.ug Resettlement Action Plan – February 2019 148 Ministry of Water and Environment PAP Lodge grievance to GRC member Gr or Project Liaison Officer (Immediate) ie Record, review and categorize grievance Technical Team Is case resolved? Provide feedback va PROJECT Forward to responsible personnel for Action verifies case and works on or resolves Yes and close case nc OFFICER Forward to Sub County / Town Council GRC for action and cause GRC case (Within 7 days) Is case resolved? NO Forward to Village GRC e sitting (Immediate) Re Is case resolved? YES Provide feedback and close case sol VILLAGE GRC Village GRC sit to resolve case (Within 7 Days) Is case resolved? Forward to Sub uti NO County GRC on Sub County GRC sit Is case resolved? Provide feedback Pr SUB COUNTY to resolve case (Within 7 Days) YES and close case GRC oc Is case resolved? NO Forward to District GRC es District GRC sit to Is case resolved? Provide feedback s DISTRICT GRC resolve case (Within 7 Days) YES and close case Is case resolved? PAP is free to NO seek legal redress Register lodged PAP is notified COURTS OF LAW appeal Court hearing Final verdict Project is notified Figure 9-2: Grievance Resolution Process www.newplan.ug Resettlement Action Plan – February 2019 149 Ministry of Water and Environment 10. RELOCATION / RESETTLEMENT 10.1. Introduction This section describes aspects related to resettlement for physically displaced persons. World Bank Policy requires that wherever possible, the project should avoid or minimize the displacement of people by exploring alternative project designs. A total of 105 buildings used for residential purposes will be affected by the construction of Kabuyanda Irrigation Development and Climate Resilience Project. The design team considered 2 alternatives for the dam location as a way of minimizing project impact and optimizing project objectives and design alternative 1 which has fewer impacts on settlements was chosen. It is however, recommended further that the design team explores other alternatives for the main and secondary camps to further reduce on the impact of physical displacement. 10.2. Resettlement Options The residential buildings affected are majorly found along the main water pipes. Land acquisition took into consideration a 5m width for the main lines for permanent land take and 4 meters for the buffer zones. This is small strip of land and all affected households will be able to relocate their structures on the same piece of land by shifting it backwards (backward resettlement). The implication is that affected households will still maintain their social networks, there will not be social disarticulation and will still have access to other aspects that are currently a part of their life. 10.3. Relocation Schedule and Assistance Relocation will be implemented after compensation of the affected assets. A notice to vacate the premises shall be officially written to the respective PAPs clearly providing ample time i.e. 3-6 months to relocate as provided for in the national laws. Construction works shall commence after PAPs have been fully compensated and rebuilt their structures. PAPs interested to salvage their materials shall be given a chance to do so. The project will provide support to the households that will move their structures by constant monitoring of the construction activities of the activities to ensure that there do not meet any snags. www.newplan.ug Resettlement Action Plan – February 2019 150 Ministry of Water and Environment 10.4. Integration with Host Communities It is expected that all households with affected residential structures will remain on the same piece of land they are currently residing on and thus are not expected to have relocation and integration issues. 10.5. Moving Arrangements The PAPs shall be given enough time to vacate the land after receiving compensation. The Government of Uganda laws provide for 3-6 months depending on the disturbance allowance given. www.newplan.ug Resettlement Action Plan – February 2019 151 Ministry of Water and Environment 11. ORGANIZATIONAL ARRANGEMENTS 11.1. Introduction This chapter highlights the different actors that will be involved in land acquisition and resettlement activities, their roles and responsibilities, capacities and gaps and proposals to reinforce institution capacities. 11.2. Organizational Arrangements and Procedures for Delivery of Entitlements The RAP shall describe the process for organizational arrangements, responsibilities and roles. The RAP shall describe the approval processes for the various stages of the compensation work including the various actors and their roles and responsibilities. This section will also spell out the actual process for delivering the entitlement including the roles for the different agencies and reporting formats (assets inventories management, providing compensation, undertaking relocation work, responsibility for income restoration, supervision, management and monitoring the implementation of land acquisition and resettlement etc.). The consultant will analyze the institutional capacities, identify gaps and recommend an institutional strengthening strategy and/or formulation and training of resettlement units in the executing agencies. 11.3. Actors Involved A number of actors will be involved in the overall implementation of the resettlement and compensation aspects for this project, either by way of their mandate or because of the direct impact of the project on their areas of jurisdiction. These include: ▪ Ministry of Water and Environment, Water for Production Department (MWE-WFP); ▪ Ministry of Agriculture Animal Industry and Fisheries (MAAIF); ▪ The Ministry of Lands, Housing and Urban Development; ▪ Ministry of Gender Labour and Social Development (MGLSD); ▪ National Environment Management Authority (NEMA); ▪ Local Governments; ▪ Non-Governmental Organizations and Civil Society Organizations; ▪ Project Task Team; ▪ Grievance Resolution Committees; www.newplan.ug Resettlement Action Plan – February 2019 152 Ministry of Water and Environment ▪ Private Sector; ▪ Project Affected Persons (PAPs). 11.4. Procedures and Responsibilities MWE will be the overall implementing agency for this RAP. It will be responsible for the coordination of the different institutions and actors involved in the implementation activities. MWE may delegate the day to day running of the RAP activities and their implementation by procuring a Consultant firm. The Consultant firm will have the required skills, experience, adequate and relevant personnel to successfully support the implementation the RAP activities. In co-ordination with the MWE, the Consultant will directly work with the Local Government authorities, the Grievance Committees and the Project Affected Persons (PAPs) under the support of MWE. The Office of the Chief Government Valuer in the Ministry of Lands, Housing and Urban Development will be responsible for approving the valuation reports. Table 11-1 shows the different roles and responsibilities of the different actors in the planning and implementation of the RAP while figure 11.1 shows organisational organogram between the different entities. Table 11-1: Organisational Roles and Responsibilities of the Different Actors in Land Acquisition and Resettlement Ministry / Authority Roles & Responsibilities MWE will be the implementing agency of resettlement and compensation aspects of Ministry of Water and Kabuyanda Water Resources Project. It will implement the RAP through contracting Environment, Water the private sector and its personnel. Below are the roles and responsibilities of MWE: for Production Department (MWE- ● Overall implementation of the RAP; WFP) ● Coordination of all RAP related activities among the different stakeholders; ● Ensure that compensation and resettlement activities are consistent with Ugandan legislation and World Bank Social Safeguard policies; ● Review all project documentation and ensure they meet all legislative requirements and ensure safe custody of all information and documentation relevant to the RAP; ● Provision of necessary assistance to affected persons during the land acquistion and resettlement process and ensuring that vulnerable people are appropriately compensated; ● Appoint an agency for external monitoring of activities; ● Appoint a Consultant for preparing and implementing the RAP; ● Publish and disseminate information on the cut-off date; ● Participate in grievance resolution of raised complaints from the PAPs and other stakeholders; www.newplan.ug Resettlement Action Plan – February 2019 153 Ministry of Water and Environment ● Provide internal monitoring of the land acquisition and resettlement activities’ ● Review whether all categories of impacts are being adequately compensated for and all categories of affected persons can at least restore their standards of living after resettlement; ● Budget, allocate and disburse funds for land acquisition and resettlement; ● Provide regular updates to project stakeholders; ● Ministry of Agriculture ● Provision of advisory services to the livelihood enhancement programs and the Animal Industry and irrigation component of the project. Fisheries (MAAIF) ● Monitoring of livelihood restoration programs. The Ministry of Lands, ● The Ministry through the Chief Government Valuer (CGV) in liaison with Isingiro Housing and Urban District Land Board is responsible for providing approved updated compensation Development rates for use in the computation of compensation packages. ● The Office of the CGV has a responsibility to approve all valuations. ● Furthermore, the CGV’s office is also involved in resolving public complaints and disputes that arise from valuation for land acquisition and compensation payments. ● The Department of Lands in liaison with the District Land Board as well as the Surveys and Mapping Departments implements the registration and transfer of interests in land. Ministry of Gender ● Monitor to ensure that the rights of minorities including women, orphans and other Labour and Social vulnerable groups are prioritized or protected and also monitor issues related to Development livelihood. (MGLSD) National Environment ● Monitoring of compliance of all environmental issues including social impacts on Management Authority people that result from land acquisition. This will mainly be done through Isingiro (NEMA) District Environment Officers. Uganda Land ● The Uganda Land Commission (ULC) holds and manages land in Uganda vested in Commission (ULC) or acquired by the Government of Uganda. Leases on public land are granted by the ULC. When the Project has acquired the land for the development of project infrastructure, the land will be transferred to the ULC. www.newplan.ug Resettlement Action Plan – February 2019 154 Ministry of Water and Environment Office of the ● The Office of the Auditor General is vital in issuing legal documents such as Letters Administrator General of Administration, Guardianship Orders etc. which are sometimes necessary during Resettlement. The Local Government ● The primary responsibility of the Local Government (District and Sub County) will Authorities be to review the progress of the land acquisition and resettlement implementation and make decisions regarding actions to solve the problems and designate officers to carry out these actions. ● All districts have five levels of local councils (LCs) however, only 3 levels are active i.e. LC V, LC III and LC I. Local Councils are responsible for local policy matters, economic development, resolving local conflicts and providing orderly leadership. ● LC Is and LC IIIs interact directly with the affected population. These councils will thus be able to assist during the identification of rightful property owners, and resolving compensation grievances during the resettlement and compensation process. The District Land Board (DLB) will: ● Facilitate the registration and transfer of land ownership; ● Compile and maintain a list of compensation rates payable in respect of crops, buildings of a non-permanent nature and any other thing that may be prescribed. The District Land Office (DLO) will: ● Provide technical services to the DLB through its own staff to facilitate the Board in the performance of its functions. ● Will be key in processing residual titles for the affected persons. Area Land Committees (ALCs) will: ● Determine, verify and mark the boundaries of all interests in land that is subject to an application for certificate of customary ownership or in grant of freehold title. ● Assist the DLB in an advisory capacity on matters relating to land including ascertaining rights in land boundaries and disputes. Private Sector entities ● RAP preparation and implementation will entail involvement of private sector consultants for various planning and implementation activities, including the assessment and verification of assets, monitoring and evaluation of compensation and resettlement activities. www.newplan.ug Resettlement Action Plan – February 2019 155 Ministry of Water and Environment Grievance Resolution ● Participate in resolution of grievances related to land acquisition, compensation and Committees(GRCs) resettlement. ● Mediation between implementation agency and affected communities. ● Monitoring of land acquisition, compensation and resettlement activities. ● Mobilization of projected affected persons with grievances. ● Participation during the verification of PAPs and disclosure of entitlements. Project Affected ● Cooperation with and support to the project team. Persons (PAPs) ● Availability for the activities. ● Engage in project consultation forums. ● Participation in measurement and sign-off of assets. ● Participation in monitoring & evaluation of land acquisition and resettlement activities. Non-Governmental ● Monitoring of land acquisition and resettlement activities. Organizations and Civil Society Organizations ● Participation in the implementation of livelihood programs. ● Witnessing the land acquisition process. Project Task Team ● Monitoring of land acquisition and resettlement activities. www.newplan.ug Resettlement Action Plan – February 2019 156 Ministry of Water and Environment Figure 11-1:showing the different relationships between the different agencies. www.newplan.ug Resettlement Action Plan – February 2019 157 Ministry of Water and Environment 11.5. Institutional Capacities 11.5.1. Ministry of Water and Environment, Water for Production Department (MWE-WFP) The Water for Production department of the Ministry of Water and Environment directly oversees projects that are geared towards agriculture enhancement. It is therefore instrumental in guiding in relation to policy for operation and maintenance for sustainability. There exists a Safeguard Team at the Ministry of Water and Environment with 15 persons from the Department of Water for Production. These individuals are made up of Environmentalists, Sociologists, Surveyors, Agriculturists and Land use experts. Furthermore, the agency has substantial experience in undertaking RAP implementation activities gained through a number of water for production projects implemented in the past years. The WFP has decentralized its operations to regions, thus enhancing its capacity to handle activities in a more efficient and effective manner. It is in position to oversee the overall implementation of the RAP. 11.5.2. The Ministry of Lands, Housing and Urban Development The Chief Government Valuer (CGV) is central in the RAP implementation process at the Central Government level and is mandated to approve all valuations in the country for public interest. In addition, there are more than 100 districts in the country that need the services of the CGV’s office in relation to the approval of the compensation rates annually. The office of the CGV has the technical competency to participate, guide and regulate the valuation process. However, it is often constrained by the limited human and other resources such as office space and vehicles to facilitate inspection and verification of the valuation process before approval. This often affects timely approvals of the Valuation reports and any re-assessments that may be required during the implementation of the RAP. These delays tend to trigger rejections of the compensation packages by the affected people that generally result from economic inflations and or increase in the value of the initially assessed properties. In addition, other transactions such as new bank mortgages, change in ownership etc., which require additional administrative procedures often take place and lengthen the compensation process. There are also human resource capacity challenges within the Ministry of Lands, Housing and Urban Development (MLHUD), where search statements must be obtained prior to compensation of affected registered land, to prove ownership. Although the ministry has recently computerized land registration, the limited staffing and other resources such as office space, often delays the response to the requests to search statements. This leads to further delays in the land acquisition process. www.newplan.ug Resettlement Action Plan – February 2019 158 Ministry of Water and Environment 11.5.3. Office of the Administrator General The office of the Administrator General is also at the core in the compensation process. It is a common phenomenon that original owners of the properties are deceased and their estates are managed by other administrators. However, obtaining official letters of administration is a lengthy process, which is further delayed by limited personnel capacity in the office of the Administrator General and the court processes. The delays in processing and obtaining these documents before compensation often affect timelines in the land acquisition Process. 11.5.4. Other Ministries involved in the Execution of RAP Activities The situation of low capacities is experienced by several other ministries. There are normally no specific offices assigned the role of land acquisition and resettlement. The ministries therefore sometimes rely on the private sector for these services. As result, monitoring of the different aspects of the RAP becomes very minimal or almost non-existent from the relevant ministries. 11.5.5. The Local Government Authorities One of the main tasks of local governments is to provide annual compensation rates. However, due to factors such as lack of budgets, the compensation rates are normally not updated. This therefore delays the process of finalising the valuations. Like many other local government institutions, Isingiro District has limited capacity to update compensation rates annually. In such cases the use of rates for the neighbouring district as recommended by the CGVs Office is acceptable. In addition, there have not been many land acquisition projects to provide the relevant experience at both the district and sub county levels. 11.6. Institutional Capacity Reinforcement 11.6.1. National Ministries – Project Task Team A project task team of selected technical staff at national level from the relevant Ministries will be instituted to participate in the provision of the required services to Kabuyanda Water Resources Project. The chosen technical personnel will have knowledge in land management, economic development, land use planning, agricultural development, environmental protection etc. Capacity building and training of appointed staff will be necessary. The training will include but shall not be limited to the following: ▪ Clarity on roles and responsibilities; ▪ National legislation on land acquisition and resettlement; ▪ International Policies on land acquisition and resettlement; ▪ Monitoring and evaluation indicators; www.newplan.ug Resettlement Action Plan – February 2019 159 Ministry of Water and Environment ▪ Etc. The training will be in form of a workshop. In addition, there will be continuous knowledge transfer from the more experienced personnel to the less experienced personnel. 11.6.2. Local Governments Local governments will be more involved in the planning and implementation of land acquisition activities and will require more support in terms of training and physical facilitation. The contents of the training will be similar to the one suggested for the national task force. The RAP budget will include the training and support in terms of logistics to the local governments. Members of the Grievance Resolution Committee will also be included in the training. www.newplan.ug Resettlement Action Plan – February 2019 160 Ministry of Water and Environment 12. BUDGET AND FUNDING ARRANGEMENTS 12.1. Introduction This section presents an estimate of the costs for the compensation of the potential affected property. An update of the costs will be provided after the census update basing on the revised designs that will take into consideration avoidance or minimisation of the impact on structures. 12.2. ESTIMATED TOTAL COMPENSATION BUDGET Cash compensation for land developments is estimated at UGX 1,453,511,217 (USD 392,841) while the estimated RAP implementation budget is UGX 3,656,451,5834 (USD 988,230). Thus, the total is UGX 4,779,413,210 (USD 1,291,733). Table 12-1 shows a breakdown of the livelihood restoration budget. Table 12-1:Livelihood Restoration Budget Estimated Livelihood strategy cost Assumptions (USD) Land / Agricultural based livelihoods and support 1 training per sub county @ 5000USD (4 sub Provision of training in proper usage of irrigation infrastructure. 25,000 counties & 1 Town Council) Collaboration with the districts to intensify the provision of agricultural To be part of the local government planning extension services to the farmers. and relevant ministry Promotion of horticultural agriculture among the farmers through Part of the local government planning and training. part of the other trainings 8 trainings in a period of 1 year @ a cost of Promotion of agroforestry among the affected households and farmers USD 10,000 per training. Continuous in the area in general through basic training. 80,000 sensitization by local government Training in good agricultural practices and improved technology Procure a consultant to do the training over a including the use of modern technology to cultivate land more 120,000 period of 1 years efficiently, organic pesticides and integrated pest management. Provision of replacement ‘economic’ trees plus technical support in 50 economic trees/crops for about 1800 maintaining them until reaching full productive potential 50,000 families @ a cost of 2000 UGX per seedling Access to employment opportunities during project construction Part of contractor’s budget www.newplan.ug Resettlement Action Plan – February 2019 161 Ministry of Water and Environment Financial literacy and management training 1 training per sub county @ 5000USD 25,000 Sub Total 300,000 Mobilization costs 15,000 To cater for items such as printing of training Administrative costs (5%) 15,000 materials Monitoring costs (10%) 30,000 Contingency budget (20%) 60,000 Total 420,000 Table 12-2: RAP Implementation Budget Estimated Budget Item Assumptions (USD) Cash compensation for land and Cash compensation 690,634 developments (excluding NFA assets) Sub Total 1 690,634 This will mainly include training in different Livelihood Restoration 420,000 aspects as shown in Chapter 8. Assistance to vulnerable groups such as Additional monetary support for vulnerable opening for them bank accounts, 10,000 group if found necessary transition allowance and financial literacy Mobilization and sensitization by local 35,000 Assumption of 5,000$ for 7 sub counties government Grievance Resolution Engagements ( Assumption of 10,000 per Grievance GBV, compensation issues, child-labour, Committee (5 GRCs at SC level & 2 @ 70,000 Sexual harassment at the work place district level). The village level GRCs will among others. utilize the same budget. Relocation Assistance for 4 graves 800 Estimated at 200$ per grave for 4 graves 1 workshop for 5 sub counties @ USD5,000; 1 work for 2 districts @ Institutional capacity reinforcement 65,000 USD5,000; 1 workshop for relevant ministries @ USD 20,000 Sub Total 2 600,800 Sub Total 3 (1+2) 1,291,434 Inflation allowance 129,143 10% inflation Monitoring of resettlement activities (10% 129,143 of the resettlement budget) This will take care of any unforeseen Contingency (10% of resettlement budget 129,143 circumstances Sub Total 4 387,430 Total (3+4) 1,678,864 www.newplan.ug Resettlement Action Plan – February 2019 162 Ministry of Water and Environment Total (UGX) 6,211,796,858 Exchange Rate: 3700 12.3. SOURCES OF FUNDING The Government of Uganda under Ministry of Water and Environment will be responsible for the funding of the Resettlement activities. The government should ensure prompt and adequate provision plus efficient flow of funds for resettlement. It should further ensure that land acquisition and compensation are adequately funded and carried out in accordance with applicable laws, rules and guidelines. www.newplan.ug Resettlement Action Plan – February 2019 163 Ministry of Water and Environment 13. IMPLEMENTING SCHEDULE 13.1. Introduction This section presents the schedule for implementation of the RAP activities. 13.2. Time Schedule for RAP Implementation Table 13-1 shows the different compensation and resettlement activities, the timeframes in which they will be implemented and the responsible bodies and persons. The proposed duration of the RAP update is 8 calendar months including CGV’s approval. The RAP implementation is estimated at 16 calendar months. The Land Surveyor, Property Surveyor/Valuer, Social Development Officer/ RAP Specialist and a Legal Officer will be key in the implementation of the RAP activities. At least one of the staff should be female for purposes of gender sensitivity during this exercise. Table 13-1: RAP Implementation Activities Activity Responsibility RAP approval by Chief Government Valuer and funder CGV and MWE ▪ RAP disclosure & display of valuation lists MWE ▪ Verification of vulnerable PAPs by MWE MWE/ Consultant ▪ Procurement of RAP implementation consultant MWE ▪ Formation and mobilization of RAP unit & committees MWE/ Consultant Compensation payment & grievance management MWE/ consultant End of compensation payment period MWE/ Consultant Approval from funding agency to commence project Funder Notice to vacate compensated assets MWE/ consultant 3-month period allowed to vacate MWE/ consultant Implementing Agency Commencement of irrigation construction MWE Monitoring & evaluation MWE/ Consultant www.newplan.ug Resettlement Action Plan – February 2019 164 Ministry of Water and Environment 13.3. Time Schedule, Linking Resettlement Implementation to Civil Works The resettlement schedules will be coordinated with construction schedules. Before any project civil works activity is implemented, PAPs will have to be compensated in accordance with the Ugandan laws and regulations and World Bank resettlement guidelines. No individual or affected household will be displaced due to civil works activity before he/she has been compensated for his/her losses. In other words, the implementation of the RAP will have to be aligned with construction activities. The land acquisition and demolition of houses should be completed within the preparatory stage of the engineering construction and before the beginning of relevant engineering works. Projects Affected Households that will physically be displaced shall be given ample time to relocate to new areas. The Ugandan law provides for 3-6 months’ notice to PAPs after compensation to vacate the acquired land. The proposed schedule is thus expected to ensure that all PAPs, prior to their physical relocation, have; ● Been adequately consulted about the project, its impacts and compensation entitlements; ● Received compensation entitlements in a timely manner; and ● Been provided adequate time to relocate their property. Figure 13-1 below shows the layout of the RAP Implementation schedule. It also presents the linkage to the civil works/construction schedule. 13.4. Potential Risks to the Schedule and Proposed Mitigation Measures Table 13-2 shows some of the potential risks to the implementation schedule and proposed mitigation measures while Figure 13-1 shows the RAP implementation schedule which is proposed over a period of 1 year followed by 2 years of monitoring. The RAP implementation unit and local committees would be informed shortly after approval of RAP by CGV and funding entity. Compensation payments and resettlement assistance are expected to start at about the same time and extend over 12 months after which construction would commence. At this stage the Cut-off date which was communicated as 15th October 2018 is well indicated to the PAPs to avoid any further development for their project affected area. Table 13-2:Potential Risks to RAP Implementation Activities Potential risk Proposed mitigation measure Approval delays from approving bodies e.g. Implementing agency to be involved in the follow up of the office of the CGV. approvals together with the Consultant. Constant changes in design. Finalise changes in design communicate them as early as possible to the RAP consultant. Family wrangles in relation to asset ownership Urge affected persons to resolve family issues amicably before commencement of payments. MoUs will be signed with the families to allow access to land and their www.newplan.ug Resettlement Action Plan – February 2019 165 Ministry of Water and Environment compensation money deposited on an escrow account. Refusal of compensation packages by PAPs Provide adequate and fair values for affected property. Delays from the District Land offices and the MWE work with the implementing team and the district Ministry of Lands, Department of Surveys, authorities and the Survey Department to minimize the Entebbe. delays in the lands offices when processing the project title. www.newplan.ug Resettlement Action Plan – February 2019 166 Ministry of Water and Environment Month 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Activity RAP approval RAP approval by Chief Government Valuer and funder RAP disclosure & display of valuation lists Verification of vulnerable PAPs by MWE RAP implementation Procurement of RAP implementation consultant Formation and mobilization of RAP unit & committees Compensation payment & grievance management End of compensation payment period Approval from funding agency to commence project Notice to vacate compensated assets 3-month period allowed to vacate Commencement of irrigation construction Monitoring & evaluation www.newplan.ug Resettlement Action Plan – February 2019 167 Ministry of Water and Environment Figure 13-1 : RAP Implementation Schedule 14. MONITORING AND EVALUATION ARRANGEMENTS 14.1. Introduction This Chapter sets out requirements for the monitoring and evaluation of the implementation of the RAP in order to successfully complete the resettlement management as its implementation schedule and compliance with the resettlement regulations, policies and guidelines. The WB’s safeguard policy (OP 4.12) states that the project sponsor is responsible for adequate Monitoring and Evaluation of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. Monitoring activities include a review of the grievance and redress mechanism and of the physical progress and impact of the Resettlement Action Plan. 14.2. Objectives for Monitoring and Evaluation The main objective of monitoring is to provide the developer and funder with feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. Both qualitative and quantitative evaluations are made to ascertain whether the affected people have achieved at the minimum their pre-project standard of living. The Project Implementing Agency will establish a reporting system for the RAP that will: (i) Provide timely information to the project about all resettlement and compensation issues arising as a result of RAP related activities; (ii) Identify any grievances, especially those that have not yet been resolved at the local level and which may require resolution at a higher level; (iii) Document project resettlement and compensation activities that are still pending, including for all permanent and temporary losses; (iv) Evaluate whether all PAPs have been compensated in accordance with the requirements of this RAP; and (v) Identify mitigation measures, as necessary, when there are significant changes in the indicators that may require strategic interventions (e.g. vulnerable groups are not receiving sufficient support from the project, etc.). 14.3. Monitoring and Evaluation Plan www.newplan.ug Resettlement Action Plan – February 2019 168 Ministry of Water and Environment The RAP implementing team will develop and implement a Monitoring and Evaluation Plan (MEP). The main indicators that the MEP will measure include impacts on affected individuals, households, and communities to be maintained at their pre-project standard of living, and better; improvement of communities affected by the project; management of disputes or conflicts etc. Table 14-1 shows a sample of the Monitoring and Evaluation Plan. www.newplan.ug Resettlement Action Plan – February 2019 169 Ministry of Water and Environment Table 14-1: Sample Monitoring and Evaluation Plan Activity Indicator Data Responsib Timefra Outcome Evaluation of Responsib Source ility me / / Output Impacts ility frequenc Indicators y of reportin g Sensitizati -Number Minutes of Implementi Monthly Sensitized on of of the ng agency PAPs PAPs meetings meetings or with a including held with representa proper the the PAPs tive understan vulnerabl -Number ding of e groups, of PAPs the women who principles men and turned used to Mobilizati up for calculate on for the the Disclosur meeting entitleme e of nts. entitleme nts Set up of -Number. -Grievanc Implementi 1 month Instituted the of e set up ng agency after start Grievance Grievance Grievanc report or of Resolutio Resolutio e -Training representa impleme n n Resolutio reports tive nting Committe Committe n activities e with es Committ knowledg ees set up e of their -Trained roles & Grievanc responsibi e lities Resolutio n Committ ee Agreement -Number. -Number. Implementi Monthly PAPs -Changes (+/-) Independen of of PAPs of ng agency consented in affected t party entitleme who have Compens or to the households nts agreed to ation representa entitleme income levels www.newplan.ug Resettlement Action Plan – February 2019 170 Ministry of Water and Environment entitleme agreemen tive nts -Improved nts. t / standards of consent living forms -Equal or -Progress improved reports production per affected household/ho mestead Compensa Number. Compensati Implementi Monthly Compensat -Changes (+/-) Independen tion of PAPs on ng agency ed PAPs in affected t party Payments who payment or households received reports representa income levels cash tive -Improved compensa standards of tion living -No. of -Equal or PAPs improved who production per received affected in-kind household compens ation -No. of PAPs who have not received compens ation -No. PAPs who received relocatio n assistance Grievance Number of Grievance Implementi Monthly, Resolved Resolutio grievances Resolution ng agency Quarterly grievances n received Report / or Number. Grievance representa of Log tive www.newplan.ug Resettlement Action Plan – February 2019 171 Ministry of Water and Environment grievances resolved Livelihood -Number -Changes (+/-) Independen restoratio of in affected t party n livelihoo households’ d income levels programs -Improved impleme standards of nted living -Number -Equal or of improved livelihoo production per d affected restoratio household/ho n mestead programs complete d -Number of PAPs receiving livelihoo d restoratio n programs www.newplan.ug Resettlement Action Plan – February 2019 172 Ministry of Water and Environment 14.4. Internal Monitoring Internal monitoring of RAP implementation will be undertaken by the implementing team with the implementing agency as the overall overseer. This will be done hand in hand with some of the District, Sub County and Town Council staff, the village leaders and the PAPs representatives as far as possible. The role of the implementing agency is mainly to carry out the following:  Verify the re-inventory of baseline information of all PAPs (whether it has been carried out and that the valuation of assets lost or damaged), ii)  Provision of compensation and other entitlements, and relocation have been carried out in accordance with the WB Guidelines and other applicable Ugandan laws,  Ensure that the RAP is implemented as designed and planned,  Record all grievances, especially their nature, and corresponding resolution, and ensure that complaints are handled in a prompt manner. Internal monitoring will be carried at regular intervals i.e. monthly, quarterly, etc. Monthly progress reports will be prepared by the RAP implementing team and submitted to MWE’s Project Implementing /Management Unit, relevant stakeholders and project funders. The internal monitoring will look at inputs, processes, and outcomes of compensation/resettlement/other impact mitigation measures. Internal Monitoring indicators will include but not be limited to the following: a) Personnel, Equipment and Supplies ▪ Number of personnel to carry out the different resettlement activities and their qualifications; ▪ Type of equipment and quantities for the resettlement activities. b) Methods and Strategies to carry out the RAP Implementation Activities ▪ Methodology and strategies for implementing RAP activities; ▪ Documented lessons learnt and recommendations to strengthen the design and implementation of the RAP. c) Fund Disbursement ▪ Number of PAPs affected by the project; ▪ Compensation paid and timelines; ▪ Number of PAPs who have not received compensation; ▪ Timing of compensation in relation to commencement of physical works. d) Grievance Resolution www.newplan.ug Resettlement Action Plan – February 2019 173 Ministry of Water and Environment ▪ Grievance redress mechanisms in place and functioning; ▪ Number of people raising grievances in relation to the project; ▪ Number of unresolved/resolved grievances; ▪ Number of PAPs who have resorted to courts of law. e) Public Participation ▪ Participation of local government staff and community in the resettlement process; and ▪ Number of public meetings held. The implementing team will review these statistics to determine whether the RAP implementation arrangements, as defined in the RAP, are effective in addressing RAP related issues. Financial records will be maintained by the implementing agency to determine the final cost of RAP implementation. 14.5. External Monitoring and Evaluation External monitoring will be undertaken by an independent agency or Consultant appointed by the implementing agency and the funders. These will have extensive experience in social surveys and resettlement monitoring. The external monitoring will also verify the reports from the internal monitoring. External monitoring activities will entail the following: ▪ Periodic evaluation of implementation progress; and ▪ Completion audit. The team will at a minimum annually conduct independent monitoring to assess the Project outcomes as envisaged in the RAP and engage with PAPs in this regard to verify that the Project is implemented in accordance with the measures outlined in the RAP. The independent monitoring will be done for the duration of the RAP implementation. 14.6. RAP Completion Audit The completion audit of the RAP implementation shall include: (i) Summary of RAP performance; (ii) Compliance review of RAP implementation process; and (iii) Report on the quality of RAP implementation in terms of application of guidelines as provided in the RAP. The audit will verify results of monitoring of RAP implementation indicators, and assess whether the project achieved the resettlement objectives. The audit will also assess the efficiency, effectiveness, impact, and sustainability of RAP activities. The aim is to learn lessons for application on future projects or other projects in the sector and in the country. Finally, the audit will ascertain whether the resettlement entitlements were appropriate. A completion audit report will be submitted to the funding agency and other relevant stakeholders. www.newplan.ug Resettlement Action Plan – February 2019 174 Ministry of Water and Environment To be effective, the completion audit will take place after all RAP activities have been completed but before the completion of financial commitments to the Programme. This will allow for flexibility to undertake any corrective action that the auditors may recommend before the project is completed. An independent party shall be procured by the project sponsors to undertake the completion audit. 14.7. Reporting Performance monitoring reports shall be prepared by the implementing team at regular intervals (monthly, quarterly, semi-annually and annually) beginning with the commencement of any activities related to resettlement. These will be submitted to the Project Implementing Unit and shared with relevant stakeholders and the funders. www.newplan.ug Resettlement Action Plan – February 2019 175 Ministry of Water and Environment APPENDICES A. ATTENDANCE LISTS www.newplan.ug Resettlement Action Plan – February 2019 176 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 177 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 178 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 179 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 180 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 181 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 182 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 183 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 184 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 185 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 186 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 187 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 188 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 189 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 190 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 191 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 192 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 193 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 194 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 195 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 196 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 197 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 198 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 199 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 200 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 201 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 202 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 203 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 204 Ministry of Water and Environment There were also some vulnerable groups that www.newplan.ug Resettlement Action Plan – February 2019 205 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 206 Ministry of Water and Environment B. MINUTES OF STAKEHOLDER ENGAGEMENTS MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Venue Chief Administrative Officer’s office Date 3rd November 2017 Time 10:00:00hrs ATTENDANCE NAME DESIGNATION Donata Eswilu Chief Administrative Officer (CAO) Francis Rwezahara Water Officer Patrick Tumwesigye District Agricultural Officer Benson Rweogosha Bashaga APO, Kagera Francois Xavier Ndekezi Project Manager, Kagera Boaz Niwamanya EIA /DFPP Prof. John Okedi Team Leader Moses Dakasi Sociologist Jerome K. Mugondi Flora Ecologist Emmanuel Bwenge District Natural Resource Officer www.newplan.ug Resettlement Action Plan – February 2019 207 Ministry of Water and Environment Min No 1 Mr. Eswilu Donata, ushered in the Consultants and Kagera River Basin Management officials to his office. Min No 2 Mr. Niwamanya Boaz, the District Focal Point Person informed the Chief Administrative Officer and colleagues that team before them were officials from Kagera River Basin Management Project (Nile Basin Initiative /NELSAP) and the Consultants from NEWPLAN Limited. He informed them that their purpose of visit was to consult the local leaders and members of the community and to familiarize themselves with the project. Thereafter, the Consultants and Kagera River Basin Management officials introduced themselves. Min No 3 Ndekezi Francois Xavier, informed the meeting that the purpose of the visit was to introduce the consultants. He informed the officials that Kagera River Basin contracted NEWPLAN Limited to finalize the Environmental Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) studies for the proposed Kabuyanda Water Resources Development Project. He described the different project components. He informed the officials that the consultants has five months to undertake and complete the assignment. He also informed the officials of the plan workshop in November 2017. Min No 4 Presentation of the project by Prof. Okedi John He described the purpose for the visit of Kabuyanda. He said there was a team of consultants which include the experts on social issues, plants and vegetation, wild animals, soils, hydrology, animals, fish and water quality, birds, insects, socioeconomic, pests and aquatic animals. The consultant team will stay on the site to carry out baseline studies. He emphasized that the project would benefit the local communities and therefore there was need for the communities to be properly informed and to get involved in all activities of the project from inception to the implementation. During the baseline studies the consultant would be working 24 hrs a day. www.newplan.ug Resettlement Action Plan – February 2019 208 Ministry of Water and Environment There would therefore need security and guides to help them more particularly at night, the consultants would need local coordinator to assist in setting up community consultation in the project area. He informed the CAO that they would be stakeholder workshop to discuss the interim in planned for the first of December 2017 Min No 5 Issues raised by the Chief Administrative Officer (CAO) The CAO wanted all the district heads of department’s including environmental officer, District Community Development Officer, natural resources officer, production and marketing officer, water officer, agriculture officer, fisheries officer, to be involved in all activities. He advised land issues to be addressed in the studies including compensation. He also said the study should be holistic and involve all stakeholders. The project should be implemented quickly to avoid speculators. He recommended the need for adequate planning and sensitization of communities. www.newplan.ug Resettlement Action Plan – February 2019 209 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Venue Natural Resource office Date 3rd November 2017 Time 11:00hrs ATTENDANCE NAME DESIGNATION Abdu Kamoga Environmental Officer Ayorekire Fredere District Forest Officer Patrick Tumwesigye District Agricultural Officer Benson Rweogosha Bashaga APO, Kagera Francois Xavier Ndekezi Project Manager, Kagera Maj. Topher Agaba Operation Wealth Creation Prof. John Okedi Team Leader Moses Dakasi Sociologist Jerome K. Mugondi Flora Ecologist Herbert Muhangi Residential District Commissioner www.newplan.ug Resettlement Action Plan – February 2019 210 Ministry of Water and Environment Min No 1 Mr. Niwamanya Boaz, the District Focal Point Person informed his colleagues that team before them were officials from Kagera River Basin Management Project (Nile Basin Initiative /NELSAP) and the Consultants from NEWPLAN Limited. He informed them that their purpose of visit was to consult the local leaders and members of the community and to familiarize themselves with the project. Min No 2 Ndekezi Francois Xavier, informed the meeting that the purpose of the visit was to introduce the consultants. He informed the officials that Kagera River Basin contracted NEWPLAN Limited to finalize the Environmental Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) studies for the proposed Kabuyanda Water Resources Development Project. He described the different project components. He informed the officials that the consultants have five months to undertake and complete the assignment. He also informed the officials of the plan workshop in November 2017. Min No 3 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officiaals were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. Min No 4 Issues raised by District Natural Resource Officer and District Environment Officer www.newplan.ug Resettlement Action Plan – February 2019 211 Ministry of Water and Environment Mr. Ayorekire requested the NEWPLAN Limited and Kagera River Basin to share with them the Interim report with different heads of departments in the District to enable them study the document in preparation for the planned workshop in December 2017. There was degradation in the project area The project should ensure issues of conservation of the ecosystem of the project area He decried heavy loss of soil fertility and therefore the need to have a good conservation plan He requested the consultant to develop an agroforestry plan for the project area. He advised to have green belt in the project area He recommended zoning of the area to have green belts where agriculture activities would be restricted. He requested viable alternatives programs for example in fruit tree agriculture. www.newplan.ug Resettlement Action Plan – February 2019 212 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Venue Residential District Commissioner’s office Date 3rd November 2017 Time 13:00hrs ATTENDANCE NAME DESIGNATION Muhangi Herbert Residential District Commissioner (RDC) Benson Rweogosha Bashaga APO, Kagera Francois Xavier Ndekezi Project Manager, Kagera Maj. Topher Agaba Operation Wealth Creation Prof. John Okedi Team Leader Moses Dakasi Sociologist Jerome K. Mugondi Flora Ecologist www.newplan.ug Resettlement Action Plan – February 2019 213 Ministry of Water and Environment Min No 1 Mr. Niwamanya Boaz, the District Focal Point Person informed his colleagues that team before them were officials from Kagera River Basin Management Project (Nile Basin Initiative /NELSAP) and the Consultants from NEWPLAN Limited. He informed them that their purpose of visit was to consult the local leaders and members of the community and to familiarize themselves with the project. Min No 2 Ndekezi Francois Xavier, informed the meeting that the purpose of the visit was to introduce the consultants. He informed the officials that Kagera River Basin contracted NEWPLAN Limited to finalize the Environmental Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) studies for the proposed Kabuyanda Water Resources Development Project. He described the different project components. He informed the officials that the consultants has five months to undertake and complete the assignment. He also informed the officials of the plan workshop in November 2017. Min No 3 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officiaals were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. Min No 4 Mr. Muhangi Herbert pledged full support to the project. He pledged to provide security to the teams and personnel likely to work at night. Min No 5 The RDC asked the consultants to fully involve the local leaders and the community of Kabuyanda Town Council and Kabuyanda Sub County in all project activities. Min No 6 The RDC also assured the consultant that the people of Kabuyanda are friendly and they won’t reject the project. www.newplan.ug Resettlement Action Plan – February 2019 214 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 215 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Town Council Venue Kabuyanda Town Council Headquarters Date 3rd November 2017 Time 15:00hrs ATTENDANCE NAME DESIGNATION Francois Xavier Ndekezi Project Manager, Kagera Benson Rweogosha Bashaga APO, Kagera Prof. John Okedi Team Leader Moses Dakasi Sociologist Jerome K. Mugondi Flora Ecologist Hope Bwogi Lady Councilor LC III Gedion Byaruhanga LC II Chairman Naboth Oyesigye Abert Mugisha LC I Chairman George Niwamanya Vicent Masiko For Town Clerk God Habaasa Mutesigesi F Ainamani Banabasi Arinaitwe Geofrey Muhanguzi N. Gerald ASP Bakundine Ronald Officer in Charge, Kabuyanda Nzabakwikiza B LC I Chairman, Kabuyanda Anyijukire Onesmas LC III Chairperson Julius Rwabujere Gombolola Internal Security Officer (GISO) Rumanyika Joseph Speaker Asiima Meron Vice Chairperson LC III Byasigara John Person With Disability www.newplan.ug Resettlement Action Plan – February 2019 216 Ministry of Water and Environment Atuhaire Emmanuel Councilor Mbabazi Emmy Chairperson LC II Ndumu Yosia Tibimpama Chairman LC I Tushabe Gauda District Councilor Nkurungiza Benon Opinion Leader www.newplan.ug Resettlement Action Plan – February 2019 217 Ministry of Water and Environment Min No 1 Mr. Niwamanya Boaz, the District Focal Point Person informed his colleagues that team before them were officials from Kagera River Basin Management Project (Nile Basin Initiative /NELSAP) and the Consultants from NEWPLAN Limited. He informed them that their purpose of visit was to consult the local leaders and members of the community and to familiarize themselves with the project. Min No 2 Ndekezi Francois Xavier, informed the meeting that the purpose of the visit was to introduce the consultants. He informed the officials that Kagera River Basin contracted NEWPLAN Limited to finalize the Environmental Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) studies for the proposed Kabuyanda Water Resources Development Project. He described the different project components. He informed the officials that the consultants has five months to undertake and complete the assignment. He also informed the officials of the plan workshop in November 2017. Min No 3 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officiaals were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. Issues Raised /Concerns Issues Raised /Concerns Responses The leaders pledged full support to the project. They promised the consultant to assist in the mobilization of the likely project beneficiaries. The leaders also pledged to provide security to the team that was working at night. www.newplan.ug Resettlement Action Plan – February 2019 218 Ministry of Water and Environment The leaders were concerned that the project should The project will consider the local benefit the people of Kabuyanda through provision of people for the available employment employment opportunities. opportunities The local authorities informed the consultant that there is misconception of the project by the local population that gold was being mined in the project area. The leaders advised the consultant to adequately sensitize the population. www.newplan.ug Resettlement Action Plan – February 2019 219 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Sub County Venue St. James Kigabagaba Church of Uganda Date 3rd November 2017 Time 17:00hrs ATTENDANCE NAME DESIGNATION Prof. John Okedi Team Leader Moses Dakasi Sociologist Jerome K. Mugondi Flora Ecologist Arinaitwe Silver Community Development Officer Mutaremusha Justus OC CID, Kabuyanda Gunobire Tadeo Kahimbise Jack Ndyomugyennyi John Councilor Kyomukama Sam Councilor Murangira Nkwase Francis Lay Leader Annet Nkwase Tibwabwine B Councilor LC III More Zoro Publicity Nkwase Loice Lay Leader Kakwenza J Elder Julius Rwabujere Gombolola Internal Security Officer Akankwasa G.W Sub CountynChief Kedress Ategyereize Vice Chairperson LC III Akankwasa Hope C.M Odeta Siyajavi Councilor www.newplan.ug Resettlement Action Plan – February 2019 220 Ministry of Water and Environment Min No 1 Mr. Niwamanya Boaz, the District Focal Point Person informed his colleagues that team before them were officials from Kagera River Basin Management Project (Nile Basin Initiative/ NELSAP) and the Consultants from NEWPLAN Limited. He informed them that their purpose of visit was to consult the local leaders and members of the community and to familiarize themselves with the project. Min No 2 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area www.newplan.ug Resettlement Action Plan – February 2019 221 Ministry of Water and Environment for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUE/CONCERN RAISED RESPONSE The local leaders informed the consultant that project The local authorities were informed that area floods and about three people were killed by the the dam will help will controlling floods. floods. The local leaders were afraid that the water will be diverted to peoples’ gardens and as a result the people will deny the developer access to the project site. The local authorities informed the consultant that sometimes the water from the river and streams turns yellow in color which makes it difficult for the farmers to irrigate their crops. The local leaders also informed the consultant that the people in the area are experiencing famine due to severe drought. The consultant was informed that there is forest reserve in the project area. www.newplan.ug Resettlement Action Plan – February 2019 222 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Sub County Village Kisyoro Venue Kisyoro Church of Uganda Date 4th November 2017 Time 15:00hrs Attendance list attached Min No 1 The meeting commenced with a prayer and thereafter self-introductions of all the members present. Min No 2 The chairman local council one welcomed the consultant and the people present for the meeting. The chairman asked the people to embrace the project since the project is meant benefit the people of Kabuyanda. Min No 3 The speaker pledged full support to the project. He also asked the people to support the project since they are the direct beneficiaries. The speaker informed the consultants that the community has been expecting the project to commence some time ago. Min No 4 The GISO pledged to provide security to the consultants while conducting various activities in the project area. Min No 5 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including www.newplan.ug Resettlement Action Plan – February 2019 223 Ministry of Water and Environment an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUES RAISED /CONCERNS RESPONSES Will the project compensate people for the Properties that will be damaged during project crops that will be damaged during the construction will be valued and paid construction? Will the people pay for the water? The people intending to use the water for different purposes will pay for it. Will the youth benefit from the project? The youth will benefit from the project by using water for irrigation, use water for domestic use, and directly be employed in the project. There being no any other business to discuss the meeting was closed by prayer. www.newplan.ug Resettlement Action Plan – February 2019 224 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Town Council Village Iryango Venue Local Council one residence Date 4th November 2017 Time 17:00hrs Attendance list attached Min No 1 The meeting was opened with a prayer led by the area reverend. Min No 2 The chairman local council one welcomed the consultant and the people present for the meeting. The chairman asked people to pay attention and ask questions thereafter. Min No 3 The area councilor welcomed the consultants and the people. He informed the community that the project will benefit the people of Kabuyanda mainly through the use of water for irrigation. The councilor also asked the people to support the project. Min No 4 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire www.newplan.ug Resettlement Action Plan – February 2019 225 Ministry of Water and Environment project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUES RAISED /CONCERNS RESPONSE Supposing the farm is about 400m away from Water points will be provided by the project to the main pipe that supplies water to the area. enable the farmers’ access water to their gardens Who will meet the cost of extending water to thus the farmers will pay for the cost of the farm? extending water to their gardens and households. The community asked the developer to inform the community when they should apply for the jobs. He is grateful for this project. How will all the The community will benefit from the project people benefit from this project? through using water for irrigation and employment opportunities. Will the community pay for the water? The community will be pay for the cost of the water. Will the project compensate people for the affected land where the water pipes will be laid? Is the World Bank funding for the The World Bank is funding for the construction construction of the project? of the project. Professor Okedi closed the meeting by thanking people for coming to the meeting, listening and waiting patiently. www.newplan.ug Resettlement Action Plan – February 2019 226 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Sub County Village Kagoto Venue Kagoto Church of Uganda Date 5th November 2017 Time 13:00 hrs Attendance list attached Min No 1 The meeting was opened with a prayer led by the area reverend. Min No 2 The chairman local council one welcomed the consultant and the people present for the meeting. The chairman asked people to pay attention and ask questions thereafter. Min No 3 The area councilor welcomed the consultants and the people. He informed the community that the project will benefit the people of Kabuyanda mainly through the use of water for irrigation. The councilor also asked the people to support the project. Min No 4 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire www.newplan.ug Resettlement Action Plan – February 2019 227 Ministry of Water and Environment project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUES RAISED RESPONSES Items to be compensated include; land, structures What are some of the items the project will both temporary and permanent, perennial crops be compensating? and trees, graves, and shrines. Do you assess gardens that will be affected? Gardens will be assessed if affected by the project. We shall request the owners of such properties to What will happen to structures that will be report such cases and thereafter such properties damaged as a result vibration from the shall be inspected to establish the magnitude of machinery? the damage. Will the project compensate PAPs who are The relatives of the deceased will be compensated in possession of land titles for their deceases if provide proof such as death certificate and relatively? Letters of Administration. This road will have a carriage way and a road Will the new road have a road reserve? reserve. What will happen to public utilities like Public utilities that will be affected by the road will electricity poles that will be affected by the be transferred to the road reserve. road? What will happen to the boreholes that will Water sources that will be affected by the road be affected? project will be replaced. www.newplan.ug Resettlement Action Plan – February 2019 228 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Sub County Village Kagoto Venue Kagoto Church of Uganda Date 5th November 2017 Time 13:00 hrs Attendance list attached Min No 1 The meeting was opened with a prayer led by the area reverend. Min No 2 The chairman local council one welcomed the consultant and the people present for the meeting. The chairman asked people to pay attention and ask questions thereafter. Min No 3 The area councilor welcomed the consultants and the people. He informed the community that the project will benefit the people of Kabuyanda mainly through the use of water for irrigation. The councilor also asked the people to support the project. Min No 4 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. www.newplan.ug Resettlement Action Plan – February 2019 229 Ministry of Water and Environment The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUES RAISED RESPONSES Will the project compensate people without People with or without land titles will be land titles? compensated by the project. How much time will the project give people The developer will communicate but usually the period timeframe is between 3-6 months. affected to relocate from the affected areas? When shall we be compensated, before or PAPs are usually compensated before after construction? construction activities commence. The project will compensate for the land but the Will project compensate us for the land on bricks will noted be compensated as the bricks which grow crops and rear animals can be shifted away from the affected place. How will the project compensate people PAPs without bank accounts will be encouraged without bank accounts? to open with the banks of their choice. Will the project compensate me for the bare PAPs with bare land will be paid for the land. land? What will happen to PAPs who are living We expect such PAPs to come and receive his or outside the country and will not be present her compensation in person or unless they grant during compensation exercise? powers of attorney to their trusted relatives. Will the project compensate affected Institutions that will be affected by the project institutions? will be compensated. www.newplan.ug Resettlement Action Plan – February 2019 230 Ministry of Water and Environment MINUTES OF STAKEHOLDER ENGAGEMENTS District Isingiro District Local Government Sub County /Town Council Kabuyanda Sub County Village Kabuyanda Town Council Community Venue Kabuyanda Trading Centre Date 5th November 2017 Time 13:00 hrs Attendance list attached Min No 1 The meeting was opened with a prayer led by the area reverend. Min No 2 The chairman local council one welcomed the consultant and the people present for the meeting. The chairman asked people to pay attention and ask questions thereafter. Min No 3 The area councilor welcomed the consultants and the people. He informed the community that the project will benefit the people of Kabuyanda mainly through the use of water for irrigation. The councilor also asked the people to support the project. Min No 4 Prof. Okedi John informed the officials that we were an advanced team. He informed the officials that the team will be looking at the baselines conditions of the project area. He also informed the meeting that the consultant will produce an ESIA and RAP report including an Environmental Social Management Plan and it will be the responsibility of the District to implement the ESMP to protect the environment and ecosystem and to ensure the dam does not burst. He also informed the meeting that the consultant has six months to produce the final ESIA and RAP report. He informed the meeting that the beneficiary of this project is the Government of Uganda (GoU) and is funded by the World Bank. He informed the meeting that the project area is composed of two sections, upstream area (dam) and the downstream area which is a command area for irrigation. Furthermore, he informed the officials that the consultants will traverse the entire www.newplan.ug Resettlement Action Plan – February 2019 231 Ministry of Water and Environment project area such as the valley area, hills of Kabuyanda, and the forest area. He also informed the meeting that studies will be conducted during the day and night. He informed the meeting that it is a requirement by World Bank to conduct an ESIA study for the projects of this nature. The officials were informed that the project will provide electricity, water for domestic use and water for irrigation mainly to the residents Kabuyanda. The officials were informed that when the dam is constructed, it will help in controlling floods. The officials were informed that NELSAP will organize a workshop in December 2017 whereby the consultant will present the key findings on the social and environmental aspects. ISSUES RAISED RESPONSES Will the project compensate people without People with or without land titles will be land titles? compensated by the project. When shall we be compensated, before or PAPs are usually compensated before construction after construction? activities commence. The project will compensate for the land but the Will project compensate us for the land on bricks will noted be compensated as the bricks can which we make bricks? be shifted away from the affected place. How will the project compensate people PAPs without bank accounts will be encouraged to without bank accounts? open with the banks of their choice. Will the project compensate me for the bare PAPs with bare land will be paid for the land. land? What will happen to PAPs who are living We expect such PAPs to come and receive his or outside the country and will not be present her compensation in person or unless they grant during compensation exercise? powers of attorney to their trusted relatives. Will the project compensate affected Institutions affected by the project will be institutions? compensated. www.newplan.ug Resettlement Action Plan – February 2019 232 Ministry of Water and Environment Interview with the Farm Manager Kaiho Farm School Leavers Cooperative Society What is the name of this Kaiho Farm School Leavers Cooperative Society cooperative society? Date consulted 7th November 2017 Farm Manager Turyahebwa Sylivano The cooperative society had 30 members but currently there are 26 Number of member active members. The cooperative society was established by father Ampey from When was the cooperative Britain in 1968. Fr. Ampey was a priest at Kaiho Catholic Church. society established? The cooperative society was established to support students who completed primary and secondary education and the needy. Kaiho Farm School Leavers Cooperative Society are farmers and they group crops such as maize, beans, ground nuts, sorghum, Irish What activities is this potatoes, cow peas, cassava, bananas and fruits such as passion cooperative society involved fruits and vegetables such as cabbages and onions. in? The cooperative also practiced dairy farming at the early of the cooperative. The cooperative owns 75 hectares of land. The 26 hectares of land Size of land owned by the is utilized by the 26 active members while 40 hectares of land is cooperative society hired / rented out to the member of the public and the remaining 9 hectares is comprised of swamp/wetland. The cooperative society collects money from the tenants of which the money is used to run activities of the organization such pay the employees of the organization. Achievement / benefits The cooperative society members earn dividends from the proceeds collected. The cooperative society members have benefited through utilization of the cooperative land (26 hectares) for crop farming. How many tones do you The cooperative society does not have such data. harvest per season Do you have market for food Initially the harvests used to be sold to the cooperative society. crops that cooperative society Currently, harvests are sold to the local business men and some is produces? used for home consumption. The Tanzanian invasion of Uganda crippled the cooperative society thus cooperative society lost property such as the machinery like tractors. What are challenges faced by The cooperative society machinery like tractors, watering cans, the cooperative society? wheel barrows, spray equipment and chemicals. The cooperative lack water for irrigation. Severe drought has affected in the last 2 years has affected their www.newplan.ug Resettlement Action Plan – February 2019 233 Ministry of Water and Environment output. Thieves who steal mainly bananas while in the gardens The cooperative society lacks access roads in the various parts of the farms thus farmers find it difficult to transport their produce from the farm to their homes and the market. The cooperative society is highly expectatant of the water for irrigation. What are your expectations The cooperative society expects safe and clean water for domestic from the Kabuyanda Water use. Resources Project? The cooperative society expect water to start a fish farm in the 9 hectare swamp / wetland. Crops will be damaged during the laying of the water pipes at What are your fears from the construction phase Kabuyanda Water Resources Project will displace some households especially those households Project? where the water pipes will pass through. www.newplan.ug Resettlement Action Plan – February 2019 234 Ministry of Water and Environment Interview with the Manager Kigarama Commodity Marketing Cooperative Society Limited What is the name of this Kigarama Commodity Marketing Cooperative Society Limited cooperative society? Date consulted 7th November 2017 Manager Arinaitwe Innocent The cooperative society has 140 members organized under 18 groups. The cooperative society works with about 1500 farmers in 4 Number of member sub counties of Kabuyanda Town Council, Kabuyanda, Ruborogota and Kikagati sub counties. When was the cooperative society established? Extends credit in form of loan to the farmers Provides improve seeds to the farmers What activities is this Advisory and education to the farmers cooperative society involved Stocks farmers harvests bulk mainly beans and maize in? Looks for market for the farmers produce They also deal in other items like bananas, potatoes etc. Achievement / benefits How many tones of produce do you stock? The cooperative has 3 types of markets i.e. international market with Do you have market for Rwanda and Kenya, Local market supply schools and farmers and food crops that cooperative Non-Governmental Organizations looking nutritional component society produces? like World Vision and Harvest Plus. What are challenges faced Poor weather that contributed to drought thus affecting their output by the cooperative society? for the last 2 years. Farmers have been encouraged to plan trees especially on the bare What solutions have you hills. provided to the farmers? Farmers have been encouraged to plan drought resistant crops What are your expectations Irrigation. Cooperative society will encourage the farmers to adopt from the Kabuyanda Water /take up the scheme Resources Project? What are your fears from Floods as a result of the breakdown of the dam the Kabuyanda Water Emergency of new pests and diseases as a result of the dam. Resources Project? www.newplan.ug Resettlement Action Plan – February 2019 235 Ministry of Water and Environment Interview with the Manager Kabuyanda Dairy Cooperative Society Limited What is the name of this Kabuyanda Dairy Cooperative Society Limited cooperative society? Date consulted 7th November 2017 Manager Biryomumaisho Elias Cooperative society has 123 registered members but have 90 active Number of member members The cooperative society was established to increase milk production so that the people in the area can benefit. What was the purpose of Cooperative society was established with the aim of changing and establishing this cooperative keeping animals that are productive. society? Cooperative society provides the members with improved animals. Provide market for the milk produced by the members Where do you sell the milk The main market for the milk is for the residents of Kabuyanda that you stock? Town Council and the neighboring communities. How many liters of milk does The cooperative society stocks about 350 and 10,500 liters of milk the cooperative stock on daily on daily and monthly basis respectively. /monthly basis? Lack adequate water to enable the cooperative clean their tanks / machines Lack electricity to enable the machines to run. The cooperative What are challenges faced by currently uses solar. the cooperative society? The cooperative has not yet paid back the loan that was used to purchase the coolant The members of the society face shortage of water for the animals. What are your fears from the Kabuyanda Water Resources Floods in case the dam collapses Project? www.newplan.ug Resettlement Action Plan – February 2019 236 Ministry of Water and Environment A group photo with the staff of Kabuyanda Dairy Cooperative Society Limited Interview with Assistant in Charge of Kabuyanda Health Center IV Name of Personnel Mr. Alex Katagira, Assistant in Charge, Kabuyanda Health Center IV Date consulted 7th November 2017 Health center has 49 health workers and these include: 3 medical Doctors 2 Counselors 8 Nurses 2 data Clerks How many health 8 Midwives 2 Nursing Assistants worker does 4 Clinical Officer 1 Theatre Assistants Kabuyanda Health 1 Dentist 1 Public Health Nurse Center IV have? 4 Laboratory Technicians 1 Records Assistant 3 Nursing Officers 1 Accountant and 1 Anesthetist 7 Porters Outpatient Department. Facility receives patients get treated and return back home Laboratory services. Tests are done on HIV, Malaria, Syphilis, Urine, Stool, Sputum, CD4, Viral load and MTB Dental Services. Extract teeth and cementing Immunization Ultra Viral Therapy Counselling Ultra Sound Scan services Antenatal care What are the services Family Planning offered by the health Nutritional Clinic facility? Inpatient Department. Patients are admitted in wards Deliveries Postnatal care Operations Safe circumcisions Community Based (Direct Observed Therapy) Out Reaches. Services are offered out sides like immunization Support plus supervision of lower facilities e.g. Health Center IIIs and IIs. Post Exposure Prophylaxis (PEP). Services are offered to people raped or bitten by HIV patients and Emergency systems What are the major The illness include; malaria, Respiratory Tract Infections, Diarrhea, Ear diseases affecting infections and HIV/AIDS patients who visit www.newplan.ug Resettlement Action Plan – February 2019 237 Ministry of Water and Environment this health facility? How many patients does the facility Facility receives approximately 120 patients receive on daily basis? How many beddings Maternity ward has 24 beds does the facility has General ward has 16 beds and as per ward? Children’s ward has 8 beds What some of the Staffing is still inadequate challenges faced by Water crisis especially during dry spell. the facility? What is the HIV/AIDS HIV/AIDS stands at 4.6% prevalence in the area? What are your The health facility will expect support from the project because the facility expectations from will be overstretched by the increase in the number patients, project workers this project? and the surrounding Districts like Ntungamo, Rwanda and Tanzania. Do you have Health facility is focused on preventing diseases. anything important The health facility works with private partners such as Maririe Stops, Egg that project would Puff, Mayanja Memorial Foundation, AIDS Information Center, want to know? Mellennium Village Project (closing December 2017). www.newplan.ug Resettlement Action Plan – February 2019 238 Ministry of Water and Environment C. QUESTIONNAIRES Directly Affected Households www.newplan.ug Resettlement Action Plan – February 2019 239 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 240 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 241 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 242 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 243 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 244 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 245 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 246 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 247 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 248 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 249 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 250 Ministry of Water and Environment Indirectly Affected Households www.newplan.ug Resettlement Action Plan – February 2019 251 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 252 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 253 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 254 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 255 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 256 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 257 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 258 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 259 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 260 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 261 Ministry of Water and Environment www.newplan.ug Resettlement Action Plan – February 2019 262 Ministry of Water and Environment D. GRIEVANCE FORM SAMPLE Serial No: Query/Grievance Form Name of Complainant Sex Telephone Contact Village Sub-County District Plot Ref Categories of grievance a. Survey b. Valuation c. Social Economic d. Legal e. Compensation f. Resettlement g. Identification/Ownership h. Land Wrangle/Family Dispute Describe the complaint _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________ Any Supporting document? Yes/No indicate all parties involved in case Action Taken________________________________________________________________________________________ _______________________________________________________________________________________ Grievance Taken by Designation ______________________________________________________________________ Name & Signature of Complainant Date Dispute Resolution Sheet: Basic Facts; _____________________________________________________________________________________________ _____________________________________________________________________________________________ Resolution/Responses; _____________________________________________________________________________________________ _____________________________________________________________________________________________ www.newplan.ug Resettlement Action Plan – February 2019 263 Ministry of Water and Environment Signed________________________________Name___________________________ E. INVENTORY, AND ECONOMIC ASSESSMENT OF ON RWOHO CFR BY THE IRRIGATION AND CLIMATE RESILIENCE PROJECT www.newplan.ug Resettlement Action Plan – February 2019 264 Ministry of Water and Environment List of Acronyms CDM: Clean Development Mechanism CFR: Central Forest Reserve CFM: Collaborative Forest Management Cm3: Cubic meters DBH: Diameter at Breast Height EA Environmental Assessment EIA: Environmental Impact Assessment ESIA Environmental and Social Impact Assessment ESG Environmental Safeguards Unit GEF GEF Global Environment Facility Ha: Hectares Ht: Height IDB Inter-American Development Bank MWE Ministry of Water and Environment NFA: National Forestry Authority NPV Net Present Value PV Present Value PWS Potable Water Supply TEV Total Economic Value TC Travel Cost TORs Terms of Reference WB World Bank www.newplan.ug Resettlement Action Plan – February 2019 265 1.0: Background Under the Irrigation Development and Climate Resilience Projects, the Kabuyanda dam will inundate (submerge) part of the Rwoho CFR. The activities relating to construction of the dam is estimated to cover an estimated area of 302.47 ha of the Central Forest Reserve. In part of this area (51.5 ha), the National Forestry Authority (22.77ha), as well as the forest adjacent community under Collaborative Forest Management (CFM) (28.28ha), have established plantations under Climate Development Mechanism (CDM), as a strategy to mitigate against extremes of weather and climate but also to benefit from the CDM financing mechanisms aimed at sustaining the developments and for resilience to climate. Other members from adjacent communities have also established commercial plantations of trees under licence from NFA. Details of the breakdown of individual/group plantations are indicated in table 4.1. It was against this background that the Ministry of Water and Environment requested NFA to undertake an inventory of the trees within the dam embankment site and reservoir located within the Central Forest Reserve as per the detailed designs. 2.0: Objective Objective was to assess the impact of the irrigation scheme on the part of Rwoho CFR to be inundated by the proposed dam and generate economic value for this impact. The specific tasks were; 1. To delineate and demarcate the area of CFR to be affected by the dam (302.468 ha.) 2. To establish sample plots equal to 1% of the impact area (200 plots of area 0.02 ha) 3. To enumerate and quantify all the trees in the 200 plots. 4. To quantify natural trees, poles/saplings in the wetland that will be submerged by dam water. 5. To determine the standing volume of trees and take census of seedling, saplings and poles. 6. Take stock of the forest resources including volume of trees and number poles/sapling. 7. To determine the ecological and economic values of the impact of the development. 3.0: Materials and Methods 3.1: DEMARCATION OF DAM AREA The map of area was produced using GIS software, exported as a PDF format, and uploaded into Avenza map installed in the tablets. The outline of the dam area was traced using the Avenza map and was marked by red paint. 3.2: SAMPLING , DEMARCATION AND ENUMERATION OF SAMPLE PLOTS Systematic sampling was done along transects on either sides of the wetland. Sample plots were established and demarcated along transects at an interval of 100m. The area of sample plot was 200m 2, with radius of 8m. All the trees in the plots were enumerated and the data booked using field forms. 266 3.3: Assessment of the amount of carbon sequestered by CDM Project Generic equation with in-built formulae have been used to assess the amount of carbon sequestered. The equations described shall only serve to compute from the derivatives provided in the report and shall ignore the derivation of the said formulae. The derivation used can however be viewed by highlighting the table in its top –left (of the soft or digital copy as one is directly facing the compute!), and placing the cursor on the individual valued in table 3.1. Table 1: Generic values used to Compute Carbon Stock in Forest Plantations (IPCC GPG, 2006) Tree Species BEF WD RSR dm-C tCO2e Eucalyptus 3.4 0.75 0.2 0.5 3.67 Pines 1.32 0.51 0.23 0.5 3.67 Broadleaved Species (Musizi) 3.4 0.41 0.27 0.5 3.67 Table 3.2: Biomass Conversion Generic Values by Land Use/Cover (IPCC GPG, 2006) Land Use/Cover Shoot-Root Ratio Dry matter to Carbon Carbon to tCO2e Cropland/woody perennials 0.42 0.5 3.67 Equation: Estimation of Above Ground Biomass (Baseline)…………………………………1 Where: = Carbon Stocks in above ground biomass at time t in the absence of the project activity (t C/ha) = above ground biomass at time t that would have occurred in the absence of the project activity (t dm/ha) 1 0.5 = carbon fraction of dry matter (t C/t dm) Equation: Estimation of Below Ground Biomass (Baseline)……………………………….2 Where: = Carbon Stocks in below ground biomass at time t that would have occurred in the absence of the project activity (t dm/ha) = Above ground biomass in grass on grassland at time t that would have occurred in the absence of the project activity (t dm/ha) = Above ground biomass at time t that would have occurred in the absence of the project activity (t dm/ha) = Root to shoot ration of woody perennials (t dm/t dm) = Root to shoot ration of grassland (t dm/t dm) Equation: Estimation of above and below ground Biomass in Forest Plantations…………3 Where: 267 = Carbon Stocks in above ground biomass for stratum i, species j at time t; tC = Carbon Stocks in below ground biomass for stratum i, species j at time t; tC = Area of stratum i, species j at time t; hectares = Average merchantable volume of stratum i, species j at time t; m = Basic wood density of species j; t d.m. m-3 = Biomass expansion factor for conversion of merchantable volume to above ground tree biomass for species j; dimensionless = Root-shoot ration for species j; dimensionless 3.4: Assessment of the environmental impacts of economic development Economic valuation of environmental impacts be based on a careful identification and measurement of the biological and physical changes by a project to guide conformation or development of alternative project designs. Natural systems like the “green belts” of Rwoho CFR are holistic and interconnected forming a nexus of relationships of dependency and interdependency in the environment. It is thus essential that from the very beginning of the planning process to be able to determine which one and how much of each of the natural systems is to be impacted by the project . 4.0: Field Findings Systematic quantification of the issues in the impact area and the ecological and financial analyses of the environmental impacts including the landscape analysis, measurements of trees seedlings, saplings and pole and other benefit streams form the CFR are as illustrated in this chapter. 4.1: GENERAL The portion of the Rwoho CFR affected includes; the portions of NFA CDM blocks 3 and 4, two CFM groups (KADA and BEKA) under CDM, the private tree farmers and the natural forest belts along the rivers and unplanted areas. Details of the affected planted portions are in Table 2 below. Specifically;  Assessed plantations were owned by NFA, CFM groups and private tree farmers  Natural belts still exist especially the areas along the stream banks  Indigenous trees such Parinari species, Erythrina abysinica, Prunus Africana among others were seen in both natural bets and area under plantations  Taugya practice (unsystematic planting of food plants with trees with tree crop) was also visible in both mature and young plantations within the project affected area.  Approximately 60.52ha categorized as natural belt comprises the natural belts, nursery site, unplanted areas and areas of crop failures. 268 TABLE 2: ORGANIZATIONS/INDIVIDUAL THAT WILL BE AFFECTED BY THE PROPOSED PROJECT AND AREA PLANTED IN HECTARES Licensee Area (ha) Remarks Ankole Wood and Timber Works Ltd 1.61 CFM-CDM 28.28 Hon. Alex Byarugaba Bakunda 0.01 Hon. Ngabirano Charles 7.14 Kaddugala 54.16 Kyalimpa Lilian/Hon. Ngabirano Charles 38.07 Mutahunga Livingstone 4.30 Nabimanya Robert 17.09 Ndyanabo Cipiriano 5.68 NFA Unplanted (Natural Belt & Nursery) 60.52 NFA-CDM 22.77 Rutasikwa Gordon 0.60 Takwesire 0.25 Twinomugish Benon 5.85 Has patchy Maesopsis and Pines for NFA Twinomugisha Benon 55.71 Has patchy Maesopsis and Pines for NFA Twinomugisha Benon/Noida 0.45 Total 302.47 6.0: Conclusion Table 10 gives the summary of the assessed compensable items. Fig 1: Proposed Location and expanse of the (RWOHO CFR) irrigation and climate Resilient Project for the adjacent forest community 269 270 Table 3: Current standing volume of the plantations within the affected portion of Rwoho Central Forest Reserve No of Mean Mean DBH Ht Vol/ha Total Vol Tree Farmer Tree Species Age Plots Area (ha) Stems /ha Total Stems (cm) (m) (m3) (m3) Ankole Woods Eucalyptus grandis 3 4 1.61 575 926 13.3 12.5 67.86 109.25 BEKA - CDM Pinus caribaea 5 7 4.32 629 2,715 13.7 10.0 43.19 186.58 Hon Ngabirano Charles Eucalyptus grandis 3 5 4.59 480 2,203 14.4 15.7 57.98 266.12 Hon Ngabirano Charles Eucalyptus grandis 4 3 2.55 650 1,658 16.7 19.7 124.79 318.22 KADA-CDM Eucalyptus grandis 3 1 3.82 700 2,674 9.6 14.6 33.81 129.16 KADA-CDM Pinus caribaea 3 11 14.53 541 5,916 9.8 5.6 16.29 61.97 KADA-CDM Pinus caribaea 6 5 4.99 763 3,783 10.5 7.0 22.80 90.63 KADA-CDM Pinus caribaea 11 1 0.59 550 325 21.5 15.5 132.74 78.32 Kaddugala Eucalyptus grandis 2 4 11.59 538 6,230 11.3 13.2 35.85 415.52 Kaddugala Eucalyptus grandis 3 33 42.31 629 25,675 12.3 16.5 59.75 2,440.08 Kaddugala Pinus oocarpa 8 2 0.27 975 262 13.4 11.7 71.98 18.40 Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 1 3 2.58 200 516 0.0 0.0 0.0 - Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 2 6 4.44 567 1,864 8.4 9.8 15.82 52.03 Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 3 16 20.85 615 13,927 14.3 15.5 66.57 1,300.50 Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 4 4 10.2 588 5,993 16.8 19.5 108.03 1,101.94 Mutahunga Livingstone Eucalyptus grandis 3 4 4.3 438 1,881 15.8 18.1 67.60 290.67 Nabimanya Robert Eucalyptus grandis 2 7 17.07 386 6,584 2.9 3.0 2.70 46.07 Ndyanabo Cipiriano Eucalyptus grandis 1 1 0.54 500 270 0.0 0.0 0.0 - Ndyanabo Cipiriano Eucalyptus grandis 3 6 5.14 767 3,941 13.2 15.7 74.69 383.91 NFA-CDM/Twinomugisha Pcaribaea/Eucalyptus 5 3 5.85 400 2,340 17.2 10.6 42.82 250.50 271 Benon NFA-CDM Pinus caribaea 12 5 5.59 510 2,851 21.5 17.9 142.37 795.85 NFA-CDM Pinus caribaea/oocarpa 11 17 18.22 426 6,853 20.3 16.1 111.05 1,784.61 Twinomugisha Benon Eucalyptus grandis 3 34 44.7 688 29,158 12.0 13.2 48.86 2,148.48 Twinomugisha Benon Pinus caribaea 5 10 10.44 240 2,506 13.3 9.5 24.45 255.30 Hon. Alex Byarugaba BakundaEucalyptus grandis 1 1 0.01 500 5 0.0 0.0 0.0 - Rutasikwa Gordon Eucalyptus grandis 2 1 0.5977 550 329 8.4 9.8 15.82 9.45 Takwesire Eucalyptus grandis 2 1 0.2454 620 152 8.4 9.8 15.82 3.88 NFA Natural Belt Natural trees 0 0 60.52 - 1,595 24 6 0.00 338.09 Grand Total 195 302.46 133,131 12.3 11.3 54.78 12,876 Table 4: Projected stand Volume and Value of the individual plantations within the affected portion Mean Mean Ht StemsSurvival Site Second Final First thin Vol/ha Total Vol.Econ value Tree Farmer Tree secies Age Area (ha) /ha % DBH (m) Index Vol Thin Volharvest Vol (m3) (m3) Average pri 3 Ankole Woods Eucalyptus grandis 3 1.61 575 52 (cm) 12.5 13.3 26.0 (m3)/ha (m3)/ha 0.00 30.11 (m3)/ha 220.42 250.53 403.35 (UGX) /M = 48,402,000 BEKA - CDM Pinus caribaea 5 4.32 629 57 13.7 10.0 16.0 0.00 47.55 414.12 461.67 1,994.41 239,329,200 Hon Ngabirano Charles Eucalyptus grandis 3 4.59 480 43 14.4 15.7 28.0 0.00 0.00 289.22 289.22 1,327.51 159,301,200 Hon Ngabirano Charles Eucalyptus grandis 4 2.55 650 59 16.7 19.7 30.0 0.00 46.85 314.51 361.36 921.47 110,576,400 KADA-CDM Eucalyptus grandis 3 3.82 700 63 9.6 14.6 28.0 0.00 47.63 271.40 319.03 1,218.69 146,242,800 KADA-CDM Pinus caribaea 3 14.53 541 49 9.8 5.6 16.0 0.00 42.46 368.42 410.88 5,970.06 716,407,200 KADA-CDM Pinus caribaea 6 4.99 763 69 10.5 7.0 14.0 0.00 48.43 356.66 405.09 2,021.37 242,564,400 KADA-CDM Pinus caribaea 11 0.59 550 50 21.5 15.5 14.0 0.00 32.27 296.03 328.31 193.70 23,244,000 Kaddugala Eucalyptus grandis 2 11.59 538 48 11.3 13.2 32.0 0.00 50.20 323.32 373.52 4,329.10 519,492,000 1,803,754,80 Kaddugala Eucalyptus grandis 3 42.31 629 57 12.3 16.5 30.0 0.00 46.06 309.20 355.27 15,031.29 0 Kaddugala Pinus oocarpa 8 0.27 975 88 13.4 11.7 18.0 22.13 47.67 415.24 485.04 130.96 15,715,200 Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 1 2.58 200 18 0.0 0.0 30.0 0.00 0.00 216.56 216.56 558.73 67,047,600 Kyalimpa Eucalyptus grandis Lilian/Hon. 2 4.44 567 51 8.4 9.8 28.0 0.00 42.91 244.54 287.45 1,276.27 153,152,400 272 Ngabirano Charles Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 3 20.85 615 55 14.3 15.5 30.0 0.00 45.26 45.26 90.52 1,887.28 226,473,600 Kyalimpa Lilian/Hon. Ngabirano Charles Eucalyptus grandis 4 10.2 588 53 16.8 19.5 30.0 0.00 44.44 298.30 342.74 3,495.95 419,514,000 Mutahunga Livingstone Eucalyptus grandis 3 4.3 438 39 15.8 18.1 30.0 0.00 0.00 317.13 317.13 1,363.64 163,636,800 Nabimanya Robert Eucalyptus grandis 2 17.07 386 35 2.9 9.8 28.0 0.00 0.00 261.29 261.29 4,460.24 535,228,800 Ndyanabo Cipiriano Eucalyptus grandis 1 0.54 500 45 0.0 0.0 30.0 0.00 33.81 285.41 319.22 172.38 20,685,600 Ndyanabo Cipiriano Eucalyptus grandis 3 5.14 767 69 13.2 15.7 28.0 0.00 49.81 283.86 333.67 1,715.07 205,808,400 NFA-CDM/ Twinomugisha Benon 5 Pinus caribaea/Eucalyptus 5.85 400 36 17.2 10.6 14.0 0.00 0.00 320.40 320.40 1,874.34 224,920,800 NFA-CDM Pinus caribaea 12 5.59 510 46 21.5 17.9 14.0 0.00 24.99 293.91 318.90 1,782.66 213,919,200 NFA-CDM Pinus caribaea/oocarpa 11 18.22 426 38 20.3 16.1 14.0 0.00 0.00 334.01 334.01 6,085.65 730,278,000 1,697,817,60 Twinomugisha Benon Eucalyptus grandis 3 44.7 688 62 12.0 13.2 28.0 0.00 47.25 269.27 316.52 14,148.48 0 Twinomugisha Benon Pinus caribaea 5 10.44 240 22 13.3 9.5 14.0 0.00 0.00 217.90 217.90 2,274.89 272,986,800 Hon. Alex Byarugaba Bakunda Eucalyptus grandis 1 0.01 500 45 0.0 0.0 30.0 0.00 28.15 248.05 276.22 2.76 331,200 Rutasikwa Gordon Eucalyptus grandis 2 0.5977 550 50 0.0 0.0 30.0 0.00 29.6 261.2 290.95 173.90 20,868,000 Takwesire Eucalyptus grandis 2 0.2454 620 56 0.0 0.0 30.0 0.00 44.9 256.08 301.02 73.87 8,864,400 osee table 5 ne NFA Natural Belt Natural trees 60.52 - - - - - - - - - - page Grand Total 302.46 536 12.6 12.2 317.94 74,888.06 8,986,562,400 273 Table 5: Standing table of Natural trees within the affected portion Reserve price/ No Mean di of Volume Mean Bole Unit / vol Value (UGX) S/N Tree species Height (m3) stems DBH (cm) (UGX) 1 Acacia sieberiana 11 31 5 3.07 107,965 331,453 2 Acacia spp 17 17 5 1.78 107,965 192,178 3 Alangium chinensis 1 16 5 0.06 215,929 12,956 4 Albizia spp 20 30 6 6.92 215,929 1,494,229 5 Allophyllas dumeri 1 18 2 0.05 107,965 5,398 6 Blighia unijugata 1 16 2 0.04 107,965 4,319 7 Bridelia micrantha 37 24 6 10.17 107,965 1,098,004 8 Canthium vulgaea 3 36 7 1.34 215,929 289,345 9 Celtis africana 1 60 8 1.36 215,929 293,663 10 Combretum molle 6 23 5 1.19 107,965 128,478 11 Cordia africana 126 29 5 32.22 215,929 6,957,232 12 Croton macrophylla 9 26 5 2.01 107,965 217,010 13 Ehretia cymosa 4 29 5 0.84 107,965 90,691 14 Erythrina abysinicca 237 32 4 72.84 53,982 3,932,049 15 Euclea divinorum 3 22 3 0.34 53,982 18,354 16 Ficus spp 12 32 7 4.87 53,982 262,892 17 Flocoutia indica 1 55 8 1.14 107,965 123,080 18 Halea stipulosa 3 35 7 1.23 53,982 66,398 19 Kigelia africana 3 14 2 0.09 107,965 9,717 20 Macaranga schweinfurthii 7 14 6 0.38 53,982 20,513 21 Maesa lancealata 20 16 5 1.82 107,965 196,496 22 Maesopsis eminii 764 20 6 108.34 158,836 17,208,292 23 Markhamia lutea 20 23 4 2.51 188,938 474,234 24 Newboutonia macrocalyx 1 23 5 0.12 215,929 25,911 25 Parinari sp. 28 33 5 8.17 107,965 882,074 26 Phoenix reclinata 10 19 5 1.01 53,982 54,522 27 Phyllanthus discoides 1 33 6 0.31 107,965 33,469 28 Premna angolense 3 28 4 0.73 107,965 78,814 29 Prunus africana 24 41 7 16.01 215,929 3,457,023 30 Pseudospondias macrocarpa 1 16 7 0.08 100,000 8,000 31 Rhus natalensis 5 10 4 0.31 107,965 33,469 32 Sapium ellypticum 55 39 5 26.38 53,982 1,424,045 34 Un identified species 95 17 5 10.46 53,982 564,652 35 Vangueria apiculata 1 30 2 0.14 53,982 7,557 36 Vernonia amagyadalina 18 24 4 2.96 53,982 159,787 Total 1595 24 6 338.09 41,061,583 274 275 Table 6: Current economic value of the carbon dioxide sequestered by the Rwoho plantation climate change resilient project under CDM Ag Area Mea Mean Vol/h Total Value (US$) Value Base line Tree Farmer Tree Species n Ht a Vol Biomass Carbon tCO2e (@US$3/t Value of e (ha) (UGX) DB (m) (m3) (m3) CO2e) carbon Eucalyptus 109.2 Ankole Woods 3 1.61 13.3 12.5 67.86 grandis 5 334.3 167.2 613.4 1,840.3 6,809,291 186.5 292.604 1073.85 11,919,813 BEKA - CDM Pinus caribaea 5 4.32 13.7 10 43.19 585.20817 8 09 7 3,221.6 11,919,813 Hon Ngabirano Eucalyptus 266.1 3 4.59 14.4 15.7 57.98 Charles grandis 2 814.3 407.2 1494.3 4,482.9 16,586,624 Hon Ngabirano Eucalyptus 124.7 318.2 4 2.55 16.7 19.7 Charles grandis 9 2 973.8 486.9 1786.8 5,360.5 19,833,892 Eucalyptus KADA-CDM 3 3.82 9.6 14.6 33.81 129.16 grandis 395.2 197.6 725.2 2,175.7 8,050,234 8,050,234 4.79759 76.5529 849,737 KADA-CDM Pinus caribaea 3 14.53 9.8 5.6 16.29 61.97 20.859102 35 04 229.7 849,737 30.50605 7.01639 111.957 1,242,725 KADA-CDM Pinus caribaea 6 4.99 10.5 7 22.8 90.63 8 33 23 335.9 1,242,725 132.7 6.06337 96.7504 1,073,930 KADA-CDM Pinus caribaea 11 0.59 21.5 15.5 78.32 26.362512 4 78 19 290.3 1,073,930 Eucalyptus 415.5 Kaddugala 2 11.59 11.3 13.2 35.85 grandis 2 1271.5 635.7 2333.2 6,999.6 25,898,369 Eucalyptus 2,440. Kaddugala 3 42.31 12.3 16.5 59.75 grandis 08 7466.6 3733.3 13701.3 41,103.9 152,084,355 1.42449 22.7299 Kaddugala Pinus oocarpa 8 0.27 13.4 11.7 71.98 18.4 6.19344 12 25 68.2 252,302 Kyalimpa Eucalyptus 1 2.58 0 0 0 - 0.0 0.0 0.0 - 0 276 Lilian/Hon. grandis Ngabirano Charles Kyalimpa Lilian/Hon. Eucalyptus 2 4.44 8.4 9.8 15.82 52.03 Ngabirano grandis Charles 159.2 79.6 292.2 876.5 3,242,906 Kyalimpa Lilian/Hon. Eucalyptus 20.8 1,300. 3 14.3 15.5 66.57 Ngabirano grandis 5 50 Charles 3979.5 1989.8 7302.4 21,907.3 81,057,057 Kyalimpa Lilian/Hon. Eucalyptus 108.0 1,101. 4 10.2 16.8 19.5 Ngabirano grandis 3 94 Charles 3371.9 1686.0 6187.5 18,562.5 68,681,287 Mutahunga Eucalyptus 290.6 3 4.3 15.8 18.1 67.6 Livingstone grandis 7 889.5 444.7 1632.1 4,896.4 18,116,766 Nabimanya Eucalyptus 2 17.07 2.9 3 2.7 46.07 Robert grandis 141.0 70.5 258.7 776.1 2,871,433 Ndyanabo Eucalyptus 1 0.54 0 0 0 - Cipiriano grandis 0.0 0.0 0.0 - 0 Ndyanabo Eucalyptus 383.9 3 5.14 13.2 15.7 74.69 Cipiriano grandis 1 1174.8 587.4 2155.7 6,467.1 23,928,193 NFA- Pinus 3,434,875 CDM/Twinomu caribaea/Eucaly 5 5.85 17.2 10.6 42.82 250.5 84.3183 19.3932 309.448 gisha Benon ptus 09 16 928.3 3,434,875 142.3 795.8 61.6131 983.131 10,912,754 NFA-CDM Pinus caribaea 12 5.59 21.5 17.9 267.88311 7 5 15 01 2,949.4 10,912,754 277 Pinus 1,784. 600.6997 138.160 2204.56 24,470,705 NFA-CDM 11 18.22 20.3 16.1 111.05 caribaea/oocarpa 61 3 94 8 6,613.7 24,470,705 Twinomugisha Eucalyptus 2,148. 3 44.7 12 13.2 48.86 Benon grandis 48 6574.3 3287.2 12063.9 36,191.8 133,909,624 Twinomugisha 19.7648 315.377 Pinus caribaea 5 10.44 13.3 9.5 24.45 255.3 85.93398 Benon 15 71 946.1 3,500,693 Hon. Alex Eucalyptus Byarugaba 1 0.01 0 0 0 - grandis Bakunda 0.0 0.0 0.0 - 0 Rutasikwa Eucalyptus 0.59 2 8.4 9.8 15.82 9.45 Gordon grandis 77 28.9 14.5 53.1 159.2 588,996 Eucalyptus 0.24 Takwesire 2 8.4 9.8 15.82 3.88 grandis 54 11.9 5.9 21.8 65.4 241,831 NFA Natural 60.5 338.0 240.043 880.961 9,778,668 Natural trees 0 24 6 0 480.0878 Belt 2 9 9 11 2,642.9 9,778,668 302. 12,87 29774.80 14584.2 56697.0 170,091. 71,733,441 Grand Total 12.3 11.3 54.78 46 6 9 6 32 1 629,337,057 Table 7: Economic Value of the Carbon dioxide Sequestered by the Rwoho Plantation Climate Change Resilient Project under the CDM at full maturity (25 years) Ag Area Me M Site First Seco Fin Vol/ Total Bioma Carbo Value Value carbon Tree Farmer Tree secies an ea Ind thin nd al ha Vol. tCO2e (US$) Value of e (ha) ss n (UGX) Ankole Woods Eucalyptus 3.0 1.6 DB 13.3 n 12. ex 26.0 Vol 0.0 Thin 30.1 har 220. (m3) 250.5 (m3) 403.4 1,234.3 617.1 2,264.9 of 6,794. 25,139,841 the CDM BEKA - CDM Pinus 5.0 4.3 13.7 10. 16.0 0.0 47.6 414. 461.7 1,994. 6,255.5 3,127.7 11,478. 34,436 127,414,47 127,414,479 Hon Ngabirano Eucalyptus 15. 289. 1,327. 22,362 3.0 4.6 14.4 28.0 0.0 0.0 289.2 Charles grandis 7 2 5 4,062.2 2,031.1 7,454.1 .3 82,740,526 Hon Ngabirano Eucalyptus 19. 314. 15,522 4.0 2.6 16.7 30.0 0.0 46.9 361.4 921.5 Charles grandis 7 5 2,819.7 1,409.8 5,174.1 .4 57,433,023 278 KADA-CDM Eucalyptus 3.0 3.8 9.6 14. 28.0 0.0 47.6 271. 319.0 1,218. 3,729.2 1,864.6 6,843.1 20,529 75,958,035 75,958,035 KADA-CDM grandis Pinus 3.0 14.5 9.8 6 5.6 16.0 0.0 42.5 4 368. 410.9 7 5,970. 18,725. 9,362.5 34,360. .2 103,08 381,402,06 381,402,061 KADA-CDM Pinus 6.0 5.0 10.5 7.0 14.0 0.0 48.4 356. 405.1 2,021. 6,340.0 3,170.0 11,633. 34,901 129,136,84 KADA-CDM Pinus 11. 0.6 21.5 15. 14.0 0.0 32.3 296. 328.3 193.7 607.5 303.8 1,114.8 3,344. 12,374,680 12,374,680 Kaddugala Eucalyptus 2.0 11.6 11.3 13. 32.0 0.0 50.2 323. 373.5 4,329. 13,247. 6,623.5 24,308. 72,925 269,822,45 Eucalyptus 16. 309. 15,03 45,995. 22,997. 84,402. 253,20 936,864,38 Kaddugala 3.0 42.3 12.3 30.0 0.0 46.1 355.3 grandis 5 2 1.3 7 9 2 6.6 1 Pinus 11. 415. 2,261. Kaddugala 8.0 0.3 13.4 18.0 22.1 47.7 485.0 131.0 410.8 oocarpa 7 2 205.4 753.7 2 8,366,484 Kyalimpa Eucalyptus 1.0 2.6 0.0 0.0 30.0 0.0 0.0 216. 216.6 558.7 1,709.7 854.9 3,137.3 9,412. 34,824,306 Kyalimpa Lilian/Hon. Eucalyptus 244. 1,276. 2.0 4.4 8.4 9.8 28.0 0.0 42.9 287.5 Ngabirano grandis 5 3 21,499 Charles 3,905.4 1,952.7 7,166.4 .2 79,546,859 Kyalimpa Lilian/Hon. Eucalyptus 15. 1,887. 3.0 20.9 14.3 30.0 0.0 45.3 45.3 90.5 Ngabirano grandis 5 3 10,597. 31,791 117,629,65 Charles 5,775.1 2,887.5 3 .8 2 Kyalimpa Eucalyptus 4.0 10.2 16.8 19. 30.0 0.0 44.4 298. 342.7 3,496. 10,697. 5,348.8 19,630. 58,890 217,894,20 Mutahunga Eucalyptus 3.0 4.3 15.8 18. 30.0 0.0 0.0 317. 317.1 1,363. 4,172.7 2,086.4 7,657.0 22,970 84,992,422 Nabimanya Eucalyptus 2.0 17.1 2.9 9.8 28.0 0.0 0.0 261. 261.3 4,460. 13,648. 6,824.2 25,044. 75,134 277,996,09 Ndyanabo Eucalyptus 1.0 0.5 0.0 0.0 30.0 0.0 33.8 285. 319.2 172.4 527.5 263.7 967.9 2,903. 10,744,033 Ndyanabo Eucalyptus 15. 283. 1,715. 28,890 106,896,21 3.0 5.1 13.2 28.0 0.0 49.8 333.7 Cipiriano grandis 7 9 1 5,248.1 2,624.1 9,630.3 .9 4 NFA- Pinus 5.0 5.9 17.2 10. 14.0 0.0 0.0 320. 320.4 1,874. 5,878.9 2,939.4 10,787. 32,363 119,743,71 119,743,711 CDM/Twinomu NFA-CDM caribaea/Euc Pinus 12. 5.6 21.5 6 17. 14.0 0.0 25.0 4 293. 318.9 3 1,782. 5,591.3 2,795.7 7 10,260. .2 30,780 1 113,886,66 113,886,661 NFA-CDM Pinus 11. 18.2 20.3 16. 14.0 0.0 0.0 334. 334.0 6,085. 19,087. 9,543.8 35,025. 105,07 388,786,62 388,786,620 Twinomugisha Eucalyptus 13. 269. 14,14 43,294. 21,647. 79,445. 238,33 881,840,94 3.0 44.7 12.0 28.0 0.0 47.3 316.5 Benon grandis 2 3 8.5 3 2 1 5.4 4 Twinomugisha Pinus 217. 2,274. 13,093. 39,279 145,333,16 5.0 10.4 13.3 9.5 14.0 0.0 0.0 217.9 7,135.2 Benon caribaea 9 9 3,567.6 1 .2 8 279 Hon. Alex Eucalyptus 248. Byarugaba 1.0 0.0 0.0 0.0 30.0 0.0 28.2 276.2 2.8 grandis 1 Bakunda 8.4 4.2 15.5 46.5 172,024 Rutasikwa Eucalyptus 261. 2,929. 2.0 0.6 0.0 0.0 30.0 0.0 29.6 291.0 173.9 Gordon grandis 2 532.1 266.1 976.5 4 10,838,771 Eucalyptus 256. 1,244. Takwesire 2.0 0.2 0.0 0.0 30.0 0.0 44.9 301.0 73.9 grandis 1 226.0 113.0 414.8 4 4,604,141 NFA Natural Natural trees 0.0 60.5 - - - - - - - - Belt 0.0 0.0 0.0 0.0 0 302. 12. 74,88 230,865 115,43 423,638. 4,702,382, 1,219,566,2 Grand Total 12.6 317.9 5 2 8.1 .4 2.7 1 1,270,914.2 638 47 280 Table 8: Seedlings/Saplings derived from belts of natural belts Price Value4 Ser. No. Species Number (UGX) 1 Albizia spp 21,267 3,000 63,801,000 2 Celtis aficana 2,836 2,000 5,672,000 3 Clausena anistata 35,444 3,000 106,332,000 4 Combretum molle 4,253 2,000 8,506,000 4 Dovyalis abyssinica 21,267 1,000 21,267,000 4 Erythrina abbysinicca 5,671 3,000 17,013,000 5 Erythrina abyssinicca 4,253 3,000 12,759,000 5 Eucles divinorum 9,924 2,000 19,848,000 6 Maesa lanccalata 5,671 2,000 11,342,000 7 Markhamia lutea 46,787 2,000 93,574,000 8 Parinari sp. 17,013 2,000 34,026,000 9 Prunnus africana 2,836 3,000 8,508,000 10 Rhus vulgaris 2,836 3,000 8,508,000 11 Sapium elipticum 2,836 3,000 8,508,000 12 Vernonia amagyadalena 17,013 2,000 34,026,000 13 Alangium chinensis 7,089 2,000 14,178,000 14 Bridelia micrantha 21,267 2,000 42,534,000 15 Blighia unijugata 8,507 3,000 25,521,000 16 Cordia africana 8,507 2,000 17,014,000 17 Croton macrostachys 12,760 2,000 25,520,000 18 Halea stipulosa 55,293 3,000 165,879,000 19 Macaranga schweinfurthii 283,556 500 141,778,000 20 Phoenix reclinata 42,533 1,000 42,533,000 21 Un Identified species 266,542 500 133,271,000 Summary 905,960 1,061,918,000 Table 9: Expected biomass from trees tops and branches of Natural trees References 1) Forestry and Tree Planting Act, 2003 2) NFA Approved Price list 2018 281 282