The Republic Of Uganda

Resettlement Action Plan For proposed Isimba 132 kV Transmission line.

By: AWE Environmental Engineers EIA & Audits Partnership of AIR WATER EARTH (AWE) LTD Environmental, Civil Engineers & Project Management Consultants M1, 27 Binayomba Road, Bugolobi PO Box 22428, Kampala Office Tel. +256-41-4268466 E: mail@awe-engineers.com W: www.awe-engineers.com

Prepared for: UGANDA ELECTRICITY TRANSMISSION COMPANY LTD (UETCL)

Plot 10 Hannington Road, P.O.Box 7625 Kampala, Uganda

Tel: + 256 414 233433, Fax 041-4341783

As sub-consultant for: KAGGA& PARTNERS LTD Consulting Engineers 2 Bandali Close Bugolobi PO Box 6583, Kampala Uganda T:+256 414 220279 / 256 414 223692 E: mail@kaggapartners.com W: www.kaggapartners.com

On behalf of: FICHTNER GmbH & Co. KG Sarweystrasse 3 70191 Stuttgart, Germany T: +49 (0)711 89 95 - 0 E: info@fichtner.de W: www. fichtner.de

And: NORPLAN NedreSkøyenvei 2 0276 Oslo, Norway T: +47 21 58 50 00 F: +47 21 58 50 01 E: norplan@norplan.com

August 2012

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Consultant team

LEAD TEAM Role Sign

Pamella Tashobya: BA (Env Mgt), MSc (Norway),

Team Leader /Socio-Development Specialist

Faith Mugerwa: BA, MA (MAK) Sociologist Ritah Nabaggala: BEnvMgt (MAK) Community mobilisation/ primary data collection David Oyen: BEnvEng&Mgt Primary data collection Eng. Lammeck KAJUBI: BScEng (1.1 Hons) MAK, MEngSc (Australia), REng.

Project Manager

Dr.Herbert M. Kalibbala: BscEng, MScEng, PhD (Sweden),

Civil/Infrastructure Engineer

SUPPORT TEAM Lamek Seryazi Field Sociologist Richard Kalayango Community mobiliser

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Document Control

Client: Uganda Electricity Transmission Company Ltd

Project No: RAP/214

Report Title: Resettlement Action Plan Report for Isimba 42 km 132 kV Transmission Line.

Date: Aug 2012 Report. No.: memd/2011/2

Revision Description Originator Reviewed Date LK, FM, PK OD, IK August 2012 Preparation of this report has been undertaken within agreed terms of reference using all reasonable skill and care. The consultant accepts no responsibility or legal liability arising from unauthorized use by third parties of data or professional opinions herein contained.

Distribution

Official

Confidential Public

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Contents

LIST OF TABLES .................................................................................................................................................................... VI LIST OF FIGURES ................................................................................................................................................................. VII ACRONYMS, DEFINITIONS AND UNITS ............................................................................................................................. VIII EXECUTIVE SUMMARY ......................................................................................................................................................... XI 1 PROJECT BACKGROUND& DESCRIPTION ................................................................................................................ 1

1.1 BACKGROUND OF PROJECT AND ENERGY SECTOR IN UGANDA ....................................................................................... 1 1.2 PROJECT DESIGN AND DESCRIPTION ............................................................................................................................. 1

1.2.1 Line Design Technical Description .................................................................................................................. 1 1.3 TRANSMISSION LINE ROUTE ALTERNATIVES AND REASONS FOR DISREGARDING THEM ........................................................ 4

1.3.1 Line alternative A1 ........................................................................................................................................... 4 1.3.2 Line alternative A2 ........................................................................................................................................... 4 1.3.3 Line alternative B1 ........................................................................................................................................... 5 1.3.4 Line alternative B2 ........................................................................................................................................... 5

1.4 RAP IMPLEMENTATION ................................................................................................................................................. 5 1.5 MEASURES TO REDUCE RESETTLEMENT ........................................................................................................................ 5 1.6 OBJECTIVES AND SCOPE OF THE RAP ........................................................................................................................... 6

1.6.1 RAP Objectives ............................................................................................................................................... 6 1.6.2 Scope of the RAP ............................................................................................................................................ 6

2 RAP METHODOLOGY ................................................................................................................................................... 8

2.1 DOCUMENT REVIEW ..................................................................................................................................................... 8 2.2 SOCIAL SURVEY ........................................................................................................................................................... 8

2.2.1 Approach ......................................................................................................................................................... 8 2.2.2 Methods ........................................................................................................................................................... 9

3 LAND ACQUISITION AND RESETTLEMENT IMPACTS ............................................................................................ 15

3.1 CENSUS ..................................................................................................................................................................... 15 3.2 GENERAL DESCRIPTION OF THE TYPES OF IMPACTS ..................................................................................................... 15

3.2.1 Impact on Structures ..................................................................................................................................... 15 3.2.2 Impact on Livelihoods from Loss of Businesses, Land or Crops ................................................................... 15 3.2.3 Impact on Cultural Resources ....................................................................................................................... 16 3.2.4 Impact on Community Facilities ..................................................................................................................... 16 3.2.5 Affected Households and Communal Facilities ............................................................................................. 17

4 SOCIO-ECONOMIC PROFILE OF PAPS .................................................................................................................... 18

4.1 SOCIO-ECONOMIC PROFILE AND CENSUS DATA ............................................................................................................. 18 4.1.1 Isimba 132 kV Transmission Line .................................................................................................................. 18 4.1.2 Landuse and Settlement along line route ...................................................................................................... 18 4.1.3 Ethnicity and religion ..................................................................................................................................... 23 4.1.4 Health and Sanitation .................................................................................................................................... 23 4.1.5 Water and Sanitation ..................................................................................................................................... 25 4.1.6 Education and literacy among PAPs ............................................................................................................. 26 4.1.7 Fuel Sources in Project Area ......................................................................................................................... 26

5 LEGAL FRAMEWORK ................................................................................................................................................. 28

5.1 OVERVIEW OF UGANDA’S ENERGY SECTOR ...................................................................................................................... 28 5.2 NATIONAL POLICIES ........................................................................................................................................................ 31

5.2.1 National Environment Management Policy, 1994 .......................................................................................... 31 5.2.2 The Energy Policy, 2001 ............................................................................................................................... 31 5.2.3 National Development Plan (NDP), 2010 ...................................................................................................... 32 5.2.4 National Water Policy, 1999 .......................................................................................................................... 32 5.2.5 Wetlands Policy, 1995 ................................................................................................................................... 33 5.2.6 National Gender Policy 1997 ......................................................................................................................... 33

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5.2.7 HIV/AIDS Policy ............................................................................................................................................. 33 5.2.8 Occupational Health & Safety (OHS) Policy .................................................................................................. 34 5.2.9 Uganda Resettlement/Land Acquisition Policy Framework, 2002 ................................................................. 34

5.3 NATIONAL LAWS AND REGULATIONS ................................................................................................................................. 35 5.3.1 Electricity Act, Cap 145 ................................................................................................................................. 35 5.3.2 Constitution of the Republic of Uganda, 1995 ............................................................................................... 35 5.3.3 Land Act, Cap 227 ......................................................................................................................................... 38 5.3.4 Local Government Act (1997) ........................................................................................................................ 39 5.3.5 Land Acquisition Act (1965) ........................................................................................................................... 39 5.3.6 Historical Monuments Act 1967 ..................................................................................................................... 39

5.4 WORLD BANK, IDA COUNTRY STRATEGY FOR UGANDA ................................................................................................ 40 5.5 WORLD BANK POLICIES .............................................................................................................................................. 41

5.5.1 OP 4.01- Environmental Assessment ............................................................................................................ 42 5.5.2 OP 4.11- Physical Cultural Resources .......................................................................................................... 44 5.5.3 OP 4.12- Involuntary Resettlement ............................................................................................................... 44

5.6 GAPS BETWEEN WORLD BANK AND UGANDA POLICIES AND THEIR RECONCILIATION ........................................................ 45 5.7 PRINCIPLES AND POLICES FOR PROPOSED LAND ACQUISITION ....................................................................................... 51

6 INSTITUTIONAL FRAMEWORK .................................................................................................................................. 52

6.1 MINISTRY OF ENERGY & MINERAL DEVELOPMENT ........................................................................................................ 52 6.2 MINISTRY OF GENDER, LABOUR & SOCIAL DEVELOPMENT, MGLSD .............................................................................. 53 6.3 UGANDA ELECTRICITY TRANSMISSION COMPANY LIMITED, UETCL ............................................................................... 53 6.4 LOCAL GOVERNMENTS TRAVERSED BY THE POWER LINE ............................................................................................... 53 6.5 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT .......................................................................................... 54

7 ELIGIBILITY FOR COMPENSATION ........................................................................................................................... 55

7.1 ELIGIBILITY FOR COMPENSATION ................................................................................................................................. 55 7.1.1 Cut-Off Date .................................................................................................................................................. 55 7.1.2 Speculative Structures ................................................................................................................................... 55

8 VALUATION, COMPENSATION & RESETTLEMENT................................................................................................. 56

8.1 OVERVIEW OF ENTITLEMENTS ..................................................................................................................................... 56 8.1.1 Categories of Affected People ....................................................................................................................... 56 8.1.2 Identification of Vulnerable People ................................................................................................................ 56 8.1.3 Compensation and resettlement packages ................................................................................................... 56

8.2 DESCRIPTION OF ENTITLEMENT MEASURES ................................................................................................................. 57 8.2.1 Compensation for Loss of Land ..................................................................................................................... 57 8.2.2 Compensation for Loss of Crops ................................................................................................................... 58 8.2.3 Compensation for Loss of Structures ............................................................................................................ 58 8.2.4 Compensation for Loss of Business (Owners and Tenants) ......................................................................... 59 8.2.5 Compensation for Loss of Employment ......................................................................................................... 60 8.2.6 Compensation for Loss of Communal Facilities ............................................................................................ 60 8.2.7 Compensation for Loss of Graves or Cultural Sites ...................................................................................... 60

8.3 OTHER ENTITLEMENT MEASURES (BOTH OPTIONS 1 AND 2) ......................................................................................... 60 8.3.1 Building Approval ........................................................................................................................................... 60 8.3.2 Payment of Fees and Taxes .......................................................................................................................... 61 8.3.3 Payment of Banking Charges ........................................................................................................................ 61 8.3.4 Payment of Costs of Transport for the Collection of Compensation .............................................................. 61

8.4 PAYMENT OPTIONS .................................................................................................................................................... 61

9 HOST AREAS ............................................................................................................................................................... 66

10 STAKEHOLDER PARTICIPATION AND DISCLOSURE ............................................................................................. 67

10.1 CONSULTATION WITH AFFECTED PEOPLE ................................................................................................... 67 10.1.2 DISCLOSURE .......................................................................................................................................... 67

11 GRIEVANCE MANAGEMENT ...................................................................................................................................... 68

11.1 GRIEVANCE PROCESS ........................................................................................................................................... 68 11.2 THE OVERALL GRIEVANCE MECHANISM .................................................................................................................. 68 11.3 PROCESS FOR ADDRESSING GRIEVANCES RELATED TO VALUATION ......................................................................... 71

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11.3.1 Grievance Valuation Committee ............................................................................................................... 71 11.3.2 Valuation Grievance Decision Making Procedures .................................................................................. 71

12 RAP IMPLEMENTATION ............................................................................................................................................. 72

12.1 IMPLEMENTATION ARRANGEMENTS ......................................................................................................................... 72 12.1.1 RAP Implementation Unit ......................................................................................................................... 72 12.1.2 Role of the Implementation Officer ........................................................................................................... 73

12.2 PAYMENT PROCEDURE .......................................................................................................................................... 73 12.2.1 Notification of Compensation ................................................................................................................... 73 12.2.2 Mutation of Compensated Land ............................................................................................................... 75

13 IMPLEMENTATION SCHEDULE ................................................................................................................................. 76

14 IMPLEMENTATION BUDGET ...................................................................................................................................... 78

15 MONITORING ............................................................................................................................................................... 79

15.1 GENERAL OBJECTIVES AND APPROACH .................................................................................................................. 79 15.2 INTERNAL MONITORING PROCESS .......................................................................................................................... 79 15.3 EXTERNAL MONITORING PROCESS ......................................................................................................................... 82

ANNEX 1. RECORD OF CONSULTATION WITH AFFECTED PERSONS................................................................... 86

ANNEX 2. CENSUS QUESTIONNAIRE ....................................................................................................................... 133

ANNEX 3. MAP OF THE LINE ROUTE ........................................................................................................................ 145

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List of Tables TABLE 1: COMMUNITY RESOURCES TO BE AFFECTED BY ISIMBA 132 KV LINE .................................................................................. 17 TABLE 2: NUMBER AND AGE OF CHILDREN IN AFFECTED HOUSEHOLDS ........................................................................................... 18 TABLE 3: HOUSEHOLD HEADS WITH CHILDREN ABOVE 18 YEARS RESIDING ON AFFECTED LAND ....................................................... 19 TABLE 4: OCCUPATIONS OF PROJECT-AFFECTED HOUSEHOLD HEADS ............................................................................................ 20 TABLE 5: AGRICULTURAL INCOME LEVELS AND SOURCES AMONGST PAP ....................................................................................... 22 TABLE 6: SPENDING PATTERNS AMONG AFFECTED HOUSEHOLDS ................................................................................................... 22 TABLE 7: SIX COMMONEST DISEASES REPORTED IN AFFECTED HOUSEHOLDS ................................................................................. 23 TABLE 8: MOST COMMON DISEASES AMONG CHILDREN ................................................................................................................. 24 TABLE 9: MOST COMMON VENEREAL DISEASES ............................................................................................................................ 24 TABLE 10: HOUSEHOLD ANNUAL EXPENDITURE ON COMMONEST DISEASES .................................................................................... 25 TABLE 11: PERCENT LITERACY LEVELS AMONG PAPS IN BUIKWE AND KAYUNGA DISTRICTS ........................................................... 26 TABLE 12: GAPS BETWEEN WB AND UGANDAN LEGISLATION APPLICABLE TO EACH IMPACT ............................................................. 46 TABLE 13: ENTITLEMENT MATRIX ................................................................................................................................................. 62 TABLE 14: RESETTLEMENT SCHEDULE ........................................................................................................................................ 77 TABLE 15: RESETTLEMENT (COMPENSATION) BUDGET (UGSHS).................................................................................................... 78 TABLE 16: ADDITIONAL PAYMENT (UGSHS) FOR INCOME RESTORATION ......................................................................................... 78 TABLE 17: RAP MANAGEMENT BUDGET (US DOLLAR) ................................................................................................................... 78 TABLE 18: OUTCOME INDICATORS ............................................................................................................................................... 82 TABLE 19: RAP MONITORING PLAN .............................................................................................................................................. 84

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List of Figures FIGURE 1: CORRIDOR FOR 132 KV LINE (DOTTED LINE) SHOWING METER ROW AND 30 METER WAYLEAVES. ...................................... 2 FIGURE 2: STEEL LATTICE TOWERS PROPOSED FOR THE TRANSMISSION LINE ................................................................................... 3 FIGURE 3: TRANSMISSION LINE ALTERNATIVES A1, A2, B1 AND B2 (A1 IS PREFERRED) .................................................................... 4 FIGURE 4: GENDER DISTRIBUTIONS AMONG AFFECTED HOUSEHOLD HEADS .................................................................................... 19 FIGURE 5: PERCENTAGE OF PAPS GROWING GIVEN FOOD CROPS BY DISTRICTS ............................................................................ 21 FIGURE 6: TYPES OF CASH CROPS GROWN BY THE DISTRICTS. ...................................................................................................... 21 FIGURE 8: HOUSEHOLDS WITH ANY FORM OF DISABILITY ............................................................................................................... 25 FIGURE 9: WATER SOURCES IN PROJECT AFFECTED AREA ............................................................................................................ 26 FIGURE 10: FUEL SOURCES IN AFFECTED HOUSEHOLD .................................................................................................................. 27 FIGURE 11: RELIGION AMONG PAPS ALONG PROPOSED 132 KV LINE ROUTE ................................................................................. 27 FIGURE 12: GRIEVANCE MANAGEMENT MECHANISM ...................................................................................................................... 70

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Acronyms, definitions and units Acronyms: ACSR: Aluminium Conductor Steel Reinforced AAAC: All Aluminium Alloy Conductor AP: Angle point Cap.: Chapter CGV: Chief Government Valuer EIA: Environmental impact assessment GIS: Geographic information system GoU: Government of the Republic of Uganda HC: Health centre (e.g. HC IV, HC III, HC II) HIV/AIDS: Human immunodeficiency virus/ acquired immunodeficiency syndrome HEP: Hydroelectric power HPP: Hydropower plant (or dam) IAIA: International Association of Impact Assessment IDA: International Development Association IDP: Internally displaced people IEC: International Electro-technical Commission LAP: Land Acquisition Plan LAR: Land Acquisition & Resettlement LC: Local Council MoLG: Ministry of Local Government NEMA: National Environment Management Authority NDP: National Development Plan NFA: National Forestry Authority NGO: Non-Governmental Organization NORAD: Norwegian Agency for International Development OP: Operational Procedure PAP: Project Affected Persons PCR: Physical Cultural Resources PPE: Personal Protective Equipment RAP: Resettlement Action Plan RoW: Right of way SIA: Social Impact Assessment SME: Small and medium scale enterprises SMS: Social Management System STDs: Sexually transmitted diseases TC: Town Council TL: Transmission Line UBOS: Uganda Bureau of Statistics UEGCL: Uganda Electricity Generation Company Limited UETCL: Uganda Electricity Transmission Company Limited UPE: Universal Primary Education WB: World Bank WBG: World Bank Group Units and measures Ha: Hectare (10000 square meters or 2.471 acres) km: Kilometer (1000 m) kV: kilovolt (1000 volt) kVA: Kilovolt-ampere (1000 volt-ampere) kW: Kilowatt (1000 watt) kWh: Kilowatt-hour (1000 watt-hour) m: Meter MVA: Mega volt-ampere (1,000,000 volt-ampere)

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MWh: Megawatt-hour (1,000,000 watt-hour) MW: Megawatt (1,000,000 watt) sq km: Square kilometer

Currency:

UgShs: Uganda Shilling USD: United States Dollar

Definitions:

Angle point: A grid structure (pole or steel lattice tower/pylon) at which a powerline changes direction or horizontal orientation. Between APs can be located several intermediate support structures. Grid structures at AP are usually bigger and of greater strength to support lateral forces imposed by a change in line direction. “Clearance” is the distance that must be maintained between a powerline and an object, to avoid risk of a fatal electric shock. (e.g. minimum recommended safe clearance from a conductor for a person working and/or anything extended towards a 132 kV powerline is 5 m). Compensation: Payment in cash or in kind at replacement value for an asset or a resource affected by the project at the time the assets need to be replaced. Conductor: A wire carrying electric current. Economic Displacement: Loss of income or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the project.

Eminent Domain: Right of the state to acquire land using its sovereign power, for public purpose. Grievance Procedures: Processes established under law, local regulations or administrative decision to enable property owners and other displaced persons to redress disagreements or complaints related to acquisition, compensation or other aspects of resettlement.

Land Acquisition: It is the process of acquiring land under the legally mandated procedures of eminent domain. Project-Affected Area: The area subject to a change in use as a result of construction and operation of the project. Project-Affected Person (PAP): Any person who, as a result of project implementation, loses right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected people might be displaced either physically (“Physically Displaced People”) or economically (“Economically Displaced People”). Physical Displacement: Loss of shelter and assets resulting from land acquisition associated with the project, requiring affected persons to move to other locations. Population Census: The population that will be affected by land acquisition and related impacts. When properly conducted, the population census provides basic information necessary for determining eligibility for compensation. Project-Affected Households (PAH): A PAH is a household that includes one or several project-affected persons and usually comprises of a head of household, their spouses, children and other dependents (e.g. parents, grandchildren).

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Resettlement Assistance: Support provided to people who are going to be physically displaced by the project. Assistance may include transportation and other services that are provided to affected people during relocation. Assistance may also include cash allowances to compensate affected people for inconveniences associated with resettlement and settle up expenses during transition to a new locale and lost workdays. Replacement Value: Compensation for lost assets, i.e., market value of the assets in addition to transaction costs (taxes, registration fees and cost associated with registration or transfer of new land). The replacement value of an item must reflect cost at the time it is due for replacement. For land and structures, “replacement value” is defined as follows: i) Agricultural land: the market value of land of equal productive use or potential located in

the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land including fees of any registration and transfer taxes;

ii) Land in urban areas: the market value of land of equal size and use, with similar or improved public infrastructure facilities and services, preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;

iii) Household and public structures: the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor, contractors’ fees and any registration and transfer taxes.

Resettlement Strategy (Rehabilitation Strategy): Approaches used to assist people in their efforts to improve (or at least to restore) their incomes, livelihoods, and standards of living in real terms after resettlement. The resettlement strategy typically consists of payment of compensation at replacement cost, transition support arrangements, relocation to new sites (if applicable), and provision of alternative income-generating assets (if applicable). Resettlement Action Plan: A resettlement action plan (RAP) is a planning document describing what will be done to address direct social and economic impacts associated with involuntary resettlement. Resettlement Entitlements: Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category. Right of Way (RoW): A portion of the wayleave that UETCL permanently procures and maintains as a roadway strip beneath the line for access during line operations and maintenance. Socio-economic Survey (SES): A complete and accurate survey of project-affected population focusing on income-earning activities and other socio-economic indicators. Stakeholders: A broad term that covers parties affected by or interested in a project or a specific issue: i.e. all parties who have a stake in a particular initiative. Primary stakeholders are those most directly affected and in resettlement situations such as people who lose property or income because of the project. Vulnerable people: People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. Wayleave: A strip of land across the centerline of a power transmission line for which UETCL will compensate land owners or other affected people for the right to restrict use of the land in accordance with provisions defined under the Electricity Act Part IV sections 68-72. Wayleave width for 132 kV line is 30 meters.

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EXECUTIVE SUMMARY

01. To increase electricity power supply and access, Government of Uganda (GoU) plans to construct Isimba hydropower dam to supplement existing national installed capacity. Hence, the proposed Isimba Transmission line project, to be executed by Uganda Electricity Transmission Company Ltd (UETCL), aims to evacuate power from the proposed hydropower dam feeding it into the national grid in line with Uganda’ national development objectives of poverty reduction through increased access to grid electricity. UETCL appointed Fichtner and Norplan (as lead consultants) in association with Kagga & Partners which subcontracted Air Water Earth (AWE) to conduct Environmental Impact Assessment (EIA); Social Impact Assessment (SIA) and Resettlement Action Plan (RAP) for the proposed project. Reports of each of these three studies are presented in separate volumes and this volume (RAP) addresses resettlement impacts associated with the transmission line and how they should be managed as per requirements of Uganda Government and World Bank social safeguard policies.

02. The line will affect a total number of property owners below:

Kayunga District: 709 PAPs and Buikwe District: 287 PAPs.

03. Resettlement of the PAPs will be carried out in accordance with Ugandan laws and regulations, as well as World Bank guidelines. Therefore, this RAP has been prepared to satisfy these two requirements.

04. Objectives of this RAP are:

(a) To outline impacts on land, property and affected people, (b) To describe measures necessary for mitigation of adverse effects of resettlement

and improve or at least maintain living standards of affected persons and, (c) To ensure transparency throughout the resettlement and compensation process.

05. Preparation of this RAP has been based on socio-economic surveys undertaken by AWE and socio-economic profiles of affected households are given in Chapter 4.

06. Impacts anticipated include relocation of PAPs and removal or destruction of temporary,

semi-permanent and permanent residential and commercial structures. Impact on cultural resources (graves and shrines) was also encountered in some affected households. Along entire proposed line route, there will be permanent loss of land in the right of way.

There will be PAPs losing buildings or land (hence crops) on which they solely depended for a living, hence economic displacement. This nature of displacement also applies to people whose business are affected, relocated, or persons who are employed in affected business and therefore lose livelihood (income or subsistence). Compensation for these losses is outlined below.

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Table ES 1: Resettlement (compensation) budget (UgShs)

Table ES 2: Additional payment (UgShs) for income restoration

DISTRICT

Transport assistance

Compensation for loss of

businesses

Compensation for loss of

employment

Payment for buildings approval

Construction of replacement

buildings

Banking charges for

new accounts

GRAND TOTAL

KAYUNGA 3,545,000 23,400,000

1,350,000 8,600,000 All preferred cash 7,090,000 43,985,000

BUIKWE 1,435,000 - - 5,700,000 All preferred cash 2,870,000 10,005,000

Sub-Total 2 4,980,000 23,400,000 1,350,000 14,300,000 - 9,960,000 53,990,000

Table ES 3:: RAP management budget (US dollar)

Item Duration Months Cost per month

(USD/ Month)

Total Budget notes

RAP implementation team

1 year 12 8,000 96,000 For all UETCL staff and local leaders. Cost includes per diems and living expenses

Facilitation of implementing units for Participatory monitoring

2 years (every quarter)

8 4000 32,000 Monitoring done every quarter

Office facilities and consumables

2 years 24 1000 24000

Fuel 2 years 24 1560 37440 40 litres of diesel/ day at USD1.5 per litre for 24 months

Sub-Total 3 189,440 All figures in Uganda Shillings (August 2011 exchange rate: 1 US Dollar= UgShs2475)

From tables above, total resettlement cost including RAP implementation expenses is a sum of subtotals 1, 2 and 3 (at prevailing US dollar exchange rate).

District Land Buildings & Other Improvements

Crops & Trees Disturbance Allowance (15%)

Total

Kayunga 1,084,229,481 835,187,384 456,967,800 356,457,700 2,732,842,365 Buikwe 261,426,196 260,296,825 168,025,500 103,462,278 793,210,799 Sub-Total 1 1,345,655,677 1,095,484,209 624,993,300 459,919,978 3,526,053,164

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1 PROJECT BACKGROUND& DESCRIPTION 1.1 Project Background Isimba Power Station is to be constructed on the Victoria Nile, downstream of Bujagali Power Station. The contract for feasibility studies and design was awarded to a consortium of engineering firms FICHTNER and NORPLAN in association with KAGGA & PARTNERS a Ugandan engineering consulting practice. The latter is responsible for managing the preparation of EIA, SIA and resettlement plan of the project. In 2008, the Uganda Government secured a loan from the Exim Bank of India to fund construction of Isimba HPP. Isimba HPP is expected to be fully operational in 2017. Power to be generated by Isimba hydropower dam would considerably increase the nation’s installed capacity of a renewable and cheaper energy supply. Without this project, 180 MW of electrical supply would be forfeited on the national grid. This would mean continued power scarcity and increased load shedding when supply is outstripped by demand. Isimba HPP is in line with Uganda Government’s continued pursuit for sufficient power supply to match present and foreseeable future national demand. Overall, the level of load shedding required is about 175 to 190 MW during peak hours, 70-90 MW during shoulder hours, and 60-120 MW in off-peak hours. 1.2 Project Design and Description A new 132 kV double circuit transmission line shall run from a substation at Bujagali to the new substation at Isimba HPP to connect the proposed HPP at Isimba to the national power grid. The power line will be 42 km long and have a 30 meter wayleave with a 5 meter right of way (RoW).The following general criteria were considered in selecting the line route:

Highly populated areas were avoided as much as possible to minimise resettlement, Crossings over other overhead lines, main roads and rivers was minimised, Easy access to tower locations and angle points to enable transportation of

conductor drums and stringing equipment, and future access for maintenance during line operation,

Due attention to environmental aspects. 1.2.1 Line Design Technical Description 1.2.1.1 Tower design and conductor configurations The following tower and conductor configurations are considered for the design investigations of the transmission line:

double circuit towers self-supported steel lattice towers vertical arrangement of phases, “I” suspension strings.

The conductor arrangement in three vertical planes is preferable for the double circuit line, considering the narrower line corridor as compared to the “Danube” arrangement.

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The double circuit line shall be equipped with one ground wire (OPGW) on the top. It shall be placed in such a way that the resulting shielding angle is 25 degrees. The detailed tower outline for the steel lattice tower (suspension type) is shown in Figure 2. Towers will be designed to withstand winds and seismic events. Tower foundations will mainly consist of concrete pad foundations or similar types decided by the contractor depending on site characteristics. 1.2.1.2 Line Corridor: RoW and Wayleaves The line corridor adopted in this project are consistent with International Electro-Technical Commission (IEC) principles for physical and electrical safety clearances, including sag and conductor swing clearances at tower positions, along spans and over various obstacles along the transmission route. The 132 kV Isimba transmission line will have a RoW width of 5 meters and a total wayleaves width of 30 meters (Figure 1). This RoW width, together with proposed conductor-to-ground, phase-to-phase and circuit-to-circuit clearances, conform to world clearance practices, including safety from electromagnetic fields and non-ionising radiation. The 30 meter wayleaves extending 15 meter either side of the centreline, ensures maximum public safety.

Figure 1: Corridor for 132 kV line (dotted line) showing meter RoW and 30 meter wayleaves.

RIGHT OF WAY

5 metres

15 metres

12.5 metres

WAY LEAVES 30 metre Corridor

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UETCL will permanently acquire land in the RoW and therein maintain a road for use during line maintenance. Therefore, no structures will be permitted within the RoW. The 25 meter stretch on either side of the RoW is meant for line and public safety. In this portion (of the way leaves), use of the land will be restricted but not totally prohibited. For instance animal grazing and growing crops less than 2 m in height are permissible, but not permanent structures.

Figure 2: Steel lattice towers proposed for the transmission line 1.2.1.3Conductors The phase conductor shall be a twin bundle aluminum conductor steel reinforced (ACSR) of type FLAMINGO as per ASTM B232. The line is designed to withstand a wind load on conductor of 19.04 N/m. The conductors are designed to have an allowable swing out angle of 56.6o. Wind load on Optical Ground Wire (OPGW) 12.91 N/m. 1.2.1.4 Tower foundation type Appropriate foundation types considering the site conditions of the projects shall be:

Rock foundations for hard rock and weathered rock conditions Pad and chimney foundations Slab foundations for poor soil conditions or ground water conditions.

A concrete grade not higher than C20/25 as per EN 206 shall be applied for the design and execution. 1.2.1.5 Insulators Rather than ceramic or glass, composite insulators that conform to IEC standards will be used for proposed 132kV transmission line. Composite insulators are 75 to 85% lighter than glass or porcelain. They are also impact resistance and repel water (hydrophobic) limiting discharges and flashover during rainy conditions.

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1.3 Transmission line route alternatives and reasons for disregarding them It is planned that the transmission line will to the extent possible be close to existing roads to enable easy access during construction and maintenance. Better roads are found on the western side of the river with a paved road running in north-western direction from Bujagali. On the eastern river side, the road running in north-western direction is of a poorer condition and areas to be traversed have considerable subsistence agricultural farming. Line alternatives evaluated are shown in figure below.

Figure 3: Transmission line alternatives A1, A2, B1 and B2 (A1 is preferred) 1.3.1 Line alternative A1 In this option the line starts from a substation at Bujagali HEP dam on the western bank of River Nile (see map in Annex 3). After 15 km, it crosses the road to bypass a big settlement on the western side. This bypass will be about 4 km long, before the line crosses again the country road and runs parallel to the road at the eastern side, reaching point 2 after 26 km from Bujagali HEP Dam. The line leaves the main road and turns into north–north-eastern direction to Isimba site. The area to be crossed is slightly hilly farmland with some small rivers and settlements. The access to the tower locations is ensured via existing roads. Along this route, the proposed Isimba dam site is 42 km from Bujagali HEP Dam. This is the preferred line route and a subject of this RAP. 1.3.2 Line alternative A2 As a variation of Alternative A1, the line would run parallel to the paved country road as long as possible in order to facilitate access for construction and maintenance. Starting at Bujagali, the line route is identical with Alternative 1 for the first section. After 26 km,

Proposed dam

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the line follows a country road for further 10 km bypassing a settlement area and turning to north-eastern direction parallel to a paved road in the direction towards Isimba. After 12 km, the line turns east reaching Isimba HPP after a distance of 55 km. 1.3.3 Line alternative B1 Starting at Bujagali substation on the western bank of the River Nile, the line crosses River Nile at a location downstream of the dam. Towers with 500-600 meter span will be necessary. Reaching the eastern bank of the river Nile, the line runs in north-eastern direction for a length of 3 km to a road which is in a fairly good condition but worse than one on the western side of the river. The line would then cross the road reaching settlement after 22 km from Bujagali HEP dam. The new substation at Isimba shall be positioned on the eastern side of the river in order to avoid a second river crossing. The total line length would be 40 km. 1.3.4 Line alternative B2 This alternative is a small modification of Alternative B1 and shorter by 2 km leading to overall line length of 38 km. In selecting the preferred route, the following aspects were considered:

access facilities soil conditions crossing highly populated areas crossings over main roads and rivers overall line length

1.4 RAP Implementation The RAP will be implemented to fulfil involuntary resettlement requirements of both Uganda Government and those of multilateral funding institutions, specifically the World Bank. All PAPs will be compensated and given a statutory 6-month period from the time of compensation, to vacate affected assets. Project implementation and effecting resettlement is subject to Uganda Government securing requisite funds. If resettlement payments are not made to PAPs within 2-3 years from the time of the first property valuation, this RAP and property valuation should be updated. 1.5 Measures to Reduce Resettlement In fitting with World Bank and other donor requirements, efforts were made to avoid or minimize negative social and resettlement impacts as much as possible. Selecting the optimum route entailed a balance of engineering, economic, environmental and social considerations, including reducing resettlement impacts wherever possible, as discussed below:

The route steers clear of major towns, namely of Nazigo, Kangulumira and Wakisi to the extent possible, the power line steered clear of natural and plantation forests.

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Non-agricultural, Government land, was selected wherever possible.

Alignments selected where human interference had already occurred as opposed to damaging other environmental areas.

Where resettlement and/or land acquisition was unavoidable, the shortest possible alignment was selected.

1.6 Objectives and Scope of the RAP This RAP is designed to provide guidance on how project affected persons in the project-affected areas should be equitably compensated and upon relocation, able to cope and lead a normal life as was, or a better than in pre-project conditions. The RAP is primarily prepared for structures and landowners in the corridor of the 132 kV line through Kayunga Buikwe districts. 1.6.1 RAP Objectives Objectives of this RAP were to:

Prepare a social profile of PAPs, To ensure that displaced people receive equitable compensation for affected

property, To raise awareness about the project and its impacts among affected communities, To establish the actual compensation costs necessary for resettlement and quantify

land area to be acquired for the 132 kV power line, To prepare resettlement strategies including entitlement matrix and

implementation arrangements that would mitigate adverse socio-economic impacts and grievances,

To prepare strategies to mitigate adverse impacts and grievances. 1.6.2 Scope of the RAP Scope of the RAP comprised of;

a) Consultation with project affected people in each village along the power line. These meetings sought to involve PAPs in formulating suitable compensation and resettlement strategies.

b) Review of Uganda legislation and guidelines on land acquisition, compensation, development of infrastructure projects.

c) Review of lenders’ (specifically World Bank) social safeguard policies on involuntary resettlement.

d) Census of all property owners to be affected by the project. (Note that lack of legal land ownership did not disqualify affected people from eligibility for resettlement assistance).

e) Property survey and valuation. f) Socio survey on a representative sample of affected households to obtain a

social profile of affected persons. The survey aimed to establish a baseline against which effectiveness of resettlement assistance could be measured.

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This survey was based on a comprehensive census questionnaire (Annex 2) and covered the following:

i) information on family/ household members ii) household land holdings and assets iii) livelihood in affected households iv) health & vulnerability v) household economic/ welfare indicators vi) expenditure patterns

g) Preparation of a resettlement action plan comprising entitlement matrix

and impact categories (Note that compensation and resettlement assistance were based on the premise that lives of affected people should not be worse off after displacement).

h) Implementation arrangements providing guidance on proper implementation of the RAP including institutional arrangements; implementation timeframe and compensation budget derived from property valuation and the top-up needed to bridge involuntary resettlement requirements of Uganda Government and those of the World Bank.

i) Consultation and participation of affected communities was undertaken throughout preparation of the RAP and their feedback incorporated, to the extent possible, in designing resettlement strategies.

j) Developing a grievance redress mechanism. k) Developing a monitoring, evaluation and completion audit framework.

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2 RAP METHODOLOGY The methodology adopted in preparing this RAP was consistent with the requirements of Uganda Government and those of international funding agencies, specifically World Bank Involuntary Resettlement Policy OP 4.12. Affected households and property were determined from the field surveys along the line routes and a census of affected persons. Social data of affected persons was obtained through interviews, meetings and questionnaires. Property surveying and valuation entailed inspection and referencing of land and buildings. Perennial crops and semi-permanent structures were valued based on rates set by respective local governments (districts) traversed by the transmission line. Permanent buildings were valued based on full replacement cost. Sections below provide detail of the methodology used. 2.1 Document Review Document review aimed to understand project design; general socio-economic profiles of project districts; Uganda’s legal, policy and institutional requirements applicable to this resettlement process; and multilateral lender’s requirements for involuntary resettlement. 2.2 Social Survey 2.2.1 Approach A social survey was conducted to establish profile of project affected people in areas traversed by the powerlines, in accordance with Ugandan requirements and World Bank OP 4.12 for involuntary resettlement. For RAP purposes a census covering all PAPs was conducted utilizing a questionnaire and information obtained from the social survey aimed to analyze poverty and welfare indicators in households, social-economic needs and impact on livelihoods of affected people. Broadly, social data gathered from the survey comprised of thematic categories such as: population and demographics; landownership and land use; businesses and socio-cultural resources. Among other things, ethnicity, gender, household income levels, literacy, vulnerability, health and resettlement preferences were also captured in the social survey. Prior to undertaking detailed social survey, sensitization meetings were held in each village along all the power line to disclose and explain the RAP study, explain the valuation process and how it is conducted according to Ugandan and World Bank guidelines. These meetings were conducted by a social survey team. In sensitization meetings, the project planning schedule was disclosed, cut-off for eligibility explained and rights of PAPs and grievance procedures outlined. All meetings were chaired by the village’s Local Council (LC1) chairpersons and aimed to create awareness about upcoming RAP, quell any apprehensions PAPs might have about resettlement hence enable them to provide true household and personal information during the social survey. Box below provides key thematic areas that comprised the census questionnaire.

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Box 2.1: Themes utilized in socio-economic data survey categories i) Population and demographics:

a) Number of physically or economically displaced people b) Ethnicity in project-affected area c) Views of project-affected people d) Vulnerable people e) Literacy levels f) Size of households including dependants

ii) Land ownership and land use:

a) Number of PAP dependant on agriculture for livelihood b) Land uses, crops and livestock types, type of housing c) Land tenure d) Income from agriculture and value of agricultural land e) Views of project-affected people

iii) Social-cultural and business:

a) Presence, number and types of cultural resources b) Presence and number of communal social facilities (schools, prayer houses, etc) c) Businesses (restaurants, video halls, eateries, bars, etc) d) Income from agriculture and value of agricultural land e) Views of project-affected people f) Expenditure patterns in households

Information from a census questionnaire was utilized in the RAP where beneficial. 2.2.2 Methods 2.2.2.1 Criteria of Identifying PAPs The criterion for identifying project-affected people (PAP) was that everybody whose property (land, building, crops) or income was affected in part or whole by the powerline project would be compensated. These PAPs were identified by the cadastral surveying team and constituted the census. Cadastral surveys and property valuation that fed into the RAP were carried out covering both the wayleaves and right of way (RoW) of proposed 132 kV powerline. The aim of the cadastral survey was to: Delineate land and properties to be affected by Isimba transmission line, Compile accurate list of the project-affected persons(i.e. owners and land users having

an interest in the road reserve), Enable valuation to establish monetary worth of assets, including structures

(permanent or semi-permanent) and perennial crops within the powerline corridors. 2.2.2.2 Census of PAPs The census utilized a census questionnaire (Annex 2) administered to all PAPs. Data collected in the census questionnaires was coded, entered in a database then analyzed

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using SPSS1microcomputer software. While census was collected for all PAPs, data analysis to provide social profile of affected persons was undertaken for a representative sample (40%) of all PAPs enumerated in the census. The census will be done by surveyor who will ensure 100% PAPs are enumerated. The census was undertaken together with property survey and valuation exercise. Results of the census were compiled into in an MS Access database, linked with the property valuation data. 2.2.2.3 Property Valuation Methodology Property valuation, the results of which (e.g. types and value of affected assets)will be utilized in this RAP, was done by an independent chartered surveying and valuation firm following the methodology described below. 2.2.2.4 Cadastral Surveying methodology During cadastral survey, local leaders (LCs) identified landowner/stakeholders and during identification process, adjacent landowner was present to verify boundary of the land area affected by the project footprint. Co-ordinates of affected land were taken to determine its size and location. Land of all people was surveyed and mapped indicating their respective tenure systems. Customary land tenants and registered owners were recorded and strip maps produced. For surveying, the following was done:

Obtaining all cadastral information (relevant data and maps) necessary to identification of property owners and other persons potentially affected by the project.

Digitizing existing cadastral maps obtained. Establishment of existing land tenure systems using existing maps, Obtain from PAPs and verify registered land title deeds from respective district

land offices. Preparing strip maps indicating land plots traversed by the line. Obtaining necessary authorization from Commissioner Surveys & Mapping

Department (Ministry of Water, Land & Urban Development). Associated Engineering Surveyors (AES) Limited used the following equipment for cadastral surveys:

GPS Magellan Mobile Mapper ProMark 3 2 GPS Data Grid MK1 (Two Sets) Total Station – 1 Leica TC 500 Total Station –3 Leica TC 1610 Sokkia Set 3 C Theodolite T2 + Distoma Steel bands, tapes, ranging rods, staves etc. Software: (Cadastral Survey Computations, AutoCAD, AutoCivil, and ARC Map).

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2.2.2.5 Basis of Valuation The basis of valuation for compensation purposes is provided in the Constitution of Republic of Uganda 1995 and the Land Act Cap 227. To ensure their replacement, the value of land and permanent buildings is based on the market value i.e. the probable value which the property will fetch when offered for sale. Approaches used to derive compensation rates for land and buildings are described below: a) Land Land in the Right Of Way will be fully acquired by the project proponent UETCL and no development after the cut-off date will be allowed since the UETCL plans to maintain an access road under the powerline for use during maintenance. Land is therefore valued at current market Value and a registered title would eventually be acquired by UETCL.

Although UETCL does not completely prohibit human activities within the wayleave, it restricts certain uses and heights in there. For example no buildings are allowed and crops therein grown must not exceed 1.8 meters in height. Land in the wayleaves is not acquired but since its use is restricted, it is “orphaned land” and valued at a proportion of the market value reflecting this restriction. Plantation crops such as tea in wayleaves that are shorter than 1.8 m are allowed beneath the line or in the wayleaves and are not compensated. However, allowance was made in the valuation exercise for their compensation if damaged during power line construction.

Registered land with title deeds was valued on the basis of open market value for comparable land in subject locations. Customary land was also valued in accordance with market value of comparable land. Market value is defined as "the value for which a property would exchange hands on the date of valuation between a willing buyer and a willing seller after proper marketing wherein the parties had each acted knowledgeably, prudently, and without coercion”. Market values were determined by the Valuer and based on property values governed by the following factors:

Location of land in relation to urban centers Economic activity in the area Physical and geographical factors Population density Vicinity to services such as water electricity and roads Cultural attitudes to land transactions.

Sources of information for market values were derived from enquiries in the villages/sub counties where affected land is found, estate brokers, and enquiries on market values from the various Land Offices in the project districts.

Compensation for land arising out of diminution is measured by loss in property value. ‘Diminution’ refers to the act of decreasing or reducing the worth of something (land, in

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this case) caused by an action of a second party or entity. Diminution is a form of land degradation as the affected land may not be used for its “highest and best use”. “Highest and Best Use” is defined as the reasonable probable and legal use of vacant land or improved property which is physically possible appropriately supported financially feasible and that results in the highest value. Compensation due in Right of Way (RoW) and wayleaves is explained below: i) RoW:

No land use activity is allowed. Payments for both registered land and customary land are calculated at 100% of

their respective market values. ii) Wayleaves:

Limited land use activity is allowed. Payments for registered land and customary land are calculated at the anticipated

loss in value (per acre or hectare) depending on the pre-project value as represented by the “highest and best use”. The diminution in Value would depend on the anticipated “highest and best use” (as defined above) and would differ from urban land, agricultural land or grazing land.

It is anticipated that the wayleave would be recorded on the owner’s title, as an encumbrance when payments have been made.

b) Buildings and Improvements Most of the buildings along the line route were mainly residential. Some were mud/wattle-iron roof houses and others were grass thatched. However, valuation also encountered some permanent structures built with cement, bricks and iron sheets. Buildings and structures were valued on the basis of Replacement Cost Method to arrive at their market value. World Bank’s OP 4.12 stipulates that depreciation of an asset and value derived from salvaging materials from razed structures should not be discounted when deriving replacement cost. Additionally the policy (OP 4.12) requires replacement value to include cost of materials transport to site, labour costs and any transfer fees or taxes involved in replacing an asset. Values of improvements of a permanent nature such as, fences- including chain link fences, block walls, gates etc. are assessed on the basis of current ‘replacement costs’ of similar or comparable structures. 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 prevailing technology. 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:

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Location in relation to urban centers Type and quality of materials used Workmanship and design of buildings Location of building in relation to sources of materials and labour Terrain of the building site and the possible amount of levelling involved Age of structure and condition of buildings

Buildings and other improvements (of a non-permanent nature) were valued based on respective district compensation rates. For rented commercial properties, Investment Method1 of valuation was used and necessary adjustments made to derive the final value. c) Crops Under the Local Government Act, the District Land Board in each local government has a mandate to develop own compensation rates for crops and semi-permanent structures. Respective District’s rates were therefore used to derive compensation values for crops, graves, fruit trees, flowers and shrubs owned by project-affected persons. According to Ugandan compensation regulations, seasonal crops (maize, beans, tomatoes) which could be harvested during the period of notice to vacate (3 or 6 months) given to land landowners/ occupiers are excluded from compensation unlike perennial crops such as coffee, bananas, fruit or timber trees. Valuation rates for these crops takes into account the possible income generated from them. d) Valuation Assumptions The following assumptions and limitations were encountered during property valuation:

i) Bibanja owners on private Mailo land have legal ownership rights as provided for by Uganda’s Land Act (Cap 227). An apportionment of land value of 60% and 40% share of the market value was given to the Mailo and bibanja owners respectively, depending on developments invested on the affected land. For example, a kibanja owner who has a permanent structure such as a house or perennial crops is entitled to a 60% share of the compensation value while a person with only temporary structures or annual (seasonal) crops is only entitled to 40%. This is generally adequate for replacement value.

ii) Acreage of kibanja holdings provided by the land surveyors represents the actual physical land taken from each kibanja owner.

iii) The acreage on "Private Mailo' titles are assumed to be the correct record as entered in the Lands and Surveys Department Registry.

1“Investment Method”was used for commercial (and residential) property that is producing future cash flows through letting or renting. The method derives market value of a subject property by reference to observed recent transactions of similar properties in the same area. Note that this method is really a comparison method, since the main variables are determined in the market.

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iv) The compensation assessed is for land and property as they existed at the time of inspection and valuation. Subsequent developments and structural improvements after cut-off date will not be considered for compensation purposes.

v) The property owners expect to be given a 6 months' quit notice, hence a 15% statutory disturbance allowance has been allowed in property values.

vi) Buildings which only have portions damaged are assessed as wholly affected and necessitating full compensation.

vii) Incomplete buildings and structures were valued in their existing (“as is”) state. viii) Where private Mailo land owners could not be identified or verified due to lack of

records in Central Lands Registry, the valuer assessed value of the land taken against the Plot Numbers on cadastral maps.

2.2.2.6 Disturbance Allowance As guided by Section 77 (2) of The Land Act Cap 227 (Computation of Compensation), disturbance allowance of 15% shall be awarded on top of the assessed amount. This is on the assumption that PAPs shall be given ample time (the required statutory period of 6 months) to give up their interests in affected property and relocate. Details of valuation assessment of every owner/claimants are presented in a separate Valuation Report.

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3 LAND ACQUISITION AND RESETTLEMENT IMPACTS

3.1 Census

A census was conducted to cover all potentially affected persons along the line routes in Kayunga and Buikwe to establish their number, types and size/ quantity of affected assets. Along Kayunga-Buikwe line route, 987 households would be affected. 3.2 General Description of the Types of Impacts Generally potential impacts to accrue from the proposed powerline project will be as discussed in sections below 3.2.1 Impact on Structures Along the routes, permanent and semi-permanent structures within the line right of way (RoW) or wayleaves will be affected by the proposed power line. Structures in the RoW will be compensated and permanently removed. For safety, there restrictions on height of structures allowed within a high voltage wayleaves and this will affect structures (dwellings, institutional or commercial) in the line corridor. While some PAPs would be able to reconstruct their structures a small distance away from the line corridor because they have sufficient unaffected land, others might not have adequate left land, hence require complete relocation. 3.2.2 Impact on Livelihoods from Loss of Businesses, Land or Crops There will be PAPs losing buildings, land and crops on which they depended for a living, hence economic displacement. This applies to people whose business are affected, relocated, or persons who are employed in affected business, or those who lose livelihood (income or subsistence) due to loss of crops. This impact will occur most significantly along the entire line route but least likely in Buguvu, Kotwe, Kiribeda (Kayunga district), Namiyagi and Kikubamutwe village (Buikwe District) where no structure will be affected and PAPs are fewer in number.

Plate 2: Retail shop at Kisega which will be affected by the 132kV transmission line.

Plate 1: Banana plantation at Nampanyi which will be affected by the 132kV transmission line.

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3.2.3 Impact on Cultural Resources Cultural resources to be affected were noted to be burial grounds of relocated households and shrines of traditional worship (one in Kirimantungo). In Uganda commonly, households have their burial grounds on the same parcel of land where they live and if a household was physically displaced from their current landholdings, these cultural resources would be relocated as well. However, if a PAP reconstructs their house on the same parcel of land, it is unlikely that their burial grounds would be relocated unless they were in the power line’s RoW. Figure below shows example of a shrine (traditional place of worship) that will be affected by the proposed project. Plate 3: A shrine (see arrow) owned by Nsibirwa Charles which will be affected by the proposed power line. According to Uganda laws, graves are among assets that are compensated (based on rates established by District Land Board) when they must be relocated. 3.2.4 Impact on Community Facilities There are community facilities that will be affected for example school staff quarters for UMEA Primary School in Kamuli village and entire school ofMaama Maria Primary School in Kisega village, a communal borehole in Nateeta village will be under the proposed powerline and church land in Kiwalasi and Kirugu villages will be affected.

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Plate 4: A community borehole and a school which will be affected by proposed 132kV line. 3.2.5 Affected Households and Communal Facilities Tables below show number of affected households and categories of assets affected. Communal facilities affected by the line as shown. Along the proposed line routes, community resources to be affected are shown in Table 1 below and these include schools and places of worship. Table 1: Community resources to be affected by Isimba 132 kV line

Name District Village Right of Way (sq.meters)

Way Leave (sq.meters)

1 Church Kayunga Bakuta 251.426 1257.130 2 Borehole Kayunga Bakuta 607.409 3037.045

3 Kamuli UMEA Primary School Kayunga Kamuli 313.842 1602.763

4 Kangulumira Catholic Church Kayunga Kiwalasi 2095.732 10651.702

5 Wakisi Baptist Church Buikwe Wakisi Central 128.142 524.285

6 Mary Primary School Buikwe Kirugu-Wakikoola 210.263 1051.315

7 Holy Family Sisters Kayunga Kiremzi B 698.117 3490.887 8 Kirugu Miracle Center Buikwe Kirugu Wakikoola 0.000 33.425

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4 SOCIO-ECONOMIC PROFILE OF PAPs 4.1 Socio-economic profile and census data Sections below provide baseline socio-economic conditions along the proposed power transmission line. 4.1.1 Isimba 132 kV Transmission Line The proposed 132 kV double circuit line traverses districts of Kayunga and Buikwe. Villages traversed by the line and baseline conditions therein are provided in sections below. In Kayunga district, the power line starts from Nampanyi; it then traverses other villages like Namakandwa, Kireku, Lusenke, Buguvu, Bakuta, Bunzibiridde and ends up in Bukeka. In Buikwe district, the line then traverses Marigita, through Namiyagi, Kirugu and ends up at Kikubamutwe. 4.1.2 Landuse and Settlement along line route The 132 kV line traverses areas with subsistence agricultural farmlands, all the tree plantations are owned by private individuals. Along the line route there are not found any central forest reserves managed by the National Forestry Authority (NFA) that would be affected by the proposed powerline. Settlement along the districts is linear and majority of affected structures comprise a combination of burnt brick-iron roof houses and mud/wattle-iron roof houses. 4.1.2.1 Demographic Information a) Average Affected Household In the “project affected” areas, the social survey indicated that the average affected household in both Kayunga and Buikwe districts, comprised of 8 people per household this is higher than the national mean household size of 5.08. Children below and above 18 years in the affected households are presented in Table 2below while Table 3shows affected household heads with children above 18 years living on affected land. Table 2: Number and age of children in affected households Kayunga Gender Average number of children

2-5 children 6-10 children 11-15 children Total Males (%) 10.9 51.7 25.6 88.4 Female (%) 0.8 4.7 6.2 11.6 Total (%) 11.6 56.6 31.8 100 Buikwe

Males (%) 26.7 41.7 23.3 91.7

Female (%) 1.7 3.3 3.3 8.3

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Total (%) 28.4 45 26.7 100 Source: primary Data

Table 3: Household heads with children above 18 years residing on affected land Kayunga Gender Children above 18

Yes No Total Males (%) 61.8 24.7 86.5 Female (%) 9.0 4.5 13.5 Buikwe

Males (%) 91.7 - 91.7

Female (%) 8.3 - 8.3 Source: Primary data

Table 2 shows that in Kayunga district, a small number of children in affected households were below 5 years of age (11.6%) where as in Buikwe district; the percentage was higher (28.4%).Although many PAPs had preference for cash compensation instead of replacement of physical assets, this would reduce effect on infants who would be at risk of reduced care and malnourishment if affected households squandered cash payments meant for restoration of livelihoods or replacement of assets. b) Gender and marital status of household heads Most heads of affected households surveyed were male compared to female household heads as shown in figure below:

Source: Primary data

Figure 4: Gender distributions among affected household heads In Kayunga district, the largest number of project affected household heads were male 84% compared to females 16% and in Buikwe district, affected male household heads were 83% compared to 17% female. Therefore the project is anticipated to have lesser impact

84%

16%

Kayunga Gender Distribution

Male Female

83%

17%

Buikwe gender distribution

Male Female

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on female-headed households who are often vulnerable(because they are widowed, divorced or separated). c) Land ownership and tenure More men than women owned land in the project-affected areas. Most of the women who owned land were either widows who inherited the land from their husbands or parents. A significant number of people owned plots or (“kibanja”)on private land. This statistic reflects the fact that most affected households are male-headed but also presents a risk (to women) of increased vulnerability if spouses squandered cash compensation payments. 4.1.3 Livelihoods a) Occupations Agriculture employed the majority of PAPs in districts traversed by proposed Isimba 132 kV transmission line. Subsistence farming combined with limited cash crop production area major source of livelihood along the line route. Small-scale agro-processing for example the maize milling factory at Nampanyi in Kayunga district (owned by Mr.Kimbo Sulaiman) was also found along the proposed line route. Some few PAPs had employment as civil servants, traders and casual labourers but this was mainly in Buikwe district. Table 4: Occupations of project-affected household heads

Occupation of household heads % Kayunga District:

Private formal manufacturing 10.7 Private formal service 16.7 Private informal retail 2.4 Private agriculture 68.5 Public government 1.8

Buikwe District: Private formal manufacturing 6.7 Private formal service 12.4 Private informal retail 7.9 Private agriculture 66.3 Public government 3.4 Student 2.2 Others 1.1

Source: primary data

b) Agriculture The power line will traverse stretches of land where the key source of livelihood is subsistence cultivation. Along the entire line route, common food crops grown include bananas, cassava, beans, yams, sweet potatoes, horticultural crops, ground nuts, and sugarcane. The prevalent cash crop in both Kayunga and Buikwe districts is coffee but in Kayunga district pineapples are also commonly grown on large scale. Beans, rice, maize,

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cassava, bananas and sweet potatoes, are traditionally grown as both cash and food crops. Table below shows occupations of PAPs. Figure below shows proportion of PAPs who grew indicated crop types.

Source: primary data

Figure 5: Percentage of PAPs growing given food crops by districts Cash crops

Source: primary data

Figure 6: Types of cash crops grown by the districts.

Observations above show that land take associated with the proposed powerline would therefore affect both subsistence and cash crops. c) Incomes and spending patterns i) Income from subsistence agriculture Agriculture is a significant source of income for project-affected households along rural sections along the 132 kV line route. Household surveys revealed that farmers mainly sell their crops for income and they earn as much as much as 10,000 per day or as little as UgShs 2,000 per day depending on the season and type of crops sold. Very few households

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engaged in livestock farming and they earned as an average 1000-2000 per day mainly from sale of a few litres of milk. Table 5: Agricultural income levels and sources amongst PAP Crops grown Agricultural incomes ranges (shillings) Kayunga District

100,000-500,000

600,000-1000,000

Above 1000,000

Total

Maize( %) 3.4 5.9 31.4 40.7

Coffee (%) 6.8 2.5 44.9 54.2

Pineapples (%) - 0.8 3.4 4.2

Sugarcane (%) - 0.8 - 0.8

Buikwe District Maize 4.1 - 17.6 21.6

coffee 17.6 4.1 56.8 78.4 Source: primary data

ii) Trading Trading was another source of livelihood among PAPs in all the two districts traversed by the 132 kV power line. Most shops in the project-affected areas were small-scale retail establishments selling household consumer goods such as salt, sugar, grain, cooking oil and other household items. iii) Spending Patterns From interviews, potentially affected households spent their incomes mainly healthcare, transport, clothing dependants and food (especially in or near trading centers), clothing and rent as shown in table below. Table 6: Spending patterns among affected households

Spending Patterns Rank* Kayunga District School fees 6 Health Care 1 Food 5 Clothing 3 Transport 2 Dependants 4 Rent 7 Other 8 Buikwe District School fees 4 Health Care 1 Food 7 Clothing 3 Transport 2

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Spending Patterns Rank* Dependants 6 Rent 8 Other 5

Source: Primary data (* Rank 1= Item most spent on; 10= item least spent income on)

Medical expenses were also reportedly high due to lack of adequate healthcare facilities (clinics and drug stores) especially along rural sections of the line route. Almost all house rental expenditure was encountered in trading centers but insignificant along rural stretches where people owned their residential dwellings. 4.1.3 Ethnicity and religion With regard to ethnicity, most project-affected persons in Kayunga were mainly Baganda (42.4%) followed by the Basoga (19.4%),Bagisu (9.4%) Japadhola (5.8%), Bagwere(2.4%) Samya (1.2%) Lugbara (0.6%) and the other tribes constituted(18.8%).In Buikwe District the main tribe was Bagwere (23.9%) followed by Banyole (19.3%), Samya (18.2%), Basoga (10.2%), Bagisu (4.5%), Japadhola (1.3%) and other tribes (3.3%).

Source: Primary data Figure 7: Ethnicity (%) among PAPs along proposed 132 kV line route 4.1.4 Health and Sanitation Prevalent diseases among PAPs along this line route were malaria, flu and cough but the most common venereal diseases were HIV/AIDS and syphilis. Lack of healthcare services and inadequate drugs were major problems cited by PAPs during interviews. The high HIV/AIDS prevalence also demands the contractor to have a good HIV/AIDS policy to ensure, and provide continual awareness to workers and community. Table 7: Six commonest diseases reported in affected households

Most common Diseases % Kayunga District Malaria flu 78.6 Cough 21.4 Distance to health centre % Less than 5 km 84

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Most common Diseases % Kayunga District 5-10 km 16.0 Total 100 Buikwe District Malaria 84.5 typhoid 13.8 measles 1.7 Distance to health centre Less than 5 km 97.6 5-10 km 2.4

Source: Primary data

Table 8: Most common diseases among children Diseases Kayunga District % Malaria 97.4 Typhoid 0.7 Measles 0.7 TB 1.2 Buikwe District Malaria 84.5 Typhoid 13.8 Measles 1.7

Source: Primary data

Table 9: Most common venereal diseases

Diseases Kayunga District % HIV/AIDS 50.4 Gonorrhoea 2.4

Syphilis 47.2 Buikwe District HIV/AIDS 79.8 Syphilis 20.2

Source: Primary data

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Table 10: Household annual expenditure on commonest diseases Kayunga District

Disease Below 10,000

Annual expenditure on healthcare (UgShs)

11,000-20,000

20,000-30,000

Above 30,000 Total

Malaria 20.1 37.7 7.5 12.6 78.0 Cough 2.5 13.2 3.8 2.5 22.0 Total 22.6 50.9 11.3 15.1 100 Buikwe District Malaria 40 54.3 4.3 - 98.6 cough - 1.4 - - 100 Source: primary data

Very few PAPs reported having family members with mental and physical disabilities that would constitute severe vulnerability. In the project affected households for both Kayunga and Buikwe district, there were: lame people (3%), blind (2%) and no case of mental disability.

Source: Primary data

Figure 8: Households with any form of disability 4.1.5 Water and Sanitation Along the proposed line route, the common sources of domestic water were communal boreholes and protected springs. In Kayunga District (Nateeta village) there is one borehole that will be affected by the powerline route.

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Source: Primary data

Figure 9: Water sources in project affected area 4.1.6 Education and literacy among PAPs In both Kayunga and Buikwe Districts it was observed that there more literate males PAPs than females as shown in the Table below. Table 11: Percent literacy levels among PAPs in Buikwe and Kayunga Districts

Sex Primary O-level A-level University None Total %

Kayunga Male 48.9 24.2 2.2 3.4 5.3 84.3 Female 6.7 4.5 - 0.6 3.9 15.7 Total 55.6 28.7 2.2 3.9 9.6 100

Buikwe Male 48.9 17 - 5.7 11.4 83 Female 8 2.3 - - 6.7 17 Total 56.8 19.3 - 5.7 18.2 100

Source: Primary data

4.1.7 Fuel Sources in Project Area Most PAPs along the proposed line route had no access to grid electricity and fuel wood was the main source of cooking energy (see figure below).

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Source: Primary data

Figure 10: Fuel sources in affected household

Source: Primary data Figure 11: Religion among PAPs along proposed 132 kV line route In Kayunga District, the biggest number of PAPs in households surveyed were Protestants (40.2%) followed by Catholics (39.7%) and Moslems (15.2%).The same was the case in Buikwe District, where the biggest number of PAPs were protestants (39.4%)followed by Moslems(32.6%), Catholics(21.3%) and other religious denominations comprised of (6.7%).

020406080

100

Firewood

Charcoal

Kerosene

Datenreihen1 94.2 4 1.8

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Sources of fuel in Kayunga

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5 LEGAL FRAMEWORK Uganda being a recipient of considerable donor support, including the World Bank, subscribes to World Bank Operational Policies (OP). In order to appropriately finance development in Uganda; donors such as World Bank prepare specific country development strategies which foreshadow potential sectors of development and project in which the country may require financing. However, although donors do have their requirements, such as the various social and environmental safeguards, they also require that projects do not contradict development planning, policies and legislation of a recipient country. Therefore, this section below presents an overview of the national energy sector and World Bank country support strategy for Uganda followed by discussion of World Bank operational policies and Uganda national institutional and legal frameworks that are applicable to this project being implemented and/or the impact assessment. 5.1 Overview of Uganda’s Energy Sector The energy sector is a key pillar for economic development in Uganda but still characterized by low generation capacity and dependence on low-grade sources of energy especially traditional biomass (wood fuel, charcoal) still accounting for more than 90% of the total energy consumption. The level of electrification is very low and only about 5% of the entire population are connected to national grid. In rural areas, where more 85% of population lives, only about 1% of the households are connected to grid power but national energy demand growth averages about 8.5% annually. The major sources of energy in Uganda are biomass, petroleum and hydro-electricity. These provide 96.5%, 1.5% and 2%, respectively of the total energy consumed in the country. Despite Uganda’s vast hydro-power potential estimated at 3000 MW (mostly along River Nile), less than 10% of this potential is exploited. Key challenges in the sector include nearly two decades of political turmoil, civil strife and economic decline which curtailed commercial energy supplies and low efficiency in energy production and use. The overall result has been pressure on forests, leading to environmental degradation. Outline of current situation, reforms and future plans are hereunder presented. a) Current hydropower generation and installed capacity: Depending on national economic growth rate and the type of industries that will be set up, power needs in two years will be between 10% and 12% or 100 MW more than today’s demand. This translates to about 550 MW that will be required in the next two year. The demand for power is 50 MW each year. Uganda’s installed power capacity is 600 MW in August 2012. However the actual power generated is 380 MW yet the power demand is 450 MW. If the country installs 800 MW in two years the power generation will be around 600 MW. This will put loading shedding to an end. The increase in electricity demand has been largely driven by growth in economic activities in the country whereas supply has remained constrained due to hydrological constraints1.

1Electricity Regulatory Authority (ERA) Newsletter Issue 6, December 2011.

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Uganda’s access to grid electricity is low with majority of the population depending on traditional biomass energy. Only a small proportion of the population has access to grid electricity supply. Since 1999 a number of projects have been initiated to improve Uganda power supply and increase access to electricity. Many of them are being developed by the private sector. Bujagali hydro-power project has been fully commissioned to add 250 MW to the national grid. There are also hydro-electric projects like Isimba, Karuma, Ayago North and Ayago South. The West Nile Rural electrification company is providing thermal electricity supply to Arua and Nebbi districts. The firm has also constructed and commissioned 3.5 MW Nyagak power plant to supply power to West Nile region .Japan will construct small hydro-power projects in Uganda, especially in rural areas but is also investing in larger hydro-power projects, like the 600 MW Karuma hydro-power plant which is at tendering stage and 10 MW hydro –power station on River Muzizi. Other companies that are executing power projects are Hydromax (10 MW at Buseruka, Hoima) and plans to distribute power to Hoima, Masindi and Kibaale and Kilembe Investment, which has invested in the distribution of power in Kasese and north-western Bushenyi. Mount Elgon Power Company is developing a 12 MW power plant from five sites in Mount Elgon ranges so that electrical power can be added onto the national grid. The Norwegian Power Group (SN Power Invest AS, Alston and Norplan) is planning to develop four power plants of up to 4 MW at Waki, Muzizi, Nengo Bridge and Mubuku. Tronder Power is operating 13 MW Bugoye hydro-power plant in Kasese. Kasese Cobalt Company is operating the 10 MW Mubuku hydro plant, while Kilembe Mines is also operating the 5.6 MW hydro-power plant in Kasese. Other firms include Eco Power for the Ishasha hydro-site and China Shang Sheng International for the Kikagati hydro-site. With more investment in power industry by the private sector and Government, Uganda will have 800 MW installed in 2014. This includes the 280 MW produced by Kiira and Nalubaale power dams and the 250 MW Bujagali project in Jinja. b) Reforms in the sector: Uganda has experienced significant reforms in the power sector since mid-1990s due to:

a. Government policy of economic liberalization. b. Power sector reforms and privatization. c. Emergence of new investors/project developers in power generation. d. New private sector service providers in electricity distribution. e. Increased private sector suppliers of electricity infrastructure equipment and

materials (e.g. solar systems, conductors, transformers, treated poles, etc). Following the power sector reform in 1999 and enactment of a new electricity law (Electricity Act, 1999), Electricity Regulatory Authority (ERA) was established to regulate the energy sector independently of the Ministry Energy and Mineral Development (MEMD) which now dwells on policy development. The Uganda Electricity Board (UEB), the national utility company, lost its monopoly by this enactment. As part of the liberation process, Uganda Electricity Board (UEB) which was initially responsible for power generation, transmission and distribution was unbundled to create different business entities for generation, transmission and distribution. The generation and distribution businesses have been leased to private operators on long-term

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concessions while transmission will remain in the public a public function in the medium-term. New generation capacities are being developed by Independent Power Producers (IPP). These reforms have resulted in:

A number of private sector players have been attracted into the energy sector and this has increased power generation.

Private sector players have acquired concessions for existing generation plants and in the distribution network.

A number of private investors are investing in new power generation ventures. c) Government’s future plans: Meeting energy demand of a growing economy on a sustainable and efficient basis and improving peoples’ living standards is a major priority of Ugandan Government. The main challenge in the energy sector is how to develop Uganda’s considerable hydro-electric potential (and possibly its petroleum resources), simultaneously increase biomass resource base and use the present energy resources efficiently. The overall Government policy objective for the energy sector is to continue to improve the quality and quantity of energy supplies at least cost, while promoting efficiency and conservation of energy. A number of advances have been made in the recent past to ensure adequate and reliable supplies of energy to the economy. A Hydropower Power Development Plan has been concluded and a long-term energy sector reform project is ongoing. In the meantime, energy stop-gap measures have been put in place introducing thermal generation to reduce load shedding and power outages. In addition, the Uganda Government plans to utilize newly discovered oil and gas resources for thermal power generation, which should lower cost of thermal power currently produced from imported fuel stock. The Government has developed a short-, medium- and long-term plan to ensure that electricity supply matches demand at any time in the future from 2010 onwards. The plan involves:

Construction of two large hydropower plants within the next 4 years, and planning development of other large hydropower dams.

Increasing generation capacity using fossil fuels (targeting oil and gas from newly discovered petroleum reserves),

Enhancement of renewable energy development, and, Emplacement of energy efficiency measures.

To facilitate implementation of the plan, an Energy Fund was established to enable Uganda Government to speed up investments in hydropower projects and transmission infrastructure.

Some major power projects currently under development or planned are:

a. Karuma HEP dam (600 MW), b. Isimba HEP dam (100 MW); c. Ayago Hydropower project (550 MW)

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d. Other sites planned in Murchison Falls National Park (600 MW). Uganda has abundant energy resources, especially hydrological and other renewable resources, yet there is widespread “energy poverty” all over the country. There is an urgent need to develop the sector and improve energy supply for sustainable economic growth. An inadequate and inefficient power system arising from low generation capacity growth, poor transmission and distribution infrastructure currently characterize the energy sector. Therefore, the sector needs large investments if supply coverage is to rise appreciably. Sustainable development is difficult to achieve with economic poverty and environmental degradation associated with low supply coverage, deforestation and health impacts associated with indoor use of biomass fuel by rural poor households prevalent in the country. Therefore, the Government has a challenge of expanding access to affordable, reliable and adequate energy supplies to address poverty in line with its national development plan. Consequently, development of the country’s hydropower potential and transmission lines to evacuate generated power to demand centers is a key undertaking of Uganda Government’s effort to develop the power sector and increase access to grid electricity supply. Hence, the proposed Isimba 132 kV transmission line is one of the interventions to achieve this objective. 5.2 National Policies 5.2.1 National Environment Management Policy, 1994 The overall goal of this policy is promotion of sustainable economic and social development, being mindful of the needs of future generations. ESIA is one of the vital tools it considers necessary to ensure environmental quality and resource productivity on long-term basis. The policy calls for integration of environmental concerns into development policies, plans and projects at national, district and local levels. Hence, the policy requires that projects or policies likely to have significant adverse ecological or social impacts undertake an ESIA before their implementation. This is also reaffirmed in the National Environment Act (Cap 153) that makes ESIA a legal requirement for “Third Schedule” projects. Isimba 132 kV power line is a “Third Schedule” project, hence necessitating a full EIA before its implementation. Broadly the policy requires projects with potential to cause social impacts such as: economic benefits, employment, community skills development, improved standard of living, alternative livelihood, improvement of living conditions for women, economic exposure and development, cultural change or domestic water pollution, etc, to undertake impact assessment and develop mitigation or enhancement recommendations and actions. 5.2.2 The Energy Policy, 2001 The policy goal is to meet energy needs of Uganda’s population for social and economic development in an environmentally sustainable manner. The policy recognizes linkages between the energy sector and other sectors such as economy, environment, water resources, agriculture, forestry, industry, health, transport, education, decentralization and land use. Hence at the sectoral level, the policy strengthens provisions of the National Environmental Management Policy, 1994 that emphasises need for environmental impact assessment. This policy recognises the energy sector as potentially having more significant

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environmental impacts than most other economic sectors. Since energy development and environmental damage are related, the policy recognises need to mitigate both physical and social environmental impacts of energy projects. Specifically, the energy sector seeks to meet the following broad objectives:

To establish availability, potential and demand of various energy resources To increase access to modern, affordable and reliable energy services. To stimulate economic development To manage energy-related environmental impacts

In pursuit of these objectives, Uganda government will invest in constructing a transmission line associated with the proposed Isimba hydropower dam. In implementing this project, Government is committed to ensuring that socio-environmental issues are addressed through this Environmental Impact Assessment.

5.2.3 National Development Plan (NDP), 2010 In February 2010, the Government of Uganda finalized a new 5-year National Development Plan (NDP) spanning 2011-2015 and this took from achievements of the Poverty Eradication Action Plan (PEAP) which was implemented up to 2008. The NDP’s main theme is “Growth, Employment and Socio-Economic Transformation for Prosperity,” marking a broadening of the country’s development strategy from poverty reduction to structural transformation with the aim to raise growth and living standards. The NDP is the first in a series of six plans intended to transform Uganda over 30 years into a modern and prosperous nation. Based on economic forecasts, GDP growth rate over the National Development Plan (NDP) period is projected at an average of 7.2 per cent per annum. At this GDP growth rate, nominal per capita income is projected to increase from USD 506 in 2008/09 to about USD 850 by 2014/15. During the same period, the proportion of people living below the poverty line is expected to decline from the level of 31 % in 2005/06 to about 24.5 % in 2014/2015, above the MDG target of 28 %. The NDP also addresses structural bottlenecks in the economy in order to accelerate socio-economic transformation for prosperity and key among these is low access to grid electricity which government plans to reduce by increasing expansion of the national transmission grid. Indeed the Isimba Transmission line Project and associated substation will contribute to implementation of the Plan, increasing power available to the Ugandan people, leading to improved economic development. 5.2.4 National Water Policy, 1999 The objective of the policy is to provide guidance on development and management of the water resources of Uganda in an integrated and sustainable manner. Especially related to the project, the policy demands control of contamination that could affect nature watercourses. It also requires water abstraction (as would be required by workers camp during line construction) to be guided by permits issued by Directorate of Water Resources Management.

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Impact on community water sources, would pose long-term social impact of “water poverty” in affected communities. For instance in Kiwalasi village in Kayunga District, a water borehole owned by the Town Council will be affected in the area since it lies within the line’s wayleave. Although this should not impede continued use by community, its damage during line construction would bear widespread social impact. 5.2.5 Wetlands Policy, 1995 The National Policy on conservation and management of wetlands aims at curtailing their loss and ensuring that benefits from them are equitably distributed to all people of Uganda. The wetlands policy calls for:

i) Sustainable use to ensure that benefits of wetlands are maintained for the

foreseeable future; ii) Environmentally sound management of wetlands to ensure that other aspects of

the environment are not adversely affected; iii) Equitable distribution of wetland benefits; iv) Application of environmental impact assessment procedures on all activities to be

carried out in a wetland to ensure that wetland development is well planned and managed.

Isimba 132 kV line will traverse wetlands in some places and therefore construction will be managed under requirements of this policy. Some of these wetlands are used for small-scale fringe fishing by some local communities. Wetlands adjoining River Nile are used for small-scale fishing and rice growing in especially at Bunzibiridde village in Kayunga District. 5.2.6 National Gender Policy 1997 The overall goal of the National Gender Policy 1997 is to mainstream gender concerns in the national development process in order to improve social, legal/civic, political, economic and cultural conditions of the people of Uganda, in particular women. Thus in the context of the power sector, it aims to redress the imbalances which arise from existing gender inequalities and promotes participation of women in all stages of the project cycle, equal access to and control over significant economic resources and benefits. This policy would especially apply to recruitment of power line construction labour where women are expected to have equal opportunity as men for available jobs. This policy also requires provision of environment that is conducive to women as well as for men in addition to gender-disaggregated impacts and vulnerabilities. 5.2.7 HIV/AIDS Policy In Uganda current efforts to combat HIV/AIDS are characterized by a policy of openness by Government and this has, to a large extent, been emulated by civil society, political and social institutions, and households. HIV/AIDS in the context of national development planning is attended to through NDP and Vision 2025. Main streaming HIV/AIDS prevention

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in all programs including infrastructure projects is an important aspect of a national overarching policy. HIV/AIDS is recognized by Ministry of Health as considerable risk in construction of infrastructure projects and it (together with the Ministry responsible for labour) encourages employers to develop in-house HIV/AIDS policies, provide awareness and prevention measures to workers and avoid discriminating against employees or applicants living with or affected by HIV or AIDS. To ensure HIV/AIDS is addressed in the work place, the policy encourages awareness and education training on HIV/AIDS for employees. To protect the infected and affected persons from discrimination, employers are required to keep personal medical records confidential. Employees living with, or affected by, HIV/AIDS, and those who have any related concerns, are encouraged to contact any confidant within the organization to discuss their concerns and obtain information. These requirements are expected to be fulfilled by the power line construction contractors and their subcontractors as part of the health and safety contract conditions. 5.2.8 Occupational Health & Safety (OHS) Policy This policy seeks to:

Provide and maintain a healthy working environment. Institutionalize OHS in the power-sector policies, programmes and plans. Contribute towards safeguarding the physical environment.

The OHS Policy Statement is guided by the Constitution of the Republic of Uganda and other global, national and sectoral regulations and policies. The Policy Statement also takes into recognition of the Energy Policy and the Health Sector Strategic Plan, all of which aim to improve the quality of life for all Ugandans in their living and work environment. This policy will be especially relevant for OHS of power line construction crews and subsequently, maintenance personnel. This also will have relevance in mitigation measures that protect the public from health and safety impacts as a result of the project, construction and subsequent operation and maintenance activities. 5.2.9 Uganda Resettlement/Land Acquisition Policy Framework, 2002 With regard to compensation and resettlement issues, the main pieces of legislation are the Constitution of Republic of Uganda/and the Land Act both of which require that:

Compensation should be aimed at minimizing social disruption and assist those who have lost assets as a result of a transmission line project to maintain their livelihoods. In accordance with Ugandan laws and standards, a disturbance allowance is to be provided to assist the project affected individual or family to cover costs of moving and locating to a new holding. This disturbance allowance however might not be sufficient to cover income losses.

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Community infrastructure must be replaced and ideally be improved in situations where it was deficient. This includes installation of sanitary facilities, electricity generation systems, road links and provision of water.

These aspects will be complied with, along with World Bank policy requirements, as guided by the project’s separate Resettlement Action Plan document. 5.3 National Laws and Regulations It is expected that there will be both significant and less significant social impacts, as a result of the Project. Most relevant Laws and Acts Many relating to this Project specifically make reference to involuntary land acquisition and resettlement impacts, with one relating to cultural issues. These Ugandan laws are discussed below: 5.3.1 Electricity Act, Cap 145 Section 68 of the Act provides guidelines for the placement of power supply lines on land, stating that a developer shall as much as possible minimize damage to the environment and ensure prompt and adequate compensation to persons affected by the project. Section 69 requires a developer or licensee who intends to enter land under the management or control of the Uganda Land Commission or a District Land Board, to give 30 days’ notice to the Uganda Land Commission or a District Land Board, stating the nature and extent of the acts intended to be undertaken and this responsibility will rest with UETCL in case of Isimba Transmission line project As is the requirement for this Act, UETCL will be obligated to ensure equitable compensation to all PAPs to replace affected assets and restore their livelihoods in a timely manner. 5.3.2 Constitution of the Republic of Uganda, 1995 The Constitution of the Republic of Uganda (1995) provides government and local authorities a statutory power of compulsory acquisition of land in public interest, and makes provision, inter alia, for the “prompt payment of fair and adequate compensation” prior to the taking of possession of any privately-owned property. Such compensation is assessed in accordance with the valuation principles laid out in Section 78 of the Land Act (Cap 227), briefly outlined below:

The value for customary land is the open market value of unimproved land; The value of buildings on the land is taken at open market value for urban areas,

and depreciated replacement cost for rural areas; The value of standing crops on the land is determined in accordance with the

district compensation rates established by the respective District Land Board. Annual crops which could be harvested during the period of notice to vacate given to the landowner/ occupier of the land are excluded in determining compensation values;

In addition to the total compensation assessed, there is a disturbance allowance paid of 15% or, if less than six months’ notice to vacate is given, 30% of the total sum assessed.

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Along with World Bank requirements, all compensation and resettlement will follow Uganda’s constitution, out of which all regulations are developed. The Constitution also recognizes land tenure regimes and rights discussed below. 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, applicable tenure systems along the 132 kV line route are Mailo and customary ownership. These systems are detailed under Section 4 of the Land Act (Cap 227) and outlined below:

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. 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

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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 (kibanja1) 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 UgShs 1000 about US 60 cents per household per year according to land law). No title deed is associated with kibanja purchase: the Mailo owner would simply write a sale (purchase) agreement witnessed by village local leaders (LCs), 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 60% and 40% 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 a permanent structures or perennial crops is entitled to a 60% share of the compensation value while one with only temporary structures or annual (seasonal) crops is entitled to only 40%. 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 occupant2. 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 WB safeguard policies require compensation of PAPs irrespective of legality of their tenure on land. ii) Rights of spouse 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.

1“Kibanja” is a Luganda word for a portion of land bought from Mailo land. Kibanja owner does not have a title deed but only a purchase agreement from Mailo owner (who holds the title deed). “Bibanja” is plural for kibanja. Luganda is language of Baganda the largest tribe in Uganda. 2Lawful and “bona fide” occupants are defined under the Land Act, Section 30. They are called “kibanja” occupants.

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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;

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 Committee1;

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).

5.3.3 Land Act, Cap 227 The Land Act principally addresses four issues namely; holding, control, management and land disputes. As regards tenure, the Act repeats, in Section 3, provisions of Article 237 of the Constitution which vests all land in the citizens of Uganda, to be held under customary, freehold, mailo or leasehold tenure systems. However, the Land Act provides for acquisition of land or rights to use land for execution of public works.

Regarding control of land use, the Act reaffirms the statutory power of compulsory acquisition conferred on the government and local authorities under articles 26 (2) and 237(2) (a) of the Constitution (Section 43). Since the Act does not repeal the Land Acquisition Act No. 14 of 1965, it is assumed that this legislation, meets requirements of Article 26(2) of the Constitution that requires a law to be in place for the payment of compensation and access to the courts. The Act also requires that landowners manage and utilize land in accordance with regulatory land use planning (Sections 44 and 46).

Section 77(2) of the revised edition (2000) of the Land Act 1998 provides for a disturbance allowance on top of the computed compensation amount as follows:

i) 30% of compensation amount if quit notice is given within 6 months. ii) 15% of compensation amount if quit notice is given after 6 months.

The Land Act will govern all aspects related to land taken by the power line corridor and its compensation either by replacement with physical land parcels or cash payments.

1“Committees “are defined under Section 65 of the Land Act; they are ParishLand Committees.

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5.3.4 Local Government Act (1997) Local Government Act 1997 provides for the system of Local Governments, which is based on the District. Under the District there are lower Local Governments and administrative units. This system provides for elected Councils whereby chairmen nominate the executive committee of each council, functions of which include:

i) Initiating and formulating policy for approval by council; ii) Overseeing the implementation of Government and Council policies, and

monitor and coordinate activities of Non-Government Organizations in the district; and

iii) Receiving and solving disputes forwarded to it from lower local governments. The Act empowers districts administrations to develop and implement district rates upon which compensation for crops and non-permanent structures is based. This together with the fact that local administrations (districts and local councils or LCs) of Kayunga and Buikwe Districts will have an important role during resettlement and verification of affected persons. 5.3.5 Land Acquisition Act (1965) This Act makes provision for procedures and method of compulsory acquisition of land (eminent domain) for public purposes. The Minister responsible for land may authorize any person to enter upon the land, survey the land, dig or bore the subsoil or any other actions necessary for ascertaining whether the land is suitable for a given public purpose. However, compensation should be paid to any person who suffers damage as a result of such actions. Obviously due to its age, the Land Acquisition Act stops at payment of compensation to affected people and doesn’t consider requirement for a project to purchase alternative land for affected people as long as affected people are promptly and adequately compensated. However, multilateral funding agency requirements (including World Bank) provide for provision of replacement land if affected persons seek this option and it is expected that Isimba 132 kV power line project will meet this option in cases where PAPs demand it. 5.3.6 Historical Monuments Act 1967 Assented to on 21st October, 1967 and came into force on 15th May 1968, this Act provides for the preservation and protection of historical monuments and objects of archaeological, paleontological, ethnographical and traditional interest. According to this Act, the responsible Minister may, by statutory instrument, declare any object of archaeological, paleontological, ethnographical, traditional or historical interest to be a protected object. Once thus declared, the Act adds, no person whether owner or not shall do any of the following:

cultivate or plough soil so as to affect to its detriment any object declared to be preserved or protected;

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make alteration, addition to, or repair, destroy, deface or injure any object declared to be preserved or protected;

Sub-section 12(1) requires that any portable object discovered in the course of an excavation shall be surrendered to the Minister who shall deposit it in the Museum. However, the Act adds that, notwithstanding provisions of the subsection, where any object is discovered in a protected site, place, or monument, the owner of the protected site, place, or monument shall be entitled to reasonable compensation. This Act also relates to “chance finds”1 that could be encountered during line construction. 5.4 World Bank, IDA Country Strategy for Uganda On May 25, 2010 the World Bank Board of Executive Directors discussed a new Country Assistance Strategy (CAS) to support Uganda2. Hinging upon four pillars, this new strategy will support Uganda Government efforts to:

enhance public infrastructure; promote inclusive and sustainable economic growth; strengthen human capital development; improve good governance and value for money.

It is estimated that during the CAS period, the International Development Association (IDA)- the arm of World Bank that lends to the poorest countries3, will commit US$2 billion to support development projects and programs in Uganda. Continued support for national projects and regional integration in the transport and energy sectors will be key priorities over the CAS period. a) IDA Contribution: As of August 2010, the Uganda portfolio comprised 20 IDA-financed operations with a net commitment amount of US$1.5 billion. About one quarter of IDA support is provided in form of direct budget support. In addition, there are five regional projects and an IDA guarantee of US$115 million for the Private Power Generation (Bujagali HEP Dam) Project. The current sector distribution of IDA commitments reflects Uganda government’s emphasis on infrastructure. The current sector distribution of IDA commitments reflects the government’s emphasis on infrastructure: 59 % of commitments are allocated to energy, mining, environment, urban development, and transport. In comparison, about 32 % of commitments are for education, health and social development.

1Chance finds are unanticipated discovery of material remains of archaeological or historical significance. 2 IDA, 2010: Uganda: Maintaining Growth—Moving Towards Structural Transformation. 3International Development Association (IDA) is the part of the World Bank that helps the world’s poorest countries. Established in 1960, IDA

aims to reduce poverty by providing interest-free credits and grants for programs that boost economic growth, reduce inequalities and improve people’s living conditions.

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b) Future plans: IDA will continue its close dialogue with Uganda government on three issues seen as the biggest constraints and challenges to achieving the structural transformation envisioned in the National Development Plan namely: oil and gas, population growth, and good governance. 5.5 World Bank Policies Environmental and social safeguard policies of the World Bank (WB) form a strong foundation of its support to sustainable poverty reduction. For all development projects, the objective of these policies is to prevent and mitigate undue harm to people and their environment. Safeguard policies provide a platform for participation of stakeholders in project design and are an important instrument for garnering acceptance by affected communities. Bank projects and activities are governed by Operational Policies, which are designed to ensure that they are economically, financially, socially and environmentally benign or that social and environmental impacts are pro-actively reduced or mitigated. There are ten OPs (Box 5.1) but only ones related to social and cultural safeguards are hereunder reviewed. These are:

Environmental Assessment, Physical Cultural Resources Involuntary Resettlement Forests

Box 5.1: WB Environmental and Social Safeguard Policies A. Environmental Assessment B. Natural Habitats C Forest D Pest Management E Physical Cultural Resources F. Involuntary Resettlement G. Indigenous Peoples H. Safety of Dams I. International Waterways J. Projects in Disputed Areas

WB policies below will not be triggered by Isimba powerline project for reasons outlined below.

i) OP 4.09, Pest Management:

Isimba transmission line project is not associated with large-scale agriculture or public health and therefore would not utilize synthetic chemical pesticides. This policy is therefore not applicable to the project.

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ii) OP 4.10, Indigenous Peoples: By definition, these are people or communities who claim a historical continuity and cultural affinity with societies endemic to their original territories that developed prior to exposure to Western culture civilization. These communities often consider themselves distinct from wider society or majority of cultures that contest their cultural sovereignty and self-determination. In Uganda, a distinct example is Batwa pygmies found in tropical rainforests in Southwestern Uganda. Isimba Transmission power line located central Uganda does not traverse any indigenous people communities.

iii) OP 4.37, Safety on Dams While the proposed transmission line will evacuate power from proposed Isimba dam hydropower dam, it will be constructed independently of the dam. Therefore the line would not influence or affect safety of Isimba dam, rendering this OP inapplicable to the line project.

iv) OP 7.50, Projects on International Waterways Isimba Transmission line would not be constructed in international waterways, rendering this operational policy inapplicable.

v) OP 7.60, Projects in Disputed Areas The site or route of Isimba transmission line is under rightful legal jurisdiction of the Republic of Uganda and not disputed by any other nation.

World Bank OP safeguard policies below will be triggered by the Isimba transmission line Project. 5.5.1 OP 4.01- Environmental Assessment This OP aims at managing social and environmental performance throughout the life of a project. This OP applies to projects with social or environmental risks and impacts that should be managed in the early stages of project development, and on an on-going basis and the proposed power line project qualifies under this OP. An effective social and environmental management system is a dynamic, continuous process initiated by management and involving communication between the project proponent, workers and project-affected communities. The OP has two key objectives, namely: (i) to help ensure the environmental and social soundness and sustainability of investment projects, and (ii) to support integration of environmental and social aspects of projects into the decision making process. Relevancy of this OP’s objectives to the project lies in ensuring assessment of social and environmental impacts (both adverse and beneficial) in the power line’s zone of influence, to avoid, or to minimize where avoidance is not possible, mitigate or compensate for adverse impacts on line construction workers, affected communities and natural environment.

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The OP calls for establishment and maintenance of a Social and Environmental Management System appropriate to the nature and scale of the project and commensurate with level of social and environmental risks and impacts. The Management System should incorporate Social and Environmental Assessment, management programme, organizational capacity, training, community engagement, monitoring; and reporting. This OP also requires that the Environmental and Social Impact Assessment reports must be disclosed by the project proponent as a precondition for funding appraisal. The disclosure should be both in Uganda where it can be accessed by the general public and local communities and at World Bank Infoshop. The OP assigns a project to one of three project categories (A, B, C) defined in Box below: Box 5.2: WB project categories and their EIA requirements Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a Category A project examines the project's potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the "without project" situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive regional or sectoral EA). Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from project to project, but it is narrower than that of Category A EA. Like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.

Based on potential social impacts, their extent and significance, proposed Isimba powerline is a “Category A” project. This is because the proposed transmission line will affect nearly 1500 property owners by way of land take, loss of structures, economic displacement in some cases and impact on community resources including schools and water sources among other social impacts that are a focus of this report. While social and environmental issues are often intertwined, a separate stand-alone environmental impact assessment (EIA) report documents environmental impacts of the project. Nonetheless, the interrelationship of social and environmental aspects of such a project triggers the social dimension of this Operational Policy.

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5.5.2 OP 4.11- Physical Cultural Resources This policy addresses physical cultural resources (PCR), which are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Their cultural interest may be at the local or national level, or within the international community. In the context of the line project, this definition entails burial grounds and shrines (thatch huts) of traditional worship as the most likely PCR to be affected especially when households that own them are relocated. Thus, along the line route, physical cultural resources can be expected to be found but because of the cultural setting in Uganda (burial grounds being located in rural ancestral homes) and literacy disparity (lower literacy folks practice traditional worship in shrines more than literate ones), effect on graves and shrines is more likely to occur along rural stretches of the power line than through urban areas. Since loss of such resources (including chance finds) is irreversible, but fortunately, often avoidable, the objective of OP 4.11 on Physical Cultural Resources is to avoid, or mitigate, adverse impacts on resources that are important as:

sources of valuable historical and scientific information, assets for economic and social development, integral part of people's cultural identity and practices.

5.5.3 OP 4.12- Involuntary Resettlement World Bank experience is that, if unmitigated during development projects, involuntary resettlement can lead to undesirable economic, social and environmental risks, such as:

production systems are dismantled; people face impoverishment when their productive assets or income sources are

lost; people are relocated to environments where their productive skills may be less

applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; cultural identity, traditional authority and the potential for mutual help are

diminished or lost. WB’s Operational Policy 4.12: “Involuntary Resettlement” is triggered in situations involving involuntary taking of land. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts and this was a key determining factor in selection of line routes. OP 4.12 seeks to promote participation of affected people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement.

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The policy prescribes compensation and other resettlement measures to achieve World Bank objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. In fulfilment of this requirement, a separate Resettlement Action Plan for Isimba Interconnection Project has been prepared hence triggering this OP. 5.6 Gaps between World Bank and Uganda Policies and their reconciliation There are some stark gaps between Uganda and WB resettlement requirements. For example, while WB requires provision of resettlement assistance where needed, according to Uganda’s laws project proponents are not legally bound to procure alternative land nor provide relocation assistance to affected people if they provided fair financial compensation based on a legally accepted valuation process. Additionally, World Bank OP 4.12 does not recognize “depreciated value” for replacement of assets while Uganda’s Land Act Cap 227 (excerpted below) allows depreciated replacement cost in rural areas.

The Land Act, 1998: 1. The District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the following:- a. In the case of a customary owner, the value of land shall be the Market Value of the unimproved land; b. The value of the buildings, which shall be taken at market value in urban areas and depreciated replacement cost in rural areas; c. The value of standing crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or licensee. 2. In addition to compensation assessed under this section, there shall be paid as a Disturbance Allowance of fifteen per cent or if less than six months’ notice to give vacant possession is given, thirty present of any sum assessed under subsection (1) of this section.

These gaps, and how they will be bridged, are discussed in Table below.

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Table 12: Gaps between WB and Ugandan legislation applicable to each impact No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed 1. Project

Affected People, PAPs

Compensation for loss of land, property, resources and access to land and resources, and resettlement assistance is provided to all affected users (including those with formal legal rights, those with non-formal customary rights, and those with no legal rights or claims).

Compensation should be provided to legal land owners (including mailo land owners and kibanja owners). No compensation is provided to land users.

Gap. Project will provide compensation to legal and non-legal land owners, and to legal users of affected property.

2. Loss of land and assets

For land owners: Compensate for land and all assets at full replacement cost, OR replacement of land at equal/ greater value and compensation for other assets. World Bank OP 4.12 does not recognize “depreciated value” for replacement of assets (which should be replaced at “market value”).

Cash compensation based upon market value of unimproved land + disturbance allowance (15%) if household is moved within 6 months (this rises to 30% if households are moved before 6 months). Uganda’s Land Act Cap 227 allows depreciated replacement cost in rural areas.

Gap. Market value is based on recent transactions and thus if alternative property is purchased within a reasonable period of the payment of compensation, it is likely that market value will reflect replacement value. However, local inflation in price land or construction materials can affect what is determined as replacement cost. If this is not reflected in recent transactions, market value may not reflect replacement value. Replacement of assets affected by this project will be done based on market value.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed For tenants (land use holders): Compensated for assets (crops, improvements) other than land and other losses (time it takes to restore livelihood: dead time), AND Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation),

Entitled to compensation based on the amount of right they hold to the land.

Gap. Land owners and users will be compensated whatever the legal recognition of their tenure/occupancy. If tenants have no legal land title deed, they will be compensated for crops or any improvements they have made to the land. Relocation assistance will be provided.

Non- legal land users: Compensated for assets (crops, improvements) other than land and other losses (time it takes to restore livelihood: dead time) AND Relocation assistance (including assistance in acquiring replacement land, financial payment for the cost of the relocation)

No compensation is applicable under Ugandan legislation.

Gap. Non-legal land users will be considered eligible under the RAP.

Provide additional targeted assistance and opportunities to restore/ improve livelihood.

Not a legal requirement in Uganda but presumed catered for by the disturbance allowance of 15-30% of the value of property lost.

Gap. Livelihood restoration assistance to be provided.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed Provide transitional support based on

reasonable estimate of time required to restore income earning capacity.

No legislative requirement, but presumed catered for by the disturbance allowance of 15-30% of the value of property lost.

Gap. Transitional assistance to be provided.

3 Loss of crops and trees

Compensation for crops, trees, and other fixed assets at full replacement cost and should be sufficient to enable affected people to restore their standard of living after resettlement.

Sharecroppers: Not entitled to compensation for land, entitled to compensation for crops. Annual (seasonal) crops: No compensation since the 3 or 6-month notice is supposed to allow people to harvest their annual crops. Perennial crops: Cash compensation based upon rates per square meter /bush/tree/plant established at District level plus disturbance allowance (15% or 30%). Rates are calculated as the one-year net agricultural income. Disturbance allowance is meant to compensate the re-establishment period for these crops.

Gap. For sharecroppers and annual (seasonal) crops, the Project will provide time to enable these to be harvested by households. Once harvested, there will be no further planting. A disturbance allowance will be paid to overcome any time delays. For perennial crops, compensation will be based on estimated income lost for 3 years, so as to provide replacement value. A disturbance allowance will be paid as per Uganda law.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed 4 Loss of

structures and other improvements (fences, etc) including communal structures

Compensation for structures should cover full replacement cost exclusive of depreciation and inclusive of all fees (such as construction permits and title charges) and labour costs.

Owners of “Permanent” Buildings: Valuation by valuer + disturbance allowance (15%). Valuation is based on depreciated market value. Walls: classed as permanent structures, but value calculated on investment method. Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%). Note: Rates are based on depreciated market value. Tenants of structures: repayment of unused rent, and 6 months’ notice to vacate structure. Fences: barbed wire fences valued by government rate, based on the investment method.

Gap. Project will provide compensation based on replacement value. This will include the payment of market value for assets and a disturbance allowance.

5 Loss of business

Compensate the affected business owner for the cost of re-establishing commercial activities elsewhere, for lost net income during the period of transition and for costs of transfer and reinstallation of the business.

No compensation. The 6-month notice is supposed to allow people to re-establish their business.

Gap. The project will provide transition allowance.

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No. Impact World Bank requirement Uganda requirement Gaps and how these will be addressed 6 Loss of

dwelling structures

Provide adequate replacement housing OR cash compensation at full replacement value.

Owners of “Permanent” Buildings: Valuation by valuer + disturbance allowance (15%). Valuation is based on depreciated market value. Walls: classed as permanent structures, but value calculated on investment method. Owners of “Non-permanent” Buildings: Cash compensation based upon rates per square meter established at District level plus disturbance allowance (15%). Note: Rates are based on depreciated market value. Tenants of structures: repayment of unused rent, and 6 months’ notice to vacate structure.

Gap. Project will provide compensation based on replacement value. This will include the payment of asset market value, a disturbance allowance, and a top up allowance (based on the current inflation rate) to compensate for the rise in construction materials.

Provide relocation assistance (cash, food, etc).

If provided, determined by private negotiation. To be paid for by disturbance allowance of 15-30%.

Gap. No dwelling will be demolished by the project by where any relocation assistance is required UNRA will provide it.

Provide security of tenure at the new site. No legislative requirement. Gap. Secure tenure will be replaced if lost.

Provide improved living conditions at the new resettlement site.

No legislative requirement. The project will provide replacement value to ensure pre-project conditions to the extent possible.

5.7 Principles and polices for proposed land acquisition Compensation will be fully provided before land can be entered for civil works or demolition. Compensation shall aim to enable AP to restore their pre-project incomes and standard of living by the end of the project. In addition, UETCL will avoid or minimize resettlement by utilizing land that is least inhabited. PAPs will be entitled to compensation at full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation. PAPs shall be informed of available compensation options for them to make own choices or preferences. Lack of formal property ownership documents or title deed or use agreement will not bar PAPs from entitlements or assistance. All relocated PAPs receive relocation and transition subsistence allowances. Additionally, compensation will be made giving equal consideration to women and men without discrimination. However, wherever necessary, special attention shall be given to households headed by women and other vulnerable persons to ensure that their living standards are not worse off than pre-project conditions. PAPs will be advised about benefits of replacement of physical assets and risk inherent in cash payments. For example unless the affected person chooses cash compensation land-for-land compensation will be encouraged as it ensures PAPs immediately have land for settlement or farming and avoids risk of squandering compensation payments. Costs of transfer of property will be waived or borne by UETCL, including taxes, fees, documentation and court appeals.

6 INSTITUTIONAL FRAMEWORK The main agencies which will be involved managing this RAP are:

Uganda Electricity Transmission Company Limited, UETCL (the project proponent/ developer),

Ministry of Lands, Housing and Urban Development, MLHUD (approving compensation rates),

Ministry of Energy & Mineral Development, MEMD Local district administrations (Kayunga and Buikwe) traversed by the line.

These are discussed in sections below. 6.1 Ministry of Energy & Mineral Development Ministry of Energy & Mineral Development (MEMD) sets policies for the energy sector in Uganda. The mandate of the MEMD is to establish, promote the development, strategically manage and safeguard rational and sustainable exploitation and utilization of energy and mineral resources for social and economic development. This mandate is fulfilled through its roles below:

Providing policy guidance in development of the energy resources. Creating enabling environment to attract investment in development, provision and

utilization of energy. Acquiring, processing and interpreting technical data in order to establish the

energy resource potential of Uganda. Inspecting, regulating, monitoring and evaluating activities of private companies in

energy so that the resources are developed, exploited and used on a rational and sustainable basis.

In order to contribute effectively to poverty reduction, the ministry’s medium term key priorities are:

to increase electricity generation capacity and development of the transmission network;

to increase access to modern energy services through rural electrification and renewable energy development;

Above priorities are met through strategies below:

Increasing energy mix in power generation, promote and co-invest in the development of new power generation and transmission projects.

Promote and / or implement rural electrification through grid extension, development of decentralized power supply systems and use of renewable energy resources.

Based on the functions of MEMD, compensation and resettlement associated with proposed Isimba transmission line project will be overseen at the policy level, by this Ministry. The proposed transmission line is therefore in line with strategies of MEMD. 6.2 Ministry of Gender, Labour & Social Development, MGLSD This Ministry guides all actors in the social development sector and creates an enabling environment for social transformation, leading to improved standards of living for all, increased equality and social cohesion. These roles make MGLSD a key secondary stakeholder in proposed Isimba transmission line project with roles of empowering project communities to harness their potential through cultural growth, skills development and labour productivity for sustainable and gender responsive development. MGLSD has a department of occupational health and safety which is mandated to inspect workplace to ensure safety and gender equity. The Ministry had the following projects which should tie into and compliment objectives of proposed Isimba transmission line project:

Community Rehabilitation Programme for the Disabled (CBR), Functional Adult Literacy Programme (FAL), Support to Aids Orphans and Other Vulnerable Children (PCY), Elimination of Child Labour.

6.3 Uganda Electricity Transmission Company Limited, UETCL Functions of UETCL are directly under policy oversight of MEMD. In respect to this RAP, UETCL will be responsible for resources mobilization, distribution and implementation of compensation and resettlement. UETCL has the responsibility to directly oversee resettlement/compensation activities, identifying and co-coordinating all players in the resettlement programme, managing grievances and monitoring RAP implementation. 6.4 Local Governments traversed by the power line The proposed transmission line traverses Kayunga and Buikwe Districts. As provided by the Local Government Act, local governments are mandated to set compensation rates for crops and non-permanent structures through their District Land Boards. Local governments will also be important in managing and monitoring social impact abatement framework through site visits or resolving complaints from affected communities. Hence they have a central responsibility in this project in regard to monitoring resettlement impacts and ensuring social benefits of the project are equitably accessible to every community. Local officers will also ensure that proper resettlement, compensation and grievance management are undertaken. The lower administrative structures (Local councils LC 1 to LC5) are important in community mobilization and ensuring law and order in villages through local defence units, which should be useful for ensuring security during project implementation, including compensation, line construction and protection against vandalism during its operation. During compensation, LC1s and LC3s in project-affected areas will be helpful for identification or verification of rightful property owners.

6.5 Ministry of Lands, Housing and Urban Development The Chief Government Valuer (CGV) in the Valuation Division in the Ministry of Lands, Housing and Urban Development (MLHUD) is responsible for approving the Valuation Roll developed as part of this RAP. This demands fair and transparent compensation and as such all property valued are first inspected by the Chief Government Valuer. MLHUD will therefore play a direct role in compensation and resettlement activities of Isimba Transmission line Project.

7 ELIGIBILITY FOR COMPENSATION The proposed project will provide compensation to all eligible affected people based on nature or category of their losses (e.g. physical assets or income) as discussed below. 7.1 Eligibility for Compensation 7.1.1 Cut-Off Date The cut-off date was considered by the surveying and valuation consultant as the last day of the census of affected people and properties, i.e. 31 January 2011. During household surveys and community meetings, PAPs were advised against further investments or land development after existing assets were surveyed and valued because they would not be eligible for compensation. The following PAP categories are eligible for compensation:

Landlords owning land to be affected by the power line; People whose structures are to be affected by the power line; People who rent land for cultivation (sharecroppers) and their crops or trees are to

be removed or damaged due to land acquisition activities; Any other group of persons that has not been mentioned above but is entitled to

compensation according to the laws of Uganda. 7.1.2 Speculative Structures Opportunistic structures established after the cut-off date shall not be compensated. During RAP implementation, these will be established by:

Comparing claimant structures/ assets with property surveying/ valuation records. Consultation with LC Chairpersons to ascertain whether claimant structures existed

at the time of the cut-off date and whether it was established in good faith or for opportunistic compensation purposes.

8 VALUATION, COMPENSATION & RESETTLEMENT 8.1 Overview of Entitlements 8.1.1 Categories of Affected People During compensation, an important legal requirement is that contained in Section 40 of the Land Act that makes it compulsory to seek consent of spouses before compensation packages is paid out. As mentioned earlier, cash compensation entails a risk of impoverishment of female spouses and children, when for example, a male household head decides to marry another wife or squander it on luxuries instead of rebuilding a new home. As earlier indicated (Section 7.1), affected persons irrespective of their status (whether they have formal title, legal rights, non-legal right) are eligible for some kind of assistance if they occupied a given land parcel before the cut-off date. 8.1.2 Identification of Vulnerable People Vulnerable people are considered to be ones who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. For this RAP, vulnerable people were identified using the following criteria below:

Widows, Orphans, Disabled or seriously sick people, particularly people living with HIV/AIDS and other

illnesses, Second or third wives, particularly those where there is a risk that they will be

abandoned by their husbands after compensation, Elderly, Households whose heads are female and who live with limited resources, Households whose heads are orphans (i.e. child-headed households).

8.1.3 Compensation and resettlement packages Two main resettlement packages, the details of which are provided in the section below, have been designed to ensure adequate compensation for PAPs who lose assets or livelihoods when the project is implemented. These packages have been developed in consultation with PAPs. Each PAP will have the opportunity to choose the option that best suits their circumstance. Entitlement measures were developed basing on the fact that the majority of PAPs expressed a strong preference for cash compensation rather than replacement of assets. a) Option 1: Primary Entitlement Measures These measures are designed to be appropriate for the majority of PAPs, who are likely to only lose a small portion of land, some permanent or temporary structures (including housing). The measures include a mix of cash compensation for lost assets (including land,

structures and crops), other assistance measures such as relocation assistance, and where appropriate, measures to cover any short-term changes in livelihood. It is presumed that cash compensation will be used by PAPs to replace lost assets by purchasing new land where necessary and/or constructing a new structure on remaining portions of their current land holdings. b) Option 2: Other Entitlement Measures (vulnerable groups) These measures have been developed to assist vulnerable groups, or those who would prefer to receive replacement assets rather than cash compensation. In this scenario, land and structures would be replaced (with the same tenure as in pre-resettlement condition), and assistance would be provided to move the household or business goods. No cash compensation would be provided if physical assets are replaced, but a disturbance allowance shall be provided to overcome any short-term changes in livelihood. c) Measures common to both scenarios Under both scenarios, graves will be compensated and relocated according to district rates in compliance with Ugandan law. It should be noted however that compensation for graves does not support replacement value, since it excludes transport costs to relocation destination. Therefore transport costs associated with any case of relocation of graves shall be provided on a case-by-case basis for each affected person, depending on travel distance involved. Taxes and charges associated with purchase of new land will be paid directly by the Project. PAPs choosing cash compensation will have a choice of either receiving a cash payment or into a bank account opened by the Project (if a PAP does not have one) covering all associated bank fees and charges associated with opening a new account. Sections below provide a description of each entitlement measures for loss of assets and loss of livelihoods. 8.2 Description of Entitlement Measures 8.2.1 Compensation for Loss of Land Compensation for the loss of land will be provided to all PAPs who currently own land (whether kibanja or Mailo) regardless of land size, current use or legality of tenure. Under the Primary Entitlement Measures (Option 1), cash compensation will be provided, based on government valuation amount, and disturbance allowance of 15%. For vulnerable groups, or those who would prefer a non-cash option (Option 2), compensation will be in the form of replacement land of similar size, quality and tenure (Mailo, kibanja or lease). Land plots will be identified by UETCL and preferably located within the same village as the current land plot.

8.2.2 Compensation for Loss of Crops a) Perennial Crops Cash compensation will be provided for loss of perennial crops, calculated using the approved district rates (considered adequate for replacement value). In addition, a transitional allowance will be provided to cover loss of livelihood during the period between loss of these crops and the time owners would start earning income from the new crops. b) Annual (seasonal) Crops The project will provide all compensation under the entitlement matrix six months prior to the commencement of construction. At the time of payment, the timing of the project will be made clear and instruction provided as to how seasonal crops will be managed during this time. This timeframe provide adequate opportunity for all seasonal (or “annual”) crops to be harvested, therefore, no compensation will be paid for these crops. A transitional allowance will be provided to ensure that any changes in livelihood derived from such crops is adequately compensated. Compensation will be paid in the amount of UgShs33,000 per household which loses annual crops. This is calculated on the basis of 10% of the average daily income from agriculture, for a period of one month. The assumptions that underpin this calculation are as follows: The range of income earned from agricultural products in the project affected areas is

UgShs2,000-20,000 daily, thus an average of UgShs11,000 per day (from household survey). The higher value in the range is mainly due to pineapples grown in Kayunga District.

Most households will only lose a small percentage of their land plot, and thus agricultural activities and income derived from them would mostly remain unaffected in the remaining land;

Adequate time will be provided for the harvest of crops and compensation for lost land and other assets will be paid in advance, enabling replacement. Impacts therefore, are likely to be minimal.

These measures are the same under Option 1 and 2. c) Unintentional Damage to Crops If there is unintentional damage to crops during line construction whether owned by PAPs or not, compensation will be paid for both annual and perennial crops, based on approved district rates. 8.2.3 Compensation for Loss of Structures a) Owners of Permanent Structures (Residential and Commercial) For current owners (Mailo and kibanja), under the primary entitlement measures (Option 1), cash compensation for permanent structures will be provided, calculated basing on replacement value and a disturbance allowance of 15% added (as required by Uganda Government). For structures, replacement value was considered in property valuation.

For those who would prefer non-cash based compensation (Option 2), a new permanent structure (either business or residential) will be provided. This will be of similar size, design and tenure as current structures, and where possible, will be located in the same village as the current structure (see discussion above on land). This process will be undertaken in consultation with the affected household/business. b) Tenants of Permanent Structures (Residential and Commercial) Under the primary entitlement measures (Option 1), tenants with permanent structures will be provided with cash compensation for any fixed assets that cannot be relocated. It is however unlikely that these will exist since tenants are not usually allowed to develop permanent assets on rented premises. For those choosing the secondary entitlement package (Option 2), they will be provided with cash compensation for fixed assets and assisted to find alternative rental premises. This will be of similar size and condition to the current premises. UETCL will also facilitate the negotiation of a similar lease (both in terms of cost and timeframe). For renting persons, transport will be provided to move households or business goods and if necessary. Again this will be on a case-by-case basis and will involve those persons renting these premises at the time of project implementation. c) Owners and Tenants of Temporary Structures Under both primary and secondary entitlement measures (options 1 or 2), building materials may be salvaged from old structures to be utilised again, at owners’ cost. Also, for people moving to a new settlement, or non-adjacent land, transport assistance will be provided for households or business goods. d) Damage to Structures (Permanent and Temporary) If there is unintentional damage to structures during line construction, compensation will be paid for all losses. This will be calculated on the basis replacement value for structures, or district rates for crops. 8.2.4 Compensation for Loss of Business (Owners and Tenants) Under both Options 1 and 2, compensation will be paid to business owners and tenants for potential loss of business income. A transition allowance will be provided in the amount of UgShs90,000 for 3 months, which is calculated on 50% of the average daily income for a period of one month. This measure has been based on the following assumptions:

The range of income earned in businesses in the project affected areas is UgShs2,000-10,000 per day, thus an average of UgShs6,000 per day;

Most PAPs are likely to choose to relocate their business onto the adjoining portion of their land, and thus will remain in their current village;

Much of the trade for retail or restaurant/bar businesses is from within the village rather than from passing trade, and thus is likely to remain constant during the construction and operation phases of the Project; and

Households are likely to be able to continue to operate their current business from the old structure while new premises is constructed (using compensation payment), therefore income will still be generated during this time.

In addition, for those moving to a new settlement, or non-adjacent land, transport assistance for the relocation of business goods will be provided. 8.2.5 Compensation for Loss of Employment The number of PAPs who will lose employment as a result of the Project, even in the short term, is very low due to the rural nature of areas to be traversed by the powerline. Those most likely to be affected are people working in commercial business premises (which in Uganda are often built along road or in trading centers) but since the power line is located away from roads in mostly rural sections, this impact was noted to be very low. Other workers in formal employment (e.g. teachers, priests) are not expected to lose their jobs during reconstruction of an affected school building or place of worship- they would still be paid by the these institutions during this time. Hired farm laborers on farms or agricultural workers are rare as these activities are generally undertaken by family members at a subsistence level. For both options 1 and 2, a transition allowance of UgSh270,000 equivalent for a period of 3 months will be provided for workers (non-family members) in all affected business. This is calculated on the basis of the average monthly wage of Ushs 90,000 per month. Most workers will continue their employment in the new premises, and thus there will be minimal change to livelihoods. However, a transition allowance will provide assurance that their livelihoods are not affected. 8.2.6 Compensation for Loss of Communal Facilities Compensation for affected schools or places of worship (church land, mosques, etc) will be to the school administration or diocese overseeing the worship facility. 8.2.7 Compensation for Loss of Graves or Cultural Sites If graves are required to be relocated, cash compensation will be paid on the basis of approved Uganda’s district rates. Compensation will also be paid for transport of graves, the amount of which will be determined on a case-by-case basis, and in consultation with the affected households. Where necessary, the Project will provide assistance in lieu of cash compensation, depending on the needs of the household. 8.3 Other Entitlement Measures (Both Options 1 and 2) 8.3.1 Building Approval UETCL will give choice to PAPs who lose structures to have them reconstructed by the project, as has been done in other powerline projects. However PAPs who prefer cash

compensation to build own buildings will receive payment required for approval of building plans by local authorities. This is in range of Ug shs 200-1000 per square meter, the higher value being for urban areas (trading centres) in project districts. 8.3.2 Payment of Fees and Taxes All fees and taxes associated with transfer of land ownership will be paid by the Project. Fees associated with mutation of Mailo land titles will be paid directly by the Project to the relevant authorities, as is required under Ugandan law. 8.3.3 Payment of Banking Charges For households who do not currently have a bank account, but would not prefer compensation to be made in cash, UETCL will facilitate opening of a bank account and will pay all associated costs. 8.3.4 Payment of Costs of Transport for the Collection of Compensation The project will provide cash compensation for the payment of transport to collect compensation payments. UETCL will ensure that compensation payments are made close to population centers of affected people to minimise long travel distances. Hence transport fare per person will be limited to UgShs 5000 for a round trip to and from the payment centre. 8.4 Payment Options All PAPs will have the option of receiving cash compensation in a lumpsum, or in regular installments. The total amount of compensation will remain the same under both options. A summary of entitlement matrix is shown in Table below.

Table 13: Entitlement matrix CATEGORY ENTITLED PERSON OPTION 1: PRIMARY ENTITLEMENT MEASURES OPTION 2: OTHER ENTITLEMENT

MEASURES (FOR VULNERABLE GROUPS) 1 Loss of land • Landlords/ legal title

holders • Kibanja owners • State/ local government

Institutions (various)

• For households who can continue current land use (on adjacent land): Cash compensation based on government rates (equal to replacement value).

• Disturbance allowance (15%). • Relocation assistance on a case by case basis.

• For households who will lose all their land, or for those who can’t continue current activities on remaining land: Cash compensation based on government rates (equal to replacement value) OR replacement land of similar size, quality and tenure OR assistance from the project to identify new site.

• Security of tenure: where land for

land options are chosen by households, similar tenure will be provided (i.e. kibanja ownership, or mailo ownership papers).

• Relocation assistance in cash or

services on a case-by-case basis as is sought.

2 Loss of perennial crops • Landlords/ legal title

holders • Kibanja owners • Illegal users (squatters)

• Compensation of perennial crops at district rates (replacement value).

• Damage to crops during the construction process: Paid on case by case basis, based on project compensation rates i.e. full replacement value compensation and transition allowance.

As for Option 1

3 Loss of annual (seasonal) crops

• Landlords/ legal title holders

• Kibanja owners

• Timing of project to enable the harvesting of annual (seasonal) crops.

• Damage to seasonal crops paid on case by case basis, based on approved district rates.

• Transitional allowance of Ugshs33,000 per household which loses crops to cover any short-term differences in income.

As for Option 1

CATEGORY ENTITLED PERSON OPTION 1: PRIMARY ENTITLEMENT MEASURES OPTION 2: OTHER ENTITLEMENT MEASURES (FOR VULNERABLE GROUPS)

4 Loss of permanent structure (residence, business, or other structures such as agriculture shed, fencing, latrine)

• Landlords/ legal title holders

• Kibanja owners

• Compensation at government rates, disturbance allowance and top up equal to inflation for increase in cost of construction materials (equal to replacement cost).

• Assistance in the procurement of construction materials.

• Building materials maybe salvaged from old housing to be utilised in new structures (transport at owner’s cost).

• For those moving to a new settlement, or non-adjacent land, transport assistance to move households or business goods.

• Construction of replacement permanent structure

• For those moving to a new settlement, or non-adjacent land, transport and labor assistance to move households or business goods.

• For those moving to adjacent land, labor to move household of business good, determined on a case by case basis.

• Building materials maybe salvaged from old housing (transport at their own cost).

• Tenants (if any

identified) • Cash for fixed assets (if any, based on approved

district rates). • For those moving to non-adjacent land, transport

and labor assistance to move households or business goods.

• Cash for fixed assets (if any, based on approved district rates).

• Assistance to find alternative rental property (business or residence).

• Arrange formal lease with similar conditions to previous lease, and provide formal tenancy agreement.

5 Costs associated with gaining approval for housing design, and for assistance from architect to provide drawings

• • Cost of architectural drawings: medium size residential 3 bedroom house or commercial block: Shs300,000-500,000.

• Cost associated with approval of building plans will be provided in the range of shs200-1000 per square meter, the higher value being for urban areas.

• Organise for plans to be approved.

CATEGORY ENTITLED PERSON OPTION 1: PRIMARY ENTITLEMENT MEASURES OPTION 2: OTHER ENTITLEMENT MEASURES (FOR VULNERABLE GROUPS)

6 Loss of temporary structure (e.g. agricultural structure, latrines, fence etc)

• Landlords/ legal title holders

• Kibanja owners • Tenants

• Compensation at government rates, disturbance allowance and top up equal to inflation for increase in cost of construction materials (equal to replacement cost).

• Assistance in the procurement of construction materials.

• Building materials maybe salvaged from old housing (transport at their own cost).

• For those moving to a new settlement, or non-adjacent land, transport assistance to move households or business goods.

• Construction of replacement permanent structure

• For those moving to a new settlement, or non-adjacent land, transport and labor assistance to move households or business goods.

• For those moving to adjacent land, labor to move household of business good, on a case by case basis.

• Building materials maybe salvaged from old housing (transport at their own cost).

• 7 Loss of business • Landlords/ legal title

holders • Kibanja owners • Tenants

• For those moving to a new settlement, or non-adjacent land, transport assistance to move business goods.

• Transition allowance equal to 50% of the average income for one month (Ugshs90,000).

As for Option 1

8 Loss of employment • Workers in businesses • Ensure the transfer of employment- monitor • Transitional allowance equal to 90,000 (1 month

average wage).

As for Option 1

9 Displacement of graves or cultural sites

• Compensation as per approved district rates. • Provide transport fare to ensure replacement

value since Uganda government rates do not provide transport.

As for Option 1

10 Payment of fees for the transfer of land title

• Landlords/ legal title holders

The project will pay all fees associated with the transfer of land titles (for Mailo land owners). This will be paid directly to the government (cash compensation is not applicable).

As for Option 1

CATEGORY ENTITLED PERSON OPTION 1: PRIMARY ENTITLEMENT MEASURES OPTION 2: OTHER ENTITLEMENT MEASURES (FOR VULNERABLE GROUPS)

11 Payment of banking fees • Landlords/ legal title holders

• Kibanja owners • Tenants

• Opening of bank accounts: All households who do not currently have a bank account but who wish to receive compensation payment into an account rather than cash, will be assisted by the Project to open an account. All fees and charges associated with this will be paid by the Project.

As for Option 1

12 Payment of transport fees to collect compensation

• All PAPs • The project will provide cash compensation in advance for the payment of transport for the collection of compensation. This will be in the amount of 5,000 per household head.

As for Option 1

13 Compensation payment options

• Landlords/ legal title holders

• Kibanja owners • Tenants

• Choice of payments: all households will have the choice of receiving a single lump sum for compensation, or to receive payments in installments. The total amount will be the same regardless of the method chosen.

• Payment will be made by cash or paid into a bank account, based on the PAP’s choice.

As for Option 1

9 HOST AREAS Given the linear (rather than area) nature of the powerline and rural location of the route, only a small number of PAPs will find it necessary to replace their entire land holding. Most households will only lose a strip of land on their land holding, and thus will be able to reconstruct a replacement house or structure on same parcel of land. As such, impacts to those communities are expected to be minimal as most people will resettle within their own villages or even on same parcel of land. It is possible that some households will choose to relocate to a new village using their compensation payments. However given the small numbers of people to be completely displaced, the need for a dedicated host area is not likely.

10 STAKEHOLDER PARTICIPATION AND DISCLOSURE 10.1 CONSULTATION WITH AFFECTED PEOPLE As a first stage of disclosure, meetings were organized with help of local leaders in all affected villages along the powerline route. Subsequent formal and informal meetings and discussions have since been undertaken with some PAPs or villages which required clarifications and affected institutions. In these meetings, project brochures were distributed, principles of compensation for various types of loss were detailed and various entitlement options discussed. It was also indicated to PAPs that a list of properties (buildings, crops and land) to be affected would be disclosed at sub-county and village LC offices with areas, locations and landowners’ names. In all meetings, stakeholder questions and concerns were discussed, dispute settlement procedures presented and the importance of amicable transactions was emphasized. A detailed record of village meetings and views of affected people is presented in Annex 1 but key issues are summarized in Box below. Box: 10.1 Key issues and suggestions raised during consultations with PAPs. i) Property valuation should be fair and based on prevailing market values. ii) Ensure that title deeds taken from landowners for purposes of mutating the road reserve

are returned promptly to respective owners who would otherwise be left without proof of ownership of their land.

iii) Compensation payments should be done in a timely manner to enable affected people to

quickly resettle and restore their livelihoods.

iv) It was considered alright for compensation to be effected for strips of land lost to the line project. However PAPs recommended that when the remaining parcel of land is so small, then the whole land holding should be compensated and taken by the project, this to enable the affected person buy a large enough property elsewhere.

v) Affected people should be given the mandatory six months’ notice within which to

relocate. vi) PAPs noted absentee land owners currently living overseas and suggested that their funds

should be kept safely until claimed. vii) PAPs suggested that vulnerable people should be continually identified during

implementation of resettlement activities so they could be assisted in any way possible.

10.1.2 DISCLOSURE A copy of the RAP and its summary shall be displayed by UETCL in all project district headquarters distributed for PAPs to provide views on its implementation arrangement, including grievance management and monitoring. The RAP shall also be disclosed on UETCL website and that of the funding agency.

11 GRIEVANCE MANAGEMENT Grievance management will aim to provide a two-way channel for the project to receive and respond to grievances from PAPs, stakeholders or other interested parties. Sections below outline the proposed grievance management process that utilizes easily accessible local structures through which communities can channel their concerns to the project proponent (UETCL). Use of local leadership structures would ensure that aggrieved persons, especially vulnerable groups easily have their concerns resolved without undue delay or expenses associated with formal legal channels (courts). 11.1 Grievance Process The grievance process is designed to ensure that PAPs have opportunity to access the project and have their concerns addressed. In addition, it allows the project to be active in identifying solutions to grievances. It should be noted that the grievance procedure will not replace the existing legal process in Uganda, rather based on consensus, it will seek to resolve issues quickly so as to expedite receipt of entitlements and smooth resettlement without resorting to expensive and time-consuming formal legal action. If the grievance procedure fails to provide a solution, complainants can still seek legal redress. The project will therefore put in place an extra-judicial mechanism (Figure 3) for managing grievances and disputes based on explanation and mediation by a third party, preferably an indigenous NGO or committee comprising local leaders and trusted citizens independent of the project. Every aggrieved person shall be able to trigger this mechanism, while still being able to resort to the formal judicial system, if they so wished. 11.2 The Overall Grievance Mechanism UETCL will form a grievance committee comprising its staff, local leaders and members of a local NGO. The Grievance committee will receive information from three main sources:

Directly from affected persons. From the implementation team executing the resettlement. From the Monitoring and Evaluation Officer (UETCL staff)

All grievances will be recorded with a grievance log which will be held at by UETCL’s representative/ staff (Grievance Officer). The log would indicate grievances, date lodged, actions taken to address or reasons the grievance was not acted on (i.e. the grievance was not related to the resettlement process), information provided to complainant and date the grievance was closed. Grievances can be lodged at any time, either directly or through a grievance committee member. The process for lodging a complaint is outlined below:

A Grievance Officer will receive the complaint. The complaint must be provided in-person by the complainant.

The Grievance Officer will ask claimant questions in their local language write the answers in English and enter the answers in English onto the Grievance Form.

A local leader (LC1) will witness translation of the grievance into English. The LC1 and Complainant will both sign the Grievance Form after they confirm

accuracy of the grievance. The Grievance Officer lodges the complaint in the Grievance Log.

Grievances shall be resolved and status reported back to complainants within 2 weeks. If more time is required this shall be communicated clearly and in advance to the aggrieved person. Once the Grievance Committee has determined its approach to the lodged grievance, this will be communicated to the grievance officer, who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. Sections below provide key people involved in the grievance redress mechanism and associated actions. a) Grievance Officer A Grievance Officer (GO), who is a member of the implementation team, will lead the grievance mechanism. Principal responsibilities of the GO will include: Recording the grievances, both written and oral, of the affected people, categorising

and prioritizing them and providing solutions within a specified time period. Discussing grievances on a regular basis with the Working Group and coming up with

decision/actions for issues that can be resolved at that level. Informing the Steering Committee of serious cases within an appropriate time frame. Reporting to the aggrieved parties about developments regarding their grievances and

decisions of the Steering Committee. Providing inputs into the Monitoring and Evaluation process

It will be important that all PAPs have access to the grievance process. b) Specific Tasks of the GO Set up a systematic process of recording grievances in a register (“Grievance Book”) as

well as electronically. The register should be located in the implementation team office and should be accessible to residents.

Both written and verbally communicated grievances should be recorded. Categorise issues in 3-4 broad categories in order to review and resolve them more

efficiently. Suggested categories are grievances regarding:

1. Replacement structure or land, and procurement of construction materials; 2. Agriculture and crops; 3. Livelihoods; and 4. Valuation process and payment of compensation.

Prepare a database for recording and keeping track of the grievances and how they were resolved. The database should be a ‘living’ document, updated weekly. It should also record the status of each grievance. Access to making entries into the database should be restricted to the implementation team, but the general community should be able to use “Grievance Book”/ register to see the status of their complaints.

Communicate the grievance procedure to the people, the process for recording their complaints and the timelines for redress. Communication should be done through a community meeting involving the resettled community. Pamphlets outlining the procedures and commitments of the grievance mechanism should be distributed to all households.

Raise grievances at the regular implementation team meeting for discussion. Some resolutions will require coordination/ interaction with the local authorities, which the GO should follow up, while some would require intervention from UETCL.

Provide a regular update on the status of grievances via the database, including reasons for delay, if any. This update needs to be provided on a weekly basis. Also clearly define grievances that will not be entertained by the GO. These could be related to issues other than those linked to the resettlement and rehabilitation process.

The Grievance Process to be followed is depicted in Figure below. Figure 12: Grievance management mechanism

Yes

Can it be resolved?

Grievance Committee

Grievance Officer Can it be resolved?

Grievance Database

Project Implementation Team

File complaint

Com

mun

icat

e de

cisi

on

No

Yes

No

Host Community Affected Residents

11.3 Process for Addressing Grievances Related To Valuation 11.3.1 Grievance Valuation Committee In addition to the overall management process for grievances, there are likely to be grievances specifically related to the valuation process. These are likely to come when households feel or consider compensation values for their assets insufficient. This might arise when PAPs doubt if valuation values do indeed provide replacement value. If PAPs misunderstood the compensation process and believe they are entitled to additional compensation, they might lodge complaints. Given this, the Project will have developed a dedicated procedure to manage and close out grievances relating to valuation. The Grievance Committee will assess grievances that arise from disputed valuations. This will include the following members: LC1s (participation depends on the respective LC1 of the claimant); LC3; District Land Officer

This committee will have a quorum of at least 3, and either the LC1 or LC3 has to be present. 11.3.2 Valuation Grievance Decision Making Procedures While some grievances would be resolved by the committee, others might not, such as when the claimant contests District compensation rates. Therefore the Grievance Officer (“GO”) will determine whether a complaint can be resolved by the committee or be referred to the Chief Government Valuer (“CGV”). If yes, the GO refers the complaint to the CGV. If the complaint concerns the road contractor, the Grievance Officer refers such a

complaint to UETCL Management.

12 RAP IMPLEMENTATION 12.1 Implementation Arrangements 12.1.1 RAP Implementation Unit For any construction works to commence, people who are affected and are entitled to compensation must be compensated before taking their land or demolishing structures. Working together with local council officials, district officials and councilors, UETCL should put in place a dedicated unit headed by one of its managers, to implement this RAP. The unit should be responsible for ensuring that affected persons have succeeded in restoring their livelihoods after relocation. The groups that will be involved in implementation of the RAP are: a) UETCL (project proponent) b) Kayunga and Buikwe District Administrations with representation of both political and

technical offices, as follows:

Political representative of the LC5 Office (District Council Representative) Technical representative of the CAO’s Office (District Council Representative)

Note that both these offices would be represented as witnesses to implementation process c) Local council leaders (LC1 and LC3) of affected villages A senior UETCL management committee will generally oversee the resettlement process, to guide and assist where necessary, day to day activities undertaken by the main implementation unit. They will work together to help to ensure that measures identified in the RAP are acceptable to stakeholders, and ensure that implementation of the RAP is undertaken in an efficient manner. Before resettlement, the groups will be responsible for planning the RAP implementation, communicating compensation measures/ entitlements to PAPs and dealing with the day-to-day activities associated with grievances. After the RAP, the unit will be responsible for ongoing monitoring and grievance process, and ensuring that the PAPs are assisted in restoring their lives. The senior management committee should have a small number of members, which may include the following:

Senior manager from UETCL ; Senior local government contact.

The day to day unit should comprise of the following members:

Representatives from the resettlement community Representatives from the local government Representatives from UETCL (including a representative from a senior management

level, and at least 1 full time for the first year before, during and after resettlement).

The three permanent members of the implementation unit who would undertake specific roles, which include the Implementation Officer, Grievance Officer, Monitoring Officer

In addition, administrative support may be required to support this team. 12.1.2 Role of the Implementation Officer The Implementation Officer will be responsible for implementation of the RAP prior to the move and during the move. The key responsibilities will include:

a) Coordinating and planning to payment of cash compensation (for those who have chosen Option 1).

b) Coordinating with the construction contractors on scheduling the move (for those who have chosen Option 2).

c) Organising and implementing non-cash compensation measures such as assistance to move etc.

d) Sensitising the Contractors about the resettlement process and setting up mutually acceptable clear guidelines on do’s and don’ts.

e) Consultation with the community on a regular basis. f) Establishing a resettlement database, to be regularly updated and accessible by

the community. g) Verifying functionality of utilities in houses with home owners (for those who have

chosen Option 2). h) Assisting in external and internal monitoring and evaluation of the resettlement

process. 12.2 Payment Procedure 12.2.1 Notification of Compensation One month in advance of receiving their compensation, each PAP will receive an individual household entitlement matrix, which will be presented to each household. The household entitlement matrix will indicate the details of the final valuation and compensation, including the following:

Confirmation of the choice of options by the PAP. The amount approved by the Chief Government Valuer. A description of the methods used, including specifics of the valuation of

structures, crops and land. The additional measures to be paid by the project, such as transitional or transport

allowance, and also detail the other support offered by the Project, such as relocation assistance.

The total cash compensation payable. Information on the grievance procedure. Information regarding the documents required to claim compensation (such as

original documentation or passport photos). Confirmation that of the PAP chooses to open a bank account to receive

compensation, how, where and when this can be done, and that all charges associated with this will be paid by the Project.

Upon receiving the individual entitlement matrix, the PAP must sign acceptance of the compensation prior to receiving cash. In addition, the claimant will be asked for identification.

When a claimant consents to all information presented, a cash or cheque payment should be made.

In cases where the Mailo landowners do not reside in affected areas:

UETCL will check with those currently on the land to identify their location. If this fails, UETCL will place advertisements in national papers, radios etc. in an

attempt to inform the Mailo land owners about their entitlements to compensation. Payment Logistics a) Payment Days: The days on which PAPs receive payment will depend on the day assigned to the PAP’s respective LC1 for disbursement. Payment will be disbursed to PAPS two villages per day (“Village Payment Days”). This ensures that LC1s overseeing the project are not required to stay at payment centers for the entirety of the payment period, but rather just for the days assigned to their villages. If a PAP misses their respective “Village Payment Days” – the PAP must make arrangements to go to the payment location or Bank to receive their payment. b) Location UETCL will ensure payment is at the weighted center of the affected population to minimise travel distance and transport cost. c) Entities to be present at payment location The following representatives will be present at the payment/ disbursement Location: UETCL representative LC1 (these will need a facilitation payment) District representative

d) Tracking payment To track payments, photographs of all PAPs will be taken, which will be entered into a database or compensation log maintained by UETCL. e) Payment by Installment Payment shall be made by UETCL or its appointed agent and on payment, a receipt shall be signed by the payee, payer/UETCL representative and a local administration witness. Ugandan law requires that compensation be accomplished before entry onto private property. World Bank requirements also So where payment in several installments is

preferred (as a mitigation of the risk of cash misuse, which could affect female spouses and children), this contradiction can be overcome as follows: i) Obtain a written consent from compensation recipients for their payment to be

made in installments rather than as a “one-off”. ii) Sign a compensation agreement that clearly indicates a payment schedule rather

than lumpsum payment. Where payment will be made in installments, compensation certificates and agreements should include the detailed schedule of payments. Signatories of the compensation agreements should the compensation Recipient and UETCL representative, and be witnessed by a member of the parish land committee.

f) Exceptional Situations Deceased Owners: Up-to-date documentation must be obtained prior to payment of compensation. All charges for this will be reimbursed by the Project upon receipt of adequate proof of such costs. PAPs will be informed of the documentation required during disclosure, so as to prepare them in adequate advance. Joint Owners: Before compensation is affected to one of joint owners, a signed letter must be presented showing that the other parties have consented that the said person receives payment on their behalf. Disputed Ownership: In case of disputes during RAP implementation, ownership of a property has to be verified by a letter from the local village council (LC1) and this letter is one of requirements on compensation day. Ownership of a disputed property is resolved by a land committee (at Sub-country level) together with local council (LC) leadership of the village in which the property is located. The structure for resolving such disputes are already in place within the local government administration system. If these free structures fail, a person resorts to courts of law. 12.2.2 Mutation of Compensated Land Upon payment, Mutation Forms will be filled and Letters of Surrender issued to Title Deed holders. From the title deeds, land compensated by the project will be mutated and its ownership henceforth reverts to Uganda Government as a road reserve.

13 IMPLEMENTATION SCHEDULE The RAP implementation schedule is proposed over a period of 1 year followed by 2 years of monitoring. The RAP implementation unit and local committees would be formed 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. Table 14 provides a schedule of RAP activities in relation to the timetable of project implementation.

Table 14: Resettlement Schedule

Month Activity

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 31 32 33 34 35

RAP approval

RAP approval by Chief Government Valuer and funder

RAP disclosure & display of valuation lists

Verification of vulnerable PAPs (including vulnerable people) by UETCL

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

6-month period allowed to vacate

Commencement of line construction

Monitoring

14 IMPLEMENTATION BUDGET The compensation and resettlement budget was based on the valuation surveyor’s estimates of cash compensation for land, crops, structures and businesses in project-affected areas. The resettlement budget is shown in Table 15. This budget excludes additional payment for income restoration and RAP implementation presented separately in Table 16 and Table 17 respectively. Table 15: Resettlement (compensation) budget (UgShs)

Table 16: Additional payment (UgShs) for income restoration

DISTRICT

Transport assistance

Compensation for loss of

businesses

Compensation for loss of

employment

Payment for buildings approval

Construction of replacement

buildings

Banking charges for

new accounts

GRAND TOTAL

KAYUNGA 3,545,000 23,400,000

1,350,000 8,600,000 All preferred cash 7,090,000 43,985,000

BUIKWE 1,435,000 - - 5,700,000 All preferred cash 2,870,000 10,005,000

Sub-Total 2 4,980,000 23,400,000 1,350,000 14,300,000 - 9,960,000 53,990,000

Table 17: RAP management budget (US dollar)

Item Duration Months Cost per month

(USD/ Month)

Total Budget notes

RAP implementation team

1 year 12 8,000 96,000 For all UETCL staff and local leaders. Cost includes per diems and living expenses

Facilitation of implementing units for Participatory monitoring

2 years (every quarter)

8 4000 32,000 Monitoring done every quarter

Office facilities and consumables

2 years 24 1000 24000

Fuel 2 years 24 1560 37440 40 litres of diesel/ day at USD1.5 per litre for 24 months

Sub-Total 3 189,440 All figures in Uganda Shillings (August 2011 exchange rate: 1 US Dollar= UgShs2475)

From tables above, total resettlement cost including RAP implementation expenses is a sum of subtotals 1, 2 and 3 (at prevailing US dollar exchange rate).

District Land Buildings & Other Improvements

Crops & Trees Disturbance Allowance (15%)

Total

Kayunga 1,084,229,481 835,187,384 456,967,800 356,457,700 2,732,842,365 Buikwe 261,426,196 260,296,825 168,025,500 103,462,278 793,210,799 Sub-Total 1 1,345,655,677 1,095,484,209 624,993,300 459,919,978 3,526,053,164

15 MONITORING Section 21 of World Bank’s OP 4.12 requires an agency implementing resettlement to monitor relocation activities. This monitoring should be supplemented by an independent monitor as considered appropriate by the Bank to ensure complete and objective information. The monitor should not be in conflict of interest and can therefore not be hired from the organization that supports the RAP’s implementation. Hence, independent monitoring role should be advertised along with terms of reference or job description and minimum requirements. Recruitment needs to be in line with World Bank, or donor procedures. Sample terms of reference for the independent monitor have been provided in Box 15.1 below. The purpose of monitoring is to provide feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. It also allows for verification of RAP implementation progress.

The major monitoring tasks are:

Formulating performance monitoring indicators to measure inputs, outputs and outcomes of relocation activities;

Involvement of affected PAPs in the monitoring process (participatory monitoring);

Evaluation of the impact and relocation for a reasonable period after completion of all activities;

Ensuring that the PAPs are the same or better off, and not further impacted by the Resettlement or land acquisition process; and

Verifying RAP implementation completion

15.1 General Objectives and Approach The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures.

This mechanism is based on two components:

a) Internal monitoring – undertaken by the Monitoring Officer in UETCL, and, b) External evaluations – undertaken by an external agency e.g. independent NGO,

University or other agency. 15.2 Internal Monitoring Process Overall objectives and tasks of the internal monitoring process are:

Tracking progress of RAP implementation including number of Paps compensated, relocated and assistance to vulnerable.

Identification of suitable indicators; Measurement of indicators at appropriate intervals; Creation of a mechanism to analyse M&E data against a pre-resettlement baseline;

Set up a system to regularly respond to M&E findings by adapting existing measures or by modifying implementation processes.

Box 15.1: Sample Terms of Reference for External Monitoring Agency Isimba HEP Project seeks and independent monitoring entity for its 132 kV transmission line Resettlement Action Plan. The appointed entity will be required to undertake roles below and submit semi-annual information to UETCL about RAP progress. a) Scope of Work: The external monitoring agency will have the following responsibilities:

Monitor RAP timelines and how they match planned implementation schedule, Monitor RAP activities, disbursement of compensation payments, and provide assessment

of compliance of RAP actions with requirements of fund agency Conduct surveys among resettled PAPs to assess their satisfaction with RAP

implementation Act as independent observer at consultative meetings and grievance resolution sessions;

b) Specific actions The monitor will:

Undertake post RAP evaluation to assess success of overall resettlement activities. Review the socio-economic baseline and census database to confirm its accuracy and

validity. Identify and select impact indicators for monitoring impacts including ones that might be

gender-specific. c) Implementation Arrangements Over the engagement period, the monitor shall report directly to UETCL’s Project Manager. d) Reporting

Detailed work plan for the assignment comprised in a comprehensive inception report that shows grasp of monitoring requirements.

Monitoring report every 6 months. e) Requisite qualifications The External Monitor must have past experience in conducting external resettlement monitoring for donor-funded projects, preferably line projects such as transmission lines or roads. The monitor should have demonstrable competency in Ugandan and donor safeguard policies. This monitoring process will be used to analyse progress and change at regular intervals and shall be linked to the various stages of the RAP, as follows.

a) During resettlement During resettlement, M&E should focus on resettlement issues such as:

Number of families that have been moved;

Number of people given possession and legal papers to new property (house or land);

Status of registration at schools and clinics; and

Registration of unemployed people.

Impacts on livelihood and income

b) After resettlement After the physical relocation is completed, monitoring shall focus on rehabilitation issues and status on each of the measures should be assessed, for example:

Target date for completion (e.g. within two months of resettlement);

Progress to date (e.g. 60%);

Progress in the last month (e.g. 20 households relocated);

Target for this month (e.g. 40 houses relocated);

Reasons for delay, if any; and

Action to be taken, including specific responsibilities of other members of implementation team.

Socio-economic assessment to ensure minimal impacts – that the PAPs are not worse off than before the RAP process.

Key activities and responsibilities are outlines below: i) Set up a System: The M&E officer at each location should develop a common

system for monitoring the implementation process which should be based on the resettlement schedule for each location.

ii) Ongoing Monitoring: The M&E Officer for each location will be in-charge of regular

monitoring of the implementation process. This will involve:

a) Feedback and inputs from the Implementation and Rehabilitation Officers. b) Reviewing of the resettlement database. c) Receiving ports from Grievance Officer and of the grievance database. d) Receiving information from local representatives.

iii) Monthly Reports: Consolidated monthly reports with key findings from the on-

going monitoring should be submitted to the implementation team and discussed every month and action points determined. This monthly progress review should aim to ensure that important issues are immediately rectified.

iv) Baseline review: Every 6 months, a limited review of all households should be

conducted, which should involve collection of data such as number of people in the household, births, deaths etc. This will ensure that the baseline is up-to date. The Implementation/ Rehabilitation Officer may undertake this task, with support from 1-2 people from the community.

v) Vulnerability assessment: It is essential that vulnerability is closely monitored in

order to provide timely support to susceptible households. A vulnerability assessment should occur as part of quarterly auditing of all households, and those households that are most vulnerable should be prioritized for monthly auditing and targeted assistance. This may be undertaken by the implementation/ Rehabilitation Officer. Key activities are:

a) Develop a set of criteria to identify vulnerable households:. b) Every three months visit vulnerable households to assess key needs/ issues (e.g.

unemployment) with the rehabilitation process. c) Develop a plan to address these issues in conjunction with the members of the

household. 15.3 External Monitoring process In addition to the internal monitoring process, external assessment of the resettlement process should be undertaken through an external monitoring agency to be appointed by UETCL. The external evaluation process will be informed by internal monitoring reports prepared by UETCL, and also through independent surveys and consultation conducted by the evaluation agency. The evaluation system will be based on: a) Process indicators that measure effectiveness of processes (consultation, grievance)

and inputs like people, equipment and materials and identify areas where improvements to existing processes are required. These may include the following:

Transparency of the implementation process.

Adequacy of staff and capacity of the implementation agencies.

Compliance of the resettlement process with Ugandan law and international standards (e.g. World Bank’s).

Effectiveness of the grievance process.

Adequacy and effectiveness of public consultation process.

Effectiveness of the internal monitoring mechanism.

b) Outcome indicators that assess the effectiveness of the resettlement and changes have

occurred to the communities’ standard of living. Key indicators are given in Table 18.

Table 18: Outcome Indicators Category Indicator

Assets

Change in housing size/no of rooms Change in housing quality Change in house ownership Change in number/access/size of outbuildings Change in access to distant land plots/ homestead land

Employment

Change in number of people employed Change in the number of ‘vulnerable’ people unemployed Change in the stability of income (e.g. from full-time to part time employment)

Income Change in the average income per person, per household Change in source of income

Expenditure

Change in expenditure/ time spent on travel (to work, healthcare, markets, extracurricular activities, cultural sites, kindergarten ) Change in expenditure on healthcare, kindergarten, household goods, livestock produce)

Category Indicator

Infrastructure

Changes in access to entertainment/ community facilities Change in access to/ quality of healthcare, education, kindergarten, markets, transportation Availability of extracurricular activities at school

Health Change in frequency/ type of health problems, frequency of accessing healthcare

Education Change in no of children attending kindergarten/ boarding school Community Change in type/ frequency of interactions Networks Change in support received within the community

a) Key Activities and Responsibilities

It is recommended that three external evaluations are undertaken.

3-6 months after resettlement (of the first households to be relocated);

18 months after the resettlement; and

24 months after the resettlement.

The 3-6 month evaluation will focus on reviewing the process to date and making modifications to existing rehabilitation measures and other processes (e.g. grievance) where required. This will allow modifications to the process to be benefit the remainder of the resettlement. The 18 and 24 month evaluations will focus on assessing impact and effectiveness of the resettlement. A socio-economic survey will be undertaken for these two evaluations, based on a sample of the total number of PAPs. In addition, the post evaluation survey will also ascertain whether suggestions/findings of the first survey have been addressed. The results of these surveys will be compared to the baseline information obtained from the household survey conducted before the resettlement process commenced to gauge the effectiveness of the resettlement process over time.

b) Other Activities

Monitoring shall also entail Performance Monitoring; Impact Monitoring and Evaluation as the explained below.

Performance Monitoring: This will be an internal management function allowing UETCL and the RAP Implementation Unit to measure physical progress against planned results and related activities against targets.

Impact Monitoring: This will gauge effectiveness of the RAP and its implementation in meeting the needs of affected PAPs. The purpose is to provide UETCL and other stakeholders responsible for the RAP an assessment of the effects of resettlement, to verify internal performance monitoring, and to identify adjustments in the implementation of the RAP as required. Affected PAPs should be included as much as possible in all phases of impact monitoring. Impact monitoring will use both qualitative and quantitative indicators.

Evaluation: This will provide assessment whether outcome of the RAP complies with World Bank’s OP 4.12 (Involuntary Resettlement). The main objective will be to determine whether UETCL’s objective to have affected persons not worse off but probably better than in pre-project condition, has been met.

Evaluation shall verify that all physical inputs committed to this RAP were delivered. In addition, evaluation shall establish whether mitigation actions prescribed in the RAP had the desired effect.

c) Reporting

The external evaluation agency will report to UETCL indicating findings of the evaluation exercise and recommendations on corrective measures in RAP implementation process.

d) RAP Monitoring Plan

This plan shows activities to monitor during RAP process, type of information to collect, responsibilities and frequency of monitoring actions. Table 19: RAP monitoring plan

Activity Data to collect Information source

Responsible party

Frequency of reporting

Performance monitoring

Measurement of Input indicators Against proposed implementation schedule and budget including procurement and physical delivery of goods, structures and services

Quarterly narrative

UETCL’s RAP Implementation Unit

Quarterly

Impact monitoring

Tracking effectiveness of inputs against baseline indicators. Assessment of PAP satisfaction with inputs

Quarterly quantitative and qualitative surveys Regular public meetings and other consultation with people affected by the project, review of grievance mechanism outputs

UETCL’s RAP Implementation Unit

Quarterly

Evaluation Measurement of output indicators such as income levels, livelihood restoration,

Assessment report based on performance and impact monitoring

Contracted external evaluation agency

On baseline, mid term and on completion of RAP implementation schedule

Activity Data to collect Information source

Responsible party

Frequency of reporting

availability of shelter and replacement of infrastructure affected by the project

reports, independent surveys and consultations with affected PAPs

Adapted from IFC Handbook for Preparing a Resettlement Action Plan.

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Annex 1. Record of consultation with affected persons Below are minutes of meetings held during consultation with various stakeholders on Environmental Social Impact Assessment (ESIA) for 132Kv transmission line and substation. (Kayunga and Buikwe districts). Meeting 1: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 30th March, 2011 Bugavu LCI village (Kayunga district) Present: Faith Mugerwa, Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: Does government have any special way of helping the

vulnerable during the time of compensation? • A: The local leaders can help the vulnerable to get their payment. • Q: Does government compensate before the project starts? • A: Yes. • A: During compensation is the disturbance allowance given to the

land lord? • A: No, disturbance allowance is the percentage given to the PAP

on top of the total amount of money valued from his property or land.

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Meeting 2: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 30th March, 2011 Bukamba B village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: If the house of the PAP is in the way leave do they have to

relocate? • A: Yes, these houses will be compensated and the PAP will be

asked to relocate. • Q: If 50 acres of my land is going to be taken, how does

government measure and compensate? • A: The valuers measure the land and compensation is done

according to the market price of the land in that area. • Q: If a PAP has land in a wetland is compensation done the same

as one in upland? • A: This is all determined by the market price in that area. • Q: If the PAP has one acre of land, is the government going to

compensate the real value of the land? • A: Yes, government pays the real value. • Q: If the government is going to pay the Kibanja owner for

example 20m, can’t the land lord sabotage the payment? • A: No the land lord cannot sabotage the payment, during

compensation; the Kibanja owner has a percentage of payment and the land lord too.

On the project • Q: Where is the line coming from? • A: The line will come from Nampanyi in Kayunga district to

Bujagali. • Q: If the transmission line is passing through our trading centers,

are PAPs going to be relocate? • A: The project tries as much as possible to avoid displacements of

many households but in case it happens, the PAPs are compensated and they relocate to other places.

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Meeting 3: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st April, 2011 Bukamba A and Kiswa villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: Does government compensate for earth graves and cemented

graves the same way? • A: No, cemented graves get a higher compensation. • Q: If the PAP has different affected plots of land in more than one

village does government compensate all of them? • A: Yes.

On the project • Q: How many lines are going to pass in our area? • A: It is only one line and that is the transmission line.

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Meeting 4: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 1st April, 2011 Namirembe village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: Is compensation done before the project starts?

• Yes. • How will the surveyors be able to get the names of the PAPs in

their absence? • A: They will have to move with the local leaders for verification

of these names. • Q: If the graves fall within the 12.5m reserve will the government

require the PAP to remove them? • A: Yes, these graves are compensated and removed.

On the project • Q: Does the government require the PAP to remove their crops immediately after surveying and valuing them?

• A: No, time will be given to the PAP to harvest these crops. Q: Is there an option for the government to build for me my house?

• A: There will be an option for the PAPs to get cash compensation or build for them houses

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Meeting 5: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd April, 2011 Gayaza A village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: Will the government compensate for the 12.5m on both sides?

• A: Yes. • Q: How will the government compensate a PAP without a bank

account? • A: Government will require every PAP to get an account in a

recognized bank. • Q: Does government compensate the Kibanja owner and the land

Lord too? • A: Yes, the Kibanja owner gets 70% and land lord gets 30% of the

total amount. On the project • Q: Is the line going to pass through Gayaza A village?

• A: Yes. • Q: Why doesn’t the project build houses for the PAPs? • A: There will be an option for the PAPs to get cash compensation

or build for them houses.

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Meeting 6: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd April, 2011 Kirimantungo village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Compensation • Q: Does government compensate for graves?

• A: Yes. • If the PAP has a plot of land and the remaining is enough to build

another house there is it allowed? • A: Yes. • Does the government compensate a person without a bank

account? • A: No, the government will require every PAP to acquire a bank

account. On employment • Will the government consider employment for men only?

• No, even the women will be considered provided they have they qualify for the job.

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Meeting 7: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 2nd April, 2011 Kotwe LC village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Project • Q: Is the PAP allowed to perform any activities in the 30m

corridor? • A: No. • Will the 30 m corridor be more expensive than the remaining 12.5

m on either side? • Yes.

On Compensation • Q: Is the Kibanja owner compensated more than the land lord? • A: The Kibanja owner gets 70% and the land lord 30% of the total

amount.

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Meeting 8: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th April, 2011 Salaama and Kilemezi A villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Project • If the PAPs house happens to be in the 30m corridor, is the PAP

paid and they relocate elsewhere? • A: Yes.

On Compensation • Q: Is the Kibanja owner compensated more than the land lord? • A: The Kibanja owner gets 70% and the land lord 30% of the total

amount. • Q: Will compensation be done before the actual project starts? • A: Yes. • Q: Does the government value old iron sheets? • A: Yes. • Q: Who determines prices for crops? • A: The District Land Board for that particular district.

On Employment • Q: Will government consider employment for the locals? • A: Yes, the government considers the locals for casual jobs.

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Meeting 9: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 5th April, 2011 Kilemezi B village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Project • Q: Will the people in the villages where the Transmission line will

pass be able to tap electricity? • A: No, this electricity is not for home consumption. • Q: When will the project start? • A: The project has stages of development so the surveyors and

valuers are already underway. On Compensation • Q: Will government compensate before the actual road project?

• A: Yes. • Q: Will the government compensate for all the property that is

destroyed? • A: Yes, apart from annual crops that are given time to be

compensated. • Q: Is it okay to fill in the form for the PAP if they are absent? • A: Yes, a relative to the PAP can help to fill in this form.

On Employment • Q: Will government consider employment for the locals? • A: Yes, the government considers the locals for casual jobs.

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Meeting 10: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th April, 2011 Natteta village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Project • Q: Will the people in the villages where the Transmission line will

pass be able to tap electricity? • A: No, this electricity is not for home consumption it will be taken

to the substation first and then brought back for people to use. • Q: When will the project start? • A: The project has stages of development so the surveyors and

valuers are already underway. On Compensation • Q: Will the government compensate a PAP without a land title?

• A: No, the government requires the PAP to prove ownership of the land before compensation is done.

• Q: Does government compensate the Kibanja owner? • A: Yes. • Q: Who determines the prices of crops for the PAPs? • A: The district Land Board for the project affected district. • Q: Why aren’t the PAPs availed with the compensation rates? • A: The leaders in these areas can get for the PAPs these rates.

On Employment • Q: Will government consider employment for the locals? • A: Yes, the government considers the locals for casual jobs.

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Meeting 11: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th April, 2011 Kiribedda and Nakatovu villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Project • Q: Can one plant coffee in the 30m corridor?

• A: No. • Q: Will the people in the villages where the Transmission line will

pass be able to tap electricity? • A: No, this electricity is not for home consumption it will be taken

to the substation first and then brought back for people to use. • Q: When will the project start?

A: The project has stages of development so the surveyors and valuers are already underway.

• The people should be notified of areas where the line will pass because they owners of the land might maliciously sell them land that is already affected.

On compensation • Q: Where can the PAP report their queries incase they are not satisfied with the compensation?

• A: They can report to the local leaders. • Q: What is the percentage of the Kibanja owner and the land lord? • A: The Kibanja owner will take 70% and the land lord 30%.

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Meeting 12: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 6th April, 2011 Kisegga, Kakande and Kibwa villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Land • Q: Land prices differ from villages to villages so a PAP might be

given little money to buy land elsewhere? • A: The PAP is expected to buy land within the same range of the

money that they are compensated. On Project • Q: Will the community in the project affected areas be able to

tap electricity? • A: No, people will not be able to tap power from the transmission

line but it will be stepped down and then brought back to the communities.

• Q: When is the project starting? • A: The project has stages of development so the surveyors and

valuers are already underway On compensation • Q: How does government compensate the deceased?

• A: The family has to get a relative approved by the district administration to be paid on behalf of the rest.

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Meeting 13: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th April, 2011 Kitabazi and Kiwalasi villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On Land • Q: Where is the line passing?

• A: The surveyors will be able to identify these areas. • Q: Does government consider any wealth that the person would

have underground? • A:No

On public utilities • Q: Will the contractors reinstate the public utilities like boreholes, spring wells if they are destroyed during compensation?

• A: It is the responsibility of the contractors to reinstate everything that will be destroyed during that time.

On compensation • Q: Won’t the government pay less money to the PAPs for their property?

• A: No. • Q: Does the government consider compensation for land in

swampy areas? • A: Yes.

On Employment • Q: Will government consider employment for the locals? • A: Yes, there will be casual jobs for the locals.

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Meeting 14: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th April, 2011 Nakirubi, Kasambya, Bukasa and Namakandwa villages

(Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On the project • Q: Is the PAP allowed to take materials from their house after

compensation? • A: Yes. • Q: When will the project start?

A: The project has stages of development so the surveyors and valuers are already underway

• Q: How will one know that they are among the PAPs? • A: This will be after the PAP has surveyed their land and they will

be required to fill in some form. • Q: If ones land is affected and the remaining is too little to

perform any activity there. Can the government compensate all of it?

• A: Yes, the government compensates all of it and the PAP relocates elsewhere.

• Q: Will the community in the project affected areas be able to tap electricity?

• A: No, people will not be able to tap power from the transmission line but it will be stepped down and then brought back to the communities.

On employment • The casual laborers for Bujagali- Tororo project had to bribe their way to get jobs. We hope it will not be the same case here.

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Meeting 15: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th April, 2011 Kamuli village (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On the project • Q: Won’t the transmission line affect the people who live near

them? • A: No. • Q: Will the community be able to get power form the transmission

line? • A: No, this power is not for home consumption but it will later be

brought back for people for consumption. On compensation • Q: Does the government compensate the PAP without an account

in the bank? • A: No, the PAP will be required to open up an account in any

recognized bank. On employment • Q: Will the contractors consider casual work for the locals?

• A: Yes, the locals will be considered for casual jobs.

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Meeting 16: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 7th April, 2011 Bukeka, Mirembe, Maligitta villages (Kayunga district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On the project • Q: When will the project start?

• A: The project has stages of development so the surveyors and valuers are already underway

• Q: When will the PAPs be required to vacate their premises? • A: That will be after compensation and also given some time to

prepare. • Q: How far will the transmission line be from the main road? • A: This will be verified after the survey is done. • Q: Will the community be able to get power from the transmission

line? • A: No, this power is not for home consumption but it will later be

brought back for people to use. • Q: Will the contractors reinstate the public utilities like

boreholes, spring wells if they are destroyed during the line construction?

• It is the responsibility of the contractors to reinstate everything that will be destroyed during that time.

On compensation • Q: Will government compensate PAPs with small pieces of land? • A: Yes. • Will government compensate for land without any property? • A: Yes. • Q: Is titled land and public land compensated the same way? • A: No, titled land gets higher compensation.

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BUIKWE DISTRICT Meeting 17: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 9th April, 2011 Kirugu Arimansi village (Buikwe district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On the project • Q: There are some men who came and dug holes in our areas

without our permission are they part of your team? • A: No, these are geologist that had come to test the soil. • Q: When will the survey work start? • A: The surveyors are already underway.

On compensation • Q: Will government compensate for land without any property? • A: Yes. • Q: Does government compensate for annual crops? • A: No, government does not compensate for such crops because

the PAPs are given time to harvest them. On graves • Q: How will valuers be able to identify earth graves for the

deceased? • A: The valuers will move with the local leaders and they will help

in the identification of these graves. On Employment • Q: Will the project provide any opportunity for the locals?

• A: Yes, the locals will be given casual work in this project.

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Meeting 18: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 9th April, 2011 Kirugu Wakikora villages (Buikwe district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On compensation • Q: In case the PAP loses a relative after valuing the graves?

Does government still compensate for this grave? • A: No. • Q: Does government compensate for property on land? • A: Government compensates both for the land and also the

property on it. • Q: If A PAP planted trees and hopes to gain from them income

over a period of time, does government consider this when compensating?

• A: No, government pays for the lost property “as is” it doesn’t consider speculation.

• Q: Does government compensate for titled and untitled land the same way?

• A: No, titled land gets a higher compensation. On project • Contractors should consider the people who live within the

affected areas to take on the casual jobs.

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Meeting 19: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 9th April, 2011 Wakikora, Wakisi II, Wakisi market (Buikwe district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On compensation • Q: During valuation of the PAPs, will the government consider the

wealth that is underground? • A: No, government does not pay for anything that is underground. • Q: Does the property belong to the PAP even after compensation? • A: Yes. • Q: If the PAP was given a plot of land (didn’t pay for it) who does

the government compensate? • A: The government compensates the land owner. • Q: Will Government compensate before the project starts? • A: Yes.

On project • During the Bujagali –Tororo transmission line, there was stone quarrying that damaged our houses and we have not been compensated for that, we hope that this project is not to affect us in the same way.

On employment • Q: Will the casual jobs be available for the people in Buikwe? • A: Yes, there will be casual jobs for the people.

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Meeting 20: Purpose of meeting: To obtain their views on the proposed project. Date held & place: 9th April, 2011 Kikuba mutwe, Nankwanga villages (Buikwe district) Present: Faith Mugerwa Sociologist (AWE)

Kalyango Richard Issues raised: On compensation • Q: If the PAP has a piece of land and was planning to build a

school, does government consider this during compensation? • A: No, government pays for the lost property “as is” it doesn’t

consider speculation. • Q: Does government compensate for both PAPs who share the 5m

way leave? • A: Yes • Q: Why doesn’t government compensate for annual crops? • A: Time is given for annual crops to be harvested. • Q: Does government compensate the Kibanja owner and the land

lord the same way? • A: No, the Kibanja owner is compensated 70% of the lost property

and the land lord gets 30% On project • Q: How many watts will the dam have?

• A: It is still under design. On employment • We request for some employment for our locals in this area.

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Annex 2. Census Questionnaire

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Annex 3. Map of the line route