REPUBLIC OF UGANDA
THE LAKE VICTORIA ENVIRONMENTAL MANAGEMENT PROJECT
(LVEMP – II)
INVOLUNTARY RESETTLEMENT POLICY FRAMEWORK
DRAFT REPORT
RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
BASIN IN UGANDA
Executive Summary ............................................................................................................ 1
1. Introduction ................................................................................................................ 2
2. Project Description..................................................................................................... 3
2.1 Project Components ................................................................................................ 3
2.2 Implementation Arrangements................................................................................ 6
3
Impacts, Land Acquisition and Resettlement ............................................................ 6
3.1 Potential Impacts of projects within the Lake Basin .............................................. 6
3.2 Land Acquisition ..................................................................................................... 7
3.3 Land Tenure systems .............................................................................................. 8
The Uganda Constitution (1995) ............................................................................ 8
3.4 Resettlement ............................................................................................................ 9
4
Principles and Objectives Governing Resettlement Preparation and Implementation
10
5
RAP Preparation, Review and Approval ................................................................. 10
5.1 Guiding Principles ................................................................................................ 11
5.2 RAP Preparation ................................................................................................... 11
5.3 Components of a RAP .......................................................................................... 12
5.4 RAP Review.......................................................................................................... 13
5.5 RAP Approval ....................................................................................................... 13
6
Estimated Population Displacement and categories of affected people .................. 13
7
Policy, Institutional and Legal Framework .............................................................. 14
7.1 Policy .................................................................................................................... 14
7.2 Institutional Framework ........................................................................................ 16
7.3 Legal Framework, Laws and Regulations ............................................................ 18
7.3.1 The Uganda Constitution (1995). ............................................................. 19
7.3.2 The Land Act (1998). ................................................................................ 19
7.3.3 The Local Government Act (1997). .......................................................... 20
7.3.4 Land Acquisition Act (1965). ................................................................... 21
7.3.5 The Access to Roads Act (1965) .............................................................. 21
7.3.6 The Roads Act (1964). .............................................................................. 22
7.3.7 The Town and Country Planning Act (1964). .......................................... 22
7.3.8 Bye-laws ................................................................................................... 23
7.3.9 The Judicature Act .................................................................................... 23
7.3.10 National Environment Act Cap 153 .......................................................... 23
7.3.11 The Water Act, Cap 152 ........................................................................... 24
7.4 World Bank Safeguard Policy on Resettlement.................................................... 26
7.5 Differences between Uganda Laws and the World Bank/Donor Policy............... 27
8
Eligibility Criteria for various categories of affected people................................... 28
9
Methods of Valuing affected assets ......................................................................... 32
9.1 Valuation Procedure.............................................................................................. 32
9.1.1 Standard valuation tables .......................................................................... 32
9.1.2 The Asset Inventory .................................................................................. 32
9.1.3 Methods of Compensation ........................................................................ 33
9.2 Valuation Method to be adopted ........................................................................... 33
9.3 Calculation of Compensation by Asset ................................................................. 34
9.3.1 Compensation for land .............................................................................. 34
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9.3.2 Land measurement .................................................................................... 34
9.3.3 Calculation of Crops Compensation rate .................................................. 34
9.3.4 Compensation for Buildings and Structures ............................................. 35
10 Organizational Elements and Procedure for Delivery of Entitlements including
Responsibilities of Each Actor.......................................................................................... 36
10.1 Consultation and Public Participation ....................................................... 36
10.2 Notification of Land Resource Holders .................................................... 36
10.3 Documentation of Holdings and Assets .................................................... 36
11 Generic Aspects of the Implementation Schedule ................................................... 36
11.1 Linkage to Sub Projects ............................................................................ 37
12 Grievance Redress Mechanisms .............................................................................. 37
13 Budget and Funding Arrangements ......................................................................... 38
13.1 Dispositions or Funding ............................................................................ 38
13.2 Estimated costs.......................................................................................... 38
14 Methods for Consultation with and participation of Affected People ..................... 39
15 Monitoring Arrangements ........................................................................................ 39
16 Template for the design of sub project RAPs .......................................................... 40
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Executive Summary
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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1. Introduction
The Government of Uganda (GoU) through the Ministry of Water and Environment has
received a Project Preparation Facility (PPF) Advance from the World Bank for the
preparation of the Second Phase of the Lake Victoria Environmental Management Project
(LVEMP II). This Project is geared to enhancing environmentally friendly economic
growth in the Basin through knowledge generation for development, socio-economic
development, sustainable natural resources management framework, and enhancing
public participation and communication. The Project therefore, seeks to contribute to the
wealth creation, employment generation, and provision of quality ecological services.
Lake Victoria and its Basin are shared transboundary resources, which have received a lot
of attention over the last decade. Lake Victoria is a shared by Kenya, Tanzania and
Uganda and is part of the Nile River Basin system, which is shared by ten countries:
Burundi, Democratic Republic of Congo, Egypt, Ethiopia, Eritrea, Kenya, Rwanda,
Sudan, Tanzania, and Uganda. Rwanda and Burundi are part of the upper watershed that
drains into Lake Victoria through the Kagera river. In addition to its environmental
values, the Basin indirectly supports a poppulation of over 30 million people. In addition
the lake supports a large fishing industry for export and local consumption, hydropower
production, drinking and irrigation water, lake transport, and tourism among a range of
socio economic activities.
The Project will support community-driven investments and promote private sector
involvement in sustainable economic growth and environmental management for the
benefits of both upstream and downstream communities. Owing to the community driven
nature of most these components of the project, the exact location nature and magnitude
of the projects to evolve can not yet be determined with certainty. It is nevertheless
relevant to prepare possible scenarios for the likely resettlement in the event that both
voluntary and involuntary resettlement is carried out in the course of implementing
development programs within the basin.
In view of the foregoing, and in line both National and Donor Safeguards and standards
(inclusive of the WB OP 4.12) it is required that a Resettlement Policy Framework (RPF)
is developed to take into account the various development scenarios. This Resettlement
Policy Framework (RPF) is therefore developed to provide guidelines on how the
projects will avoid, manage or mitigate potential risks and the process by which
Resettlement Action Plans will be prepared and implemented. The preparation of
Resettlement Action Plans (RAPs) will therefore be required as the different scenarios of
development (particularly those leading to either voluntary or involuntary resettlement)
evolve and are implemented.
In order to ensure a community-responsive development program, two types of
resettlement planning are done. First is a Resettlement Policy Framework (RPF) that will
guide and govern the project as subprojects are selected for inclusion. Second are the
specific resettlement plans (RAPs, “resettlement action plans”) that are done for each
subproject where the displacement described above will take place. It is the
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responsibility of the Government of Uganda (GoU) to prepare these documents. It is
imperative that the RPF undergoes a Public Disclosure Procedure such that it is publicly
accepted and owned.
2. Project Description
The projects operational areas will include the whole of the Lake Basin taking into
account the various trans-boundary resources as they are shared by the communities in
the Basin. For the entire project, indirectly beneficiary communities have a population of
over 30million people of whom 3 million are directly supported by the lake resources. In
Uganda the Districts directly covered include XXXXXX. The project is composed of a
number of componets as described below: -
2.1
Project Components
Component 1: Building the information base for governance and growth.
This component will build on the results of LVEMP I and will support ongoing and
targeted new: (i) applied and adaptive research programs that explore the ecosystem
health, and develop management and technological responses; (ii) monitoring, control,
and surveillance systems (iii) sharing of information using the established protocols. Its
two sub-components include the Applied Research and monitoring and evaluation.
(i) Applied Research.
LVEMP-2 will finance continuation of research to generate relevant environmental,
social, and economic related findings and outcomes to guide Lake Basin management
decisions. Scientific research areas will include: (i) fisheries resources - taxonomy,
genetic diversity (species conservation in satellite lakes), fisheries stocks, and fish
biology; (ii) water resources - quality, quantity or balance, hydrology, eutrophication,
pollution loading, nutrients balance, communicable water-borne diseases, and
sedimentation; (iii) land resources – erosion rates, nutrient losses, and integrated soil and
water management practices; and (iv) aquatic weeds - water hyacinth and other invasive
species.
(ii) Monitoring and Evaluation system.
LVEMP-2 will finance the development of the scientific and socio-economic data
gathering protocols, monitoring and evaluation framework, and data sharing mechanisms.
It will also support the monitoring of key environmental and socio-economic parameters,
using process, stress reduction, and impact indicators. The Lake Basin management
indicators, such as the performance of policies, institutions, stakeholder participation,
technologies, information systems, and financing arrangements will also be monitored.
Results from research and monitoring will guide management decisions on selection of
investments required under components 2 and 3.
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Component 2: Strengthening governance of transboundary resources.
This component will focus on building institutions to improve governance. Its objective
is to foster transparency, accountability, and voice, as well as improve performance of
key regional and national institutions. The component will establish and/or strengthen
regional and national institutions that regulate, monitor and enforce sustainable utilization
of natural resources and environmental standards. Mechanisms for resolving disputes
over natural resources management and environmental impacts will also be developed.
This component will have three sub-components:
(i) Policy, legal, and regulatory framework for natural resources and environmental
management.
LVEMP-2 will finance efforts to harmonize national policies, laws, and regulations
governing the sustainable utilization of land, fisheries, and water resources. In particular,
efforts will focus on establishment of regional and harmonized national environmental
regulatory standards and mechanisms for enforcement.
(ii) Institutional development and strengthening.
The project will finance strengthening of the capacity of the Lake Victoria Basin
Commission (LVBC), and the Lake Victoria Fisheries Organization (LVFO); National
Institutions such as
the national water, fisheries, and environmental management
institutions; and local government authorities, in order to improve and sustain the
management and utilization of the shared Lake Victoria Basin resources and especially
Management of the Water Resources in the Lake Victoria Basin.
(iii) Capacity building.
The project will finance the capacity building programs of the regional, national, and
local institutions responsible for undertaking applied research, management of the Lake
Basin resources, and enforcement of environmental standards. Capacity will be enhanced
through long and short-term training, technical assistance, provision of office and
laboratory equipment, and research/monitoring marine vessels.
Component 3: Enhancing sustainable economic growth.
This component will help to reduce the costs of doing business in the basin in
environmentally benign ways, through defraying expenses for competent assessment of
environmental impacts of proposed investments and sharing the costs of ecologically
friendly choices of technology. Efforts supported under this component will also help
identify investment opportunities that could be pursued in environmentally acceptable
ways and yield benefits to the local populations. Interventions will be implemented at the
community, district, national, and regional levels. There will be public and private
investments under as outlined below.
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(i) Public investments in environmental management.
The objective of this sub-component is to accelerate growth by improving sanitary
services. The project will identify high priority areas and hotspots for direct intervention
while catalyzing resources to control point-source pollution. Areas for support include
feasibility studies and addressing of hotspots and leveraging resources for wastewater
treatment, rehabilitation of selected sewerage treatment and solid waste management
systems of the major urban centers around the Lake Victoria such as Kisumu, Homa Bay,
Mwanza, Musoma, Bukoba, Entebbe, Jinja, and Kampala. The project will complement
investments by the jurisdictions with the intent to ensure consistent application of effluent
standards across boundaries.
(ii) Community-driven investments in management of natural resources.
This sub-component will seek to reduce non-point source pollution (sediment loads,
nutrients, and agro-chemicals) by rehabilitating critical catchments in the watershed. The
project will provide matching grants to riparian communities, with particular emphasis on
the poor, marginalized groups, women, and young people, to promote local partnerships
in addressing degradation of the watershed. Community-driven approaches will be used
to scale up watershed rehabilitation interventions, such as integrated management of soil
and water, reforestation and afforestation, catchment protection, and rehabilitation of
degraded wetlands. In keeping with the principle of subsidiarity, where existing
instruments can be used to address the problems, LVEMP2 will seek to catalyze and topup those instruments. The project will not create additional and/or parallel systems where
programs of local government or ongoing community-driven instruments, such as
TASAF, can be adapted to meet environmental management objectives.
(ii) Private sector development initiatives.
This sub-component will promote economic growth by supporting actions that reduce
cost of doing business. The objective is to improve the investment climate, enhance
incentives for attracting Micro, Small and Medium Enterprises (MSMEs), and attract
private capital to environmentally friendly activities. Through an environmental fund,
the project will establish a facility to undertake environmental assessments for potential
private investors. Those who evidence intent to implement “green development” i.e.,
measures included in project designs to mitigate environmental risks, may be eligible for
additional payments from the fund. The project will support the establishment of
payments for environmental services to address environmental externalities with
downstream impacts, and benefit sharing. Programs of environmental certification will
be explored.
Component 4: Raising public awareness through education and communication.
This component will support public education programs and communication. The results
of research and monitoring will be made available in language that decision makers,
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stakeholders, and resource users can understand. The sharing of information will be done
through establishment of information centers, training of journalists and interaction with
the media, and involvement of local people and communities. The monitoring and
evaluation (M&E) indicators will be used to communicate easy-to-understand summaries
of scientific research and monitoring programs. This information will be stored in a
GIS-based regional Management Information System (MIS).
This RPF is contribution to the on-going process of LVEMP-2 formulation as it provides
appropriate Operational Safeguards for evolving resettlement options.
2.2
Implementation Arrangements
The project will be implemented through the Ministry of Water and Environment in
Uganda which is the National focal point Ministry. At the Regional level , it will be
coordinated by the Lake Victoria Basin Commission (LVBC) of the East African
Community (EAC). Section six below sets out the Policy , Institutional and Legal
Framework under which the RPF will apply.
3
Impacts, Land Acquisition and Resettlement
3.1
Potential Impacts of projects within the Lake Basin
Involuntary resettlement will lead to displacement of communities/individuals often with
undesirable effects. It is necessary to define for this RPF the different categories of
persons who are likely to be impacted in the lake basin area. These definitions and
descriptions are detailed below: 
Project Affected people: - This Resettlement Policy Framework considers
Project Affected People (PAP) within the Lake Basin as those who stand to lose
as a consequence of the various projects which will evolve within the Basin or
those who will lose part of their physical and non-physical assets including
homes, communities, productive lands, resources such as forests rangelands
fishing areas, important cultural sites, commercial properties, tenancy, income
generating opportunities, social and cultural networks and activities. Such
impacts may be permanent or temporary. This might occur through land
expropriation using eminent domain or other regulatory measures and include
restricted or reduced access to legally designated parks or protected areas such as
gazetted forests. The RPF applies to all economically and / or physically
displaced persons regardless of the total number affected, the severity of impact
and whether or not they legal title to the land. In preparation of a RAP, particular
attention must be paid to the needs of vulnerable groups especially those below
the poverty line the landless, the elderly, women and children, indigenous groups,
ethnic minorities and other historically disadvantaged groups.
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3.2

Categories of project affected persons: - Categories of project affected persons
within the Lake basin project areas will include an individual, affected
Household, Vulnerable households (indigenous peoples, unmarried women, the
elderly, HIV/AIDS affected persons, orphans and street children, Women headed
households, small scale female farmers and non farming females and males).

Numbers of affected houses: - Within the Framework, it is not possible to
determine the household numbers which will be affected by the lake basin
projects. These numbers will be project and place specific underscoring the need
to systematically determine the numbers on a project by project basis.
Land Acquisition
Acquisition of Land is often one of the major action which leads to resettlement and
relocation of people. It is therefore necessary to have in place a Land Acquisition Plan
within the specific project area so as to ensure that relevant social issues that are likely to
arise from the perceived project activities are addressed. This serves to avert the negative
impacts on people to whom the project or initiative is intended to serve. In addition the
resettlement plan also involves all stakeholders into participation and consultations in the
Land acquisition process to ensure smooth implementation of the specific project within
the framework of the LVEMP II. Cadastral Surveys must be carried out covering that
portion of the project area that is to be acquired for purposes of implementation of the
proposed specific project.
Under such circumstances when land acquired is occupied by people / communities,
actual resettlement is necessary for those affected households which have no land within
the vicinity of the development. Subsequently, the land acquisition plan allows adequate
compensation for people’s losses and sets in place appropriate remedial measures
including grievance channels for the affected persons/communities.
In view of the foregoing, the main objectives of the land acquisition plan are:

To ensure that the displaced people receive benefits from the displacing
project.

To raise and spread awareness of the project and its consequences among the
public in general and those that are directly affected by it in particular;

To prepare and implement a Land Acquisition Action Plan setting out
strategies and schedules to mitigate adverse effects.

To establish the actual compensation costs necessary for resettlement and the
land that is to be acquired for the proposed project.
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
3.3
To acquire the actual land area necessary for the execution of the proposed
project.
Land Tenure systems
Land acquisition within Uganda must take into account the different land tenure systems
that are available within the Lake Basin as provided for under the Ugandan constitution.
The land tenure systems as they relate to various socio economic activities are well
articulated in the Ugandan laws. These laws include the 1995 Constitution, the Land Act
(1998), and policies such as the one on resettlement and compensation. These are
described further in the proceeding paragraphs.
The Uganda Constitution (1995)
Article 237(1) of the Constitution vests all land in Uganda in the citizens of Uganda.
However, under Article 237(1) (a), the Government or Local Government may acquire
land in the public interest. Such acquisition is subject to the provisions of Article 26 of
the same Constitution, which gives every person in Uganda a right to own property. The
Constitution also prescribes the tenure regimes in accordance with which rights and
interest in which land may be held (Customary, Leasehold, Mailo, and Freehold). It
provides procedures to follow during the acquisition of land in the public interest and
provides for the “prompt payment of fair and adequate compensation” prior to taking
possession of land. The Constitution however does not make resettlement a right.
Within the project area, a combination of the four land tenure systems in the country can
be found. Article 237 of the Uganda constitution, defines four land tenure systems,
including the Customary, Freehold, Mailo land and Public Land/ leasehold tenure
systems. The incidents of these systems are detailed under Section IV of the Land Act
1998 as follows:
Customary Tenure



this is governed by rules generally accepted as binding and authoritative by the class
of persons to which it applies (Customary regime is not governed by written law);
it is owned in perpetuity; and
Customary occupants derive the rights on that land by virtue of their customary
rights. They are entitled to certificates of customary ownership through the Parish
Land Committee.
Freehold Tenure

derives its legality from the constitution and its incidents from the written law;
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

involves the holding of land in perpetuity or for a period less than perpetuity fixed by
condition; and
enables the holder to exercise, subject to the law, full powers of owner ship.
Mailo Tenure





has roots in the allotment of land pursuant to the 1900 Uganda Agreement;
derives its legality from the constitution and it incidents from the written law;
involves the holding of land in perpetuity;
permits the separation of ownership of land from the ownership of developments on
land made by a lawful or bona-fide occupant; and
enables the holder to exercise all the powers of ownership, subject to the rights of
those persons occupying the land at the time of the creation of the Mailo Title and
subsequent successors.
Leasehold



3.4
is created either by contract or by the operation of the law;
is a form under which the Landlord of the lesser grants the tenant or lessee exclusive
possession of the land, usually for a period defined and in return for a rent; and
the tenant has security of tenure and proprietary interest in the land.
Resettlement
Whenever possible the project sponsors or owners should avoid the displacement /
relocation of people by exploring alternative project designs. Where displacement of
people is inevitable, the project designer should plan and execute resettlement as a
development initiative that provides displaced persons with opportunities to participate in
planning and implementing resettlement activities as well as to restore and improve the
livelihoods of the resettled people.
The principles guiding resettlement are provided under section 4.1 below. However to
ensure a fair and equitable resettlement action the following are the essential ingredients
in the resettlement action plan.

The project affected people must be provided with options regarding
compensation, resettlement assistance, and livelihood restoration packages

The project sponsors and managers must ensure that Project contractors abide by
all RAP principals and procedures

It is important to know that men and women have different opportunities for
access to productive resources such as land, employment and markets.
Resettlement will therefore affect men’s and women’s livelihood differently.
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4
Principles and Objectives Governing Resettlement Preparation and
Implementation
The RPF is a statement of the policy, principles, institutional arrangements and
procedures that the GoU will follow in each subproject involving resettlement. It sets out
the elements that will be common to all the subprojects. Preparing it allows the Bank and
the GoU to agree on principles and processes, so that these need not be discussed for
every subproject. It also allows project implementers, who may be in many locations,
agencies, or communities, to undertake specific subprojects without having to renegotiate fundamental agreements. Where there is an RPF in place, the RAP is a detailed
action plan for treating a given set of people and / or community in implementing various
development activities and programs. In this way, all those who will lose land for
example to the construction of a school, or those whose houses will be affected by the
laying of a water or sewage line, or those who will be excluded from land they occupy or
enter for grazing resources or the operation of their enterprise may not suffer unduly.
This report is Uganda’s RPF document taking into account the Policy, Institutional and
Legal Framework as it relates to resettlement. This framework therefore ensures that
resettlement and compensation for lost resources will be conceived and executed in a
sustainable manner.
It provides guidelines for the development of appropriate mitigation measures for impacts
caused by the project activities. The RPF therefore is to be used as tool to guide the
preparation of Resettlement Action Plans for sub project activities during implementation
of the LVEMP II. In particular it will be used: 





5
To avoid, manage, and/or mitigate potential risks arising out of displacement.
To assess the potential areas of environmental, ecological, economic, cultural and
social impacts of the proposed Programme.
To propose comprehensive and feasible mitigation measures to safeguard the
basin’s ecological and environmental integrity and the people’s livelihoods.
To inform the programme preparation process of the potential environmental,
ecological, socio-economic and cultural impacts of the different programme
components.
To establish clear methodologies for environmental and social screening of the
project activities to be supported by the Programme.
To develop a Resettlement Action Plan and propose an implementation
framework for RAP.
RAP Preparation, Review and Approval
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This Resettlement Policy Framework considers Project Affected People (PAP) as those
who stand to lose as a consequence of the various projects which will evolve within the
Basin or to lose part of their physical and non-physical assets including homes,
communities, productive lands, resources such as forests rangelands fishing areas,
important cultural sites, commercial properties, tenancy, income generating opportunities,
social and cultural networks and activities. Since this RPF will apply to all the
economically and /or physically displaced persons regardless of the total number affected
or the severity of the impacts and whether or not they have legal title to the land, it is
imperative that the RAP preparation is right from the beginning seen to be inclusive,
transparent and easily implantable. That is why all stakeholders (Policy Makers,
Administrators, Enforcers, the Lending agencies, the community, political leadership
among others) must be involved at all stages of the RAP preparation culminating into
Public Disclosure before it can be accepted by both the GoU and the Donor Agency. In
particular the following stages will be followed during the preparation of the RAP: 5.1
Guiding Principles
The audience of this RPF includes the GoU, World Bank, the private sector that will
initiate development programs within the Lake Basin, Non Governmental Organizations
that will work with communities in the Basin, and the communities/peoples whose life
will be affected by the various development projects within the basin. This RPF is guided
by the World Bank’s Operational Directive 4.30, Involuntary Resettlement as well as
the GoU’s Policy Framework on Resettlement taking into account the related laws. The
basic or guiding principles of the RPF for purposes of addressing the adverse effects of
involuntary resettlement that will be associated with investment projects within the Lake
Basin include the following: 



Involuntary resettlement should be avoided as much as possible;
Where Involuntary Resettlement is inevitable, all people affected by it should be
compensated fully and fairly for lost assets and damaged livelihoods;
As far as possible, involuntary resettlement should be conceived as an opportunity
for improving the livelihoods of the affected people and undertaken accordingly;
All people affected by involuntary resettlement should be consulted and involved
in resettlement planning to ensure that the mitigation of adverse effects as well as
the benefits of resettlement are appropriate and sustainable;
It is expected that the investment within the Lake Basin will be diverse and often place
specific. For this reason it may be difficult to have a Framework applying uniformly to all
developments in the region. The RPF is therefore an important guide to managing
involuntary resettlement and not to be viewed as a rule book.
Specific approaches to resettlement and restoration of livelihoods will have to be
designed to meet the needs of the Project Affected People (PAP).
5.2
RAP Preparation
This RPF is the result of a preparation study/review with the following objectives.
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


To asses the potential areas of environmental and social impacts of the proposed
Lake Basin projects in the context of LVEMP II;
To highlight the potential environmental and social impacts of the different
alternative livelihoods in the event of involuntary resettlement so that the project
preparation process can take into account the needs and views of the PAPs;
To establish guidelines and methodologies for the environmental and social
screening of the likely project activities within the context of LVEMP II
In this regard, the RAP will start with the need to investigate the different alternatives
which could lead to the avoidance of involuntary resettlement. If there is no option then
the following stages are taken: 




5.3
Identification and hiring of an appropriate team that will would carry out the
RAP (Such a team should include a Sociologist, Surveyor and Valuation Experts
and in the case of Uganda the Local Government representatives);
A comprehensive literature /document review will be conducted to ensure that
current status and other operational needs /directives are taken into account in the
event of involuntary resettlement;
Consultations with the key stakeholders will be initially done to justify the need
for the resettlement and plan the way forward;
Definition of the project affected people (PAPs) – the PAPs are those who stand
to lose as a consequence of the proposed projects within the basin, all or part of
their physical assets , including homes, communities, productive lands, fishing
areas, or important cultural sites , commercial properties, tenancy, income earning
opportunities, as well as social and cultural networks and activities;
While identifying the project affected people, particular attention is to be paid to
the needs of the Vulnerable groups among those economically and /or physically
displaced particularly those below the poverty line, the landless, the elderly,
women and children, women and child headed households, indigenous groups,
ethnic minorities, HIV/AIDS afflicted persons, orphans and street children, and
other historically disadvantaged groups who may not be protected by Uganda’s
land compensation procedures;
Components of a RAP
Having taken into account the above considerations, there will be at least six major stages
in the preparation of a RAP within the context of LVEMP II. These which are aimed at
identifying the affected population and impacts are as follows: 1. Mapping: - Thematic maps are needed so as to identify population settlements,
infrastructure, soil composition, natural vegetation areas, water resources, and
land use patterns within the project area.
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2. Census: - There will be a census that enumerates the affected people and registers
them according to their location and social characteristics (e.g. ethnicity, religious
affiliation, migration status among others).
3. Inventory: - An inventory of lost and affected assets of each household, enterprise
and at community level.
4. Socio economic studies and surveys: - Socio economic studies and surveys of all
affected persons including seasonal migrants and host populations as may be
deemed necessary.
5. Analysis of surveys and studies: - Analysis of surveys and studies are done to
establish compensation parameters to design appropriate income restoration
measures and sustainable development initiatives and to identify baseline
monitoring indicators.
6. Consultation with affected populations: - Consultation with affected populations
is to be done regarding mitigation of effects and promotion of development
opportunities.
Each of these major stages is described in detail in the chapters ahead.
5.4
RAP Review
It is essential that in its development the RAP has included all the stakeholders especially
the Project Affected Persons. When it is at its final draft stage therefore, the RAP must be
deposited for public disclosure to enable all involved review it and make appropriate
adjustments where necessary. To comply with the WB’s Policies on Environmental
assessment of projects and disclosure of information all sponsors of project resulting in
involuntary resettlement are required to prepare and publicly disclose a RAP. The RAP
must be prepared through a process of Public Consultation with all interested and
affected parties. Among others this will enable all stake holders to own the RAP and will
ease its implementation reducing potential grievances at a later stage.
5.5
RAP Approval
Following its review and when all the stake holders have achieved a consensus then the
RAP may be approved and implemented.
6
Estimated Population Displacement and categories
of affected people
These guidelines of the RPF apply to all components under the specific projects as they
were perceived in the context of LVEMP II. It applies to all economically and or
physically displaced persons regardless of the total number affected the severity of
impact, and whether or not they have legal title to the land. It is imperative that the
affected population and their categories are enumerated and accordingly classified to
ensure smooth relocation and or compensation.
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The RAP will first identify the categories of PAPs within the Project area. The affected
persons will depend on the specific project area, project type and or project magnitude /
coverage. In general three categories of PAPs may be encountered. These are as follows:

Affected Individual: - This is an individual who is at risk to lose assets ,
investments, land , property and /or access to natural and / or economic resources as a
result of the project. This could be a person who farms on steep slopes or gathers
firewood in gazetted forests or has livelihoods within the protected river line as
provided for under the National Environment Management Act.

Affected Household: - A household is affected if one or more of its members are
affected by the project. This includes
a) Any members of the household (men women , children, dependant
relative, friends and tenants)
b) Vulnerable individuals who may be too old or ill to farm along with the
others
c) Members of households who can not reside together, because of cultural
rules , but who depend on one another for their daily existence
d) Members of households who may not eat together but provide house
keeping or other activities critical to the family’s maintenance
e) Other vulnerable people who can not participate due to being physically
challenged or even for cultural reasons, in production, consumption or coresidence.

Vulnerable House holds: -
Categories of project affected persons: - Categories of project affected persons within
the Lake basin project areas will include an individual, affected Household, Vulnerable
households (indigenous peoples, unmarried women, the elderly, HIV/AIDS affected
persons, orphans and street children, Women headed households, small scale female
farmers and non farming females and males).
7
Policy, Institutional and Legal Framework
7.1
Policy
It is the Uganda Government Policy that all persons affected by development projects in
general (Including road construction works, leave ways, hydro power projects among
many others) be resettled and adequately compensated for their structures, crops and loss
of livelihood. There is in place an elaborate Institutional and Legal Framework to ensure
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compliance with the Policy requirements. Further more the Funding Agency, World
Bank, has its own Safe Guard Policies (OD 4.30) regarding resettlement and loss of
livelihood due to displacement of persons.
Some of the Agencies have in place a Resettlement / Land Acquisition Policy Frame
work in Uganda. In particular the Road Authority formally the Road Agency Formation
Unit (RAFU) have the resettlement policy which is summarised under the RAFU road
development programme frame work as shown in Box 7-1 below.
Box 7-1:
RAFU Road Development Programme Resettlement/ Land Acquisition
Policy Framework
The 1995 Uganda Constitution provides that every person has a right to own property (Article 26) and that
no person shall be compulsorily deprived of property or any interest in or right over property in except
where, amongst other conditions, there is payment of fair and adequate compensation, prior to taking of
possession or acquisition of the property. The Uganda Constitution takes precedence over the Land Act
(1998), as amended, and Land Acquisition Act (1965), which read together, provide the legal basis for the
applicable law.
Land Acquisition for Road Sector Development Programmes:
The Government of Uganda with assistance from various financial institutions and from bilateral
arrangements developed a 10-Year Road Sector Development Programme 2 (RSDP 2:2001/02 – 2010/011).
Since roads maintenance activities were on existing road alignments, land acquisition was not a major
procurement. But with implementation of RSDP 1 & 2 surveying and valuations of the land, crops/trees,
structures and buildings affected for new road alignments have become mandatory under the Land Act
(1998) as amended.
The Road Act (1964)
The Road Act (1964) provides for the establishment of road reserves and for the maintenance of roads by
empowering the responsible Minister of Works and Transport to declare road reserves by Statutory
Instrument.
The Act provides that the minimum area of land acquired for road construction is the road reserve which
is defined as an area bounded by imaginary lines parallel to land distant fifty feet (First Schedule) and
thirty three feet (Second Schedule) from the centre line of a road listed in either Schedule of the Act.
Where construction extends outside the reserve, additional areas of land are also acquired. In addition,
the 20- metre road reserve limit is adopted for urban authorities and selected populated urban growth
centres such as Trading Centres.
The need for Government to maintain basic control over developments along the road is to ensure that
basic necessities of maintaining road geometry and engineering needs, e.g.: site lines; horizontal
curvatures; site distances; road safety considerations etc. That control is exercised with flexibility for
minimizing social economic consequences over the general public’s use of the Road Reserves (for
cultivation).
Resettlement Action Plan
Both the Uganda Constitution and the Land Act (1998), as amended, require that adequate, fair and
prompt compensation is paid before taking possession of land and property. Therefore the Government of
Uganda and Uganda’s Development Partners require preparation of a Resettlement Action Plan for road
projects. This is done to ensure that there are minimal social disruptions and negative effects on
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people’s livelihoods. The compensations assist those who have lost assets as a result of a road project to
maintain their livelihood through income restoration.
Part B of the Resettlement Action Plan contains the valuation roll of project affected persons, their
valuation assessments and the compensation packages payable including strip maps showing the locations
of the affected land and properties adjacent to the road alignment.
The Resettlement Action Plan is discussed with the National Environmental Management Authority and the
Chief Government Valuer of the Valuation Division in the Ministry of Lands, Housing & Urban Development
approves the Valuation Roll. This demands fair and transparent compensation.
Source:
Road
Agency
Formation
http://www.rafu.or.ug/index.php?option=com_content&task=view&id=60&Itemid=82
Unit
(RAFU).
For neutrality and transparency, it is proposed that whenever possible, suitably qualified
Ugandan Community Based Organisations (CBO) be engaged to oversee the
compensation process to ensure that those displaced receive fair compensation; also that
they are ‘assisted in their efforts to improve their livelihoods and standards of living or at
least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior
to the beginning of project implementation, whichever is higher’. This principle is in line
with the World Bank’s Involuntary Resettlement Policy (OP 4.12).
7.2
Institutional Framework
There are three main actors who may be involved in carrying out resettlement and or
compensation as required in Development projects where involuntary relocation or
resettlement is indicated. These are the Ministry of Lands, Housing and Urban
Development (responsible for Compensation), and lead agency Ministries depending on
the project under implementation. Currently Table 7-1 below gives an indication of
selected Lead Ministries and Agencies that would be involved in the implementation of
the resettlement activities as they relate to the different projects.
Table 7-1: Selected Ministries and Lead Agencies relevant to resettlement projects
S/No Lead Ministry/Agency
Project type
Role
1
Ministry of Works and Roads
development Policy, supervisory
communication
and /or communication
infrastructure
2
Ministry of Lands, Housing All projects where Compensation
and Urban Development
compensation
is assessment & approval,
requires and specific and Policy /supervisory
projects in the sector roles in sector specific
such
as
housing projects
developemnt
3
Ministry of Water and Water
and Policy, supervisory
Environment
Environment
related
projects
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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4
5
6
7
8
9
10
Ministry of Tourism, Trade Industrial development
and Industry
and tourism related
activities
Ministry of Health
Hospitals, health Units
and related works
Ministry of Energy
Petroleum,
Energy
projects (Hydro Power
development
etc)
projects
Ministry of Agriculture, Sector related projects
Animal
Industry
and which may lead to
Fisheries
resettlement
Ministries in charge of Movement of persons
security ( Defense and and peace keeping
Internal
affairs,
Local
Government)
Ministry of finance and Compensation projects
Economic Developpment
National
Environment Environment
Impact
Management authority
Assessments
11
Uganda wildlife Authority
Wildlife
projects
12
Uganda
Bureau
of
Standards
Beach management Units
(BMUs)
Civil Aviation Authority
All
types
where
standards are required
Fishing and beach
related activities
Construction
of
airports, runways and
aerodromes
13
14
15
Donor
Bank)
Agency
Related
(World Donor (WB) supported
projects
Policy, supervisory
Policy, supervisory
Policy, supervisory
Policy, supervisory
Policy, supervisory and
Implementation
Release
of
compensation funds
Improvement,
Monitoring
and
environmental
compliance
Improvement,
Monitoring
and
wi8ldlife
regulations
compliance
Standards and quality
assurance
Management of Fishing
villages
Supervisory
,
Implementation
Standards and quality
assurance
Ensure
compliance
with
Operational
Directives (OD 4.30)
In addition the District administrations (Local Governments) would be heavily involved
in all resettlement, relocation and compensation efforts for such projects where
resettlement is indicated. For this purpose, each district in Uganda has a five tier Local
Government structure which operates from the lowest level known as the Local Council I
through to the Local Council V at the District Headquarters. This structure is a political
set up whose office bearers are elected into their positions. There is a parallel
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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administrative structure at each Local Government level composed of technical public
officers whose appointments are based on the required qualifications and experience for
the respective technical offices. These are headed by the Chief Administrative Officer
(CAO) who is also the accounting Officer of the district. All projects which require
resettlement have to closely liaise with this local Government administration to ensure
equity, acceptability and compliance.
Along the lake shores, there are fish landing sites which fall under the LC1 administrative
structure. Fish landing sites are important components of these lower administrative
units which often have operational administrative arrangements to manage themselves as
fishing communities. This is so because fishing communities have been isolated and for a
long time were generally not accessible. Resettlement and Compensation activities along
the Lake Victoria shores would have to closely liaise with these beach management Units
which are important administrative Units where they exist. Where the BMUs are well
established, the access is controlled. The BMUs ensure a legally empowered community
for the management of the lake resources. These are democratic, gender responsive units
which are put in place by the beach communities in order to:






promote higher incomes for the lake dependent people;
ensure increased revenue to the local Governments;
improve infrastructure at landing sites;
improve sanitation at landing sites;
reduce illegal fishing activities and resource user conflicts; and
ensure improved links to other stakeholder organisations.
BMUs are therefore an important management tool for the benefit of the fishing
communities around the lake in particular and the beach resident communities in general.
Secondly, although there is some diversity in terms of ethnic composition of the people in
the basin, there some district in the basin which have got either a King or a Cultural
leader. These had been abolished in 1966 but restored in 1994. The cultural head in each
district is symbolic without having administrative or political powers. Nevertheless some
of them like the King (Kabaka) of Buganda wield immense influence which can often
determine/ guide political direction.
The Kabaka of Buganda directs the cultural issues of the majority of the indigenous
Baganda. Migrants within this area are expected to honour and respect the king. The king
has a parallel structure composed of chiefs along the same lines as the Local Councils.
These cultural leaders hold considerable powers with respect to cultural issues and issues
of land rights and land use/allocation.
7.3
Legal Framework, Laws and Regulations
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The position of the Uganda Government in relation to Resettlement/compensation to be
paid if damage is caused to land is clear under the 1995 Constitution and other Ugandan
Laws as well as the World Bank policies and guidelines. In this section, a detailed
description of the Legal Framework for the implementation of Involuntary Resettlement
projects within the Lake basin is given. In particular, the following Uganda Laws
comprise of the Legal Framework
7.3.1 The Uganda Constitution (1995).
Article 237(1) of the Constitution vests all land of Uganda in the citizens of Uganda.
However under Article 237(1)(a), the government or local government can acquire land
in the public interest. Such acquisition is subject to the provisions of Article 26 of the
Constitution, which gives every person in Uganda a right to own property. The
Constitution also prescribes the tenure regimes in accordance with which rights and
interests in which land may be held (Customary, Leasehold, Mailo and Freehold - as
described under Section 3.3). It introduces ‘bonafide occupancy’ as a form of tenure that
gives the occupant some rights to the land occupied. According to the Constitution, all
land belongs to the people of Uganda and is held in trust by the Government.
Government is authorized to acquire land for a public purpose and compensate affected
persons in accordance with the law. It provides procedures to follow during the
acquisition of land for public interest and provides for the “prompt payment of fair and
adequate compensation” prior to taking possession of the land. The Constitution
however, does not make resettlement a right.
Further more, the Constitution as amended in February 2006, provides that the State shall
protect important natural resources including water resources on behalf of the people of
Uganda (objective XIII). The State commits itself to promote sustainable development
and the rational use of natural resources so as to safeguard and protect the biodiversity of
Uganda (objective XXVII). The right to a clean and healthy environment is enshrined in
article 39 while article 245 requires Parliament to pass laws for the protection and
preservation of the environment.
7.3.2 The Land Act (1998).
This Act addresses land holding, management control and dispute resolution. The
developer should seek to enter into mutual agreement with the occupier or owner of the
land upon payment of compensation. The Act creates a series of land administration
institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB),
Parish Land Committees (PLC), and Land Tribunals. Section 78 of the Act gives
valuation principles for compensation (i.e. compensation at depreciated replacement costs
for rural properties and market values for urban properties).
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The Act provides for the tenure, ownership and management of land. It recognises
customary tenure as a form of land holding (section 4(1)) and thus places customary tenants
in a position of ownership of land unlike the Land Reform Decree, 1975, that made them
tenants at sufferance. Section 28 stipulates that any decision taken in respect of land held
under customary tenure, whether in respect of land held individually or communally shall be
in accordance with the custom, traditions and practices of the community concerned.
Customs that ensure access to water can therefore be invoked to protect this particular right.
Furthermore, provision is made for communal land associations which may be formed for
management of land whether under customary law or otherwise (section 16). Such
Associations may set aside land for such common uses as grazing and watering livestock,
and such other purposes as may be traditional among the community using land
communally (section 24).
The Act recognises other forms of tenure namely freehold, mailo and leasehold (section 3).
The Act provides for bonafide occupancy and defines a bonafide occupant as a person who
is not the title holder or customary tenant of the land he occupies and has enjoyed
undisturbed occupancy of the land for 12 years or more. Any person who owns or occupies
land under any tenure must manage and utilise that land in accordance, inter alia, with the
National Environment Act, Cap 153, the Water Act, Cap 152 and any other relevant law
(section 44). The Government and Local Government shall hold in trust for the people and
protect natural lakes, rivers, ground water, natural ponds, natural streams and wetlands for
the common good of the citizens of Uganda (section 45(1)).
The Act provides for the compulsory acquisition of land for public purposes. The land
owner must be compensated. The occupant of land would be compensated for the value of
their chattels. In instances where there are bonafide occupants on land, compensation would
have to be made to both the land owner and the bonafide occupant.
Land tribunals and land boards are established as administrative and adjudicative bodies
in land matters.
7.3.3 The Local Government Act (1997).
The Local Government Act (LGA) was enacted to give effect to the policy of
decentralisation and devolution of functions, powers and services; and to provide for
decentralisation at all levels of local government to ensure good governance and democratic
participation in, and control of decision making by the people. The Local Government Act
provides for the system of Local Governments, which is based on the district. Under the
district there are lower Local Governments and administrative units. This system
provides for elected Councils. The chairman nominates the executive committee of each
council. The functions of this committee include:

Initiating and formulating policy for approval of council;
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

Overseeing the implementation of the Government and Councils’ policies, and
monitor and coordinate activities of Non-Government Organizations in the
district; and
Receiving and solving disputes forwarded to it from lower local governments.
According to the second schedule to the LGA, the Central Government is responsible for
water resources and the environment (Part I, Second Schedule, Local Government Act). The
Lower Local Government Councils (sub-county or division) are responsible for the
protection and maintenance of local water resources (Part 4). It is the function of the various
executive committees, including the parish or village executive committees, to generally
monitor projects and other activities undertaken by government, local governments, and
non-governmental organisations in their area (section 50(8)).
7.3.4 Land Acquisition Act (1965).
This Act makes provision for the procedures and method of compulsory acquisition of
land for public purposes whether for temporary or permanent use. The Minister
responsible for land may authorize any person to enter upon the land and survey the land
dig or bore the subsoil or any other thing necessary for ascertaining whether the land is
suitable for a public purpose.
The Government of Uganda is supposed to pay compensation to any person who suffers
damage as a result of any action. Any dispute as to the compensation payable is to be
referred to the Attorney General or court for decision.
The Land Acquisition Act stops at payment of compensation. It is not a legal
requirement to purchase alternative land for the affected people by the project. Once they
are promptly and adequately compensated, then the obligations stop there. The
Government through the Ministry of Lands, Housing and Urban development will pay
the compensation to the affected persons.
There is no requirement or provision in the law that people need to be moved or that
alternative land be made available or bought. Each affected person entitled to be
compensated; on receipt of his/her compensation is expected to move and has no further
claim.
7.3.5 The Access to Roads Act (1965)
The Access to Roads Act seeks that a private landowner who has no reasonable means of
access to public highway may apply for leave to construct a road of access to a public
highway. This law also establishes a mechanism of applying for such a road. It also
establishes a legal regime to ensure the safety of the neighboring environment.
The Act permits the owner of any land who is unable through negotiations to obtain leave
from adjoining land owners to construct a road of access to the public highway, to apply
to a magistrate for leave to construct a road of access over any land lying between his
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land and the public highway. This law also provides for means by which an order for the
construction of an access road can be revoked.
The Act further provides for maintenance of the access road in a good and efficient state
of repair, and for payment of compensation in respect of the use of the land, the
destruction of crops of trees and such other property.
7.3.6 The Roads Act (1964).
The Roads Act of 1964 will be critical piece of legislation with respect to the Road
Development Projects within the Lake Basin. It defines a road reserve as that area
bounded by imaginary lines parallel to and not more than fifty feet distant from the
centerline of any road, and declared to be a road reserve. The Act is silent on whether
such land is “taken” for the state, but states that no person shall erect any building or
plant, trees or permanent crops within a road reserve. It also allows the roads authorities
to dig and take materials from the road reserve for the construction and maintenance of
roads.
The Minister or, with the consent of the Minister, a District Com1missioner, in relation to
any road within or passing through any government town or an Administrator in respect
of any area not being in a government town, may by order:  Prescribe the line in which buildings shall be erected in such town or area or
 Prescribe the distance from the centre of the road within, which no building shall
be erected in such town or area.
The road authority is required to give written notice to the owner or occupier of the land
on which prohibited activities have been carried out so as:
 To pull down or remove the building or erection; or
 To cut down or uproot the trees or crops; or
 To alter or repair the cattle path, bicycle track side road or entrance or means of
access or to close the same.
The Act allows a road authority to dig and take away materials required for the
construction and maintenance of roads in any part of a road reserve approved by the
District Commissioner without payment to any person.
7.3.7 The Town and Country Planning Act (1964).
The Town and Country Planning Act of 1964 gives broad powers to planning authorities
at the national and local level to take land, against compensation, for public purposes
within an approved planning area. Further, such authorities can determine set back lines
“beyond which no building may project” into a roadway including the road reserve area.
1
District Commissioners were replaced by Chief Administrative Officers in districts.
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7.3.8 Bye-laws
Finally, bylaws were enacted in the 1960’s in many local areas of Uganda, especially for
the regulation of “trading centers”, which were the typical local embryonic urban centers
across the country. Typically, these bylaws had provisions for shops to be built not
closer than 50 feet from the centerline of the road. They did not take land, but they
reinforced the Town and Country Planning Act and the Roads Act by creating a building
restriction on any given plot of land.
7.3.9 The Judicature Act
Customary law is stipulated under the Act as law applicable in Uganda though it is
subordinate to written law. Further the custom in issue should not be repugnant to natural
justice or equity. Some customary laws recognize the importance of maintaining clean
water sources particularly for drinking water. There are cultural practices that recognize
the value of the common good which could be harnessed.
7.3.10 National Environment Act Cap 153
The objective of the Act is to provide for sustainable management of the environment and to
establish an Authority as a coordinating, monitoring and supervisory body for that purpose.
The National Environment Management Authority (NEMA) is established under the Act as
the principal agency in Uganda responsible for the environment. "Environment" is defined
in section 2 as the physical factors of the surroundings of human beings including land and
water. NEMA is required to ensure the integration of environmental concerns in overall
national environmental planning through co-ordination with the relevant ministries,
departments and agencies of government; and initiate legislative proposals, standards and
guidelines on the environment in accordance with the Act. NEMA is mandated to ensure the
observance of proper safeguards in the planning and execution of all development projects,
including those already in existence that have or are likely to have a significant impact on
the environment. A project is defined to include policy. In similar vein, NEMA shall review
and approve environment impact assessments and statements submitted in accordance with
the laws of Uganda.
Accordingly, an environment impact assessment shall be undertaken by the developer where
the lead agency, in consultation with NEMA, is of the view that the project proposed may
have an impact, is likely to have a significant impact or will have a significant impact on the
environment. The list of projects that must have an EIA is contained in the Third Schedule
to the Act. The provisions of the Act regarding water are basic provisions regarding water
quality standards (section 26), effluent discharge standards (section 27), the use of lakes and
rivers including the river and lake beds, and the management of river banks and lake shores
(section 35 & 36). Section 37 imposes restrictions on the use of wetlands other than
traditional uses like fishing. Use of lakes, rivers and wetlands for basic human consumption
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needs is not restricted. However, use of water for irrigation of subsistence agriculture or
livestock would require authorisation from NEMA in consultation with the lead agency
which in this case is DWD. Effluent discharge is further governed by the National
Environment (Standards for Discharge of Effluent into Water or on Land) Regulations and
the Water (Waste Discharge) Regulations. The National Environment (Protection of Lake
Shores, River Banks and Wetlands) Regulations stipulates a protected zone within a
specified radius from the river bank or lake shore which varies depending on the size of the
river or lake.
The Act seeks to conserve the environment and in that vein provides for the management of
hilly and mountainous areas, rangelands, forests, access to genetic resources amongst other
things. The Act provides for District Environment Officers as persons responsible for
environmental matters within the district. Similarly, provision is made for District
Environment Committees and Local Environment Committees. These entities may be useful
resources in the areas where they operate.
7.3.11 The Water Act, Cap 152
According to its long title, the purpose of the Water Act is to provide for the use, protection
and management of water resources and supply; to provide for the constitution of, and
facilitate the devolution of water supply and sewerage undertakings. The objectives of the
Act include the promotion of the rational management and use of the waters of Uganda
through application of appropriate standards and techniques; and the coordination of all
public and private activities which may influence the quality, quantity, distribution, use or
management of water resources. Promotion of the provision of a clean, safe and sufficient
supply of water for domestic purposes to all persons is a major objective (section 4 Water
Act).
"Domestic use" of water is defined in section 2 of the Act to include use for the purpose of
basic human consumption; watering not more than thirty livestock units, (approximately 43
cattle or 50 horses or 75 donkeys or 200 goats or 200 sheep or a mixture of these animals);
subsistence agriculture, and watering a subsistence fish pond. The National Water Policy
makes provision of water for domestic use a priority. The policy categorically states that in
allocating water, water allocation for the domestic needs of a community should be reserved
within the total available from each water resource.
All rights in water are vested in the Government and are exercised by the Minister
responsible for water and the Director DWD (section 7 Water Act). The Act gives general
rights to use water that naturally exists on the land to the occupier of that land for domestic
use, fire fighting or irrigating a subsistence garden. Water that exists under the land
occupied may be used by the occupier with the approval of the water authority responsible
for the area. The general rights to use water do not per se authorise a person to construct
any works. According to section 6 of the Act, no person acquires any rights to use water or
to construct or operate any works unless authorised under Part II of the Act. Water is
defined to include surface waters whether contained in a river, stream, lakes, swamp or
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elsewhere on the surface of land, ground water, and such water as the Minister may from
time to time declare to be water (section 7). Thus, unless a person is an occupier of land on
which surface water exists, water may not be used for any purpose without the approval of
an authority. The general rights to use surface water are limited to domestic use and fire
fighting once again indicating the importance attached to water supply for domestic
purposes. Government's rights in water are further entrenched in the compensation
provisions. If damage is caused to land or property of an occupier through the exercise of
powers conferred upon authorised persons by the Water Act, government should
compensate all parties having an interest in that land (section 2). However, no compensation
can be paid for the taking or use of water on that land unless the effect of such taking or use
is to deprive the owner or occupier of the right to use water (section 33).
The Act makes provision for water resources planning. Provision is made for water
resources investigation in section 12 of the Act, and this includes data collection and
construction of works. In carrying out investigations, an authorised person has powers to
enter any land but must leave the land as nearly as possible in the condition in which it was
prior to entry (section 15). The attachments/fixtures to the land made by the authorised
person do not become part of the land and thus the owner or occupier acquires no propriety
interest in them (section 14(3)). This ensures that the state equipment is not appropriated by
an individual. Section 18 makes it clear that a person is not allowed to construct or operate
any works unless he has a permit granted for that purpose by the Director, DWD.
Construction is defined to include alteration, improvement, maintenance and repair. The
Director may, however, exempt a person from the provisions of section 18 on such
conditions as he thinks fit (section 19). A number of local authorities and NGOs have been
operating under such exemptions; and therefore have not had to undergo the rigorous
procedures of application for a permit.
Easements are provided for as a means of enabling persons who have failed to obtain
agreements with land owners, to gain access to water or waste discharge. Although the
definition of easements in the Act is more restrictive (sections 2 & 36) than that in common
law, it is arguable that a court of law would apply a wider interpretation to the term in order
to give proper effect to the Act. Waste management and pollution control are provided for.
No person is allowed to cause or allow waste to come into contact with water or in any way
to pollute water (section 31). This provision caters for sanitation as well. Failure to abide by
this law is an offence and attracts penalties that include environmental restoration orders.
The Directorate of Water Development is the government department charged with the
overall responsibility for water resource management, coordination and regulation of the
water sector as well as overseeing and supervising the development and exploitation of
water resources. It carries out its coordination activities in consultation with the National
Environment Management Authority (Regulation 13, Water Resources Regulations). At the
community level, the Act provides for the establishment of Water User Groups (WUG) and
Water User Associations (WUA). WUGs are formed by individuals or households who plan
and manage a point source water supply system in their area. The WUG operates through a
water and sanitation committee which is the executive organ of the Group and in addition to
water supply is responsible for sanitation and hygiene in the area. The WUG is responsible
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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for operations and maintenance costs of its point source water supply system and may
collect revenue for that purpose which tariffs must be approved by the Director (section 50).
WUA's are formed where a water supply system serves more than one WUG. The Water
and Sanitation Committees of each WUG form a WUA which consists of agreed
representatives of each committee. The WUA then manages the water system and may
collect revenue for system maintenance purposes with the approval of the Director (section
51). Local authorities are authorised under section 2(2) to organise the formation of
WUG's and WUA's within their jurisdiction.
7.4
World Bank Safeguard Policy on Resettlement
This section describes the WB Safeguard Policies as they will relate to Lake basin
projects in the Framework of LVEMP II
Operational Directive O.D. 4.30 “Involuntary Resettlement" requires that displaced
persons should be compensated at full replacement cost, assisted with relocation /
resettlement and during transition period. The developer should be encouraged to offer
replacement land rather than cash compensation when the residual land holdings are not
economically viable.
The World Bank Group O.D. 4.30 on Involuntary Resettlement is applicable to the
Various Development Projects where resettlement, relocation and compensation is
indicated. The main features of this Directive are as follows: 


All viable alternative project designs should be explored to avoid or minimise the
need for resettlement and when it is inevitable, to minimise the scale and impacts
of resettlement;
Resettlement measures are to be conceived and executed as development
activities providing sufficient resources to give the persons displaced, the
opportunity to share in project benefits. Assistance should be given to the
community in their efforts to improve former production levels, incomes earning
capacity and living standards or at least restore them to the levels they would have
without the project;
Displaced persons should be:
o Compensated at full replacement cost prior to the actual move;
o Assisted with relocation;
o Assisted and supported during the transition period;


Particular attention should be given to vulnerable groups;
Communities should be given opportunities to participate in planning,
implementing and monitoring their resettlement.
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7.5
Differences between Uganda Laws and the World Bank/Donor Policy
There are some differences between the World Bank Policy and the Uganda Laws on
Resettlement and Compensation. For instance: the Ugandan Laws restrict themselves to
fair, adequate and prompt compensation (cash), while the World Bank Policy extends it
to providing alternative land and resettling the person.
A comparison of Uganda Law and WB/Donor requirements regarding compensation is
given in Table 7-2 below: Table 7-2 Comparison of Ugandan Law and World Bank requirements regarding
Compensation
Category of PAPs / Type Ugandan Law
of lost assets
Land Owners
Cash compensation based
upon market value of
unimproved
land
and
disturbance allowance (15%)
Land Tenants
Entitled to compensation
based upon the amount of
rights they hold upon land.
Land Sharecroppers
Not entitled to compensation
for
land,
entitled
to
compensation for crops.
Owners of " Non permanent Cash compensation based
" Buildings
upon rates per m2 established
at
District
level
and
disturbance allowance (15%)
- Rates are based on
depreciated market value.
Owners of
buildings
Perennial Crops
WB requirements
Strongly recommend land
- for - land compensation.
Compensation
is
at
replacement cost.
Must be compensated
whatever
the
legal
recognition
of
their
occupancy.
No specific provisions as
to land compensation, but
income must be restored.
Recommend in- kind
compensation or cash
compensation
at
full
replacement cost including
labour.
"Permanent" Valuation by Valuer and
disturbance
allowance
(15%). Valuation is based on
depreciated market value.
Recommend in- kind
compensation or cash
compensation
at
full
replacement cost including
labour.
Cash compensation based Requirements
not
upon rates per m2 / bush/ specified
tree/ plant established at
District level and disturbance
allowance (15%). Rates are
calculated as the one-year net
agricultural income.
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Annual Crops
Business Income
No compensation. 6 months No specific provision.
notice to harvest crops.
Income restoration. Land
for land compensation
allows people to reestablish annual crops
immediately.
No compensation. 6 months Established access to
notice to vacate premises
similar opportunities.
In a number of cases, as shown in Table 7-2, the WB requirements are more favourable to
PAPs than the provisions of Uganda Law. The Government of Uganda is strongly
committed to comply with World Bank requirements. It is recommended therefore that
the compensation approaches in the Lake Basin resettlement projects take note of these
differences and provides for an additional uplift aiming at complying with WB
requirements where they are not complied with by the sole Ugandan provisions.
8
Eligibility Criteria for various categories of affected
people
In Uganda, as stated above, the domestic law does not the standard of compensation and
resettlement requirements as stipulated under the WB OD 4.30. It is imperative therefore
that to meet the WB safeguards and in line with the laws of natural justice, the project
sponsors or implementer will be required to adjust so as to accommodate the
requirements of the WB OD 4.30 and Operational Policy (OP) 4.12 . The principles for
this are established within the eligibility criteria as established under this RPF. The
involuntary taking of land results in relocation including loss of shelter, loss of assets or
access to assets, loss of means of livelihood whether or not the PAPs must move to
another location or not. It is not a necessary condition that PAPs must be required to
relocate in order for them to be eligible for resettlement benefits and or compensation. It
is necessary that comprehensive consultations involving PAPs, Local Authorities
especially the Local Council and cultural leaders where they exist, to establish the criteria
by which displaced persons will be deemed eligible for compensation.
Under OP 4.12 displaced persons in the following three categories are entitled to
compensation for loss of land and other assets such as dwellings and crops taken for
project purposes and to resettlement assistance.


Those who have formal legal rights to land or other affected assets (including
customary and traditional rights to the use of land or other assets);
Those who do not have formal legal rights to land or other assets at the time of
the census, but who have claim to such legal rights by virtue of occupation or use
of those assets;
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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
Those who have no recognisable legal right or claim to the land they are
occupying using or getting their livelihood from, but are recognised under WB
OP 4.12.
In other words the absence of a legal title to land or other assets is not, in itself a bar to
compensation for lost assets or to other resettlement assistance. This is also in line with
the Land Act (Uganda) which recognises such rights such as sharecroppers and squatters
provided they have been in place for twelve years prior to the promulgation of the Land
Act. Under the OP 4.12, squatters are also entitled to resettlement assistance provided
they occupied the project are before the established cut off date2. These PAPs under the
third category, to be able to qualify for resettlement assistance, however must comply
with the cut off date as established by the management committees in close consultation
with stakeholders following a socio economic study of the project area. None who has
occupied the project area after the cut off date will qualify for resettlement assistance
under this RPF.
Under this RPF, there will be a package of compensation and other resettlement measures
to assist beach category of eligible PAPs to achieve the objective of the Framework. The
eligibility criteria therefore will also be determined the loss of livelihood which includes
the following: 


Loss of property
Loss of wages,
and cut off date
Table 8-1 provides a sample of an entitlement and compensation matrix (eligibility
matrix) which gives a broad categorisation of the different types of PAPs. During the
surveying exercise to enumerate the PAPs, the surveyor and enumerator will be required
to make a more detailed entitlement and compensation matrix.
Table 8-1: Entitlement and compensation Matrix
Asset
acquired
Agricultural
land
Type of Impact
Entitled Person
Compensation Entitlement
No Displacement: - Cash
compensation for affected
land equivalent to market
value. The remaining land
remains economically viable
Farmer /Title holder
Cash Compensation for affected land equivalent to market
value
Cash compensation for the harvest of affected land
equivalent to the average market value over three years or
the compensation rates as established by the District Land
Boards in collaboration with the Chief Government Valuer
whichever is the higher.
Cash compensation for the harvest of affected land
equivalent to the average market value over three years or
Tenant /Leaseholder
Squatter
It worthy to note the slight difference between the OP 4.12 and the Land Act regarding
eligibility for resettlement assistance where squatters are concerned. Project implementers
will be required to upgrade the national condition in order to accommodate OP 4.12 under this
RPF
2
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Displacement: - If more than
50% of the land holding is
lost or less than 50% of the
land lost but remaining land
not economically viable.
the compensation rates as established by the District Land
Boards in collaboration with the Chief Government Valuer
whichever is the higher.
Land for land replacement where feasible or compensation
in cash for the entire land holding according to PAPs
choice. Land for land replacement will be in terms a new
parcel of land of equivalent size and productivity with a
secure tenure status without encumbrances at an available
location which is acceptable by the PAP.
Farmer /Title holder
Tenant /Leaseholder
Squatter
Agricultural worker
Commercial
Land
No Displacement: - Land
used for business partially
affected
Title
Holder
Business owner
/
Business owner is
lease Holder
Displacement: - Premise
used for business severely
affected remaining area not
sufficient for continued use
Title
Holder
Business owner
/
Business owner is
lease Holder
Residential
No Displacement: - Land
Title Holder
In addition relocation assistance to be paid ((costs of
shifting + assistance in re-establishing perennial crops
including economic trees up to a maximum of 12 months
while short term crops mature)
Cash compensation equivalent to the average market
value over three years for the mature and harvested crops
at the compensation rates as established by the District
Land Boards in collaboration with the Chief Government
Valuer whichever is the higher, Or market value for the
remaining period of the tenancy /lease agreement..
In addition relocation assistance to be paid ((costs of
shifting + Allowance)
Cash compensation equivalent to the average market
value over three years for the mature and harvested crops
at the compensation rates as established by the District
Land Boards in collaboration with the Chief Government
Valuer whichever is the higher, Or market value for the
remaining period of the tenancy /lease agreement.
Cash compensation equivalent to the local average of 6
months salary + relocation assistance to be paid ((costs of
shifting + Allowance) +Assistance in getting alternative
employment
Cash compensation for affected land, and opportunity cost
compensation equivalent to 5% of net annual income
based on tax records for previous year or equivalent
business or suitable estimates in absence of records.
Opportunity cost compensation equivalent to 10% of net
annual income based on tax records for previous year or
equivalent business or suitable estimates in absence of
records.
Land for land replacement where feasible or compensation
in cash for the entire land holding according to PAPs
choice. Land for land replacement will be in terms a new
parcel of land of equivalent size and market potential with
a secure tenure status without encumbrances at an
available location which is acceptable by the PAP.
In addition relocation assistance to be paid ((costs of
shifting + Allowance ) Opportunity cost compensation
equivalent to two months net income based on tax records
for previous year or equivalent business or suitable
estimates in absence of records.
Opportunity cost compensation equivalent to two months
net income based on tax records for previous year or
equivalent business or suitable estimates in absence of
records.
Relocation assistance in rental/leas alternative land,
property for a maximum of six months to re-establish
business
Cash Compensation for affected land
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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land
Building
and
Structures
used for residence partially
affected, limited loss and
remaining land remains
viable for present use
Displacement: - Premise
used for residence severely
affected remaining area not
sufficient for continued use or
becomes
smaller
than
minimally acceptable under
the Town and country
planning Act
Rental
holder
/
Lease
Title Holder
No
Displacement:
Structure partially affected,
but remaining structure
remains viable for continued
use
Owner
Displacement: Entire
structure affected or partially
affected
but
remaining
structure not suitable for
continued use
Owner
Rental
Holder
/
Cash compensation equivalent to 10% of lease / rental fee
for the remaining period of rental lease agreement
Land for land replacement where feasible or compensation
in cash for the entire land holding according to PAPs
choice. Land for land replacement will be of minimum plot
of acceptable size under the Town And Country Planning
Act which ever is larger in either the community or a
nearby resettlement area with adequate physical and
social infrastructure systems as well as a secure tenure
status without encumbrances at an available location which
is acceptable by the PAP.
Lease
In addition relocation assistance to be paid ((costs of
shifting + allowance)
Cash compensation for affected building and other fixed
assets
Cash assistance to cover costs of restoration of remaining
structure
Cash compensation for affected assets (verifiable
improvements to the property by the tenant -e.g. fence)
Disturbance compensation to the tenant equivalent to two
month’s rental costs
Cash compensation for entire structure and other fixed
assets without depreciation or alternative structure of equal
or better size and quality in an available location which is
acceptable to PAP. Right to salvage materials without
deduction from compensation.
In addition relocation assistance to be paid ((costs of
shifting + allowance) + Rehabilitation assistance if required
Rental
Holder
Squatter
dwellers
Standing
Crops
Trees
Temporary
Acquisition
/Lease
/Informal
Crops affected by land
acquisition or temporary
acquisition or easement
Trees lost
PAP
(whether
owner, tenant or
squatter)
Title Holder
Temporary acquisition
PAP
(whether
owner, tenant or
squatter)
Cash compensation for affected assets (verifiable
improvements to the property by the tenant -e.g. fence)
In addition relocation assistance to be paid ((costs of
shifting + allowance equivalent to four months rental costs)
+ Assistance to help find alternative rental arrangements +
Rehabilitation assistance if required
Cash compensation for affected structure without
depreciation + Right to salvage materials without deduction
from compensation.
In addition relocation assistance to be paid ((costs of
shifting + allowance) + Rehabilitation assistance if required
Alternatively assisted to find accommodation in rental
Housing or in a squatter settlement scheme if available.
Assistance with Job placement/skills training
Cash compensation equivalent to average of at least three
years market value for the mature and harvested crops.
Cash compensation based on type age and productive
value of affected trees + 10% premium
Cash Compensation for any assets affected e.g. boundary
wall demolished, trees removed.
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9
Methods of Valuing affected assets
9.1
Valuation Procedure
9.1.1 Standard valuation tables
The District Land Boards in Uganda regularly prepare and update standard valuation
tables which may be used to provide a provisional estimate of the values of assets
affected by the proposed project. Such tables are prepared in consultation with the Chief
Government Valuer’s office. This is essential because the number of small scale asset
valuations can sometimes be large making it extremely difficult for an individual to carry
out a cross the border valuation exercise.
While the District Land Board valuation tables may be useful, experience shows that
often their quoted rates are lower than market values due to the rapid changes in pricing
before the valuation table can be updated. In order to harmonise these tables with the
market position, it is recommended that for the purposes of the LVEMP II, the
government or project managers hire an evaluation expert who can harmonise the
evaluation tables and take into account the changing prices.
In that regard the harmonised evaluation tables should be acceptable to both the Donor
Agency (WB), to the Government of Uganda and other stakeholders
9.1.2 The Asset Inventory
In order to prepare for compensation and other resettlement benefits, it is imperative that
a comprehensive asset inventory is done. Such an Inventory will be conducted by a
multidisciplinary team composed of the following types of persons: 






Project Representative (Team Leader)
Representative of the Local Government Council (Preferably the LC III)
District Land Board Representative
Village representative
Woman Representative (Preferably the Secretary for Women at LC III)
Surveyor and Valuation expert
Sociologist (to get the social impacts and sensitise the PAPs)
During the survey each asset is enumerated and recorded in an inventory. An evaluation
of the asset is carried out using either the harmonised evaluation table or the acceptable
method as proposed by the valuation expert. The values of each asset are recorded in a
register and declared to the PAPs for agreement. Upon agreement, the form is signed by
both the PAP and the surveyor or evaluation expert. Copies are retained by the PAP, and
Valuation team.
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The PAP is informed to raise grievances if any in regard to the evaluation report or any
other inconvenience due to the involuntary resettlement. Such a complaint will be raised
in accordance with the established grievances mechanism for the specific project.
In summary, the project sponsor must undertake a detailed survey of all losses that will
result for each household, enterprise, or community affected by the project. The survey
should account for land acquisition, and loss of physical assets as well as loss of income
which can be either temporary or permanent. Such losses would be resulting from
displacement of household members from employment or income generating resources.
9.1.3 Methods of Compensation
The socio economic survey would reveal a substantial amount of information on the
economy and social organisation of the affected community. Resettlement planner/expert
is expected to review this data so as to identify appropriate and sustainable interventions.
For these reasons, the project sponsor should bear in mind that resettlement may provide
opportunities to an affected community to improve housing, public infrastructure and
services and to engage in land use planning that contributes to the long term development
objectives. This would be in addition to compensation arrangements. Regarding
compensation, therefore, individual and household compensation may be made in cash, in
kind and /or through assistance taking into account the long term sustainable
development objective. Ultimately the type of compensation will be an individual choice.
In cases where the community is indigenous and may not easily handle cash
compensation, it is necessary to carry out initial training and sensitisation to enable them
make an informed choice regarding the type of compensation and how to use the
compensation proceeds.
In general therefore the forms of compensation are classified as follows: Types of compensation
Cash payments
In kind compensation
Assistance
9.2
Method of compensation
Compensation will be calculated in Uganda shillings.
Compensation rates will be adjusted for inflation.
Compensation may include items such as land, houses ,
other buildings, building materials, seedlings, agricultural
inputs and financial credits for equipment among other
facilitations
This includes Moving allowance, transportation and
labour
Valuation Method to be adopted
There are two basic approaches to resettlement interventions which are the Replacement
Cost approach and the gross Current replacement Cost. Other additional methods may
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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include rates as determined by contractors, and predetermined schedules of rates as
produced by the District land Boards in consultation with the Chief Government Valuer.
These are described below: Replacement Cost Approach: - This approach is based on the premise that the costs of
replacing productive assets is based on damages caused by project operations. These
costs are taken as a minimum estimate of the value of measures that will reduce the
damage or improve on site management practices. This approach involves direct
replacement of expropriated assets and covers an amount that is sufficient for asset
replacement, moving expenses and other transaction costs.
Gross Current Replacement Costs: - This is defined as the estimated cost of erecting a
new building having the same gross external area as that of the existing one with the
same site works and services and on a similar piece of land.
Rates from contractors: - These are used in the absence of official or up-to-date rates.
Recent quotations by contractors for similar types of constructions within the vicinity of
the project can be used for calculating replacement costs.
9.3
Calculation of Compensation by Asset
Calculations of compensation by asset should be done by a professional valuer and or
surveyor. While doing this the following methods of calculation are recommended: 9.3.1 Compensation for land
This is aimed at providing the PAP (land owner) whose land acquired and used for
project purposes with compensation for land, labour and crops lost as per the entitlement
and compensation matrix described above (Table 8-1).
9.3.2 Land measurement
The unit for the measurement of the land should be that one understandable by the PAPs.
It is useful to have a conversion table where indigenous units of land can be compared to
the modern measurement unit to enable every PAP appreciate the area under threat.
Every measure should be taken to ensure that every PAP understands the unit of
measurement for the land under threat.
To ensure transparency in the system the PAP should be in a position to verify the size of
the affected land using the units understandable to him/her.
9.3.3 Calculation of Crops Compensation rate
The district land board determines the rates of most crops. It is however important that
the PAP agrees with such rates otherwise new calculations may have to be done. The
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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calculations are based on the number of crops and or the area cultivated. One rate is given
per crop type to ease calculations and enhance transparency.
The value of the labour invested in preparing agricultural land will be compensated at the
average wage in the community for the same period of time used to prepare. The rate
used for land compensation should be updated to reflect values at the time compensation
is paid. In total the compensation will cover the replacement value of crops plus labour in
Uganda shillings.
9.3.4 Compensation for Buildings and Structures
Compensation will be paid by replacing affected structures such as huts, Houses, farm
out buildings, latrines, fences, etc. Any homes lost will be re-built on acquired
replacement land. On the other hand, additional structures destroyed may be
compensated with cash in accordance with the compensation matrix above. While
compensating for structures, the market rates or comparable contractors’ rates will be
used to determine the level of compensation.
Secondly, there may be structures which are injuriously affected. That ios due to project
activities, the structures are abandoned since it becomes either dangerous or
uncomfortable for the own to either use them or occupy them . Alternatively such
structures could have been damaged by project related activities and have become unused
or the owners may have been resettled /relocated leaving the structures behind.
In all these cases such structures will be compensated for in accordance with the going
rates for such structures taking into account the construction materials’ ongoing costs or
contractors’ rates in a similar environment. Ingeneral the following considerations will be
made to arrive at a fair replacement value: 




Building plans/drawings of the abandoned / destroyed houses and or structures (if
they exist) covering all related developments;
Average replacement costs of different types of household buildings and related
structures based on the materials compensation rates as provided for in the agreed
upon District land Board compensation rates or the going market rates arrived at after
a survey;
Ongoing market prices of the destroyed structures /Items
Costs of transportation and delivery of the items /materials to the new building sites
or locations;
Contractors’ estimates of putting up new buildings including the labour and
management costs.
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RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
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10
Organizational Elements and Procedure for Delivery
of Entitlements
Compensation and resettlement activities will be funded like any other project ctivity
eligible under the LVEMP II. Funding would be processed and effected by the LGIs
preferably directly to beneficiaries in conformity with the RAPs:
10.1
Consultation and Public Participation
Consultation and public participation with the PAPs will initiate the compensation
process. This consultation and public participation will be part of an on-going process
that would have started at the planning stage, and would have continued through the
conception, technical designs, land selection and screening stages. This trend will ensure
that all affected individuals and households are well informed and adequately involved in
the entire process.
10.2
Notification of Land Resource Holders
Those who hold title to the land resources would be informed through the process in 7.1
above. Where there are clearly no identified owners or users, the respective local
government administrations, lands offices and traditional leaders will be solicited to help
identify owners or users and sensitise them on the project and it's implications especially
the cut-off dates. It is hoped, however that the media publications would be sufficient to
avoid such eventually.
10.3
Documentation of Holdings and Assets
The local government structures, namely the LGs and the lower councils will be charged
with all documentation of data and information related to the acquisition of land, the
compensation and payment processes up to the level of the Project Coordination Unit.
That is, the Community workers of the Sub-counties{Town Councils in collaboration
with the Executive Committee of the village councils, the Parish Development
Committees and the Project Management Committees will compile and record
data/information in village data books. The Community Worker in collaboration with the
parish chief and the Executive of the Parish Council will compile parish data and submit
to the Sub-county Chief{Town Clerk for on ward submission to the District Chief
Administrative Officer/Municipal Town Clerk (CAO/Te). Likewise, the CAO{TC will
compile data/information and submit to the Permanent Secretary of the Ministry of Local
Government. These will serve as data for resettlement monitoring and evaluation.
11
Generic Aspects of the Implementation Schedule
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11.1
Linkage to Sub Projects
Sub-projects might have a social impact on the community. Potentia) socio-economic
impact that will require mitigation measures, resettlement and compensation will have to
be identified. Sub-project will be screened and the following are the issues to be
examined.
i)
ii)
12
Will involuntary resettlement, land acquisition, or loss, denial or restriction of
access to land and other economic resources be caused by the implementation of
the sub-project.
WllI the sub-project result in the permanent or temporary loss of crops, fruits and
household infrastructures such as granaries, outside toilets, kitchens, and other
structures, etc.
Grievance Redress Mechanisms
Objections
Prior to approval of any resettlement plans for the different investment projects,
individuals and households already associated with the conception, design and location of
the projects would have been in a position to express their dissatisfactions or grievances
to the appropriate LG structures and attempt to resolve these in an amicable manner using
traditional and customary avenues of conflict resolution. In pursuit of this same approach
grievances could be addressed through the various tiers of local government authority.
At the time that the individual resettlement and compensation plans are approved and
individual compensation contracts are signed, affected individuals would have been
informed of the process for expressing dissatisfaction and to seek redress.
The grievance procedure will be simple, administered as far as possible at the local level
to facilitate access, flexible and open to various proofs taking into cognizance the fact
most people are illiterate and poor requiring a speedy, just and fair resolution of their
grievances. The PMC (whose members can be found on page 20) being a party to the
contract would not be the best office to receive, handle and rule on disputes. Therefore,
taking these concerns into account, all grievances concerning non-fulfillment of
contracts, levels of compensation, or seizure of assets without compensation will be
addressed to the existing local courts system of administration of justice in the Districts.
Local NGO's will be engaged by the TPC's to mediate disputes.
All attempts would be made to settle grievances. Those seeking redress and wishing to
state grievances would so by notifying their Village chief and the District Chairperson
(DC). The DC will consult with the district local governments, parish and village chiefs
and elders and other records to determine a claims validity. If valid, the Village chief and
PMC will notify the complainant and s/he will be settled.
If the complainants claim is rejected, then the matter will be brought before the District
Land Tribunals and/or the local courts for settlement. If the matter cannot be settled by
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the local courts and/or the District Land Tribunals, the matter will go the High Court for
resolution. The High Court of Uganda will be the highest appellate "judge" in this
system. The decision of the High Court would be final and all such decisions must be
reached within a full growing season after the complaint is lodged.
If a complaint pattern emerges, the DC with the local governments, PMCS, parish and
village leaders will discuss possible remediation. The local leaders will be required to
give aov'ce concerning the need for revisions to procedures. Once the DC, local
governments, parish and village leaders agree on necessary and appropriate changes, then
a written description of the changed process will be made. The DC, local governments,
parish and village leaders will be responsible for communicating any changes to the
population.
In the local cultures it takes people time to decide that they are aggrieved and want to
complain. Therefore, the grievance procedures will give people up to the end of the next
full agricultural season after surrendering their assets to set forth their case.
Where all these avenues for redress of grievances have been exhausted without arriving
at an amicable solution or consensual decision, recourse can be had with the judicial
institutions in place, namely the law courts. In this regard, the Project is obliged to
provide, in particular to vulnerable and disadvantaged groups the requisite assistance
enabling them to present their case to such decision-making organs of government.
13
Budget and Funding Arrangements
13.1
Dispositions or Funding
Funds for implementing inventory assessments as well as land acquisition and
resettlement action plans will be provided by the Project. In general, the cost burden of
compensation will be borne by the executing agencies such as government ministries or
the Project.
The estimate of the overall cost of resettlement and compensation would be determined
during the socio-economic study. Disbursements based on budgetary requirements,
established by the RAPs in consultation with PAPs/DPs and local chiefs, will made by
the PCU.
13.2
Estimated costs
At this stage, it is not possible to estimate the likely number of people who may be
affected. This is because the technical designs and details have not yet been developed
and the land needs have not yet been identified. When this information is available and
after the conclusion of the site specific socio-economic study, information on specific
38
RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
BASIN IN UGANDA
impacts, individual and household incomes and numbers of affected people and other
demographic data would be available. Such information will facilitate the preparation of
a detailed and accurate budget for resettlement and
compensation.
The Project will prepare the resettlement budget and will finance this budget through the
administrative and financial management rules and manuals of the PCU.
14
Methods for Consultation with and participation of
Affected People
Public consultation and participation are essential because they afford potential PAPs the
opportunity to contribute to both the design and implementation of the program activities.
This reduces the likelihood for conflicts between and among PAPs and with the
management of the Project.
In recognition of this, particular attention should be paid to public consultation with
affected individuals, households and homesteads (including host communities) when
resettlement and compensation concerns are involved.
As a matter of strategy, public consultation should be an on-going activity taking place
throughout the entire project cycle. Hence, public consultation should take place during
the:
 project conception and planning,
 screening process,
 socio-economlc study,
 preparation of the development plans,
 resettlement and compensation planning,
 drafting and reading/sjgning of the compensation agreements,
 payment of compensations,
 resettlement activities and
 implementation of post-project community support activities.
Public participation and consultation should take place through meetings with key
community leaders, radio programs, request for written proposals/comments, completion
of questionnaires, public readings and explanations of the project ideas and requirements.
15
Monitoring Arrangements
In order to assess whether the goals of the resettlement and compensation plan are met, a
monitoring plan will be required. This monitoring plan will indicate parameters to be
monitored, institute monitoring guidelines and provide resources includlnq responsible
persons or institutions, necessary to carry out the monitoring activities.
39
RESETTLEMENT POLICY FRAMEWORK FOR THE LAKE VICTORIA
BASIN IN UGANDA
The arrangements for monitoring the resettlement and compensation activities would fit
the overall monitoring programme of the entire Project which would fall under the
overall responsibility of LGs. The LGs will institute an administrative reporting system
that:
 alerts project authorities to the necessity for land acquisition in the project
activities design and technical specifications;
 provides timely information about the assets valuation and negotiation process;
 reports any grievances that require resolution, and
 documents timely completion of project resettlement obligations (l.e. payment of
the agreed-upon);
 updates the database with respect to changes that occur on the ground as
resettlement and compensations activities are being implemented.
Annual evaluations will be made in order to determine whether the PAPs have been paid
in fuJI and before implementation of the individual sub project activities; and whether the
PAPs enjoy the same or higher standards of living than before.
A number of objectively verifiable indicators shall be used to monitor the impacts of the
compensation and resettlement activities. These indicators will be targeted at
quantitatively measuring the physical and socio-economic status of the PAPs and DPs, to
determine and guide improvement in their social weJi-being. Therefore, monitoring
indicators to be used for different RAPs or ARAPs will have to be developed to respond
to specific site conditions.
Independent monitoring as for example by NGOs can be arranged from time to time to
validate the programme implementation.
16
Template for the design of sub project RAPs
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Census of displaced persons and valuation of assets.
Description of compensation and other resettlement assistance to be provided.
Consultations with displaced people about acceptable alternatives
Institutional responsibility for implementation and procedures for grievance
redress.
Arrangements for monitoring and implementation and,
A timetable and budget
40