Title – but keep it short and snappy - World Bank€¦ · Web viewInformation from one thousand three hundred seventy six (1376) census questionnaires was coded and captured using

Ministry of Local GovernmentKampala City Council

Kampala Institutional Infrastructure Development Project (KIIDP)

VOLUME IRESETTLEMENT ACTION PLAN

Geomaps Africa, Delta Partnership, Interface Consulting and RESCO

October 2006

RP491

RESETTLEMENT ACTION PLAN FOR PROPOSED INFRASTRUCTURE IMPROVEMENTS IN KAMPALA

The impact of involuntary resettlement on individuals, families and businesses to provide land for infrastructure development can be extensive. While well managed, timely and fair compensation may repay (but not necessarily replace) physical assets, there are losses that are not easily quantified such as the loss of childhood or family links, or tradition. It is important that measures are in place to mitigate negative impacts from both measurable and non-measurable losses on the affected population.

ii


Executive SummaryThis volume of this report outlines a Resettlement Action Plan for persons, families and businesses that will be affected by the proposed improvements under a project to improve infrastructure and institutional capacity in Kampala. The purpose is to provide a strategy to implement physical works whilst minimising the negative impacts on the entities in their path. Development projects although well intentioned can have negative impacts on livelihoods.

The RAP was developed in two phases: inception which devised the methodology of the assignment, and the main stage in which the following activities were carried out:

Sensitisation and mobilisation of the affected population

Cadastral survey and engineering design review

Socio-economic census

Stakeholder consultation

Document review

Valuation

Approach

The approach was to emphasise in-depth understanding through the use of qualitative methods, and breadth of understanding through exposure to a wide range of stakeholders.

The combination of reaching the whole affected population through the census (and not sampling), qualitative data collection through the community dialogue workshops and semi-structured interviewing of institutional stakeholders, and field observations ensured the generation of both breadth and depth of understanding, which has characterised the study throughout. Moreover, every effort has been made to make the study as participative as possible.

Over 1000 (one thousand) individuals were covered in the census, and over 500 (five hundred) interviews and discussions, either one-to-one or in groups. During the fieldwork, it was important to elicit and understand all viewpoints, minimise animosity, and to maintain open mind. This led to better understanding of issues such as fair and prompt and adequate compensation and non-measurable losses which are not as simple as they first appear, discussed in more detail in the RAP.

Activities for information collection were carried out by administrative division, in a defined sequence starting with mobilisation and sensitisation of persons, likely to be affected, cadastral survey, valuation, engineering review and socio-economic census of affected entities.

Outputs

Both phases revealed many issues and reinforced the need to improve both infrastructure and the institutional capacity within KCC. (See Annexes 3 and 4)

Component Outputs

1. Mobilisation and sensitisation Workshop reports

2. Cadastral Survey and design review Survey data, Strip maps, maps

3. Valuation List of affected persons, affected property and values

4. Institutional stakeholder consultation Retained interview notes

5. Review of related work Case studies, insights

iii


Recommendations

The following recommendations were made for the RAP:

In order to minimise resettlement and negative project impacts, roads will be strengthened within the current dimensions.

The main resettlement measure will be fair, adequate and prompt compensation. Provision has been made for disturbance and non-measurable losses to reduce the negative impact of resettlement on vulnerable households. The basis of valuation has been market values since in the city market value is higher than replacement cost.

Affected Population

Scenarios:

The RAP discusses two scenarios: the first is the ideal where all impacts and losses are based on the designs by KCC. The second scenario incorporates changes in the designs to reduce the impact and losses and this scenario has been accepted by KCC for implementation.

According to Scenario 2, 415 entities (individuals, households and businesses) are affected, and out of these, 141 will relocate. Depending on the site conditions, some may choose to relocate on the same plot, whilst others may choose a completely new site. Associated costs (additional 15% on value of property) for both cases have been included in the resettlement/compensetion cost.

Eligibility and Cut off Dates

The following categories of stakeholders are eligible for payment of compensation, based on the Land Act, 1998 and the World Bank OP 4. 12

1. Registered land owners with either leasehold or private mailo land titles.

2. Bonafide occupants— persons sitting on registered, having been settled by government or its agents and those having settled on the land between 1983 and 1995 without interference by the registered owner (also recognised as having interest on that land).

3. Lawful occupants—person who came onto the registered land with the permission of the registered owner (according to the Ugandan law).

4. Licensees—those without legal claim to the land but with permission from the land owner to carry out activities on the land (kiosks, growing seasonal crops).

5. Squatters—those using the land without the permission of the landowner and have no legal nor traditionally recognised claim to the land.

The cut- off date is April 15th 2006, the day collection and verification of baseline socio-economic information were completed. Affected persons have been informed that any developments after the date of referencing the property and baseline socio-economic survey will not be eligible for compensation. The cut-off date will be followed by the legally binding disclosure exercise where affected persons, land parcels and developments will be displayed.

Grievance Procedures

A three stage procedure is proposed which will be communicated at disclosure of the planned developments.

1. The division is the first point of call where a complaint will be recorded, and:

Dealt with by the RO—explaining the basis for valuation and compensation

iv


Forward complaints that can not be resolved at the division to City Hall.

In both cases, the record shall be on appropriately designed standard form filled with the assistance of the resettlement officer and signed by the complainant.

2. Throughout the thirty day period, KCC headquarter (City Hall) will receive complaints from the division, and these shall be dealt with in a similar manner by the resettlement officer and the Principal Valuer—RO and PV to provide more professional explanation about the basis of valuation and compensation in consultation with the PCU and Consultant. At this stage, complaints will be clustered into major categories to be responded to by KCC, within a period not exceeding fourteen days after the thirty day period of receiving complaints. Response by KCC will be in the form of written letters to affected individuals, and public announcements. KCC will dialogue with complainants who are still dissatisfied and offer the following options:

To choose from a list of certified valuation surveyors a valuer to re-value their property. The valuer chosen (by at least 60% of the complainants) will offer services procured by the district land tribunal, and paid for by KCC.

To propose independent valuers to be paid for by the complainant (typical fees area range between 250-300 US Dollars per property valued) to provide estimates for compensation. It is anticipated as in the case of the Northern By Pass that complainants would have been paid already, based on the initial valuation, and will therefore be able to pay for these services.

Estimates from the valuation exercises will be debated by the respective valuers in a meeting called by the district land tribunal. On the one hand the Chief Government Valuer will defend the initial value—on behalf of KCC and government, whilst the complainants’ valuer justifies their estimate. The DLT will make a decision on the value to be compensated upon which KCC will make arrangements to further payment to the complainant. KCC will meet the costs of the DLT activities under this project.

3. If the complainant is not satisfied with the decision of the DLT (which is an equivalent to a magistrates court), they can proceed to the High Court. Each party (KCC and the complainant) meets their own expenses at this stage.

Engage with the affected population

KCC should continue the dialogue with affected communities building on what is in place from this Consultancy, through different channels to ensure continued cooperation.

Budget

Total Budget for implementation of the RAP is United States Dollars Two Million, Five Hundred and One Thousand, Five Hundred Seventy Seven ($2,501,577). Budget lines are reparation, technical assistance, capacity building, and legal aspects.

Institutional Framework

The following institutional framework has been proposed:

a) Kampala City Council (KCC) through its Directorate of Community Services should manage the whole process. The Principal Valuer, in the Directorate of Finance should provide technical support on compensation issues. Departments to be involved in the resettlement process should be assisted to prepare for and carry out the respective tasks.

v


b) Resettlement desks should be established within the KCC and its decentralised structure to be staffed by experienced sociologists from the directorate of gender and community development to endorse criteria and mechanisms to implement the plan and to interface with the affected population.

c) For compensation the Chief Government Valuer (CGV) should provide support to the Project Coordination Unit both directly, and through the KCC valuer.

d) The CGV must be assisted to deliver these services to KCC.

e) The Ministry of Local Government (MoLG) should support the KCC by ensuring release of funds for the various activities from the Ministry of Finance Planning and Economic Development (MoFPED).

f) All implementing agencies in this framework should propose an individual to a Resettlement Steering Team which will monitor the resettlement, ensuring that goals are met and provide advice to enable more efficient and effective implementation.

Getting Started

The following activities are proposed for KCC PCU to undertake until the appraisal process is complete:

Disclosure of the results of the valuation and who will be affected to the different stakeholders including the affected population

Fund raising: possibilities to obtain funds from the Ministry of Finance should be explored in addition to utilising resources within KCC.

Secure buy-in: Several actors in the institutional framework should be brought up to speed about the project, and ground rules established for the implementation of the Resettlement Action Plan.

A detailed work programme for the first year and quarterly activity plan for the subsequent years should be developed.

Monitoring and evaluation procedures for the different project milestones should be put in place.

vi


Table of contents

Annexes..........................................................................................................................................xii

Tables.............................................................................................................................................xiv

Text Boxes.....................................................................................................................................xvi

Glossary of Abbreviations Used....................................................................................................xvii

1. Introduction...............................................................................................................................1

1.1 KIID Project Description.....................................................................................................1

1.2 Description of infrastructure for which RAP is prepared....................................................1

1.2.1 Road works.................................................................................................................2

1.2.2 Traffic Improvement Measures...................................................................................2

1.2.3 Drainage works...........................................................................................................2

1.2.4 Solid waste disposal...................................................................................................2

1.2.5 Markets.......................................................................................................................2

1.2.6 Benefits from improving infrastructure........................................................................2

1.2.7 Potential Impacts........................................................................................................2

1.3 Purpose, Outputs and Outcomes.......................................................................................3

1.3.1 World Bank Policy.......................................................................................................3

1.4 Terms of Reference...........................................................................................................4

1.4.1 Contract Framework...................................................................................................5

1.4.2 Scope of Works...........................................................................................................5

1.5 Acknowledgements............................................................................................................6

1.6 Report Format....................................................................................................................6

2. Methodology for the Resettlement Action Plan.........................................................................7

2.1 Introduction........................................................................................................................7

2.1.1 Approach.....................................................................................................................7

2.2 Mobilisation and sensitisation............................................................................................8

2.2.1 Objective.....................................................................................................................8

2.2.2 Method........................................................................................................................9

2.2.3 Method adjusted.........................................................................................................9

2.3 Cadastral survey and design review................................................................................10

2.3.1 Objective...................................................................................................................10

2.3.2 Technique.................................................................................................................10

2.3.3 Mailo/Freehold Land Records...................................................................................10

vii


2.3.4 Leasehold and Planned survey Records..................................................................11

2.3.5 Engineering Design Review......................................................................................11

2.4 Socio-economic census...................................................................................................11

2.4.1 Objectives.................................................................................................................11

2.4.2 Method......................................................................................................................12

2.4.3 Data Analysis............................................................................................................12

2.5 Stakeholder consultation..................................................................................................12

2.6 Valuation..........................................................................................................................13

2.6.1 Objective...................................................................................................................13

2.6.2 Methods....................................................................................................................13

2.6.3 Inspection and Data capture.....................................................................................13

2.6.4 Data Analysis............................................................................................................14

2.6.5 Basis of Valuation.....................................................................................................14

2.6.6 Kampala District Compensation Rates.....................................................................14

2.6.7 Replacement cost and market value........................................................................14

2.7 Review of related work.....................................................................................................15

2.7.1 Objective...................................................................................................................15

2.8 Outputs.............................................................................................................................16

3. Description of the Project Area and Potential Impacts...........................................................17

3.1 Makindye Division............................................................................................................17

3.1.1 Drains........................................................................................................................19

3.1.2 Markets.....................................................................................................................21

3.2 Nakawa Division...............................................................................................................21

3.2.1 Roads........................................................................................................................21

3.3 Kawempe Division............................................................................................................21

3.3.1 Roads........................................................................................................................21

3.3.2 Traffic Junctions........................................................................................................22

3.3.3 Drains........................................................................................................................22

3.3.4 Markets.....................................................................................................................23

3.4 Rubaga Division...............................................................................................................23

3.4.1 Roads........................................................................................................................23

3.4.2 Traffic Junction..........................................................................................................24

3.4.3 Drains........................................................................................................................25

3.4.4 Markets.....................................................................................................................25

3.5 Central Division................................................................................................................25

viii


3.5.1 Traffic Junctions........................................................................................................28

3.5.2 Drains........................................................................................................................29

3.5.3 Markets.....................................................................................................................30

3.6 Solid Waste Landfill..........................................................................................................30

3.7 Maintenance is critical......................................................................................................30

3.8 Valuation Assessment......................................................................................................31

3.8.1 Affected Property......................................................................................................31

3.8.2 Land Tenure Systems...............................................................................................31

3.8.3 Affected land.............................................................................................................31

3.8.4 Makindye Division.....................................................................................................31

3.8.5 Nakawa Division.......................................................................................................32

3.8.6 Kawempe Division....................................................................................................32

3.8.7 Rubaga Division........................................................................................................32

3.8.8 Central Division.........................................................................................................32

4. Findings from the socio-economic census..............................................................................33

4.1 General.............................................................................................................................33

4.1.1 Selection of infrastructure where survey was carried out.........................................33

4.1.2 Entities within the project area..................................................................................33

4.1.3 Reasons for Movement.............................................................................................35

4.1.4 Household Organisation and other Characteristics..................................................35

4.1.5 Standard of Living.....................................................................................................36

4.1.6 Vulnerability..............................................................................................................37

4.1.7 Land Tenure and Transfer Systems.........................................................................38

4.1.8 Patterns of Social Interaction....................................................................................38

4.2 Resettlement Measures and Options...............................................................................39

4.2.1 Preferences expressed during the Socio-economic census.....................................39

4.3 Perceptions about infrastructure......................................................................................40

4.3.1 Roads........................................................................................................................40

4.3.2 Drains........................................................................................................................40

4.3.3 Solid waste facilities..................................................................................................40

4.3.4 Market facilities.........................................................................................................40

4.4 Detailed Profile per Road and Drain................................................................................42

4.4.1 Mbogo Road.............................................................................................................42

4.4.2 Kibuli Road................................................................................................................43

4.4.3 Bukoto-Ntinda Road..................................................................................................44

ix


4.4.4 Bukoto-Kisaasi..........................................................................................................45

4.4.5 Ntinda –Kisaasi.........................................................................................................46

4.4.6 Kalerwe Road...........................................................................................................47

4.4.7 Kawempe-Mpererwe Road.......................................................................................48

4.4.8 Kimera Road.............................................................................................................49

4.4.9 Hoima Road..............................................................................................................50

4.4.10 Secondary 5..........................................................................................................50

4.4.11 Nalukolongo Secondary 2.....................................................................................52

4.4.12 Lubigi Channel......................................................................................................53

5. Valuation and Compensation for losses.................................................................................54

5.1.1 Identification of owners.............................................................................................54

5.1.2 Poor state of the land registry...................................................................................55

5.1.3 Valuation Results......................................................................................................55

6. Resettlement Action Plan........................................................................................................57

6.1 Objectives of the Resettlement Plan................................................................................58

6.2 Legal Framework of Resettlement and Compensation....................................................58

6.2.1 Relevant national law and agencies.........................................................................58

6.2.2 Kampala City Council................................................................................................58

6.2.3 Directorate of Community Services..........................................................................59

6.2.4 Minister of Water, Lands and Environment...............................................................59

6.2.5 Attorney General.......................................................................................................60

6.2.6 Chief Government Valuer.........................................................................................60

6.2.7 Uganda Land Commission.......................................................................................60

6.2.8 District Land Board...................................................................................................60

6.2.9 Town and Country Planning Board (1964)...............................................................60

6.2.10 The 1995 Constitution of Uganda.........................................................................60

6.2.11 The Land Act 1998................................................................................................61

6.2.12 The Land Act of 1998 as amended in 2004..........................................................61

6.2.13 The Land Acquisition Act of 1965.........................................................................62

6.2.14 The Roads Act of 1964.........................................................................................62

6.2.15 World Bank Group Safeguard Policies and Guidelines........................................63

6.3 Resettlement measure.....................................................................................................63

6.4 Eligibility and Cut-Off Dates.............................................................................................63

6.4.1 Squatters and renters...............................................................................................64

x


6.4.2 Land transactions......................................................................................................64

6.4.3 Non measurable losses............................................................................................64

6.5 Community Participation..................................................................................................65

6.5.1 Transparency is crucial.............................................................................................65

6.5.2 Anxiety related to overlapping interests over the same piece on Land....................65

6.5.3 Engage with affected population...............................................................................66

6.5.4 Strengthen Community Services within KCC...........................................................66

6.6 Alternatives to achieve Acceptable Impact and Cost (Scenario 2)..................................67

6.6.1 Maintenance of bitumen roads.................................................................................67

6.6.2 Limit road reserve.....................................................................................................67

6.6.3 Design review at Bwaise Junction............................................................................67

6.6.4 Design Review of Kimera Road................................................................................67

6.6.5 Exclusion of Minor/Peripheral Developments...........................................................67

6.6.6 Land within the road reserves...................................................................................68

6.6.7 Harvest of perennial crops........................................................................................68

6.6.8 Impact under Scenario 2...........................................................................................70

6.6.9 Conclusions..............................................................................................................70

6.7 Timetable and budget......................................................................................................72

6.7.1 Grievance Procedures..............................................................................................73

6.7.2 Integration into host population and effect of resettlement on the environment.......74

6.8 Organisational Responsibilities........................................................................................74

6.9 RAP Assumptions............................................................................................................75

6.10 Getting Started.............................................................................................................76

6.10.1 Fund Raising.........................................................................................................76

6.10.2 Disclosure..............................................................................................................77

6.10.3 Detailed Work Programme....................................................................................77

6.11 Monitoring and Evaluation............................................................................................77

6.11.1 Logical Framework................................................................................................77

xi


Annexes

Annex 1: Terms of Reference

Annex 2a: Socio-economic Inventory Form

Annex 2b: Census Questionnaire for the RAP

Annex 3: Minutes of meetings between Consultant and Community Groups

Annex 4: Minutes of meetings to sensitise local leadership

xii


Figures

Figure 2-1 Consultant’s approach....................................................................................................8

Figure 2-2 Change of approach to community mobilisation...........................................................10

Figure 2-3 Relevant studies and strategies reviewed....................................................................16

Figure 6-1: Proposed Institutional Framework...............................................................................76

xiii


Tables

Table 1-1 Consultant Team..............................................................................................................5

Table 2-1 Agencies included in consultation..................................................................................12

Table 2-2 Project Outputs...............................................................................................................16

Table 3-1 Roads to be improved in Makindye Division..................................................................18

Table 3-2 Drains to be improved in Makindye Division..................................................................20

Table 3-3 Market in Makindye Division...........................................................................................21

Table 3-4 Roads in Nakawa Division..............................................................................................21

Table 3-5 Kawempe Division Roads..............................................................................................22

Table 3-6 Junction in Kawempe Division........................................................................................22

Table 3-7 Drains in Kawempe Division...........................................................................................23

Table 3-8 Markets in Kawempe Division........................................................................................23

Table 3-9 Rubaga Division Roads..................................................................................................24

Table 3-10 Traffic Junction in Rubaga Division..............................................................................24

Table 3-11 Drain in Rubaga Division..............................................................................................25

Table 3-12 Roads in Central Division.............................................................................................26

Table 3-13 Central Division Junctions............................................................................................29

Table 3-14 Central Division Drains.................................................................................................30

Table 4-1 Survey entities per division Table 4-2 Household density on the roads.................................................................................................................................................33

Table 4-3: Summary of entities within the project area by infrastructure.......................................35

Table 4-4: Location of income generating activity..........................................................................36

Table 4-5: Own ranking of standard of living of entities within the project area.............................37

Table 4-6: Vulnerability of Households...........................................................................................38

Table 4-7: Tenure system and means of acquisition......................................................................38

Table 4-8: Patterns of Social Interaction........................................................................................39

Table 4-9: Suggested options for resettlement..............................................................................39

Table 4-10 perceived problems by survey respondents.................................................................41

Table 4-11 Socio-economic Profile for Mbogo Road......................................................................42

Table 4-12 Profile for Kibuli Road...................................................................................................43

Table 4-13 Profile for Bukoto-Ntinda..............................................................................................44

Table 4-14 Profile for Bukoto- Kisaasi............................................................................................45

Table 4-15 Profile for Ntinda-Kisaasi Road....................................................................................46

Table 4-16 Profile for Kalerwe Road..............................................................................................47

Table 4-17 Profile for Kawempe- Mpererwe...................................................................................48

xiv


Table 4-18 Profile for Kimera Road................................................................................................49

Table 4-19 Profile for Hoima Road.................................................................................................50

Table 4-20 Profile for Nakivubo Secondary 5 – Kayunga Channel................................................51

Table 4-21 Profile for Secondary 2.................................................................................................52

Table 4-22: Profile for Lubigi Channel............................................................................................53

Table 5-1 Different values assessed along infrastructure..............................................................56

Table 6-1 Laws relevant to the project...........................................................................................58

Table 6-2 Compensation Values based on Scenario 2..................................................................69

Table 6-3 Effect of Scenario 2........................................................................................................70

Table 6-4 Preliminary cost estimates.............................................................................................72

Table 6-6 Logical Framework.........................................................................................................78

xv


Text Boxes

Text Box 1-1 KIID Project Goals.......................................................................................................1

Text Box 1-2 Involuntary Resettlement............................................................................................3

Text Box 6-1 Some Unhappy Voices..............................................................................................65

xvi


Glossary of Abbreviations UsedBLB: Buganda Land Board

CAO: Chief Administrative Officer

CBD: Central Business District

CGV: Chief Government Valuer

DLB: District Land Board

DLT: District Land Tribunal

EIA: Environmental Impact Assessment

H.E: His Excellence

IHK: International Hospital Kampala

KCC: Kampala City Council

KDMP: Kampala Drainage Master Plan

KIIDP: Kampala Institutional and Infrastructure Development Project

KUSP: Kampala Urban Sanitation Project

LC: Local Council

LGDP: Local Government Development Programme

LVEMP: Lake Victoria Environmental Management Programme

MoFPED: Ministry of Finance Planning and Economic Development

MoGLSD: Ministry of Gender, Labour and Social Development

MoLG: Ministry of Local Government

MP: Member of Parliament

MWLE: Ministry of Water Lands and Environment

NEMA: National Environmental Management Agency

NCRP: Nakivubo Channel Rehabilitation Project

OP 5: Five year Operational Plan for the Sector

OP: Operational Manual

PAP: Persons Affected By the Project

PCU: Project Coordination Unit

PV: Principal Valuer

RAFU: Roads Agency Formation Unit

RAP: Resettlement Action Plan

RO: Resettlement Officer

SIP 15: fifteen years Sector Investment Plan

ToR: Terms of Reference

URA: Uganda Revenue Authority

xvii


URC: Uganda Railways Corporation

UWA: Uganda Wildlife Authority

VIPP: Visualisation In Participatory Planning

xviii


1. IntroductionKampala City is the economic and political hub of Uganda and as such is required to have facilities and public services of an international standing. At the moment the institutional capacity of local authorities to develop and manage the requisite policy environment and infrastructure which generates and supports urban economic growth has been outstripped by the tempo of the city’s growth. The high 3.9% demographic growth rate will only increase the pressure on the current drainage, road and solid waste disposal facilities whose inadequacy has a direct negative impact on the city as well as the country’s overall economic performance. From the level of garbage collectors deciding on daily tasks, to the engineers designing and supervising the construction of drainage channels and senior civil servants tackling policy, and determining budgets, all resources need to be strategically managed and coordinated.

1.1 KIID Project DescriptionThe KIID project is a challenging mission, in which Kampala City Council and the Ministry of Local Government (MoLG) aim to “develop a strong governance and institutional structure within KCC to enhance service delivery and improve economic performance of Kampala”. It is a three pronged project targeting institutional development – Component 1, improvement in the city infrastructure and services – Component 2 and overall project management – Component 3, whilst embracing public participation. Of the three, Comonent 2 in which investments in infrastructure will be made, will result in involuntray resettlement, and thus this RAP as per OP 4.12 – Involuntary Resettlement, of the World Bank Group..Meeting the project goals will involve not only widening roads and drains, construction of landfills and markets but ensuring that the on-going operation of existing urban services is efficient and effective.

Text Box 1-1 KIID Project Goals

These goals combined with the World Bank’s willingness to fund investments under the framework of the policy on involuntary resettlement provide both challenges and opportunities. The opportunities lie in improving the city’s infrastructure and services, while the challenges involve minimising the social, financial and environmental costs.

1.2 Description of infrastructure for which RAP is preparedThe project activities on infrastructure involve: - strengthening of bituminous pavement roads, up gradation of roads from gravel to bituminous pavement, traffic improvements measures at junctions and given circulation areas, reconstruction of surface water drains, re-construction of markets and expansion of a solid waste disposal facility. The infrastructure is spread out in Kampala’s five administrative divisions.

1


1.2.1 Road works These have been divided in to two categories

1. Road Strengthening —These are twenty-one Bitumen roads with a total length of 25.99 km that will be improved structurally without necessarily increasing their width and alignment.

2. Five Gravel Roads of total length 11.7 km to be upgraded to bituminous pavement with minimal changes in width and alignment

1.2.2 Traffic Improvement Measures Works are focussed on re-constructing, signalising and channelising four key junctions and 2 circulation areas in the city to reduce traffic congestion and improve mobility.

1.2.3 Drainage works These are categorised as follows:

1. Improvement of 7.7 km of primary and secondary drainage channels.

2. Improvement at four problem locations in tertiary drainage network.

1.2.4 Solid waste disposal Works are envisaged to consist of a six acres extension to the existing sanitary landfill site at Mpererwe –Kiteezi whose current operational capacity is limited to 2008.

1.2.5 MarketsTwo markets, one at Kibuli in Makindye Division and another at Kawempe in Kawempe Division, are to be re-designed and reconstructed.

1.2.6 Benefits from improving infrastructureThe roads, junctions, drains and markets are located in busy and economically important parts of the city. Improving infrastructure and facilities will have the effect of reducing production costs and increasing revenues as a result of better levels of service. Improving roads enhances traffic flow and safety, and reduces damage to cars through wear and tear. Good quality drainage will control flooding and there by reduce damage of infrastructure and property caused by storms. Improved solid waste disposal and the markets have positive public health impacts and benefits from convenience.

1.2.7 Potential ImpactsSeveral studies have recommended designs to improve the infrastructure. The following activities will affect land and developments within the project area:

In the case of the roads, widening to improve on traffic flow at junctions and provide pedestrian walkways

Acquisition of road reserve as set out in the national design guidelines to cater for future expansion

Establishment of reserve to allow for maintenance in the case of drains

Widening the drains to accommodate run off and prevent flooding.

2


Land to be acquired for resettlement activities ( for example to resettle a group of affected persons)

Land to be acquired for the landfill.

Negative environmental (including health) and social impacts around the landfill

1.3 Purpose, Outputs and OutcomesDevelopment projects even though well intentioned cause both positive and negative impacts on the livelihoods of communities that are involuntarily resettled. Therefore measures to mitigate the hard economic, social and environmental shocks must be set up. Against this background, the purpose of the consultancy was two fold:

1. Carry out cadastral survey and valuation of the land and assets to be taken up by proposed infrastructure improvements so that owners are appropriately compensated; and

2. Preparation of Resettlement Action Plan (RAP), for affected entities.

The Resettlement Action Plan will be utilized as:

1. A working document outlining the necessary actions to minimise negative impacts on the affected population and to secure continuous social and political cooperation from other stakeholders necessary for the successful implementation of the project; and

2. An indication of the financial resources required to resettle and compensate affected population.

Text Box 1-2 Involuntary Resettlement

1.3.1 World Bank PolicyThe World Bank’s OP 4.12 provides the basis and framework for writing up the RAP. The objective of the bank’s resettlement policy is to ensure that the population displaced by a project receives benefits from it. Involuntary resettlement is an integral part of project design and should be considered from outset during project preparation, taking into consideration the following:

1. Involuntary resettlement should be avoided or minimised where feasible, exploring all viable project designs. For instance the realignment of roads may reduce resettlement needs.

2. Where displacement is unavoidable, resettlement action plans should be developed. All involuntary resettlement should be conceived and executed as development programs and the resettled provided with sufficient investment resources and opportunities to share in project benefits. Displaced persons should be:

In the context of this report, “involuntary resettlement” refers broadly to an individual, family or business in the path of the proposed infrastructure improvement:

Being physically moved from their current location (including loss of land or loss of shelter)

Whose means of livelihood is affected as a result whether there is physical relocation or not (this includes loss of assets or loss of access to assets and loss of income).

3


a. Compensated for their losses at full replacement cost prior to actual movement and/or relocation,

b. Assisted to move and supported during the transition period in the resettlement site,

c. Assisted in their efforts to improve their former living standards, income earning capacity and production levels, 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. Specific attention should be paid to the poorest and vulnerable groups to be resettled.

d. Community participation in the planning and implementing resettlement is imperative. Appropriate pattern of social organisation should be established and existing social and cultural institutions of resettled and their hosts should be supported and used as much as possible.

3. To support the implementing agencies so that they have the requisite skills and resources to assist affected persons. Activities in the resettlement programme do not end with compensation. Affected families can be traumatised by the movement and the implementing agency must have the awareness and the skills to deal with these social issues.

1.4 Terms of ReferenceThe terms of reference of the study required the consultants:

Cadastral Survey and Valuation

a. To obtain cadastral data and maps of the land to be acquired for the project’s infrastructure investments

b. To estimate compensation costs for the expropriation of the routes along the proposed infrastructure investments or area to be occupied by the investments and the costs for relocation of utilities;

c. To provide to decision makers all the relevant information on land to be acquired and utility /public services to be relocated or protected;

d. To raise and spread awareness of the project as regards land acquisition and its consequences among the public in general and persons that will be directly affected in particular.

Resettlement Action Plan

e. To carry out a social economic study of areas to be impacted identifying social and economic characteristics of the persons, communities and businesses and how they will be affected by the project;

f. To value losses and determine compensation packages, for persons communities and businesses who will be affected;

g. To come up with resettlement measures including required inputs, implementation plan and monitoring and evaluation arrangements;

4


The full terms of reference for the study are included as Annex 1.

1.4.1 Contract FrameworkThe study was undertaken by a team of Ugandan and European consultants working in close partnership with the Kampala City Council (KCC), through a contract between the Ministry of Local Government and Geomaps Africa—which led a consortium including Delta Partnership, Interface Consulting and Resco. The Consultant Team was as follows:

Table 1-1 Consultant Team

1. Abby Sebina-Zziwa

Team Leader 8. Victor Male Engineer

2. John Musungu Land Surveyor 9. Athanazi Kamugyisha

Research Assistant

3. John Kayima Engineer 10. Deborah Namirembe

Research Assistant

4. Balinda Birungi Valuation Surveyor 11. George Bogere Research Assistant

5. James Ssengendo Sociologist 12. Robert Mugagga Research Assistant

7. Mike Thompson

Institutional Specialist 13. John Banga Valuation Surveyor

In addition, the team was assisted by sixteen enumerators to collect data during the socio- economic census. The study was managed in KCC by David Kiggundu-Tamale, Bonnie Nsambu and Edward Mukalazi. The Project Coordination Unit (PCU) contributed valuable insights throughout the assignment to the consultants’ work.

The work described in this report was undertaken between December 2005 and April 2006, duration of four months. Out of this period, approximately 14 weeks were spent in the field, undertaking detailed discussions with the affected populations and their local leadership, conducting the cadastral survey and design review to determine the extent of the proposed infrastructure and its impact on the existing land and physical assets and conducting the socio-economic census and valuation of the affected entities. The remainder was spent in investigations (engineering design review and identification of land owners), consultations and report writing in Kampala. A total of 23 person-months were devoted to the entire exercise.

1.4.2 Scope of WorksDuring contract negotiations some of the infrastructure to be considered during the consultancy as spelt out in the Terms of Reference was removed from the scope of works owing to budget constraints as follows:

1. Bitumen roads for maintenance and gravel roads up gradation on Priority 3 list; all in Tranche 2 were all withdrawn

2. Gravel roads to be upgraded to Bitumen in Tranche 2 were reduced from 54km to 25 km.

3. Minor drainage systems in Tranche 2 were all removed.

At a subsequent meeting at City Hall, between the Consultant and officials from KCC, it was agreed that the Consultant concentrates on infrastructure in Tranche 1 exclusively, because:

a. This will be the focus of project appraisal, and

5


b. Funding for Tranche 2 has not yet been considered.

As such the sensitisation, cadastral survey, valuation and socio-economic consultation activities were carried out on Tranche 1 infrastructure. Twenty six (26) roads of total length 37.74 km, four major traffic junctions and 2 traffic circulation areas, two markets, a solid waste landfill, 7.7 km of primary and secondary drainage channels and four tertiary drainage problem areas, have been included in the various multi-disciplinary exercises carried out by the Consultant. By combining this fieldwork with in-depth consultations with institutional stakeholders, it is believed that the conclusions drawn and the recommendations made in this report are able to give direction to the client. The issues raised in Tranche 1 in all aspects (socio-economic, cadastral survey and engineering design) give a fair indication of what is likely to be encountered in Tranche 2. Arousing the interest of individuals and entities to be affected by tranche 2 activities may trigger speculation and unintended consequences.

Even with the adjustments, the scope of work has not been commensurate to the resources allocated to the Consultant although these were mutually agreed upon at the outset. Field work was extensive in terms of the number of individuals, families and businesses to be covered in consultation, and intensive at the same time because the information collected had to be cross checked, triangulated and presented to the Client within relatively short timelines.

1.5 AcknowledgementsThe Consultant team acknowledges with immense gratitude the high level of cooperation and participation offered by all. This applies to all the interviewees and respondents in the different government ministries agencies, and most especially to those responsible for the smooth running of the study within KCC particularly the efforts and enthusiastic support received from David Kiggundu -Tamale, Bonnie Nsambu and Edward Mukalazi.

1.6 Report FormatThe report is divided into 3 chapters and supporting Annexes. Chapter 1 and Annexes set the scene of the study. Chapter 2 and Annexes presents the RAP methodology; Chapter 3 and Annexes describes all the infrastructure to be improved under KIIDP including an initial assessment of the potential impacts; Chapter 4 and Annexes contains the results of the socio-economic survey both generally, and for each infrastructure; Chapter 5 and Annexes presents the Resettlement Action Plan based on the outline provided in the Terms of Reference.

6


2. Methodology for the Resettlement Action Plan

2.1 Introduction

The RAP is a culmination of the several activities carried out by the Consultant. This chapter describes the activities undertaken and the methods used. Activities undertaken have been grouped as follows:

1. Mobilisation and sensitisation

2. Cadastral survey and engineering design review

3. Social economic census

4. Valuation

5. Institutional stakeholder consultation

6. Document review

7. Documentation

2.1.1 ApproachThe terms of reference required the consultants to carry out a socio-economic census and valuation of all entities affected, conduct stakeholder interviews with related agencies of Uganda in addition to design review and cadastral survey. The approach was to emphasise in-depth understanding through the use of qualitative methods, and breadth of understanding through exposure to a wide range of stakeholders.

The combination of reaching the whole affected population through the census (and not sampling), qualitative data collection through the community dialogue workshops and semi-structured interviewing of institutional stakeholders, and field observations ensured the generation of both breadth and depth of understanding, which has characterised the study throughout. Moreover, every effort has been made to make the study as participative as possible. Sensitisation workshops allowed wide contribution by the local leaders and the affected individuals and families to the Resettlement Action Plan.

Over 1000 (one thousand) individuals were covered in the census, and over 500 (five hundred) interviews and discussions, either one-to-one or in groups. An empathetic approach was taken to the interviewing of all affected individuals. During the fieldwork, it was important to elicit and understand all viewpoints, minimise animosity, and to maintain open mind. This led to better understanding of issues such as fair and prompt and adequate compensation and non-measurable losses which are not as simple as they first appear.

In order to work effectively, and efficiently, the activities of information collection were carried out by administrative division, in a defined sequence starting with mobilisation and sensitisation of persons, likely to be affected, cadastral survey, valuation, engineering review and socio-economic census of affected entities.

7


Figure 2-1 Consultant’s approach

2.2 Mobilisation and sensitisation2.2.1 ObjectiveBringing on board local leaders and the wider population of the affected areas was a major activity of the first part of the consultancy as it was deemed crucial for its smooth execution. The process was lengthy, starting with a Press Release by the client in order to inform Kampala citizens of the impending plans aimed at the general improvement of service delivery in the City and to prepare them for the Consultants’ activities. This was followed by participatory planning workshops conducted in segments and by division taking into account numbers of participants.

8

Se

nsi

tis

ati

on

of

co

m

mu

niti

es

P r o v i d e f e e d b a c k a n d m o b i l i s e a f f e c t e d i n d i v i d u a l s

C

a

d

a

s

t

r

a

l

S

u

r

v

e

y

Acquire

maps

Merge

data

into

single

syste

m

Peg out

zone

s of

impa

ct

Desi

gn

revi

ew

—to

mini

mise

rese

ttle

men

t or

com

pen

satio

n

cost

s

S

o

ci

o-

e

c

o

n

o

m

ic

c

e

n

s

u

s

V

al

u

a

ti

o

n

o

f

a

ff

e

ct

e

d

p

r

o

p

e

rt

y

Analysis of resettlement optionsAssessment of costs

RAP


Initially, the purpose of the workshops was three-fold:

a) To sensitise local leaders in the target communities who would then pass on the information to the likely to be affected communities before surveying, valuation and census were carried out.

b) To solicit views of the local leaders on issues relating to the infrastructure development aspects under KIIDP.

c) To jointly plan for subsequent field activities with the local leaders

2.2.2 MethodThe first plan was to call upon the local council leaders who in turn would sensitise and mobilize the community for the project activities. Following several discussions between the client and the consultant, it was agreed to first sensitise one division (Makindye) so that the lessons learnt could be incorporated into exercises for the subsequent four administrative City divisions.

The Visualization in Participatory Programs (VIPP) methodology was employed. This method is a people centred approach to planning, training and other group events based on a philosophy of trusting in the capacities and creativity of human beings. It combines techniques of visualization with methods for interactive learning. VIPP methods democratise the interaction between people. It utilizes multi-coloured cards of different shapes and sizes on which the participants express their main ideas in large enough letters or diagrams to be seen by the whole group.

All key staff for the Consultant participated in the workshops, the expertise of KCC project coordination unit was drawn upon to explain some issues in the workshops. The local leadership expressed useful ideas for the Consultant’s subsequent activities. Revisions to the methodology were made at the end of the workshop by the consultant’s team after discussion on what went well and what could be improved.

2.2.3 Method adjustedContrary to the expectation of the Research team, the turn up for these workshops was very low with actual attendance being less than 15% of the invited participants mainly due to the political activities taking place at the time (presidential and MP elections). It became evident later that the local councils could not relay the sensitisation information. This compelled the team to adopt a more efficient method of direct mobilization and contact with the affected population. This worked very well because the dialogue in these meetings enabled the communities to articulate the prevailing problems as well as solutions and in relation to the roads, drainages, garbage disposal and markets which information would otherwise have been distorted by the local leaders. Likewise, it enabled the team to appreciate communities’ anxieties as well as attitudes towards city authorities and government projects.

9


Figure 2-2 Change of approach to community mobilisation

2.3 Cadastral survey and design review2.3.1 ObjectiveCadastral surveys were carried out because they are an essential ingredient of the Resettlement Action Plan. It is through such surveys that the tenure of the land of interest is defined.

2.3.2 TechniqueCadastral information in the country falls into two sets; the old traditional approach which were mainly uncontrolled and the National Universal Traverse Marcator projection control system. For Kampala City area, the bigger portion of the land falls in the former where the surveys were not based on any planning input and cover

approximately 80% of the surveyed land. The rest may be approximated to be 15%. Consequently, some of the road and drainages were originally surveyed in either system while others were not. Because of this situation, it was necessary that physical cadastral surveys be carried out for this assignment.

The land to be acquired for the proposed developments falls into four categories of tenure as defined in the Land Act 1998 (see section 3.3.2). For already registered land i.e. freehold, leasehold, private mailo tenure systems, the area to be acquired was determined using records of deed plans where shape, dimension and size of a parcel of land are geometrically reproduced to a given scale and graphically presented. These records were obtained from the KCC, Central Registry and the Surveys Headquarters in Entebbe. Customary interests, on the other hand, were documented only after physical inspection on the ground in the presence of the known owner supported by the Local Leadership and neighbours, which made the exercise time consuming.

2.3.3 Mailo/Freehold Land RecordsRecords from the original mailo surveys are fragmented and are not easily amalgamated except with sophisticated manipulation of data. Using digital topographical maps, the road or drainage infrastructure of interest was identified and highlighted on the computer screen. Using an A3 digitising and/or the A3 scanning tablet, cadastral data falling within the area of interest were captured using image capture software. This was followed by identification of a series of boundary survey beacons on the ground, capturing their coordinates using Ashtech Locus Global Positioning Satellite receivers. These have two receivers one of which is roving and the other is set at a national control station with known location parameters (N, E and Z).

10

Identify LC Zones in affected areas

Invite key LC officials—Chair and Secretaries for Information, Mobilisation, Women and Defence

Conduct half-day workshop—introducing concepts and planning fieldwork

Identify persons and businesses to be affected

Direct discussions on project purpose and different stakeholder roles

Change of approach


The output is geo-referenced cadastral data which were then downloaded onto the digital topographical infrastructure and ultimately the plots likely to be affected by the proposed developments were identified.

A proposed reserve for the road or drain was offset from the centre of the road or drain (existing or planned) to define the extent of the land of interest. Because all the resultant data were in the National Control system, the points at which the boundary lines were traversed by the proposed reserve line were pegged using Total stations in a set-out mode and simultaneously a strip map showing the effect, plot and size was generated for the Valuer to use in referencing and computing compensation packages to the different interests.

2.3.4 Leasehold and Planned survey RecordsUnlike the mailo records described above, some more recent records of leasehold tenure are in the National Universal Traverse Marcator projection control system and can readily be secured from the Commissioner of Lands’ office in Entebbe. The road dimensions were clearly marked and the proposed reserves already set. These records were digitised and the road reserve was established. It was noted that road reserves were established in Central Division, parts of Nakawa, Rubaga and Makindye Divisions. Kawempe Division had cadastral data falling predominantly in the mailo land category and therefore contained the traditional system.

2.3.5 Engineering Design ReviewThe main purpose activities and methods of the design review were to:

a. Carry out a detailed review of all available engineering documents such as engineering design reports and drawings, focusing specifically on the proposed infrastructure developments, investments and improvements

b. Advising and vetting the work of the Land Surveyor, in delineated zones of impact, extents and area coverage of the proposed infrastructure development investments and improvements described in Activity (a) above, and plotting them out on relevant maps and drawings based on the original engineering designs, soft copes of the designs of the developments were obtained from the KCC and wherever possible superimposed on digital cadastral maps—which entailed reconciling the various data into a common survey system..

c. Advising and vetting the work of the Land Surveyor in the field during the actual pegging out on the ground of the delineated zones of impact, extents and area coverage of the proposed infrastructure developments, using the plotting done on the relevant maps and drawings described in Activity (b).

d. Taking note of and advising on how the results and findings from Activity (c) above impact on the whole RAP process, especially where major land expropriation requirements and hence major displacements, re-settlements and compensation for land, buildings, crops were evident

e. Exploring where possible alternative options of engineering design details and also construction technologies to mitigate the magnitudes of land expropriation requirements, displacements, re-settlements and compensation costs and advising the Land Surveyor to modify the pegging on the ground accordingly and also keep a record of the relevant modification for future re-documentation.

f. Outlining proposals and cost estimates, due dates of the necessary developments.

11


g. Write up of the engineering review related issues emanating from Activities (a), (b), (c), (d) and (e) above for inclusion in the complete RAP Report and other related documents.

2.4 Socio-economic census2.4.1 ObjectivesThe purpose of the socio-economic census was to obtain information about the persons affected by the planned improvements as follows:

1. Their socio-economic profile—which would reveal the characteristics of the affected population, specifically identifying the vulnerable.

2. The magnitude of the effect of the proposed improvements on their livelihood.

3. To establish eligibility for resettlement assistance

2.4.2 MethodA structured questionnaire was used for the social economic census conducted for all those families, businesses falling within the surveyed corridor. This questionnaire had five sections which covered variables related to particulars of the affected parcel of land, demographic profile of the affected households, sources of income of affected households, social network and support systems, and opinion about service delivery in the city. Both a valuation form and a census questionnaire (attached as Annex 2) were carefully designed and pre-tested on sixty respondents and fine tuned and approved by the Chief Government Valuer. Twenty enumerators were trained and took part in the pre-testing exercise although only sixteen participated in the census.

In interviewing, the team was aware of the importance of:

a. encouraging a genuine attitude of trust, respect and confidence between interviewer and interviewee;

b. not accepting all responses at face value, but probing and entering into dialogue to explore issues in depth;

c. triangulating areas of inquiry between interviews, and re-visiting important issues in order to resolve apparent contradictions;

d. maintaining an open mind to new information and insights;

e. Offering the views and expertise of the interviewer when appropriate, and not simply taking information from the interviewee.

2.4.3 Data Analysis

Information from one thousand three hundred seventy six (1376) census questionnaires was coded and captured using Epi-Info and analysed using SPSS Statistical Packages.

12


2.5 Stakeholder consultationThe table below summarises the consultations with relevant agencies. Even though not specifically mentioned in the law, Ministry of Works, Housing and Communication was included because of their experience carrying out similar resettlement work for roads construction.

Table 2-2 Agencies included in consultationAgency Person ConsultedMinistry of Local Government Assistant Commissioner District and Urban

AdministrationMr. Abbey Iga

Ministry of Water Lands and Environment

Chief Government Valuer: Mr. J Bwiragura

Ministry of Works, Housing and Communication

Commissioner Human Settlement: Ms. Sarah IbandaAssistant Commissioner Operation: Mr. William WalagaAssistant Commissioner Planning: Mr. Samuel MabalaSenior Sociologist: Mr. Santono Dramani

Kampala City Council Project Coordination Unit: Mr. David Kiggundu, Mr. Bonnie Nsambu and Mr. Edward MukalaziPrincipal Valuer: Mr. Paul Mungati

2.6 Valuation2.6.1 ObjectiveIn order to come up with a viable and acceptable RAP, valuation of the affected properties was essential for the client to get clear indication of the cost of the compensation costs for the expropriation of land for road reserves and drainage systems. Valuation had two components, one was using the cadastre strips to establish the size, tenure and ownership; the other was the physical verification and recording of the affected structures on the identified properties. Computations were based on market value for land and permanent structures, while KCC established rates of 20031 were used for temporary and semi permanent structures and crops.

The compensation assessment covered the physical land taken together with the improvements thereon which include buildings, structure, trees and crops. Payments of compensation to persons affected by the works such as those under this project is provided for under Article 26 of the Constitution of the Republic of Uganda 1995 and Section 42 of the Land Act 1998 (discussed in section 5.2). The payment of compensation to the persons affected by the project is meant to correct the problem created by the project. The affected person is presumed to be put in the same condition as if nothing had happened. That is, to reinstate the person to a situation

1 Updated rates for 2007 will be established and applied before making compensation payments.

13


similar to that before the works. That is why the law requires fair adequate and prompt compensation to the affected persons.

2.6.2 MethodsThe method used involved inspection, survey and data capture in the field, analysis of data captured, valuation/assessment and preparation of valuation reports in the office.

2.6.3 Inspection and Data captureField work involved:

1. Identification of the land and property owners whose property will be affected by the proposed improvements.

2. Establish the nature of damage that is likely to be experienced and

3. The type of interest in the land held by different property owners.

A search for comparable market evidence on the different types of land interest held and on building values/costs of the different buildings found in the project area was carried out. The inspection of the property included referencing or taking sketches and measurements of buildings and structures affected. Details of construction, finishes, structural soundness, state of repair and the general workmanship were also recorded in the field notebook and forms.

2.6.4 Data Analysis Analysis involved determining the appropriate rates to be used in the assessment of compensation for land taken and buildings/structures affected by the improvements. The data from the district/area compensation list was also analysed to determine the rates to be applied on trees and crops, semi permanent buildings and temporary structures.

2.6.5 Basis of ValuationAssessment and payment of compensation to persons deprived of property is provided for under Article 26 of the Constitution of the Republic of Uganda 1995 and Section 42 of the Land Act 1998. The basis of the valuation for compensation is Market value. Market value is defined as “the best price at which the sale of an interest of the property might reasonably be expected to have been completed for cash consideration on the date of the valuation, assuming:-

1. There is a willing seller;2. That, prior to the date of valuation, there had been a reasonable period (having regard to

the nature of the property and the state of the market) for the proper marketing of the interest, for the agreement of price and terms and the completion of the sale;

3. That the state of the market level of values and other circumstances were on any earlier assumed date of exchange of contracts, the same as on the date of valuation;

4. That no account is taken of any additional bid by a prospective purchaser with a special interest.

5. That both parties to the transaction had acted knowledgeably, prudently and without compulsion.

2.6.6 Kampala District Compensation RatesThe Land Act provides that the District Land Boards (DLB) should set compensation rates every year. At district level, a committee comprising the technical officers (commercial, agricultural

14


veterinary officers, district engineer and the physical planner) with a representative of the CGV and chaired by the Chief Administrative Office (CAO) sets out rates based on consultation on the prevailing market rates. The committee’s outputs are recommended rates to be scrutinised and approved by the District Land Board.

The current Kampala district rates established for 2003 were used during the valuation exercise for this RAP. Values will be updated before compensation.

2.6.7 Replacement cost and market valueThe World Bank policy stipulates the replacement cost with the view that this would be fair to the affected persons. This assumption is valid for rural areas where the market value for property is really low. In the case of urban areas such as those encountered in this assignment, the market value is in fact higher than the replacement cost and is thus more reasonable to apply in compensation. Therefore using the market value ensures that both the Ugandan national law and the World Bank policy are respected whilst the affected persons are compensated fairly.

2.7 Review of related work2.7.1 ObjectiveIn recent months numerous studies were commissioned and, strategies developed all with crucial relevance to this study. The work described in this report has taken into account all of these. These studies and strategies are shown diagrammatically in the Figure below. In the Inception Report for this assignment a review of relevant international and Ugandan literature was presented, the latter in the form of a bibliography of relevant studies, which is included as Annex 2 to this report.

15


Figure 2-3 Relevant studies and strategies reviewed

2.8 OutputsOutputs from the exercises described in preceding sections include the following documents set out in the table below and detailed in the Annexes

Table 2-3 Project Outputs

component outputs

1. Mobilisation and sensitisation Workshop reports

2. Cadastral Survey and design review Survey data, Strip maps, maps

3. Valuation List of affected persons, affected property and values

4. Institutional stakeholder consultation Retained interview notes

5. Review of related work Case studies, insights

16

Reset

tleme

nt

Actio

n

Plan

LG

DP

II

revi

ew

O

P

5

Conditi

onal

Grant

Guideli

nes

Enviro

nmenta

l

Analysi

s Study

Public

Sector

Refor

m

SIP

15

Local

gover

nmen

t

refor

m

Study to

develop

resettle

ment

policy

Definitio

n of

Kampal

a

Boundar

ies

Markets

Improvement

study

Ge

nd

er

Str

ate

gy

Nam

uwon

go

Hous

ing

proje

ct

Buja

gali

dam

reset

tlem

ent

proje

ct

Nakiv

ubo

Chan

nel

Reha

bilitati

on

Proje

ct

Kampal

a

Norther

n by-

pass

project


3. Description of the Project Area and Potential Impacts

The infrastructure (also described in section 1.2) is spread out in the city and is described below according to the five administrative divisions of Kampala (see map in Annex 6). Infrastructure developments in Tranche 1 of the proposed developments comprise a total of 26 roads, 7 traffic improvement locations, two markets, a solid waste landfill and primary and 10 primary, secondary and tertiary channels. All infrastructures are spread around Kampala district. Engineering evaluations (in some cases reviews) and cadastral surveys identified physical planning and development control or lack of it as the main determinant of the extent of the likely impact on the community residing in the project area.

Most bitumen roads have defined reserves to meet standards of a modern functional city. The gravel roads are largely not planned originally, (although standard designs have now been developed) and are less than the minimum required standards as defined by the Road Act, 1964, there are developments within the area that should ordinarily be the road reserve. The urban traffic improvements are two fold; firstly, area traffic management schemes which include Lubaga Road/Hoima Road gyratory and Station area gyratory. Secondly, junction improvements schemes including; Pioneer mall, Bwaise, Nakulabye and Pride theatre junctions. The details of the different characteristics among the target infrastructure identified in this assignment by division are outlined in the subsequent sections.

3.1 Makindye DivisionRoads

The roads in this division include Mbogo Road, running from Eighth Street to Tank hill Road; Kibuli Road running from Mukwano Road to Mbogo Road; St. Barnabas Road running from Tank Hill Road to Kisugu Road and Kisugu Road running from St. Barnabas Road to Namuwongo Road. Total length is 6.3 km. Most of the roads run through private mailo land and reserves had not been established.

17


Table 3-4 Roads to be improved in Makindye Division

Road From To Length (Km)

Improvement Strategy

Observations

St. Barnabas Rd Tank hill Rd

Kisugu Rd 1 Upgrade from gravel to bitumen pavement

No reserves established.

15m reserve recommended

Very dusty (gravel road)

Several properties and land to be affected

Kisugu Rd St. Barnabas Rd

Namuwongo Rd

0.2 Strengthen pavement,

Periodic maintenance

Bill boards to be relocated

Poorly maintained

Namuwongo Rd Mbogo Rd

Bukasa Rd 1.5 Strengthen pavement, periodic maintenance

Road has too many potholes, and poor drainage

Road reserve encroached on by boundary walls, a few kiosks and Bill boards

Poor drainage system

Construct walkways on top of drainages

The Road on public land, acquired already during the Namuwongo project so there is no need for land acquisition

Multiplex is carrying some works on the road

Mbogo Rd Eighth St Tank hill Rd 1.8 Strengthen pavement, periodic maintenance

Section at Green hill up to the junction needs repair

Pot holes need filling

Kibuli Rd Mukwano Rd

Mbogo Rd 1.8 Strengthen pavement, periodic maintenance

Junction with Mukwano road needs repair

Pot holes in several sections.

Total 6.3

18


Length

19


3.1.1 DrainsThe Drains in this division include Nakivubo Secondary 5—Kayunga Channel, from Gaba Road to Nakivubo Channel, whose lower reach is designed from Kibuli Road through private land, across Mukwano Road, underneath the Mukwano Industries factory to the Nakivubo channel. The design for this drain consists of a rectangular section with a top width of 7m for the section from Mukwano Road to the Nakivubo Channel, a trapezoidal section between Kibuli Road and Press Road with a top width of 7.44m. The existing channel will be re-aligned to take out some of the corners, and enable better flow. An existing water main that runs along the northern side of Kibuli Road has to be relocated although the two sewerage pipelines running on the western side of Kibuli Road culverts will not be affected. Privately owned land will have to be acquired to accommodate the wider channel between Kibuli and Mukwano Roads; land, buildings and structures at Mukwano industries, as well as residential buildings and land along the un-designed part of the channel from Gaba Road to Kibuli Road will also have to be acquired.

Nakivubo Secondary Channel 6-Gapco Channel; currently runs from upstream of Kasese Railway line to the Nakivubo Channel. This channel is poorly maintained, and poses a public health hazard from the waste dumped into it. It runs along the Gapco fuel station, and along Nsambya road through a box culvert, which is considerably small, runs under the road (modifications have been done in this area by a road contractor-Konoike, widening and providing the carriage way and walk ways) and joins the open channel on the other side of the Gapco station, which then crosses Nsambya Road to the Nakivubo channel. Because of the poor maintenance, the modifications by Konoike may not be sufficient to drain the area, and the Gapco petrol station exit area may flood, especially since, in the new design, Secondary 7 also connects at this point on its way to the Nakivubo channel.

The proposed design is to avoid the petrol station altogether, and follow a shorter route through the adjacent car washing bay, to the Nakivubo channel. This would avoid the land owned by the Muslim Sports association, which would be obtained for Secondary 6(although part of this land will be acquired for Secondary 7). The confluence with Secondary 7 on Nsambya Road can then be widened to prevent flooding. Part of the land through the new route for secondary 6 is in the Railway reserve, but the rest where the washing bay is located is privately owned, and compensation has to be paid out. A number of existing utility installations (water mains, sewer lines, electrical cables and telephone cables) will have to be relocated. For some it will be the second time because they were moved during the NCRP. This re-emphasizes the need to coordinate all civil works in the area

Secondary 7 from the first Katwe road crossing to the Nakivubo Channel although still structurally sound, is in a poor state of maintenance with a lot of waste matter in the channel. The design had three alternative routes proposed for the channel to cater for the main problem: the limited capacity of the existing outfall pipes. From observation, the third option has been adopted—starting from Katwe Road crossing under Queens Way and running between the Muslim Sports Ground and Nsambya Road to join the existing channel from Secondary 6 at the Gapco petrol station, along the Nsambya Road and into the open channel at the end of Gapco, and then crossing Nsambya Road to join the Nakivubo Channel. The existing width of the channel at the freedom square should be maintained in order to avoid the power sub station. An opportunity has been missed to carry out the construction with the current on-going civil works in

20


the area. The M6 from downstream of Kevina Road to the Katwe drain is within the Railway reserve whose land (URC) will not have to be compensated, as both are utilities.

Table 3-5 Drains to be improved in Makindye Division

System Reach Length (Km)

Observations

From To

Secondary 5- Kayunga (upper reach not designed)

Gaba Rd Nakivubo Channel

1.6 Maintenance is poor

Structures at Mukwano industries are likely to attract high compensation costs.

Most of the land upstream of Kibuli Road is Government land although the land between Kibuli and Mukwano Roads is privately owned

Channel to be straightened to enable better flow especially in the upper section between Gaba Road and Kibuli Road.

Section from Gaba Road will attract compensation for structures built at the edge of the drain

Secondary 6- Gapco

Kasese Railway line

Nakivubo Channel

0.3 Waste matter in the channel—public health hazard

Road contractors have installed culverts, some sections of the drain along Nsambya road have been covered, without maintenance; this will become a black spot2

(with flow from Secondary 7).

Proposed design will completely re-align the channel making it shorter, and improve flow.

Part of the Land belongs to Uganda Railways a Utility, and the remainder is private land.

Secondary 7- Katwe

1st Katwe Rd Crossing

Nakivubo Channel

1.5 Poor maintenance—a lot of waste in the channel

On-going works by Konoike will affect the channel

M6-Railway Line /Queens Way

Downstream of Kevina Road

Katwe Drain

0.8 Poor maintenance.

2 Location with high risk for flooding.

21


Total length

4.2

22


3.1.2 MarketsOnly Kibuli market will be improved in Tranche 1.

Table 3-6 Market in Makindye Division

Market Ownership Condition Total no. Of stalls

No. Of stalls occupied

Total no. Of lock ups

No. Of lock ups occupied

Kibuli KCC Temporary 20 32 20

3.2 Nakawa Division3.2.1 RoadsThe roads include Bukoto-Ntinda Road that starts in a well planned setting—mainly lease hold and ends in a mailo land set up; Ntinda –Kisaasi Road that runs through predominantly mailo land with a respected reserves and Bukoto-Kisaasi Road that also runs through mailo land with a narrow reserve towards Kisaasi trading centre. This road runs through both Nakawa and Kawempe divisions.

Table 3-7 Roads in Nakawa DivisionRoad From To Length

(Km)Improvement Strategy

Observations

Ntinda-Kisaasi Rd

Ntinda Rd

Kisaasi 2 Strengthen pavement, periodic maintenance

Several buildings within reserve

Some sections maintenance (potholes) especially at the junctions with roads going inward

Bukoto-Ntinda Rd

Lugogo By Pass

Ntinda 3 Strengthen pavement, periodic maintenance

Several buildings and structures within the reserve. Kiosks, bill boards to be compensated

Some sections towards Ntinda require maintenance.

Bukoto-Kisaasi Rd

Kira Rd Kisaasi Rd

3 Upgrade from gravel to bitumen pavement

Several structures build in reserve

Poor state of maintenance

Total Length

8

3.3 Kawempe Division3.3.1 RoadsThese include Kalerewe Road from Gayaza Road to Ttula Road, traversing predominantly mailo land and Kawempe –Mpererwe Road from Bombo Road to Gayaza Road, also through mailo land with a lot of developments along the road.

23


Table 3-8 Kawempe Division RoadsRoad From To Length

(Km)Improvement Strategy

observations

Karerwe Rd

Gayaza Rd Ttula Rd 3.8 Upgrade from gravel to bitumen pavement

Reserve of 15m to be used

Several structures to be affected

Poor drainage of the road

Very dustyKawempe-Mpererwe Rd

Bombo Rd Gayaza Rd 3 Upgrade from gravel to bitumen pavement

Total length 6.8

3.3.2 Traffic JunctionsThe Bwaise Junction where Bombo Road (a major highway) intersects Nabweru Road and Mambule Road is located in a busy commercial area. Widening and channelising will improve traffic flow in the area, but will attract compensation costs from the permanent single and multi-storied structures affected—including retail shops and parts of fuel stations as well as utility installations including electric poles and underground telephone and electric cables. In order to reduce compensation costs, the design of the junction at the approaches will be reviewed, with a view to avoid some of the buildings. In order to create space, the islands can be removed.

Table 3-9 Junction in Kawempe Division

Junction Intersection Length (km) Improvement strategy

Observations

Bwaise Bombo Rd

Nabweru/ Mambule Roads

0.4 Channelisation Reserve of 15m to be used

Several permanent structures to be affected

Utility installations to be affected

No foot path

Located in busy commercial area

Total length

0.4

3.3.3 DrainsThe drains in this division include the Lubigi primary channel from Gayaza road to Hoima road spanning 3.6 km. The drain starts in Kawempe division, through Kawaala to enter the Lubigi swamp near Hoima Road in Rubaga Division. The section of this channel within Rubaga division has limited developments. The land belongs to H.E the Kabaka (King) of Buganda and is administered by the Buganda Land Board (BLB). The new design indicates realignment of the

24


channel to intersect the Kampala Northern by pass (households in this section have been compensated in cash based on the market value), through several developments in Kawempe Division, which will have to be compensated based on the adjustments made to the values provided in the design report.

The K1-Makerere roundabout is a drainage black spot. No design exists, but it is anticipated that all improvements—widening and deepening the side drain to collect run-off from the upper side of the road as well as the run off from Wandegeya town and conveying to the Katanga Channel will be within the existing road reserve. If it is determined that people will be affected by the design, once it has been prepared, the RAP will be modifified to include resettlement/compensation in this area.

Table 3-10 Drains in Kawempe DivisionSystem From To Length Observation

Lubigi Primary Channel

Gayaza Rd Hoima Rd 3.6 Channel to be re-aligned. Section along Northern by pass already compensated. Several structures and land to be compensated.

K1- Makerere Roundabout

Wandegeya Leg Katanga Channel No design Side drain construction will occur within the reserve. No land acquisition anticipated.

3.3.4 MarketsThe market to be improved in Tranche 1 for this division is Kawempe Market which consists of mainly wooden stalls selling fresh produce and a permanent lock up shops selling agricultural produce and household items. No compensation will be done because this is an existing market and Phase-1 works will be carried out in the unoccupied part of the market area.

Table 3-11 Markets in Kawempe Division

Market Ownership Condition Total no. Of stalls

No. Of stalls occupied

Total no. Of lock ups

No. Of lock ups occupied

Kawempe Private 200 200 32 32

3.4 Rubaga Division3.4.1 RoadsRoads include Kimera Road that runs from Apollo Kagwa Road at Makerere to Kawaala Road at Kasubi, through private mailo land, a section of Hoima Road from Nakulabye Roundabout to the Bakuli Junction with Namirembe Road, a well planned section with a reserve; and Kabaka Anjagala Road running from Sir Albert Cook Road circumventing Bulange through Kisingiri

25


Road running past the Mengo Courts across Rubaga Road to Lubiri Ring Road, all lined up with monumental trees defining a clear road reserve, which will not attract compensation except for a few temporary structures.

Table 3-12 Rubaga Division Roads

Road From To Length (Km)


Observations

Kabaka Anjagala Rd

Lubiri Ring Rd

Natete Rd 0.8 Strengthen pavement, periodic maintenance

Reserves respected for section from Lubiri ring road up to the Bulange gate. Existing road width should be maintained

Consider converting Kisingiri Road- Bulange Way into one way traffic to create space

Hoima Rd

Bakuli Junction

Nakulabye Rd

1 Strengthen pavement, periodic maintenance

Reserves already established and largely respected

Several sections require repair

Road is poorly drained

Kimera Rd

Apollo Kagwa Rd

Kawaala 1 Upgrade from gravel to bitumen pavement

Drains are too deep and the road is narrow, design should avoid major developments.

Several structures and signposts to be affected

Total Length

2.8

3.4.2 Traffic JunctionThe Nakulabye Junction where Makerere Road meets Hoima Road is located in a commercial area with shops, markets and Fuel stations. There are major traffic flows along Makerere Road, and to improve this, the junction has been redesigned to provide signalised control. Permanent buildings, fences paved yards and utility installations would be affected.

Table 3-13 Traffic Junction in Rubaga Division

Junction Intersection Length (km) Improvement strategy Observations

Nakulabye Hoima Rd

Makerere Rd

0.4 Channelisation and signalisation

Permanent buildings to be affected


No foot path


Total 0.4

26


length

3.4.3 DrainsSecondary 2 (Natete): The design proposes that the section downstream of Masaka road be re-aligned to run along the access road adjacent to the overhead power lines, in order to avoid high compensation costs for developments on either side of the existing channel, when the Masaka Road culvert is upgraded. This is sensible considering that welders and metal artisans along the new route are easier to relocate (though the private land would have to be compensated), and there are no permanent structures. However the proposed 6.5 m channel bottom width (and 10.5m top width), means that the channel path affects several permanent buildings upstream of Masaka Road, up to Jjunju Road.

Table 3-14 Drain in Rubaga DivisionSystem From To Length (km) Observations

Nalukolongo (Upper Reach)

Secondary 2 (Natete)

Junju Rd Nalukolongo Channel

0.7 Several buildings in the channel path from Jjunju Road.

Minimal compensation in proposed re-alignment in the design

Total Length 0.7

3.4.4 MarketsAlthough there are two markets (Nalukolongo and Kasubi) on the priority list for improvement in Rubaga Division—they will not be improved in Tranche 1.

3.5 Central DivisionRoads

All the roads in this division have clearly defined reserves that have not been encroached upon, except for temporary kiosks and bill boards that have to be re-located, the planned infrastructure improvements will not necessitate extra land acquisition. The roads are as follows:

1. Access Road from Mukwano Road to Jinja Road

2. Buganda Road from The Square to Nakasero Hill Road

3. Eight Street from Mukwano Road to Mbogo Road

4. Lumumba Lane from Buganda Road to Lumumba Avenue

5. Lumumba Road from The Square to Nakasero Hill Road

6. McKinnon Road from Kintu Road to Kafu Road

7. Mengo Hill Road from Katwe Road to Lubiri Ring Road

8. Queen’s Lane from Bombo Road to Lumumba Avenue

27


9. Queen’s Way from Kibuye Roundabout to Clock Tower

10. Seventh Street from Mukwano Road to Fifth Street

11. Sir Apollo Kagwa Road from Makerere Hill Road to Nsalo Road

12. Upper Kololo Terrace from Lugogo By-Pass to Acacia Avenue

13. Wandegeya Road from Bombo Road to Lumumba Road

Table 3-15 Roads in Central DivisionRoad From To Length

(KM)Improvement Strategy

Observation

Access Road

Mukwano Rd

Jinja Rd 0.2 Strengthen pavement, periodic maintenance

Clear Rd Reserves but with billboards, Police Kiosk, and a few temporary structures.

The road needs maintenance especially at the round-about

Eighth Street

Mukwano Rd

Mbogo Rd

0.6 Strengthen pavement, periodic maintenance

Needs maintenance (potholes)

Poor drainage

Garbage disposal along the road

Need to construct walkways above the drainage system

No parking space for fuel trucks

There is a small market at the beginning of the road

Upper Kololo Terrace

Lugogo By-Pass

Acacia Avenue


Billboards in the Rd reserve to be relocated

Some sections need walkways

Part of the road requires maintenance (de-silt)

Queens Lane

Bombo Rd Lumumba

Avenue


Has a covered drainage on one side which acts as a walkway

Walkway on other side unpaved.

No acquisitions

Seventh Street

Mukwano Rd

Fifth street


Road reserve clear and maintained

storm drains need repair

Temporary structures/kiosks

28


Road From To Length (KM)


Observation

and Water tap along the road to be relocated

Part of the road needs to be reconstructed

Wandegeya Rd

Bombo Rd Nakasero Rd


Road reserves respected

Drainage requires reconstruction

Billboards to be relocated

Junction with Buganda road poorly drained

Acacia Avenue

Kira Rd YK Lule Rd


Bill boards to be relocated

Reserve respected

Unpaved walkways

Buganda Rd

The Square

Nakasero Hill Rd


The road needs maintenance, many potholes, silt and open manholes.

Storm drains blocked


Only a section of the rd has unpaved pedestrian walkway

Has shoulders /parking space

Lumumba Rd

Namirembe Rd

Nakasero Hill Rd


Storm drains need improvement

Some sections of the road need repair

Murtala Courts Discharges waste water into the road

Relocation of MTN kiosk

Garbage disposal on the road


Queens Way

Kibuye R/b Clock Tower


The road has side walk

Repair some sections of the road

Storm drains need to be maintained

Billboards in the Rd reserve

29


Road From To Length (KM)


Observation

to be relocated

McKinon Rd

Kintu Rd Kafu Rd 0.75 Reconstruct Billboards in the Rd reserve to be relocated

Flowers/Hedges in some sections the road reserve

American Agency’s barricades in the reserve

Poor drainage system

Section of the road to be reconstructed

Apollo Kagwa Rd

Makerere Hill Road

Nsalo Rd 1.5 Strengthen pavement, periodic maintenance

road maintenance is poor

no drainage system

there is need to put walkways

reserve clear

Mengo Hill Road

Katwe Rd Lubiri ring road


Although located on Mailo land, it has a sizeable road reserve

Need to pave walkways

Needs repair

Poor drainage (lower part)


A few wall fences extend in the road reserve

Total Length

15.69

3.5.1 Traffic JunctionsJunctions in this division include Pioneer Mall Junction intersecting Johnstone Street, Kampala Road (major flows) and Burton Street is earmarked for redesign and signalisation. Reserves are defined and largely respected but utility installations including underground telephone cables, and electric and telephone poles have to be re-located. Pride Theatre Junction where Namirembe Rd (with major flows) meets Rubaga Rd is a commercial area the reserves are defined and are respected. A paved yard and hedge fence along Namirembe and Rubaga Roads will be affected and have been valued for compensation. The Kampala Road – Station Approach area located along Kampala and Jinja Roads in front of the Kampala Railway Station, with additional approaches from King George VI Way, Siad Barre Road, Nkrumah-Nasser Road, and Station Road. It is located in a busy commercial and office area, along a major transport route, with heavy flows along Kampala and Jinja Roads. One Way flow is proposed along the

30


Kampala –Jinja Road to ease flow. Reserves are defined and respected, but utility installations, including underground telephone and electric cables, and sewer lines are likely to be affected.

31


Table 3-16 Central Division Junctions

Junction Intersection Estimated Length (Km)


Observations

Pioneer Mall

Kampala Rd

Johnstone and Burton Streets

0.4 signalisation Utility installations to be affected


Pride Theatre

Namirembe Rd

Rubaga Rd

0.4 signalisation Hedge located within reserve

Station Approach Area

Kampala-Jinja Road

Siad Barre Road and King George vi Way, Nkrumah-Nasser Roads

1 redesign Reserves respected


Total length

1.8

3.5.2 DrainsThe Nakivubo Wetland –Reticulation system, is not designed but is wide enough. Up gradation will not require land acquisition. Direct discharge of industry waste was observed.

The black spot; C8-Lugogo by pass from Upper Mackenzie vale to the Lugogo Channel. Heavy siltation was observed on the last section of Mackenzie vale. Lugogo by pass at the section where the drain crosses is poorly banked, and does not drain all the run-off from area well. The reserves of the road are sufficient for improvements that must be made to improve the drainage in the area, and no land acquisition is necessary.

The C14 Ben Kiwanuka St- Channel Wilson Rd is a storm water drain to run from Wilson Rd, Nakivubo Green St to Nakivubo Channel. According to the drawings a sewer main runs parallel to the drain along Ben Kiwanuka Street. There are about seven sewer crossings and eight water main crossings in the area as well as underground electric cables along the Nakivubo Channel and three underground telecom cable ducts that will be affected by the planned civil works.

32


Table 3-17 Central Division Drains

System Reach Length (km)

Observation

From TO

Nakivubo Wetland- Reticulation System

5th Street Lake Victoria No Design

Existing width is adequate. No land acquisition

Direct discharge of dye and other industry waste into the channel

C8- Lugogo by pass (near Mackenzie Vale)

Upper Mackenzie Vale

Kitante Channel No Design

Drainage poor along Lugogo by-pass (because the road was poorly banked) and Mackenzie vale (which is silted up.

Accident prone during the rains( according to the policeman at the small post)

Drainage for has to be designed in detail. No land acquisition, reserves are adequate.

C14- Ben Kiwanuka St.-Channel St

Wilson Rd, Nakivubo Green St

Nakivubo Channel

0.9 Several utility installations to be re-located( electrical cables, and telephone ducts, water and sewer mains)

Disruption during construction and maintenance because it runs through the CBD

3.5.3 MarketsThere are no markets to be improved in Tranche 1 for Central Division.

3.6 Solid Waste LandfillAn existing landfill in Kiteezi - Wakiso – District is to be expanded with an adjacent six acre piece of land at the southern end to boost capacity. The Consultant included the solid waste aspect in the consultation with the community and their perceptions are captured in this report.

3.7 Maintenance is criticalMaintenance was poor on all infrastructure observed. It is important because the impact of implementation of any maintenance strategy (reconstruction, Upgrade from gravel to bitumen pavement or overlay) can only be maximised with commensurate maintenance. Poor maintenance reduces the utilisation of the infrastructure as well as its design life.

33


3.8 Valuation Assessment3.8.1 Affected PropertyThe property to be affected by the proposed improvements includes whole buildings both commercial and residential. In some cases boundary/perimeter walls and access drives are affected. Private Mailo land and a few cases of leasehold interest have been affected by the proposed improvements on roads and drainages. Generally, the buildings affected have no approved plans, are of low quality building materials, poorly constructed and without basic services. Parts of the land to be acquired have semi-permanent structures, trees and crops that will need to be compensated. 3.8.2 Land Tenure SystemsThe Constitution (1995) defines four different types of tenure namely; freehold, private mailo, lease hold and customary ownership.

Freehold OwnershipThis tenure is mostly prevalent in institutions such as churches, mosques, schools and a few individuals. It is registered and owned in perpetuity.

Private MailoTechnically this tenure is equivalent to the English version of freehold. The term “Mailo” was adopted in Buganda (south-central Uganda) because of the unit of measurement at the time of its introduction—the mile. It is therefore the most prevalent in Buganda region and forms the bulk of land around Kampala. Land is also owned in perpetuity.

Leasehold OwnershipThis tenure is granted by a controlling authority for a defined period to a lessee for a specific development. This tenure is most predominant in urban centres, with the controlling authorities being municipal or town councils. Under the new law, this authority lies with the District Land Board.

Customary TenureThis tenure is the traditional way by which individuals or group held land. It has been recently acknowledged by the Ugandan Constitution as a legal holding. Individuals holding customary tenure can convert it to freehold.

3.8.3 Affected landThe nature of land affected by the proposed infrastructure improvements include dry land on raised ground, semi swamp and all swamp land. The type of tenure system for most land affected is “Private Mailo” which in some cases encumbered with Bibanja holders/secondary rights claims. Freeholds and Leaseholds are relatively few. In the swampy areas land is held on customary tenure and in areas where former Public land has reverted to the Kabaka is occupied by Bibanja owners and is managed by Buganda Land Board.

34


3.8.4 Makindye DivisionThe proposed improvements on four of the five the roads—Kibuli, St. Barnabas, Mbogo and Namuwongo will affect ‘Private Mailo’ land, boundary walls/fences and paved access drives to private property. This is because the existing roads do not have defined reserves, even where the reserve was provided such as on Namuwongo Road, developers have extended developments into the reserve. The improvements on drainage will affect private land and a few structures. The reserves on Kisugu road have been respected.

3.8.5 Nakawa DivisionThe proposed improvements for tranche 1 in Nakawa Division on the two roads Ntinda-Kisaasi and Bukoto Kisaasi traverse Private Mailo” land. Part of Bukoto – Kisasi Road, Kira Road – Bukoto Road and Ntinda – Kisasi Road pass through both privately owned Mailo and Leasehold land. Compensation for land will be paid. There are several buildings and structures which will be affected by the proposed improvements. Planted fences, hedges, compound trees and a few crops will be affected by the improvements and compensation paid. The improvements on drainage will pass within former Public Land where council will not pay compensation for land.3.8.6 Kawempe DivisionThe improvements on the roads in this division will pass through “Private Mailo” land where there have never been defined road reserves; compensation for land will be paid. The proposed reserve will affect several buildings and structures both permanent and semi permanent and compensation will be paid. Trees and perennial crops such as bananas, planted hedges and fruit trees will be affected and have been assessed for compensation. The proposed improvements on drainage will involve taking “Private Mailo” land. Low income and middle class residential tenements constructed in the low lying areas will be affected by the improvements and have been assessed for compensation.3.8.7 Rubaga Division There are three roads for the proposed improvements in this division including: Hoima, Kimera and Kabaka Anjagala. They all transverse private Mailo land. Hoima and Kabaka Anjagala Roads are Upgrade from gravel to bitumen pavement and have defined road reserves although some spots of these reserves have been encroached on. The two roads are earmarked for strengthening. The proposed developments will not affect any permanent structures or buildings. However, there are no constructed pedestrian walkways. Kimera road on the other hand which is earmarked for upgrading has no defined road reserve but has deep open drainages which will require careful design in order to avoid major developments( such as the hostel).3.8.8 Central DivisionIn the Central Division, the proposed improvements on roads cover roads that are already upgraded from gravel to bitumen pavement with defined reserves and in some cases constructed walkways. Developments are within the boundaries of respective plots outside the road reserves. However, in a few cases such as on Mengo Hill Road, Sir Apollo Kaggwa Road, Buganda Road and Upper Kololo Terrace, there are intrusions of kiosks, signposts and billboards which may require removing or repositioning, which has been factored into this RAP, to allow walkways to be constructed. The improvement on drainage will not impact on private property.

35


4. Findings from the socio-economic census

4.1 GeneralThe purpose of the socio-economic census was to obtain information about the persons within the project area and those who will be affected by the planned improvements as follows:

1. Their socio-economic profile—which would reveal the characteristics of the affected population, specifically identifying the vulnerable.

2. The magnitude of the effect of the proposed improvements on their livelihood.

3. To establish eligibility for resettlement assistance.

4.1.1 Selection of infrastructure where survey was carried outThe infrastructure (roads and drains) with respected reserves were not included in the social economic survey because the planned works would not result in any resettlement issues.

4.1.2 Entities within the project area

A total of 1376 entities (households, businesses and individuals), were covered, 31% the heads of the households covered were women. The survey included all entities in the project area—and did not sample. These entities are analysed and presented based on the major aspects which determine resettlement including social, economic and environmental impacts. It should however be noted that this being an urban setting, the mobility rates are quite high and therefore results are analysed with this in mind.

36

Mak

indy

e

Nak

awa

Kaw

empe

Rub

aga

Cen

tral

Households per Km ofRoad

01020304050607080

Households per Km of Road


Table 4-18 Survey entities per division Table 4-19 Household density on the roads

A lot of the infrastructure to be improved runs through densely populated areas and informal settlements (especially the drains). For instance even though there are only two roads in Kawempe of 6.8km total length, the high number of entities within the project area indicates a high population density along the road and encroachment into the road reserve. Conversely the low number of house holds per kilometre in Central division shows that the reserves are largely respected.

Within the delineated corridor for the expected infrastructure development, two main categories of entities were identified: owners and renters. Less than a third may have to relocate. The majority 623 (55%) persons were renting the premises on the land of interest for either business, residential or both; 495 (45%) claimed to own the property. Generally 69% of the households are headed by men in trade. Most of the women heading households owned the property and obtained revenue from renting it out or operating business on the premises. Vulnerable households including those headed by over 60-year old females; households headed by the very young females (below 18 years and affected by HIV/AIDS); and the unemployed constitute 10%. There are eight squatter households (1%) located spread around the divisions. Among those claiming ownership to the land (n=279), 183 (36%) indicated to have title deeds 3, 100 (20%) did not and 212 (44%) could not specify4. Among those claiming to be owners, 71 or 14% are women. Details about the entities falling within the marked off corridor by road are presented in the table below.

Table 4-20: Summary of entities within the project area by infrastructure

Infrastructure No. of entities No. of land Owners Confirmed Untitled5

3 These were self reported and owners cited the particulars of the title (Block and Plot numbers); however, verification of this information from the Lands Registry is in process. A list of names and particulars of the titles is provided in annex 2.

4 This high number of uncertainty is due to the fact the majority of the respondents were spouses, relatives or employees without this information.

5 These could inheritors of the land which is not yet demarcated for individual titles.

37

Entities within project area

Rubaga10% Central

5%Makindye

16%

Nakaw a21%

Kaw empe48%


per infrastructure

per road possession of a title

Count % Male Female Male FemaleMbogo 88 26 30 12 4 6 4

Kibuli 49 22 45 9 2 8 3

Bukoto-Ntinda 86 9 10 8 1 -

Ntinda-Kisaasi 167 28 17 17 6 5

Bukoto-Kisaasi 66 44 67 28 7 6 3

Kalerwe - Ttula 237 55 23 28 4 13 10

Kawempe - Mpererwe

161 46 29 12 9 20 5

Kimera 120 31 26 13 5 9 4

Hoima 70 14 20 11 3

Nakivubo Secondary Channel 5 – Kayunga Channel

42 3 7 2 1

Nalukolongo Secondary Channel 2

40 1 3 1

Lubigi Channel 165 165 100 17 2 49 33

Total 1291 444 34 156 43 118 63

4.1.3 Reasons for Movement

The main reasons for movement are monetary. 54% of all households indicated that the reason they moved to their present locations was to seek economic opportunities. The presence of artisans, small scale industry and markets especially in Kawempe, Nakawa and Rubaga provides avenues for employment. The presence of very low cost housing (both legal and illegal structures) and the low transport costs to work places in these areas is attractive to low income groups. Other reasons for moving into the areas included buying land (13%), having relatives in the area and easy employment (11%) each, near place of work (6%), and security (5%).4.1.4 Household Organisation and other Characteristics

Under this variable, two aspects are considered; the number of people contributing to the household income and number of persons depending on those contributing to the income. The economic relations and activities within households were established through income earners. One of the dependent variable for income is the marital status; it was found that the majority 654 (62%) of the respondents were married, 20% were voluntary live alone (single) and 18% were either separated/divorced or widowed (9%) respectively. Among the couples, 212 (39%) of the spouses were also income earners.

The majority (52%) of the households derive their livelihoods from private formal/licensed activities, 28% are engaged in private informal activities including food vending small retail shops and low scale manufacturing. A very small percentage (5%) is employed in the public sector while 8% claim to be unemployed. Generally, a total of 315 (28%) reported to have their main source of income from activities located on the land part of which will be acquired and will

38


therefore have their source of income drastically disrupted. The Table below presents location of activities that are the main sources income for landowners. Among those deriving their livelihood from activities located on the parcel, 168 (53%) were also owners of the land. This is most prevalent in Kawempe division; 13% of the same households have alternative sources of income located elsewhere. For those employed elsewhere, the major means of transport is public means (48%), 38% use private means including vehicles motorcycles and bicycles and 14 % walk.

Table 4-21: Location of income generating activity

Infrastructure On the parcel Off the parcel TotalCount Row % Count Row %

Mbogo 11 35 20 65 31Kibuli 6 30 14 70 20Bukoto-Ntinda 5 33 10 67 15Ntinda-Kisaasi 21 55 17 45 38Bukoto-Kisaasi 13 33 27 68 40Kalerwe - Ttula 38 49 39 51 77Kawempe - Mpererwe 35 51 34 49 69Kimera 19 40 28 60 47Hoima 10 43 13 57 23Makerere 1 50 1 50 2Nakivubo Secondary Channel 5 – Kayunga Channel

6 24 19 76 25

Nalukolongo Secondary Channel 2 3 27 8 73 11Lubigi Channel 106 63 59 35 165 Total 274 49 289 51 563Related to household organisation is the concept of dependency; this was gauged by using the number of children per household. It was found that the mean number of children in the census area was only two (2) but with some variations between divisions. The same figure obtained for children below 5 years, children attending primary and secondary levels. The mean number of children commuting to school was 3. The major means of transport for commuters to school was walking (60%) most prevalent in Kawempe division. The proposed developments therefore need to include side walks to cater for the 14 % adults and 60% children who walk to work or school.4.1.5 Standard of Living

The standard of living of the households/entities was gauged through the respondents’ self ranking of their social economic status. The majority (49%) ranked themselves ‘average’ closely followed by the ‘poor’ (41%) while 6% ranked themselves as ‘very poor’. This self ranking is in agreement with the stated education levels whereby 21% had acquired education beyond secondary level and 46 % had gone beyond primary level. The disaggregated information of the standard of living by road is presented in the Table below.

It is observed that the majority of the ‘very poor’ are located on two roads of Kawempe – Mpererwe (21%) and Kalerewe –Ttula (18%) both in Kawempe division and some of them are of occupying the wetlands of Secondary Channels 2 and 5 totalling to 49 or 8%. As indicated

39


above, these are also mainly informal settlements (part of the Lubigi channel) and are engaged in low skill activities. The source of food for the respondents in the census areas are the different the markets (96%), which underscores the importance of markets as priority for infrastructure development.Table 4-22: Own ranking of standard of living of entities within the project areaName of Infrastructure

Rich Average Poor Very Poor

Count % Count % Count % Count %Mbogo 1 3 34 6 24 5 6 6Kibuli 27 5 14 3 2 2Bukoto - Ntinda 2 6 30 6 27 6 5 5Ntinda - Kisaasi 1 3 62 12 64 13 6 6Bukoto - Kisaasi 3 8 40 8 16 3 1 1Kalerwe - Ttula 9 25 86 16 114 24 11 10Kawempe - Mpererwe 3 8 86 16 48 10 13 12

Kimera 8 22 58 11 39 8 5 5Hoima 9 25 30 6 17 4 3 3Nakivubo Secondary Channel 5 – Kayunga Channel

- 14 3 19 4 6 6

Nalukolongo Secondary Channel 2

0 15 3 20 4 4 4

Lubigi Channel 44 8 81 17 43 41Aggregate total 36 3 526 46 483 42 105 9

4.1.6 Vulnerability

The census identified 4 indicators of vulnerability among the enumerated households namely; widows (female) headed households, persons with disability, the elderly and child headed households who may also be among the very the ‘very poor’. A total of 248 (22%) households exhibited at least one characteristic of vulnerability (not mutually exclusive). The detailed nature of categories of vulnerability is depicted in the Table below.

Table 4-23: Vulnerability of Households

Indicator of Vulnerability Count (n =248) %Widows 89 35Households with persons with disability 83 33The very poor (self assessment) 62 25Elderly headed 8 4Child headed6 6 3

6 These were respondents who were below 18 years old claiming to be heads of households.

40


4.1.7 Land Tenure and Transfer Systems

In the context of this report, the term “tenure” refers to the way the respondents held land in accordance to the legal provisions which include; customary, mailo/freehold, leasehold and tenancy. On the other hand, transfer systems refer to the means of acquisition of the parcel.

For purposes of determining compensation packages, this analysis is recast into two main categories of tenure systems: titled land and untitled land. The census found 504 non-renting households, 180 (36%) reported to have titles while the rest did not have titles (see Table 4.1 above). The most prevalent means of land acquisition is through purchase 67%. The Table below presents a cross tabulation of the type of holding by means of acquisition. Table 4-24: Tenure system and means of acquisitionType of Holding Bought Inherited Given as a gift/just

settledTotal

Titled 118 55 2 175Untitled 65 26 6 97Total 183 83 10 272Percentage (%) 67 31 2 100

4.1.8 Patterns of Social Interaction

The patterns of social interaction were evaluated based on; where the persons normally seek advice, from whom and where they live, whether the respondents had relatives within the parish and belonging to any community organisation within the parish. The census established the majority of the respondents to be Baganda ethnic group who are also indigenous to the area. The patterns of interaction was an assortment of friends, brothers and sisters, and in-laws most of whom live within the parish. A modest number (22%) of respondents belonged to community organizations within the parish. These interactions are depicted below.

Table 4-25: Patterns of Social Interaction

From who is advice normally sought?

Whether that person resides within the parish

Yes NoFriends 218 68Sister/brother 157 95In-laws 79 42Parents 74 102Priest 24 9Other relatives 23 8Counselling Services 17 12LC 11 2Total 603 338

41


Percentages % (n=941) 64 36Yes %

Whether relatives live within the parish (n=80) 588 80Whether one belongs to any community organization in the parish (n=1027)

221 22

4.2 Resettlement Measures and Options 4.2.1 Preferences expressed during the Socio-economic census

Information on preferred resettlement measures was solicited from respondents and three options emerged reflected in the Table below. The Table below displays these suggestions.

Table 4-26: Suggested options for resettlement

RESETTLEMENT PREFERENCE

NUMBER PERCENT

Compensate me—I will find where to go

656 94

Buy a house for my family 23 3Provide Housing Loan 13 2Uncertain 4 1Total 696 100

42


4.3 Perceptions about infrastructure4.3.1 Roads

The problems related to the roads were mostly poor maintenance (50%) mentions, and narrow and blocked access (27%). The later is largely due to ignorance of the community about right of access and partly a problem of surveying whereby the surveyors fail to indicate access on the cadastre and to emphasize to the clients the requirement of allowing for access for plots off the main road. Poor planning, engineering and construction dominated the response to the causes. Similarly, the solutions were mainly to rectify the problems by widening the roads, enforcing standards and regular maintenance. 4.3.2 DrainsIssues highlighted by respondents include; poor maintenance by KCC, lack of involvement of local authorities and direct disposal of human and other solid waste by residents directly into the drainage channels.

4.3.3 Solid waste facilitiesGenerally, solid waste disposal problems are under two categories:

1. Poor practices by the community

2. Poor management by KCC

Respondents felt that poor practices including the dumping of solid waste into the drainage channels and road side is caused by poor enforcement of laws. They also felt that skips provided by KCC are few, and are not collected quickly enough to prevent spill. This is critical for KCC because poor solid waste management contributes to the poor functionality of the drainage channels.

4.3.4 Market facilities

The problems raised by both residents and local authorities concerning markets include poor planning, wrong locations, crowding and poor management. Environmental concerns have been noted in the Kagga Report. Two markets have been identified as vulnerable in two ways; one (Kawempe market) is located on a slope which steadily suffers from soil erosion and is difficult to design. If left to the private landowner to develop in a situation of weak enforcement mechanisms, it may create more problems for the surrounding area. The other (Kalerwe) is next to the low land (Lubigi-Mid reach). In order to protect the vicinity, very high standards will have to apply. Respondents in the census identified weak enforcement mechanisms (64% mentions) as the cause of the deteriorating environment leading to persistent floods and further destruction of personal assets.

43


Perceived Problems Aspects Mentioned % Perceived Causes of the

Problems% Solutions to the Problems %

ROADS

Roads neglected /No Maintenance

50 Poor planning// Engineering 40 Widen roads to cater for users 29

Narrow and/Blocked access 27 Poor or No Maintenance 25 Enforce standards 26Accidents 13 Poor construction 24 Regular maintenance 24Poor/lack of drainage 6 Negligence//Over speeding 8 Include all safety measures 10Lack of street/traffic lights 3 Corruption 3 Contract out these activities 10Poor signs and labelling of roads

1

MARKETS

Poorly planned/located 33 Poor policies/Planning 52 Construct more markets 47Poorly managed 22 No space for markets 18 Enforce standards 29

Crowed /Very few 19 Lack of personnel/ Poorly managed 14 Allocate more funds 19

Lack basic facilities 15 Lack of funds 12 Recruit more personnel 3

High taxes 11 Corruption (lack of ethics and Morals) 4 Punish/dismiss culprits 2

GARBAGE DISPOSAL

Poor disposal practices 43 Lack of dumping facilities/space 51 Purchase more containers 51

Poorly managed 30 Negligence/poor planning 45 Proper planning for garbage disposal 41

Lack of dumping facilities 27 Poor or No Maintenance 4 Enforce law to control garbage dumping 6

Covert it into something useful 2

DRAINAGES

Flooding 33 Poor planning/Irresponsible technocrats 33 Construct more drainages 38

Poor disposal practices 29 Poor disposal practices 26 Regular maintenance 26No drainages 17 Poor maintenance 20 Follow standards 23Too narrow and shallow 16 Poor construction 19 Enforce the law 7Use of substandard materials 5 Corruption 2 Cover drainages 5

ENVIRONMENT

Weak enforcement Mechanisms 58 Poor policies 50 Legislate correct policies/laws 47Pollution 29 Poor law enforcement 27 Enforce the law 35Polythene bags 7 Poor sanitation 10 Plant more trees 14

Rampant disease (Malaria) 3 Poor disposal practices 9 Spray swamps and water clogged areas 3

Politicisation of problems 2 Political Meddling by leaders 5 Stop/Condemn political interference 1

Table 4-27 perceived problems by survey respondents

44


4.4 Detailed Profile per Road and DrainA detailed profile is presented for each infrastructure, indicating key social characteristics and the total value of affected land and assets in the ideal scenario—where the infrastructure will be improved and the road reserve acquired as set out in the design. In later sections because of the need to bring down the cost other scenarios are considered.

4.4.1 Mbogo RoadMbogo Road connects Namuwongo Road to Muyenga Road and is strategically serving Muyenga and Kabalagala. It runs through a built up area with industries, schools and fuel stations. Upgrading the road, will affect several high rise buildings and private land.

Table 4-28 Socio-economic Profile for Mbogo RoadCharacteristic status (no. of households)

Number of households surveyed 88

Duration of stay in the area >15 years 23

House hold heads Men

52

Women

21

Occupation of Household head

Private formal 34

Private informal 19

Civil Service 7

Unemployed 9

Main Source of family income

Salary 17

Rental income from affected land 43

Rent from elsewhere 5

Remittances /transfer 5

Means of transport to work Public 11

Private 9

Walk 1

Typical property affected Residential

Utilities Water and Electricity available

Social services Hospital and schools in the vicinity

45


Vulnerable households (FHH <18 or > 60; and unemployed) 11

4.4.2 Kibuli RoadKibuli Road from Press Road to Mbogo Road also traverses through a build up area. Although developments are not major, the compensation for private mailo land will be high. Reducing on the road width will reduce on the land to be acquired, as well as the associated costs.

Table 4-29 Profile for Kibuli RoadCharacteristic status (no. of households)




31

Women

14


Private formal 24

Private informal 9

Civil Service 4

Unemployed 6


Salary 15





Private 9

Walk 3

Typical property affected Residential and commercial




46


4.4.3 Bukoto-Ntinda RoadBukoto-Ntinda Road from Bukoto where the reserve is largely respected narrows towards Ntinda. This area is heavily built up and has several buildings and bill boards within the reserve.

Table 4-30 Profile for Bukoto-NtindaCharacteristic status (no. of households)




54

Women

27


Private formal 57

Private informal 19

Civil Service 4

Unemployed 1


Salary 17





Private 11

Walk 19





47


4.4.4 Bukoto-KisaasiBukoto Kisaasi runs through a built up residential and commercial area, and private mailo land. It intersects with the Northern By-pass, and continues to Kisaasi Town. Even though the property affected by the Northern By-pass has been compensated, acquiring a road reserve will push up costs of land and structures.

Table 4-31 Profile for Bukoto- KisaasiCharacteristic status (no. of households)




51

Women

14


Private formal 25

Private informal 6

Civil Service 15

Unemployed 17


Salary 24





Private 9

Walk 4



Social services Schools in the vicinity


48


4.4.5 Ntinda –KisaasiNtinda-Kisaasi from Ntinda town to Kisaasi, through the Northern by pass also runs through a commercial and residential area. A substantial reserve exists from Ntinda town to the Northern By-pass, but the road narrows after the Northern By-pass, going through mailo land to Kisaasi town. In order to keep the compensation costs down, the road width will have to be reduced.

Table 4-32 Profile for Ntinda-Kisaasi Road

Characteristic status (no. of households)




82

Women

59


Private formal 74

Private informal 39

Civil Service 15

Unemployed 9


Salary 32





Private 22

Walk 22





49


4.4.6 Kalerwe RoadThis road runs through a densely populated area, of a mixture of both formal and informal settlement as well as industry. The land is mainly mailo, and there are several structures within the road reserve, although a portion has been compensated under the Northern By-pass project.

Table 4-33 Profile for Kalerwe Road





172

Women

58


Private formal 118

Private informal 68

Civil Service 24

Unemployed 13


Salary 28





Private 47

Walk 38



Social services Market, Schools in the vicinity


50


4.4.7 Kawempe-Mpererwe RoadThis road runs through a built up commercial and residential area. There are permanent structures extending into the road reserve. The road design will have to be reviewed in order to avoid high cost structures that would otherwise have to be compensated.

Table 4-34 Profile for Kawempe- MpererweCharacteristic status (no. of households)




97

Women

53


Private formal 66

Private informal 51

Civil Service 19

Unemployed 11


Salary 44





Private 21

Walk 35





51


4.4.8 Kimera RoadKimera Road is runs through the busy University area, which is built up with both residential and commercial properties (student hostels). The road is quite narrow with deep side drains.

Table 4-35 Profile for Kimera RoadCharacteristic status (no. of households)




87

Women

33


Private formal 49

Private informal 46

Civil Service 14

Unemployed 09


Salary 19





Private 27

Walk 16





52


4.4.9 Hoima RoadHoima Road from Bakuli Junction to the Nakulabye Roundabout has well defined and respected road reserve. No acquisition will be necessary it this reserve is maintained.

Table 4-36 Profile for Hoima RoadCharacteristic status (no. of households)




51

Women

18


Private formal 39

Private informal 19

Civil Service 8

Unemployed 2


Salary 10





Private 15

Walk 8



Social services Market, Schools and health facilities in the vicinity


4.4.10 Secondary 5This drain is only partly designed, from Kibuli Road through private land across Press Road to Mukwano industries. The undersigned part runs through an informal settlement with houses built right at the channel. Compensation costs will entail the acquisition of land to accommodate the wider channel between Kibuli and Press Roads; buildings and structures at Mukwano industries, as well as those along the undersigned part of the channel from Gaba Road and land from Gaba Road to Kibuli Road which is privately owned.

53


Table 4-37 Profile for Nakivubo Secondary 5 – Kayunga ChannelCharacteristic status (no. of households)




31

Women

14


Private formal 25

Private informal 11

Civil Service 03

Unemployed 01


Salary 23





Private 1

Walk 5

Typical property affected Industrial, Residential informal,




54


4.4.11 Nalukolongo Secondary 2

The new design for this channel endeavours to avoid the numerous structures downstream of Masaka Road, which are right at the banks of the channel. However upstream of Masaka Road are structures in the proposed design and reserve of the channel which will need to be acquired, and will attract high compensation.

Table 4-38 Profile for Secondary 2 Characteristic status (no. of households)




25

Women

15


Private formal 24

Private informal 6

Civil Service 5

Unemployed 5


Salary 9





Private 6

Walk 8



Social services Health facilities, Schools in the vicinity


55


4.4.12 Lubigi ChannelThe drain starts in Kawempe division, through Kawaala which is densely populated by informal settlers upstream of Kawaala Road, to enter the Lubigi swamp near Hoima Road in Rubaga Division. Nsooba, located upstream of Gayaza Road is also thickly occupied with informal settlements.

Table 4-39: Profile for Lubigi Channel


Number of Households surveyed 168



109

Women

57


Private formal 65

Private informal 64

Civil Service 6

Unemployed 16


Salary 59


Rent from elsewhere

Remittances /transfer

Means of transport to work

Public 70

Private 26

Walk 30



Social services Health facilities, Schools in the vicinity


56


5. Valuation and Compensation for lossesThe valuation process began with the assessment of the properties within the marked off corridor followed by computation of the values based on the prevailing market rates for the land and, based on Kampala City Council compensation rates for semi permanent and temporary structures and perennial crops. The assessment was considered the following:

Nature of developments in the marked off corridor The owner of the developments according to the respondent (an adult person on site at

the time of inspection) The market value of land in a specific area (average value of the equivalent of an acre in

that area)5.1.1 Identification of ownersIdentification of the affected plots was based on data portrayed on the existing cadastre sheets. Identification of owners of affected land and developments has been carried out in the following steps:

1. During the sensitisation meetings with the affected communities, representatives of affected families who attended were not disputed by other members.

2. During the socio economic survey, respondents were asked about the ownership of the affected properties. In some instances, copies of the land titles were shown to the consultants.

3. From participation in the compensation of persons affected by the Northern By-Pass Project—which intersects infrastructure under KIIDP; the land surveyor and valuer are able to identify some owners.

4. Strip maps produced from superimposition of the designs on to the cadastre maps (obtained from the KCC land office) provided the block and plot of land to be affected by the planned improvements. A search in the Land Registry would then reveal the registered owner on the specific plots.

On the face of it, the above steps seem sufficient to identify the affected land—but this is not the case, for the following reasons:

1. Experience from the Kampala Northern By-Pass Project reveals that local council officials may connive with individuals within the community to collect compensation from property of an absentee owner or landlord.

2. Copies of land titles shown to the consultants may not be authentic Even in instances where titles are genuine; information many times is outdated, without the subdivisions resulting from selling.

3. The cadastre maps are really old. Plot numbers in some cases are illegible. When a plot number is misread, the registered owner will be wrong, although the size of affected land and description of developments—and their values are correct.

4. In other cases, many plots can not be located on the cadastre because the sheets are frayed at the edges. In these cases the titles of neighbouring plots have been used to “re-construct” the cadastre and the reliability of this depends on the how recent the title was obtained.

5. According to the records in the District Survey Office, in cases where plots have been sub-divided into very small parcels, (at a scale of 1:2500), the plot is re-drawn as an “inset” at a larger scale. These insets may not be detected at this stage because the

57


process is still on-going. Registered owners can however be identified when they present a certified copy of the land title during compensation.

6. In many cases, the “white page” onto which the owner is recorded is misplaced in the land registry. These have been marked XXXX on the list.

5.1.2 Poor state of the land registryNumerous studies aimed at improving land tenure systems and administration in Uganda concur on the following issues7;

1. Land records are important for economic development

2. Land records are in a poor physical state. Deterioration needs to be stemmed and existing records restored.

Destruction of documents continues as a result of the following;

1. Weather—leaking roofs

2. Insufficient storage space—paper is torn because it is crammed into small pigeon holes, is poorly bound or dumped onto the floor

3. There is poor control of access to the registry

4. Appropriate staff with the requisite skills and knowledge to keep the archives in order and deliver services to the public has not been recruited.

For purposes of this Resettlement Action Plan, it is clear that the verification process is a continuous process. Even though land transactions will reduce after disclosure, the records in this report are seen as a start. Gaps will be filled after disclosure. Before any payment, diligent assessment of ownership will be carried out. Documents including legal tittles, sales agreements and information from local leaders, elders and other residents will be used to confirm ownership.

5.1.3 Valuation Results-Scenario 1The Table below sets out the values assessed for all properties in the project area-- the ideal scenario, termed Scenario 1, — where the infrastructure will be improved and the reserves acquired as set out in KCC’s original designs. In this case all infrastructure reserves would be acquired by KCC where they are missing. This is necessary to discourage encroachment and provide space for possible future widening. Total value is US Dollars Six Million Two Hundred Twenty Two Thousand Eight Hundred and Five. Details showing specific developments and land assessed are in Volume II of this report. However the number of properties affected and the corresponding total value are high. In Chapter Six, a different scenario to reduce this to an acceptable impact and cost is discussed.

7 (Osterberg, 2003) Technical Audit on current initiatives and proposals for securing land registry records in Uganda, SWEDESURVEY

58


Table 5-40 Values Assessed Along Infrastructure Based on KCC’s Original Designs – Scenario 1.

1 2 3 4 5 6 7Infrastructure Value of land

in existing road

value of additional

land required

Value of development

s

Value of Crops

Disturbance allowance8

Total compensation

Roads for Maintenance

Bukoto-Ntinda Road 14,840,000 148,400,000 232,111,200 0 59,302,680 454,653,880Hoima Road 0 0 0 0 0 0Kibuli Road 13,350,000 133,500,000 35,668,750 31,000 27,382,463 209,932,213

Kisugu Rd 0 0 0 0 0 0Mbogo Road 44,490,000 222,300,000 17,607,000 0 42,659,550 327,056,550

Namuwongo Rd 0 0 0 0 0 0Ntinda-Kisaasi Road 108,355,000 387,950,000 843,030,300 518,000 200,977,995 1,540,831,295

Roads for upgradingBukoto-Kisaasi Road 31,120,000 379,800,000 15,167,000 972,000 64,058,850 491,117,850Kalerwe –Tula Road 39,582,000 721,564,750 70,153,000 212,000 124,726,763 956,238,513Kawempe-Mpererwe

Road 75,612,000 638,214,000 28,043,700 0 111,280,455 853,150,155

Kimera Road 39,540,000 197,600,000 293,360,000 0 79,575,000 610,075,000St. Barnabas Road 55,780,000 164,000,000 22,017,500 200,000 36,299,625 278,297,125

DrainagesLubigi 944,350,000 1,163,800,000 0 316,177,500 2,424,327,500

Secondary 2- Nateete 222,375,000 190,000,000 0 61,856,250 474,231,250Secondary 5- Kayunga 179,150,000 190,000,000 0 55,372,500 424,522,500

Secondary 6 59,280,000 0 0 8,892,000 68,172,000Secondary 7- Katwe 148,240,000 7,000,000 0 23,286,000 178,526,000

Traffic Improvements Bakuli Junction 0 0 0 0 0Bwaise Junction 1,074,000,00

00 644,414,500 0 259,262,175 1,977,676,675

Lubaga –Hoima Rd gyratory

0 0 0 0 0

Pioneer mall junction 0 0 0 0 0Pride theatre junction 1,500,000 225,000 1,725,000Station area gyratory 0 0 0 0 0

MarketsKawempe Market 0 76,800,000 0 0 76,800,000

Kibuli Market 0 40,400,000 0 0 40,400,000Total (Uganda

Shillings)1,496,669,00

04,546,723,75

03,871,072,950 1,933,00

01,471,334,80

611,387,733,50

6

8 This value is 15% of the total value of properties.

59


The toal compensation amount for this scenario is Shs 11,387,733,508/- equivalent to US $ 6,222,805 at an exchange rate of US $ 1 = Shs 1830/-.

60


6. Resettlement Action Plan

6.1 Objectives of the Resettlement Plan

The main objectives of the resettlement Action plan are to:

1. Document the profile of the affected entities and businesses and show cause for, and ways of resettlement.

2. Outline resettlement measures, compensation packages, implementation plan required inputs, for persons communities and businesses who will be affected

3. Indicate monitoring and evaluation of activities and welfare of the persons, and businesses communities.

The RAP will minimize negative impacts on affected persons whilst preventing high compensation costs by taking the minimum land required for the infrastructure improvements. In cases where compensation is unavoidable, compensation packages to affected persons will be able replace land developments and provide for disruption of livelihoods thereby minimizing negative impacts. Even with adequate and timely compensation, there can still be negative impacts based on the post-resettlement actions of the affected persons that will require monitoring which may lead to changes in approach.

6.2 Legal Framework of Resettlement and Compensation6.2.1 Relevant national law and agenciesNational policies are driving much of the institutional change in Uganda at present; they dictate target setting, funding mechanisms and standards for increased service delivery by KCC. They have been used to identify key stakeholders and to provide the basis for the proposed institutional framework for the implementation of the RAP. Relevant laws are presented in the table below.

Table 6-41 Laws relevant to the projectRelevant Laws

Constitution of the Republic of Uganda, 1995.

The Town and Country Planning Act, 1964

World Bank OP 4.12 The Land Regulations, 2004

Land Act 1998 The National Environmental Management Act 1997

Land (Amendment) Act, 2004 The Survey Act 1974The Land Acquisition Act 1964 The Roads Act 1964

61


6.2.2 Kampala City CouncilKCC and her five Divisions under decentralization represent Government and are constitutionally mandated to acquire privately owned land in public interest provided that fair and adequate compensation is paid to the affected persons.

Article 26(2) of the Constitution provides that: “No person shall be compulsorily deprived of property or any interests in or any right over property of any description except where the following conditions are satisfied.

(a) The taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health and

(b) The compulsory taking of possession or acquisition of property is made under a law which makes provision for:

(i) Prompt payment of fair and adequate compensation, prior to the taking or acquisition of the property, and

(ii) A right of access to a court of law by any person who has an interest or right over the property.

Article 237 (2) (a) further notes that: “the Government or a local government may subject to article 26 of this constitution, acquire land in the public interest, and the conditions governing such acquisition shall be as prescribed by Parliament. Section 42 of the Land Act also notes that, “the Government or a local government may acquire land in accordance with articles 26 and 237 (2) of the Constitution”.

6.2.3 Directorate of Community ServicesThe Directorate of Community Services of KCC is responsible for community mobilisation and sensitisation to empower communities to participate in the city’s development programs. All resettlement issues that will require engagement with the affected population can best be carried out by staff in this directorate, because their mandate is closely related, and they are knowledgeable about the city’s community structures from their day to day work.

6.2.4 Minister of Water, Lands and EnvironmentSection 2 (1) of the Land Acquisition Act 1964 states:

“In order to ascertain the suitability of any land for a public purpose, any person authorized by the Minister may enter upon the land and;

(a) Survey the land. (b) Dig or bore into the subsoil and remove sample, and (c) Do any other thing necessary for ascertaining its suitability for that purpose.

(2) The Government shall pay compensation to any person who suffers damage as a result of the exercise of the powers conferred by subsection …. The Minister appoints specific officers to enter upon the land to survey and ascertain suitability. He also declares a chunk of land as suitable for public purpose through a statutory instrumental (section 391 of the Land Acquisition Act.)”

This is particularly relevant in the case of defining reserves for roads and drainage for infrastructure going through private land. Unless the land for the reserves is acquired through a

62


statutory instrument, KCC cannot simply acquire it, and would be liable to answer to trespass claims if the owner chooses to sue in court.

6.2.5 Attorney GeneralSection 2 (3) of the Land Acquisition Act states that, any dispute as to the compensation payable under this section shall be referred by the Attorney General to the court for decision. Displaced persons not satisfied with the amount given in compensation have to raise the complaint with the Attorney General, who on failure to settle refers it to the courts.

6.2.6 Chief Government ValuerAlso known as the Assessment Officer, Section 4 of Land Acquisition Act allows the Chief Government Valuer (CGV) to mark out and measure and draw a plan of the land. Section 5 of the same Act mandates the same officer to publish a notice in the gazette that such land is going to be re-possessed by Government and claims for compensation be made. The CGV addresses claims of compensation raised by affected persons on land and other assets.

6.2.7 Uganda Land CommissionLand rights interests in compulsorily acquired land are specifically vested in the Uganda Land Commission. Section 7 (2) of the Land Acquisition Act states that: “where the assessment officer takes possession of land, the land shall immediately by the operation of this act be vested in the land commission free from all encumbrances.”

Section 49 of the Land Act 2004 as amended specifically under sub sections (a) and (d) confirms that—“the Uganda Land Commission shall hold and manage any land in Uganda which is vested in or acquired by the government in accordance with the constitution and perform such other functions as may be prescribed by or under this Act or any other enactment.”

6.2.8 District Land BoardThe District Land Board (DLB) manages all the land vested in the District Authorities. Kampala and the five divisions covered in this assignment constitute Kampala District. Section 56(1) of the Land Act as amended provides that there shall be for each district a land board. Section 60 (2) of the Land Act states that a board shall have power to acquire by purchase or otherwise rights or interest in Land and easements.

6.2.9 Town and Country Planning Board (1964)This Act consolidates the provisions for orderly and progressive development of land, towns and other areas whether rural or urban. It establishes a town and country planning board that has the powers to declare recommendation of a local authority to prepare a structured plan indicating land use, development proposals and policies.

The Board plays a key role in advising district authorities in the compulsory acquisition of land. Under section 16 of the Town and Country Planning Act, an authority acting on advice of the Board may acquire any land in a planning area of for roads, open spaces, gardens, schools, markets etc. Such land is deemed to be acquired for a public purpose and is transferred to the local authority.

63


6.2.10 The 1995 Constitution of UgandaThe Constitution is the supreme law from which the land legislations in Uganda also derive. The Constitution provided for the enactment of a law that would make more elaborate dispensations concerning land ownership and the system of decentralized land administration introduced under it. It provides procedures to follow during acquisition of land in public interest, and specifically provides for the “prompt payment of fair and adequate compensation” prior to taking possession of land. It should however be noted that the Constitution does not make resettlement a right.

The 1995 Constitution re-established the four private land tenure systems—customary, freehold, mailo and lease hold (which except leasehold had previously been abolished under the Land Reform Decree of 1975). It divested the state and the Uganda Land Commission of radical title to the land that was expropriated in 1975, and vested this directly in the citizens of Uganda. Article 237 (1) of the Constitution vests all land in Uganda in the citizens of Uganda. Under Article 237 (1) (a), the Government or Local Government may acquire land in 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.

6.2.11 The Land Act 1998The Land Act was enacted as a constitutional requirement, it provides for tenure, ownership and management of land; to amend and consolidate the law relating to tenure, ownership, and management of land and to provide for other related or incidental matters.

In correspondence to the Constitution 1995, the Land Act 1998 vests all land in Uganda in the citizenry and enumerates four tenure systems( customary, freehold, mailo and leasehold) as the forms of ownership of land in Uganda. The Act gives the incidents of the respective tenures. It provides for the acquisition of land by Government, and the control of land use, whereby the Public Trust Doctrine is incorporated.

The Act seeks to protect the land rights of vulnerable groups: women, children, and persons with disabilities. It further provides for the security of tenure to customary land owners, elevating customary tenure to freehold, in practice. The mailo tenants, as well as those occupants on registered land, who had settled on the land for twelve years prior to the Constitution, were also accorded the status of lawful and bonafide occupants, respectively and thus given security of tenure.

Finally, the Land Act established a decentralized system of land administration in correspondence to decentralization of general governance to the districts under the Local Governments Act, 1997. It established a district land tribunal, with corresponding institutions down to the parish or the LC II levels. Section 43 of the Land Act empowers Central or Local Government to acquire land compulsorily in accordance with Articles 26(2) and 237 of the Constitution.

6.2.12 The Land Act of 1998 as amended in 2004

The Land (Amendment) Act was enacted to effect certain changes in land administration, and to streamline the restrictions on the transfer of family land. Removed in the amendment were Parish Land Committees, established in the Land Act 1998 and replaced with Sub-county based Land Committees (Area Land Committees).

64


The Land Tribunal system to operate only at District level was retained. The Land (Amendment) Act also reinstates the LC Courts as courts to handle land disputes under customary tenure starting with the LC II. It establishes the position of the Registrar of District Land Tribunals who coordinates and monitors the activities of the district land tribunals. Further the act provides for functions of the District Council in the establishment of Area Land Committees; the remuneration of the Land Board members out of the Consolidated Fund; and gives certain powers to the Commissioner for Land Registration in relation to land transactions.

Under the Act, a developer is required to enter into mutual agreement with the occupier or owner of the land upon payment of compensation. Section 77 of the Act gives valuation principles for compensation i.e. compensation rates to be yearly approved by the DLBs. Value for customary land is open market value, buildings on land is taken to be on replacement costs in rural areas, 15% and 30% (of total sum assessed) disturbance allowance is to be paid if less than six months or six months notice respectively is given up to vacant possession.

The Act also provides that, the District Land Tribunals have power to determine or resolve any disputes arising out of compensation for land. Section 42 of the Act allows Government or a local government to compulsorily acquire land in accordance with Articles 26 and 237 (2) of the Constitution. The Land Act provides for acquisition of land or rights of use of land for execution of public works. Section 74 of the Land Act provides for acquisition of land for execution of public works. Where it is necessary to execute any public works on any land, an authorised undertaker should seek mutual agreement with the occupier or owner of the land, and if no agreement is reached, the Minister responsible for land may compulsorily acquire the land.6.2.13 The Land Acquisition Act of 1965

This Act makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. Section 2 (1) of the Land Acquisition Act states that the Minister responsible for land may authorise 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 is supposed to pay compensation to any person who suffers damage as a result of any action. Under Section 2 (3) of the Act, any dispute as to the compensation payable is to be referred by the Attorney General to 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/adequately compensated, then the obligations stop there. The Government through the Ministry of Lands, Water and Environment will pay the compensation to the affected persons. There is no requirement or provision in law that people need to be moved or that alternative land is made available or bought. Each affected person entitled to be compensated; on receipt of his/her compensation is expected to move and has no further claim. Section 7 (2) of the Land Acquisition Act states that where the assessment officer takes possession of the land, the land shall immediately by the operation of this Act vest in the land commission free from all encumbrances. 6.2.14 The Roads Act of 1964

The Roads Act of 1964 is another important statute that operates with regard to implementation of road projects. It defines a road reserve as that area bounded by imaginary lines parallel to and

65


not more than fifty feet distant from the centre line of any road and declared to be a road reserve. Under the Act, no person is allowed to erect any building or plant trees or permanent crops within the road reserve. It also allows the road authorities to dig and take materials from the road reserve for the construction and maintenance of roads.

The Act allows the Minister or with his consent, a District Commissioner 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 :

o To pull down or remove the building or erection; or

o To cut down or uproot the trees or crops: or

o 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. In practice however the law is not followed strictly; people have been compensated for developments within this strip of land and will continue to be compensated in these road projects.6.2.15 World Bank Group Safeguard Policies and Guidelines

The World Bank’s Policy on Involuntary Resettlement (OP/BP/ 4.12), requires that displaced persons be compensated at full replacement cost, assisted with relocation/resettlement and during the transition period. The developer should be encouraged to offer replacement land rather than cash compensation when there residual land holdings are not economically viable. The policy also states that compensation must be made for any assets that are affected or acquired as well as provide assistance for any impact on livelihood so that those impacted are able to maintain or improve their standard of living.

6.3 Resettlement measureThe social economic survey revealed that the majority of respondents prefer fair adequate and prompt compensation. This will be the main resettlement measure for this RAP.

From the on-going Northern By-pass project and from other projects implemented by the Ministry of Works, Housing, Transport and Communications, compensation is the common method of resettlement, but must be applied to ensure sustainable equivalent or better living conditions for the affected individuals. The decision on a particular mode of resettlement should be solely by the affected individuals and families. KCC will have to provide education to the affected population about their rights in recognition of the fact that the power of eminent domain lies with the people.

66


6.4 Eligibility and Cut-Off DatesThe following categories of stakeholders are eligible for payment of compensation, based on the Land Act, 1998 and the World Bank OP 4. 12

1. Registered land owners with either leasehold or private mailo land titles.

2. Bonafide occupants— persons sitting on registered land, having been settled by government or its agents and those having settled on the land twelve years or more before 1995 (the date of the Constitution) without interference by the registered owner (also recognised as having interest on that land).

3. Lawful occupants—person who came onto the registered land with the permission of the registered owner (according to the Ugandan law).

4. Licensees—those without legal claim to the land but with permission from the land owner to carry out activities on the land (kiosks, growing seasonal crops).

5. Squatters—those using the land without the permission of the landowner, regardless of duration of stay, and have no legal nor traditionally recognised claim to the land.

The cut- off date is April 15th 2006, the day collection and verification of baseline socio-economic information were completed. Affected persons have been informed that any developments after the date of referencing the property and baseline socio-economic survey will not be eligible for compensation. The cut-off date will be followed by the legally binding disclosure exercise where affected persons, land parcels and developments will be displayed at the division headquarters.

6.4.1 Squatters and rentersNational law does not recognise the eligibility for compensation of renters (people who rent property), squatters (unlawful tenants) and residents or users on land, such as road reserves, gazetted prior to their occupancy. According to Ugandan law, squatters who have settled on private land can not be compensated if the duration of their stay is less than 15 years or if they have ignored calls to leave a parcel of land even though the duration of their stay is more than 15 years. However World Bank policy requires compenstation regardless of duration of stay. They have been included in the eligibility list based on the World Bank’s OP 4.12, through which their developments on private land and disruption to livelihood can be compensated. The precedence set has to be seriously weighed against the implications for future activities of this project and others in which land acquisition is involved particularly in the case where land had already been earmarked for a specific purpose prior to the occupancy.

6.4.2 Land transactions

In attempt to gauge the level of land markets in the areas of interest, the social economic census found that only 4 % had sold part of that land in the previous three months. This proportion will also be eligible for compensation upon presentation of the sales agreement dated before the census on the respective road and/or drainage and, in any case not later than April 15, 2006.6.4.3 Non measurable lossesFor compensation only, the World Bank OP 4.12 is a sufficient guide to ensure that the prevailing conditions of the affected population are maintained. However other losses are more difficult to measure using the conventional valuation methods, such as loss of family links, social associations and tradition. This is a major difficulty emerging from the initial interactions with the

67


affected communities. Their perspective is that minimizing compensation costs is an unfair premise (see box). The Consultant has advised the Client on areas where compensation costs could be minimised. But by avoiding high costs, the Client affects the poorer or smaller entities whose livelihoods are more vulnerable to shocks such as involuntary resettlement.

Text Box 6-3 Some Unhappy Voices

The Consultant has included a cost for non-measurable loses in the valuation. Loss of physical assets as well as an additional 15% for the non-measurable losses/disturbance has been considered, resulting in the total assessed value of the compensation, so that the individual or family is able to re-enter the real estate market favourably. This will ensure that the smaller and poorer individuals, businesses or families have a realistic possibility to replace their losses.

6.5 Community Participation6.5.1 Transparency is crucial

Affected people were of the view that when planning such projects they should be involved right from inception so that their input is incorporated. The property owners need to be assured that adequate and prompt compensation will be made before the commencement of the proposed improvements/works. Some people were not satisfied to see that the improvements did not affect their property equally. According to the designs, the areas to be acquired on either side of the roads are not equal. They suspect that there was foul play in deciding which property should be affected. The Consultant held special discussions with specific groups voicing dissatisfaction. The team explained that the basis for land acquisition—providing examples from the on-going Northern By-Pass, and assured the people of prompt and adequate compensation. Minutes of these meetings are attached to this report as Annex 3.

6.5.2 Anxiety related to overlapping interests over the same piece on Land

Documentation on issues related to land is a source of anxiety for the individuals and families that will be affected. The root of this is that compensation has previously neither been adequate nor prompt. Examples were quoted from experiences from similar projects in the past such as the Northern by- Pass where valuation and compensation were far apart. Related to this is the uncertainty on the part of those having secondary interests— such as tenants on registered land. While the registered owner has the overriding interests, the Land Act 98 also affirms tenancy interests. In cases where the registered owner willingly sold to another, the rights are clear. There are however, people who, through various means, entered on registered land with the

“I grew up in Kibuli and have memories of my childhood, playing in the large compound of our house. But every time there is need for land to develop or improve the road, it is removed from our plot because the neighbours on the opposite side have more permanent structures”—Amina Musa; Vice Chairperson LC 1 Kelezia Zone, Mbogo Rd

“Is it fair that you will hardly take land from International Hospital which is not even five years old yet land is always removed from our side, we who have been in this place longer?”—Ayub Ahmed Lotori affected resident (family) on St Barnabas Rd

68


consent of the registered owner. The Consultant had to provide detailed explanations of the two types of tenancy (lawful and bonafide) before some respondents could pinpoint their status on the land (see also Annex 3 –Sensitisation meetings).

Another source of anxiety was related to land transmission processes where it was found that there can be three legitimate owners to a parcel of land formerly registered under their parents but never updated to reflect the heirs. Although steps to correct such a situation were explained, during meetings with the affected persons, the consultant expects that there will be other issues to be dealt with because of the uniqueness of the issues on different pieces of land. A resettlement desk proposed in the institutional framework for this project shall have the remit to deal with these issues.

6.5.3 Engage with affected populationLand acquisition (in this context) and involuntary resettlement are basically social processes, and therefore continued consultation with the affected population is critical to the successful implementation of the project. For the duration of the assignment, the Consultant has held meetings to motivate the community to participate in preparation activities and to disseminate the KIID project, to promote the positive impacts, clarify resettlement issues and to document stakeholders’ issues. A mechanism to continuously capture the input of the affected population (beyond this consultancy) should be established to create and sustain demand for the project whilst minimising the impact on affected persons by dealing with issues close to their hearts—offering advice on the regularisation of ownership and documentation as an example.

It is recommended that the Client continues this dialogue both through the public media and where feasible, using the different forums existing at community levels. For example, the Parish Development Committees (PDC), which will, continually up-date the public of the different stages of the project implementation and there after seek their views. Such endeavour will forestall anxiety while promoting cooperation particularly among the land owners.

It is also recommended to offer land related services such as updating both the cadastre and the register which will ease the process of compensation to those in collective ownership. This can be done through cost sharing whereby the owners can contribute towards the mutation process while the Client undertakes to secure the separate titles for those in collective ownership

6.5.4 Strengthen Directorate of Community Services within KCCThe Directorate of Community Services works with the community directly through its staff and indirectly by assisting other KCC directorates to engage the community—for instance if the directorate of health and environment wants to mobilise communities on maintenance of drains, staff from the Community Services Directorate are more suited to mobilise the population. Likewise, the NGOs and other external groups (consultants and researchers) demand time inputs from these staff. Gender issues which cut across all directorates, for activities within KCC and out in the community, are handled by Community Services. It is within this context that the Resettlement Action Plan tasks will be added to this directorate.

With only eight staff, at both headquarter and in the divisions, the overall workload will not be adequately attended to. Kawempe and Makindye divisions have only one staff each to deal with

69


division wide community issues unlike Rubaga, Central and Nakawa which all have two, to divide the work load. The directorate thus need to be strengthened in oreder to adequately handle implantation of the RAP.

Options to strengthen the directorate will include:

i) Re-assign the two staff from Central and Nakawa divisions, which have few RAP issues, to Kawempe and Makindye divisions which have the highest amount of of RAP issues,

ii) Implement RAP activities on a division by division basis, and reassign the two staff from Central and Nakawa divisions always to the division where RAP implantation is ongoing,

iii) In addition to i) or ii) above, outsource clerical and administrative assignments during peak periods of implementation and/or employ short term staff as necessary.

6.6 Alternatives to achieve Acceptable Impact and Cost (Scenario 2)Table 5.1 presents the assessed values in the ideal situation, based on KCC’s original designs — which was considered as Scenario 1. As earlier stated, this level of impact and cost are not acceptable. An additional scenario was considered.

6.6.1 Maintenance of Bitumen roadsMaintenance of infrastructure will not require additional land. Thus this will not lead to resettlement regardless of whether the land occupied by the infrastructure was acquired (by KCC) or not. Also roads for upgrading can be constructed with a smaller reserve to affect fewer entities without reducing the effectiveness of the design. The difference between Scenario 1 and this scenario are:

a. No land is acquired for the Bitumen Roads whose improvement strategy is maintenance such as Hoima Road, Kisugu Road, and Namuwongo Road.

b. Bitumen roads for maintenance including Hoima Rd, Kisugu Rd and Namuwongo Rd will be improved in their current dimensions. Foot paths will be constructed over the drainage channels to optimise available land.

6.6.2 Limit road reserve Roads for upgrading from gravel to bitumen will, where possible, be limited to 15 metres width as minimum standard. 6.6.3 Design review at Bwaise JunctionThe proposed design at Bwaise junction affects major buildings, hence the high compensation cost. The design of the junction has been reviewed and a modified design will be prepared to reduce impacts. Based on this the compensation cost can be brought down further. For instance Bilal Islamic School can easily be avoided.

6.6.4 Design Review of Kimera RoadKimera Road is located near Makerere University. There are a number of lucrative student hostels located within the designed road width, which puts a premium on the land to be acquired. Acquisition of the additional land required as per the current design is very costly, accompanied by the resulting displacement and shocks to the hostel business. In this and other such cases, the design will be prepared to fit the project works within the identified corridor.

70


6.6.5 Reconstruction of Minor/Peripheral DevelopmentsTo further bring down the compensation costs, it is cheaper to reconstruct minor/peripheral developments such as boundary walls, hedges and billboards, in lue of monetary compensetion. These will be reconstructed out of the determined infrastructure reserves. The cost cost will be provided for in the works contracts for the planned infrastructure.

6.6.6 Land within the road reservesDevelopments within the road reserve have to be compensated. Small strips of land (0.5-1m width) occupied by the existing road and its reserve are part of the road reserve as per the Roads Act of 1964, without affecting the usability and value of the rest of the land. The cost of implementing the RAP is then further reduced for:

i) land already occupied by the current road and ii) the additional strips of land required to obtain the new road width.

However, even in this case developments such as buildings would have to be compensated or reconstructed in the case of boundary walls and other similar peripheral structures.

6.6.7 Harvest of perennial cropsIn order to reduce compensation for crops, KCC should consider the possibility of allowing the licensees to harvest from the existing crop and not planting anymore. Licensees as explained earlier, only plant non-perennial crops and their interest on the land they utilise is always temporary.

The table below. presents computations of compensation cost based on the above considerations.

71


Table 6-42 Compensation Values based on Scenario 2

1 2 3 4 5Infrastructure Value of additional

land requiredValue of

developments Disturbance Allowance

Total compensation

Roads for Maintenance 0 0 0Bukoto-Ntinda Road 0 0 0 0

Hoima Road 0 0 0 0Kibuli Road 0 0 0 0

Kisugu Rd 0 0 0 0Mbogo Road 0 0 0 0

Namuwongo Rd 0 0 0 0Ntinda-Kisaasi Road 0 0 0 0

Roads for upgrading 0 0 0 Bukoto-Kisaasi Road 0 2,750,000 412,500 3,162,500Kalerwe –Tula Road 0 41,897,750 6,284,663 48,182,413

Kawempe-Mpererwe Road 0 18,143,700 2,721,555 20,865,2550 0 0

Kimera Road 0 0 0 0St. Barnabas Road 0 9,990,000 1,498,500 11,488,500

Drainages 0 0 0Lubigi 944,350,000 1,163,500,000 316,177,500 2,424,027,500

Secondary 2- Nateete 222,375,000 190,000,000 61,856,250 474,231,250Secondary 5- Kayunga 179,150,000 190,000,000 55,372,500 424,522,500

Secondary 6 59,280,000 0 8,892,000 68,172,000Secondary 7- Katwe 148,240,000 7,000,000 23,286,000 178,526,000

Traffic Improvements 0 0 0 Bakuli Junction 0 0 0 0Bwaise Junction 0 307,689,500 46,153,425 353,842,925

Lubaga –Hoima Rd gyratory 0 0 0 0Pioneer mall junction 0 0 0 0Pride theatre junction 0 0 0 0Station area gyratory 0 0 0 0

Markets 0 0 0Kawempe Market 0 76,800,000 0 76,800,000

Kibuli Market 0 40,400,000 0 40,400,000Total (Uganda Shillings) 1,553,395,000 2,048,170,950 522,654,893 4,124,220,843

72


The toal compensation amount for this scenario is Shs 4,124,220,843/- equivalent to US $ 2,253,673 at an exchange rate of US $ 1 = Shs 1830/-.

6.6.8 Impact under Scenario 2Under this scenario, 415 entities ( households, individuals and businesses) will be affected. Most of the entities impacted will have boundary walls, and gardens affected. This is considered to be minor. The biggest impact will be on those entities which have to relocate which are 141. Depending on the site conditions, some may choose to relocate on the same plot, whilst others may choose a completely new site. Associated costs (additional 15% on value of property) for both cases have been included in the resettlement/compensetion cost. The Table below provides the details per infrastructure per category (residential/commercial).

Table 0-43 Effect of Scenario 2

InfrastructureEntities affected

Entities to Relocate

Residential Commercial Other Total

Roads for upgrading

Bukoto-Kisasi Road 52 0 1 1 (Graves) 2

Kalerwe-Tula Road 90 3 5 0 8Kawempe-Mpererwe Road 67 2 7 0 9Kimera road 4 0 0 0 0St.Barnabas Road 36 0 1 0 1DrainagesLubigi 107 78 13 0 91Secondary 2-Nateete 16 4 12 16Secondary 5-Kayunga 4 0Secondary 6 0 0Secondary 7-Katwe 0 0Traffic ImprovementsBwaise Junction 38 0 14 0 14Pride Theatre Junction 1 0 0 0 0Total 415 87 53 1 141

6.6.9 ConclusionsThis RAP has developed 2 possible scenarios and in consultation with the client, the Consultant has concluded that scenario 2 is the most viable, and will be used in the implementation for three basic reasons including:

i) it has the least negative impact on the affected communities

ii) it fits in with previous practices in infrastructure maintenance and upgrading by the Client

iii) It has the least compensation cost to the Client

73


For maximum cooperation from the affected communities, it is recommended that the Client builds the efforts started by this Consultancy to continue this snsitisation through community meetings, public media and where feasible, using other forums existing at community level.

74


6.7 Timetable and budgetPhysical works should only begin on infrastructure where compensation has been completed. Based on experience from the Northern bypass project, about 15% of the land to be acquired may be settled in court. Budgets for leagal services in court settlements (1% of total compensation), Technical assistance (5% of total compensation) and capacity building for the implementing agency (5% of total compensation) have been provided. Compensation will be funded by the Government of Uganda through the Ministry of Finance, the Ministry of Local Government and from KCC’s own resources. Costs for capacity building, technical assistance and legal services will be funded by IDA. The overall budget for implementing the RAP is presented below.

Table 0-44 Preliminary Cost Estimates for Implementing Scenario 2 of the RAP

1 34 6 8

Funding Source

Infrastructure Value of additional land required

Value of developments

Disturbance Allowance

Total Compensation

Bukoto-Kisasi Road - 2,750,000 412,500 3,162,500 Kalerwe-Tula Road 41,897,750 6,284,663 48,182,413

Kawempe-Mpererwe Road - 18,143,700 2,721,555 20,865,255 Kimera road - - - 0

St.Barnabas Road - 9,990,000 1,498,500 11,488,500 Lubigi 944,350,000 1,163,500,000 316,177,500 2,424,027,500

Secondary 2-Nateete 222,375,000 190,000,000 61,856,250 474,231,250Secondary 5-Kayunga 179,150,000 190,000,000 55,372,500 424,522,500

Secondary 6-Gapco 59,280,000 - 8,892,000 68,172,000Secondary 7-Katwe 148,240,000 7,000,000 23,286,000 178,526,000

Traffic Improvements 0Bwaise Junction - 412,427,000 61,864,050 474,291,050

Pride Theatre Junction - - - 0 Kawempe Market - 76,800,000 - 76,800,000

Kibuli Market 40,400,000 40,400,000

Sub-Total 1 1,553,395,000 2,048,170,950 522,654,893 4,124,220,843 GoU/KCC0

2. Technical Assistance (5% of Sub-Total 1) 206211042 IDA0

3. Capacity Building (5% of Sub-Total 1) 206211042 IDA0

4. Legal Aspects (1% of Sub-Total 1) 41242208 IDA

Grand Total (Uganda Shillings) 4,577,885,135

Grand Total (US Dollars) 2,501,577

75


Total Budget for implementation of the RAP is (Shs 4,577,885,135) Uganda Shillings four billion, five hundred seventy seven million, eight hundred eighty five thousand one hundred thirty five, which is equivalent to (US $ 2,501,577) United States Dollars Two Million, Five Hundred and One Thousand, Five Hundred Seventy Seven, at an exchange rate of US $ 1 = Shs 1830/-

6.7.1 Grievance ProceduresIn Uganda, there is no resettlement policy that relates to land acquisition which would have set out procedures for addressing grievances. Based on experience from the Kampala Northern By-Pass Project, the following entities will play key roles in the grievance settlement.

1. The Resettlement Officers (RO), at the central and division levels

2. The KCC Principal Valuer (PV)

3. The District Land Tribunal (DLT)

4. The Chief Government Valuer and the

5. High Court

A three stage procedure is proposed which will be communicated at disclosure of the planned developments. A resettlement desk has been proposed in the institutional framework to engage directly with the complaints from the affected persons which will be received throughout project implementation. The desk will act upon a complaint within a thirty day period, after which or on failure to resolve the complaint will forward the same to the KCC Headquaters. The detailes of the stages are here below..

1. The division is the first point of call where a complaint will be recorded, and:

Dealt with by the RO—explaining the basis for valuation and compensation

Forward complaints that can not be resolved at the division to City Hall.

In both cases, the record shall be on appropriately designed standard form filled with the assistance of the resettlement officer and signed by the complainant.

2. Throughout the project implementation period, KCC headquarter (City Hall) will receive complaints from the division, and these shall be dealt with in a similar manner by the resettlement officer and the Principal Valuer—RO and PV to provide more professional explanation about the basis of valuation and compensation in consultation with KCC and the Consultant. At this stage, complaints will be clustered into major categories to be responded to by KCC, within a period not exceeding fourteen days after the thirty day period from receipt of the complaints by the division. Response by KCC will be in the form of written letters to affected individuals, and public announcements. KCC will dialogue with complainants who are still dissatisfied and offer the following options:

To choose from a list of certified valuation surveyors a valuer to re-value their property. The valuer chosen (by at least 60% of the complainants) will offer services procured by the district land tribunal, and paid for by KCC.

To propose independent valuers to be paid for by the complainant.

76


Estimates from the valuation exercises will be presented and defended by the respective valuers (KCC’s and the Complainant’s) in a session of the district land tribunal. On the one hand the Chief Government Valuer will defend the initial value—on behalf of KCC and government, whilst on the other, the complainants’ valuer justifies their estimate. The DLT will make a decision on the value to be compensated upon which KCC will make arrangements for further payment to the complainant. KCC will meet the costs of the DLT activities under this project.

3. If the complainant is not satisfied with the decision of the DLT (which is an equivalent to a magistrates court), they can appeal to the High Court.

6.7.2 Integration into host population and effect of resettlement on the environmentNo specific activities are planned to integrate displaced persons into host populations and therefore no specific sites have been selected for relocation, for the following reasons:

Out of the 415 properties affected, only 141 will have to relocated on the same piece of land or a new one else where, as they may choose. It is assumed that they will move on the basis of preference and no special intervention is required for this, apart from the additional 15% disturbance allowance, as earlier described in Section 6.6.8.

The census revealed that the main reason people move is in search of economic opportunities that will improve their financial situation. This is an “environment” that can not be created under this project. Individuals will have personal reasons for choosing specific economic activities to engage in within the area or in other parts of the city. Where they will go, and when will vary.

Compensation is adequate to ensure that displaced persons will be able to replace lost assets in the market.

There are minimal entities to re-locate and therefore no significant impact on the environment is anticipated as a result of the proposed resettlement activities.

6.8 Organisational ResponsibilitiesThe institutional framework to implement the project is proposed as follows:

a) Kampala City Council (KCC) through the Directorate of Community Services should manage the whole resettlement process. The Principal valuer, in the Directorate of Finance should provide technical support on compensation issues. These directorates and others to be involved in the resettlement implementation should be assisted to prepare and carry out their respective tasks.

b) Resettlement desks should be established within the KCC and its decentralised structure to be staffed by experienced sociologists from the directorate of gender and community development to endorse criteria and mechanisms to implement the plan and to interface with the affected population.

c) For compensation the Chief Government Valuer (CGV) should provide support to the Project Coordination Unit both directly, and through the KCC valuer.

d) The CGV must be assisted to deliver these services to KCC.

77


e) The Ministry of Local Government (MoLG) should support the KCC by ensuring release of funds for the resettlement activities from the Ministry of Finance Planning and Economic Development (MoFPED).

f) All implementing agencies in this framework should propose an individual to a Resettlement Steering Team which will monitor the resettlement, ensuring that goals are met and provide advice to enable more efficient and effective implementation.

Other agencies which will be involved in the programme at a secondary level are:

a) District Land Office: The Registrar of Titles shall be the centre for the validation of title owners.

b) Kampala District Land Board: To act expediently to approve current compensation rates for semi permanent and temporary structures and crops.

c) National Environment Management Authority: Overall Approval, review and supervision of Environmental Impact Assessment.

d) Buganda Land Board: To clarify on lands under its jurisdiction and advise on compensation of persons sitting on land under its jurisdiction.

This structure may be modified based on the outcome of the on-going process to convert Kampala to a metropolitan planning area managed directly by the central government—outside the decentralisation framework. However, funds flows will continue to determine institutional relationships. The Figure below shows the flow of funds during implementation.

6.9 RAP AssumptionsAssumptions for the success of the plan include:

1. Timely availability of funds for compensation and the physical works

2. More engagement with the affected people to offer legal advice and raise awareness on their rights as well as the positive impacts of the project.

3. Maintenance of a continuous line of communication between KCC and the affected population

4. Acceptable compensation packages for the affected entities.

78


Figure 0-4: Proposed Institutional Framework

6.10 Getting StartedDuring the preparation phase the following activities are proposed:

6.10.1 Fund RaisingThe World Bank will provide funds for the physical works; GoU/KCC will fund the resettlement program. KCC should indicate to the Ministry of Finance through the Ministry of Local Government, the financial requirement for compensation, so that some funds can be made available in the National budget for the 2007/08 financial year (starting June 2006). Supporting documents will have to be developed for this.

KCC’s Project Imlementation Directorates

Ministry of Finance

Ugandan taxesInternational loans

Donor funds

Ministry of Local Government

KCC (Valuer, Communuty Services.), CGV

Phy

sica

l w

ork

sCapacity building

Other donor funds

Res

ettle

men t

79


6.10.2 Disclosure In a series of meetings KCC will have to reveal resettlement arrangements and procedures to the following groups, which will be part of the implementation:

1. The KCC division staff, affected persons, and the LCs of their areas so that land sales are prevented that may affect compensation values already established.

2. Implementing agencies including the Ministries of Finance and Local Government, Commissioner Human Settlement and the CGV to appraise them on the progress of KIIDP, solicit commitment and cooperation and agree procedures to implement the RAP.

6.10.3 Detailed Work ProgrammeA detailed work programme for the first year will have to be developed and an annual activity plan for the subsequent two years of the resettlement programme. Activities will include those that will be directly implemented by KCC and those to be sub-contracted or delegated. These include:

1. Sensitisation of the rights of affected persons

2. Compensation and resettlement

3. Capacity building for implementing agencies

4. Legal procedures

5. Monitoring and evaluation

6.11 Monitoring and EvaluationBaseline information (affected households and their socio-economic status) has been gathered during this and other related assignments (Environmental assessment study and the market study). This should be used in subsequent phases to track the following

a. progress of implementation

b. Impact of resettlement on the affected households.

c. Impact of developed infrastructure on the socio-economic conditions of the specific area, and the city generally.

6.11.1 Logical FrameworkA logical framework should be constructed to define clearly the objectives (goal and purpose) outputs, inputs and activities for the RAP and physical works and to ensure that they are owned by all involved. Measurable indicators will be those factors which can be measured to test the logic and determine the progress of the project, and the means of verification are how they will be determined.

80


Table 0-45 Logical Framework

Narrative Summary Measurable Indicators Means of Verification Important assumptions

Goal:

Raise and sustain the well being of the affected population through cost effective resettlement within 3 years of KIIDP

Improved livelihood of affected population and improved infrastructure

Socio-economic and environment impact studies

Easy access to affected population; socio-political stability in the affected area

Purpose:

To improve and sustain the well being of the affected population through timely ,fair and adequate compensation and improved infrastructure

Income, social services

Better physical environment in affected and surrounding area.

Socio-economic information; through interview with affected population , observation of facilities and environment

Demand for improved infrastructure—roads, drainage, markets and solid waste facilities in affected area continues

Major cause of poor well being related to poor infrastructure.

Outputs:

Recommended short and long term minimum objectives for RAP in place

Number of entities compensated satisfactorily

Extent and quality of infrastructure improvements

Assessment through interview of compensated individuals and families

Observation and monitoring of infrastructure in the affected area.

Availability of sufficient funds; availability of personnel; acceptability of systems to affected population; all stakeholders including local and national authorities in favour of programme.

Activities

1. Identification, placement/recruitment and training of personnel to participate in RAP Implementation.

2. Disclosure of affected populations

3. Sensitisation of affected population about their rights and possibilities after compensation

4. Compensation of affected entities

1. Number of personnel trained

2. Number of affected families and individuals informed

3. Number of affected families, and individuals sensitised about their rights

4. Number of entities adequately and promptly compensated

1. Personnel records

2. Lists of affected population at the divisions

3. Workshop reports, records at resettlement desks, observation

4. Interview of affected population.

Permission from District Service Commission for placement/recruitment where necessary.

All land owners are identified

Funds for compensation are available

81


The steering Team will be responsible for reviewing progress, and deciding direction, KCC will be the secretary of this group and will be responsible for establishing a monitoring framework, tools and indicators. The following stages are proposed as milestones for resettlement monitoring for which more detailed formats will be developed.

1. Establishment of the institutional structure

2. Disclosure to all stakeholders

3. Compensation (including mechanisms, procurement of sub-contractors if any and implementation)

4. Resettlement

5. Start of physical works

82


Annex 1: Terms of ReferenceKAMPALA INSTITUTIONAL AND INFRASTRUCTURE DEVELOPMENT PROJECT

Resettlement Action Plan, Cadastral Survey and Valuation of Land

Terms of Reference

83


1.0 BACKGROUND AND INTRODUCTIONKampala is the capital city of Uganda with a population of about 1.8 million and an annual demographic growth rate of about 3.9%, well over the national rate of about 3.3%. It is the hub of the country’s economic, political, and administrative activities. While accurate data on the spatial distribution of economic activity in Uganda are not available, it is estimated that about 80 percent of the country’s industrial and services sectors are located in Kampala and the city now generates over 50 percent of Uganda’s GDP.

The economic future of Uganda is thus intrinsically related to the performance of Kampala as a locus of productive activity and investment. This, in turn, relies on the city’s ability to provide the services and infrastructure on which organizations (public and private) and residents rely. There is also evidence to suggest that urban economic growth in Uganda (and elsewhere in SSA) is disproportionately effective in reducing poverty. Over the period 1992 to 02/03, when the Uganda national poverty headcount dropped by about a third, the corresponding drop in urban areas was over a half (from 28% to 12%) even during a period of relatively high rural-urban in-migration.

Unfortunately, Kampala’s delivery capabilities have not kept pace with its economic and demographic growth. Over time, infrastructure and service-delivery in key sectors (roads; drainage; solid waste) has deteriorated, and the Kampala local authorities (Kampala City Council and five Divisions) which have primary responsibility in these areas have encountered serious deficiencies in the organizational, management, financial and human resource capacities to meet the current infrastructure and service-delivery needs of the city.

The Government of Uganda recognizes the need to broaden and deepen the reforms outlined in the Strategic Framework for Reform (SFR) and undertaken by the Kampala City Council (KCC) to date. The SFR was launched by the KCC in January 1997, with a strong element of local ownership, which had been developed through consultation with relevant stakeholders including the Council, KCC management, the KCC labour union, and representatives of the public. At the request of the Government, IDA fielded a mission in February 2004 to discuss areas for continued support to KCC. The Bank team held discussions with KCC and the SFR team, with the Local Government and Finance Ministries on the concept and scope of the follow on operation to support KCC.

The proposed Kampala Institutional and Infrastructure Development Project (KIIDP) is designed to develop a strong governance and institutional structure within KCC to enhance service delivery and improve the economic performance of Kampala. This is important particularly in the light of the critical role that Kampala plays within the wider Ugandan economy. The continued deterioration of the physical infrastructure in Kampala and the weakening of the service delivery capabilities of its governance structures are likely to have negative spill over effects on the performance of the Ugandan economy. The project aims to arrest this development and to put Kampala on a new path of improved physical and institutional development. These economic goals will have poverty reducing effects within Kampala and at the national level and will also attract private sector investment. These goals will be realized through a combination of two

84


interlocking and simultaneous initiatives: (i) a program of institutional and fiscal reform of the local governance structures in Kampala, with the specific objective of significantly improving the service-delivery effectiveness and efficiency of these organs; and (ii) a program of investment at the city-wide scale, focusing on the areas of drainage, roads/traffic management, solid waste removal, and urban markets. The project will be executed under the Adaptable Program Lending arrangement in 2 or more tranches.

The project is envisaged to require a substantial amount of land acquisition to obtain land for expansion/widening of road and drains and to acquire land onto which the markets and solid waste landfill are to be constructed. Land acquisition will range from expansion of existing infrastructure reserves to acquisition of completely new reserves. To ensure that land acquisition, relocation and resettlement of current occupants are done in an acceptable manner, a Resettlement Action Plan (RAP) will be prepared and a Cadastral Survey and Valuation of land affected carried out.

2.0 The Project: Preliminary Description.

The project has the following components (estimated cost US$ 90 million):

Component 1: Institutional Development. This component will assist Kampala and its stakeholders to refine and expand the SFR into a comprehensive approach to municipal development, consonant with Kampala’s central role in the nation’s economic and political life. Achievement of key activities will trigger investments under the various phases of component 2. Activities will include: (i) developing and beginning to implement a long-term vision for the city, including an effective development plan, which identifies the steps to be taken in the near and medium term to achieve that vision with specific annual milestones, (ii) developing and implementing a financial recovery plan designed to place KCC and its divisions in a sound and sustainable financial condition as soon as possible, (iii) creating and implementing a comprehensive organizational development strategy, based on financial sustainability, the capacity to sustain O & M of infrastructure and services, and on the clear and enforceable separation of council’s role of policy-making and oversight from staff’s management role, and (iv) introducing and sustaining mechanisms to improve the transparency and accountability of KCC, including the development and ongoing implementation of an effective and meaningful communication strategy between KCC and its stakeholders. Technical and financial support will also be provided to ensure that an effective collaborative process is put in place to identify barriers to competitiveness and to address these appropriately, in order to improve the ability of the private sector (formal and informal) to contribute to economic development and poverty reduction in Kampala.

Component 2: Citywide Infrastructure and Services Improvement. This component will support activities aimed at improving the provision of critical services to the city. The investment in infrastructure and service improvements will address four priority areas: (i) drainage system; (ii) traffic and road maintenance management; (iii) solid waste management; and (iv) urban markets infrastructure. These four areas are critical for inducing the confidence of the public and service recipients and will contribute to the economic and commercial development of the city. The infrastructure investments will be phased and predicated on defined institutional and fiscal milestones/targets

85


(e.g. O & M of existing infrastructure) that will trigger investment packages during project implementation. These milestones/targets will be determined during project preparation and agreed with KCC.

Component 3: Project Management, Monitoring and Evaluation, and Civil Society Participation. This component will have two sub components: (i) Project management, Monitoring and Evaluation: This will encompass the management activities associated with the implementation of the project, and will support program management, the establishment and implementation of a comprehensive monitoring and evaluation (M&E) system and future program formulation; and (ii) Civil Society Participation: This will provide technical and financial support to a coalition of civil society organizations (NGOs, CSOs, Private Sector Associations, Universities etc.) to effectively participate in the strategic and budget planning processes of KCC in order to increase budget responsiveness, accountability and transparency to KCC's constituents

3.0 Description of the AssignmentThe assignment has two components i) Preparation of a Resettlement Action Plan (RAP) for persons, communities and business that will be affected by the planned infrastructure investments under the project, and ii) carrying out Cadastral Survey and Valuation of Land to be expropriated in order to construct infrastructure under the project.

Works on roads and drainage are located within Kampala City, in some instances extending a little beyond the city boarder. Locations for markets, about five in number, shall be determined after the current feasibility study for improvement of markets. However they will be wholly within the city boundaries. The location of the proposed solid waste landfill is yet to be determined, but it will be in Wakiso, a district neighboring Kampala. Details on the general locations and extent of the proposed works, including their prioritization between tranches one and two are contained in Appendix A.

The Consultant shall prepare a RAP and carry out a cadastral survey and valuation for the entire project that is, focusing on infrastructure investments in both tranches of the project, as both tranches will support investments in drainage systems, solid waste management, traffic and road maintenance management, and urban markets improvement.

However, the RAP will (a) make specific recommendations and present detailed, well-costed resettlement measures for the first tranche to be implemented under the proposed project; and (b) present draft recommendations, draft resettlement measures and cost estimates for the second tranche which would be updated at the time a decision is made to support the second tranche.

For the cadastral survey and valuation, the Consultant will (a) survey and value all the land to be expropriated for construction of infrastructure in both tranches of the project, and (b) Obtain the Government Valuer’s approval of values, display and assist the Client in verification of compensation values with owners, for land to be expropriated for the first tranche of the project.

The Consultant shall coordinate their work with relevant agencies and other consultants carrying out a feasibility study on improvement of urban markets in Kampala and the anticipated two consultants on solid waste disposal: one preparing studies pertaining to composting at

86


the new solid waste land fill site and the other carrying out studies on capping and capturing of land fill gas at the current solid waste land fill site.

87


3.1 Resettlement Action Plan (RAP)3.1.1 Objectives The Objectives of the RAP are:

i) to carry out a social-economic study of the areas to be impacted identifying social and economic characteristics of the persons, communities and businesses and how they will be affected by the project;

ii) to value losses and determine compensation packages, for persons communities and businesses who will be affected;iii) to come up with resettlement measures including required inputs, implementation plan and monitoring and evaluation

arrangements.3.1.2 Scope of WorkThe Consultant will do the following.

1. The Consultant shall review the available project documents and identify proposed investments under the project that will require displacement and resettlement of people and/or businesses (mainly infrastructure investments). For each, the Consultant shall further identify and delineate, by definition and on a map, the impact areas;

2. The Consultant shall asses the designs, implementation and operation processes of the proposed investments and bring out, in sufficient detail, the impact of the proposed resettlement on persons and other affected groups, putting into consideration the following;

a) activities triggering/ causing resettlementb) zone of impactc) alternatives consideredd) mechanisms established to minimize resettlement

3. The consultant will carry out social-economic studies covering the following aspects:

a) Identification of the current occupants of impact areas to determine who will be displaced and establish eligibility cut-off for subsequent inflows of people;

b) Determination of the characteristics of affected households in the following aspects:i) production systems;ii) labour;iii) household organization;iv) baseline livelihood information – including income from formal and informal activities;v) standard of living;vi) health status;

88


c) the magnitude of expected loss;d) information on vulnerable persons who may need special provisions;e) provisions to update information on affected peoples’ livelihoods and standards of living at regular intervals to ensure most

recent information at time of displacement;f) land tenure and transfer systems, covering:

i) inventory of common property natural resources from which people derive their livelihoods and sustenance;ii) issues raised by different tenure systems;

g) patterns of social interaction covering:i) social networks and support systems;ii) project impacts on social interactions;

h) public infrastructure and social services to be impacted;i) social and cultural characteristics of impacted communities – both formal and informal institutions;

4. The Consultant will study the Legal Framework under which the resettlement would be carried out, bring out the following issues and incorporate them as necessary in the RAP:

a) scope of power of eminent domain, covering:i) valuation methodology;ii) timing of payment.

b) legal and administrative procedures, covering:i) remedies available to impacted persons in the judicial process;ii) timeframe for procedures;iii) alternative relevant dispute resolution mechanisms.

c) relevant law (legal, customary, traditional) governing:i) land tenure;ii) valuation of assets and losses;iii) compensation;iv) natural resources usage rights;v) customary personal law related to displacement;vi) environmental laws;vii) social welfare legislations.

d) laws and regulations relating to agencies responsible for implementing resettlement activities;e) gaps between local laws and Bank policy

89


i) identification of the gaps;ii) mechanisms to bridge the gaps

f) legal steps needed to ensure effective implementation of resettlementi) process for recognizing legal, customary, and traditional usage and land claims

5. The Consultant will study the Institutional Framework under which the resettlement would be carried out, bring out the following issues and incorporate them as necessary in the RAP:

a) Identification of responsible agencies;b) assessment of institution capacity of responsible agencies;c) steps to enhance institutional capacity;

6. Using information gathered in the social economic study, the Consultant will determine and define who will be displaced and the criteria for determining eligibility including cut-off dates;

7. Using data and information from the Cadastral Survey and Valuation of Land, a separate part of this assignment, and other data and information collected in this part of the assignment, the Consultant will value and propose compensation for losses to the affected persons incorporating the following:

a) methodology used in valuing losses to determine replacement cost;b) description of proposed types and levels of compensation under local law;c) supplementary measures needed to achieve replacement cost;

8. The Consultant will analyse and propose resettlement measures incorporating the following aspects:a) description of packages of compensation;b) description of other resettlement measures;c) analysis on whether resettlement packages are compatible with cultural preferences;d) preferences and input of the impacted persons obtained through consulting them;

9. the consultant will study, analyse and make proposals on issues relating to site selection, preparation and physical relocation, covering the following aspects:

a) alternative relocation sites;b) institutional and technical arrangements for identifying and preparing relocation sites;c) estimate of time needed to acquire and transfer relocation sites;d) measures needed to prevent land speculation or influx in ineligible persons;e) procedures for physical relocation including timetables for site preparation and transfer;f) legal arrangements for regularizing tenure and transferring titles;

10. The Consultant will asses and make proposals on housing, infrastructure, and social services requirements at the sites of relocation covring:

90


a) plans to provide housing, infrastructure, and social services;b) plans to ensure comparable services to host population;c) necessary site development for facilities;

11. The Consultant will study and make recommendations on environmental protection and management at the relocation sites, covering:a) a description of boundaries of the relocation area;b) an assessment of environmental impacts of the resettlement to the site;c) measures to mitigate and manage the impacts;

12. The Consultant shall seek for and encourage the community to get involved and participate in preparation of the RAP, focusing on the impacted peoples and host communities, by doing the following:

a) preparing and following a strategy for consultation and participation in design and implementation of the RAP;b) collecting, summerising views expressed and including, in the report, a discussion on how the views were taken into

account in preparing the RAP;c) reviewing and incorporating, in the RAP, alternatives presented and choices made by impacted persons including: choices

in forms of compensation and assistance; relocating as individual, family or community;d) analyzing and making recommendations on institutionalized arrangements through which impacted person can

communicate their concerns to project authorities and measures to ensure vulnerable groups are adequately represented;13. the Consultant shall analyse and make recommendations on integration of the relocated persons with their host community by doing

the following;a) making consultations with host communities and local governments;b) analysing and making proposals on arrangements for prompt payment to hosts for land or other assets;c) analysing and making proposals on arrangements for addressing any conflict;d) assessing and proposing measures to augment services in host communities to at least comparable services available to

resettled persons;14. The Consultant shall analyse and make proposals on procedures to settle grievances, taking into account the following:

a) third party procedures for settlement of disputes arising from resettlement should be affordable and accessible;b) availability of judicial recourse and traditional community dispute settlement mechanisms;

15. The Consultant shall analyse and make recommendations on organizational responsibilities during resettlement this will include:a) identifying agencies responsible for delivery of resettlement measures and provision of services, outlining there roles and

responsibilities;b) making proposals on coordination between agencies and jurisdictions involved;c) making proposals on measures needed to strengthen institutional capacity;d) making proposals on provisions to transfer responsibility for managing facilities and services provided;

91


16. The Consultant shall prepare an Implementation Schedule covering all resettlement activities. The schedule shall clearly show the following:

a) target dates for achievement of expected benefits;b) target dates for terminating various assistance;c) how resettlement activities are linked to implementation of the overall project;

17. The Consultant shall cost and prepare a budget for the resettlement. The budget shall show the following:a) itemized cost estimates for all resettlement activities including allowances for inflation, population growth, and other

contingencies;b) timetables for expenditures;c) likely sources of funds;d) arrangements for timely flow of funds;e) funding for resettlement, if any, in areas outside jurisdiction of implementing agencies;

18. The Consultant shall prepare a Monitoring and Evaluation Plan and Framework incorporating the following:a) monitoring arrangements by implementing agencies;b) monitoring by independent monitors as appropriate;c) performance monitoring indicators to measure inputs, outputs, and outcomes;d) involvement of impacted persons;e) evaluation of impact;f) use of results to guide subsequent activities

3.2 Cadastral Survey and Valuation of Land3.2.1 ObjectivesThe objectives of the cadastral survey and valuation of land are:

i. to obtain cadastral data and maps of the land to be acquired for the project’s infrastructure investments;

ii. To estimate compensation costs for the expropriation of the routes along the proposed infrastructure investments or area to be occupied by the investments and the costs for relocation of utilities;

iii. to provide to decision makers all the relevant information on land to be acquired and utility/public services to be relocated or protected;

iv. To raise and spread awareness of the project as regards acquisition of land and its consequences among the public in general and persons that will be directly affected by it in particular.

3.2.2 Scope of Work.

92


The Consultant will do the following.

1. The Consultant shall study and take into account, while executing this part of the assignment, the policy, legal and administrative framework relating to acquisition of land for infrastructure investments. The Consultant shall:

a) hold consultative meetings with relevant officials of Kampala City Council, the Chief Government Valuer and with the Commissioner, Surveys and Mapping (for Instructions to Survey), the Registrar of Titles, KCC Divisions and with lower local governments in the area;

b) review Uganda policies, laws the 1996 Constitution and practices relating to land acquisition for infrastructure investment;c) review Bank policy and safeguards on protection of rights and acquisition of land for development of infrastructure;d) make use of finding and information from the Resettlement Action Plan (RAP) study also done under this assignment.

2. The Consultant shall collect baseline Information as follows:a) Identify and conduct a census of all potentially affected properties.

b) Study the existing proposed infrastructure designs, set out and peg on the ground by chainage and/or curvature the drainage and road works routes/areas, the areas to be occupied by markets and landfills and the existing plots traversed by the routes/areas.

c) Based on records available in the Ministry of Water, Lands and Environment and by using a suitable methodology, identify the current land tenure systems, superimpose and plot details of the tenure along the routes/within the areas, on a plot by plot basis. (This will involve obtaining by the consultant copies of all issued land titles affected from the land registry.)

3. The Consultant shall carry out a cadastral survey and valuation of land to be acquired for the infrastructure investments under the project. The Consultant shall:

a) Undertake cadastral field checks to verify consistency of the mailo land affected plots in the co-ordinate system of the digital data provided by the KDMP, KUTIP, Markets Redevelopment and Landfill Consultants. Update the data and produce a strip/area digital map.

b) Convert co-ordinates of all plots along the alignments, within and around areas for the project infrastructure into the Universal Transerve Mercator projection (UTM) and metric so as to allow computation of areas likely to be acquired. Where other co-ordinate systems were used, transform into the UTM by methods acceptable and approved by the Commissioner for Surveys and Mapping. (This will involve obtaining by the consultant instructions to survey of all land titles affected from the land registry).

93


c) Assess and value acreage of registered land falling within the designated alignments and within areas for the project infrastructure, that will be acquired. In liaison with the local leadership in the area also identify, assess and value properties on the affected land that is not registered but is under customary ownership.

d) Verify any dubious and obscure cadastral plots before they are added into the relevant sheets.

e) In the process of adding the cadastral plots, compile a comprehensive list of ownership from the survey records and cross check with the actual ownership existing on the ground; modifying as necessary, based on land titles as found on the ground.

f) Compute and tabulate a complete evaluation of all areas affected by the project works to allow KCC acknowledge the extent of compensation requirements for land and other properties on land to be acquired.

g) In close consultation with the Chief Government Valuer, estimate the market value of all land and the values of properties therein.

h) Prepare and deposit for display the resultant strip maps and drawings (scales 1:2,500, 1: 10,000) showing the alignments and areas of the project infrastructure that are to be executed in the first tranche, affected property boundaries including plot numbers, ownership and land tenure systems, at KCC Head office, in the Ministry of Water, Lands and Environment, the 5 KCC Division offices and issue appropriate public announcements to the local communities using LC bulletin boards at locations along the route and in the print and electronic media, in accordance with the Town and Country Planning Act.

h) Prepare and compile, separately, the resultant strip maps and drawings (scales 1:2,500, 1: 10,000) showing the alignments and areas of the project infrastructure that are to be executed in the second tranche, affected property boundaries including plot numbers, ownership and land tenure systems,

i) Attend to and assist the Client in the process of verifying compensation values with occupants/affected persons for the land to be acquired for construction of infrastructure in the first tranche of the project.

j) Explain to the utility bodies, e.g. UMEME, NWSC, UTL, MTN, Celtel and others the extents of land for the infrastructure investments, determining the relocation or protection requirements jointly with them and obtaining the approved costs for relocating or protecting the utilities, to be affected by the infrastructure in the first tranche, from them. For infrastructure in the second tranche, obtain preliminary cost estimates for relocating or protecting the utilities that will be affected.

94


4. The Consultant shall asses and make recommendations on how to update Cadastral Survey, Land Valuation and Relocation of Utilities information for investments in the second tranche at the time of its implementation.

6.0 Achievement of Objectives and aims

It is reiterated that the Consultant shall include any other activity not mentioned which he feels is necessary to ensure that all the aims and objectives are comprehensively achieved and give his comments, if any for improvement of the TOR, at submission of proposals.

7.0 Time Schedule for the Services

The preparation of the RAP, Cadastral Survey and Valuation of Land as laid out in these terms of reference are expected to require a period of four months including periods for review of reports by the Client and necessary revisions of the same by the Consultant.

8.0 Reporting Requirements

The Consultant will prepare and submit the following reports in a format agreed with the client both in hard copies and electronic format: -

a) Inception Report (10 copies)

To be submitted within 2 weeks after the commencement date showing detailed work method and program to be adopted incorporating all activities and actions contained in the scope of the assignment in order to achieve the objectives.

b) Draft Report (15 copies).

To be submitted within three months after the commencement date, consisting of the following parts.

Part 1: Resettlement Action Plan (RAP); the report/plan shall follow the outline and content given in Appendix A to the TOR. Supporting data and information collected as part of the study shall be attached in appendices.

Part 2: Cadastral Survey and Valuation; the report shall include a discussion of policy, legal and administrative framework, presentation of baseline information in summary, a discussion of methodologies and approaches used in the cadastral survey and valuation and summaries of the survey and valuation results. The underlying data, information, valuation reports and details of costs for relocation or protection of utility services shall be presented as appendices to this report. The report should include tables, schedules, maps and drawings in AutoCAD 2004, as required in these TOR,.

c) Final Report (20 copies).

95


To be submitted within 2 weeks of receiving the Client’s comments on the draft report. The report shall be in two parts as for the draft report, content to be similar, but incorporating changes and recommendations from the Client.

d) Raw Data from Field Survey (1 copy).

The Consultant shall properly file documents containing raw data collected as part of the assignment. Such data includes, among other: enumeration forms/questionnaires, data and information from egencies e.g. copies of land titles, instructions to survey, drawings, maps etc., minutes of consultation meetings and general correspondence directly relating to the assignment. At the end of the assignment, the Consultant shall pass on the original or first copy, in case of information received by the Consultant as copies, to the Client.

e) Progress Reports (10 copies)

Within the first week of each calendar month of execution, the Consultant shall prepare and submit to the Client comprehensive progress reports on the assignment, including details, tables and drawings as may be necessary to enable the client appreciate the work done so far and generate comments.

9. Consultant’s Personnel

The Consultant’s personnel proposed for the services should be fully conversant with preparation of Resettlement Action Plans, cadastral survey and valuation of land. The services are expected to require the following staff with the corresponding qualifications.

9.1 Key Staffa) Team Leader –A professional sociologist with at least 15 years working experience in social impact assessments,

resettlement people and at least 10 years experience as team leader in a variety of projects similar to this assignment b) Social Scientist/Sociologist – A professional researcher with working experience of not less than 15 years, at least 10 of

which should be in carrying out social impact assessments, resettlement action plans and stakeholder consultations in urban and rural communities.

c) Senior Valuation Surveyor – A registered valuation surveyor with not less than 10 years working experience, with experience in valuation of land and properties and computation of compensations packages in land acquisition schemes both in rural and urban settings.

d) Senior Land Surveyor – A registered land surveyor with at least 5 years working experience having knowledge and experience of Universal Transerve Mercator projection, use of latest survey technology i.e. Total station and or Global Positioning System (GPS), computer packages e.g. AutoCAD

96


e) Civil Engineer – an engineer with at least 5 years experience. Having good knowledge in interpretation of drawings for drainage, roads, buildings and landfills and construction methodologies of the same.

9.2 Auxiliary Staff

These may include: statisticians, social research assistants, civil engineers, environmentalist, land survey assistants, valuation survey assistants, drafts men, CAD Technicians, field data enumerators, etc.

The services are estimated to require a total of 23 professional staff months including those for auxiliary staff. However, evaluation will be based on the consultant’s estimated staff months.

10. Facilities to be provided by the Consultant.

The Consultant shall be responsible for all logistical requirements, including but not limited to office space and furnishings, accommodation, consumables, utilities, vehicles, transportation costs, surveys and costs of duplication or acquisition of all reports, maps and other data.

11. Obligations of the Client.

The Client will provide the following reports to the Consultant:

1. The Kampala Drainage Master Plan Report, July 2002,

2. Kampala Drainage Master Plan – Short-term Action Plan Phase 1, October 2003:- Design Report, EIA, Economic Analysis & Design Drawings.

3. Comments received from WRMD – NEMA’s Later of 10th March 2004.

4. Kampala Urban Traffic Improvement Plan – Traffic Improvement Plan, November 2003:- Volume-1 Main Report, Volume II Layout Drawings.

5. Kampala Urban Traffic Improvement Plan – Upgradation of Grave Roads to Paved Roads:- Volume-1 Detailed Design Report-December 2002, Volume II Drawings-June 2003

6. List of proposed works and their general locations. (Attached hereto as Appendix A.)

The Client will facilitate the Consultant’s contacts with public agencies where appropriate, access to documents for consultation and/or duplication where available, and assistance as appropriate with the Consultant’s applications for work and residence permits. The Consultant shall remain responsible for arranging all such contacts and applications including related costs and fees, etc.

12. Continuity for Downstream Work.

97


The client envisages a possibility of continuity for downstream work. This will involve assistance in implementation of the RAP including activities like payment of compensation packages and transfer of the acquired land into the names of Kampala City Council. This may cover works both in the first and second tranche. For works in the first tranche, the continuation services would start about one year after completion of this assignment, while for the second tranche, about 3 years after completion of this assignment.

98


Annex 2a: Socio-economic Inventory FormKIIDP INVENTORY FORM

Record Serial Number __________________

SECTION 1 PARTICULARS OF ENUMERATION

Name of Enumerator Date of enumeration Name of Supervisor Enumeration Serial Number

SECTION 2: LOCATIONAL INFORMATION

DIVISION SUB-COUNTY PARISH LOCAL COUNCIL 1

SECTION 3: INFRUSTRUCTURAL DEVELOPMENT SECTOR

NAME OF SECTOR FROM TO USE ZONE

1. Exclusively Residential

2. Exclusively Commercial

3. Mixed (Residential & Commercial)

4. Protected Wetland/Swamp

99


SECTION 4: OWNERSHIP AND/OR REDISENTIAL INFORMATION

Names of Respondent

(Record last name first & include all names )

Status of Respondent in relation to the property

Type of tenure

(Tick in the appropriate box)

Nature of land holding

(Tick in the appropriate box)

Owner Mailo/freehold In possession of title

Spouse Leasehold Inherited but no title

Tenant Public/Customary Kibanja on titled land

Relative to Owner Common Property Resource On public land (customary)

Duration of stay on the property (record figure as stated)

Don’t know/ not sure

Other

SECTION 5.1: ATTRIBUTES OF EXISTING STRUCTURES RESIDENTIAL

Observe and Record Residential Equivalent Values Comments

Wall type Fired bricks and cement

Non-fired bricks and cement

Non-fired bricks and mud

Mud and wattle

Wooden

Sheet metal

Others (specify)

Roof type Iron sheets

Tiled Asbestos sheets

100


Polythene

Grass

Others (specify)

Floor type Cement

Tiled

Earth

Window type Steel and Glass

Wood

Sheet Metal

Others (specify)

Fence type Unfenced

Natural fence

Plastered wall fence

Non-plastered fence

Chain link

101


SECTION 5.2: ATTRIBUTES OF EXISTING STRUCTURES COMBINED RESIDENTIAL & COMMERICIAL

Wall type Commercial Equivalent Values Comments

Fired bricks and cement



Mud and wattle

Wooden

Sheet metal

Others (specify)

Roof type

Iron sheets


Polythene

Grass

Others (specify)

Floor type

Cement

Tiled

Earth

Window type

Steel and Glass

Wood

102


Sheet Metal

Fence type Others (specify)

Unfenced

Natural fence


Non-plastered fence

Chain link

SECTION 5.3: ATTRIBUTES OF EXISTING STRUCTURES COMMERCIAL

Wall type Equivalent Values Comments

Fired bricks and cement



Mud and wattle

Wooden

Sheet metal

Others (specify)

Roof type

Iron sheets


Polythene

Grass

103


Others (specify)

Floor type

Cement

Tiled

Earth

Window type

Steel and Glass

Wood

Sheet Metal

Fence type Others (specify)

Unfenced

Natural fence


Non-plastered fence

Chain link

104


SECTION 6: EXISTING AMENITIES

Water Electricity Telephone Sanitation

Running water in house Connected Connected In house running toilets

Standing pipe in compound

Nearby line but not connected

Nearby line but not connected

Private pit latrine

From the surroundings (public tap)

Shared pit latrine

SECTION 7: CROPS AND TREES

Name of crop/tree Description Quantity Rate Value in Ug. Shillings

Plantain Good

Average

Poor

Passion fruits

Vanilla

Timber Trees

Coffee trees

Good

Average

Poor

Jackfruit

Sugarcane

Pineapple plants

105


Yam plants (Ndaggu, Balugu)

Mayuni

Chillies

Mango trees Mature

Young

Orange/Lime/Lemon Mature

Young

Ovacadoes Mature

Young

Pawpaw Mature

Young

Ntula

Back cloth Big

Medium

Eucalyptus Building type

Electricity

Timber

Nsambya Building type

Small size

Acacia

106


Greenvillia Robosta

Jambula

Guava trees

Grenadilla

107


SECTION 8: SKETCHES

108


Annex 2b: Census questionnaire for the Resettlement Action Plan

109


Record Serial Number __________________

SECTION 1: PARTICULARS OF ENUMERATION

1.1 NAME OF ENUMERATOR

1.2 DATE OF ENUMERATION 1.3 NAME OF SUPERVISOR

SECTION 2: LOCATIONAL INFORMATION

2.1 DIVISION 2.2 SUB-COUNTY 2.3 PARISH LC II 2.4 LOCAL COUNCIL 1

NAME OF ROAD FROM TO

Introduction

I am __ ______________ and I am here on behalf of Geomaps, a company that was hired by the Ministry of Local Government and KCC to help in getting information from affected persons.

We have some questions to all of you who are within the marked area. Responses you give will help KCC to plan on how to improve roads and traffic management, drainages, markets, and garbage disposal in the city and how to help those who will be affected by the developments.

The information you give will be for planning purposes only and will not be shared publicly.

110


SECTION 3: OWNERSHIP AND PARTICULARS OF THE AFFECTED PARCEL

3.1 Names of Respondent (Record last name first & include all names )

3.5 To the respondent What is your status in relation to this property?(Tick in the appropriate box)

3.8 How do you hold this land?

1= Owner 1= In possession of title

Block no.

Plot no.

2= Spouse to owner

3.2 How long has this household lived here?

3= Relative to Owner 2= Inherited but no title

1= less than one year 4= Kibanja holder 3= Kibanja holder (traditional tenant)

2= between 1 - 5 years 5= Renting for residential only (Skip to 3.9)

4= Customary owner (formerly public land)

3= 6 - 15 years 6= Renting both sleeping business (Skip to 3.9)

5= Don’t know/not sure

4= Born here (skip to 3.5) 7= Renting for business only (Skip to 3.9)

6= Other (specify )

3.3 Where did you live before coming here? 3.6 How did you acquire this land? 3.9 If renting, how much do you pay per month?

1= Within the division 1= Bought 1= Residential only

2= Outside the division 2= Inherited 2= Residential and commercial

3= Outside Kampala District 3= Given as a gift 3= Commercial only

3.4 Why did you choose to live here? 4= Just settled 4= Not sure Don’t know

1= Near to place of work 5= Other specify 3.10 Except for a housekeeper, how many people are employed in activities on the marked part?2= Have relatives nearby 3.7 To owners only, have you sold part of your land in

the last 3 months?3= Easy to find employment 1=Yes

4= Economic opportunities 2= No

5= More secure

111


6= Other specify

112


SECTION 4: DEMOGRAPHIC PROFILE OF AFFECTED HOUSEHOLD

4.1. What are names of -----?

4.2Sex

1= M2= F

4.2. How old are you/s/he? (Record as stated)

4.3. What is your/his/her main occupation?

1= Government/Civil service2= NGOs3= Private licensed Manufacturing4= Private licensed service5= Private licensed/retail 6= Private no licensed Manufacturing 7= Private no licensed service8= Private no licensed retail9= Agricultural (animal/poultry)10= Religious service11= Not employed12=Other specify

4.4. How far are the work/ school from here?Record as stated

1= On the parcel 2= > 1 Km 3= 2-12 Km Over 12 Km

4.5. How do you/they get to work?

1=At site 2= by public means3=by personal vehicle 4=by bicycle/ motor cycle5=by foot6=other specify7= Not applicable

4.6. What is your marital status

1=Married2=Cohabiting3=Single never married4= Separated/Div.5= Widow/widower

4.7. What is the highest level of education you/ she/he attained/ currently in?

1= None2=Primary school3=Ordinary Level4=Advanced level5= Tertiary institutions6= University7 Adult /Informal

Head of Household

Spouse to the head of HH

4.8 What is the ethnicity (tribe) of the Head of HH? 4.9 What is the religious affiliation of the head of this HH?

1= Catholic

2= Protestant

3= Islam4= Other

113


GENERAL QUESTIONS CONCERNING CHILDREN IN THE HOUSEHOLD4.8 How many children in this HH are below 5 years old?

4.9 How many children attend primary (1-7) level?

4.10 How many attend secondary senior (1- 6) level?

4.11 How many are in day school? 4.12 By what means do they get to school?

4.13 Do you have any persons with disability in this HH?

1= Walk 1= Yes 2= by public means (skip to ) 2= No

3= by private means4= Bicycle//Boda-boda 4.15 What is the nature of disability (handicap)?

5= Other (specify) 1= Blind4.14 What is the distance to the nearest Health Unit that your family normally go to? 2= Deaf/dumb

Less than 2 Km 3= CrippledBetween 2 -5 Km 4= Mental

Over 5 Km 5= Other (Specify)

114


SECTION 5: INCOME OF AFFECTED HOUSEHOLDS

5.1 What is the main source of income for this household?(Tick in the appropriate box)

5.2 What is the second source of income for this HH?(Use codes in previous question and tick in the appropriate box)

5.3 What other activities generate income for this HH? (Tick in the appropriate box)

5.4 What is the major source of food for this household? (Tick in the appropriate box)

1= My salary 1= Farming 1= Buy from the market2= Spouse’s salary 2= Remittance from

relatives2= Grown on this parcel

3= Business located here/this land

3= Donations from NGOs 3= Grown elsewhere

4= Business located elsewhere 4= Other specify 4= Other (specify)5= Rent collected from here/this land

5.5 Compared to other residents in this Parish, in what category of standard of living would you put this HH?

6= Rent collected from elsewhere

1= Rich

7= Agricultural activity on this land

2= Average

8= Agricultural activity on land elsewhere

3= Poor

9= Transfer income (pension/hand outs)

4= Very Poor

10= Other (specify) 5=Other (specify)

115


SECTION 6: SOCIAL NETWORK AND SUPPORT SYSTEMS

6.1 Given the portion of your land that is marked for road and drainage improvement, do you think that you need to move to another place?

6.2 Where would you move to?

6.3 Please give reasons for the location preferred…

1.

1= Yes 2.

2= No(if no skip to 6..5)

3.

6.4 If you are to move, how would like local government /KCC to handle your situation?

6.6 Do you have any relatives living in this division?

1= Yes

1= Compensate me to find where to go 2= No

2= Buy a house for my family 6.7 Do they live/is it within this parish? 1= Yes

3= Provide housing loan 2= No

6.5 In your estimation, what is the value of the part marked off? 6.8 Do you belong to any community organization in this parish?

1= Yes

2= No

6.9 From whom do you normally seek advice to solve your personal and HH problems?

6.10 Do the people from whom you normally seek advice to solve your personal and HH problems live in this parish?

1= Yes

1= Sister/Brother 2= No

2= Parents 6.11 Where do you burry? Muziika wa// oba ekigya kyamwe kiri ruddawa?

3= Friends 6.12 How far is it from here: (Buwanvu kki okuva wano??) (record in Km.)

4= Priest Less than 2 Km

5= Counselling Services Between 2 -5 Km

6=Other Specify Over 5 Km

116


SECTION 7: OPINION ABOUT SERVICE DELIVERY PROBLEMS IN KAMPALA 7.1 In your opinion, what are the 3 major problems in Kampala city in relation to;

7.2 What are the causes of these problems?

7.3 What would you suggest to KCC to overcome these problems?

a) Roads 1. 1. 1.

2. 2. 2.

3. 3. 3.

b) Markets 1. 1. 1.

2. 2. 2.

3. 3. 3.

c) Garbage Disposal 1. 1. 1.2. 2. 2.3. 3. 3.

d) Drainages (Emifulejje) 1. 1. 1.

2. 2. 2.

3. 3. 3.

e) Environment (ebyobutondde)

1. 1. 1.

2. 2. 2.

3. 3. 3.

7.4 Supposing there is a possibility to move to an organised residential zone (estate) what 3 possible arrangements would you propose?

12

7.5 Can you please provide telephone number that can be used to call this HH? __________________________________________

117


Annex 3: Minutes of meetings between Consultants and Community Groups

118


MINUTES OF MEETING BETWEEN THE CONSULTANT’S TEAM AND AFFECTED PERSONS ALONG ST. BARNABAS ROAD- MAKINDYE DIVISION:VENUE: ST BARNABAS PRIMARY SCHOOLDATE: THURSDAY MARCH 9, 2006TIME: 10 AM.Facilitators:1. George Bogere 2. Athanazi Kamugyisha2. Deborah Namirembe 4. John Banga Agenda

1. Introductions and Communication2. Introduction to KIIDP3. Reactions of affected persons 4. Responses from the Consultant’s team 5. Way forward

Minute 1: Introductions and CommunicationMembers from the two groups introduced themselves. On behalf of the consultant’s team, Mr George Bogere apologised that the cadastral survey had been done in the absence of the LC Chairman of the area. He explained that the chairman could not be reached on phone, and due to the tight schedule, the survey team went ahead to peg off the affected parcels of land without the chairman. Since the chairman had attended the sensitisation workshop for LCs, the consultant hoped the chairman had informed the residents about the planned activities.Minute 2 Introductions to KIIDPGeorge Bogere gave a brief background of KIIDP:- objectives and scope of the project; infrastructure targeted by the project- roads, drainage, garbage disposal; markets; the preparatory project activities-cadastral survey, valuation and social-economic census; and the instruments to be used such as the census questionnaire and valuation form. He informed members that these activities were meant to generate information for appraisal and funding of KIIDP. In their case, the Saint Barnabas Road was selected for improving in the first phase of the project. The census would help to establish the magnitude of social and economic disruption (loss of livelihoods, social networks and property) that would result from the proposed project .This would help KCC to make appropriate plans for resettlementMinute 3: Reactions of the affected partiesCommunity members present expressed their disquiet at the pegging of their land with out prior notice. However, they accepted the apology by the consultant and welcomed the plan to improve their road as it would not only cause the value of their properties to appreciate, but also rid them of the problems of dust and mud. The members then raised their concerns about the proposed project and their property that was to be affected. The issues raised were as follows:1. International Hospital Kampala (IHK) was repairing the existing road. Who was behind the

new plan to improve the road and whose interests were at play? 2. Loss of land the proposed road improvements should be borne equally by all- and not just a

few at the lower junctions as indicated by the pegging.. 3. They asked to know the rationale behind the proposed road design.4. Collecting information from individual property owners was a tactic to divide them. The

consultant’s team should note and report the common position taken by the group.

119


5. The experience from previous projects of KCC showed that projects take so long to commence. This interferes with the land owners’ plans.

6. It was proposed that in order to minimise loss, the design of the road be modified or that improvements stick to the existing dimensions as acquisition of land for a road reserve does not justify the loss of property.

7. Members also suggested that since they were all literate, the questionnaire for the census be given to them for scrutiny and consultation where necessary.

Minute 4: Responses to issues raisedThe LC I Chairman explained that Dr Ian Clark, Director IHK, started rehabilitation of the current road with the go-ahead of the local council and the Ministry of Works and Housing, He used IHK’s resources and did not get the expected financial support from the community and government. The responses of the consultant’s team to the issues raised were that;

According to information provided by KCC, the roads to be improved under this project were selected by KCC following prioritisation by the respective divisions of the city.

The overriding considerations in the design of the roads were: the social cost (social economic disruption), financial cost, and efficiency of the road net work. Thus the junctions need to be wider to cater for manoeuvring by motorists. The consultant assured members that the census and valuation were some of the means designed to render the process as fair as possible by collecting information regarding the affected property, livelihoods of persons on the property and their views on the proposed project.

The project will be implemented in observance of all relevant laws and procedures as required by the funding agency. Unnecessary delay will be avoided, and compensation will be timely and commensurate with loss.

Every standard road has to have a road reserve to accommodate public utilities (such as electricity poles, underground pipes and cables), drainage, pedestrian foot-paths etc.

The consultant had trained personnel to collect the census data. Thus although the respondents could be given the questionnaire, they would be guided by enumerators while filling them so as to ensure consistency and quality control.

Minute 5: Conclusion and way forwardThe meeting resolved that:

1. The census interviews would be conducted on Saturday, 11 March 2006 from 11am and Monday, 13 March 2006, 11am at the respective premises.

2. The consultant should carry a copy of the design for the affected land owners to see the proposed road improvements.

On behalf of the consultant’s team, George Bogere thanked those present for their views and time committed for the meeting. The meeting ended at 2.15 pm.Sensitisation Meeting at St Barnabas Road : Date: March 9, 2006: List of Participants

Name Status in Community Contact1. Mr. Kironde S Kin of land owner2 Mr. Ezra Musoke Propriety, Disney Kindergarten3 Mrs. Ruth Kamusiime Land owner4 Mr. David Nsereko LC I Chairman, Kayongo Zone5 Ms. Jane Beyongyera Land owner 0752 6297086 Ms. Sebi Zena Co-land owner 0772 470230

120


7 Ms. Jamila Sebi Tenywa

Co-land owner

8 Mr. Kikabi Paul Resident 0772 8302559 Mr. J. Bandanzya Tenant 0782 21474110 Mrs. Hellen Wamala Land owner11 Mr. Mukasa Sam LC I Chairman, Kisugu South C12 Dr Bernard Okongo Land owner13 Mr. J. Kakande Engineer, St Barnabas School14 Mr. Joseph Kagimu Co-land owner/Director, St Barnabas

School

121


FOLLOW UP MEETING HELD AT ST BARNABAS ON MARCH 15, 2006 AT MR. AYUB’S RESIDENCE

AttendanceNames of Participants Telephone Contact Facilitators1. Kironde S2. Jamila S. Tenywa3. Sebi Zena4. Matovu Hanifa5. Ayub Ahamed Lotori6. David Nsereko

0752 6297080782 1471710782 4951410712 887246

1. Dr Sebina-Ziwa2. Prof. James Sengendo3. Robert Muggaga4. Athanazi Kamugyisha 5. Eng. Bonnie Nsambu6. Bogere George7. Deborah Namirembe

1 Introductory RemarksThe meeting was chaired by the LC I Chairman, Mr David Nsereko. He welcomed all those present and explained that he had invited only those affected landowners who were still concerned that large parcels of their land had been marked off for acquisition.. He explained that the root cause of their discontent was that the proposed road improvements appeared to target the properties of just a few people. The purpose of the meeting was to have this issue clarified.Professor Sengendo highlighted the objectives of the project. He informed the affected parties that KCC was interested in upgrading infrastructure in Kampala City and this would certainly affect the people on the ground differently. The effect depended on the engineering designs made earlier a by a different group of consultants. However, one of the considerations was minimizing loss of property and livelihoods.Mr Ayub (head of the Sebi family) asked as to the nature of the improvements KCC was to implement. Dr Sebina-Zziwa explained that the developments were of different kinds. They included roads, drainages, markets and waste disposal in all the divisions of Kampala. For St. Barnabas, the road was to be up graded to bitumen. She assured them that an official from KCC was coming to explain the design of the road.2. Questions and comments from the participants

1. Why was the pegging reflecting different width along the stretch of the same road? Some land owners were more affected than others.

2. Why they were not consulted about the design of the proposed road? Was KCC concerned about their rights?

3. The existing road occupies a 5 metre wide strip of land earlier forfeited by the Sebi family. The proposed road will further take off more land from their property. They were not ready to lose any more land and strongly felt that any further expansion should affect others on adjacent plots.

4. KCC should start with those roads in the city centre. Instead of encroaching more on their land, the existing St. Barnabas Road should remain as it is.

5. In the previous meeting, it was stated that the project aimed at minimizing disruption and compensation. This was unfair to those few affected because it appeared their property rights were underrated.

3. Responses to the expressed grievancesEngineer Bonnie Nsambu explained that the design took three factors into consideration.

122


The safety of the motorists and other road users. He graphically demonstrated why the road had to be wide towards the junctions. This was so because of the volume of traffic taking different directions.

The size of the road. This had to be adequate for traffic flow with space for the pedestrians

Affordability. The design minimized land acquisition. Contrary to the impression that the road will be wider only at the lower section, this was also the case at the upper junction. It so happened that the upper junction was already wide enough and therefore did not need much expansion. However, there was a need to widen the lower end junction. 4. Conclusion After touring the pegged area, Mr Ayub (on behalf of the affected parties) confirmed their support of the proposed developments but was concerned that the expansion was too much on their side. He recommended that the local community should first be thoroughly sensitized before pegging off the affected parts of properties. He requested that KCC should take their complaints seriously and modify the design. Engineer Nsambu promised to review the design and see if there was a technical possibility of adjusting the width of the junction. He however indicated that even with the modifications, the building at the lower junction could not be saved. He reiterated that any modifications will have to be based on the findings and recommendations of the consultant contracted to collect the necessary information. Dr Sebina-Zziwa urged the affected parties to cooperate with the consultant’s team so that KCC would have the information showing how the proposed project affected the area. She explained that the census targeted various categories of people- land owners, tenants and those renting on the affected premises. The respondents were free to make a photocopy of the completed questionnaire, and even the final report would available for them. Dr Sengendo observed that the experience at St Barnabas was a learning point for his team. 5. Way forward The socio-economic survey should go ahead. Those at this meeting will get a copy of the minutes of the meeting. After getting the findings of the on-going surveys, KCC would look into the present design

with the possibility of the reconsidering but that would still take into account the three major principles of standard road designs outlined.

The decision taken shall be communicated to the affected parties before implementation of the project, which was scheduled for Middle of 2007.

123


Minutes of the Sensitization Meeting for Community Along Bukoto- Kisaasi Road Held at Kisaasi Church of Uganda on April 2, 2006 at 2:30.

Facilitators1. Dr. Abby Sebina-Zziwa 2. Mr. Bogere George

Agenda1. Introduction by the Geomaps team2. Background to KIIDP 3. Plenary discussions4. Reactions to Issues raised5. Closing

Minute 1: Introduction by the Geomaps team Dr. Sebina welcomed all community members present and thanked them for heeding the call for this meeting. She briefly explained why the meeting was convened. She and her colleague then introduced themselves.

Minute 2: Background to KIIDP

Dr. Sebina informed the meeting that Kampala City Council, in a bid to improve service delivery, has come up with the Kampala Institutional and Infrastructural Development Project (KIIDP). As the name suggests, the project targets improvement of both the infrastructure and institutions in all the five divisions of Kampala City.The infrastructure to be improved includes: roads, drainages, markets and garbage disposal facilities. In the case of Nakawa Division, the first phase of the project targets roads. The roads to be improved are the Bukoto -Ntinda; Bukoto -Kisaasi and Ntinda- Kisaasi . It is envisaged that these improvements may warrant widening of the existing roads. Where necessary, some land will be acquired for a road reserve. Therefore some properties and persons along those roads may be affected. It is in this respect that KCC commissioned Geomaps Africa, which is a private company, to prepare a resettlement action plan. This necessitates assessing the situation on the ground. She further explained that this would involve identifying and valuation of affected properties, and a social economic census of all the affected persons. She emphasized that the success of the project called for the support of the community. That was why they were being sensitized and consulted.Minute 3: Plenary DiscussionIssues Raised Widening of the roads should be minimized so as to minimize the losses to be borne by

landowners. This time around the compensation for land and buildings should be based on their true

value. How will compensation be apportioned between landlord and tenant in case of kibanja

holders? Public utilities such as power lines, water pipes, optical fiber cables etc are currently in

private land. Will the acquired land accommodate these utilities?

124


The Northern By-pass road is mostly situated in wetlands contrary to the NEMA Act, which stipulates that wetlands should be protected. Is this the same case with KIIDP?

Responses to issues Raised When designing roads, the overriding consideration is the safety of the road users-both

motorists and pedestrians. The designs try to minimize compensation but without compromising safety; and therefore it may not be possible to reduce the road width.

On the issue of compensation rates, Dr. Sebina informed members present that KCC sets and publishes compensation rates to be used at the beginning of every fiscal year. It is these rates that will be used to value the affected properties. However, in the event that the property owner is not satisfied with the compensation package, there will be an avenue through which redress can be sought.

In the case of tenant landlord-relationship, the tenant shall receive compensation for buildings and crops thereon and a percentage of the value of the expropriated land while the remaining goes to the landlord. The percentages will be publicized in due course.

According to the engineering road design and the cadastral survey, the marked part includes both the carriageway and road reserve, it is therefore envisaged that the public utilities are to be accommodated in the acquired road reserve. However the possibility that the project will extend beyond the current boundary cannot be ruled out. In this case compensation for the additional land and property thereon will be done.

She assured members that an Environmental Assessment of the proposed developments under KIIDP has been carried out and that environmental aspects will be taken care of.

She cautioned members to desist from erecting structures on the marked off part as these will not be included in the estimation of losses and computation of compensation packages. The social economic census and valuation therefore establish the cut-off point for compensation.

125


Annex 4: Minutes of meetings to sensitise local leadership

126


Sensitisation and Planning Workshop Report for Local Council Officials (LCs) Of Makindye Division

VENUE: SILVER SPOON NURSERY AND PRIMARY SCHOOL: DATE: FEBRUARY 25, 2006 FACILITATORS

Name RoleMr. E. Mukalazi KCC representative Mr. J. Musungu Consultant’sTeam Coordinator /SurveyorEng. Kayima Engineer Eng. V. Male Quality Controller Mr. Balinda Birungi Valuer Mr. G. Bogere Research Assistant Ms. D. Namirembe Recorder/ RADr. A. Sebina-Zziwa Team Leader/ SEC

BackgroundThis report constitutes the proceedings of the first of the planned mobilization and awareness workshops for the local leaders in the KIIDP target areas. The consultant’s team will need the support of the leaders for the field activities leading to the preparation of a Resettlement Action Plan. As earlier agreed with the client, there was a press release about the project. The objectives of the workshop were:

To inform the local leaders about KCC future plans (KIIDP); To identify problems and possible solutions to the problems of roads and traffic

management, drainages, markets and garbage disposal; and To plan for mobilisation and collection of information from the affected persons,

individuals and businesses. Workshop ProgramNo.

Time Activity Facilitator Institution

1 9:00 Registration George Bogere Geopmaps 2 9:15 Self- Introductions All Participants Participant

s 3 9:30 Introduction of KIIDP Eng. Mukalazi KCC 4 10:00 Objectives of Workshop V. Male Resco5 10:15 Introduction of Workshop procedures A. Sebina-Zziwa Geopmaps 6 10:30

to 11:20

Problems and Solutions related to roads and transport management, drainages, markets garbage

Kayima Sebina-Zziwa/ Mark

Resco Geomaps

7 10 min Cadastre Surveying and Marking J. Musungu Geomaps 8 10min Valuation B. Balinda 9 10 min Social-economic survey Sebina – Zziwa, J.

Sengendo Geomaps/Delta

10 10 min Aggregated plans (views and suggestions of dealing with families and entities falling within the road reserves

Sebina – Zziwa// Mark Geomaps

11 12:00 Views about organized settlements in

127


Kampala and suggestions on how to plan and develop them

V. Male/ Mark /George

12 12:30 Indication of facilities likely to fall in the corridor earmarked for infrastructural development

J. Sengendo

13 12:45 LC roles and mobilization of communities for the Census

George Bogere/Mark

14 2..30 Recap and closing of Workshop

Introduction of KIIDPEngineer Mukalazi,, representing KCC, presented an outline the project. He highlighted the three components (of the project), namely; institutional development, improvement of infrastructure and services city wide, and project management, monitoring and evaluation with civil society participation. Emphasis was put on the second component of the project for which the workshop was being conducted.Investment in the improvement of infrastructure and services is to address four priority areas: (i) drainage system; (ii) traffic and road maintenance management; (iii) solid waste management; and (iv) urban market infrastructure. Remarks from the participants

i) In most cases local leaders are not consulted. When they are, it is only in the initial stages (Nakivubo channel project was cited). There should be collaboration between the consultants and the local leaders throughout the project.

ii) There is skepticism among the city residents about KCC projects, which are never completed e.g KUSP, and Nakivubo channel.

iii) About garbage collection, the participants blamed KCC for untimely collection.iv) KCC should carry out comprehensive evaluation of its projects.v) There are many cases of shoddy work and lack of accountability to the public. vi) Local leaders should be empowered such that they can hold the contractors and

KCC accountable.vii) KCC should enforce physical plans and building guidelines.viii) KCC should find a lasting solution to the polythene bag waste.

Responses to the issues raised i. The project has a component of civil society participation; the workshop being

conducted was one example of that.ii. KCC would review the failure of KUSP and learn from its shortcomings to avoid

making similar mistakes.iii. On waste disposal, the plan was to find means of turning it into energy and other

uses. The option of banning polythene was beyond KCC and therefore required national action.

Facilitator’s Presentations Cadastral survey The project will be implemented in two phases. In Makindye division, Phase I will cover Mbogo, Kibuli, and St Barnabas roads. Drainage improvement works will cover Prince E Kimbugwe to Hanlon, Railway line/Queen’s way, Namuwongo/Kisugu - Muwuliliza and Ggaba/Nsambya Rd junction at Kabalagala.

128


A cadastral survey will be done to identify and quantify the total land area to be acquired for infrastructural (roads and drainages) development in all the divisions of Kampala city. Valuation of land: All land, buildings and other structures and perennial plants and crops that fall within the demarcated areas will be valued for compensation. This will based on the gazetted rates at the time of valuation. Engineering: This focuses on the city’s drainage system and its effect on the environment, width of different types of roads, markets and waste disposal technicalities.Social Economic Survey: This session highlighted the reasons for conducting a census and how it will be conducted. There was need for consultation to promote cooperation and ownership of the project by all stakeholders. The information collected would be used to guide project implementation, including determining acceptable resettlement packages for those affected.

Envisaged effects of the KIIDP activitiesUsing cards, participants were individually asked to write first, the positive effects of the outlined project activities. These were collected and discussed one by one. Participants were again asked to articulate the possible negative effects of the proposed developments, which were also discussed in a similar manner. The final card writing was to indicate the solutions to the negative effects. The table below shows the summary of the information generated during this exercise.

0-46: Impacts and Solutions Suggested by the Residents in the Meeting

Infrastructure Impacts SolutionsPositive Negative Mobilization/sensitization of the

publicHumps to reduce accidentsReduce political interference Redesign structural plans Affected persons should be given enough time for relocationTransparency and accountability in the resettlement processKCC should enforce bylaws and construction guidelinesGood contractors Affected persons should be compensated

Roads Reduced congestion on the roadsCare for pedestriansReduced stress for road users

Disruption of livelihoods (income, agriculture)Displacement of people in gazetted area. Over population as people will be attracted to the project areas.Apprehension among affected people in relation to compensation Disruption of existing public utilities systems (water & sewerage)Hazards related to construction activities (dust, water logging)Road accidents due over speeding

129


Drainage Control of storm water/ flooding reducedImproved sanitation/ Disease reducedControl of soil erosion

Disruption of livelihoods (income, agriculture)Disruption of settlementsDisruption of transport during constructionApprehension among affected people in relation to compensation

Have concrete drainagesEmploy he local people to clean the themPrevent dumping waste in the drainages

Markets Incomes will increase as people get jobsEasy access to foodImproved sanitation/ Disease reducedGeneral development in the area

Thieves will target marketsDisruption of livelihoods (income), for people who cannot afford the new market prices. Operation problem (management of markets) Poor sanitation

Make stalls affordable Markets should be managed by local leaders/market workersGood planning/Enough space in marketsMarkets to have adequate space and facilities

Waste disposal Pollution and increase in disease if waste management is poor. Who is responsible for removing the waste?How long is the waste supposed to stay in one place?

Teach people how to dispose of waste safely

Roles and Responsibilities of the L.Csi. To mobilize and sensitize their respective communities about the project and the up

coming activitiesii. To assist the consultant’s team in collecting the required informationPlanning the Next StepsParticipants unanimously decided that the consultant’s team start with the St. Bernabas Road. The team was informed of on-going repair works on that road by International Hospital Kampala. This was to be investigated by Engineer Mukalazi who would then inform the team whether to start with that road or not. Work was scheduled to start on Wednesday February, 2006.Recap of the workshopFacilitators went over the key elements of KIIDP and the activities to be undertaken by the consultant. Participants were then given time to ask questions and give their remarks.Remarks/Questions

i. When will the project start?ii. Need for sensitization particularly to those likely to be affected persons

130


iii. KCC/ local government should listen to people’s complaints.iv. There are various interests that should be taken into consideration e,g land owners,

tenants, and those renting.v. KCC should enforce by laws in order improve the state of the cityvi. Give the affected ample time to prepare for relocationvii. What will happen to those owning land but without titles?

Clarifications from facilitating group Compensation will be based on Kampala District compensation rates laid out on yearly basis. There will a desk where affected persons will be able to take their complaints (No payments until the complaints are solved)

The team’s evaluation of the workshop Although the participants welcomed the project, they were skeptical of its progression

due to previous experience. The attendance was disappointing and starting time likely to be a problem.

List and Contacts of the Participants

Name Official position Zone/LCI TelephoneYasini Omar C/man LCI Kanyonza 0772476474Kisitu Swaliki C/man LCI Namuwongo A 0782920297Kisitu Khasifa C/person LCI Namuwongo AKaluge Ismail Defense Sec Namuwongo A 0712848295Kungu John C/man LCI Namuwongo B 0782478793Nsereko David K C/man LCI Kayongo 0772624969Joseph Lubwama Mobilization Sec Namuwongo A 0712853898Otebat Frederick General Sec Muyenga A 0772661104Anyango Teddy Women Sec Namuwongo B 0752936467Masengere E C/man LCI Kanyogoga 0782354421Mugoya Sam Defense Sec Agip 0752989044Nyakahara Teddy C/person LCI AgipKisembo Regina Women Sec Kanakulya 0782501576Bankunda George C/man LCI Kanakulya 0782777972Amin Musa Vice C/person LCI Kelezia 0752342384Peter Lubwama Defense Sec Kelezia 0752948144

131


Sensitization Meeting at Kisaasi Church of Uganda : Date:2/04/2006 Name & Contact No. of Participants Zone1. Mrs. Mugisha Margeret Kalonda Zone

07723741412. Nabaasa Privah Mugasha Kisota Zone 07724606633. Masega Charles Mark - 07724839924. Odoy Phillip - Asoka Family Mukalazi Zone 07725891535. Bernard Lubwama Walusimbi C/Man Kanisa Zone 07129380026. Serwadda George/ManNyika Family Kasana Zone 0782074579/07725721247. Kasirivu William Lutwa Kisasi next Mosque 07726501308. Haji B/C Kasumba Kisaasi ... Kasana Zone 07725330839. Mr. Munyami - Ssali E. Kisaasi station Kisota Zone10. Bombokka Lawrence Kanisa Zone V/C 077250035011. Edward Mubiru Kanisa Zone 077296496312. Ssabwe Steven Kisota Zone 077231450713. Nyombi John Kanisa Zone 077244958914. Kituuma Lawrence Kanisa Zone 077241786915. Kyomuhangi Jenefer Kasana Zone 077260973216. Kayingo Annet Kisota Zone 077253915217. Natukunda Mary Kasana Zone 077212129818. Ampeire Kedreth Kisota Zone 077266822419. Nassali Adia Kisota Zone 078215139420. Nabukalu Beat Kanisa Zone21. Ssebuwufu Salome Kisota Zonme 078219133922. Miss Namirembe Fatumah Kisota Zone 071285472223. Serebe Richard Kisota Zone 077269426724. David Kibuka-Musoke Kisota Zone 077221243225. David Mayanja Kikula Zone 077221243226. Charles Ssekanyo Kisasi Zone 071297956727. Gakyalya Mayi Kisasi Zone 078291218528. Mrs, R. Seruwagi Kisota Zone29. Mulindwa Nkajja Richard Kisota Zone 075264957230. Deogratias Mukasa Mukalazi Zone 075299682731. Haji and Yusufu Salimu Kikuulu Zone 0752355813, 0772422095.32. Ssenyondo Vicent Ntinda 077242275933. David Wampamba Katende Zone 077246370234. Andrew Sempagala Kisota Zone 077258777035. Musimenta B. Julius Kisota Zone 077243482236. Christopher Sewandagi Katende Zone 077283873037. Edith Kamya Kisota Zone -38. Jackson Kasozi Kanisa Zone 075264282239. Penina Katabira Kisota Zone40. Nantaze Esther Mukarazi Zone 077249808741. Baliraine Chris Kanisa Zone 0772615380

132


42. Lubwama John Kanisa Zome43. Mutyaba Moses Kisasi Kanisa Zone

075295281044. Lumala Leonard Kisota Zone 075285281045. Mulumba Kisota Zone 071284988146. Bwandinkya O.K. Kanisa Zone -47. Bulesa Kisota 075295281048. Kigambo Yasin Kanisa Zone 071296373849. Kato Remmy Kikulu Zone 071296202350. Kikomeko Edward Kisota Zone 071296202351. Senoga Solomon Kisota Zone 078232925152. Kigambo Sarah Kanisa Zone

SENSITISATION MEETING FOR MEMBERS OF KISAASI COMMUNITY :VENUE: KISAASI TRADING CENTRE: DATE: MARCH 16, 2006FacilitatorsName RoleDr. A Sebina-ZiwaMr. R MuggagaMr. G BogereMs. D NamirembeMr. A. Kamugyisha

Team Leader/SECLegal AssistantResearch AssistantResearch AssistantResearch Assistant

Participants Name Phone contact1. Kwagala Sarah Nabukeera2. Bamutange K. Flavia3. Nanyami Robinah4. Busingye Mary5. Nangonzi Christine6. Namboze Ruth7. Nabunya Justine8. Segujja SPC9. Namukasa Milly10. G. W Semakula Ssalongo11. Kigambo Sarah

0782 278915

0712 963738

Aspects covered:1) Background of KIIDP2) Historical analysis of existing road3) Envisaged impacts of the proposed road improvements4) Planning for the coming activities5) Feedback from participants

133


1) Introduction and Background of KIIDPThe Government of Uganda has operated through the decentralization system since 1997. Kampala City Council is divided into five decentralized divisions. Part of KCC’s strategic plan is the improvement of roads, drainage, markets, and waste disposal -depending on the priorities of each division. The aim is to upgrade Kampala to a modern city.

In Nakawa Division, the priority for the first phase of The Kampala Institutional and Infrastructure Development Project is road improvement. One of the road sections to be improved is the Kisaasi Road junction, with feeder roads linking into the Northern Bypass. There are various categories of roads with required standard widths to cater for motorists, cyclists, pedestrians, and a reserve for public utilities.

Kampala City Council contracted Geomaps to assess the impacts of the planned infrastructure improvements. Geomaps is to undertake the following tasks:i) Survey of the sections of the infrastructure to be improved in order to identify properties that will be affected.ii) Valuation of the affected properties to determine the cost of compensation as required by the law.iii) Collection of information to determine the nature and extent of the impact of the Infrastructure improvements on the local community. This will involve interviewing the individual people affected.It was explained that there are three categories of people that will be affected; those whose properties will be very much affected and will have to relocate, those whose properties will be partially affected but do not have to relocate; and those operating business activities on affected properties and will need to relocate. There will be compensation or mitigation arrangements for each of those categories. 2) Analysis of events leading to the existing road Participants were asked to recall and mention activities -in which they were involved- that led to the existence of the present road. It was mentioned that meetings between KCC and the community preceded construction of the road. The purpose was to sensitize the residents about the planned road, and also to solicit local financial contribution. The facilitator emphasized the importance of local participation and or support for the success of the project.

3. Expected impacts of the improved roadParticipants were asked to indicate the likely impacts (both positive and negative) of an improved road on the local community.Positive Impacts (benefits) Negative Impacts

i) Will stimulate more developmentii) Walk ways will reduce accidentsiii) Will improve transportation

i) Some business activities will be displacedii) More accidents if speed is not checked

4. Role of the participants in the upcoming survey activitiesThe participants were sensitized on the importance of the assessment that Geomaps was to undertake. In view of their appreciation of the planned road improvement, participants were asked to state their role in the upcoming survey activities. They said they would:-

134


o inform other community members about the planned road improvement and the upcoming assessment

o encourage the community to cooperate with the assessment teamso would advise the affected people not to remove the pegs marking off the affected

properties5. Questions and ResponsesParticipants were then allowed time to ask questions related to what was covered.

Qn: What will happen to those who already have developments in the existing road reserves?Ans: Those already with developments in the reserves will be compensated. But those who will violate the reserves after the survey may lose out.Qn: When will implementation of the road improvement start?Ans: Information from KCC says 24 months after the survey. But this will also depend on the quality of proposal submitted to the funding bodies.Qn: Will those who do not own the affected land but have settled on that land for a long time be compensated?Ans: Both the land owners and lawful tenants will be compensated but in varying proportions in favor of the tenants that have invested on the land9.Qn: Will those who are operating at the market and are displaced be compensated?Ans: Those will be identified and helped to find where to operate. If it is owners of the land, they will be verified and compensated. Others may be assisted in different ways.

9 All eligible occupants of the land will be compensated as per the RAP. Refer to Section 6.4 – Eligibility and Cut-0ff Dates

135


SENSITISATION MEETING FOR COMMUNITY ALONG KALERWE-TULA ROAD HELD ON 29/3/2006 AT KAWEMPE CHURCH OF UGANDA PRIMARY SCHOOL

Agenda1. Prayers2. Chairman’s Remarks3. Message from Geomaps4. Participants’ Reactions5. AOB

1. Chairman’s RemarksThe Local Council I Chairman, Mr Swaib Serugooti, thanked those present for the big attendance and expressed sympathy for those who were sick and were unable to attend. He then explained that he had called for the meeting in response to Geomaps’ request. In appreciation of the invitation, one participant expressed that they were ready to listen to what the visitors were to say.

2. Introduction of KIIDPAfter self-introduction by the Geomaps team, Mr Bogere explained that Kampala City Council had initiated a programme for improvement of roads, drainages, markets and garbage disposal. This was because some of the existing markets were too small and in poor condition. Most roads were narrow or in poor condition. The drainages were not enough. Also, garbage disposal facilities were inadequate. For Kawempe Division, some of the roads to be improved are Kalerwe-Tula and Kawempe-Mpererwe. This would include upgrading and widening them, and acquiring land for a reserve.

Dr Sebina –Zziwa explained that KIIP is a new way of how government was working. Focus was on infrastructure and institutional development with emphasis on the participation of the people. KCC had five divisions and each was to benefit from KIIDP. A survey had been conducted to assess the conditions on the ground and determine the priorities of each division. In the first phase of the project, the two roads in Kawempe Division were to be upgraded to Grade One status. The planned developments would affect land, buildings and other structures, and activities. This necessitated identifying and seeking the views of those affected.

3. The Role of GeomapsAs the planned improvements would affect some properties and activities in the localities, KCC contracted Geomaps to survey, value affected properties, and collect information about the affected people and activities. This would guide KCC in deciding what could be done about those affected.The participants were then urged to inform other people along the corridor - land owners, those with business activities and tenants- about the upcoming activities.

4. Participants’ Reactions and Responses from the Geomaps TeamThe participants’ reactions were mainly in form of questions that were duly answered by the Geomaps’ team. The questions and answers were as below:

Qn: Is the width of a planned road fixed? Otherwise there will be very many

136


properties affected along the Kalerwe-Tula Road. Ans: Technically, a road has to meet specific requirements in order to ensure safety, ease traffic flow and to accommodate drainages. If the cost of compensation is too high, the plan can be modified but still ensuring safety of using that road.Qn: For those affected, will they be compensated first?Ans: Yes, compensation and notice to construct the road will be given first. The compensation will cover affected parcels of land, buildings and other fixed structures and trees or crops..Qn: What if the compensation offered is below the cost of the affected property?Ans: Depending on the area, there are given rates for land, buildings, and trees. However, if the property owner is dissatisfied, negotiation is possible.Qn: Will compensation take into account the inconvenience caused to the affected person?Ans: Yes. One of the conditions to be met before implementing the project is that there is satisfactory compensation .Qn: Is it possible to buy a plot and build a similar house for the affected person?Ans: KCC seeks the opinions of the affected people and looks at various options of how to help them.Qn: How can kibanja holders avoid being cheated by the land owners?Ans:The law recognizes kibanja holders. The owner of the developments on the land takes the full compensation and a percentage of the compensation for land.Qn: There is a drainage that passes through my parcel of land. How will this case be considered?Ans:The affected parcel of land will be valued and compensated.Qn: Our present road is on private land. If more land is affected, will land already taken be compensated?Ans: Both the old and new parcels of affected land will be compensated and then KCC takes ownership of that land.Qn: If my plot is affected and public utilities further encroach on it, what shall I remain with?Ans: The planned road improvements include road reserves for the purpose of accommodating public utilitiesQn: If there is a tenant on the affected land, who will take the compensation?Ans: The land law recognizes tenants that have been on land for at least 12 years. That person will take part of the compensation. If there are any disputes, KCC has a mechanism for resolving them10. Qn: When will construction of the road start?Ans: It is planned for coming financial year. However, the preparatory activities have started.Qn: Can KCC do some repairs in the mean time?Ans: That’s for KCC to decide.Qn: Valuers usually find excuses for undervaluing properties, for instance if there is no plan for the building.Ans: There are different rates for different categories of buildings and payment is per

10 All tenants and occupants will be compensated as per Section 6.4 –Eligibility and Cut-Off Dates, regardless of the duration of stay.

137


square meter of built up area, but the issue of plan does not arise. When valuation is done, the LC and owner of the property have to endorse the completed form. Any developments on the land after that will not be considered.Qn: Someone may be planning to put up a building. What should we do?Ans: It is better to wait until the survey to know whether that parcel of land is affected.Qn: If a house is not affected and is very close to the marked road reserve, will it not crack due to vibrations during construction? Ans: You will be advised on how far away a building should be from the road. If it is too close, it will be compensated and demolished.Qn: If a building is affected and there is still enough space for putting up another, can I build there?Ans: When a building is compensated, it is only the land that it is sitting on that is acquired. You can put up another building unless there is not enough space for you to remain on that land.5. AOBi)The Chairman informed the Geomaps team that the people called for the meeting were the property owners. Those operating businesses were not present. The facilitator observed that the property owners were very crucial. They had to know why Geomaps was doing the survey; otherwise they would react angrily. They should inform those renting on their properties about the upcoming activities. The Geomaps team would identify the people to interview.

ii) A participant asked Geomaps to inform landowners in advance when the survey would take place so that they are present. It should not be their wives to be involved. The facilitator answered that it was not possible to give a date at that time. However, the survey would be soon and the LC Chairman would be notified. If it’s the wife found at the property and interviewed, Geomaps would contact the husband for crucial information.

As there no other matters raised, the Chairman thanked those present for the very good attendance. In a closing prayer, one participant asked the Lord to guide those concerned with the project to handle the affected people fairly.

138


Sensitisation Meeting at Kawempe Church of Uganda Primary School :date: 29/03/2006 Name of participant Zone1.

Nalongo Joyce Kavuma Lutunda2. Lugoloobi Billy Lutunda3. Nambi Christine Kiyanja4. Namubiru Norah Mugalu5. Kachengyi Nuulu Kilokore6. Mary Nviri Blue 7. Luyima Simon Kiyanja8. Kiyingi Douglas Kirokore9. Erimerida Nalugooti Mugalu10. Nabiriibwa Efransi Kiyanja11. Kiwuwa Asanasiyo Kayanja12. Kabogoza Sepi Kirokole13. S.M. Semakula Kayanjae Mpererwe14. Namaganda Prossy Kiyanja15. Nalubuusi Ann N. Kiyanja 16. Mukasa Hadijha Kirokole17. Kasozi Yusuf Kirokole18. Kalumba Samson Kirokole19. Nakakande Joyce Kirokole20. Jennifer Wasswa Kirokole21. Amuza K. Mukisa Kirokole22. M.S. Semanda Kilokole23. Byamugisha Gadi Kilokole24. Mulwadde Caleb Tula25. Kasozi Henry Kirokole 26. Rose Iga Kinawozo Kiyanja27. Yalyakumanyi Sepi Kirokole28. Nakawooya Josephine Kirokole29. Luuka Kirokole30. Serugooti K. Swaib Kirokole31. Katongole Abasi M. Kirokole

32. Justine nantege Kiyanja33. Justine Nakitto kwagalakwe

Kiyanja34. Ssemakula Ronald Mugalu35. Nabakooza Magret Kirokole36. Luwalira Yusufu Kisokose37. Kigozi Henry Kirokole38. Kaggwa Sendagire Kirokole39. Namakula nabunya Harriet

Kirokole40. Musoke Willy Kirokole41. Nsubuga Hamza Kirokole42. Sembakitta Abo Kirokole43. Nsubuga Siraje Kirokole44. Sasoma W. Kisakye Kirokole45. Ibulaimu Bunnya Kirokole46. Ssentongo Godfrey Mpererwe (Kiyanja)47. Wamala Richard Kirokole48. Babirye Margret Kirokole49. Ssentamu Abdul Kirokole50. Kayimba David Kiyanja

Mpererwe51. Major Frank Kyakoni Kisalosalo52. Kirabira Asuman Kirokole53. Muyimbwa Robert Mugalu54. Bebon Kato Nganda Tula55. Nalongo Senoga Kirokole56. P.N. SSendaula Kirokole57. Miriam Nakitto Kirokole58. Namakula Aisha Kirokole

139


MINUTES FOR THE SENSITIZATION MEETING FOR COMMUNITY ALONG KALERWE ROAD HELD AT TAIBAH HIGH SCHOOL ON APRIL 1, 2006 AT 3.00PM

Facilitators1. Dr. Abby Sebina-Zziwa2. Miss. Namirembe Deborah Agenda1, Introduction 2. Background to KIIDP 3. Plenary discussion and Responses to Issues raised4. A.O.B5. ClosingMinute 1: IntroductionThe Dr. Sebina welcomed all community members present and thanked them for heeding the call for this meeting albeit at short notice. She introduced herself and her collegue to the meeting.Minute 2: Background to KIIDP Dr. Sebina informed the meeting that Kampala City Council in a bid to improve service delivery has come up with the Kampala Institutional and Infrastructural Development Project (KIIDP). The project targets improvement of both infrastructure and institutions in the five divisions of Kampala City. All divisions are to benefit from this project.

The infrastructure to be improved includes roads, drainages, markets and garbage disposal. facilities. In Kawempe Division, the roads to be improved upon are Bukoto - Kisaasi; Kalerwe- Tula and Kawempe - Mpelerwe . All these roads are attached to the Northern Bypass (Highway). In order to accomodate traffic flow from the Northern Bypass, it is planned that these roads will be widened; and therefore a number of persons along the roads may be affected in one way or another. It is in this respect that KCC commissioned Geomaps Africa, which is a private company, to come up with a Resettlement Action Plan.

She further explained that the team has to carry out community sensitization, cadastral survey, valuation and social economic census of all the affected persons. Previously projects took place without taking into consideration the affected persons especially the vulnerable groups (women, children and persons with disability). Therefore in order to help out such groups, the team needs to know all the affected persons and also get their ideas about the project. Depending on the results, recommendations are presented to KCC for implementation.

Dr Sebina also noted that the planned has been reduced from 20 metres to 15 metres. This is so because people constructed very close to the existing road, which make disruption of the people and compensation too high.

Minute 3: Plenary discussion and Responses to Issues raised If the planned width has been reduced, won’t the road have a reserve? Let KCC plan

now and expand the road for future development of the area. Who compensates the affected person, and when? If building has no plan, are there problems of compensation?

140


What is the form of payment as the road passes through my property? Will KCC take into consideration inflation, and non-use of the property? How do the affected persons get in touch with the project officials? Is KCC using independent valuers? This time around the compensation for land and

buildings should be commensurable to their true value of the land. The issue of public utilities such as power lines, water pipes, optical fiber cables etc is

important aspects. The question therefore is whether the marked part will accommodate these utilities.

How will compensation be apportioned between land-lord and tenant where a kibanja holder is affected?

Dr. Sebina explained that there are different road sizes depending on the road use. In situations where people have already settled, it becomes difficult to expand the road. If the amount of compensation is higher than that for improvement, it is not economical to go ahead and improve it. In any case, if it comes out in the questionnaires that people need an expanded road and/or through consensus (land/property owners and the help of LCs to promote the idea) of the people in the area that they need a standard road, KCC can plan for it.

About who pays and when, for any project to take place there should be a feasibility study. Before the actual implementation, government must pay the affected land/property owners. In his case, the Geomaps team will make a report on how much is needed to compensate the affected persons.

At the time of compensation i.e. within a period of 24 months, only properties found on the marked land at the time surveyors and valuer passed through will be paid. That’s why the question-. ‘Have you sold part of your land in the last 3 months” is asked. The valuer does not consider whether the house is on plan or not. She also cautioned members to desist from erecting structures on the marked off part as this will not be included in the estimation of losses and computation of compensation packages. The coming social economic census and valuation therefore establish the cut-off for compensation. LCs should inform people not to remove surveyor’s markings and also inform people not to fall in the trap of buying properties/land in the marked corridor. Also, government should not approve plans or process titles for land on the roads in question without verification.

On the issue of compensation, Dr. Sebina further explained that the Geomaps team has a valuer. Before compensation. KCC and the government valuer will meet to agree on the compensation packages. KCC sets and publishes compensation rates in the media to be used at the beginning of every fiscal year. It is these rates that are used while valuing the affected properties. KCC will advertise in the papers to go to designed company/place and see how much they’ll be compensated. However, in the event that the property owner is not satisfied with the compensation package, there are avenues/desk through which redress can be sought

4. A.O.BDr. Sebina asked the participants what improvements they would like to be considered for their road. They suggested lights, drainage, sewage systems, humps, walk-ways, cyclists’ paths, road signs and wide roads. She explained that in order to achieve this, there is a price to pay, not only

141


by the people in the area who might forego their land/property but also the government.. All parties have to work together to have a standard road

List of participants.

Name of participant Zone Contact

1 Aisha Zilaba Bishop Mukwaya

0752 628180

2 Nganda Joseph Bishop Mukwaya

0782 615914

3 Wantate MusokeBishop Mukwaya

4 Galiwango Kizito Kakungulu

5Hon Hajji Dr. Sempebwa Kakungulu

0772 501641

6 Kawuki Amina Kakungulu 0752 943650

7Khalil Asimwe Rehema Kakungulu

0772 328439

8 Kiberu Sauda Kakungulu 9 Kiwanuka N Kakungulu 10

Luwema James Monday Kakungulu

0772 858286

11 Misisi Christine Kakungulu 12

Musa Ntulume Sebaduka Kakungulu

0772 500810

13 Nakku Zamu Kakungulu 14 Namakula Milly Kakungulu

0752 817340

15

Namalwa Madina Kakungulu

16 Namugeni Milida Kakungulu 17 Nassiwa Sumiini Kakungulu

0782 433782

18

Nsubuga Abubaker Kakungulu

0772 445566

19 Nsubuga Bashir Kakungulu

0772 466964

20

Nsubuga Ibrahim Kakungulu

0772 651122

21

Odong Khalil Bakhit Kakungulu

0772 414597

22

Ssentamu Adinani Kakungulu

0782 454660

23 Mugalu Hamza Kibe

0712 858301

24

Nabanjala Gorreti Kisenyi

0782 918175

25

Nabantazi Specioza Kisenyi

26

Nakanwanji Ayisa Kisenyi

27

Nyakojo Patrick Sande Kisenyi

28 Opio Tom Kisenyi 29

Bwettenge Vincent Mbogo

30

Hajat Latifah Nalubwama Mbogo

0712 126143

31 Kakooza Hassan Mbogo

0772 852238

32 Lule Muhamad Mbogo

LC1 Chairman

33

Masgazi Rahmah Mbogo

0772 445566

34

Muyise K. Ahmed Mbogo

0772 529246

35 Ntambi Hassan Mbogo

0772 448790

36 Ssagala Paul Mbogo

0772 426887

37 Tugume Mariam Mbogo

0712 196668

38 Tofa Mulinya

Sekanyonyi

39 Kabuye Andrew 40

Mugalu Kyeswa Abdul

0782 588082

41 Muise Dirisa

142


143


MINUTES OF THE SENSITIZATION MEETING FOR PERSONS ALONG KAWEMPE – TTULA ROAD HELD AT CLUB AFREKA ON APRIL 3, 2006 AT 4.00PMFacilitators1. Dr. Abby Sebina-Zziwa- GEOMAPS AFRICA2. Miss. Namirembe Deborah - GEOMAPS AFRICAAgenda

1. Introduction by the Geomaps team2 Background to KIIDP 3. Plenary Discussion and Reactions to Issues raised4. A.O.B5. Closing

Minute 1: Introduction by the Geomaps teamThe Dr. Sebina welcomed all community members present and thanked them for heeding the call for the meeting. She then introduced herself and her colleague. Minute 2: Background to KIIDP Dr. Sebina informed the meeting that Kampala City Council in a bid to improve service delivery has come up with the Kampala Institutional and Infrastructural Development Project (KIIDP) which targets improvements in both infrastructure and institutions in the five divisions of Kampala City. All divisions have to benefit in one way or another from his project.

The planned improvements include roads, drainages, markets and garbage disposal. KCC asked Parish Development Committees (PDC) to prioritize roads, drainages and markets that need to be worked on. In the case of Kawempe Division, first priority was the roads and those selected for improvement include Bukoto-Kisaasi; Kalerwe-Tula, and Kawempe-Mpelerwe. There are various types of roads in Uganda, for example, highway, standard, feeder roads etc. The three roads are to be upgraded to bitumen and are connected to the Northern Bypass which is a highway.

In order to accommodate traffic flow from the Northern Bypass, there is need to widen the existing roads connected to it. Therefore, a number of persons along the roads may be affected in one way or another. The new roads have to take into consideration safety for road users, cost, environment, people’s livelihood etc. It is in this respect that KCC commissioned Geomaps Africa to identify properties and persons to be affected, and advise KCC on the appropriate resettlement arrangements. Geomaps therefore had to carry out community sensitization, cadastral survey, valuation and a social economic census of all the affected persons. Previously, projects took place without taking into consideration how people in the area would be affected. Now government and funding agencies insist that people to be affected by a project should be identified and their views sought. Minute 3: Plenary Discussions and Reaction to Issues Raised

When they expand the road, what about the drainages? Is KCC using independent valuers? Will compensation be commensurate with the true

value of land and buildings this time? Will compensation for land and buildings be fair? Such situations where for instance a

house veranda is affected by the development should be considered.

144


How do they compensate for the affected land in regard to land owner and tenant, and when?

When will the project start?

o It was explained that when they’re improving the road, they have to work on the drainage as well. However, the drainages can’t be very large especially in places where people have already settled.

o She explained that KCC cannot be the lawmaker, valuer, and payer. Geomaps team has an independent valuer. At the time of compensation, Geomaps, KCC and government valuers will meet to harmonise the compensation packages. KCC uses independent people who are not biased.

o On the issue of compensation, Dr. Sebina informed members present that KCC sets and publishes compensation rates to be used at the beginning of every fiscal year. It is these rates that will be used while valuing the affected properties. All affected persons are paid. However, in the event that the property owner is not satisfied with the compensation package, there are avenues through which redress can be sought.

o In the case of tenant/kibanja holder- landlord relationship over a piece of land, the former shall receive compensation for buildings and crops thereon and a proportion of the value of the expropriated land. The actual percentage will be made known.

o At the time of compensation (which should be within a specified period), only properties found on the marked land at the time surveyors and valuer went there will be paid. That’s why, for instance, landowners are asked whether they have sold part of their land in the last 3 months. The valuer does not consider whether the house is on plan or not. Landowners were cautioned to desist from erecting structures on the marked off part as this will not be included in the estimation of losses and computation of compensation packages. The social economic census and valuation therefore establish the cut-off for compensation. Local Council officials should inform people not to remove the surveyor’s markings and also to warn people not to fall in the trap of buying properties/land in the marked corridor.

4. A.O.BThe participants were what they would like have on their road. They identified; lights, drainage, sewage systems, humps, walkways, cyclists’ paths, road signs and wide roads. Dr Sebina explained that in order to achieve this, there was a price to pay by not only the people in the area who might loose their land/property but also the government and the country at large. All parties have to come together to achieve the desired road. In addition, the relevant laws had to be obeyed.

As there were no other issues to discuss, participants were thanked for their attendance. The meeting ended at 6.45 pm.

145


MINUTES OF THE SENSITIZATION MEETING FOR PERSONS ALONG SECONDARY 2 DRAINAGE CHANNEL HELD AT NATEETE MODERN PARENTS SCHOOL ON APRIL 12, 2006 AT 4:00PM

Facilitators1. Mr. Bogere George2. Miss Namirembe Deborah

Agenda1. Introduction 2. Background to KIIDP 3. Plenary discussions4. Reactions to Issues raised5. Closing

146


Minute 1: Introduction by the Geomaps teamThe Mr. Bogere welcomed all community members present and thanked them for coming to the meeting in spite of the short notice. He and his colleague and then the participants introduced themselves.Minute 2: Background to KIIDP Mr. Bogere informed the meeting that Kampala City Council, in a bid to improve service delivery, initiated the Kampala Institutional and Infrastructural Development Project (KIIDP). The project targets improvement of both infrastructure and institutions in all the five divisions of Kampala City. The infrastructure to be covered includes roads, drainages, markets and garbage disposal facilities.For Rubaga Division, the roads selected for improvement are Kimera, Kabaka Anjagala and Hoima. There is also a drainage channel to be worked on. This is the channel in Nateete, which stretches from Jjunju Road to Nalukolongo Channel. In this case, improvements will necessitate widening of the existing channel and therefore some properties and persons along it will be affected.It was in this respect that KCC commissioned Geomaps Africa-a private company-to carry out community sensitization, a cadastral survey, valuation and a social economic census in the project area. This would help to identify those affected and how they are affected so that appropriate compensation and other resettlement measures are worked out.Minute 3: Plenary DiscussionIssues raised Why are you interested in only the upper part of the drainage when the lower one is the most

problematic? You’re going to work on only the drainage, but in most cases works on the road go hand in

hand with the drainage. If the drainage is passing just close to the house, is it necessary for one to move away? The channel is passing through private land. Is it only those people on the land who are

going to be paid? How will compensation be apportioned between landowners and kibanja holders? When does the implementation of the project start? During implementation stage, are the people in the area going to be employed? You’re going to work on the road but people dump rubbish in them. What are the plans to

maintain them? LC I officials do not get salaries. When you look at the drainage close to play field, you feel sorry for the taxpayers.

People construct toilets close to the drainages. What is KCC’s plan?Responses to issues Raised For KCC to plan such a project, it has to first consult Parish Development Committees

(PDC). PDCs in this case determined that the drainage channel should be worked on first. Due to resource constraints, the project is in phases and the lower part of the channel is also in phase one. Improvement of the road will be in a different phase.

The size of the drainage depends on the volume of water. The engineers on our team also took into consideration the drainage reserve. But compensation costs should not be more than construction costs. KCC is only interested in what is adequate but not to displace very many people.

On the issue of compensation, Mr. Bogere informed members present that KCC sets and publishes compensation rates to be used at the beginning of every fiscal year. It is these rates that will be used while valuing the affected properties (land, housing and other


structures, trees and crops). However, if the property owner is not satisfied with the compensation package, there will be a desk to handle their complaints.

For land title holders and tenants/kibanja owners, the tenant receives compensation for developments on the land and a percentage of the value of the expropriated land and the landlord gets some percentage of the value of the land. The exact percentages will be publicized before compensation.

Construction was likely to start in the middle of the following year after securing funds. But compensation, which should be within a period of 24 months, will only cover properties marked off and valued by the Geomaps team. The social economic census and valuation therefore establish the cut-off point for compensation.

Geomaps is just a consultancy firm. Before construction, KCC will advertise the tender for that job. KCC may or may not include in the terms of reference for implementing firms to employ the local population.

Proper garbage disposal requires combined effort by KCC and the residents. It is important that KCC puts garbage collection containers in convenient places; but also the people must be willing to provide space where to place the containers.

The Geomaps team thanked those present for their participation. The meeting was then closed with a word prayer from one of the participants.Attendance ListS/No. Name Zone Contact1 Kiwanuka Ronald Kigagga 0772 6352882 V. Chairman Kigundu Kigagga 0772 6174933 Hajji Ssekiwunga Zakariya Kigagga 0782 3656434 S. Lubowa Salongo Kigagga 5 Salongo Serubiri Simon Kigagga 0712 9321986 Nalunkuma Matilda Sentogo Kigagga 0412 2739087 Kavuma Robinah Kigagga 0782 1065858 Buyungo Elias Kigagga 0772 4044779 Ssembatya Ssaka Kigagga 0782 57987810 Kabuuka Rose Kigagga 0772 98888911 Mbeketa Gladys Kigagga 12 Nankinga Victoria Kigagga 0772 95346913 Nankya Resty (Wmen Sec) Kigagga14 Lubaga Moses Kigagga 0772 83211615 Lukyamuzi Namuli Kigagga 0772 85328916 Kitumba Umaru Kigagga 0772 474111