Uganda - Road Development Program (Phase 3) Project : resettlement action plan (Vol. 1 of 4) : Resettlement and land acquisition policy framework

RP 00 November 2001 THE REPUBLIC OF UGANDA MINISTRY OF WORKS, HOUSING AND COMMUNICATIONS ROAD DEVELOPMENT PROGRAMME PHASE 3 RESETTLEMENT / LAND ACQUISITION POLICY FRAMEWORK NOVEMBER 2001 PREPARED BY: ROAD AGENCY FORMATION UNIT P.O. BOX 28487, KAMPALA. FILE~~ COPY 5  TA BLE OF CONTENTS PAGES NOS 1.0 INTRODUCTION 7 1.1 Background 7 1.2 Purpose of the project 7 1.3 Purpose of resettlement/land acquisition 7 1.4 Resettlement as development 8 1.5 Political commitment to resettlement 8 1.6 The project, affected sites and potential new resettlement 9 2.0 INSTITUTIONAL AND LEGAL FRAMEWORK 9 2.1 Institutional responsibilities 9 2.2 Legal Framework, laws, and regulations 10 2.2.1 The Uganda Constitution ( 1995) 10 2.2.2 The Land Act (1998) 10 2.2.3 Land Acquisition Act (1965) 10 2.2.4 The Roads Act 1964 11 2.2.5 The Town and Country Planning Act 1964 12 2.2.6 The Local Government Act 1997 12 2.2.7 The Access to Roads Act 1965 12 2.2.8 By Laws 12 2.3 World Bank Safeguard Policy on resettlement 13 2.4 Differences between Uganda Laws and the World Bank Policy 14 3.0 SOCIO-ECONOMIC PROFILE: BASELINE SURVEYS 15 3.1 Identification of project affected people 15 3:2 Demographic information 15 3:3 Land tenure regimes 16 3.3.1 Customary tenure 16 3.3.2 Freehold tenure 17 3.3.3 Mailo tenure 17 3.3.4 Leasehold tenure 17 3.3.5 Licence' or 'Share cropper' 17 3.4 Farming and additional/other income-generating activities 17 3:5 Host community 18 4.0 COMMUNITY PARTICIPATION 18 4.1 Stakeholder analysis 18 4.2 Community mobilization and participation strategy 18 4.3 Office services, information and documentation 19 4.4 Involvement of the local government. 20 4.5 Involvement of NGOs 20 5.0 COMPENSATION SYSTEM 21 5.1 Inventory of impact of individual and communal properties 21 5.2 Criteria and strategy for compensation for land, houses, crops 21 other property 5.2.1 Criteria and eligibility for compensation 21 5.2.2 Land 22 5.2.3 Structures and Assets 22 ROPP3 - R geleYmt I Lnmd Acquif tsi PotiCy Fra(Smrk  5.2.4 Crops and Trees 23 5.3 Strategy for income restoration 23 5.4 Training and manual labor opportunities 23 5.5 Conflict resolution and grievances system 23 6.0 IMPLEMENTATION OF RESETTLEMENT/COMPENSATION 24 6.1 Resettlement Impacts and Mitigation measures 24 6.2 Provision of infrastructure and services 25 6.2.1 Individual houses 25 6:2:2 Drinking water system 25 6.3 Environmental Management 26 6.4 Payment procedures of compensation 26 6:5 Rehabilitation of incomes 26 6:6 Assistance to vulnerable people 27 6:7 Time schedule: summary of activities 27 6.10 Outline for Resettlement Action Plan 28 7.0 RESETTLEMENT BUDGET 30 7.1 Financial responsibilities 30 7.2 Approximate cost breakdown 30 7.2.1 Component Compensation Costs 30 7.2.2 Direct compensation items 31 7.2.3 Resettlement Costs 31 7.2.4 Administrative Costs 31 8.0 MONITORING AND EVALUATION SYSTEM 31 8.1 Monitoring the resettlement process 31 8.2 Evaluation of the actual results 32 9.0 CONCLUSION 35 10. APPENDICES Appendix 1: Map of Uganda showing major road development projects Appendix 2: World Bank Directive 4.30 - Involuntary Resettlement ROPP3 . Reseteflewt I Land AMQ mitio Policy Fmn'Aoui  EXECUTIVE SUMMARY 1.0 Introduction The Govemment of Uganda (GOU) is implementing a Ten Year Road Development Programme (1996197 - 2005/06) for the classified road network. The primary objective of Road Development Programme Phase3 (RDPP3) is to improve access to rural and economically productive areas by removing major constraints to transport services on Uganda's road network. The road investment expenditures include contribution by Uganda's development partners. All RDPP3 Projects must comply with GOU as well as Donor safeguard policies. This brings into focus the need for Uganda to have a Resettlement Framework that takes into account these requirements. The main objective of land acquisition and resettlement is to ensure that the displaced people receive benefits from the displacing project. Compensation should aim to minimise social disruption and assist those who have lost assets as a result of a road project to maintain their livelihood through income restoration. Effective and efficient resettlement of people requires a good resettlement policy, appropriate legal framework, suitable institutional arrangements, adequate resources and planning guidelines. The purpose of this Resettlement Policy Framework is to present an appropriate approach to resettlement planning for road projects in Uganda. 2.0 Institutional and Legal Framework In the context of the road sector in Uganda, there are at least three actors involved in resettlement. These are the Ministry of Water, Lands and Environment (compensation), the Prime Minister's Office (resettlement) and RAFU (Lead Agency). RAfU, as the Lead Agency of the RDPP3, will take responsibility for resettlement and identifying and coordinating all the other players in resettlement. The position of the govemment of Uganda in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Ugandan laws. The following constitute the legal framework within which resettlement and compensation should take place. The laws include:-the Uganda Constitution ( 1995); the Land Act (1998); Land Acquisition Act (1965); the Roads Act 1964; the Town and Country Planning Act 1964; the Local Govemment Act 1997; and By Laws World bank Operational Directive OD 4.30 on "Involuntary Resettlement". requires that displaced persons should be compensated at full replacement cost, assisted with relocation/resettlement and during transition period. The developer should be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable. ROPP3 - Resefl~ I Land Acoussi0on Policy Framewo,  There are some differences between the World Bank Policy and the Ugandan Laws on Resettlement and Compensation. While for instance the Ugandan Laws restrict themselves to fair, adequate and prompt compensation (which is interpreted to mean cash), the World Bank policy extends it to providing altemative land and resettling the persons. 3.0 Socio-Economic Profile: Baseline Surveys It is important that comprehensive baseline surveys of affected populations/communities are done. Inadequate baseline data can result in project planners lacking a realistic picture of the numbers or the social and economic organisation of the people affected by the road development. A comprehensive survey of affected populations/communities should cover the following: Identification of project affected people; Demographic information; Land tenure regimes; Farming and additional/other income-generating activities and the: 4.0 Community Participation Public involvement will assist in the following:- * Identifying cultural and communal property; * Identifying cultural/social groups which should move together; * Sensitisation of both host and resettlement communities. This should be done well in advance; * Identiflcation of various resettlement altematives; * Identification of vulnerable groups, which should be protected. Such groups will include disadvantaged women, the disabled; the landless, the orphans, and other minorities; As a matter of strategy, public consultation and involvement should be an ongoing activity taking place through out the entire /project cycle. They should be consulted in planning resettlement, and should play a key role in implementation at grass roots levels. NGOs with experience, knowledge of, and contacts with PAPs can assist a resettlement agency effectively in many ways. 5.0 Compensation System Affected persons irrespective of their status (whether they have formal title, legalizable rights, non-legalizable) are eligible for some kind of assistance if they occupied the land before the entitlement cut-off Compensation covers: Land, Structures and Assets, and Crops and Trees, Resettlement plans must target restoration of lost incomes due to the road projects. It is envisaged that a number of issues (grievances) will come up as a result of land acquisition by the project. A system must be put in place to settle these issues amicably through recognised institutions such as ROPP3. Resedlenwn I Land Ac4uiuon Policy Fnmrmwvk  local councils, land boards and land tribunals to the satisfaction of involved parties. 6.0 Implementation of ResettlementUCompensation Resettlement losses most often arise because of land acquisition, through expropriation and the use of regulatory measures, to obtain land. To ensure that some people are not disadvantaged in the process of development, it is important to avoid or minimize resettlement effects. If resettlement is unavoidable, the Govemment should help restore the quality of life and livelihoods of those affected. Community infrastructure must be replaced and ideally improved in situations where it was deficient. This includes installation of sanitary and waste product facilities, electricity generation systems, road links and provision of water. It is essential that a resettlement timetable, which is well coordinated with proposed roadworks activities, is put in place so that the resettlement exercise is not left to be implemented towards the end of the road project.. 7.0 Resettlement Budget It is necessary to prepare an adequate budget to meet the costs of resettlement. If the budget is too low, then the funds will be inadequate and this will /ead to delays in implementing the RDP: Secondly, if the budget is excessive, it may discourage donors from investing in that particular road, and the Govemment may not be able to afford such costs. 8.0 Monitoring and Evaluation System The evaluation of results of environmental and social mitigation of the effects of road development can be carried out by comparing baseline data collected in the planning phases with targets and post-project situations. Monitoring and Evaluation will be carried out by RAFU. 9.0 Conclusion: Good practice in resettlement planning and implementation are the key to fulfilment of objectives of involuntary resettlement. It encompasses among others the following:- minimizing or eliminating involuntary resettlement, carrying out social economic surveys and census of people affected early in the project preparation; involvement of all stakeholders, compensating all affected persons and appropriate income restoration programs., ROPP3 - Res,et i Land Acqu> w Pvicy F  1.0 INTRODUCTION, 1.1 Background The Government of Uganda (GOU) is implementing a Ten Year Road Development Programme (1996/97 - 2005/06) for the classified road network. The road investment expenditures include contribution by Uganda's development partners. Among them are the World Bank, European Union, African Development Bank and Nordic Fund. Each has pre-requisite resettlement standards. All RDP Projects must comply with GOU as well as Donor safeguard policies. This brings into focus the need for Uganda to have a Resettlement / Land Acquisition Policy Framework for the road sector that takes into account these requirements. This framework puts forward a procedural guide for reseKtlement/land acquisition, against the current legal and policy framework in Uganda. Also included in the document are guidelines for public participation and consultation, which are fundamental requirements when issues of compensation and resettlement arise. 1.2 Purpose of the projects The Road Development Programme (RDP) covers road network improvement, road network administration and capacity building. The primary objective of RDPP3 is to improve access to rural and economically productive areas by removing major constraints to transport services on Uganda's road network. The programme, which consists of 4 phases, including RDDP3 will also support actions aimed at strengthening further road sector management and the implementation of other Road Sector Development Programme activities. 1.3 Purpose of resettlementlland acquisition Under the road improvement component (i.e upgrading, rehabilitation and maintenance), it is likely that communities will be affected. This is particularly true of areas where roads will pass through people's properties and dwellings. This may lead to involuntary displacement of people and to the need for land acquisition, resettlement, and compensation. Because involuntary displacement disrupts and impoverishes communities, it should be avoided, or at least minimised. If displacement is inevitable then displaced persons should not only be adequately compensated for their losses, but they should be given opportunities to share in road project benefits, and assisted in improving their livelihood. The main objective of land acquisition and resettlement is to ensure that the displaced people receive benefits from the displacing project. Involuntary resettlement, therefore, should be an integral part of the RDPP3 projects and should be handled at the onset of the project, i.e at the planning and feasibility stages, and throughout the project cycle. When communities or individuals are displaced, it is likely that production systems are dismantled, kinship groups may be scattered, RDPP3 * Reset!f t I Land AC@Uibm Policy F'u'1Wn,  jobs may be lost, and social networks may collapse leading to a number of other socio-economic problems. The involuntary resettlement plan should consider all these socio-economic aspects of the affected people. Article 26 of the 1995 Constitution of Uganda, states that compulsory deprivation of one's property is prohibited except when taking possession or acquisition is necessary for public use. If this is proved to be the case, as for a road, then acquisition is subject to prompt payment of fair and adequate compensation. Compensation should aim to minimise social disruption and assist those who have lost assets as a result of a road project to maintain their livelihood through income restoration. 1.4 Resefflement as development The concept of programming resettlement as development is increasingly gaining appreciation. In this respect, good practices are those that (a) focus on means of livelihood rather than on assets (b) assume an inclusive relationship between people and assets, and (c) admit negotiated just compensation. The record indicates that in cases where compensation packages were negotiated with project affected people and other stakeholders, the process has resulted in better outcomes for the resettlement process as a whole. This is mainly because people tend to feel more satisfied, as a result of the negotiation process. 1.5 Political commitment to resefflement Successful resettlement with development is a fundamental political commitment and responsibility of the state. Effective and efficient resettlement of people requires a good resettlement policy, appropriate legal framework, suitable institutional arrangements, adequate resources and planning guidelines. A study leading to the development of a 'National Resettlement Policy and Institutional Capacity for Resettlement" was carried out in 1995. With the promulgation of the new Constitution of the Republic of Uganda in 1995 and enactment of the Land Act in 1998 much of what the study covered has been converted into law. The policy and guidelines remain relevant and can be used as a guide. A new National Resettlement Policy, covering all sectors, is currently under development by the Commissioner responsible for Resettlement in the Office of the Prime Minister. However, there are policies and laws/regulations with respect to land tenure, local govemance and environment, all of which have a bearing on resettlement and can be applied as and when necessary RDPP3 . Reselef Land AMitio POlicY FrOnWa*  1.6 The project, affected sites and potential new resettlement Under RDPP3 (March 2002 -June 2006) are: * upgrading of Main Roads to paved standard; Kampala Gayaza - Zirobwe - Wobulenzi (70 km) and Soroti - Lira Road and constructive supervision; * construction of new Road Agency Headquarters building and * rehabilitation/regravelling of Atiak-Moyo Road (92 km) All the roads in the program are existing roads. Earth and gravel roads have been repeatedly scraped over the years such that the actual road corridor is about 10 metres wide. Local governments employ "slashers" to keep grass and bush low beside the roads to a distance of about 5 meters (depending on slopes and other obstacles). There is very little intrusion of crops or structures into these strips along the roadways. Some of the roads carry telephone and/or electricity transmission lines alongside the road, from about 5 metres away from the scraped roadway to a much deeper setback. Except where some slight realignments will be done, construction activities will take place almost entirely within the scraped roadway and adjacent slashed strips. However, construction yards and storage zones, camps for engineers and skilled labourers, borrow pits and quarries are among the additional land that will be required temporarily or permanently and form part of the total "foot print" of the project roads. 2.0 INSTITUTIONAL AND LEGAL FRAMEWORK 2:1 Institutional responsibilities In the context of the road sector in Uganda, there are at least three actors involved in resettlement. These are the Ministry of Water, Lands and Environment (compensation), the Prime Minister's Office (resettlement) and RAFU (Lead Agency). RAFU, as the Lead Agency of the RDPP3, will take responsibility for resettlement and identifying and coordinating all the other players in resettlement. RAFU should also liaise with the MOWHC on these matters. All organisations that have a role to play in the implementation of a project resettlement plan should be identified during the planning stage and should have the opportunity to contribute their points of view as to how their function is best carried out and what constraints there might be. There should be no surprises during plan implementation. 2:2 Legal framework, laws and regulations RDPP3 . ResettlemntI Land Acquwtion Policy Fmework  The position of the government of Uganda in relation to compensation to be paid if damage is caused to land is clear under the 1995 Constitution and other Ugandan laws. The following sections describe the legal framework within which resettlement and compensation should take place. 2.2.1 The Uganda Constitution ( 1995) Article 237(1) of the Constitution vests all land in Uganda in the citizens of Uganda. However, under Article 237(1) (a), the Government or Local Government may acquire land in public interest. Such acquisition is subject to the provisions of Article 26 of the same Constitution, which gives every person in Uganda a right to own property. The Constitution also prescribes the tenure regimes in accordance with which rights and interest in which land may be held (Customary, Leasehold, Mailo, Freehold). It provides procedures to follow during the acquisition of land for public interest and provides for the "prompt payment of fair and adequate compensation" prior to taking possession of land. The Constitution however does not make resettlement a right. 2.2.2 The Land Act (1998) The 1998 Land Act addresses land holding, management control and dispute processing. The developer should seek to enter into mutual agreement with the occupier or owner of the land upon payment of compensation. The Act creates a series of land administration institutions consisting of Uganda Land Commission (ULC), District Land Boards (DLB), Parish Land Commiftees (PLC) and land tribunals. Section 78, of the Act gives valuation principles for. compensation i.e. compensation rates to be yearly approved by DLBs. The basis for compensation are depreciated replacement costs for rural properties and market values for urban properties. 2.2.3 Land Acquisition Act (1965) This Act makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may 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 Govemment of Uganda is supposed to pay compensation to any person who suffers damage as a result of any action. Any dispute as to the compensation payable is to be referred to the Attorney General or court for decision. The Land Acquisition Act stops at payment of compensation. It is not a legal requirement to purchase alternative land for the affected people by the project. Once they are promptly and adequately compensated, then the obligations stop there. The Government through the Ministry of Lands, Water and Environment, will pay the compensation to the affected persons. RFPP3 . Restttlement I Land Ac0ziSWOfn Pficy Frnhmwrwk  There is no requirement or provision in the law that people need to be moved or that altemative land be made available or bought. Each affected person entitled to be compensated, on receipt of his/her compensation is expected to move and has no further claim. 2.2.4 The Roads Act 1964 The Roads Act of 1964 is a critical piece of legislation with respect to these projects. It defines a road reserve as that area bounded by imaginary lines parallel to and not more than fifty feet distant from the centreline of any road, and declared to be a road reserve. The Act is silent on whether such land is "taken" for the state, but states that no person shall erect any building or plant, trees or permanent crops within a road reserve. It also allows the roads authorities to dig and take materials from the road reserve for the construction and maintenance of roads. The Minister or, with the consent of the Minister, a District 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 govemment town, may by order: a) prescribe the line in which buildings shall be erected in such town or area or b) 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: i) to pull down or remove the building or erection; or ii) to cut down or uproot the trees or crops; or iii) 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 recent months, a series of meetings involving the Ministry of Works, Housing and Communications, Ministry of Water, Land and Environment, Ministry of Justice and Constitutional Affairs, and RAFU have been held to discuss issues pertaining to the road reserve. It was decided that: * The road reserve be preserved for planning purposes only, but should not be acquired as this would be unnecessary, expensive and disruptive. * In order to minimize land acquisition, only land required for road construction purposes (the "Site") be acquired. * This would be that land sufficient for the permanent works plus a 3m strip on either side. ROPP3 * Resettlement I Land AcqtsiUICn Policy Framseork  2.2.5 The Town and Country Planning Act 1964 The Town and Country Planning Act of 1964 gives broad powers to planning authorities at the national and local level to take land, against compensation, for public purposes within an approved planning area. Further, such authorities can determine set back lines "beyond which no building may project" into a roadway including the road reserve area. 2.2.6 The Local Govemment Act 1997 The Local Governments Act provides for the system of local governments, which is based on the district. Under the district there are lower local governments and administrative units. This system provides for elected councils. The chairman nominates the executive committee of each council. The functions of this committee include: i) Initiating and formulating policy for approval of council; ii) Overseeing the implementation of the govemment and councils' policies, and monitor and coordinate activities of non-government organisations in the district; and iii) Receiving and solving disputes forwarded to it from lower local governments. 2.2.7 The Access to Roads Act 1965 The Access to Roads Act seeks to ensure that a private landowner who has no reasonable means of access to public highway may apply for leave to construct a road of access to a public high way. This law also establishes a mechanism of applying for such a road. It also establishes a legal regime to ensure the safety of the neighbouring environment. The Act permits the owner of any land who is unable through negotiations to obtain leave from adjoining land owners to construct a road of access to the public highway, to apply to a magistrate for leave to construct a road of access over any land lying between his land and the public highway. This law also provides for means by which an order for the construction of an access road can be revoked. The Act further provides for maintenance of the access road in a good and efficient state of repair, and for payment of compensation in respect of the use of the land, the destruction of crops of trees and such other property. 2.2.8 By Laws Finally, byelaws were enacted in the 1960s in many local areas of Uganda, especially for the regulation of "trading centres," which were the typical local embryonic urban centres across the country. Typically, these byelaws had provisions for shops to be built not closer than 50 feet from the centreline of the road. They did not take land, RDPP3 . PesetUefYet / Land AcqPsUson Policy Fmmwoo*  but they reinforced the Town and County Planning Act and the Roads Act by creating a building rest}iction on any given plot of land. 2:3 Donor Safeguard Policies on resettlement World Bank Operational Directive OD 4.30 on "Involuntary Resettlement", requires that displaced persons should be compensated at full replacement cost, assisted with relocation/resettlement and during transition period. The developer should be encouraged to offer replacement land rather than cash compensation when the residual land holdings are not economically viable. The main features of this directive are as follows:- * All viable altemative project designs should be explored to avoid or minimise the need for resettlement and when it cannot be avoided, to minimise the scale and impacts of resettlement; * Resettlement measures are to be conceived and executed as development activities providing sufficient resources to give the persons displaced the opportunity to share in project benefits. Assistance should be given to the community in their efforts to improve former production levels, incomes, earning capacity and living standards or at least restore them to the levels they would have without the project; * Displaced persons should be:- - Compensated at full replacement cost prior to the actual move; - assisted with relocation; - assisted and supported during the transition period; * Particular attention should be given to vulnerable groups; * Communities should be given opportunities to participate in planning, implementing and monitoring their resettlement. * Resettlers should be helped with integration into their host community. The above requirements are also applicable to projects funded by other donors, including European Union (EU), African Development Bank (ADB), and Nordic Fund. However, ADB recognises that involuntary resettlement is a sensitive area involving competing economic, social, and political interests that may be difficult to balance in the best of circumstances. Accordingly, the Bank cautions that any proposed policy and planning principles should be introduced and implemented with sensitivity to the particular political, legal, economic, social and cultural contexts of a country. 2.4 Differences between Uganda Laws and the World Bank Policy ROPP3 . Resettlemlet ILand AcwuUsijon Pothcy Fmmswotl  There are some differences between the World Bank Policy and the Ugandan Laws on this matter. While the Ugandan Laws restrict themselves to fair, adequate and prompt compensation (which is interpreted to mean cash), the World Bank policy extends it to providing alternative land and resettling the persons. A comparison of Uganda law and WB requirements regarding compensation is given in Table 2.1 In a number of cases, as shown in Table 2.1, the WB requirements are more favourable to PAPs than the provisions of Uganda Law. The Government of Uganda does not wish to set precedents as to compensation amounts. However, GOU is strongly committed to fulfil WB requirements. Appropriate compensation approaches are therefore needed, with a first part of compensation meeting Ugandan Law requirements, and an additional uplift aiming at complying with WB requirements where they are not complied with by the sole Ugandan provisions. Table 2.1: Comparison of Ugandan Law and World Bank requirements regarding compensation Category of Ugandan Law WB requirements PAPs/ Type of lost assets Land Owners Cash compensation based upon Strongly recommend land-for- market value of unimproved land land compensation. Other and disturbance allowance (15%) compensation is at replacement ________________ co st. Land Tenants Entitled to compensation based Must be compensated whatever upon the amount of rights they the legal recognition of their hold upon land occupancy Land Not entitled to compensation for No specific provisions as to land Sharecroppers land, entitled to compensation for compensation, but income must crops be restored. Owners of "Non Cash compensation based upon Recommend in-kind permanent" rates per m2. established at compensation or cash Buildings District level and disturbance compensation at full replacement allowance (15 %) - Rates are cost including labour based on depreciated market value. Owners of Valuation by Valuer and Recommend in-kind "Permanent" disturbance allowance (15%). compensation or cash buildings Valuation is based on depreciated compensation at full replacement market value cost including labour Perennial Crops Cash compensation based upon rates per m2./bush/tree/plant established at District Level and disturbance allowance (15%) Requirements not specified Rates are calculated as the one year net agricultural income. ROPP3 . Resettlefent I Land Acquisiton Policy Fraori  Annual Crops No compensation. 6 month No specific provision. Income notice to harvest crops. restoration. Land for land compensation allows people to re-establish annual crops . immediately. Business No compensation. 6 months Establish access to similar Income notice to vacate premises opportunities. 3.0 SOCIO-ECONOMIC PROFILE: BASELINE SURVEYS It is important that comprehensive baseline surveys of affected populations/communities are done. Inadequate baseline data can result in project planners lacking a realistic picture of the numbers or the so6ial and economic organisation of affected people. In the past, topographic maps/surveys have been used to assess baseline socio-economic characteristics. This method should be discouraged, because often these topographic maps are outdated and their information does not exactly correspond with the ground truth. Socio-economic issues are normally considered during Environmental Impact Assessment. However, most times it is not sufficient to be relied on completely during resettlement. A comprehensive survey of affected populations/communities is required. 3:1 Identification of project affected people Project Affected Persons (PAPs) are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, range land, fishing areas, or important cultural sites, commercial properties, tenancy, income earning opportunities, social and cultural networks and activities. Such impacts may be permanent or temporary. The most often loss occurs through land expropriation, using eminent domain or other regulatory measures. They have no option but to re-establish elsewhere. People can also be affected through exposure to health and safety hazards which then force them to relocate. The affected people are determined by the project area ear-marked by the developer (RAFU) with the consent of the communities to be affected. The project area is then surveyed to establish boundaries. The people whose land lies within the demarcated land are some of the persons directly affected by the project. 3:2 Demographic information A survey of the individual plots should be carried out to establish the number of households affected, the area and the sizes of those plots taken by the project. After the survey, a map of the project area showing the individual plots should be produced. RDPP3 . Resett)emer I Land Acquisiton Pobcy Framerwork  It is essential that the project resettlement plan is based on the most recent information about the scale and impact of the displacement. The baseline survey should include: i) An up to date field-based census of the number of people who will be displaced, the magnitude of displacement, income levels and assets and some idea of occupational categories. Distinguish between Seriously Project Affected Families (PAF} and Project Affected Families (PAF) ii) An assessment of encroachment on to the road reserve; iii) Information on the full resource base of the affected population; iv) Extent to which groups will experience total or partial loss of assets; v) Public infrastructure and social services that will be affected. vi) Formal and informal institutions (e.g CBOs, NGOs, churches, etc..) that can assist designing and implementing the resettlement programmes; vii) Names of affected families should be recorded as early as possible to prevent in-flows of population ineligible for compensation. 3:3 Land tenure regimes Article 237 of the Constitution, 1995 vests land in the citizens of Uganda and defines 4 land tenure systems, namely:- * Customary; * Freehold; * Mailo; and * Leasehold The incidents of these systems are detailed under section 4 of the Land Act, 1998. Those relevant to the RDP are the following:- 3.3.1 Customary tenure * Is govemed by rules generally accepted as binding and authoritative by the class of persons to which it applies (in other words " customary regime is not govemed by written law") * Is owned in perpetuity; * Customary occupants are occupants of former public land, and occupy the land by virtue of their customary rights; they have propriety interest in the land and are entitled to certificates of customary ownership; * Certificates for customary ownership may be required, through application to the Parish Land Committee and eventual issuance by the District Land Board; ROPP3 . Resettle nt I Land Accuisition Policy Fmrework  3.3.2 Freehold tenure * Derives its legality from the Constitution and its incidents from the written law; * Involves the holding of land in perpetuity or for a period less than perpetuity fixed by a condition; * Enables the holder to exercise, subject to the law, full powers of ownership; 3.3.3 Mailo tenure * Has roots in the allotment of land pursuant to the 1900 Uganda Agreement; * Derives its legality from the Constitution and its incidents from the written law; * Involves the holding of land in perpetuity; * Permits the separation of ownership of land from the ownership of developments on land made by a lawful or bona fide occupant; * Enables the holder to exercise all the powers of ownership, subject to the rights of those persons occupying the land at the time of the creation of the mailo title and their successors; 3.3.4 Leasehold tenure * Is created either by contract or by operation of the law; * Is a form under which the landlord of lessor grants the tenant or leasee exclusive possession of the land, usually for a period defined and in return for a rent; * The tenant has security of tenure and a prioprietary interest in the land; 3.3.5 'Licence' or 'Share cropper' Although only these later forms of tenure are legally defined under the Land Act, the context of common law also recognises the statute of "Licensee" or Sharecroppers", these terms having similar meanings in practice. Licensees are persons granted authority to use land within for agricultural production. Traditionally, such production would be limited to annual crops. Licensees have no legal security of tenure or any propriety right in the land. Their tenure is purely contractual. 3:4 Farming and additional/other income-generating activities Crops and trees may either be damaged during feasibility studies in preparation for RDPP3 projects or left by the affected communities when they move to other areas due to displacement. Both young and mature crops will have to be compensated for. The variation of ages of the crops and trees will have to be taken into account such that older crops/trees are worthy more than young ones. In Uganda, each District Land Board adopts its own compensation rates. As a result, variation exists among the different districts. The rates are reviewed every year RM R - etUetTi I Land ACqWBVUln POiCy Fro'wKo.f 4 7  3:5 Host community Although, in the first instance the planning is for the resettlers, the host population should be taken into account. They may be making available land resources or may share their infrastructure. In some cases host communities welcome the arrival of settlers under the impression that 'development' which is supposed to come with relocates will also benefit them. In other cases the majority of the host community may curtail the availability of land in the future. In rural areas in particular, the host population should receive some benefits, not necessarily on an individual household basis but on community basis. Situations where the resettlers will be perceived as being better off than the hosts should be avoided. 4.0 COMMUNITY PARTICIPATION Community participation and consultation are essential elements of environmental management of roads that ensure that the community is included in the decision making process. It is therefore necessary to develop procedures and skills for informing the public and other interested parties about proposed road projects. 4:1 Stakeholder analysis The resettlers, RAFU/RA and the Resettlement study team must begin dialogue as soon as it becomes apparent that resettlement may be necessary, ie at the time of project planning or the feasibility stage. Public involvement will assist in the following:- * Identifying cultural and communal property; * Identifying cultural/social groups which should move together; * Sensitisation of both host and resettlement communities. This should be done well in advance; * Identification of various resettlement alternatives; * Identification of vulnerable groups, to be protected. Such groups will include disadvantaged women, the disabled, the landless, the orphans, and other minorities; Community involvement should include the following: * Informal leaders and representatives; * LC Officials; * Other formal leaders; * Local NGOs and CBOs; * FRSP officials (MOWHC); * Representatives of the various categories of PAPs 4.2 Community mobilization and participation strategy The major strategy evolves around the provision of a full opportunity for involvement of all stakeholders who include the project ROPP3 ResettIlent t land Acouisition Poilcq Framewok  beneficiaries, those likely to be adversely affected and other stakeholders who may have an interest in the road development programme for one reason or another. Because of the difficulty in identifying the public, care must be taken in deciding who participates to ensure that a fair and balanced representation of views is obtained from those directly affected, the poor, minority groups as well as influential members of the public. As a matter of strategy, public consultation and involvement should be an ongoing activity taking place through out the entire project cycle and should include the following: