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Great Lakes Trade Facilitation Project
Ressettlement Policy Framework
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1.0 Resettlement Policy Framework

As part of funding arrangements for the GLTF component activities, several of the World Bank’s safeguards policies are triggered including Environmental Assessment (OP 4.01), Pest Management (OP 4.09), Cultural Resources (OP 4.11), and Involuntary Resettlement (OP 4.12). Under the OP 4.01 and OP 4.12, safeguard provisions are required in the form of an Environmental and Social Management Framework and a Resettlement Policy Framework. The RPF has been developed because by nature interventions under component one of the project may lead to a degree of land take or restriction of access to sources of livelihood and resources.

ence, the RPF will be used to screen all interventions for their potential land acquisition impacts and streamline all the necessary procedures to follow in mitigating and minimizing involuntary resettlement associated with the proposed investments. During implementation of project activities, when required, appropriate resettlement action plans (RAPs) will be developed to address specific impacts, proposed mitigation measures, and compensation issues.

Public consultations on the RPF

Consultations were held with stakeholders in February 2015 providing an overall description of the Project, the purpose of the ESMF and RPF, potential outcomes of the frameworks and to obtain feedback on ways to improve implementation of the frameworks. The key stakeholders institutions consulted include the Ministry of Trade Industry and Cooperatives, Ministry of Finance Planning and Economic Development, Ministry of Works and Transport, Ministry of Lands Housing and Urban Development,  Uganda Revenue Authority, Uganda National Roads Authority, Ministry of Internal Affairs-Directorate of Citizenship and Immigration Control , Police/Security , District Local Governments, Ministry of Agriculture Animal Industry and Fisheries, National Environment Management Authority, Uganda National Chamber of Commerce and Industry, Uganda National Cross Border Traders Association and other related agencies, local authorities and communities within the project area. More broadly, the stakeholders include the cross border traders who are the direct beneficiaries of the project.

In order to ensure that key interests of the public at various levels of governance are addressed and incorporated into the design and implementation of the ESMF safeguard tools, stakeholder consultations were carried out as part of the ESMF process. Consultations for proposed investments under the GLTF were undertaken by Ministry of Trade Industry and Cooperatives.

The Ministry through the District Commercial Officers of the respective districts, consulted cross border traders and the border communities who indicated no objection to the proposed project. The communities appreciated the project indicating that it will, in the short run, provide opportunities for jobs. For cross border traders, they welcomed the project indicating that it will improve their business by reducing costs and time they spend at the border.

Potential Land Acquisition and Affected Persons

Physical interventions will be undertaken under component one of the project and they include improvements of border post core infrastructure and development of the border market. Construction of border infrastructure and facilities includes upgrading customs related offices and residences for the staff, establishing Warehouses & storage facilities for customs purposes, upgrading the parking space, drainage improvements, provision of basic facilities such as safe water and electricity.   In the first phase of the project, the sub component on border markets will focus on undertaking feasibility and impact studies, assessing product value chains and establishing mechanisms for enhancing the system, development of Master Plans and implementation of the enterprise development and value addition component of the program. Construction of the physical border markets will be covered in the second phase

Based on the consultations held, development of the sites will not result in major resettlement since the land is owned by either the central Government or Local Government. However Mpondwe and Goli have sections of the land that is in the hands of the private sector which may be affected by the developments under the project.  In addition, there are a number of people including shop and market vendors who may be affected by the project even when they are operating businesses on Government land. In the event that issues of land acquisition or displacement arise, the RPF includes provisions to address these and to compensate affected persons accordingly.

Legislative framework

The Constitution of the Republic of Uganda (1995) and the Land Act Cap 227 (1998) require that compensation be paid if a development project will damage structures or other property, or acquire private land. The same requirement is provided by the World Bank`s OP 4.12 which stipulates that displaced persons be compensated at full replacement cost and assisted during the relocation. Pertinent laws relating to land administration, ownership and expropriation in Uganda include:

  • Constitution of the Republic of Uganda, 1995
  • Land Act, Cap 227, 1998
  • Land regulations 2004
  • Land [Amendment] Act, 2010
  • Acquisition Act, 1965

In addition, under Section 27 of the Land Act, provisions are in place to protect the rights of women, children and vulnerable individuals regarding customary land.

Land Asset Classification, Valuation and Compensation

Valuation and compensation for permanent structures and land are undertaken in accordance with market values ascertained by the chief government valuer. In the case of crops and non-permanent structures the rates are set at district level. The rates, which are enacted by District Land Boards, are established and updated at District level.

Under the 1998 Land Act, the District Land Tribunal shall, in assessing compensation referred to in paragraph (b) of subsection (1) of section 77 take into account the following:-

a)      In the case of a customary owner, the value of land shall be the Market Value of the unimproved land;

b)      The value of the buildings, which shall be taken at market value in urban areas and depreciated replacement cost in rural areas;

c)      The value of standing crops on the land, excluding annual crops which could be harvested during the period of notice given to the owner, tenant or licensee.

In addition to compensation assessed under this section, there shall be paid as a Disturbance Allowance of fifteen per cent or if less than six months' notice to give vacant possession is given, and thirty present of any sum assessed under subsection (1) of this section.

Preparation and implementation of RAPs

The steps to be undertaken for each individual RAP include a screening process, a socio-economic census and land asset inventory of the area and identification of Project Affected Parties.  This will be followed by the development of a RAP, RAP review and approval, implementation of the RAP and monitoring of RAP implementation and success.  These steps will be spearheaded by a resettlement and compensation committee comprising of officials selected from the Ministry of Trade Industry and Cooperatives, UNRA, MOLHUD, and the District Local Government.

The Resettlement and compensation committee will work closely with the district compensation and implementation committee.  Throughout this process, consultation and public disclosure will take place with PAPs, ensuring that the affected persons are informed.

Following approval of the project RAP, the process of implementation must take place.  This will involve:

  • consultation (a continuation of the process entered into during the site selection, screening and RAP development process);
  • notification to affected parties;
  • documentation of assets;
  • valuation and agreement on compensation; and
  • preparation of contracts, compensation payments and provision of assistance in resettlement.
  • Monitoring of RAP implementation

Grievance redress mechanisms

The Grievance Redress Mechanism (GRM)/Resettlement and Compensation Committee will be simple and will be administered as close as possible to the project affected people, and in close consultation with existing systems and structures at the community, sub-county and District levels by the Compensation Committee to facilitate access by PAPs. Uganda Courts of Law will be a last resort.

RAP consultation and disclosure

If any grievances arise during implementation of GLTF project they should be addressed through a systematic and documentable grievance mechanism implemented by the Grievance Committee and involving local leaders, District Local Government Administration and Government agencies involved in the project.

Key objectives of the grievance process are supposed to be:

a) Provide affected people with avenues for making a complaint or resolving any dispute that may arise during project implementation;

b) Ensure that appropriate and acceptable corrective actions are identified and implemented to address complaints;

c) Verify that complainants are satisfied with outcomes of corrective actions;

d) Avoid the need to resort to judicial (legal court) proceedings, unless all non-judicial avenues fail.

Grievance management will aim to provide a two-way channel for the project to receive and respond to grievances from project affected persons (PAPs), stakeholders or other interested parties. Grievances will be managed by a seven-member committee of composition indicated in table 10 above

Grievances will be resolved through a process that follows a stepwise approach. An aggrieved person will lodge a complaint to the officials of the district local Government. At the district level a redress shall be determined after the case has be discussed by all relevant parties and a solution determined. A Grievance Committee shall handle cases that are not addressed at the district level and parties not satisfied by the decision of the Committee will reserve their right to pursue the case in the courts of law.

Monitoring and evaluation

The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring programme of the GLTF, which will fall under the overall responsibility of the different executing agencies at the various levels. Periodic evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation of the project activities; and whether the PAPs enjoy the same or higher standard of living than before. A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing.  Therefore, monitoring indicators to be used for the RAP will have to be developed to respond to specific site conditions. In addition, an independent audit will take place at the completion of the RAP.

Estimated budget

There are no budget estimates yet because the scope and number of people to be affected in case there any land acquisitions or even displacement are not known at the movement.  However, financial provision will be made as a contingency for cases where land acquisition may occur and RAPs have to be prepared and implemented. For the GLTF, the government’s contribution to the Project will be used to fund the RAP(s) if required.

Read More: Great Lakes Trade Facilitation (GLTF) project Resettlement Policy Framework

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