Albertine Graben Land Acquisition and Resettlement Framework

Land Acquisition and Resettlement
Framework
Petroleum Development and Production in the Albertine Graben
December 2016
Land Acquisition and Resettlement Framework
Compiled by:
CNOOC Uganda Ltd

Total E&P Uganda B.V.
Tullow Uganda Operations Pty Limited
Reviewed and amended by the Resettlement Advisory Committee (RAC) from June to November
2015 (including representatives of Ministry of Energy and Mineral Development, Ministry of Lands
Housing and Urban Development, National Environment Management Authority and Ministry of
Local Government). Disclosed to District stakeholders in October and November 2016. Final draft
reviewed by the RAC in November 2016.
EXECUTIVE SUMMARY
Tullow Uganda Operations Pty Limited (TUOP), Total E&P Uganda B.V. (TEPU), and CNOOC Uganda
Ltd (CUL) (hereinafter the JV Partners), are concluding their current phase of petroleum exploration
and appraisal activities in the Lake Albert Basin (Albertine Graben) in Uganda, and are preparing to
advance to the next phase of their activities which is the Development phase. In preparation for this
phase, the JV Partners anticipate that infrastructure development will necessitate more permanent
land acquisition for large scale and linear infrastructure, and this shall lead to the involuntary
displacement of communities. The Government of Uganda and the JV Partners have agreed to
develop a Land Acquisition and Resettlement Framework (LARF) aimed at standardising the way in
which land acquisition and resettlement planning is conducted across all the Licence Areas.
The information contained in this LARF is limited to the existing legal framework and contextual
baseline information and design parameters that were available at the time of compilation of this
document. This LARF aims to provide an overarching framework specific to the development of
upstream oil and gas facilities in the Albertine Graben. It will subsequently guide the development
of more detailed action plans for each project component requiring resettlement and compensation.
The JV Partners and GoU are committed to securing long term access to all required lands so that
the Project can be developed and operated. In doing so, the Project will address displacement
impacts and enhance development impacts by improving the livelihoods and standard of living of
Project Affected Persons. The development and production of petroleum across the Partners
Licence Areas is likely to occur over an extended period of time. The ultimate objective is therefore
to conduct the Project activities in a manner that secures its social licence to operate.
The first development projects requiring land acquisition and resettlement programs will be:
The EA1-EA2 North Project (Exploration Areas 1, 1A which include parts of Murchison Falls
National Park and Buliisa District as well as EA2 North which falls in southern Buliisa); and
The Kingfisher Development Area previously referred to as Exploration Area 3A, located in
Hoima District.
The third area of interest is located in the southern portion of EA2 near the Kaiso-Tonya area in
Hoima District, and will be developed at a later stage. Associated infrastructure such as the export
pipeline, a gas processing facility, and other components are yet to be defined, but are considered
part of these projects as Associated Infrastructure.
The discovery of commercially viable oil reserves in the Albertine Graben has initiated a number of
infrastructure development projects which entailed forms of displacement. The precedents set by
past experience will be reviewed for the Lake Albert Development Project with specific reference to
the following:
The legal and administrative frameworks for previous RAPs have upheld the supremacy of
Uganda laws. In addition, international guidelines have been adopted to further safeguard
against the risks of impoverishments associated with involuntary resettlement.
Compensation options have, by and large, been generic (a cash option and a resettlement
option) with limited scope for effective restoration and improvement of livelihoods. Land
availability for the restoration of agricultural livelihoods has thus not been established and is
likely to be a significant challenge in the restoration of land-based livelihoods.
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Most RAPs have demonstrated a willingness by project proponents to exceed statutory

rates. The principle of equitability provided for in Uganda law should guide the
development of additional rates; income restoration measures should ideally be based on
actual household requirements and not on baseline averages.
A legal and administrative framework has been compiled for undertaking land acquisition and
resettlement for the Project, with specific reference to all relevant Uganda laws, and the IFC
Performance Standard for Land Acquisition and Involuntary Resettlement (PS5). Where national
legislation falls short of meeting the conditions prescribed in PS5, this Project will ensure that the
Performance Standards are met without infringing on issues of national sovereignty. The legal
framework determines the provisions required to safeguard the following:
Consultation regarding resettlement activities;

Provision of timely compensation for lost assets at full replacement cost;
Alternative sites to choose from for relocation;
Provision of resettlement assistance, if required; and
Improvement of livelihoods.
Involuntary resettlement as a result of physical and/or economic displacement is likely to have

adverse impacts on living arrangements, productive assets, and enterprises. The mitigation of these
impacts will be detailed in one or more RAPs in which a detailed matrix of impacts and entitlements
will be presented to ensure that all impacts are appropriately mitigated. Potential resettlement
impacts in the area that will be further assessed will include, but not be limited to:
Permanent loss of permanent homes and other related structures;

Permanent loss of business structures;
Loss of agricultural land;
Loss of perennial/annual crops;
Loss of grazing areas and access to other common resources such as forest or wetlands;
Loss of graves, burial sites and sacred sites;
Loss of social infrastructure;
Temporary loss of access to lake resources due to restrictions during construction;
Permanent loss of access to lake resources due to exclusion buffer zones around the Water
Abstraction Facility.
Each RAP will define the compensation framework for the proposed components. Eligibility will be
determined by the cut-off date which will be disclosed and documented prior to the census and
asset surveys. The Project will develop packages that include both monetary and in-kind
compensation as well as other forms of assistance to restore and improve livelihoods and living
standards.
The Project recognises that livelihood restoration is both critical to the success of the resettlement
of project affected persons on the one hand and difficult to achieve without participatory planning
on the other Livelihoods in the project area are largely land-based, but also diversified with a view to
maximise food production and cash generating opportunities; and to spread the risks often
associated with subsistence livelihoods. While livelihood restoration will aim to sustain and improve
existing livelihood strategies, the primary focus during RAP implementation will be on ensuring
continued food security. Livelihood planning will be based on appropriate technological solutions
and technical advice from development NGOs, local consultants and research and academic
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institutions. Vulnerable individuals and households will be identified during the detailed census
survey for the RAP, and will be supported with tailored assistance, to enhance their access to the
benefits from resettlement opportunities.
Furthermore, regular consultation with affected people will facilitate the monitoring of the
adequacy and effectiveness of compensation packages, livelihood restoration efforts and
development initiatives. The principle of collective negotiations is fundamental to the acceptance of
final compensation packages, and essential to reaching consensus about the resettlement plan,
including opportunities to share in project benefits.
The Project will establish a resettlement monitoring and evaluation system. The monitoring
activities will assess the requirements of each RAP performance against the schedule of activities
and budget. The need for any changes or corrective action will be identified in order to improve the
resettlement delivery.
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TABLE OF CONTENTS
PREAMBLE: GOVERNMENT OF UGANDA ............................................................................................

JOINT STATEMENT BY THE JV PARTNERS ............................................................................................
EXECUTIVE SUMMARY ...................................................................................................................... 1
1. INTRODUCTION ............................................................................................................. 7
1.1. Purpose ............................................................................................................................................ 7
1.2. Resettlement Planning Documents ................................................................................................. 8
2. RESETTLEMENT GOALS AND PRINCIPLES ....................................................................... 9

3. DEVELOPMENT CONTEXT ............................................................................................ 11
3.1. Project Components ...................................................................................................................... 14
3.2. Socio-Economic, Land Use and Livelihood Characteristics ............................................................ 16
3.2.1. Population ................................................................................................................................... 16
3.2.2. Land Use ...................................................................................................................................... 16
3.2.3. Livelihoods .................................................................................................................................. 18
3.2.4. Community and Social Infrastructure ......................................................................................... 19
3.3. Land Tenure in the Albertine Graben ............................................................................................ 20
3.4. Land Acquisition Challenges .......................................................................................................... 22
4. RESETTLEMENT EXPERIENCE IN UGANDA .................................................................... 25

4.1. Key Findings from Past Experience ................................................................................................ 25
5. LEGAL AND ADMINISTRATIVE FRAMEWORK ............................................................... 27

5.1. Corporate Policies .......................................................................................................................... 28
5.1.1. TUOP Policies .............................................................................................................................. 29
5.1.2. TEPU Policies ............................................................................................................................... 29
5.1.3. CUL Policy .................................................................................................................................... 29
5.2. Uganda Laws and Regulations ....................................................................................................... 30
5.3. IFC Performance Standards............................................................................................................ 32
5.4. Comparison of IFC Standard and Uganda Regulations .................................................................. 35
6. RESETTLEMENT PROCESS AND ADMINISTRATIVE FRAMEWORK ................................. 46

6.1. Project Linkages ............................................................................................................................. 47
6.2. Resettlement Planning: Key Steps, Roles and Responsibilities...................................................... 48
6.3. Institutional Responsibilities .......................................................................................................... 53
7. ANTICIPATED IMPACTS ................................................................................................ 55

8. RESETTLEMENT AND COMPENSATION STRATEGY ....................................................... 60
8.1. Land Access Approach ................................................................................................................... 60
8.2. Land Agreements ........................................................................................................................... 63
8.3. Compensation Framework............................................................................................................. 64
8.3.1. Valuation Methodology in Uganda ............................................................................................. 64
8.3.2. Valuation Procedure in Uganda .................................................................................................. 64
8.3.3. Compensation and Valuation Policy ........................................................................................... 66
8.4. Implementation Assistance............................................................................................................ 67
8.5. Entitlement Framework and Eligibility........................................................................................... 68
8.6. Resettlement and Livelihood Restoration ..................................................................................... 69
8.6.1. Replacement Land Strategy ........................................................................................................ 69
8.6.2. Replacement Housing and Community Structures ..................................................................... 69
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8.6.3. Livelihood Restoration Strategy .................................................................................................. 70

8.6.4. Assistance to Vulnerable People................................................................................................. 71
9. RESETTLEMENT CONSULTATION .................................................................................. 71

9.1. Project Disclosure with Affected Communities ............................................................................. 72
9.2. Consultation with PAPs .................................................................................................................. 72
9.3. Participatory Planning and Consultation ....................................................................................... 72
9.4. Grievance Management................................................................................................................. 73
10. ORGANISATIONAL ARRANGEMENTS ........................................................................... 75

10.1. Monitoring and Evaluation .......................................................................................................... 79
10.1.1. Internal Monitoring................................................................................................................... 79
10.1.2. External Monitoring .................................................................................................................. 79
GLOSSARY OF TERMS ...................................................................................................................... 81
LIST OF TABLES
Table 1: Current Land Acquisition Challenges ...................................................................................... 23

Table 2: Summary of Past Resettlement Experiences .......................................................................... 25
Table 3: IFC Performance Standards ..................................................................................................... 33
Table 4 Gap Analysis Table.................................................................................................................... 35
Table 5: Resettlement Planning Steps .................................................................................................. 48
Table 6: Institutional Roles and Responsibilities .................................................................................. 53
LIST OF FIGURES
Figure 1: Project Location Map ............................................................................................................. 12

Figure 2: Legal Framework for LAR ....................................................................................................... 28
Figure 3: Project Planning and Resettlement Process Flow ................................................................. 46
Figure 4: Example of Integrated Social Planning Process ..................................................................... 48
Figure 5: CPF Area Impacts ................................................................................................................... 55
Figure 6: Well Pad Impacts ................................................................................................................... 56
Figure 7: Water Abstraction Impacts .................................................................................................... 56
Figure 8: Linear Impacts ........................................................................................................................ 57
Figure 9: Unanticipated Land-take........................................................................................................ 58
Figure 10: Special Land-take Situations ................................................................................................ 58
Figure 11: Permanent Land Acquisition ................................................................................................ 61
Figure 12: Temporary Land Acquisition ................................................................................................ 61
Figure 13: Easement ............................................................................................................................. 62
Figure 14: Registered Public Land Access ............................................................................................. 62
Figure 15: Generic Valuation and Compensation Process .................................................................... 65
Figure 16: Generic Grievance Redress Mechanism .............................................................................. 74
Figure 17: Resettlement Planning and Implementation Team ............................................................. 78
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Abbreviations
AfDB African Development Bank

ALC Area Land Committee
CGV Chief Government Valuer
CLO Community Liaison Officer
CNOOC China National Offshore Oil Corporation
CPF Central Processing Facility
CSO Civil Society Organisation
DLB District Land Board
EA Exploration Area
ESIA Environmental and Social Impact Assessment
FDP Field Development Plan
FID Final Investment Decision
IFC International Finance Corporation
km kilometer
LAR Land Acquisition and Resettlement
LARF Land Acquisition and Resettlement Framework
LC Local Council
m meter
MAAIF Ministry of Agriculture, Animal Industry and Fisheries
MEMD Ministry of Energy and Mineral Development
MLHUD Ministry of Lands, Housing and Urban Development
MoLG Ministry of Local Government
MoU Memorandum of Understanding
MW Megawatt
NEMA National Environmental Management Authority
NGOs Non Governmental Organisations
OP Operational Procedure (a guide development by the World Bank)
PAP Project Affected Person
PEDPD Petroleum Exploration Development and Production Department
PLA Production Licence Application
PS Performance Standard of the International Finance Corporation
PSA Production Sharing Agreement
RAP Resettlement Action Plan
SEP Stakeholder Engagement Plan
TEPU Total Exploration & Production Uganda
TUOP Tullow Uganda Operations Pty
UETCL Uganda Electricity Transmission Company Limited
UNRA Uganda National Roads Authority
WB World Bank
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1. INTRODUCTION
Tullow Uganda Operations Pty Limited (TUOP), Total E&P Uganda B.V. (TEPU), and CNOOC Uganda
Limited (CUL) (the JV Partners), are concluding their current phase of petroleum exploration and
appraisal activities in the Lake Albert Basin (Albertine Graben) in Uganda, and are preparing to
advance to the next phase of their activities. In preparation for this phase, the JV Partners anticipate
that infrastructure development will necessitate more permanent land acquisition for large scale
and linear infrastructure, resulting in the involuntary displacement of communities. Land access
during the exploration phase has thus far been limited to surface rights licence agreements, deeds of
easements, and compensation for temporary crop disturbance. In a few instances where expansion
of existing infrastructure has occurred, affected persons have been compensated for damages to
their assets, but there has been no need for resettlement as a result of physical displacement.
Negotiation of temporary land access has varied depending on the JV Partners operations in their
respective Licence Areas. The JV Partners recognise the impact that diverging approaches may have
on land acquisition for a larger project footprint and have thus agreed to develop a Land Acquisition
and Resettlement Framework (LARF). The content of this LARF is aimed at standardising the way in
which land acquisition and resettlement planning1 is conducted across all the Licence Areas, and to
assure a consistent approach in line with the International Finance Corporations (IFCs) Performance
Standards (PS) (particularly PS5 on Involuntary Resettlement and Land Acquisition).
This LARF has been developed during the early stages of the Project, prior to the finalisation of
project design and footprints. Furthermore, while this LARF was being developed, land access
activities by the JV Partners continued. This LARF has thus benefitted from the ongoing preliminary
land processes.
The information contained in this LARF is limited to the existing legal framework, the contextual
baseline information and design parameters that were available at the time of compilation of this
document. Any relevant changes in the legal framework, or in the contextual baseline or in the final
project design occurring during the resettlement planning activities will be reflected in this
framework. The LARF will be updated and reviewed by the Resettlement Advisory Committee to
reflect these changes. For avoidance of doubt, any changes in the legal and administrative
framework that may come after signing this document will be accommodated within the LARF.
1.1. Purpose
The purpose of this Land Acquisition and Resettlement Framework is to:
Clearly and comprehensively define a framework of terminology, objectives, policies,

principles and organizational arrangements that will govern resettlement activities related
to the Project;
Assist with the application of and compliance with Uganda legal requirements and IFC
standards; and
Provide practical guidance to Project personnel (including JV Partners, contractors and
consultants) in the planning and implementation of the overall Project.
The LARF aims to specifically address the social impacts due to the process of land acquisition and
involuntary resettlement. It provides the overarching policy framework for the development of
1
Land acquisition includes both outright purchases of real property and acquisition of access rights, such as easements or
rights of way (see IFC PS5).
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upstream oil and gas facilities in the Albertine Graben. It will subsequently guide the development
of more detailed resettlement action plans (RAP) for each project component requiring resettlement
and compensation. The LARF and each of the project specific RAP will serve to inform the
environmental and social impact assessments (ESIA). Environmental impacts of the project land
intake will therefore be addressed within the wider scope of the ESIA.
1.2. Resettlement Planning Documents
According to best practice, a project that will be required to undertake resettlement must prepare a
Resettlement Action Plan (RAP) to guide these activities.
Specifically, the IFC (IFC 2002) defines a RAP as:
[] a document drafted by the sponsor or other parties responsible for resettlement (such
as government agencies), specifying the procedures it will follow and the actions it will take
to properly resettle and compensate affected people and communities. The RAP is the
sponsors commitment to the IFC and to the affected people that it will meet its obligations
arising from involuntary resettlement.
However, the IFC (IFC PS5 2012) advises that:
[] where the exact nature or magnitude of the land acquisition or restrictions on land use
related to a project with potential to cause physical and/or economic displacement is
unknown due to the stage of project development, the client will develop a Resettlement
and/or Livelihood Restoration Framework outlining general principles compatible with this
Performance Standard. Once the individual project components are defined and the
necessary information becomes available, such a framework will be expanded into a specific
Resettlement Action Plan [].
The Lake Albert Development Project designs are still being refined and thus the magnitude of the
land acquisition or restrictions on land use related to the development of the Project is currently
unclear. This LARF has been prepared to serve as the foundation document for all future land access
and resettlement activities undertaken at all sites and in all Licence Areas that form part of the
Project.
The next resettlement planning document to be prepared will be one or more Resettlement Action
Plans2 for facilities/component that requires economic/physical displacement. Individual RAPs will
be consistent with Uganda legislation and IFC PS53. Individual RAPs will be consistent with goals,
principles and processes of this RPF. RAPs in the Albertine Graben will address specific conditions,
characteristics and needs of particular people affected by the Albertine Development Project. All
documents will be completed within an appropriate timeframe prior the actual impact to
accommodate change between the time affected people lose assets and/or when they are required
to relocate. Implementation work plans providing detailed planning for key areas of work outlined in
the RAPs will also be prepared.
2
The development of RAPs may take an iterative process, depending on the availability of information at the time, the
progress that has been made in consulting with PAPs about various aspects of the RAP and the readiness of the Project.
3
A project [that] may include subprojects or multiple components that cannot be identified at project appraisal or that
may be implemented sequentially over an extended period (PS5 11, GN23)
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2. RESETTLEMENT GOALS AND PRINCIPLES
The Project commits to the following goal:
To secure long term access to land to enable the project to be developed and operated, while
addressing displacement impacts and enhancing development impacts by improving the
livelihoods and standard of living of Project Affected Persons.
The development and production of petroleum across the Licence Areas is likely to occur over an
extended period of time. The ultimate objective for the Project is to conduct their activities in a
manner that secures their social licence to operate. The overall goal is to develop and implement
resettlement plans in a manner that gives physically and economically displaced persons the
opportunity to at least restore their livelihoods and standards of living. An important element of a
common approach is a set of shared principles and social commitments for all land acquisition and
resettlement activities. The following key principles will guide the JV Partners in their respective
resettlement processes.
Principle 1 Resettlement will be avoided The Project will seek to avoid or minimize
and minimised displacement (both physical and economic) to the
extent practically and affordably possible by exploring
alternative Project designs, phasing, and land use and
land access arrangements. This principle will also apply
to host communities in the selection and construction
of resettlement sites.
Principle 2 Resettlement will be From the outset land access, acquisition and
integrated into overall resettlement will be integrated into overall project
project planning planning with consideration given upfront to the
implications of land access and resettlement, in terms
of project design and project cost.
The overall project planning will be based on a realistic
assessment of the schedule and cost for dealing with
all land access and resettlement. Project layout, from
the earliest stage of development, will be reviewed
against land access and resettlement concerns.
Well in advance of land access, the Project will
dedicate adequate staffing, including for the
community affairs function, and other resources to
address land access and resettlement issues.
Principle 3 Compliance with laws, The Project will adhere to applicable Uganda
standards and policies legislation, regulations and policy, the applicable IFC
Performance Standards (in particular Performance
Standard 5), and applicable Partner internal policies.
Principle 4 Active and informed PAPs, including host communities, will be adequately
stakeholder participation informed and consulted on all matters that affect them
and will participate in decision making related to the
planning, implementation, monitoring and evaluation
phases of the land acquisition and resettlement
activities. This will include providing access to
appropriate advice to ensure that they understand
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their rights, responsibilities and options.

Principle 5 Cultural appropriateness All land access and resettlement planning and
implementation will be undertaken in a culturally
appropriate manner.
Principle 6 A publicly disclosed cut-off Eligibility for resettlement assistance will be
date will be used determined by a publicly disclosed census cut-off date.
It will limit eligibility to genuinely affected people and
preclude an influx of people into the Licence Area.
Principle 7 Compensation will be based PAPs will be eligible for compensation for loss of assets
on full replacement value at full replacement value, as well as rehabilitation
assistance. Land acquisition and resettlement should
be conceived as an opportunity for improving the
livelihoods and living standards of PAPs.
Principle 8 Comprehensive resettlement Physical relocation and re-establishment of households
assistance package will be supported through a comprehensive assistance
package tailored to the Project socio-economic
environment that:
Is culturally appropriate;
Offers PAPs a choice of compensation
packages of equal or higher value, equivalent
or better characteristics, and advantages of
location;
Is transparent, consistent, fair and equitable,
with people who have equivalent assets being
treated in the same way;
Encourages the acceptance of replacement
housing for affected households. It will include
the design of replacement housing that meets
all statutory requirements, considers local
preferences and is culturally appropriate. Cash
compensation may be appropriate in certain
circumstances, but must be based on a
documented assessment of the ability of the
affected person to use the cash to restore and
improve their housing standards; and
Involves resettled and host communities
participating in the selection of resettlement
sites. The site selection shall follow a
systematic process that also considers
proximity to affected areas, accessibility and
locational advantage.
Principle 9 Informal rights will be Affected persons with no formal legal rights to land
recognised will be included as displaced persons provided they
have established rights to assets in the Licence Area
prior to the cut-off date.
Principle 10 Vulnerable people will be The Project will identify PAPs who are especially
provided with targeted vulnerable to displacement impacts and provide them
assistance with targeted assistance.
Principle 11 A grievance mechanism will A grievance mechanism will be established allowing
be established affected people to lodge a complaint or claim without
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cost and with assurance of a timely consideration and

response to the complaint or claim.
Principle 12 Appropriate Monitoring and Appropriate monitoring and evaluation activities will
Evaluation will be be undertaken to provide the Project and PAPs with
undertaken timely, concise, indicative and relevant information
about whether compensation, resettlement and
development initiatives are on track or whether
corrective actions are required. The implementation
of land acquisition and resettlement will be subject to
monitoring and independent external evaluation, and
the results will be shared with the people affected by
resettlement.
3. DEVELOPMENT CONTEXT
The area of interest lies along the entire eastern shore and the north of Lake Albert, and is referred
to as the Lake Albert Development Project (see Figure 1). The Lake Albert Development Project
entails the development of seven of the discovered fields in accordance with the revised
commercialisation plan for which the JV Partners signed a Memorandum of Understanding (MOU)
with the Government of Uganda in February 2014.
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Figure 1: Project Location Map
The JV Partners have an equal share in each of the licence areas. The operatorship is the following:
Total E&P Uganda B.V. (TEPU) is the operator of licences EA1 and EA1A in Buliisa and Nwoya
districts;
Tullow Uganda Operations Pty Limited (TUOP) is the Operator of EA2 licence area: one part
in Buliisa and the other part in Kaiso Tonya in Hoima District;
CNOOC Uganda Limited (CUL) is the operator of Kingfisher Discovery Area around the
Buhuka Flats in Hoima District.
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Most offshore acreage and some onshore licence areas in the previous EA2 licence areas have been
relinquished.
The first development projects requiring land acquisition and resettlement programs will be:
The EA1-EA2 North Project (Exploration Areas 1, 1A which include parts of Murchison Falls
National Park as well as EA2 North which falls in southern Buliisa);
The Kingfisher Development Area previously referred to as Exploration Area 3A.
The third area of interest is located in the southern portion of EA2 near the Kaiso-Tonya area. This
project will be developed at a later stage. Associated infrastructure such as the export pipeline, a
gas processing facility and other components are yet to be defined, but are considered part of these
projects as Associated Infrastructure and will therefore be covered by this Land Acquisition and
Resettlement Framework.
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3.1. Project Components
Each Partner (within their Licence Area) will be responsible for developing all the project
components. A detailed project description and social baseline will be included in each RAP to
identify the project components and all of the impacted communities associated with the project
components. Potential impacts as a result of the preliminary project footprint are summarised in
the table below:
Type of Infrastructure Displacement Scope of Potential Impacts
Central Processing Facility (CPF)

The well-stream is usually a mix of hydrocarbons,
debris and water. The main function of a CPF is to
separate all fluids which are present in various
phases in the flow lines and to treat each fluid in a
given phase either to stabilise it (crude or gas) or
to be able to dispose of it (water). The current plan
is to construct one CPF in each district (Hoima and
Buliisa) as opposed to constructing one in each
exploration area as originally planned. This is in
the interest of reducing the project footprint from - Loss of residential land, dwellings, and
three to two CPFs. The CPF in the Kingfisher other structures
Development Area and used by both CNOOC for Physical and - Livelihood impact due to loss of
Kingfisher operations and TUOP for their Kaiso- economic, farmland and grazing areas; loss of
Tonya operations while the CPF in Buliisa will displacement crops
cover the EA-1, EA-1A operations and theEA-2 - Loss of income from business
North operations. The estimation of restricted - Loss of community infrastructure
area around the CPF and camps is determined by (water points, community and social
safety and security considerations. The extent of services)
the restricted area is to be confirmed.
Permanent camps near CPF
Activities undertaken in the production phase will
require staff to remain on the ground for long
periods. Two camps have been proposed for each
operational area: (1) a base camp and (2) an
operational support camp to accommodate field
staff and contractors respectively. The camps will
be located within the Global Restricted Area of the
CPF.
Permanent camps North of MFNP - Livelihood impact due to loss of
Potential additional camps and yard facilities will farmland and grazing areas; loss of
be located, North of MFNP, Nwoya District. Physical and crops; loss of income from business
economic, - Possible loss of residential land,
displacement dwelling and other structures
(including graves and cultural assets)
- Possible loss of community
infrastructure (water points,
community and social services)
Production well pads Economic, - Livelihood impact due to loss of

Many exploration well pads are currently being possibly some farmland and grazing areas; loss of
restored and planning is now underway (and in physical crops
some cases being implemented) for the final displacement - Possible loss of residential land,
location of production well pads. The distribution dwelling and other structures
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of well pads across the Licence Areas for the (including graves and cultural assets)
production phase is expected to be different from - Economic impact on tourism industry
the exploration phase. Plans indicate that for pads located in protected areas
production pads will consist of a cluster of
production and injection wells, thus consolidating
land impacts to larger but fewer sites. The main
influencing factors in the choice of well pad layout
design are the drilling facility which will operate on
the pad as well as the JV Partners obligation to
minimise the Project footprint.
Lake Water intake station
In order to guard against land subsidence induced
by petroleum operations, water will be injected
back into the ground through injection wells. Economic, - Livelihood impact due to reduced
Initially, water will be extracted from Lake Albert possibly some income from fishing
and transported via pipeline to the injection well physical - Loss of communal landing site and
sites which will require the construction of two displacement associated infrastructure
water intake stations by the lake, one in Hoima
and one in Buliisa. While the need for water
extraction reduces over time (for instance by using
the water separated at the CPF), the infrastructure
will remain intact and its impact will not diminish.
Nile River Crossing Economic - Livelihood impact due to loss of crops
The Victoria Nile River Crossing will connect the displacement - Economic impact on tourism industry
fields in MFNP to the CPF in Buliisa. Horizontal
Directional Drilling (HDD) is the preferred option
but Micro tunnelling is also being considered.
Temporary land intake during construction phase
is planned on either side of the Nile River in EA1
Licence Area.
Pipelines Economic, - Temporary (less than one year)
Pipelines will need to be laid for the transportation possibly some disturbance of land during
of fluids as follows: physical construction
- Flow lines will carry well pads production to a displacement - Loss of crops
Central Processing Facility (CPF) and feed - Possible loss of residential land,
injection water from the water intake station to dwelling, commercial structures.
the CPF and the well pads; - Restriction on land-use during
- Feeder pipelines will transport crude oil from the operations
CPF to the delivery point near the Government
refinery in Kabaale village. The length of pipeline
from Buliisa to the delivery point is estimated at
approximately 100km and the length of pipeline
from the Kingfisher CPF to the refinery is
estimated to be 50km.
All pipelines are expected to be buried with
registered conditional surface right of ways
restricting land use to varying degrees.
Access Roads Economic, - Livelihood impact due to loss of
While UNRA is responsible for the construction of possibly some farmland and grazing areas; loss of
national and district roads, the Project is physical crops
responsible for the construction and maintenance displacement - Possible loss of residential land,
of access roads that connect the main roads to dwelling and other structures
their respective areas of operations. Some of the (including graves and cultural assets)
Page 15

road network will coincide (at least in part) with
the pipeline servitudes while additional access
roads to well pads and other infrastructure will be
added.
Airstrip upgrade Economic, - Livelihood impact due to loss of
The upgrade and/or extension of existing airstrips possibly some farmland and grazing areas; loss of
including Kyabasambu (in Buhuka Flats), Pakuba physical crops
and Bugungu (both within MFNP) is anticipated in displacement - Possible loss of residential land,
the development phase. dwelling and other structures
(including graves and cultural assets)
Construction Camps & Yards Economic, - Livelihood impact due to loss of
Construction and drilling activities will require possibly some farmland and grazing areas; loss of
staff, contractors and equipment to remain on the physical crops
ground temporarily for the duration of displacement - Possible loss of residential land,
construction. Camps, yards and lay-out areas for dwelling and other structures
CPF and pipeline construction may be required for (including graves and cultural assets)
around three years while temporary camps for
drilling activities may be required for up to six
years.
3.2. Socio-Economic, Land Use and Livelihood Characteristics
The social context4 of the Albertine Graben has been described in several preliminary studies
undertaken by the JV Partners, as well as the Strategic Environmental Assessment which was
approved by Parliament in July 2015. The three districts where the JV Partners activities are
concentrated fall in two historical socio-political regions of Bunyoro (Hoima and Buliisa) and Acholi
(Nwoya). Colonial legacy and other historical events have significantly shaped the social context in
these two regions and Uganda alike.
3.2.1. Population
According to the provisional results of the 2014 Population Census, Hoima district is among the most
populated districts with a population of at 573,903 and a growth rate of 4.3 percent. The urban
centre (Hoima Municipality) experienced a growth rate of 10.7 percent between 2002 and 2014.
Buliisa district had a population of approximately 113,569, and a growth rate of 4.9 percent. Hoima
district comprises 24 sub-counties with Hoima town as its main urban centre. Nwoya District was
established in 2010 out of Amuru District (established in 2006) and has an estimated population of
128,094.
3.2.2. Land Use
Agriculture is the main economic activity across the project area, with 80 percent of the households
in Hoima being actively engaged in crop cultivation. Livestock production is second in economic
importance to crop production. Fishing is also an important economic activity, particularly on Lake
Albert where fishing has greatly influenced the social and economic development of the sub-
counties of Kigorobya, Buseruka, Kabwoya, and Kyangwali.
4
A number of studies have captured the main characteristics of the communities in the project area, including a Social and
Health Baseline Study (SHBS), the scoping reports of the Environmental and Social Impact Assessment (ESIA).
Page 16
Buliisa district, formerly a county, was formed out of Masindi District in 2006, and borders Lake
Albert. The district comprises six sub-counties and a town council in the main (Buliisa) urban centre.
Agriculture and livestock production are the main economic activities in the eastern parts of the
district, and fishing processing activities occur along the shores of Lake Albert. The Social and Health
Baseline Study summarised land-use as follows:
The eastern part of the district is mostly farmed land covering around 100 km.
The central part of the district is used mostly as rangeland, covering around 180 km, and
predominantly controlled by clans
The western part of the district has a mixed land use pattern with around 20 km of semi-
rural/urban areas, 35 km of rangeland, and 40 km of wetlands.
The Nwoya District economy is driven by agriculture, but has also seen more commercial
developments over time.
Residential settlements are scarce and concentrated along the main road and in the vicinity
of the railway.
Commercial developments include three lodges built close to the River Nile (Heritage,
Bwana Tembo and Fort Murchison) + potential agribusiness ventures.
Industrial sites include Total E&P camp and oil & gas contractors (BGP, Quantum, etc.)
operational bases in the area.
Natural resource exploitation, such as sand-mining, occurs close to Victoria Nile River and
seasonal streams. Few grazing areas are available close to rivers and streams.
Public infrastructures by way of the railway line operated by Uganda Railway Corporation
which traverses the district from Pakwach to Tororo.
Whereas the communities in the Albertine Graben are predominantly agriculturalist or agro-
pastoralist, land is the principal resource to meet their livelihood needs. Land also has an important
cultural and historical meaning and shapes the interactions among the different ethnic groups, clans
and families in the area. It defines social identity through geographic boundaries, and historical
attachment (settlement on land over generations) strengthens their claim to their interests in land.
As such, land is often the source of family and community disputes and, while such disputes do not
directly cause a deprivation of interests, the anticipated involuntary displacement will cause, at least
to a degree, a total deprivation of interest in some lands and a restriction on land use on other land.
These changes in access to and control over land will undoubtedly amplify underlying land disputes
which, if not appropriately managed, could cause significant delays in the land acquisition process.
The area is divided in four major agro-ecological zones with specific characteristics regarding human
activities and natural environment, namely the Lake Albert shores, the river floodplain, seasonal
marshlands and grasslands and hillside areas.
1. Lake Shores: settlements are concentrated around landing sites, with designated (and
densely developed) residential areas. Livestock is typically kept in enclosures and vegetables
are grown on a small scale within homestead boundaries. The main economic activity in
these areas is fishing. Fishing households have their own gear including nets, and in some
instances traps and hooks. Fish processing (salting, smoking and drying) is done at the
landing sites, which are also often characterised by a vibrant fish trade. Remaining land
along the lake shores is designated for free range cattle rearing (without rotational range
management practices), and is generally held under communal ownership. Occasional sand-
mining activities are also undertaken in wetland area in addition to opportunistic farming.
Page 17
2. River floodplains: Land along rivers (the largest inflows into Lake Albert come from River
Nile and River Semliki), is typically owned communally but exploited privately by subsistence
farmers. The soils in these areas are richer in humus and loam thus being more conducive
for crop cultivation, especially small exigent crops (i.e. cotton, tobacco). On the banks of the
River Nile, there exists self growing papyrus which is harvested for weaving and crafting of
traditional mats to be sold in local markets.
3. Seasonal marshland and grassland: These areas usually have a high density of grasses and
vegetation during the wet seasons and are occupied by herders during the dry seasons for
livestock grazing. Some of these families also own or rent land on higher lying areas, where
they practice subsistence agriculture while others own homes lower down at the lake shore
where they engage in fishing activities. Fallow land is also used for grazing, as well as serving
as uncultivated buffer areas between farmlands;
4. Hillsides: Characterized by gentle sloping elevations and valleys, this ecological zone is
typical of Hoima district where the elevated escarpment area is used for cultivation and
settlement and the lower lying plains along Lake Albert are used for grazing of livestock and
as landing sites for fishing activities. In a typical arrangement homesteads are scattered,
often grouped along lines of lineage and are located on hill tops with trading centers
situated along the roads. Land is extensively used for crop production and plot sizes range
between less than an acre to seven acres and more.
3.2.3. Livelihoods
Several types of livelihoods have been identified in the proposed project area as summarised below.
However, the Project will conduct further livelihood studies to understand the full range of
economic activities in the area.
1. Crop farming is the predominant economic activity in the Albertine Graben with 95% of the
rural population cultivating on an average farm size of two acres of land. Seasonal crops are
grown for home consumption and the surplus is sold off to offset household necessities.
The main food crops cultivated in the project area are: sweet potatoes, maize, beans,
cassava, rice, sorghum and bananas. Cash crops grown in the region include tobacco, cotton
and tea. Agriculture in the Albertine Graben is rain fed and it depends on the two seasons of
high rainfall that have been recorded (April - May and August - October). The region is faced
with low agricultural productivity and farmers generally yield meagre economic gains from
their respective agricultural activities. Agricultural produce is mainly sold locally in Buliisa
town, Wanseko Landing Site, Panyimur and to a lesser extent across the border in the
Democratic Republic of Congo (DRC).
2. Fishing is the second most important economic activity in this area and it provides informal
employment (especially for the youth and women) in fishing and its associated industries
such as fish preparation and preservation; transportation and market sales. The three major
landing sites within the proposed project areas radius are Wanseko, Karaba and Karakaba.
3. Livestock rearing and poultry keeping are practised although they have not been fully
developed. Cattle are mainly reared for sale and beef production; breeding of dairy cows is
not common in this region. Beef produced by local herdsmen is sold in the local region i.e.
Hoima, West Nile and Masindi. Open range grazing (communally used land) is the most
widely used grazing system in the area since many herdsmen cannot afford the cost of
securing private grazing land. Poultry, goats, sheep and donkeys are reared on very small
Page 18
scale with households keeping a few animals for transport, sale or as an occasional source of
food.
4. Bee keeping is another livelihood activity practised in the Albertine Graben. Some farmers
in the region have found that it is an ideal means through which they can supplement
income earned from more traditional livelihood activities since it is not as labour intensive,
and does not require a very high initial financial investment. Products from the local bee
keeping industry are mainly supplied to markets in Kampala and the Democratic Republic of
Congo.
5. Forest resources in this region are mainly derived from Bugoma in Hoima and Budongo in
Masindi district. The local population depends on these native forests for fuel wood, timber,
forest foods and medicinal plants as well as hunting.
6. Tourism: The Albertine Graben is known for its rich biodiversity and is a popular tourist
destination. The Murchison Falls National Park is the largest protected area in the region
covering a land area of 3,840km in Buliisa and Nwoya districts and it receives a large
proportion of tourist visitors in this area.
7. Trading is primarily reserved to the urban centres although some people operate village
shops or market stalls.
8. Transport is provided by some youth who are engaged in boda-boda businesses although
passengers and cargo are also transported on Lake Albert mainly on small vessels and
ferries.
9. Other wage based livelihoods are available to a minority of the population in the Albertine
Graben, and include teaching, local government employment and the tourism sector.
Remittances are also received from employment outside the country, mainly Southern
Africa, Europe, USA and Canada.
3.2.4. Community and Social Infrastructure
The project area is predominantly rural with the exception of the established urban infrastructure in
Hoima town, the fledgling Buliisa town, and Pakwach (Nebbi District). Housing is mostly basic,
constructed from rudimentary material with a few exceptions. There is a visible distinction between
temporary structures made of non-durable materials, and occupied by temporary residents who
come to a village to cultivate the land (and have their permanent residence elsewhere), and
permanently occupied structures made from mud-and-wattle materials, baked or manufactured
bricks with thatched or corrugated iron-sheet roofing. The style of dwellings allows for easy
expansion and enlargement, generally with cooking and ablution facilities detached from the main
structures.
The infrastructure supporting the villages is by and large undeveloped. The main challenges include:
Access to energy: Communities are not connected to the national grid for electricity supply,
and use wood and charcoal as their main source of energy. A growing number of households
in Buliisa have improved their homes with solar panels.
Access to water and sanitation: Communities have varying levels of access to fresh water
supply (mostly non-potable), which has in recent years improved due to the active
Page 19
involvement by the Uganda Red Cross Society. Infrastructure remains unreliable in some
areas forcing people to travel considerable distances to collect water from communal
boreholes or unprotected springs and wells. Household sanitation facilities are not common.
Access to education: School infrastructure is limited and focused on primary education.

Classrooms are overpopulated, teachers are in short supply and there is insufficient support
to staff to make work in remote areas more attractive (e.g., allowances and staff housing).
High drop-out rates are experienced especially for girls due to teenage pregnancies and early
marriages. Secondary school facilities are sparse (only one secondary school in Buliisa
District), and most household do not afford to send eligible children for secondary education.
Access to health services: Infrastructure is limited and services are generally poor due to
insufficient basic supplies, medical treatment facilities and staff shortages. The JV Partners
have recently opened a Level IV Health Centre in the Buliisa Municipality. The incidence of
HIV/AIDS and other sexually transmitted diseases is increasing due to a lack of continued
sensitisation on reproductive health, low adaptation of preventative measures and
behaviours, inward migration of job-seekers as well as uncontrolled cash inflows (such as
compensation and wages during exploration activities into local communities which have
increased commercial sex).
Roads and transportation: Road infrastructure around the villages has gradually improved as
a result of the exploration activities. However, access routes remain poorly maintained and
impassable during the wet seasons. Modes of transportation include walking, bicycles and
motorcycles with limited access to minibus taxis and buses. A number of small vessels also
operate and provide transport services on the Lake Albert.
3.3. Land Tenure in the Albertine Graben
In the proposed Project area, land use can be classified5 as follows:
a) Private land use where land is used for subsistence cultivation, and commercial enterprises
such as small service and retail businesses, hotels, and taverns by individual owners;
b) Public land use which recognises communal land uses, such as grazing areas and community
conservation areas, lake shore landing sites, as well as institutional land use (this includes
places of worship and community halls) and cultural heritage sites. This is also referred to as
common property;
c) Government land such as educational and health facilities (district social infrastructure),
right-of-way and similar linear corridors used by UNRA and UETCL, and environmental
reserves such as Murchison Falls National Park (MFNP).
The Constitution (art. 237) and the Land Act (Cap. 227) only recognise formal (statutory) and
informal (customary) land-use, and four basic forms of land tenure in Uganda, namely:
Customary
Freehold
Leasehold, and
Mailo
5
Based on The Uganda National Land Policy (2013), page 17.
Page 20
Customary tenure
This is the most dominant type of land tenure in the Albertine Graben. The rights under
customary tenure are held either individually, by the family, by a clan or by a community.
There is an informal recognition of access to land under each bundle of right which is
majorly governed by the applicable norms and customs applicable to each area. Land is
owned in perpetuity under this type of tenure.
The Land Act provides for two mechanisms in which rights held under customary tenure can
be formally recognised:
I) By acquiring a Certificate of Customary ownership (CCO).

Any person, family or community holding land under customary tenure on former public
land may acquire a certificate of customary ownership. A CCO can be acquired through a
tiered application process. Applications are reviewed by the Area Land Committee and
certificates are eventually issued by the District Land Board.
ii) A Communal Land Association (CLA)

A CLA may be formed by any group of persons under the Land Act for any purpose
connected with the communal ownership and management of land, whether under
customary law or otherwise.
Freehold
This type of tenure refers to land ownership by an individual or private organisation with full
powers of disposition and the compulsory registration of title in perpetuity. Freehold tenure
is only permitted for Ugandan citizens and companies with a minimum Ugandan ownership
of 50 percent. Foreign entities can thus only access land in Uganda through leasehold and
are restricted from owning land in perpetuity.
Public policy regards freehold as the property regime of the future to the extent that current
laws provide for conversion from leasehold tenure or customary tenure to freehold. This
process is expensive as it requires substantial resources for adjudication, consolidation and
registration. Since the discovery of oil in the Albertine Graben, speculative buying of land
and registration of freehold title has increased significantly in the hope of sharing in the
benefits from petroleum production. Unscrupulous activities and dubious transactions will
add a level of complexity to land acquisition for the Project.
Government institutions prefer to own land in perpetuity; therefore, most government land
is held under freehold tenure. Some of the government land holdings in the Albertine
Graben area include: Nakuvale Refugee Settlement Area, Murchison Falls National Park,
several community wildlife areas and the Kyangwali Refugee Settlement.
Leasehold
Individuals or institutions can obtain a lease by means of a contract or operation by the law.
Under this form of tenure, tenants or lessees have exclusive possession, interest and
security of tenure on the land for a defined period of time in return for rent. A contractual
arrangement where interest on land is ensured for a period less than five years in return for
rent or lump sum compensation is referred to as a tenancy agreement. However, for a
Page 21
period exceeding five years, parties are obliged to apply for a leasehold title which is
formally registered6.
Common law recognizes the statute of tenancy agreements and sharecropping that are
not defined under the Land Act. In sharecropping arrangements, licensees are typically
granted authority to use land only for agricultural production (this usually covers annual and
semi-annual crops). In both these cases tenure is purely contractual and no legal security of
tenure is provided. However, licensees are empowered by the Land Act to convert such
interests in land into freehold title through a prescribed process7.
Mailo Land Tenure

Mailo land was introduced under the 1900 Uganda Agreement. The key characteristics of
mailo tenure under the Land Act are that it involves holding registered land in perpetuity.
Mailo tenure and native freeholds separate the ownership of land from occupancy or
ownership of developments by lawful or bonafide occupants. This creates conflicting
interests and overlaps in rights on the same piece of land. The Land (Amendment) Act of
2010 grants statutory protection to the bonafide and lawful occupants against any arbitrary
eviction as long as the prescribed nominal ground rent is paid. However, the nominal
ground rent provided for is largely ignored creating a land use deadlock between tenants
and registered land owners. The landlord-tenant relationship as legally regulated is often
not amicable or harmonious8.
In addition, common property resources are usually managed through institutional arrangements,
customs and social conventions designed to induce joint solutions to issues of access and benefit-
sharing. These resources are often situated on land owned privately by individuals and/or
communities (including clans). Common property resources, especially communal grazing land, have
in the past been illegally appropriated or sold, or individualised by members of local communities
without their consent9.
In Buliisa district, only 54 freehold and 10 leasehold applications had been approved by the District
Land Board in April 2012. A very small minority of the land in the Albertine Graben has registered
titles, and land is therefore predominantly held under (unregistered) customary tenure. The
discovery of petroleum has increased interest in land in the area, and a number of individuals have
started speculating in land. In a context where land administration is poorly developed, speculative
land transactions have led to a sharp increase in land disputes. For the vast majority of inhabitants
in the project area the cost of securing land rights under any of the tenure regimes recognised by
law remains unaffordable. The expense of registering freehold titles has already been alluded to,
and present land rights delivery mechanisms cannot be entrusted with the mandate to guarantee
tenure security, especially for the vulnerable.
3.4. Land Acquisition Challenges
6
The Land Acquisition Act (1965) provides for temporary occupation of waste or arable land by Government for public
purposes for a period of three years upon payment of appropriate compensation (section 10). The Land Act (1998)
provides for the leasing of land by a non-citizen and where the lease is for a period of five years or more, the lease shall be
registered in accordance with the Registration of Titles Act (Cap 205).
7
The Land Act (1998) provides for the conversion of customary tenure to freehold (section 10) and leasehold to freehold
tenure (section 29).
8
Uganda National Land Policy, 2013, p18.
9
Ibid, p20.
Page 22
A number of challenges in respect to the anticipated land acquisition process need to be addressed
prior to the commencement of land acquisition and resettlement activities. These are summarised
in Table 1.
Table 1: Current Land Acquisition Challenges

Challenge Description
Land registration in the Albertine Graben is sporadic with few freehold
and leasehold title applications having been approved in the last four
years. The low rate of land registration can be attributed to a number of
factors, including registration capacity and systems as well as the cost to
Land Titling
landowners. These challenges are likely to affect the successful
implementation of resettlement project activities unless the obstacles
to land registration are removed.
Speculation is a common consequence of publicly disclosed land

acquisition. Speculative behaviour is often initiated and may be funded
by resourceful individuals with access to information on potential
development areas (information which is otherwise not available in the
public domain). Acting on such information, speculators extort land
from desperate land owners (usually parcels held under customary
tenure) often at below-market prices and without the consent from
family or clan members who have interest in the same land. In addition,
Speculative behaviour
due to the large number of unregistered land parcels in the area, land is
often transferred and registered without consent or due process, by
individuals who do not share interests in the targeted land and who
have access to the land administrative system. Legitimate land owners
(with customary tenure rights) are thus deprived of their land rights,
often without their knowledge. Such land disputes have already caused
significant delays in the current land acquisition activities.
Weaknesses in the land administrative system have given rise to land

ownership disputes, not least as a result of incomplete transactional
processes, including title registrations. For example, the area referred
to as the Buhuka Flats in the Kingfisher Development Area was formerly
a controlled hunting area under the Uganda Wildlife Authority (UWA).
Current occupants of the land understand that the public use of the land
was relinquished in 2002 or 2003 in response to the growing
Contested land ownership requirement for land from the surrounding communities. The land
administrative process through which this land was relinquished is now
under scrutiny to determine whether the transaction was fully
regulated. New claims of ownership have arisen since the start of this
investigation, further complicating the matter. The resolution of claims
through the current land administrative system has caused delays in
compensation payments (especially for land) and increases the Projects
social risks.
Although customary tenure does not give clan leaders any land
ownership rights, these institutions have the power nonetheless to
establish rules for people claiming their rights and interests on specific
parcels of land. Increasingly, land is being parcelled out into individual
Recognising and formalising
plots, even in clan-held areas and there is therefore evidence of a move
rights under Customary
towards individual ownership.
tenure.
Certificates of Customary Ownership linked to membership of a given
clan may not be relied on as stable instruments since social migration
and community dynamics change family and community composition:
Page 23
Challenge Description
clans and families retain the right to exclude individuals from
membership. Furthermore, customary practices continue to override
legislated provisions that recognise and enforce womens land rights. It
has thus been observed in recent studies (10) that women in the
proposed Project area who have access to land for subsistence
agricultural production typically have no land ownership rights or
ownership of the agricultural activities they participate in. Similarly,
youth who have not yet attained independence or reached full maturity
as defined by the prevailing customs have limited access to land outside
their customary rights as a member of a clan or family.
The cultural dynamics across the Albertine Graben (including both

internal and cross border migrations) has diluted the recognised
customs in which land can be held. Communal disputes in recognising
individual, clan or family rights on customary land caused by the ever
emerging multiplicity in the tribes. This presents a challenge of
recognising a specific formal cultural institution while acquiring land and
the land rights have to be recognised on a case by case basis.
These challenges are likely to hinder the transfer of land to the Project and also result in an
escalation in the cost of implementing land acquisition and resettlement. It is important to gain
broad government support (especially at the local level) to identify land tenure arrangements as well
as asset ownership, and define an effective mechanism to better control land transfers and limit
speculation (moratorium or other mechanism).
10
EA1 / EA2 North Social and Health Baseline Study, 2015.
Page 24
4. RESETTLEMENT EXPERIENCE IN UGANDA
The discovery of commercially viable oil reserves in the Albertine Graben initiated a number of
infrastructure development projects that required resettlement. The RAPs for three of these
projects, as well as a resettlement assessment of one of the first resettlement projects since 1995,
have been reviewed in order to develop an understanding of the resettlement experience in
Uganda; specifically:
Resettlement Action Plan (RAP) for Proposed Hoima-Mputa-Fort Portal-Nkenda 132 kV

Power Transmission Line and Associated Substations UETCL, 2008;
Resettlement Action Plan (RAP) of Proposed Upgrading of Kigumba-Masindi-Hoima-Kabwoya
Road to Bituminous Standards UNRA, 2012;
Resettlement Action Plan (RAP) for the Proposed Acquisition of Land for the Oil Refinery in
Kabaale Parish, Buseruka Sub-County, Hoima District PEDPD, 2012;
Assessment of Past Resettlement Activities and Action Plan (APRAP) (Bujagali HPP) Bujagali
Energy Limited, 2006;
Monitoring Reports (1-4) on the Implementation of Findings of Non-Compliance and Related
Actions to be undertaken by the ADB Management on the Bujagali Hydropower and
Interconnection Projects Independent Review Mechanism (IRM), 2009-2012.
Agricultural Cluster Development Project Resettlement Policy Framework by MAAIF (2014)
The review was specifically concerned to identify the compensation packages that were offered by
the proponents and to establish the means by which additional requirements, over and above
Uganda legislation, were met. Detailed summaries of findings are included in Annex 1.
4.1. Key Findings from Past Experience
Based on the review of past resettlement projects, the following key findings are presented:
Table 2: Summary of Past Resettlement Experiences
Key Findings Brief Description

RAPs consistently included references to international guidelines such as
the IFC PS5, World Bank (WB) OP 4.12 and African Development Bank
(AfDB) policies. The degree to which projects adhered to the additional
requirements (exceeding the requirements of Uganda laws) was
Legal Framework dependent on the extent to which projects received funding from these
institutions. Examples: RAP for Oil Refinery by MEMD (2012); RAP for
Hoima-Mputa-Fort Portal-Nkenda Transmission Line by UETCL (2008);
RAP for Upgrade of Kigumba-Masindi-Hoima-Kabwoya Road by UNRA
(2012).
RAPs included a baseline section from which key resettlement impacts
were deduced. Livelihood impacts were also identified and considered
as part of the compensation framework. The notion of livelihood
restoration to the same pre-resettlement standard was consistently
Impacts assessment mentioned, and in some instances, the potential for improvement of
conditions after resettlement had been explored. Despite these
commitments, limited detail was provided to guide livelihood
restoration activities during implementation.
Page 25
Key Findings Brief Description

In mitigation of the loss of income from crop production, commercial
enterprises, and employment, several RAPs provided various forms of
transitional assistance to PAPs that exceeded Uganda laws. Loss of
income from perennial crops was mitigated through a transitional
allowance for the duration of the re-establishment of the replacement
Transitional assistance crop to maturity. A loss of income from business or employment
disruptions was also catered for on some projects. Examples: RAP for
Hoima-Mputa-Fort Portal-Nkenda Transmission Line by UETCL (2008);
RAP for Upgrade of Kigumba-Masindi-Hoima-Kabwoya Road by UNRA
(2012).
Despite acknowledgement of the potential negative impacts of cash

compensation, efforts to provide more attractive resettlement
combinations of cash and in-kind packages were limited and cash
compensation was by and large preferred by PAPs. The availability of
Compensation packages land and mechanisms to secure replacement land were not widely
tested. Example of an effort to consider replacement land: RAP for
Bujagali Hydropower Project, review report of 2006. Other recent
UETCL projects.
RAPs generally based their compensation rates on existing rates tables

(district rates), and, where applicable, valuation methods using market
values. Compensation at full replacement cost was used in some
instances to meet external funding requirements. Example: mentioned
Asset valuation method
as principle in RAP for Oil Refinery by MEMD (2012). Also included in
Agricultural Cluster Development Project Resettlement Policy Framework
by MAAIF (2014).
Identification of potentially vulnerable PAPs was widely adopted, and

special assistance measures were put in place to ensure that these
households had access to the same benefits. Spousal consent was also
Vulnerability assistance used to ensure that women participated in decisions regarding
compensation options. Example: Agricultural Cluster Development
Project Resettlement Policy Framework by MAAIF (2014).
Computation of unspecified rates, for instance for the determination of

transitional allowance to compensate for the loss of regular income, was
based on calculated averages derived from baseline data. However, it is
important to note that the use of average baseline values for the
calculation of unlisted rates is not an equitable approach to determine a
Special rates
fair rate of compensation. Example: RAP for Upgrade of Kigumba-
Masindi-Hoima-Kabwoya Road by UNRA (2012) and Resettlement Policy
Framework for the Energy Rural Transformation Phase III by UETCL
(2014).
This was not widely applied, but independent institutions to support

and advise PAPs during implementation were used in at least one
instance, including independent legal counsel and witnessing of
External support
implementation activities. Example of an effort to consider replacement
land: RAP for Bujagali Hydropower Project, review report of 2006.
The precedents set by past experience will be taken into consideration for the Lake Albert
Development Project LARF. The following matters deserve specific reference:
Page 26
The legal and administrative frameworks for the RAPs have upheld the supremacy of Uganda
laws. In addition, international guidelines have been adopted to further safeguard against
the risks of impoverishments associated with involuntary resettlement11. It is thus often
necessary to supplement the legal framework for land acquisition and resettlement by
adopting additional measures to assure that implementation of resettlement does not lead
to large scale impoverishment and deprivation12 . The scope of application of these
additional measures will be limited to the Project and in proportion to the scale of impact of
displacement caused by project activities.
Compensation options entailed mainly a cash option and a resettlement option, with the
overwhelming preference for cash compensation, and with limited scope for effective
restoration and improvement of livelihoods. Transitional allowances have provided a degree
of security in this regard; but with the ease with which cash compensation has been
accepted as form of compensation, realistic programmes to ensure the continuation of
farming activities (the main source of livelihood) have been lacking, not least as a result of
the lack of coordination to ensure that PAPs have access to replacement land. Land
availability for the restoration of agricultural livelihoods has not been established and is
likely to be a significant challenge in the restoration of land-based livelihoods.
Most RAPs (for instance those implemented by UETCL and UNRA) have demonstrated a
willingness by project proponents to exceed statutory rates. The disclosure of the rates
calculation, including transitional allowances, for perennial crops in one of the RAPs is an
example of dealing with extraordinary situations in a transparent manner that protects the
interests of affected people. The calculation of rates for unlisted items (for instance to
mitigate potential short-term losses of income from employment) has also demonstrated
the importance of baseline data collection. The principle of equitability provided for in
Uganda law should guide the development of additional rates; income restoration measures
should ideally be based on actual household requirements and not on baseline averages.
A detailed summary of findings from each of the documents reviewed can be found in Annex 1.
5. LEGAL AND ADMINISTRATIVE FRAMEWORK
This section describes the legal and administrative framework for undertaking land acquisition and
resettlement for the Project, with specific reference to all relevant Uganda laws and other statutory
provisions, and the IFC Performance Standard for Land Acquisition and Involuntary Resettlement
(PS5).
The process for developing the legal framework for the LARF is illustrated in Figure 2.
The IFC Performance Standards require that projects identify all laws of the host country that are
applicable to land acquisition and involuntary resettlement, including relevant local customs and
traditions that govern affected communities. However, where national legislation falls short of
meeting the conditions prescribed by IFC Performance Standards, projects should ensure they meet
11
See M. Cernea, 2004. Impoverishment Risks, Risk Management, and Reconstruction: A Model of Population
Displacement and Resettlement. Also read Involuntary Resettlement Portfolio Review Phase II: Resettlement
Implementation by Social Development Department, World Bank, June 2014.
12
The Ministry of Lands, Housing and Urban Development is in the process of developing a National Land acquisition,
Resettlement and Rehabilitation Policy.
Page 27
the Performance Standards. On this basis this section identifies gaps between Uganda laws and IFC
policies, and proposes a strategy to address those gaps without infringing on issues of national
sovereignty. Where differences between standards have been identified, the more stringent of IFC
Performance Standards and Uganda policies, legislation, and regulations applies for this LARF.
Figure 2: Legal Framework for LAR
Since the option is available to the Project to acquire land by means of compulsory acquisition (also
referred to as expropriation or eminent domain) in the event that the affected parties fail to agree
on a compensation settlement, this legal and administrative framework must specifically clarify:
the scope of the power of eminent domain and the nature of compensation associated with
it, both the procedures for assessing compensation values and the schedule for making
compensation payments;
the legal and administrative procedures applicable, including the appeals process and the
normal time for such procedures;
land titling and registration procedures; and
laws and regulations relating to the agencies responsible for implementing resettlement and
those related to land compensation, consolidation, land use, environment, water use, and
social welfare.
Furthermore, based on the Land Acquisition and Resettlement Principles adopted for this Project,
the legal framework will determine the policy provisions that are required to safeguard the
following:
consultation regarding resettlement activities;

provision of timely compensation for lost assets at full replacement cost;
alternative sites to choose from for relocation;
provision of resettlement assistance, if required; and
improvement of livelihoods.
These conditions are not commonly prescribed in Uganda legislation. Therefore, the development of
the RAP legal framework requires the Project to compare prevailing laws and regulations of Uganda
with the IFC Performance Standards on involuntary resettlement.
5.1. Corporate Policies
The JV Partners each have corporate policies pertaining to their social responsibilities. These are
referred to differently by each Partner and include Environment, Health and Safety policies, Ethics
Page 28
Charters, commitments to the protection of biodiversity and strategies for operating in sensitive
environments. Social commitments, including stakeholder engagement, are summarised for each
Partner in the sections below.
5.1.1. TUOP Policies
In its Environment and Social Performance Standard, TUOP states that it will comply with the
requirements of all applicable host country laws and regulations, and apply their Standard where
their requirements are more stringent than host country laws. The Standard requires that a robust
stakeholder engagement process is followed, which is well-planned and coordinated, including the
identification of potential stakeholders and the participation of project impacted people to discuss
and contribute to project design, scope, impacts and mitigation measures prior to the start of
project activities.
In its policy statement on human rights, TUOP commits to a human rights due diligence from the
start of a potential project and to actively engage employees and contractors with appropriate
cultural awareness training. TUOP will undertake all its operations in conformity with the Voluntary
Principles on Security and Human Rights.
5.1.2. TEPU Policies
TOTAL S.A.s ambition is to act and be recognized as an industrial operator with a strategy centred
on respect, listening, dialogue and stakeholder involvement, and as a partner in the sustainable
social and economic development of its host communities and countries. TOTAL commits, among
others, to:
Developing transparent, constructive relationships with all of its stakeholders;

Reducing negative socio-economic impacts related to its operations;
Participating in the economic diversification of host communities and countries by
supporting local initiatives;
Contributing to human development by emphasizing education and the strengthening of
local skills and capacities; and
Enhancing the value of the historical, natural and cultural heritage of local communities.
In their Health, Safety and Environment Charter, TOTAL commits itself to comply with applicable
Ugandan laws and regulations, international standards, as well as TOTAL Group policies in the fields
of Health, Safety and Environment. In matters of safety, health, environment and quality, Total
further adopts a constructive attitude based on open dialogue with stakeholders and outside
parties. Through its social commitment, it focuses on developing its activities in harmony with the
neighbouring communities. In its Ethics Charter, TOTAL commits to contributing to the social and
economic development of the countries in which it operates, in compliance with local legislation and
regulation. It is committed to protecting the environment and respecting local cultures.
5.1.3. CUL Policy
CUL, in its social policies, is committed to contributing to the economic development of the country
and ensure that the communities where CUL operates benefit from their operations. CUL will
operate in compliance with Uganda laws and regulations and pursue high standards of business
ethics and corporate governance, and implement advanced standards and industry best practice. It
is committed to pursuing a win-win relationship with stakeholders, and to respect the rights and
Page 29
interests of stakeholders, by supporting local communities in the development of education, and

contributing to poverty alleviation, among others.
5.2. Uganda Laws and Regulations
Several Uganda statutes contain information about the rights and obligations of Government and its
agencies as well as its citizens, regarding the acquisition of land, including the administration of such
transactions, pre-conditional and subsequent arrangements and the authority of different levels of
government and their agencies in administering land. For the purpose of this LARF, a
comprehensive legal review was conducted based on the following laws and regulations:
The Constitution of the Republic of Uganda, 1995( as amended)

The Land Act, Cap 227, 1998 ( as amended)
The Land Acquisition Act, Cap 226,1965
Registration of Titles Act, Cap 230, 1924
Petroleum (Exploration, Development and Production) Act, No. 3 of 2013
The Water Act, Cap 152
The National Forestry and Tree Planting Act, No. 8 of 2003
Physical Planning Act, No. 8 of 2010
Survey Act Cap 232, 1939 ( as amended)
The Roads Act, Cap 358, 1964
Access to Roads Act, Cap 350, 1969
Uganda National Roads Authority Act, 2006
Local Government Act, Cap 243, 1997 (and as amended in 1997, 2001 and 2003)
Illiterate Protection Act, Cap 78, 1918
National Oil and Gas Policy for Uganda, 2008
Uganda National Land Policy, 2013
Strategic Environmental Assessment of Oil and Gas Activities in the Albertine Graben, 2015
National Physical Planning Standards and Guidelines, 2011
National Policy for Older Persons, 2009
Environmental Impact Assessment Guidelines for the Energy Sector, 2004
The National Environment (Wetlands, River Bank and Lake Shores Management)
Regulations, No. 3 of 2000
Key legislation in respect of the anticipated land acquisition are summarized briefly in the following
sections.
Page 30
THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995

Land in Uganda belongs to the citizens of Uganda and is vested in them in accordance with four land
tenure systems: Customary, Freehold, mailo and Leasehold. However, the government or a local
government may acquire land from individual owners in the public interest. To this end, compulsory
deprivation of property or an interest in or right over property of any description can only be made
under a law which makes provision for prompt payment of fair and adequate compensation prior to
the taking possession or acquisition of the property, and a right of access to a court of law by any
person who has an interest or right over the property.
THE LAND ACT, CAP 227, 1998

This law regulates the tenure, ownership and management of land in Uganda. The Act establishes a
number of land administration institutions, notably District Land Boards, District Land Office, Land
Tribunals and Land Committees. The Land Act makes further provision for government or local
government to acquire land compulsorily as long as this is done after the affected persons have
been adequately compensated (the procedure for this acquisition is set out in the Land Acquisition
Act).
THE LAND ACQUISITION ACT, CAP 226, 1965

Compulsory acquisition of land is defined as the intervention of Government, including local
government, to acquire land in the national interest, such as public use, interest of defence, public
safety, public order, public morality and public health. There is no provision for compulsory
acquisition of land by individuals or corporate bodies in the name of public interest, and is thus the
explicit prerogative of the State. The Act stipulates that land owners affected by compulsory
acquisition must be adequately compensated for their land, developments thereon, and loss of
livelihood prior to the resettlement or relocation. The procedures for compulsory acquisition are
also detailed in the Act.
PETROLEUM (EXPLORATION, DEVELOPMENT AND PRODUCTION) ACT, NO 3 OF 2013

The interest in land in a development area belongs to the land owner. The Government of Uganda
is, however, vested with the interest in the petroleum in or under any land or water in Uganda.
Subject to any law relating to acquisition of land, and Section 135 of the same Act, a holder of a
petroleum production licence may obtain a lease of the land or other rights to use it upon such
terms as to the rent to be paid for the land, the duration and extent or area of the land to which the
lease or other right of the lease shall relate as may be agreed upon between the holder of a licence
and the land owner.
A licensee should pay to the land owner a fair and reasonable compensation for any disturbance of
his or her right and for any damage done to the surface of the land, any crops, tree, building or
works. The basis upon which compensation is payable for damage to the surface of any land is the
extent to which the market value of the land has been reduced by reason of the damage, but
without taking into account any enhanced value due to the presence of petroleum. In assessing
compensation payable under this arrangement, account should be taken of any improvements
effected by the licensee or by the licensees predecessor in title, the benefit of which has or will
accrue to the land owner.
Payment of rent or compensation to a land owner for termination of his or her lawful occupancy is
deemed to be adequate compensation for deprivation of the use of the land to which the rent or
compensation relates. Land owners who are dissatisfied with any compensation offered by a
licensee should have the dispute determined by the Chief Government Valuer.
Page 31
The Government of Uganda does not yet have a national policy on involuntary resettlement. As a
result, many development projects in Uganda have adopted resettlement policies and
implementation principles that combine provisions from existing Uganda laws and policies with
Standards and Operational Procedures developed by multilateral organisations such as the AfDB, WB
and the IFC. For more details on the findings of the legal review, please refer to Annex 2.
PRODUCTION SHARING AGREEMENTS

The exploration, appraisal, development and production activities of the JV Partners are regulated
by 4 Production Sharing Agreements (PSAs) which set out a range of terms and conditions for the
petroleum development, including terms of cost recovery and revenue sharing. With regard to land
acquisition, the PSA states that all land shall become the property of the Government as soon as it is
acquired by the Licensee, subject to its continued use rent-free by the Licensee until the date upon
which the Agreement is terminated. The responsibility for the land acquisition process thus lies with
the JV Partners while ownership of the acquired land will be vested in ULC on behalf of the
Government of Uganda.
5.3. IFC Performance Standards
In line with the IFCs Performance Standards 5, the Strategic Environmental Assessment13 (SEA -
Annex 10) provides guidance for the screening of oil and gas activities in the Albertine Graben and
establishes parameters for conducting land acquisition and compensation including resettlement of
persons who may be affected during implementation of oil and gas investment activities in the
Albertine Graben, particularly for infrastructure, socioeconomic activities and conflict-prone
activities such as the taking of land for oil and gas exploration, processing and related production
facilities as well as associated facilitates.
The JV Partners are committed to adhere to the SEA and to apply the IFCs Performance Standards
and Guidance. These international standards set certain requirements for the resettlement
programme, particularly with regard to the compensation payable to affected people, the standard
of living in the resettlement sites, the livelihood programmes offered, and the process of
consultation with the affected communities.
The IFCs Policy and Performance Standards on Social and Environmental Sustainability have become
the international benchmark for good practice on extractive industry projects. The majority of large
companies in the extractive industry, and financial institutions funding such projects seek adherence
to IFC standards. This Project intends to apply and comply with IFC standards that relate to land
acquisition and resettlement.
Central to the standards is the IFCs principle of do no harm to people or the environment.
Negative impacts should be avoided where possible, and if these impacts are unavoidable, they
should be reduced, mitigated or compensated for appropriately. In particular, the IFC is committed
to ensuring that the costs of economic development do not fall disproportionately on those who are
poor or vulnerable.
The full series of Performance Standards, designed to improve social and environmental outcomes,
consist of the following:
13
The Strategic Environmental Assessment (SEA) was approved by Government of Uganda in July 2015.
Page 32
Table 3: IFC Performance Standards
PS1 Assessment and Management of Environmental and Social Risks and Impacts
PS2 Labour and Working Conditions
PS3 Resource Efficiency and Pollution Prevention
PS4 Community Health, Safety and Security
PS5 Land Acquisition and Involuntary Resettlement
PS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources
PS7 Indigenous Peoples
PS8 Cultural Heritage
Key relevant IFC documents other than PS5 are:
PS5 Guidance note (2012)

Revised Environmental and Social Review Procedure (2013)
IFC Handbook for Preparing a Resettlement Action Plan (2002)
Performance Standard 5 is the core standard related to land acquisition and resettlement. It refers
to the management of physical displacement (i.e. relocation or loss of shelter) and economic
displacement (i.e. loss of assets or access to assets that leads to loss of income sources or means of
livelihood) as the result of project-related land acquisition.
The objectives of Performance Standard 5 include:
To avoid, and when avoidance is not possible, minimize displacement by exploring

alternative project designs;
To avoid forced eviction;
To anticipate and avoid, or where avoidance is not possible, minimize adverse social and
economic impacts from land acquisition or restrictions on land use by (i) providing
compensation for loss of assets at replacement cost, and (ii) ensuring that resettlement
activities are implemented with appropriate disclosure of information, consultation, and the
informed participation of those affected;
To improve, or restore, the livelihoods and standards of living of displaced persons; and
To improve living conditions among physically displaced persons through the provision of
adequate housing with security of tenure at resettlement sites.
Performance Standard 5 requires:
That the project proponent identify those persons who will be displaced and establish a cut-
off date to establish eligibility for compensation;
The project proponent to offer land-based compensation, where feasible, where livelihoods
of displaced persons are land-based, or where land is collectively owned;
Negotiated settlements to be encouraging to avoid forcible removal of people;
Private sector companies to bridge the gap between domestic legal requirements and the
requirements of the Performance Standard where necessary; and
Preparation of a RAP, which demonstrates how displacement will be managed in accordance
with the Performance Standard.
Performance Standard 5 further requires that standards for compensation be transparent and
consistent within a project, and established with the participation of those impacted. Project
Page 33
proponents must, according to the Performance Standard, offer displaced persons compensation for
loss of assets at full replacement cost, and other assistance to help them improve or at least restore
their standards of living or livelihoods.
In the case of physically displaced persons, the Performance Standard requires that project
proponents offer the choice of replacement property of equal or higher value, equivalent or better
characteristics, and advantages of location and security of tenure, or cash compensation at full
replacement value where appropriate.
If land acquisition for the project causes loss of income or livelihood, regardless of whether or not
the affected people are physically displaced, project proponents are required to:
Promptly compensate economically displaced persons for loss of assets or access to assets at
full replacement cost;
In cases where land acquisition affects commercial structures, compensate the affected
business owner for the cost of re-establishing commercial activities elsewhere; for lost net
income during the period of transition; and for the cost of the transfer and reinstallation of
the plant, machinery or other equipment;
Provide replacement property (e.g. agricultural or commercial sites) of equal or greater
value, or cash compensation at full replacement cost where appropriate, to persons with
legal rights or claims to land which are recognized or recognizable under the national laws;
Compensate economically displaced persons who are without legally recognizable claims to
land for lost assets (such as crops, irrigation infrastructure and other improvements made to
the land) other than land, at full replacement cost;
Provide additional targeted assistance (e.g. credit facilities, training, or job opportunities),
and opportunities to improve or at least restore their income-earning capacity, production
levels, and standards of living to economically displaced persons whose livelihoods or
income levels are adversely affected; and
Provide transitional support to economically displaced persons, as necessary, based on a
reasonable estimate of the time required to restore their income-earning capacity,
production levels, and standards of living.
PS5 requires project proponents to identify, review, and abide by all laws of the host country that
are applicable to land acquisition and involuntary resettlement.
Page 34
5.4. Comparison of IFC Standard and Uganda Regulations
A comparison of IFC standards and Uganda legislation is provided in

Table 4. Gaps are identified and a strategy to address each gap is proposed.
Table 4 Gap Analysis Table
Proposed
Resettlement IFC Performance Standard Uganda Regulation Gaps Mitigation
Topic
Measure
Feasible alternative Project Activities must be exercised in a IFC Standards explicitly require The JV Partners
designs should be considered to manner that affects land owners that resettlement be minimised commit to avoiding
avoid or at least limit physical or as little as possible14. by considering alternative project or minimising
Alternative
economic displacement. design. impacts by
project designs considering
alternative project
designs.
In the case of physical Displacement resulting from Resettlement plans are not The JV Partners
displacement, a Resettlement development project activities is required by Uganda laws, but are commit to develop
Action Plan will be developed. In not defined in Uganda laws. prescribed in the EIA Guideline Resettlement
the case of economic However, EIA Guidelines for the for the Energy Sector. Action Plans and
displacement only, a Livelihood Energy Sector refer to Livelihood
Planning Restoration Plan will be compensation and resettlement Restoration Plans
Instruments developed. Where both physical as consequences of displacement. once impacts of
and economic displacement is It also makes provision for the proposed land
caused, livelihood restoration will development of a Compensation acquisition and
15
be incorporated in the Plan or a Resettlement Plan . resettlement
Resettlement Action Plan. activities have been
identified.
14
Section 10.1 of EIA Guideline for the Energy Sector, 2004
15
Section 10.7 of EIA Guideline for the Energy Sector, 2004
Page 35
Proposed
Topic
Measure
Resettlement activities must be A Licensee is not permitted to Despite references to The JV Partners
planned and implemented with exercise any right upon land consultation and disclosure, commit to
appropriate disclosure of without prior written consent community participation does not informing project
information, consultation and the from the land owner16. Disclosure drive the land acquisition and affected persons
informed participation of those and consultation are also required resettlement process. (including host
affected including host as soon as the need for communities) and
communities in decision-making. resettlement has been identified. According to the Petroleum having them
(Exploration, Development and participate in
Consultation and The perspectives of women, For compulsory land acquisition, Production) Act, accounting for resettlement
Information minority groups and other the Minister of Lands, Housing the [] interests of the planning.
Disclosure categories with special and Urban Development must community is done after having Furthermore, they
requirements must be obtained declare the location, approximate obtained consent from affected commit to timely
and their interests factored into area and plan of the land persons. disclosure of
17
resettlement planning and required . All land owners and information within
implementation. occupiers must receive a copy of There is no mention of how host affected
this declaration and must be communities or women shall be communities.
informed on when and where they engaged during resettlement
can inspect the plan of the land. activities.
Eligibility criteria should recognize Uganda laws recognise land Uganda laws and the IFC PS 5 are The JV Partners will
the rights of those affected occupancy under four regimes of consistent in the recognition of recognise the rights
people: land tenure, namely freehold, the rights of occupants and land of all affected
Who have formal legal rights leasehold, mailo and customary. owners under the different land people including
Eligibility to the land or assets they Under these different types of tenure regimes. those with formal
occupy or use land ownership, occupants and legal rights; those
Who do not have formal legal land owners are eligible for without formal
rights to land or assets, but compensation for land, legal rights and
have a claim to land that is improvements to land, crops and those who have no
16
Section 138 (1) Petroleum (Exploration, Development and Production Act) No. 3 of 2013
17
Section 3 (1) Land Acquisition Act Cap. 226
Page 36
Proposed
Topic
Measure
recognized or recognizable structures. recognisable legal
under national law right to land or
Who have no recognizable assets used or
legal right or claim to the land occupied by them.
or assets they occupy or use The census to be
The census will establish the undertaken prior to
status of the displaced persons. land acquisition
and resettlement
activities will
establish the status
of the displaced
persons
In the absence of government There is no legal provision for the The Uganda regulations are Cut off dates for
procedures the client will establishment of a cut-off date, unclear on how a cut-off date is eligibility will be
establish a cut-off date for but the EIA Guidelines for the to be enforced. well documented
eligibility which will be well Energy Sector make reference to and disseminated
documented and disseminated the cut-off date for the throughout the
throughout the project area. determination of eligibility, but project area,
does not provide any procedural including relevant
guidance18. national ministries
Cut-Off Date
and local
With regard to compulsory land government.
acquisition the intention to
acquire land must be published in
several notices; exhibited at
convenient places on or near the
land and should state who should
19
be compensated .
18
Section 10 of EIA Guidelines for the Energy Sector, 2004.
19
Section 5 (1) Land Acquisition Act Cap. 226
Page 37
Proposed
Topic
Measure
Where involuntary resettlement is Uganda laws do not require that a The Guidelines require that a The JV Partners
unavoidable, a census will be census be taken of the persons census be conducted in the event commit to
carried out to collect appropriate who will be displaced by the of compensation and identifying all
socio-economic baseline data to project. However, the EIA resettlement. persons who will be
identify the persons who will be Guidelines for the Energy Sector displaced as a
displaced by the project, refer to the census as the means result of their
determine who will be eligible for to identify all affected persons and development
Census compensation and assistance. their means of livelihood. It also activities. This will
refers to a baseline study to be done in the form
identify all interests in affected of a census prior to
assets, including the rights of resettlement to
20
tenants . determine who will
be eligible for
compensation and
assistance.
20
Section 10.4 of EIA Guidelines for the Energy Sector, 2004.
Page 38
Proposed
Topic
Measure
Physically displaced persons will Uganda laws do not require that There is no specific requirement The JV Partners
be offered a choice of physically displaced persons be for the resettlement of persons policy is to provide
replacement property of equal or offered a choice of resettlement who are physically displaced by a physically displaced
higher value, security of tenure, housing (out of the options development project in Uganda persons the right to
equivalent or better available) and relocation laws, other than making choose from a
characteristics, and advantages of assistance. However, the EIA replacement building materials number of
location or cash compensation Guidelines for the Energy Sector available. resettlement
where appropriate. refers to the requirement to options, and
provide suitable materials for resettlement sites
Physical
resettlers to build their own must offer
Displacement
housing. improved living
and Relocation conditions. They
The Physical Planning Standards must also provide
specify plot sizes and materials to suitable relocation
be used for the establishment of assistance. No
new residential infrastructure21. forced evictions
(except those that
are in accordance
with the law) are to
be carried out.
Economically displaced persons Displacement resulting from The Uganda laws do not The JV Partners will
will be compensated for the loss development project activities is categorise project affected commit to
of economic assets at full not defined in Uganda law. The persons according to the impact compensating
Economic
replacement cost (PS5, 27) and EIA Guidelines for the Energy that proposed land acquisition economically
Displacement
with replacement land of at least Sector considers compensation for and resettlement activities have displaced persons:
(loss of land) the same productive potential
22
the loss of land . The type of on them. with
and location advantage (PS5, compensation packages that replacement
28). should be awarded to project There is no specific requirement land of at least
21
Chapter 2 (see also Table 1, p. 8) of National Physical Planning Standards and Guidelines, 2011.
22
Section 10 of EIA Guidelines for the Energy Sector, 2004.
Page 39
Proposed
Topic
Measure
affected persons is not described. to provide replacement land to the same
project affected persons, but it is productive
an option available for potential and
consideration. location
advantage, or
for the loss of
economic
assets at full
replacement
cost.
Page 40
Proposed
Topic
Measure
Economically displaced persons Unlike economically displaced The local laws are inconsistent The JV Partners are
will also be provided with (i) persons who own land, with what is stipulated in the IFC committed to the
assistance to re-establish commercially displaced persons guidelines when it comes to provision of
commercial activities only have legal claims to land by assistance in the re-establishment support to
(businesses), (ii) replacement virtue of occupancy. The Uganda of commercial activities and commercially
property of equal or greater laws recognise this ownership as a provision of replacement displaced persons,
value, and will be provided with formal land right and such property with transitional support who will receive:
transitional support as necessary occupants must be considered as necessary to restore the assistance to
to restore their income-earning under Section 139, Subsection 1b affected persons income earning re-establish
capacity and standards of living of the Petroleum (Exploration, capacity. commercial
Economic (PS5, 29). Development and Production) Act activities;
which provides that account shall replacement
displacement
be taken of any improvements property of
(businesses) effected [] the benefit of which equal or
has or will accrue to the land greater value;
owner. and
transitional
support to
restore their
income
earning
capacity and
standards of
living.
Page 41
Proposed
Topic
Measure
Mitigation measures to mitigate The District Land Boards assess Computation of compensation as The JV Partners
adverse impact should include compensation based on open outlined in the Land Act does not commit to
compensation at full replacement market value of the unimproved offer full replacement cost mitigating the
cost for loss of assets and other land; and buildings on the land are prescribed by the IFC. However, adverse impacts
assistance to help them improve compensated at open market there appears to be room for associated with
or restore their standards of living value (in urban areas) and reaching acceptable rates land acquisition
and livelihoods. depreciated replacement cost for through consultation. and resettlement
23
the rural areas . Standing crops by compensating
Where livelihoods of displaced which can be harvested during the affected persons at
persons are land-based, or where period of notice shall not be full replacement
land is collectively owned, compensated. The list of rates of cost of the affected
Full Replacement
affected persons will be offered compensation compiled by the assets.
Cost land-based compensation where district land boards are to be used
feasible. in determining the rates of
compensation.
Land will be taken into possession
only after compensation has been The EIA Guidelines for the Energy
made available and resettlement Sector refer to acceptable
sites and moving allowances have compensation rates which are to
been provided to affected be established after consultation
persons (PS5, 2, 9). with representatives of the
24
affected communities .
Compensation in kind should be Article 26 of the 1995 of the The JV Partners are not required The JV Partners
Form of considered in preference over Constitution of Uganda protects by Uganda laws to consider commit to
Compensation cash. Ugandans from deprivation of compensation in kind although compensating
property. Land can only be the EIA Guidelines for the Energy affected persons
accessed once prompt payment Sector refer to the constraints to for loss of rights
23
Section 24 of Land Regulations, 2004.
24
Page 42
Proposed
Topic
Measure
of fair and adequate monetary compensation. over land or
compensation prior to the taking property in kind in
of possession of the property has preference over
been undertaken. cash.
In resettlement planning, The 1995 Uganda Constitution The Uganda laws offer protection The JV Partners
particular attention should be stipulates that: the State shall of vulnerable groups from commit to planning
given to the poor and vulnerable, take affirmative action in favour of exploitation. However, this does with particular
and compensation in kind should groups marginalised on the basis not provide the procedure for this focus to vulnerable
be offered to facilitate permanent of gender, age, disability or any category of project affected project affected
relocation and establishment at other reason [] for the purpose persons to be consulted, engaged persons.
an alternative location. of redressing imbalances which or further protected. Resettlement
Vulnerable
exist against them. This packages should
Groups regulation is not fully described in give preference to
the context of resettlement and compensation in
land acquisition. The EIA kind with special
Guidelines for the Energy Sector facilitation of
require that vulnerability is permanent
established during the census25. relocation.
Affected persons will have access Disputes regarding compensation Uganda laws do not explicitly The JV Partners
to an independent grievance will be determined by require that development project commit to making
mechanism to lodge concerns and Government (in practice the Chief implementers develop an independent
complaints about compensation Government Valuer). In addition, independent grievance redress grievance
Grievances
and relocation without impeding any person who has an interest or mechanisms that are accessible mechanism
access to any judicial or right over property being acquired to affected communities and accessible to
administrative remedies (PS5, compulsorily has a right of access individuals. However, the EIA project affected
11). to a court of law26. Guidelines for the Energy Sector persons, including
25
26
Section 2 and other related sections of Land Acquisition Act Cap 226.
Page 43
Proposed
Topic
Measure
makes provision for a grievance free access to
committee at the lowest level of judicial and
activity27. administrative
remedies.
A procedure to monitor and An evaluation procedure is Uganda laws do not require The JV Partners
evaluate the implementation will prescribed in the EIA Guidelines development project commit to
be established; affected persons for the Energy Sector, including a implementers to develop a developing a
will be consulted during the team of experts to provide monitoring and evaluation Monitoring and
monitoring process (PS5, 14). technical advice during procedure for the land acquisition Evaluation
monitoring. Monitoring is based and resettlement process procedure that will
28
Monitoring and on the Resettlement Plan . contrary to what is required by assess the
Evaluation the IFC. However, the EIA implementation of
Guidelines for the Energy Sector land acquisition
makes recommendations about and resettlement
monitoring and evaluation of activities. Affected
resettlement plans. persons will be
consulted during
the M&E activities.
27
28
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6. RESETTLEMENT PROCESS AND ADMINISTRATIVE FRAMEWORK
Resettlement planning and implementation is a systematic process with the ultimate objective to
maintain the Projects social licence to operate. A significant part of the work involves technical
planning for which specialist skills are required, and stakeholder engagement is a core component of
the process. The LARF is the initial step towards a structured planning and implementation process
which is illustrated in Figure 3.
Figure 3: Project Planning and Resettlement Process Flow
FDP Approval MEMD

ESIA Approval - NEMA Start of Project Construction
Corporate Project Approvals

Front-End Engineering Designs
Project Construction Planning & Scheduling
The actual resettlement process will typically consist of four phases:
Screening phase (for priority project infrastructure components): As some facilities such as
camps, CPFs and key well-pads will enable the development of the project, a screening will
be undertaken to minimize at fullest extent potential land-related impacts. The screening
will assess ways to avoid or minimize impacts in consultation with affected population;
RAP Development or Planning phase: where data will be collected, communities engaged,
livelihood restoration plans prepared and replacement land/sited identified and secured.
The deliverable of this phase will be a Resettlement Action Plan (RAP) that will be submitted
for approval to the Government of Uganda and may be submitted to international funders;
Implementation phase: once the RAP is approved, a compensation and resettlement
agreement will be signed with affected households, construction of replacement villages,
completion of physical relocation, and implementation of livelihood restoration plans will
commence; and
Monitoring and Evaluation phase: although not a distinct phase, the ongoing monitoring
and final auditing activities are important quality assurance mechanisms to guide and direct
the planning and implementation phases in relation to agreed outcomes.
Resettlement planning is an integral aspect of the overall Project planning process and must be
incorporated into and aligned with the overall project schedule, taking into consideration the nature
and extent of displacement and the duration of resettling affected households and enterprises to
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their new resettlement sites. Construction will only commence once compensation has been paid
and all physical resettlement has been completed.
6.1. Project Linkages
Resettlement planning activities have linkages to a number of other regulatory and approval
processes.
Field Development Plans (FDP) require formal approval from MEMD upon which a
production licence is granted which will allow the Operator to commence its field
development activities. A development project may consist of several fields, therefore
requiring several FDPs. Once a production licence has been issued, the Project will be
required to carry out an environmental and social impact assessment.
Environmental and Social Impact Assessments (ESIAs) need to be approved by the NEMA
for the different project components before the construction programme may commence.
Similarly, the JV Partners corporate approval processes (financial investment decisions) are
tied to certain regulatory approvals after which detailed engineering design, project
planning and the scheduling of activities are initiated.
While some preliminary planning activities are likely to start prior to the granting of all necessary
regulatory approvals, detail disclosure of the resettlement planning process to affected communities
will be dependent on these approvals, unless the regulators determine otherwise. To avoid
speculative behaviour, the timing of disclosure should be linked to the Projects readiness to
progress the planning phase to its final end.
Environmental and social management plans (ESMPs), envisaged under the requirement to carry out
an ESIA, will include mitigation measures to deal with impacts on the environment and biodiversity
as well as potential economic impacts on tourism as well as the management of impacts on tangible
and intangible cultural heritage sites among others. An operating model of how the different
streams interact is illustrated below:
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Figure 4: Example of Integrated Social Planning Process
It is evident from Figure 4 that social impact assessment activities and the resettlement planning
(RAP) work have close linkages with mutual application of the social data collected during these
activities. A RAP is one of the social management plans to mitigate displacement as a significant
social impact.
6.2. Resettlement Planning: Key Steps, Roles and Responsibilities
Project planning and implementation steps for all resettlement activities are summarised in Table 5.
Table 5: Resettlement Planning Steps
Resettlement Step Main Description (not exhaustive) Responsibility

Review of the LARF with government JV Partners to coordinate and
stakeholders, including MEMD and facilitate.
MLHUD through Resettlement Advisory
LARF Development and Committee (RAC)
Consultation Formal engagement with District Local
Government and communities to seek RAC (chaired by MEMD) to assist
support on policy principles and with disclosure at district level
procedures
Assessment of anticipated
displacement on affected land, people
and structures
Resettlement JV Partners
Compilation and analysis of regulatory
Screening/Scoping rates and market values of assets
Identify availability of replacement land
Information to present to project and
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social teams to identify alternatives and
avoid or minimise displacement
Resettlement Consultation Plan
Understanding of legal due diligence
and other requirements for
compensation
Preliminary budget and planning
Inform affected communities, especially
those affected by physical or economic
displacement, about the displacement
impacts and introduce resettlement
activities JV Partners, MEMD and with
Disclose information throughout assistance from MLHUD and
resettlement planning, implementation, District Local Government
monitoring and evaluation phases
Consultation should promote
Resettlement Disclosure
participation of affected people in
resettlement decision making
After completion of the detailed
surveys and during RAP preparation,
strip maps will be publicly disclosed to
the affected communities. The strip
maps are to be approved before the
RAP implementation activities
commence
The following activities will be undertaken:
Provide information to affected people
on resettlement
Announce the cut-off date and explain
its significance
Assist communities to select
Establishment of representatives to participate in the
Resettlement Planning resettlement planning process JV Partners and MEMD, with
Committees Establish the resettlement planning assistance from MLHUD and
committees (government and village District Local Government
level) that will supervise and participate
in resettlement planning,
implementation, monitoring and
evaluation processes
Establish a grievance mechanism
Socio-economic baseline data (to
include land tenure and livelihood
studies)
Stakeholder identification and mapping
Sensitisation and notification of
landowners and users about the Project
Socio-Economic Census,
and Development Phase (to include
Asset Survey other
information dissemination and
specific studies consultation on assessment and census)
Asset and census surveys JV Partners and MEMD
Development of a Resettlement
Database
Identification of the magnitude of
impacts
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Identification of affected people and of
people who are particularly vulnerable
to resettlement impacts
Additional baseline studies as required
Consult with affected communities and

coordinate with District Land Board to
identify, evaluate, and select preferred
replacement land site(s). Activities will
include:
Consult with affected communities on
their resettlement site preferences and
requirements
Develop a brief on replacement site
requirements to social team
Identify potential in-fill resettlement
options within existing villages
Conduct detailed site investigations (i.e. JV Partners and MEMD with
geotechnical, water supply, agricultural) assistance from RAC and from
to confirm the suitability of the site(s) District Local Government
Consult and engage with host
communities
Survey host communities with the
Replacement Land census and asset surveys instruments
Identification and Develop housing design in consultation
Selection with affected communities and a plan
that defines village layout
Develop architectural and engineering
designs for replacement village(s) and
develop replacement budget and
schedule to be integrated in the major
plan
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Based on the census, socio-economic JV Partners and MEMD with
surveys and asset inventories, the following assistance from MLHUD (CGV,
activities will be undertaken: Department of Surveys &
Development of eligibility criteria for Mapping).
compensation and other forms of
assistance
Valuation of land, crops, structures and
other assets to be affected by land
acquisition, including any communal
property, social and physical
infrastructure, and cultural heritage
sites
Resettlement Planning
Development of compensation
and Preparation approaches: cash, in-kind, resettlement
assistance
Development of a RAP specific
entitlement matrix
Preparation of household
compensation and resettlement
agreements
Preparation of agreements to cover
design standards, handover
arrangements, equipment and staffing,
and maintenance of communal and
public facilities and infrastructure
Develop livelihood restoration plans

covering agriculture, fisheries and non-land
based livelihoods to ensure the
Livelihood Restoration improvement of productive strategies of JV Partners and GoU (MEMD and
Plan physically and economically displaced other key agencies/Ministries).
communities
Identify vulnerable groups and develop JV Partners and MEMD
measures to support them during
Vulnerable People resettlement planning, agreement
Program negotiation, compensation disbursement,
physical relocation, and livelihood
restoration where needed
Prepare a resettlement action plan in JV Partners and MEMD with
RAP preparation accordance with Uganda Legislation and IFC assistance from the RAC
PS5.
Resettlement Action Plans, including maps MEMD,MLHUD and NEMA
and valuation reports will be submitted to
GoU for review and approval after
RAP Approvals completion of the Resettlement Planning
activities. Approvals from GoU stakeholders
will pave way for Resettlement
Implementation Activities to commence
Obtain PAPs perspectives, and suggestions JV Partners and MEMD
to reach broad consensus on the
Secure Resettlement Resettlement Process through a process of
Agreement negotiation. This will include:
Displacement eligibility and
entitlements, including compensation
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and livelihood restoration packages
Livelihood restoration strategies
Property values and methods of
valuation
Signature of agreements JV Partners and (MEMD)
Delivery of compensation payments
Implementation of physical relocation
measures
Provision of resettlement re-
establishment assistance
RAP Implementation Sustained information sharing with
affected people and provision of
opportunities for participation and
consultation throughout RAP
implementation
Implementation of livelihood
restoration measures
Conduct on-going input progress JV Partners and MEMD
monitoring
Internal Monitoring Conduct monthly output monitoring
Report and respond to need for any
course corrections
Organize external evaluation, with JV Partners and MEMD
particular emphasis on standard of
living and livelihood restoration (bi-
External Monitoring and annually)
Evaluation Organize completion audit at
reasonable time for RAP measures,
particularly livelihood measures, to be
completed
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6.3. Institutional Responsibilities
The main actors to be involved in carrying out resettlement and/or compensation are discussed
below.
Table 6: Institutional Roles and Responsibilities
Institution Roles
Petroleum Exploration, Ministry of Energy and Mineral Development (MEMD) oversees and
Development and Production approves all the Project activities. MEMD has a regulatory role in the oil
Department in the Ministry of and gas industry and is, therefore, responsible for ensuring that the
Energy and Mineral Project is compliant with Uganda legislation in all of their activities. In
addition, MEMD is responsible for the approval of both project technical
Development
and financial planning. Since some of the activities carried out by the
Project are cost-recoverable, MEMD approval of planned and executed
work is required.
Ministry of Lands, Housing and The CGV in the Valuation Division of the MHLUD is responsible for
Urban Development approving all valuations. The CGVs office is also involved in resolving
public complaints and disputes that arise from valuation for land
acquisition and compensation payments. It is further anticipated that
the Land Administration, Land Registration, and the Surveys and
Mapping Departments, as well as the Ministry Zonal Offices at regional
level will be involved in resettlement activities.
Ministry of Local Government Ministry of Local Government oversees the decentralisation and
devolution of functions, powers and services; and to ensure good
governance and democratic participation in, and control of decision
making by the people. The lower local governments function under this
Ministry, including the District Local Government and the lower systems
under that. Elected Councils and their executive committees have,
among other, a function to receive and solve disputes from lower local
governments.
National Environmental National Environment Management Authority (NEMA) is charged with

Management Authority the management of environmental issues and provides for sustainable
(NEMA) management of the environment. The Authority in consultation with the
lead agencies is empowered to issue guidelines and prescribe measures
and standards for the management and conservation of natural
resources and the environment. The Authority has issued EIA
regulations for the energy sector, including sections on land acquisition
and associated public consultation requirements. NEMA, therefore has
an interest in the resettlement and compensation plans in the
petroleum industry.
Uganda Land Commission The Uganda Land Commission (ULC) holds and manages land in Uganda
(ULC) vested in or acquired by the Government of Uganda. Leases on public
land are granted by the ULC. When the Project has acquired the land for
the development of project infrastructure, the land will be transferred
to the ULC.
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Office of the Prime Minister Ministry of State for Disaster Preparedness, under the Office of the
Prime Minister is responsible for re-settlement of refugees and persons
displaced by disasters. Although the Project will not affect any refugee
camps identified to this day, it may encounter on the land persons that
have migrated into the area to take refuge and in such cases the Project
may seek guidance from the Office of the Prime Minister.
District Local Government All districts have four levels of local councils (LCs). Local Councils are
responsible for local policy matters, economic development, resolving
local conflicts and providing orderly leadership. In the project-affected
area, LC Is, LC IIs and LC IIIs interact directly with the affected
population. These councils will thus be able to assist during the
identification of rightful property owners, and resolving compensation
grievances.
District Local Government includes the District Land Office, District Land
Board and Area Land Committees (see following sections).
District Land Office The District Land Office (DLO) should include a District Physical Planner,
a District Land Officer, a District Valuer, a District Surveyor, a District
Registrar of Titles and a District Cartographer, which provides technical
services to the DLB through its own staff or arranges for external
consultants to facilitate the Board in the performance of its functions.
District Land Board District Land Boards (DLBs) set compensation rates for crop and
temporary structures and facilitate land registrations. It is, therefore,
important that RAP implementation involves participation of DLBs. In
this regard, the DLBs will oversee the appropriation of public land;
facilitating registration, and transfer of interests in land.
Area Land Committee Area Land Committees (ALCs) determine, verify and mark the
boundaries of all interests in land that is subject to an application for
certificate of customary ownership or in grant of freehold title. The ALC
assists the DLB in an advisory capacity on matters relating to land
including ascertaining rights in land boundaries and disputes.
Private Sector entities RAP implementation will entail involvement of private sector
consultants for various planning and implementation activities, including
the assessment and verification of assets, and payment of
compensation to PAPs.
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7. ANTICIPATED IMPACTS
Project impacts refer to both physical and economic displacement. Displacement may be caused by
the development of permanent infrastructure, as well as temporary construction activities.
Physical displacement will be avoided as much as possible. Efforts to minimise displacement will be
documented during infrastructure design and site selection procedures for inclusion in the
applicable RAPs. The anticipated impacts as a result of the infrastructure development and
operation are summarised below. Impacts relate to restricted areas (fenced in) and buffer areas.
The latter refers to areas outside the restricted zones, but where certain land-use limitations are
placed as a safety measure. Impacted areas are not controlled by the Operators and land-use
restrictions will be enforced by the relevant agencies including local government.
Buffer Area
Figure 5: CPF Area Impacts
In EA1-EA2North project, an area of approximately 260 ha will contain the CPF and
associated facilities, as well as permanent accommodation and contractor camps. In KFDA,
an area of approximately 40 ha will contain the CPF. Each CPF area will be fenced in with
controlled security access. The physical and economic displacement within the enclosed
area will be permanent, and land acquired within the area will be transferred to
Government. Certain restrictions regarding the construction of buildings within a safety and
security buffer along the outside perimeter of the facilities. The size of the buffer area will
be determined through the ESIA, detailed engineering and RAP studies.
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Buffer area
Figure 6: Well Pad Impacts
In KFDA, 4 well pads (each with multiple wells) will be developed and operated over the life
of the Project. In the EA1-EA2North project, more than 40 well pads will be developed and
approximately 30 of these will be located within communities. Each well pad will occupy
between an estimated 2 and 3 Ha of land, depending on well pad design, and will be fenced
in. Land within the perimeter will be permanently acquired by the Project and ownership
will be transferred to Government. A safety and security buffer area along the perimeter will
be maintained to avoid the construction of buildings in the immediate vicinity of the
infrastructure and to prevent the risk of fire propagation in case of vegetation burning.
Buffer area
Figure 7: Water Abstraction Impacts
A water abstraction system on the shore of Lake Albert will require a surface area of
approximately 1 ha of land which will contain pumping and associated facilities as well as a
pipeline towards the CPF. The area will be permanently impacted by the facility and land
will be acquired and transferred to Government. The facility will be fenced in and a small
additional safety buffer is envisaged.
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In the two main projects, approximately

400km of flow lines will be laid together
fibre optic cables within a Right of Way
(ROW) of 30m wide. A number of
pipelines will be laid between well pads,
including the production network with
flowlines, a water injection network and
a polymer injection network. In
addition, a water abstraction line will
transport water from Lake Albert to the
CPF. All pipelines will be buried, and
where more than three pipelines are
required, the network may be installed
in two parallel trenches. Due to safety
requirements as well as access for
routine inspection, maintenance and
repairs, the land within this corridor will
have restricted use: no buildings or
cultivation will be allowed within this
corridor, but the land may be used for Figure 8: Linear Impacts
grazing. Access to the corridor will be
secured either through acquisition or
registered easements over the affected
land.
Access roads to project areas (e.g., well pads) will as far as possible follow linear
infrastructure corridors, and will be contained within these corridors. Where this is not
possible, and where permanent access is necessary, land will be permanently acquired in
addition to the ROW. Ownership of access roads will be transferred to Government or its
delegated agencies.
During construction, several areas will be accessed for temporary use (e.g., construction
area for the Nile River Crossing and temporary access roads), and for storage of materials
and equipment. All temporary accessed areas will be fully restored after use. Construction
areas along the ROW will be progressively accessed as the construction moves along.
Temporary land access will be acquired through tenancy agreements with the affected
landowners.
Incremental land access may be

required in areas where site specific
conditions require larger land access
than originally envisaged.
Incremental land access will be
temporary and managed and
implemented according to an
internal approved specific Land
Access and Disturbance Permit
Procedure. This form of access will
be acquired through the extension
of the existing land agreement or a
new tenancy agreement
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Figure 9: Unanticipated Land-take
The Project will draft a Land Access and Disturbance Permit Procedure in the eventuality of any
additional, incremental and injurious land access required during the construction and development
phase (and which are not addressed in the RAPs). The principal objective of the Procedure is to
prevent land access or clearance by the Project without consent and/or approval from the affected
communities and other stakeholders. Without these prior approvals there will be an increased risk
of dissatisfaction and grievances from the communities.
In some instances, the location of project infrastructure may cause unintended (consequential)
displacement. Such instances will be assessed on a case basis. Examples of such displacement are
illustrated in Figure 10. Orphan land will be acquired by the Project either by means of permanent
acquisition or through the extension of the easement area. In some instances, residential or other
structures may be separate as a result of the project infrastructure, which will be relocated to avoid
isolation, and the acquisition of the vacated land will be determined for each situation.
Figure 10: Special Land-take Situations
Impacts will be incurred across multiple districts and sub-counties. Detailed assessments of impacts
will be done during the resettlement planning process which will provide the basis for defining
compensation eligibility, the extent of the impacts, and the kind of entitlements to be compensated.
Potential resettlement impacts in the area that will be further assessed will include, but not be
limited to:
Permanent loss of residential structures and ancillary structures;

Permanent loss of business structures;
Loss of agricultural land;
Loss of perennial/annual crops;
Loss of grazing areas and access to other common resources such as forest or wetlands;
Loss of graves and sacred sites;
Loss of social infrastructure, including schools, clinics and markets;
Temporary loss of access to lake resources due to restrictions during construction;
Permanent loss of access to lake resources due to exclusion buffer zones around the Water
Abstraction Facility.
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Host communities will also experience impact from receiving new communities, and this will depend
on the nature of the resettled sites. However potential impacts in host communities may include:
Increased demand on existing structures and facilities;

Increased demand in infrastructures and common resources (e.g. grazing land, land sites);
Increased security issues.
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8. RESETTLEMENT AND COMPENSATION STRATEGY
8.1. Land Access Approach
In light of the aforementioned land acquisition challenges and the anticipated physical and economic
displacement as a result of Project infrastructure development, a range of land acquisition strategies
will be employed in order to secure long-term access to land for the following uses.
Right of access for passage for activities such seismic activities, topography surveys, geo-
technical investigations, and temporary construction buffers. Access will result in limited
disturbance and involves obtaining rights to access land for a limited period (the duration of
activities).
Temporary Occupation for temporary lay-down areas and any other additional land
required for storage of equipment. This will occur mostly during the development phase.
Land will be accessed and occupied for the duration of the required period, after which the
land will be returned to the landowner.
Permanent Occupation for medium-term land requirements for instance for construction
camps and various on-site manufacturing of materials, as well as access roads. Long-term
occupation will be required for production facilities, well pads, roads and operational
accommodation.
Right of Way for permanent linear infrastructure (buried pipelines and fibre optic cables)
with restrictions on surface use to avoid construction of buildings and crop cultivation.
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These strategies apply to the following Project conditions:
Permanent land acquisition will be achieved through negotiations initiated by the Operators with
landowners, and facilitate the process of transfer of ownership from the landowner to Government.
Permanent acquisition includes the acquisition of land for priority infrastructure such as the CPF
area, long-term camps and well pads, as well replacement land for physically and economically
displaced individuals and households.
Figure 11: Permanent Land Acquisition
For temporary land use, for instance mobile camps and lay-out areas during construction, and when
the affected area is relatively small and/or involves no physical displacement, the Operators will
enter into tenancy agreements of a maximum of 3 years directly with the project affected persons
(PAPs). [Assessment is required to consider the pros and cons of tenancy vs permanent acquisition,
including cost implications, siting flexibility and timeframe available for acquisition]. All temporary
acquired land will be reinstated to previous conditions before handing it back to the owners.
Figure 12: Temporary Land Acquisition
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For Right of Way and restricted land-use in pipeline corridors and safety buffer zones near
production facilities, Operators shall negotiate with the landowners to secure registration of an
easement across the affected portion of the land. In respect of untitled land, the Operators will
facilitate the titling of the land to meet the precondition for the registration of easements.
Figure 13: Easement
A significant part of the petroleum activities will occur or cut across government land such as
protected wildlife and nature conservation areas, national roads, etc. These areas are generally free
from human habitation and land acquisition will be negotiated between the Operators, the
Government as the registered owners of the land and potential lessees of the land. Where
governmental land required for the petroleum project is subject to private lease, the project will
have to enter into a contractual agreement with lessees to suspend their lease in return for
compensation. Private lessees will receive compensation for the interests and rights provided for
under the lease and will be compensated for any other property loss or damage, and for the loss of
income resulting from the suspension of their leases or as advised by the respective government
agencies. Access to Government land by Operators will be obtained through agreements with the
Uganda Land Commission, at no additional cost.
Figure 14: Registered Public Land Access
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With regard to the requirement to provide PAPs with security of tenure, it should be noted that at a
minimum:
Any existing form of tenure, including tenancy rights established through occupancy (bona
fide occupants) will be restored at the resettlement site.
Where these existing rights were not registered, the PAPs will be assisted, where applicable,
with the formal registration of their rights in the resettlement area.
The provision of security of tenure has the explicit purpose to provide PAPs with an assurance that
they will not be subject to forced evictions based on their status as displaced persons.
Where the transaction of land (e.g., registration of easements) requires the prior documentation
and registration of ownership, the Project will assist the PAPs with the registration process in order
to enable the transaction to be completed. The cost of these processes will be deemed transaction
costs, and are therefore absorbed by the Project to meet the full replacement cost requirement.
8.2. Land Agreements
The provision in the PSAs for the acquisition and transfer of land by the JV Partners to Government
requires an appropriate mechanism in order to address the limitations placed on foreign companies
to have freehold interest in land. It is therefore envisaged that several agreements will be entered
into between different parties to the agreements in order to facilitate access to land for the Project.
These are summarised as follows:
Land Acquisition Agreement: A tripartite Land Acquisition Agreement will be entered into between
the landowner, the JV Partners and Government in order to permanently transfer the rights of
ownership from a private landowner to Government and compensating the landowner for the loss
of land. Petroleum activities will only commence on the land after full compensation has been made
and the land has been vacated by the landowner.
Land Lease Agreement: A long-term lease will be entered into between the Government and the JV
Partners to grant the latter unhindered access to the required land to perform its petroleum
activities. Such lease agreements will provide access to the land once the former landowner has
been fully compensated and resettled from the land.
Tenancy Agreement: Where land is acquired for a period less than five years, for instance for
temporary construction camps and lay-out areas, a tenancy agreement will be entered into between
the landowner (landlord) and the JV Partners (tenant) to provide the JV Partners access to the land
for its petroleum activities. The land will be accessed after the first instalment (rent) has been paid
and all other resettlement requirements (if any) have been met.
Easement Agreement: Where certain restrictions are placed on the land, for instance within the
infrastructure corridor (e.g. pipeline, information and communication cables) or within safety buffer
zones around sensitive infrastructure, easement agreements will be signed with landowners to
compensate for the restricted land-use. Easements will be registered on the land title deed, and
where land is not formally registered, such registration will be included in the establishment of
easement agreements.
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8.3. Compensation Framework
Each RAP will define the compensation framework for the proposed components. The Project will
ensure that the compensation framework will be developed in close consultation with Communities
and Local Authorities and will define the following:
Valuation approach for asset and land improvement losses that will be considered for
compensation as well as the basis of valuation and rates;
Eligibility criteria defining the categories of PAPs that will be eligible for compensation and
assistance;
Entitlements defining what each category of eligible owner, user or business will receive in
compensation.
The Project will develop packages that include both monetary and in-kind compensation as well as
other forms of assistance to restore and improve livelihoods and living standards.
8.3.1. Valuation Methodology in Uganda
The Uganda legislation provides specific guidelines in terms of valuation. Compensation following
the acquisition of land in Uganda is based on the principle of equivalence, which is broadly assumed
to be the financial equivalent of the asset taken. Under this principle, PAPs should not be worse off
or better off in financial terms from their status prior to acquisition. The asset is valued on the basis
of market value without any increase or decrease attributed to the reasons that led to the
acquisition. Any special value to the owner which is not reflected in market value is excluded.
In addition to the compensation derived from market value, the PAP is entitled to other payments
which are generally referred to as disturbance allowance of 15 or 30 percent. Compensation will
reflect the cost incurred and losses sustained as a direct, natural and reasonable consequence of
having to relocate.
Compensation may also arise where land or improvements are affected but not necessarily acquired
in the interest of the execution of works. This type of compensation is payable when the loss occurs
i.e. when some right in property other than its acquisition are temporarily affected due to
interference with the activities being conducted on it.
There are five conventional valuation methods which are used in Uganda to determine market
value: Comparison method, Contractors method, Investment method, Profit method and Residual
method. These are described in Annex 3.
There is no active land market in the Project area and land transactions are largely informal and
remain unregistered. Nonetheless, perceptions about land value have been significantly altered as a
result of the land transactions during the exploration activities. As a result, it is anticipated that land
valuations will be done predominantly based on the comparative method.
8.3.2. Valuation Procedure in Uganda
In Uganda valuation for compensation of land and improvements that are affected by Government
projects was originally undertaken by the office of the CGV. This practice has changed in recent
times and private valuers are now used to compile valuation assessment reports on behalf of
Government. However, the CGV has retained its oversight role in ensuring that standards are
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maintained and government interests are duly protected. The valuation is carried out in
consideration of established practices, policies, regulations and Ugandan laws.
The valuation process starts with the identification of the affected property owner and the assets to
be affected. The affected owner is informed and sensitized about the project and permission is
sought to allow access to the land for inspection. Once the affected property and improvements are
identified, all relevant details are recorded such as crops (type and growth stage), economic trees
and buildings (size, materials), and, where relevant, the features and characteristics of the land. The
asset recording is witnessed, at a minimum, by the property owner, local leaders and Project
representatives.
Figure 15: Generic Valuation and Compensation Process
The valuation assessment is reached through a direct application of the applicable rates and is
submitted in draft to the CGV for review and comments. Following on from this, the final report is
submitted to the client through the office of the CGV for technical approval. The approved report
becomes an official document for implementation of compensation payment29.
Two categories of rates used in the valuation of assets for compensation are:
1) Statutory rates as provided for in the Constitution and the Land Act. These include rates for
crops, economic trees, temporary structures and graves, and are determined by District
Land Boards (DLBs) with input from the relevant professionals.
2) Market related rates derived from market analyses conducted by the office of the CGV or a
delegated appointee who is a registered Valuer. These rates are specifically applied to land
interests and permanent buildings. Factors considered during the assessment of these assets
include market conditions, tenure systems, covenants, securities, and physical conditions of
the asset.
The legal provisions in the Constitution and other statutes do not provide detailed information on
valuation methods and procedures. The office of the CGV adheres to the International Valuation
Standards (2013) and best practices and appreciates the Royal Institute of Chartered Surveyors
Guidelines. The office of the CGV is also considering developing national guiding principles and
procedures. Statutory rates determined by District Land Boards (DLBs) are infrequently updated and
the process of review is not firmly adhered to. Certain rates, including those for economic fruit trees,
graves and shrines, do not reflect the full cost of replacement, and appear to be inadequate for
29
In the case of this Project, funds for compensation are ultimately reimbursed by Government in compliance with the PSA.
It is therefore envisaged that the CGV will have the prerogative to determine final valuations, endorsed by PEDPD.
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compensation of losses. There is also no functional land market in the Project area. It is, therefore,
anticipated that valuations for this Project will have to involve a combination of methodologies
described above in order to reach a fair and acceptable value for project affected persons land and
assets. Without an improved procedure30 for the determination of rates, DLB rates will not be an
acceptable basis for compensation.
In addition, non-cash compensation options must be offered in all land acquisition and
compensation plans. The provision for non-cash compensation options must be aimed at livelihood
restoration and the improvement of standards of living.
8.3.3. Compensation and Valuation Policy
The Project is committed to providing fair and adequate compensation for losses as a result of
displacement. A resettlement package based on the entitlement matrix will be offered after
consultation with eligible households. The final package will be tailored to specific characteristics of
the project affected people as well as their current and future resettlement situation. This will also
include a disturbance 31 component to meet the demand for adequate compensation. The
disturbance component must consider the Projects impacts on livelihoods i.e. the loss of future
opportunities to earn income32 and standards of living; and the interruption of the progressive
improvement over time of living conditions. In this context fair and adequate compensation33 must
take cognisance not only of the value of the asset that is lost, but also the disruption resettlement is
likely to cause. Some categories of assistance for disturbances induced by the Projects
development activities will be common to all entitlements defined for each PAP, while others will be
linked directly to specific Project impacts.
In addition, interests in assets may be vested in more than one person or entity. The valuation
procedure must, therefore, be able to recognise each interest and allocate the appropriate value to
these interests so that fair and adequate compensation can be demonstrated in terms of individual
interest, and not merely the combined interests in an asset. The test of fairness and adequacy must,
therefore, be met for each individual interest.
Against this background, the valuation policy for this Project includes the following principles:
a) Valuation of assets will be at full replacement cost without consideration of the condition of
the asset. Depreciation will not be taken into consideration;
b) Valuation of assets must separate the different interests in the asset under review. Each
interest must be valued in terms of fairness and adequacy;
c) Land must be valued separately from any improvements to facilitate the valuation of
separate interests and allow for the establishment of consistent land rates across the
project;
d) Where replacement land is offered, the offer must include all transactional costs associated
with the acquisition of replacement land, including titling and transfer fees, required taxes
and utility permits;
30
The objective of meaningful participation in resettlement planning is to safeguard the Project from designing and
implementing plans that are inappropriate for the replacement and improvement of livelihoods and standards of living of
affected people. It is, therefore, imperative for good stakeholder relations and in the interest of fair and just compensation
that a fair and transparent basis for asset valuations is established.
31
Disturbance allowances are also referred to as inconvenience payments.
32
This includes food security as a substitution for cash earnings to buy food supplies.
33
Fair value must be derived from the objective assessment of the asset. Adequate compensation must incorporate the
subjective value of the loss of the asset.
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e) Where replacement housing is offered, the value of the structures is determined by the
replacement cost of adequate replacement housing including the cost of materials and
labour, and any other statutory requirements. Replacement housing criteria must include
aspects such as floor area, number of rooms, functionality of social spaces and socio-cultural
values associated with the house as social space;
f) Annual crops are not valued if sufficient notice is given to harvest the crops. In the event
that crops cannot be harvested, or incidental damage is caused, standard rates for annual
crops will apply for the assessment of damaged crops.
g) The value of perennial crops must include the net present value (NPV) of forgone income for
the duration of the period of re-establishment of the crop to the maturity stage at the time
of displacement.
h) The value of salvaged materials at the time of resettlement will not be deducted from
compensation.
Whereas valuation methods may be technically complex, the underlying principles must be disclosed
in simple and understandable terms to PAPs during consultation so that they can participate
meaningfully in the determination of a valuation approach that achieves fair and adequate
compensation for all affected assets.
8.4. Implementation Assistance
Resettlement is a complex process often characterised by competing interests and conflict. Low
literacy levels, and increased availability of cash from recent compensation and other Project-related
sources of cash (e.g. annual rental for temporary access during exploration, land leases for camps)
highlights the need for independent guidance for affected people to manage these social and
economic changes. Following the practice in Uganda on similar projects, the Project will provide
assistance to affected communities to participate in the resettlement planning and implementation
processes and to ensure their informed consent. Measures to protect the rights and interests of
affected households and communities include the following:
Use of local languages when contract documents are explained (for avoidance of doubt all
legal documents will be in English);
Hiring a third party that will act as an independent advisor34 to PAPs with respect to their
rights, responsibilities and options concerning resettlement in the context of both national
legislation and Project timeframes and procedures.
Compensation will be paid directly to the affected household or individual based on the asset and
census surveys. All agreements will be signed by the eligible PAPs and their spouses, a Partner
representative, and representatives from relevant authorities to be identified during the planning
phase.
The Project recognises the lack of financial infrastructure and limited financial literacy in the project
area. The Project will take appropriate measures to the extent feasible to invite financial institutions
to provide services in the project area. The Project will also provide appropriate advice to PAPs with
regard to money management. Examples of such advice may include the following:
Financial forward planning;

Investment options;
34
The nature of the independent advisor will be discussed and agree with GoU when resettlement planning activities will
commence.
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Improvement and/or start up of business ventures; and

Training and employment opportunities.
Detailed assistance packages will be developed during the RAPs based on baseline conditions and
the needs of PAPs.
8.5. Entitlement Framework and Eligibility
For each RAP35 an Entitlement Matrix will be prepared providing details of all categories of affected
people, type of losses associated with each category and types of compensation and assistance to
which category will be entitled. Annex 5 presents a summary of resettlement entitlements to
mitigate displacement impacts.
Eligibility will be determined by the cut-off date which will be disclosed and documented prior to the
census and asset surveys. In the absence of Government procedures for setting a cut-off date, it is
common for a project to use the completion of the census and survey as the cut-off date.
International standards do not specify when notification should be given to the community.
However, it must be demonstrated that the notification about the cut-off date is well documented,
and disseminated throughout project area, if the Project seeks to use the cut-off date as a basis to
deny compensation or resettlement assistance for persons who settled or establish their assets and
economic activities after such cut-off date. In this respect, the Project should inform the affected
communities regarding the cut-off date, and the purpose of conducting a census and asset survey,
particularly if the data is to be used to set a cut-off date and determine compensation entitlements
in order to ensure there is adequate discussion with the community on its operation and to ensure
that it supports the cut-off date. It must accommodate individuals or groups who were not present
at the time of census and survey but who have a legitimate claim to membership in the affected
community. Such groups might include absent family members engaged in migrant wage labour or
nomadic pastoralists who use local resources on a seasonal basis. If there is a significant time lag
(more than twelve (12) months) between the completion of the census and implementation of the
RAP, the Project should make provision for population movements as well as natural population
increase and expansion of households, which may include an update of the socio-economic census.
If the physical relocation is not expected to take place until several years after project approval, or if
it will occur in distinct phases, it may be more appropriate to delay the final census and asset survey
until a time closer to the actual resettlement. Regardless of when it takes place, the census and
asset surveys must be rigorous and verifiable, and the affected population must be officially notified
that it will be used to determine their right to compensation and livelihood restoration.
Special situations, such as share-cropping arrangements and third-party investment interests will be
considered based on evidence from the census and asset surveys. Final compensation packages will
be based on data collected during the detailed census and asset surveys.
35
It is anticipated that several RAPs will be prepared for the Project. The scope of a RAP will be determined by the timing
of resettlement, the location of project activity, and the logical inclusion of various project activities that would cause
displacement. Resettlement activities in the Kingfisher Development Area would be distinctly separated from the
proposed development in the Buliisa area (EA1, EA-1A and EA2 (North). Similarly, the development of the CPF would
precede the construction of the pipeline to the Refinery and would therefore result in separate RAPs. The phased
development of well pads will likewise result in more than one RAP, although the simultaneous development of several
well pads will be combined into a single RAP.
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8.6. Resettlement and Livelihood Restoration
8.6.1. Replacement Land Strategy
The availability of replacement land for resettlement and crop production has not been firmly
established, and has not been sufficiently tested on previous resettlement projects in Uganda.
Resettlement preferences in clan-held areas will be determined with approval from clan leaders to
assure clans of their control over their communal resources.
Replacement farmland where livelihoods are land-based is a critical aspect of livelihood

improvement. To the extent feasible, land will be replaced with land although not necessarily of the
same size. However, criteria such as land quality, its productive capacity, location and other
appropriate aspects will be included in the assessment of the suitability of replacement farmland.
Alternative approaches to maximise access to farm land include the following:
Optimisation of existing unaffected farmland to which PAPs already have access; and
Identifying vacant or under-utilised land held under communal tenure.
Self-identification of available land for resettlement will be encouraged, especially in areas managed
by clans. In addition, the Project will commission relevant studies to identify appropriate
resettlement areas based on a set of criteria including, but not limited to the following:
Distance from the formal original site;

Possibility of in-fill resettlement this is the preferred option;
Availability of equivalent area of crop land free of settlements, similar or larger in size;
Access to main social infrastructure and road systems;
Proximity to wetlands will be preferable for land for agricultural purposes;
Acceptance by receiving communities.
The Project will be responsible for the completion of all land transactions. Cash compensation for
affected land is discouraged.
8.6.2. Replacement Housing and Community Structures
The Project will as far as possible avoid physical displacement. In the event that this is not possible,
replacement housing will be offered with due consideration of pre-existing housing arrangements
recorded in the asset and census surveys. Replacement housing for primary residences will be
offered under two options:
Project-built replacement housing based on agreed materials and design and constructed by
Project-appointed contractors; or
Self-built replacement housing based on a pre-approved house plan and construction
programme. Building materials will be provided in several instalments, either as cash or in-
kind based on estimated material requirements linked to any phased construction
requirements. The feasibility of this option will be assessed on an individual basis to
ascertain that risks associated with this option are identified and appropriately managed and
mitigated.
Auxiliary household structures (e.g., granaries, barns, animal enclosures) will be compensated in
cash and materials may be salvaged in order to reconstruct these structures at the resettlement site.
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Replacement housing will, as far as possible, be constructed within existing communities at available
residential sites. Sites will be identified by the Project with participation from physically displaced
households. Where a group of households are displaced by Project activities, a suitable
resettlement site will be identified based on approved site selection criteria, including aspects such
as ground suitability and safety, access to public facilities and distance from existing community and
social network.
The Project will rebuild all replacement communal structures (e.g., schools, health clinics) with
preference for local contracting and employment opportunities as far as this is feasible, without
sacrificing the quality, cost, and duration of construction. The designs of communal facilities will be
concluded in collaboration with the relevant authorities and affected communities.
8.6.3. Livelihood Restoration Strategy
The Project recognises that livelihood restoration is both critical to the success of the resettlement
of affected persons and difficult to achieve without prior participatory planning. Livelihoods in the
project area are largely land-based, but diversified (for instance to include animal husbandry or
seasonal fishing activities) with a view to maximise food production and cash generating
opportunities, and to spread the risks often associated with subsistence livelihoods. It is therefore
recognised that many households engage in various livelihood strategies and that these are often
perceived as equally important.
The Project further recognises that land-based livelihood improvement opportunities have not been
widely tested in Uganda. There is therefore a significant need for appropriate baseline information36
to plan livelihood restoration activities. This data collection will be an integral part of the
resettlement planning process, and all livelihood restoration plans will be incorporated into the RAPs
and executed as part of the RAP implementation process.
Livelihood restoration planning will follow a number of broad guidelines:
It will follow an integrated approach aimed at sustainable local development, using existing
opportunities as much as possible, and promoting partnership and collaboration in view of
long-term sustainability.
It will focus on the enhancement of livelihoods through the improvement of income,
increased production and a better quality of life.
It will ensure that land-based programmes are discussed and agreed to with affected
communities only if replacement land is available and secured. When there is insufficient
replacement land, other measures such as improving of productivity of remaining land or
training/capacity building will be explored.
It will equally endeavour to re-establish existing business enterprises and provide additional
support to business owners in order to improve business operations (marketing,
administration, operational efficiency) through training and other support measures.
Livelihood restoration will be the focus of all monitoring and evaluation programmes until
after completion of the resettlement to assure that the Project has successfully restored and
improved livelihoods and standards of living.
36
Apart from the baseline indicators of current crop production, animal husbandry and fishing activities, as well as other
enterprises, the baseline study also needs to assess the availability of replacement land and the feasibility to acquire this
land without causing further economic displacement. Secondary displacement will, as much as possible, be avoided.
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While livelihood restoration will aim to sustain and improve existing livelihood strategies, the
primary focus during RAP implementation will be on ensuring continued food security. In addition,
opportunities for livelihood diversification and alternative livelihood opportunities will be assessed
during the planning process and, where appropriate, offered to PAPs as part of the resettlement
package. Livelihood planning will be based on appropriate technological solutions and technical
advice from Government, development NGOs, local consultants and research and academic
institutions. Where feasible, livelihood programmes will be aligned with relevant existing national
and district programmes.
Programmes currently implemented by the JV Partners include the following:
Agricultural awareness and training programs (i.e., improved farming techniques for priority
crops identified in the Agrarian Study);
Identification and assessment of new technologies to improve production of cash crops,
marketing and value chain activities;
Agricultural training and capacity building in new farming technique, business literacy
programmes, establishment of cooperatives.
Other programmes could include the following:
Animal Care Assistance for herders;

Mentoring programs and support for farmers/fishermen;
Fisheries development;
Small enterprise training;
Vocational skills and development; and
Scholarship scheme.
8.6.4. Assistance to Vulnerable People
Vulnerable individuals and households will be identified during the detailed census survey for the
RAP, and will be supported with tailored assistance, to enhance their access to the benefits from
resettlement opportunities. Appropriate measures will be determined in the entitlement framework
and each vulnerable person/households needs will be assessed prior to their relocation. Additional
support will be provided to these individuals during the planning phase to ensure that they are
informed of the process and are able to give their consent to the agreements.
An appropriate set of vulnerability indicators will be developed during the ESIA process.
9. RESETTLEMENT CONSULTATION
The objective of the Resettlement Consultation is to secure the meaningful participation of all PAPs
(including their leaders and spokespersons) during planning and implementation. Effective
resettlement planning requires regular engagement with a wide range of stakeholders, including
individuals and groups that can play a significant role in shaping or affecting the project, people who
are directly impacted by the Project, as well as representatives from host communities. The Project
will engage frequently and throughout the different project phases for at least the following
purposes:
1) Information disclosure at the start of the Project;

2) Consultation with affected communities and people about Project impacts; and
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3) Negotiation of resettlement options and benefits.
A Stakeholder Engagement Plan (SEP) will be developed for the resettlement process that identifies
project stakeholders; provides for engagement with local government and community leaders;
describes the procedure for the announcement of the cut-off date; general stakeholder
engagements for the dissemination of information; and to seek their project support. More
specifically, the different phases of engagement will include the following:
9.1. Project Disclosure with Affected Communities
Project disclosure occurs often during the ESIA public consultation process. It is therefore
imperative that early stakeholder engagement takes cognisance of and is aligned with similar
engagement for the LAR process. During this engagement, stakeholders will be given general
information about the Project, general project descriptions, a summary of potential social (and
other) impacts and proposed mitigation measures. Stakeholders will also be given an opportunity to
engage for the assessment of project alternatives, especially in relation to the selection of suitable
location for project infrastructure components.
Project disclosure may occur over several meetings, each having a specific purpose. The cumulative
dissemination of project information must at least enable affected communities to engage
meaningfully in discussions and consider their options.
9.2. Consultation with PAPs
Once the displacement impacts have been identified and there is a better appreciation of the scope
of impact (through an initial screening or preliminary impact studies), affected communities will be
engaged in further discussions to provide more details about the displacement impact, as well as the
measures that have been taken to avoid or at least minimise displacement. During these
consultations, PAPs will be given further opportunity to identify additional options to minimise
impacts and engage with the Project in more detail on project impacts. The procedures for the
census and asset surveys, including the dissemination of information regarding the cut-off date, will
be communicated during these engagements. This consultation will also serve to start the
identification of potential resettlement areas as the basis for the screening of site suitability and any
other factors pertinent in the site selection process. Finally, the need for resettlement planning
committees will be introduced during this consultation phase.
9.3. Participatory Planning and Consultation
During this phase, PAPs will be engaged in detailed planning and discussions to determine
compensation packages and eligibility requirements; resettlement assistance including livelihood
restoration; site selection; design of replacement houses and other details pertaining to their
resettlement and restoration of livelihoods and standards of living, as well as the timing of
resettlement activities. Regular feedback must be provided to the respective communities
represented on the resettlement planning committees. During the initiation of implementation, all
notifications for resettlement activities will be channelled through the resettlement planning
committees.
Based on international best practice, project consultation with people affected by resettlement is
mandatory. It not only provides for the dissemination of information, but also creates opportunities
for people to voice their concerns about the project, and propose alternatives. Early engagement is
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preferred in order to manage public expectations concerning the impact of the project and its
expected benefits. Furthermore, keeping affected people fully informed of their rights and
responsibilities is crucial to the success of resettlement planning. To achieve this objective,
information must be made accessible and understandable and special arrangements must be made
to reach marginalised individuals. In order to ensure that women and members of vulnerable
groups are reached, the Project must employ women and members from these vulnerable groups to
participate in the stakeholder engagement activities.
Furthermore, regular consultation with affected people facilitates the monitoring of adequacy and
effectiveness of compensation packages, livelihood restoration efforts and development initiatives.
The principle of negotiations has far reaching implications: it is fundamental to the acceptance of
final compensation packages (and thus reducing grievances), and essential to reach consensus with
PAPs about the resettlement plan, including opportunities to share in project benefits.
For the purposes of this Project, Resettlement Planning Committees will be established in the
project area representing affected households and other key stakeholders to facilitate the
resettlement planning and agree on the design and delivery of compensation packages.
Representatives from project affected households, including women and youth, will be elected onto
the RPCs in order to represent the interests of PAPs in the discussions, and to provide regular
feedback to PAPs on progress, and seek support and approval in decision-making processes.
Selection criteria will be determined with community participation, and will include aspects such as
local residence, good standing in the community, local knowledge and availability.
A Resettlement Advisory Committee with representation from national government ministries will
provide guidance and direction to the resettlement planning process. This Committee will also serve
as a mediation mechanism when consensus cannot be reached at the project level.
The final RAP will be disclosed in an appropriate format37 to provide PAPs with sufficient information
about the planning process and its outcomes to indicate their support for the project. While the
need for project support prior to implementation is not legislated, it is an important aspect of
obtaining social licence to operate.
9.4. Grievance Management
The JV Partners have adopted a formulised grievance management mechanism that seeks to address
complaints and grievances in a manner that brings a resolution in a timeframe as short as possible.
A generic grievance redress process is illustrated in Figure 16.
37
The disclosure of non-financial information, including eligibility criteria and entitlements, resettlement sites,
resettlement housing and other social services.
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CLO
Figure 16: Generic Grievance Redress Mechanism
The objective of the grievance management mechanism is to provide opportunities to affected

communities and individuals to discuss concerns and raise grievances with the aim to finding long-
term solutions that do no harm to the local population and that reduce social risks. Ultimately, the
Project endeavours to maintain positive relationships with the affected and neighbouring
communities, and all stakeholders at large.
The procedure applies to all concerns and grievances related to all activities of the project and is
intended for the use by all stakeholders concerned with the Project. The application of this
procedure does not deny communities and individuals their right to utilize other grievance
resolution mechanisms and facilities provided by the laws of Uganda.
During the implementation phase of the RAP, once the compensation that is owed to a landowner or
user has been calculated, the owner or user will be notified of the compensation offer. The offer will
include all relevant details. The process to secure agreements starts with the first visit to the PAP by
a representative of the Project land access team. The procedure for securing land access is
elaborated upon, after which the offer is presented and explained. During a period of approximately
two weeks, the PAP can be given the time to consider the offer, to ask for additional explanation and
information, or to seek legal advice (JV partners may facilitate this process by providing legal
assistance services free of charge). Community liaison officers will be the first point of contact and
will address questions on procedures and other legal solutions to legal department. A witness (for
example LC1 Chairman) will accompany the representative of the Project land access team, to be
present during the signing of the land agreement and compensation forms with the PAP.
If the PAP refuses to sign the offer during the second visit, a record of disagreement is signed by the
representative of the Project and the witness. The PAP is asked to sign for confirmation. If despite
reasonable endeavours of the Project land team, the PAP cannot be persuaded to sign the offer, and
the record of disagreement is drawn up, the procedure will be deemed unsuccessful. In that case,
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the JV partners and MEMD reserve the right to call upon the expropriation procedure to obtain
rights for the land required for the Project. The offer remains open until the expropriation (or
mandatory easement) has ended, to allow the PAP to change his/her mind and sign the Offer.
10. ORGANISATIONAL ARRANGEMENTS
Resettlement requires a team of skilled and experienced individuals who provide direction during
the planning stages of the Project, and manage and support the implementation of the negotiated
resettlement plans. This team is also required to interact with the Operators technical teams in
order to integrate all project planning activities and ensure that displacement and resettlement is
avoided where possible, or at least minimised. Some functions are more prominent during the
planning phase with a reduced role during implementation.
Overall accountability for the application of this LARF lies with the Land Acquisition and
Resettlement Manager or the designated Project Manager for the Project. The Project Manager will
provide sufficient financial, staff and other resources to plan, implement and monitor a resettlement
programme compliant with this LARF.
Responsibility for implementation of the LARF will be delegated to a designated person(s), including
external expert consultants, as required. The designated Land Acquisition and Resettlement
Manager will assume direct responsibility for the day-to-day management of land acquisition and
resettlement and will work closely with other relevant Project personnel, including senior
management, project engineers, ESIA contractors, community relations staff and lawyers, to ensure
that land acquisition and resettlement issues inform plans and activities across the Project and that
policies contained in this LARF and subsequent RAPs are fully adhered to and applied. All Project
resettlement activities will be coordinated through the Land Acquisition and Resettlement Steering
Committee (LARSC).
The resettlement team will be adequately staffed and resourced with the following broad clusters:
Land acquisition cluster: coordinated by a Legal Counsel and responsible for legal due
diligence of all lands and public assets; coordination of land and asset valuation; and the
execution of land and legal transactions including outright purchases, lease agreements,
easements and way-leave agreements.
Resettlement planning cluster: coordinated by a resettlement planning coordinator and

responsible for resettlement site selection; structural designs of all immovable replacement
structures; site planning activities; quantity surveying and building cost estimation; and
livelihood restoration planning activities. The focus of this cluster is on planning and not
execution of RAPs.
Community consultation cluster: coordinated by a consultations manager skilled in

negotiation and responsible for the establishment and functions of the Resettlement
Planning Committee, supported by liaison officers as well as administrative and logistical
staff to assist during community consultations.
Baseline and data collection cluster: coordinated by a data manager and surveys managers.
This cluster will be responsible for the establishment and maintenance of all databases,
including design and data entry and output, and the execution of all rapid and final asset
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surveys, census data collection and other surveys necessary for the planning and execution
of the resettlement projects.
Implementation cluster: coordinated by a construction manager and responsible for the

implementation of the replacement housing and infrastructure programme; livelihood
restoration plans; compensation payments; and training and capacity building programmes.
The implementation cluster will be supported by third party construction teams as well as
technical advisors and agricultural support teams for the re-establishment of agricultural
production post resettlement.
Monitoring and evaluation cluster: coordinated by a monitoring manager responsible for

regular reporting, quarterly and half-yearly reviews and annual evaluation of the various
project planning and implementation aspects.
Stakeholder engagement cluster: coordinated by the stakeholder manager and supported

by a grievance manager and a team of case officers responsible for the daily assessment of
complaints and grievance, especially during implementation of the RAPs.
Where the Project does not have sufficient skilled and experienced staff to manage land acquisition
and resettlement, the Project will hire qualified and experienced external resettlement consultants
and contractors to assist.
In addition, the Resettlement Advisory Committee has been established with representation from
the JV Partners as well as key government ministries. The committee is responsible for the
coordination of all LAR activities with an advisory role in terms of project implementation. More
specifically, the Committee will do the following:
Serve as a platform for dialogue among key government stakeholder and JV Partners to
ensure alignment on the LARF developed by the JV Partners and approved by GoU;
Facilitate guidance and advice in respect of GoU requirements; and
Act as a reference group in support of LAR at project level through regular briefings and to
monitor resettlement planning progress with affected communities.
The Committee will enable effective and timely decision-making; provide direction and support; and
aid in the resolution of emerging compensation and resettlement issues that may be encountered by
the JV Partners in the Lake Albert Development Project. It will also facilitate communication and
consultation with and within the Government administration.
Other specific responsibilities:
Establish an effective mechanism to address and limit resettlement issues such as land
speculation and population influx in the development area;
Coordinate efforts and provide technical support and recommendations on how
Government agencies can support the land access and acquisition process for the Lake
Albert Development Project;
Ensure alignment in respect of the LARF;
Providing advice and guidance on GoU requirements for LAR, resettlement packages,
resettlement housing and communication strategy (at national and local level), and support
requirements to set-up Local Resettlement Planning Committees;
Ensure the development of a holistic approach to resettlement aiming at the restoration and
improvement of community wellbeing and livelihoods;
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Support LAR implementation including but not limited to:

- Review the JV Partners proposed footprint of petroleum production surface
facilities and advise on their integration in physical planning documents;
- Consultation on the status of LAR activities linked to the JV Partners project
operations including adherence to LARF principles
- Advice in respect of the eligibility criteria, resettlement site preference and
proposed livelihood restoration and alternative livelihood options;
- Provide guidance on the consultation / negotiation process with affected and
host communities.
Identify key risks and facilitate the approval of LAR process and documents in a timely
manner for inclusion in the projects Environmental Social Impact Assessments;
Provide direction to Local Resettlement Planning Committees on LAR issues such as but not
limited to consultation/grievances with affected and host communities, implementation of
livelihood strategies etc.
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Social Affairs
Figure 17: Resettlement Planning and Implementation Team
Page 78 of 161
Land Acquisition & Resettlement Framework
10.1. Monitoring and Evaluation
The Project will establish a resettlement monitoring and evaluation system, consistent with the
requirements of IFC PS5 at two levels:
Internal monitoring: by the resettlement teams with active participation of affected

communities as far is possible and
External monitoring: by a third party specialist
The monitoring activities will assess the requirements of each RAP performance against the schedule
of activities and budget. The need for any changes or corrective action will be identified in order to
improve the resettlement delivery. Monitoring will periodically assess the progress and
effectiveness of RAP implementation in restoring and improving living standards of PAPs. Local
communities will be given opportunities to provide feedback on RAP monitoring activities through
the Resettlement Village Committees and the Resettlement Advisory Group.
10.1.1. Internal Monitoring
Typical internal monitoring activities may include the following:
Reporting progress against the RAP schedule input and output indicators;
Verifying that land acquisition and compensation entitlements are being delivered in full;
Monitoring vulnerable households to ensure that they receive the agreed additional
assistance;
Collating periodic records of grievances and undertake status analysis; and
Preparing general status reports for the Project management team.
The purpose of the internal monitoring outputs will be to inform Project management of
implementation progress, any corrective actions to improve processes and procedures, and
additional resource requirements.
10.1.2. External Monitoring
External monitoring activities will entail the following:
Periodic evaluation of implementation progress; and

A completion audit.
The Project will at a minimum annually conduct independent monitoring to assess the Project
outcomes as envisaged in the RAPs and engage with PAPs in this regard to verify that the Project is
implemented in accordance with the measures outlined in the RAPs.
A completion audit for each RAP will be conducted by an independent evaluator. The overall
purpose of the completion audits will be to determine whether the RAP and its implementation
comply with the requirements of Ugandan Legislation and IFC PS5. The completion audits for all
resettlement will specifically focus on livelihood restoration (both measures and effects) to assess
that adverse impacts have been adequately mitigated and benefits optimised.
79
Completion audits will occur once all RAP measures have been implemented and, in terms of
livelihood restoration, once a sufficient amount of time has passed to produce verifiable outcomes.
The decision on the timing for the completion audit of a resettlement will be taken at the end of the
outcome evaluation in collaboration with the evaluators.
A completion audit will eventually verify:
That all physical inputs committed to have been delivered and all services provided;
That livelihood restoration activities have been executed with the desired effect; and
That PAPs and host communities are achieving sustainable livelihoods and their household
food security is assured.
The completion audit brings to a close the resettlement process. However, if the completion audit
indicates that certain resettlement objectives have not yet been achieved, further action will be
identified and implemented as appropriate. Indicators will focus on:
Progress monitoring: against the implementation measures and schedule set out in the
RAPs.
Output monitoring: Outputs will be measured by a set of quantitative indicators.
Outcome evaluation: Outcomes will be evaluated by a core set of qualitative indicators
designed to demonstrate whether the RAPs have achieved their goals, and conform to the
requirements of IFC PS5 and Uganda law.
A detailed monitoring and evaluation system and indicators with key performance indicators will be
developed and described in each RAP.
Monitoring and evaluation activities for each RAP will continue for three years in case of economic
displacement and five years in case of post relocation for physical displacement. Final RAP
documents will be reviewed by the Government of Uganda during the process. Each RAP will
include an estimated budget for all resettlement costs, including planning and implementation,
monitoring and evaluation and contingencies, as required and consistent with Ugandan legislation
and IFC PS5.
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GLOSSARY OF TERMS
Asset Inventory A record of lost and affected assets at the household, enterprise and
community level. This information is collected by means of a detailed
survey and should at a minimum account for land area and improvements,
loss of physical assets, as well as loss of income, the duration of loss
(temporary or permanent), and ownership details. Assets surveys should
be signed by household heads to minimise future claims to ownership.
Collectively held assets should be recorded separately.
Associated Facility Facilities that are essential to the construction or operation of the Project,
but that are not necessarily developed by the JV Partners.
Communal Land Association An association of persons formed under the Land Act, Cap 227(laws of
Uganda 2000), for any purpose connected with communal ownership and
management of land, whether under customary law or otherwise.
Community Development Community development refers to a program of interventions that
contribute to both economic and social development of communities who
are considered stakeholders. The area of intervention may extend beyond
the people who experience physical or economic displacement. The
specific objectives and modes of implementation may vary, and are subject
to negotiation with stakeholders, including communities and government.
Compensation Payment in cash or in kind for an asset or a resource that is acquired or
affected by the Project.
Compulsory Acquisition Also known as Expropriation or Eminent Domain. According to the
Constitution of the Republic of Uganda (1995) as amended no person shall
be compulsorily deprived of property or any interest in or right over
property except under the condition that it is necessary for public use and
made under a law that makes provision for prompt payment of fair and
adequate compensation prior to taking of possession or acquisition of the
property, etc. (see article 26 (2) and article 237 (2) (a)).The process for
expropriation should be considered a measure of last resort to obtain
permanent entry onto land.
Consultation and Disclosure Resettlement planning requires that affected persons are informed early
on in the planning process about their options and rights regarding
displacement and compensation. Affected persons should also have the
opportunity for informed and meaningful participation in the key phases of
planning, so that mitigation of adverse project impacts is appropriate, and
the potential benefits of resettlement are sustainable. Disclosure includes,
the disclosure of information about displacement eligibility and
entitlements, as well as compensation and livelihood packages, with the
aim to allow potentially displaced people sufficient time to consider their
options (see also IFC PS5 5 and 10 and GN28).
Cut-off Date Designated date of completion of the census and assets inventory of
persons affected by the Project. Persons occupying the Project Area after
the Cut-off Date shall not be eligible for compensation and/or resettlement
assistance. Similarly, fixed assets (such as built permanent structures,
crops, fruit trees, and woodlots) established after proper disclosure of the
date of completion of the assets inventory shall not be compensated.
For avoidance of doubt, the cut-off date is not the same as a declaration or
notice issued under the Land Acquisition Act (sections 3 and 5).
Development The planning, placement, construction and installation of facilities needed
for production of petroleum.
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Development Area An area constituted by a block or blocks which, following a commercial

discovery of petroleum, has been delineated for production according to
the terms of the petroleum agreement.
Discovery Area The block or blocks in an exploration area comprising the geological
feature as outlined by the relevant geological or geophysical data in which
a discovery is located.
Dwelling A structure occupied by one or more households as their residence. A
dwelling may be a primary or secondary residence.
Easement An easement is a non-possessory right of use, entry or way onto the
property of another. It is used by a Project Operator to allow its personnel
to enter private land to inspect and maintain its infrastructure. It is a
proprietary form of right in the land of another and is thus enforceable. A
legal contract (easement agreement) is concluded between the parties
that sets out the mutual rights and obligations of the parties, including the
determination of an easement fee as form of compensation for the
disturbance associated with the enforcement of the right of way and any
limitations on the owners continued use of the land in question.
Economic Displacement Loss of income streams or means of livelihood caused by land acquisition
or obstructed access to resources (land, water, or forest) resulting from the
construction or operation of the Project or its associated facilities. For
example, economic displacement can result from loss of access to farm
land and can occur without physical displacement occurring.
Encroacher A person who moves into the Project Area after the cut-off date and is
therefore not eligible for compensation or any other rehabilitation
measures provided by the Project.
Entitlement The compensation, rights, and assistance measures offered by the Project
according to identified impacts and displaced assets.
Exploration Area An area constituted by a block or blocks that are subject to a petroleum
exploration licence.
Export Pipeline The pipeline that shall be used to export crude oil from the project area to
an export facility on the East African coast.
Feeder Pipeline This pipeline will connect the Central Processing Facility to a delivery point
to be located near the refinery.
Field Development Plan A prerequisite condition for an application for the grant of a petroleum
production licence. It includes proposals for the development and
production of the resource relating to the spacing, drilling and completion
of wells and the facilities required for the petroleum production. (See
Petroleum (Exploration, Development and Production) Act, Act 3 of 2013,
Section 71).
Forced Eviction Defined by the United Nations Office of High Commissioner for Human
Rights as the permanent or temporary removal of individuals, families
and/or communities against their will from the homes and/or land which
they occupy, without the provision of, and access to, appropriate forms of
legal or other protection.
Grievance A grievance is a concern or complaint raised by an individual or a group of
individuals affected by company operations. Both concerns and complaints
can result from either real or perceived impacts of a companys operations,
and may be filed in the same manner and handled with the same
procedure. The difference between responses to a concern or to a
complaint may be in the specific approaches and the amount of time
needed to resolve it. (See also IFC Good Practice Note on Grievance
Management, 2009).
Host Community People living in areas to which the people physically displaced by the
Project will be resettled, and who in turn may be affected by the
resettlement.
82
Household An individual or group of persons living together, who share the same
cooking and eating facilities, and operate as a single socio-economic and
decision-making unit.
Household Census The enumeration of affected people; their registration according to
location and collection of basic information before the Project starts to
establish a list of legitimate beneficiaries. A census may include data
variables that seek to determine socio-economic conditions of affected
people and their households as baseline information for monitoring and
evaluation. On large projects the baseline survey is done on a
representative sample and thus not done as part of the census.
Buffer Area Area that extends beyond the boundaries of the installation but which is
nevertheless affected to some extent either permanently by normal
operation of the facility (noise, radiation, etc.) or exceptionally by the
consequence of an emergency situation caused by a major failure. The
buffer area is not under control of the company but is subject to
agreement with local authorities to minimise the presence of the public
within this area.
Involuntary Resettlement Resettlement is considered involuntary when affected persons or
communities do not have the right to refuse land acquisition or restrictions
on land use that result in physical or economic displacement. This occurs in
cases of (i) lawful expropriation or temporary or permanent restrictions on
land use, and (ii) negotiated settlements in which the buyer can resort to
expropriation or impose legal restrictions on land use if negotiations with
the seller fail.
Land Acquisition This includes both outright purchase of property and acquisition of rights
such as easements or rights of way. It enables the temporary or permanent
entry of land and the consequential removal of all assets on the land for a
project-related activity. Where land is registered under some form of title,
land acquisition requires the transfer of landownership to the Project in
order to secure an unencumbered right to entry. Where land ownership is
vested in the Government, the right of entry may be established by means
of long-term leasehold.
Land Acquisition and The policy statement that outlines the terminology, objectives, policies,
Resettlement Framework principles and organizational arrangements that will govern land access,
acquisition and resettlement activities related to the Project. This is in
order to meet the needs of the people who may be affected by Project
activities resulting in land access and acquisition, loss of shelter, loss of
assets or livelihoods, and/or loss of access to economic resources.
Land grabbing Refers to an unprotected practice of obtaining interests in or rights over
unregistered land without full disclosure to the unregistered owner(s) of
that land. A term used in the Uganda National Land Policy.
Land Tenure The Uganda National Land Policy recognises three land use classifications
namely Private, Public and Government and four land tenure classifications
namely customary, freehold, mailo, and leasehold.
Licence Area Means Exploration Area 1, 1A, 2, and the Kingfisher Development Area,
and thereafter the whole or any part of such area which, at any particular
time remains subject to a petroleum exploration licence and/or a
petroleum production licence.
Licence Operator The designated Partner that will lead the development and operation of
facilities in one or more licence areas.
Livelihood Refers to the full range of means comprising of capabilities, assets
(including both material and social resources), and activities required for
individuals, families, and communities to generate an income to secure the
necessities of life.
83
Livelihood Improvement Livelihood improvement refers to programs or measures designed

specifically to improve the assets, levels of economic productivity, and/or
standards of living to above pre-project levels. Livelihood improvements in
the context of this document are targeted to displaced people whose
livelihoods are affected by the project. Livelihood improvements are
required as part of the resettlement action plan to conform to the spirit
and intent of Performance Standard 5.
Network Pipelines Pipelines that will connect the well pads to the CPF (also referred to as flow
lines).
Orphan Land Linear infrastructure (pipelines, communication cables, roads etc.) corridor
will place land-use restrictions on the surface land. These restrictions may
limit the usefulness of the remaining land not affected by the corridor.
Similarly, access to land across the corridor may be unreasonably
restricted. These small, uneconomic areas have been named orphan
land.
JV Partners Three oil and gas companies, Tullow Uganda Operations Pty Limited
(TUOP), Total E&P Uganda B.V. (TEPU), and CNOOC Uganda Ltd (CUL)
entered into a Joint Operating Agreement (JOA) to develop the petroleum
resources in the Lake Albert Rift Basin. JV Partners are also referred to as
Operators.
Permanent Displacement Physical or economic displacement for the development of the Project that
does not foresee the return of the land and its assets to its original state
within a reasonable period (e.g. at the end of construction); as a result,
affected persons are required to relocate to a new location to re-establish
their livelihoods and asset base.
Permanent Materials Defined in the National Physical Planning Standards and Guidelines, 2011.
Refers to durable wall and roof materials that can maintain stability for
more than 3 years.
Physical displacement Loss of shelter and assets resulting from the acquisition of land associated
with the Project that requires the affected person(s) to move to another
location.
Production All activities relating to recovering oil and gas from a reservoir and
preparing it for evacuation from the field area.
Project One or more aspects of the development of the four licence areas which
are collectively known as the Lake Albert Development Project. The Lake
Albert Development Project is expected to contain two Central Processing
Facilities (CPFs) located in the Buliisa-Nwoya Area, and the Kingfisher Area
respectively. Each Operator is leading (in its designated area of operations)
the development of the infrastructure required for the Project. Associated
facilities, such as the export pipeline, are not included in this definition.
Project Affected Persons Individuals who are physically or economically displaced by land acquisition
for the Project. Individuals who are part of families affected by the
Projects development activities are collectively referred to as Project
Affected Households.
Public Disclosure Dissemination of information about the Project in a public forum including
allowing public access to reports and documents which contain (among
others) the description of: projects, potential impacts, mitigation plans and
other information that may have an effect on the public. Public disclosure
of resettlement plans refers to the making available of non-financial
information about the planned resettlement to affected communities.
84
Replacement cost The rate of compensation for lost assets, which shall be calculated at full
cost of replacement; that is, the market value of the assets in addition to
all transaction costs. In applying this method of valuation, depreciation of
structures and assets are not taken into account. Market value is defined
as the value required to enable affected communities and persons to
replace lost assets with assets of similar value.
Replacement Land A form of compensation for the loss of agricultural or pasture land. It is
land of equal productive use or potential, located in the vicinity of the
affected land or the new housing site, and the cost of its preparation to
levels similar or better than that of the affected land.
Resettlement Resettlement refers both to physical and economic displacement as a
result of Project related land acquisition, and the process by which these
impacts are mitigated and addressed.
Resettlement Action Plan The document which specifies the plan and procedures that the JV
Partners will follow, and the actions that it will take to mitigate adverse
effects, compensate losses, and provide development benefits to persons
and communities affected by the Project. The RAP shall be consistent with
this Framework.
Resettlement Package The compensation, benefits and other assistance provided by the Project
to displaced households and businesses.
Restricted Area An area of land in which the level of prevailing risk is not compatible with
the presence, even temporarily, of members of the public. Onshore, the
restricted area is required to be within the security zone of the facility.
Security of Tenure Means that resettled individuals or communities are resettled to a site that
they can legally occupy, and where they are protected from the risk of
eviction.
Speculation The buying of land, construction of structures or planting of crops or trees
within the Project Area as well as other associated activities with the aim
of claiming resettlement benefits.
Stakeholder Engagement An ongoing process that may involve stakeholder analysis and planning,
disclosure and dissemination of information, consultation and
participation, grievance mechanism, and ongoing reporting to Affected
Communities. The nature, frequency, and level of effort of stakeholder
engagement may vary considerably, and will be commensurate with the
Project risks and adverse impacts, as well as the phase of development.
Standard of Living The level of wealth, comfort, material goods and necessities available to a
certain socioeconomic class in a certain geographic area. The standard of
living includes factors such as: income, quality and availability of
employment, class disparity, poverty rate, quality and affordability of
housing, hours of work required to purchase necessities, gross domestic
product, inflation rate, number of holiday days per year, affordable (or
free) access to quality healthcare, quality and availability of education, life
expectancy, incidence of disease, cost of goods and services,
infrastructure, national economic growth, economic and political stability,
political and religious freedom, environmental quality, climate, and safety.
Standard of living is closely related to quality of life.
Temporary Displacement Economic displacement for the development of the Project for a limited
period of time, for instance during specialised technical operations or
period of construction of Project infrastructure. Land and assets are
restored after the temporary displacement and compensation for any loss
of assets and convenience is provided for by the Project including
livelihood support during the period of displacement.
Temporary Structure Defined in the National Physical Planning Standards and Guidelines, 2011.
Dwelling units built with nondurable wall and roof materials that cannot
maintain stability for more than 3 years and require regular replacement.
85
Vulnerable people People who by virtue of gender, ethnicity, age, physical or mental
disability, economic or social status may be more adversely affected by
displacement than others, and who may be limited in their ability to claim
or take advantage of resettlement assistance and related development
benefits.
Well pad Unmanned facility with up to 20 wells per pad including both producer and
injector wells.
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Land Acquisition and Resettlement

Framework
Annexes
2016
87
Table of Contents
ANNEX 1 PAST RESETTLEMENT EXPERIENCE .................................................................................. 89

ANNEX 2 LEGAL REVIEW OF UGANDA LAWS AND REGULATIONS ................................................... 99
ANNEX 3 VALUATION METHODS .................................................................................................. 110
ANNEX 4A COMPENSATION RATES MATRICES.............................................................................. 111
ANNEX 4B VALUATION CHALLENGES FOR RESETTLEMENT ........................................................... 130
ANNEX 5 SUMMARY ENTITLEMENTS AND ELIGIBILITY MATRIX .................................................... 133
ANNEX 6 TEMPLATE LAND AGREEMENTS ..................................................................................... 155
88
ANNEX 1 PAST RESETTLEMENT EXPERIENCE
This annex presents the key findings from the reviewed documents to gain insight into the
resettlement practices in Uganda over approximately the last 10 years. Key areas of focus were the
types of compensation packages (in-kind and cash) being offered by the project proponents and
which additional requirements (over and above Uganda legislation) were met to achieve fair
compensation. Lessons learned from implemented land acquisition and resettlement projects are
also documented to provide practical examples of how challenges in resettlement projects have
been dealt with in the past.
10.2. Resettlement Action Plan (RAP) for Proposed Hoima-Mputa-Fort Portal-Nkenda

132 kV Power Transmission Line and Associated Substations UETCL, 2008
In 2008, TUOP planned to construct a mini refinery (topping plant) fed by Mputa oil wells in Kaiso-
Tonya villages to produce kerosene, jet fuel, diesel and heavy fuel oil. TUOP planned an 85 MW
thermal power plants near Mputa 1 oil well, the first stage (57 MW) of which would be
commissioned in 2011. The thermal power plant comprised seven units of about 8 MW each
consuming heavy fuel oil from the refinery. The thermal plant would generate 50 MW for feeding to
the national grid via a 227.7 km 132 kV power line comprising two segments: MputaHoima (49.4
km) and MputaFort PortalNkenda (178.3 km).
A RAP was developed for the proposed power line and associated substations. While the line for
most sections traversed uninhabited rural areas, it affected in some cases private land, permanent
and semi-permanent residential and commercial structures, woodlots, and tea plantations. The
purpose of the RAP was to outline the methodology of implementing resettlement and equitable
compensation. The project with a proposed wayleave of 30 meters (15m on either side of its
centreline) would affect 1,514 property owners, with effects ranging from orphaned strips of land
beneath the line, loss of permanent and semi-permanent residential and commercial structures,
woodlots, and crops.
The RAP clarified that it was government policy that all development programmes in Uganda comply
with national as well as donor safeguard policies; in this instance, the World Bank OP 4.12. The goal
of the RAP was, therefore, to minimise economic and social impacts that would arise from
involuntary resettlement resulting in relocation or loss of shelter; loss of assets or access to assets;
or loss of income sources and livelihoods. The objective of the RAP was to provide guidance on how
project-affected persons in the project affected areas should be equitably compensated and upon
relocation, able to cope and lead a normal life as was previously lived or a better one38.
Compensation rates were, however, determined based on the requirements set out in the
Constitution of the Republic of Uganda of 1995 and the Land Act of 1998. Most of the land was held
by bibanja owners (under mailo land tenure) and the market value of land was based on available
purchase agreements with adjustments for land type (e.g. semi-urban, rural). Buildings and
structures were valued on the basis of depreciated replacement cost39 and rented properties were
38
UETCL, 2008: Resettlement Action Plan (RAP) for Proposed Hoima-Mputa-Fort Portal-Nkenda 132 kV Power Transmission
Line and Associated Substations, p2.
39
This is not in line with the World Bank OP 4.12, and seems to contradict the projects commitment referred to in the
preceding paragraph.
89
valued using the investment valuation method. All crops (excluding annual crops) were
compensated on the basis of the district land board rates. Sufficient notice (6 months) was given to
harvest annual crops.
Due to the linear nature of the impact, most of the affected structures could be relocated within the
same plot of land. PAPs had proposed that they were allowed to rebuild their shops and kiosks
during the notice period in order to minimise the impact on their business enterprises. In addition,
business owners and employees of enterprises that were affected were given a transitional
allowance equivalent to one months earnings based on the average income from employment in
the retail sector in the area (the figures for the computation were derived from baseline data). PAPs
with graves in the corridor were given an additional top-up allowance for transport during the grave
relocation on the basis that each family had to take care of the grave relocation process (a basic
grave relocation fee was determined by district rates, which did not include the costs of
transportation).
Eligibility for compensation was based on a cut-off date and a provision was made to handle any
disputed claims. Two entitlement options were made available:
Option 1 was designed for the majority of PAPs who were likely to lose a small section of
land and some structures. The measures included a mix of cash compensation for lost assets
(including land, structures and crops), assistance during relocation, and where appropriate,
measures to cover any short-term changes in livelihood. It was presumed that cash
compensation would be used by PAPs to replace lost assets by purchasing new land where
necessary, and/or constructing new structures on remaining portions of their current plots;
Option 2 was specifically designed for vulnerable PAPs and for those who preferred to
receive replacement assets rather than cash compensation. Under this arrangement, land
and structures would be replaced (with the same tenure as pre-resettlement), and
assistance would be provided to move household or business goods. No cash compensation
would be provided for assets, but a transition and disturbance allowance was provided to
overcome any short-term changes in livelihood.
A detailed list of rates for perennial crops was provided including a standard for annual yields per
crop type, rates per weight, period until new crop would reach maturity, and a transition
allowance. All livelihood impacts were considered under a transition allowance:
Income losses from perennial crops were calculated based on the standard yield and rate
per weight multiplied by the number of years to maturity;
The livelihood impact of the loss of annual crops was calculated at 10% of the average daily
income from annual crops for a one-month period. The 10% was determined on the
assumption that only small portions of cultivated land were affected;
Business income losses were calculated at 50% of the daily net income for a one-month
period, based on the assumption that the real losses were most likely to be minimal since
business owners were given the opportunity to rebuild their business structures in close
proximity to the existing structures before the affected structures were demolished by the
Project and were thus unlikely to lose clientele due to the relocation;
Loss of employment, although estimated to have been very low, was provided for on the
basis of the average income in the retail sector for a one-month period.
Consultation with stakeholders was done at two levels:
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Disclosure at village level, during which principles of compensation for various types of loss
were detailed, and various entitlement options discussed. A question and answer session
allowed PAPs to raise their concerns, and where feasible, PAPs preferences were adopted in
the compensation framework;
Individual and group disclosure, which entailed discussions of individual compensation
packages with PAPs. Where options were presented, preferences were noted and applied to
the final compensation calculations.
The RAP document detailed among other the legal and institutional framework, a description of the
social baseline, the entitlement matrix, a grievance management procedure, as well as monitoring
and evaluation procedures.
10.3. Resettlement Action Plan (RAP) of Proposed Upgrading of Kigumba-Masindi-

Hoima-Kabwoya Road to Bituminous Standards UNRA, 2012
This RAP was based on the UETCL 2008 RAP (see 10.2), with a number of similarities in layout and
content.
The resettlement project related to the upgrading of the Kigumba-Bulima (69 km) and Bulima-
Kabwoya (66 km) road sections, which was part of the upgrade of the 238km KyenjojoHoima
MasindiKigumba Road. The upgrade of the 135km stretch was financed by the African
Development Bank (AfDB) which classified it as a Category 1 project for which a full RAP was
required.
While the upgrade of the gravel road to a paved surface with a road reserve of 30 meter followed
the existing road alignment, social impacts included land-take and impacts on residential and
commercial structures, crops, and trees (including fruit trees), where the road alignment was altered
either to widen the carriageway or to remove dangerous corners. A total of 9,005 property owners
were affected and 518ha of land had to be acquired along the entire 238km road. The AfDB-funded
portion affected 4,272 crop owners, and 91 households were physically displaced. Due to the linear
nature of the impact, relocation to a host area was not envisaged; instead, the preferred option was
to relocate dwellings and commercial structures further onto the remaining plot.
While valuation principles based on Uganda law were adopted, the AfDB stipulated that asset
depreciation and value derived from salvaging of materials should not be discounted when deriving
at the replacement cost of the affected assets. Furthermore, the compensation rates included the
cost of transport, labour costs, and any transfer fees or taxes involved in replacing an asset. For
PAPs losing businesses, production capacity or rental income due to the loss of commercial
structures, an additional 6% of the value of affected building was added to the valuation in lieu of
deprived income.
A number of compensation principles were adopted for the resettlement project:
Resettlement and compensation of PAPs would be carried out in compliance with relevant
Ugandan laws and AfBD standards. All physically and economically displaced people were to
be adequately and equitably compensated. Wherever possible, UNRA would assist affected
people in restoring their livelihoods by providing transitional assistance, where necessary, if
livelihoods are not restored to pre-project level;
91
Resettlement had to be implemented in a gender-sensitive manner. Spousal consent had to

be obtained for the approval of final packages and resettlement-based options were
strongly promoted to avoid misuse of cash by male household heads to the detriment of
their spouses;
Cash compensation was discouraged where land-for-land compensation options were
feasible;
The objective of compensation was to ensure that people are not worse off after
resettlement and attention and should be given to vulnerable categories such as the child-
headed and female-headed households.
Eligibility was based on a cut-off date which was set as the last day of the census of affected persons
and assets. The purpose and implications of the cut-off date was explained in various meetings and
with a range of stakeholders.
A number of transitional allowances were included in the compensation packages in addition to the
disturbance allowance provided for in Uganda laws:
A perennial crop transition allowance was added to cover lost income incurred by
households during the transition period until replacement crops are ready for harvest.
Compensation was calculated on assumption that 10% of perennial crops are sold annually.
PAPs would be paid 10% of their annual crop income for 3 years to provide a transition
allowance while new crops were grown;
A transitional allowance of UGX 24,000 per household was allowed for the loss of annual
crops (in addition to harvesting the crops during the notice period). The allowance was
calculated at 10% of the average daily income from agriculture, for a period of one month.
The base figure was derived from the social baseline data collected during the planning
phase;
Transport assistance for household or business goods to a new settlement or non-adjacent
land was provided. In Additional assistance was provided for vulnerable groups, in the form
of labour to assist with loading and unloading of moveable assets. It was assumed that
households would otherwise prefer this to be done by household members to avoid theft,
and maintain privacy about their household or business assets;
Compensation to business owners and tenants for the potential loss of business income was
paid as a transition allowance in the amount of UGX 240,000. This was calculated at 50% of
the average daily income for business in the area, based on social baseline data, for a period
of one month;
PAPs employed in affected roadside kiosks, shops, bars and restaurants, a transition
allowance of UGX 95,000 was provided, calculated on the basis of their average wage for a
period of one month.
Consultation with stakeholders, including PAPs, was aimed at identifying concerns and allaying fears
about resettlement. Issues that were raised included among other safety of cash if compensation
was not paid into bank accounts; lack of documented legal titles; resolving family conflicts
concerning rights to compensation; and Local Council levies raised on compensation payments.
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10.4. Resettlement Action Plan for the Proposed Acquisition of Land for the Oil
Refinery in Kabaale Parish, Buseruka Sub-County, Hoima District PEPD, 2012
The RAP for the government refinery in Hoima District lacks clarity and has attracted considerable
public attention. The refinery was conceived following a recommendation in the National Oil and
Gas Policy for Uganda of 2008 for the development of a refinery. A subsequent feasibility study
recommended that the refinery be located near the oil fields and about 29km of land was
earmarked in Kabaale.
The RAP was prepared in line with national legislation, including, among other, the Constitution of
the Republic of Uganda of 1995, the Land Act of 1998, and the Land Acquisition Act of 1965, and
international guidelines such as IFC Standards on Environment and Social Sustainability (2012) and
World Bank Operational Policy on Involuntary Resettlement (OP 4.12). It subsequently states that
the RAP recommends land for land compensation where PAPs prefer the resettlement option, and
full replacement costs where cash compensation is preferred.
The summary of land acquisition indicates the impact of 1,662 land parcels affecting 2,473 land
owners and licensees, and 1,221 households and a population of 7,118. A total of 13 villages were
impacted by the proposed development.
The general objective of the RAP was to set out a framework for managing the loss of economic
activities and livelihoods and the resettlement from the proposed site for development. Despite this
objective and its adherence to the more favourable international guidelines, such as the IFC PS5
and WB OP 4.12, the considerations for the compensation of affected assets followed the
prescriptions of Uganda laws. The following entitlement framework was proposed:
Licensees were entitled to compensation for crops and development on the land in addition
to a disturbance allowance of 30%. No land compensation was considered;
Landowners were compensated based on the market value of the land, and any crops and
developments on the land, as well as a 30% disturbance allowance;
Tenants were entitled to compensation based on their rights over the land, as well as a 30%
disturbance allowance.
Two compensation options were offered, namely cash compensation and a resettlement package.
Despite the stated preference for land-based compensation, only 27 households chose the
resettlement package. This aspect was highlighted in a report by a civil society organisation (Africa
Institute for Energy Governance) which suggests that PAPs were discouraged to take the
resettlement package. It has also been suggested that the cash payments reduce governments risks
during implementation. The commitment to livelihood restoration assistance was restated in the
compensation principles. Three mechanisms were identified in this regard:
Financial management planning in view of the vast majority opting for cash compensation,
despite the finding that nine out of ten households derived their income from farming;
Improved agriculture through the introduction of modern farming methods and improved
crop varieties among other;
Small-scale rural business development.
Consultation entailed the dissemination of basic information and obtaining household approval of
the calculated packages.
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10.5. Assessment of Past Resettlement Activities and Action Plan (APRAP) (Bujagali
HPP) Bujagali Energy Limited, 2006
The Bujagali resettlement project for the development of a 250MW hydropower facility on the
Victoria Nile, for which a RAP was prepared in 2001, is generally regarded as one of the larger and
more complex resettlement projects undertaken in Uganda. The implementation has been marred
by institutional challenges and an assessment of past resettlement activities was completed in 2006.
The review included the following comments about the original resettlement planning and
implementation:
Eligibility to resettlement and compensation was based on the census: households identified
during the census as having interests affected by the project were eligible to resettlement
and compensation packages proportionate to the level of impact;
A resettlement package was offered as an option to all physically or economically displaced
households, including:
o the provision of a plot on a resettlement site, with slightly greater surface area than
the present;
o affected persons plot, and similar or better agricultural potential;
o the provision of a replacement house, improved vis--vis usual houses, featuring
amongst other improvements a corrugated iron roof, a concrete floor, and a
ventilated pit latrine;
o agricultural inputs such as seeds, seedlings, fertilisers;
o cash compensation against the value of lost perennial crops plus disturbance
allowance; and
o cash compensation against the cost of moving.
Cash compensation for those households who do not opt for resettlement or who are not
displaced, for their land, perennial crops and buildings. All compensations were calculated
according to the Ugandan legislation with an uplift from the project proponent to meet
WB/IFC requirements.
A resettlement area had been identified based on the following criteria:
o It was at a short distance (a few kilometre) from the affected peoples present
location, thus causing minimal social and psychological disruption;
o Because sufficient land was available there; and
o It was conveniently located near the main road and the main town. A primary school
and a clinic were also available in the vicinity.
Residential plots (the plot where the homestead was located in the original location, usually a
combination of residential and agricultural use) were compensated in the form of a residential plot
of less than 1 acre would be replaced by a plot of 1 acre; and a residential plot of more than 1 acre
would be replaced by land rounded up to 1/8 acre. Additional pieces of land would be compensated
in cash.
Non-residential plots (usually agricultural plots without a residential homestead on them) were
replaced as follows:
An agricultural plot of less than 1/8 acre would be replaced by a plot of the same
surface;
An agricultural plot of more than 1/8 acre would be replaced by a plot of 1/8 acre with
cash compensation to offset the difference in surface above 1/8 acre.
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The replacement land policy was designed to provide a minimum safety net of one acre to the
poorest landowners (those with less than one acre), and to leave it to the better-off people to deal
themselves with acquisition of additional land using the cash compensation they were allocated in
this purpose. These options were also designed to manage the limited agricultural land available at
the resettlement site.
The implementation of the RAP was entirely under the responsibility of the Proponent who had an
implementation team in charge of resettlement and compensation for both the hydropower facility
and the transmission system. In addition, the following independent institutions were involved in
the monitoring of the implementation of the RAP:
An independent legal counsel firm was available to advise PAPs on legal issues relevant to
compensation and resettlement;
A Ugandan NGO (Interaid) independently witnessed the whole RAP implementation;
Local Government representatives were involved in signing off on compensation payments
to individuals, and participated in various consultation bodies.
Only 40% of the eligible displaced households chose the full resettlement package. The following
factors explain this rather low number:
In many displaced communities such as the one interested by this project, people tend to
think that they will get a better deal taking cash and choosing their relocation housing
themselves rather than relying on the Project sponsor to provide resettlement houses,
which they usually think would be incompletely built or poor quality;
Ugandan law does not provide for resettlement as a compensation option; per Ugandan law,
compensation is normally offered in cash; the Project sponsor was therefore compelled to
offer cash compensation as an option; there was also a large community demand for cash
compensation;
Ugandan law requires all household members to give their consent to the compensation
option; this is a factor that may have favoured cash compensation as it is easier to obtain
consent on a compensation option (of which everyone in the household can easily claim a
share) than on a resettlement option.
During the review assessment, resettlers unanimously indicated that they were well informed and
had had a say in decisions related to their compensation package, including the option of
resettlement versus cash compensation.
10.6. Lessons Learned from Past Experience
The literature review for the LARF included implementation documents and minutes of meetings
that summarised issues that have previously delayed and hampered implementation progress on the
following resettlement projects:
Kampala Institutional and Infrastructure Development Project (KIID) Phase I

Bujagali Hydropower Project
Energy for Rural Transformation Program III
This section summarises the lessons learned by the different project proponents from their
experience in implementing land acquisition and resettlement projects with a view to improve the
planning and implementation processes in the Albertine Graben.
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10.6.1. Speculation
Activities of a speculative nature are common on resettlement projects. The following

recommendations have been made in recognition of the Partners anticipated challenges:
a) Socio-Economic Baseline Studies and Rapid Asset Surveys

Experiences from the Bujagali Hydropower Project showed the importance of conducting
comprehensive baseline studies during the development project design phase. In some
cases, the unavailability of this data allowed for speculators to benefit from the
compensation packages being given to affected persons.
b) Gazetting of land
This is a process that results in the declaration of a project for national interest and has
mainly been done for development projects being undertaken by national agencies (UNRA
and UETCL). The advantages of land gazetting are that land titling in the proposed project
area is frozen. Additionally, it ensures that the land required is reserved for public interest
and project activities can still continue despite land disputes. Overall, the gazetting process40
(for UNRA and UETCL) follows the procedure outlined below:
Required procedure before land gazetting:

1) Completion of feasibility studies, detailed designs, ESIAs;
2) A survey notice stating the intention and purpose for acquiring land must be published
and affected landowners (whether physically present or not present in the affected
area) must be notified. This usually involves calling community meetings;
3) Land and Asset Surveys are undertaken for a minimum of three months to identify the
land required and specific dimensions of affected property. All types of ownership are
identified i.e. everyone who has an interest in the land;
4) A cut-off date is determined once the CGV has approved of the land asset survey
reports;
5) Land demarcation and survey reports submitted to MLHUD Commissioner for Surveys
and Physical Planning for approval.
It is understood that the gazetting procedure41 involves:
6) Land required for public purposes is communicated directly to the Minister of Land in a
dossier which includes:
a. The plan for the land: strip maps showing the land intake for the project, the
existing land tenure, registered land, and sizes;
b. Purpose for which the land will be acquired;
c. Place and time at which the plan can be inspected (Public Disclosure must last a
minimum of three months);
d. Notice to any person that has an interest in the land;
40
This entire sequence of events is summarised from the minutes of a consultation meeting with UNRA and UETCL on 9
September 2014. While this is the procedure that the two government agencies are familiar with and have used, it is
important to note that this process would have to be modified to the particular situation in the Albertine Graben.
41
The gazetting procedure referenced here can be done before or during RAP implementation and compensation, but
requires that project proponents demonstrate willingness to compensate affected persons. Compensation must therefore
be planned for in parallel to the gazetting procedure or funds must be saved in an escrow account.
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7) Manage grievances and complaints;

8) The Minister of Lands issues a statutory instrument (SI) once grievances and complaints
are dealt with or does so immediately with a condition to sort outstanding grievances
and complaints. There is no public hearing required;
9) The SI is applied and it specifies the date from which gazetting will be effective. MLHUD
informs all of the districts of the application of the SI. As a last resort, the SI enables
UNRA / UETCL to use compulsory acquisition;
It is recommended that the Partners enter discussions with PEPD on how this can be
modified and used as an alternative to their challenge in combatting speculative activities.
Key to note is that since the Partners can compulsorily acquire land only as a last resort, a
special instrument taking components from the one described above must be put in place.
10.6.2. Valuations
Past land access experience (particularly for the Bujagali project42) and locally in the Albertine
Graben has shown that PAPs often contest the value at which they are compensated for loss of
crops and land. It would be beneficial for a formal Asset Valuation Study to be undertaken in
collaboration with key government institutions (local district governments, DLBs, CGV, PEPD) to
determine reasonable rates that will be acceptable to affected persons. It is important that the
baseline rates and valuation methodologies are disclosed to communities. For more details on
valuation and compensation, please refer to Chapter 7 and Annex 3.
10.6.3. Livelihood Restoration
Key to the success of livelihood restoration in projects reviewed for this section is the early
identification and reporting of socio-economic baseline conditions. The lack of detailed baseline data
created difficulties for monitoring teams on the Bujagali Hydropower Project as there was not
sufficient baseline data to determine whether livelihoods had been restored, which in turn
hampered proof of compliance with project financiers policies on livelihood restoration. Efforts to
retrospectively collect data were often difficult as PAPs had already moved from the project area. It
is recommended that the Partners consider conducting the recommended baseline studies in the
proposed project area prior to the RAP development process.
10.6.4. Integrated project planning
During the monitoring visits for the Bujagali Hydropower Project, the IRM team found that follow-on
projects from the original one were negatively impacting the environment as they were further
encroaching upon forest and wetland habitats. In addition, resettled PAPs also later voiced concern
about the perceived temporary condition of their resettlement. This stemmed from a number of
factors which included new surveys being conducted in their area for other development projects.
These issues underscored the importance of better project planning (including strategic social and
environmental assessments) particularly in the knowledge of possible projects that may follow on
from the original project. In the context of the projects that the Partners are planning to undertake,
42
During the IRM Monitoring visits, it was found that many PAPs had rejected the CGVs offer. In fact, a court case had
been opened by 557 affected people to contest the compensation they had received for their crops and land. According to
their representatives, the CGVs rates were much lower than those that had been compiled by the district at the time when
the project began.
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it is important that plans are made with future development projects being taken into consideration.
Partners should work closely with national planning agencies such as planning departments at
MLHUD and at the district level to ensure that resettled PAPs and natural environments are not
adversely affected by future development project activities.
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ANNEX 2 LEGAL REVIEW OF UGANDA LAWS AND REGULATIONS
This Annex provides a comprehensive review of the applicable Uganda laws and regulations in
respect of land acquisition and resettlement. The review is presented in two sections:
1) National Legislation;
2) Policies, Regulations and Guidelines.
The purpose of this review was to identify the applicable local laws and regulations that will govern
land acquisition and resettlement activities and that must be complied with. A detailed gap analysis
the difference between Uganda legislated requirements and international good practice defined in
the IFC Performance Standard 5 for Land Acquisition and Involuntary Resettlement is presented in
the Land Acquisition and Resettlement Framework (LARF), including the actions that are required in
order to ensure that the requirements of Uganda law and the standards set out in PS5 are met.
National Legislation
THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995

Land in Uganda belongs to the citizens of Uganda and is vested in them in accordance with four land
tenure systems: Customary, Freehold, mailo and Leasehold. However, the government or a local
government may acquire land from individual owners in the public interest. To this end, compulsory
deprivation of property or an interest in or right over property of any description can only be made
under a law which makes provision for prompt payment of fair and adequate compensation prior to
the taking of possession or acquisition of the property, and a right of access to a court of law by any
person who has an interest or right over the property.
With regard to the property of petroleum, the control of all minerals and petroleum in or under any
land or waters in Uganda are vested in the government on behalf of the Republic of Uganda. As
such, the Government of Uganda holds petroleum rights on behalf of and for the benefit of the
people of Uganda.
THE LAND ACT, CAP 227, 1998

This law regulates the tenure, ownership and management of land in Uganda. The Act establishes a
number of land administration institutions, notably District Land Boards, District Land Office, Land
Tribunals and Land Committees.
District Land Boards

Each district has a land board comprised of a chairperson, one member representing the
municipal council, one member representing the urban council and one member from each
county in the district. The district land board functions are to:
Hold and allocate land in the district which is not owned by any person or authority;
Facilitate the registration and transfer of interests in land;
Take over the role and exercise the powers of the lessor in the case of a lease
granted by a former controlling authority;
Cause surveys, plans, maps, drawings and estimates to be made by or through its
officers or agents;
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Compile and maintain a list of rates of compensation payable in respect of crops,

and buildings of a non-permanent nature;
Review the above mentioned lists of rates compensation every year in consultation
with the technical officers in the district;
Deal with such other matters that are incidental or connected to their
responsibilities.
The District Land board has power to sell, lease, or otherwise deal with the land held by it.
The District Land Office

This office is a sector under the Natural Resources Department of the District. The Land
Office is established under S.59 (6) and (7) of the Act which states that each district council
shall have a district land office comprising the offices of the District Physical Planner, the
District Land Officer, the District Valuer, the District Surveyor and District Registrar of Titles.
The District Land Office shall provide technical services to the district land board in the
performance of its functions43.
District Land Tribunals

Each district has a land tribunal comprised of a chairperson who is well qualified to be
magistrate Grade 1, and two other members. District land tribunals have power to:
Determine disputes relating to the grant, lease, repossession, transfer or acquisition

of land by individuals, the Uganda Land Commission or other authority with
responsibility relating to land;
Determine any dispute relating to the amount of compensation to be paid for land
acquired compulsorily by government;
Determine disputes in respect of land value which exceeds two thousand five
hundred currency points in rural areas; five thousand currency points in urban areas;
and twelve thousand five hundred currency points in a division;
Make consequential orders relating to cancellation of entries on certificates of title
or cancellation of title in cases handled by the lower land tribunals;
Determine any other disputes relating to land.
In the determination of land disputes, district land tribunals have powers to grant decrees of
specific performance; issue injunctions; alter any action, notice, order, decree or declaration
made by any official or any board or any committee or any association or the commission, as
the circumstances of the case require.
The district land tribunal44 in assessing compensation for land compulsorily acquired by
government takes into account the following:
In case of a customary owner, the value of land is the open market value of the
unimproved land;
43
This section was amended in the 2004 Land (Amendment) Act which states (substituting subsection (6)) that each District
shall have a District Land Office, which shall provide technical services through its own staff, or arrange for external
consultants to the Board.
44
Notwithstanding, following the expiry of contracts of Chairpersons and members of the District Land Tribunals,
Magistrate Courts presided over by a Magistrates of the rank of Grade 1 and above now exercise jurisdiction over land
matters until new chairpersons and members of District Land Tribunals are appointed or otherwise. This is an interim
measure to address the vacuum in Land Justice.
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The value of the buildings on the land, shall be taken at the open market value for
urban areas and depreciation replacement cost for the rural areas;
The value of standing crops on the land, excluding annual crops which could be
harvested during the period of notice given to the tenant.
In addition to this, a disturbance allowance of 15% must be paid, or if less than six months
notice to give up vacant possession is given, 30% of any sum assessed as above stated.
Area Land Committees (ALC)

The council at the sub-county level appoints Area Land Committees (ALC). These committees
determine, verify and mark the boundaries of all interests in land that is subject to an
application for certificate of customary ownership or in grant of freehold title. The ALC
assists the DLB in an advisory capacity on matters relating to land, including ascertaining
rights in land boundaries and disputes, and performs any other function conferred on it by
law.
The Land Act makes provision for government or local government to acquire land compulsorily as
long as this is done after the affected persons have been adequately compensated (the procedure
for this acquisition is set out in the Land Acquisition Act). The Land Act also provides for four land
tenure systems referred to in the Constitution:
Customary tenure is not governed by written law. Rather, it is governed by rules generally
accepted as binding and authoritative by the class of persons to which it applies;
Leasehold tenure is created either by contract or by operation of law. The landlord or lessor
grants the tenant or lessee exclusive possession of land usually, but not necessarily, for a
defined period, and usually, but not necessarily, in return for a rent and/or premium;
Freehold tenure involves the holding of registered land in perpetuity or for a period less
than perpetuity which may be fixed by a condition; and enables the holder to exercise,
subject to the law, full powers of ownership;
Mailo tenure involves the holding of registered land in perpetuity. Mailo tenure permits the
separation of ownership of land from the ownership of developments on land made by a
lawful or a bona fide occupant. It also enables the holder and his/her successors in title, to
exercise all the powers of ownership, subject to the customary and statutory rights of those
persons lawful or bona fide in occupation of the land at the time that the tenure was
created.
The Constitution protects the tenure rights of lawful and bonafide occupants of mailo land, freehold
or leasehold land to enjoy security of occupancy on the land as lawful occupants until an
appropriate law is enacted by Parliament. The Land Act has subsequently specified in greater detail
the following:
Lawful occupants are either persons occupying land by virtue of the repealed Busuulu and
Envujjo Law of 1928, or the Toro Landlord and Tenant Law of 1937, or Ankole Landlord and
Tenant Law of 1937; or persons who entered land with the consent of the registered
owner, and includes a purchaser; or persons who had occupied land as customary tenants,
but whose tenancy was not disclosed or compensated for by the registered owner at the
time of acquiring a leasehold certificate of title, qualify as lawful occupants;
Bonafide occupants are persons who before the coming into force of the 1995 Constitution
of the Republic of Uganda had occupied and utilised or developed any land unchallenged
by the registered owner or agent of the registered owner for twelve years or more; or had
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been settled on land by the government or an agent of the government, which may include
a local authority.
The Act provides that a tenant by occupancy on registered land shall enjoy security of occupancy on
the land, subject to terms and conditions set in the Act.
THE LAND ACQUISITION ACT, CAP 226, 1965

Compulsory acquisition of land is defined as the intervention of Government, including local
government, to acquire land in the national interest, such as public use, interest of defence, public
safety, public order, public morality and public health. There is no provision for compulsory
acquisition of land by individuals or corporate bodies in the name of public interest, and is thus the
explicit prerogative of the State.
The Act stipulates that land owners affected by compulsory acquisition must be adequately
compensated for their land, developments thereon, and loss of livelihood prior to the
resettlement/relocation. The procedures for compulsory acquisition are as follows:
The Minister upon being satisfied that any land is required by Government for a public
purpose makes a declaration by statutory instrument to that effect;
A copy of the declaration is served on the registered proprietor of the land specified in the
declaration or, as the case may be, on the controlling authority, and if the proprietor is not
the occupier of the land, on the occupier;
Upon publication of the declaration by the Minister, the assessment officer causes the land
to be marked out and measured, and a plan of the land to be made if a plan of the land has
not already been made;
The assessment officer then causes a notice to be published in the gazette, and exhibited at
convenient places on or near the land, stating that Government intends to take possession
of the land, and that claims to compensation for all interests in the land may be made to him
or her;
The assessment officer then causes a copy of the notice to be served on the registered
proprietor of the land to which the notice relates or, as the case may be, on the controlling
authority, and, if the proprietor is not the occupier of the land, on the occupier;
On the day specified in the notice, the assessment officer proceeds to hold an inquiry into
claims and objections made in respect of the land, and then makes an award under his or
her hand;
The assessment officer causes a copy of the award to be served on the Minister and on
those persons having an interest in the land, if they were not present personally when the
award was made;
The assessment officer takes possession of the land as soon as the award is made. The Act
also provides that if the Minister certifies that it is in the public interest, possession may be
taken after publication of the declaration45;
When the assessment officer takes possession of the land, it immediately vests in the
Uganda Land Commission, free from all encumbrances, and the estate and interest of every
person having an interest in the land immediately before the land vested in the Uganda Land
Commission converts into a claim for compensation;
The assessment officer then forwards to the registrar of titles a copy of the declaration
relating to the land endorsed with a certificate signed by the assessment officer, stating that
45
A recent Court decision has challenged the legality of this part of the subsection which gives the government the power
to take possession before compensation (right after declaration) if the Minister certifies so. This decision is under Appeal.
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the assessment officer has taken possession of the land and specifying the date when he or
she did so;
On receipt of a declaration endorsed by the assessment officer, the registrar of titles then
takes the steps necessary to give effect in the Register Book to the vested interest and
compensation requirements of the land specified in the declaration.
REGISTRATION OF TITLES ACT, CAP 230, 1924

This law governs the documentation of freehold, leasehold and mailo land tenure systems. Section
59 of the RTA provides that the certificate of title is conclusive evidence of ownership. Section 64
states that the interest of the registered proprietor has priority over any interest except in cases of
fraud.
PETROLEUM (EXPLORATION, DEVELOPMENT AND PRODUCTION) ACT, NO 3 OF 2013

The interest in land in a development area belongs to the land owner. The Government of Uganda is,
however, vested with the interest in the petroleum in or under any land or water in Uganda. As
such, a person exercising any right under a licence should, when asked for it, produce evidence of
the possession of the licence to the land owner of any land upon which the right is to be exercised.
Failure to produce the same would be treated as trespass.
However, subject to any law relating to acquisition of land, and Section 135 of the same Act, a
holder of a petroleum production licence may obtain a lease of the land or other rights to use it
upon such terms as to the rent to be paid for the land, the duration and extent or area of the land to
which the lease or other right of the lease shall relate as may be agreed upon between the holder of
a licence and the land owner, if the licensee requires the exclusive use of the whole or any part of a
block in a development area.
When a land owner makes a demand, a licensee should pay to the land owner a fair and reasonable
compensation for any disturbance of his/her right and for any damage done to the surface of the
land, any crops, tree, building or works.
The basis upon which compensation is payable for damage to the surface of any land is the extent to
which the market value of the land has been reduced by reason of the damage, but without taking
into account any enhanced value due to the presence of petroleum. In assessing compensation
payable under this arrangement, account should be taken of any improvements effected by the
licensee or by the licensees predecessor in title, the benefit of which has or will accrue to the land
owner.
However, payment of rent to or compensation to a land owner for termination of his or her lawful
occupancy is deemed to be adequate compensation for deprivation of the use of the land to which
the rent or compensation relates. Land owners who are dissatisfied with any compensation offered
by a licensee should have the dispute determined by the Chief Government Valuer.
THE WATER ACT, CAP 152

The Act vests all rights to investigate, control, protect and manage water in the Government of
Uganda. These rights are exercised by the Minister of Water and Environment. The interest in land
upon which water exists belongs to the land owner. The land and works acquired or constructed by
or on behalf of a water or sewerage authority are owned by that authority to the extent that is
prescribed or directed by the Minister in the performance contract with the authority.
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The power to acquire land under the Act is vested in the Minister, and the Authority (National Water
and Sewerage Corporation) with the authorisation of the Minister, by agreement or through
compulsory acquisition in accordance with Article 26 of the Constitution, for the purposes of the
Water Act. In the performance of its functions, the Authority is authorised to exchange any land for
any other land; grant leases, licences or easements over its land; mortgage its land; or sell any of its
land.
THE NATIONAL FORESTRY AND TREE PLANTING ACT, NO. 8 OF 2003

A forest is an area of land containing a vegetation association that is predominantly composed of
trees of any size and includes a natural forest; woodland or plantation; the forest produce in a
forest; the forest ecosystem; central forest reserves, local forest reserves; community forests;
forests forming part of a wildlife conservation area declared under the Uganda Wildlife Statute,
1996, and private forests.
Forest reserves are a natural resource. The Constitution of the Republic of Uganda mandates
Government or a local government to hold and protect natural resource land, including forest
reserves, in trust for the people of Uganda. Government is prohibited from issuing out leases on any
natural resource land or otherwise alienating any natural resource. It may only create private rights
over the land through the grant of concessions, or licenses or permits in respect of natural resource.
Forest reserves are put to use in accordance with the management plan. One needs a licence in
order to utilise a forest reserve. The person granted a licence, only acquires the usufructuary rights
stated in the licence. The Licensee is not deemed to have acquired any privilege, right, title, interest
or easement over the forest reserve. The Act requires every person intending to undertake a project
or activity which may, or is likely to have a significant impact on a forest to undertake an
environmental impact assessment.
PHYSICAL PLANNING ACT, NO. 8 OF 2010

The Act regulates development where development is the making of any material change in the use
of any building, land, sub-division of any land, and the erection of such buildings or works and
carrying out of such building operations. It declares the whole country a planning area bringing the
entire country under planning control. It has established planning institutions like the National
Physical Planning Board (NPPB), District Physical Planning Committee, and Urban/Local Physical
Planning Committees. These institutions provide national and regional planning frameworks and
inform district, urban and local planning processes.
The Minister has powers to declare an area a special planning area or suspend all developments in
the special planning area. This affects all land even land in the hands of Uganda Land Commission.
The effect of the Act is that the entire country is a planning area. This means that all developments
including land allocation, is subjected to planning approval. Therefore, where Uganda Land
Commission (ULC) has land it wants to allocate, and no planning and allocation has taken place
before, the District Physical Planning unit in conjunction with the Physical Planning Committee of the
area will prepare a layout which will guide ULC in the allocation of such land as per the land use
attached to it. These developments, including sub-division and consolidation of land, renewal or
extension of a lease on any land, and change of land use, require approval by the National Physical
Planning Board.
Land owners have to use qualified planners to prepare local physical development plans through the
local physical planning committees. All developments must take place with development permission
from the Physical Planning Committee prior to any development taking place. The development
plans should provide for the making of new roads, streets, right of way, sites for bridges, quarries,
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power lines, telecommunication lines, industries, dumping sites, sewerage treatment plants, schools,
petrol stations, human settlements, and sites that have injurious impact on the environment
(approved after getting Environmental Impact Assessment).
SURVEY ACT (Amended), CAP 232, 1939

This Act provides for, among others, the surveying, inspection and maintenance of national and
international boundaries, acquisition of small and large scale photographs for mapping,
maintenance of all aerial photographic records and supplying the same to other organizations,
surveying for production of large and small scale topographic maps, execution of new grant surveys,
and compilation of deed plans, approving all title surveys, production of plans for the gazetting of
administrative boundaries, forests and National Park boundaries. It provides for the commissioner
of lands and surveys to authorize at any time, the carrying out of any trigonometric or topographical
survey or any other survey which, in the opinion of the commissioner, is necessary. Surveyors can
enter upon any land and make all inquiries and do or cause to be done all things necessary for the
survey. They can cause to be cleared any boundary or other line which it is necessary to clear for the
purpose of any survey by cutting down and removing any trees, bushes, fences or standing crops,
doing thereby as little damage as possible, or otherwise, to assist in the survey of the land. Further,
the commissioner, his or her officers and agents may without the payment of compensation build
and occupy camps on any uncultivated or unused land and take from that land for the construction
of camps, beacons and survey marks such materials, wood, not being timber of special value, or
water.
THE ROADS ACT, CAP 358, 1964

This Act provides for the establishment of road reserves and for the maintenance of roads. It gives
the Minister authority to declare a road reserve by Statutory Instrument. UNRA is responsible for all
national roads, District Local Governments are responsible for district roads, Urban Authorities
responsible for urban roads and LC IIIs responsible for community roads. Road reserves are required
to be kept clear and no person is allowed to erect building or plant permanent crops in a road
reserve except with the Ministers permission.
ACCESS TO ROADS ACT, CAP 350, 1969

This legislation provides for the procedure for a private land owner to access a public highway and
for leave to construct a road of access to a public highway and connected purposes, an application
for access of a road is made to a land tribunal46, service of the application on a land owner, hearing
of the application by a competent court, and avenues for revocation of an order that may have been
granted for an access road. Further the Act deals with width of road of access; registration of an
order under right of way of the person who obtains an order for access road; obligations to repair
the acquired access road; the remedy of appeal to the High Court in the event of dissatisfaction with
an order granted for an access road against a landowner and entry in the Register Book of the order
of access of a road or its revocation.
UGANDA NATIONAL ROADS AUTHORITY ACT, 2006

The Act establishes the National Roads Authority and makes for the provision and management of
the national roads network in an efficient and effective manner as advisory to Government. UNRA is
responsible for the management of the national roads network; maintaining and developing the
national roads network; advising Government on policy matters concerning roads generally, and
addressing transport concerns in overall national planning through co-ordination with the relevant
ministries, departments and agencies of Government; collaboration with international organisations,
46
The land tribunals are not in force and applications are lodged with the existing judicial courts.
105
inter-governmental organisations and agencies of other states, and the private sector on issues
relating to the development and maintenance of roads.
UNRA can enter into agreements or other arrangements with any person for the provision of roads
services, subject to such charges as may be agreed upon; any matter relating to the planning, design,
construction and maintenance of roads, whether the roads are part of the national roads network or
not, and establishment and maintenance of road reserves in accordance with the Roads Act.
LOCAL GOVERNMENT ACT, CAP 243, 1997 (and as amended in 1997, 2001 and 2003)
The Act provides for the establishment of local governments and administrative units within the
district. The district council, which is comprised of elected members, is the highest political authority
having legislative and executive powers within the district, and other councils in lower-level local
government are also the highest political authorities in their jurisdictions. The local government
system is comprised of a five-tier structure where, in rural areas, the village council (LC I) forms the
lowest level, followed by the parish council (LC II), then the sub-county council (LC III), the county
council (LC IV), and at the top (the district) the district council (LC V).
The district council is the basic local government unit while the municipal council, city division
council, the municipal division council, and the town council are lower-level local governments. Both
the district council and the lower-level local government units have corporate status with perpetual
succession and a common seal, and they have independent legal personality in the sense that they
can sue and be sued in their corporate name.
In their areas of jurisdiction, local government councils make development plans based on locally
determined priorities, raise revenue, budget, and appoint statutory commissions, boards and
committees for personnel (District Service Commission), land (District Land Boards), procurement
(District and Urban Tender Boards) and accountability (Local Government Public Account
Committee). Local governments are also vested with powers to provide such services as education
(except tertiary education), health services (except referral hospitals), the construction of roads
(except those under the central government), and ambulance services.
The Local Government Act also provides for the office of the Chief Administrative Officer (CAO), who
is appointed by the public service commission, and serves as the head of the public service in the
district, the head of the administration of the district council, and also as the accounting officer of
the district. The CAO is responsible for the implementation of all lawful decisions by the council;
giving guidance to the local government councils and their departments; and supervising, monitoring
and coordinating the activities of the district and lower council employees; and he acts as the liaison
officer between the district and Government.
Policies, Regulations and Guidelines
NATIONAL OIL AND GAS POLICY FOR UGANDA, 2008

This Policy supersedes the Energy Policy for Uganda published in 2002, and creates a conducive
environment for petroleum exploration and the anticipated development, production and utilisation
of discovered resources. It further provides a framework for the efficient management of oil and gas
resources as well as revenues accruing from it. Section 6.1.1 of the Policy envisages the need to
acquire land for the different aspects of the petroleum value chain like provision of transportation
corridors, i.e. pipelines and roads, together with infrastructure such as wellheads, oil and gas
processing facilities and refineries. It anticipates that agreements will have to be entered into with
landowners to cover aspects like compensation for their land surface interests. As such,
106
Government shall, where necessary and in accordance with the Constitution, acquire land in the
public interest to support the implementation of oil and gas activities.
In pre-empting the development of urban centres during the development of oil and gas activities,
the Policy further endeavours to ensure organised urbanisation in and around the Albertine Graben.
In order to achieve this objective, consideration will be given to declare the areas where oil and gas
activities will be concentrated special planning areas to pave the way for their physical planning,
including the identification of potential urban and growth centres around the Graben, and the
proactive planning for these centres with the oil and gas activities in mind. It identifies the need to
support efforts to design and implement physical planning in pace with, or preferably prior to, the
development phases of oil and gas activities. Finally, it stipulates the need for community
participation in both planning and implementation and the balance of physical planning in other
parts of the country to avoid any undesirable population migration.
UGANDA NATIONAL LAND POLICY, 2013

The Uganda National Land Policy provides a framework for articulating the role of land in national
development, land ownership, distribution, utilisation, alienability, management and control of land.
The Policy is aimed at transforming the country into a modern, industrialised and urbanised society.
It harmonises the diverse views on historical land injustices, land management and land use, and
contemporary land issues. It further protects the rights of citizens to own land, which should be
optimally utilised. It further provides a framework for reform geared towards having an efficient
and effective land delivery system, which is the basis for poverty reduction, wealth creation and
socio-economic transformation.
Government has a mandate to protect the land rights and resources of customary owners,
individuals and communities owning land in areas where petroleum deposits exist or are discovered,
and to allow, to the extent possible, co-existence in such areas. In the use and management of
natural resources, Government should recognise and protect the right to ancestral lands of ethnic
minority groups and shall pay prompt, adequate and fair compensation to ethnic minority groups
that are displaced from their ancestral land by government action.
DRAFT STRATEGIC ENVIRONMENTAL ASSESSMENT OF OIL AND GAS ACTIVITIES IN THE ALBERTINE
GRABEN, 2013
The Draft SEA includes, as a separate document47, a resettlement policy framework (RPF) which
addresses land acquisition and loss and/or restrictions of access to economic assets and resources.
The RPF was prepared as part of the SEA in line with World Bank Operational Policy, OP 4.12 on
Involuntary Resettlement. The main aim of the RPF is to provide guidance on how to address all
impacts associated with the access to land and resources to be obtained by the project developers
and their associated facilities and actors. It is based on international best practice to ensure that the
people living in Albertine Graben and/or depending on its resources do not face adverse socio-
economic impacts as a consequence of the development of the oil and gas industry in this region.
47
The full text of this RPF was not publicly available. The Draft SEA contained a summary in Appendix 10.
107
The RPF requires that the implementation of individual RAPs are a prerequisite for the
implementation of project activities causing resettlement, such as land acquisition to ensure that
displacement or restriction to access does not occur before necessary measures for resettlement
and compensation are in place. It is further required that these measures include provision of
compensation and other assistance required for relocation, prior to displacement, and preparation
and provision of resettlement sites with adequate facilities, where required. In particular, the taking
of land and related assets or the denial of access to assets may take place only after compensation
has been paid and where applicable, resettlement sites, new homes, related infrastructure, public
services and moving allowances have been provided to displaced persons. Furthermore, where
relocation or loss of shelter occurs, the policy further requires that measures to assist the displaced
persons are implemented in accordance with the resettlement and compensation plan of action.
To address displacement impacts, resettlement and compensation plans must include measures to
ensure that displaced persons are (a) informed about their options and rights pertaining to
resettlement and compensation, (b) consulted on, offered choices among, and provided with
technically and economically feasible resettlement and compensation alternatives and (c) provided
prompt and effective compensation at full replacement cost for losses of assets and access,
attributable to the project.
The RAP prepared by the sponsor shall be approved by the MEMD in compliance with international
standards and provisions.
NATIONAL PHYSICAL PLANNING STANDARDS AND GUIDELINES, 2011

The Physical Planning Guidelines and Standards are intended to guide the preparation and
implementation of physical development plans, with the basic aim of ensuring orderly, coordinated
and efficient development. This Guideline consolidates existing standards relating to social,
economic and physical infrastructure provision from various sectors into one document for ease of
implementation and enforcement and includes provisions for specific development processes and
the application of the standards. It includes standards and guidelines for residential, commercial
and industrial developments and associated infrastructure requirements.
NATIONAL POLICY FOR OLDER PERSONS, 2009

It recognises that all older persons are equal before the law, and are entitled to equal treatment and
benefits from the laws. Older persons should be provided with opportunities to take appropriate
decisions on matters affecting their lives and families.
ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES FOR THE ENREGY SECTOR, 2004

The National Environment Management Authority (NEMA) developed EIA Guidelines (1997) for the
purpose of guiding development actions that are likely to impact on the Ugandas environment. The
Guidelines list energy projects among those that should be subjected to an EIA before being granted
approval for implementation. These 1997-guidelines, however, are not specific to energy
development projects but target all development actions that are likely to have significant adverse
impacts on the environment. In light of this, EIA sectoral guidelines have been developed specifically
for energy development projects and for the energy sector in general.
108
The 2004-Guidelines include sections on compensation for loss of assets, as well resettlement. With
regard to the latter, the Guidelines state that it is Governments policy goal to improve living
standards and earning capacities of displaced persons. It further recognises the importance of
ensuring that displaced people benefit from the displacing project; that resettlement takes place
according to a timetable that makes sufficient time allowances for the development of resettlement
infrastructure; lost incomes are restored, and that sufficient financial resources are made available
in order to afford resettlement.
With regard to compensation (with reference to cash payments for affected assets), it should be
sufficient to purchase replacement assets so that displaced persons are not worse off, economically
and socially, than before displacement. It acknowledges the constraints of monetary compensation
and recognises the rights of secondary affected persons (e.g. tenants, squatters) to compensation
and thus provides for the development of a comprehensive baseline to identify all affected persons.
Asset recording must take cognisance of all affected privately-owned, community and public assets.
While reference is made to a cut-off period, no further details are provided about its procedure.
With regard to a census, this must precede the compensation and relocation process, and should
identify all affected persons and their means of livelihood, as well as vulnerable categories.
The Guidelines include a basic framework for a Compensation or Resettlement Plan including the
provision for consultations with dis-placed persons, a grievance mechanism and resettlement
monitoring and evaluation.
THE NATIONAL ENVIRONMENT (WETLANDS, RIVER BANK AND LAKE SHORES MANAGEMENT)
REGULATIONS, NO. 3 OF 2000
Wetlands are areas permanently or seasonally flooded by water where plants and animals have
become adapted, and include swamps, mambos, areas of marsh, peatland, mountain bogs, banks of
rivers, vegetation, areas of impeded drainage, or blackish salt.
Government and local government are vested with the powers to hold in trust for the people and
protect wetlands for the common good of the citizens of Uganda. Government and local
governments are prohibited from leasing out or otherwise alienating any wetland. However, any
person can apply for a permit from the Executive Director of the Authority to carry on an
exploitative activity which is of a commercial or trade nature in a wetland. A permit granted under
the Regulations is only assignable with the consent of the Executive Director of the Authority.
A riverbank refers to the rising ground, not more than 100m long, bordering or adjacent to a river in
the form of rock, mud gravel or sand, and in cases of flood plains includes the point where the water
surface touches the land, that land not being the bed of the river. Lake shore means the land not
more than 100 metres adjacent to or bordering a lake.
Like wetlands and forest reserves, riverbanks and lake shores are also held by Government or a local
government in trust for the people for the common good of the citizens of Uganda. As such,
Government or local governments cannot lease out or otherwise alienate any riverbank or
lakeshore. In order to carry out activities in, under, or over the riverbanks or lakeshore which is
likely to have adverse effects on the environment, a permit must be obtained from the Executive
Director of the Authority.
Developers with an intention to conduct a project which may have a significant impact on a wetland,
riverbank, or lakeshore, are required to carry out an environmental impact assessment and also
annual audits and monitoring on such activities.
109
ANNEX 3 VALUATION METHODS
There are five conventional valuation methods which are used in Uganda to determine the market
value of the asset to be compensated. These are described in Annex 3.
Table 7: Valuation Methods
Method Description
The asset to be valued is compared to an asset that is similar in its
physical properties or attributes and its legal status. The basis for
Comparison method comparison is same for same and is subject to allowances for
situational variables. This is the most commonly used valuation method.
This method is sometimes referred to as the Replacement Method. The

basis for the valuation is the cost of replacing the affected asset. The
Contractors method method is normally applied to assets that are not readily available on
the market such as places of worship.
The assessment for this method rests on the understanding that the
capital value of an interest in landed property is directly related to the
income or annual value derived from the land including any
Investment method improvements. The valuation process involves estimating the future net
income that would have been yielded from the land and discounting it
at an appropriate interest rate.
This method of valuation considers the trade of an enterprise and its

actual or estimated profits. A number of years of trading results (e.g.
financial statements) are considered in order to determine a fair
average and to allow for any fluctuations in trade. With gross income
Profit method
(turnover) as the basis for valuation, a deduction is made for reasonable
overheads and working expenses to arrive at the net value of the
enterprise.
This method is used in the valuation of development properties. The

method calculates the surplus value after meeting all costs of
developments including the cost of finance, and allowing for profits. This
Residual method could be undeveloped land which is to be developed, or land with
existing buildings which are to be refurbished or torn down and
redeveloped.
110
ANNEX 4A COMPENSATION RATES MATRICES
This Annex includes a comparative table between compensation rates matrices from Buliisa District,
between 2010 and 2014. District Land Boards (DLBs) are mandate by law to compile and maintain
a list of rates of compensation payable in respect of crops, buildings of a non-permanent nature and
any other thing that may be prescribed. The procedure followed in the compilation of the district
rates is not supported by any legislation or regulation and the default approach to establishing rates
is pragmatic, which brings the validity of rates into question.
The DLBs face various constraint including human resources with specialised technical competence.
The development of rates is a specialised field that requires knowledge of the subject matter,
ranging from understanding the principles of valuation to technical knowledge in the fields of
agronomy and engineering.
Consultations with district staff revealed a general process for compiling compensation rates. The
process is illustrated in the figure below.
The technical team of the district meets annually to determine the rates for the various
items and compiles this into a list. The list is then forwarded to the DLB for consideration
and approval. The format of the rates lists is not the same for every district although there
are broad similarities.
Following the endorsement by the DLB, the list is sent to the office of the CGV under a cover
note requesting the CGVs approval.
District Rates Approval Process
The compensation committee in the office of the CGV is constituted when necessary to
review and approve district rates lists. The committee is mostly convened in the second half
111
of the year, following the beginning of the fiscal year. The result of this review is often an
adjustment of rates by the committee, which is then returned to the DLB for correction and
adoption.
The list is then resubmitted for the CGVs final approval (official stamp) and control, and
published at the district for operational use.
District staff across the board mentioned the delays in the approval of rates by the CGV. The CGV
mentioned that rates are to be submitted before the start of the new financial year (1 July), which is
often not the case. The limited capacity both at the district and in the office of the CGV will have
contributed to the delayed submission and approval of district rates. In addition, the review of rates
by the districts is also driven by project needs. Consequently, Masindi District, though the most
established in the Project area, has not had their rates reviewed by the technical team for seven
years. Consultations with government agencies such as UNRA and UETCL revealed that the issue of
outdated rates is not unique to the observed Districts. The status of district rates lists is presented in
the following table.
July 2015: Status of District Rates in the upper Lake Albert Region
District Last Approved DCR Remarks

Buliisa 2013/2014 Submitted 2014/15 to CGV
Hoima 2013/2014 Submitted 2014/15 to CGV
Masindi 2012/2013 Submitted 2014/15 to CGV
Nebbi 2012/2013 Submitted 2014/15 to CGV
Nwoya Never Use Nebbi District rates
The basis for the calculation of the current compensation rates by the DLBs is poorly documented.
There is insufficient evidence that district rates are based on robust investigations into farm gate
prices for produce and local contractor prices for construction and building material. Furthermore,
income losses are not adequately incorporated in perennial crop rates, and items such as reburial
sites do not make adequate provision for ceremonial rites. In the absence of supporting evidence
the current rates cannot be defended as reasonable.
There are some key challenges for this project as pertains to the calculation of compensation rates:
1) There is no functional land market in the proposed project area. It is anticipated that
valuations will have to involve combining several of valuation methodologies to reach a fair
and acceptable value for affected persons land and other assets.
2) Many affected persons have previously voiced dissatisfaction with the crop
compensations48.
3) The local district governments face challenges in developing rates as a result of limited
capacity and resources49.
It is imperative for good stakeholder relations and in the interest of fair and just compensation that
the basis for asset valuations is reviewed. A formal study of applicable rates must be commissioned
48
This was discussed at great length during stakeholder engagement meetings with local government representatives in
Hoima and Buliisa districts.
49
This was one of the challenges that was brought up in interviews with district representatives. As in many districts in
Uganda, many technical positions in the two district local governments are not filled. Representatives from both district
local governments were receptive of having technical support from central government (e.g. MLHUD, MAAIF) in
determining rates.
112
in order to support the office of the CGV as well as the DLBs in updating their rates tables. The study
must establish a defensible baseline for district rates which should form the basis for future
negotiations with PAPs50. In order to find support for this initiative, an inter-ministerial advisory
committee should be established to provide support to the proposed Asset Valuation study and
ratify the study findings and recommendations. The role of MAAIF is crucial during this study as a
precursor for detailed farm asset surveys when Resettlement Action Plans (RAPs) are being
developed. This study will also alleviate pressure on the office of the CGV in that it would reduce the
burden of verifying every valuation report. In addition, non-cash compensation options must be
offered in all future land acquisition and compensation plans. The provision for non-cash
compensation options must be aimed at livelihood restoration and the improvement of standards of
living.
It is critical that the valuations conducted during the asset valuation study are grounded in sound
methodological approaches and are acceptable to communities, central government stakeholders
(CGV, MLHUD and PEPD) as well as the Partners. At the appropriate time, valuation methods and
base rates must be disclosed to PAPs and the respective government stakeholders for their approval
and adoption.
50
PAPs are presently excluded from the most significant opportunity to participate in the restoration and improvement
of their situation post resettlement through the determination of their compensation packages.
113
Example of District Compensation Rates: Buliisa Matrix (2010 to 2014)
NO ITEM DESCRIPTION BULIISA DISTRICT

2010-2011 2011/2012-2013 2013/2014
Rate Per Rate per Rate Per Rate per Rate Per
Rate per Rate per Rate per Rate per Plant
per running Plant / per per running Plant / per per running
Acre Acre Acre / per Unit
SQM meter Unit SQM meter Unit SQM meter
1 Banana stem mature 6,000 2,000 6,000 10,000
2 Banana very good and mature
Banana average maintained and
3
mature
Banana poorly maintained and
4
mature
5 Bananas young and good
Bananas young and poorly
6
maintained
7 Bananas young suckers
8 Bananas sucker medium
9 Banana stems young 1,300 1,300 1,300 2,000
10 Sweet bananas mature and good
11 Sweet bananas mature and average
12 Sweet bananas mature and poor
13 Sweet bananas young and good
14 Sweet bananas young and poor
Coffee Robusta/ Clonal mature and
15 3,000,000 8,000
yielding
Coffee Robusta/ Clonal mature and
16 1,500,000 4,000 1,500,000 6,000
good
Coffee Robusta non clonal mature
17
and average maintained
Coffee robusta clonal mature and
18
average
Robusta clonal coffee mature and
19
poorly maintained
Robusta clonal coffee young annd
20
poorly maintained
Robusta clonal coffee young and well
21
maintained
114

2010-2011 2011/2012-2013 2013/2014
Non clonal robusta coffee young and
22
wellmaintained
Non clonal robusta coffee young and
23
poorly maintained
Coffee robusta non clonal young
24
and average maintained
Arabica coffee mature and well
25
maintained
26 Arabica coffee mature and average
27 Arabica coffee mature and poor
Arabica coffee young and well
28
maintained
29 Arabica coffee young and poor
Mature non clonal robusta poorly
30
maintained
31 Mango mature and yielding 80,000 80,000 80,000 200,000
Mango improved mature and
32
yeilding ( average)
Mango exotic mature and non
33
yeilding ( average )
34 Mango mature and non yielding 30,000 1,000 50,000
35 Mango average 100,000
36 Mango young 20,000 20,000 50,000
37 Mango seedling grafted
38 Mangoes grafted mature
39 Mangoes grafted medium
40 Mangoes grafted young
41 Mango seedling 2,000 6,000
42 Mango seedlings local
43 Sugar cane mature 1,000,000 10,000 1,000,000 10,000 1,200,000 10,000
44 Sugar cane medium
45 Sugar cane immature 500,000 5,000 600,000 5,000
46 Paw paw mature local yielding 25,000
115

2010-2011 2011/2012-2013 2013/2014
47 Paw paw local medium
48 Paw paw young
49 Pawpaw mature exotic and yielding 10,000
50 Paw paw immature 10,000
51 Pawpaw seedling local
52 Pawpaw exotic medium
53 Pawpaw exotic young
Pawpaw seedling exotic well
54
maintained
55 Beans mature( if not harvested) 400,000 3,000 800 800,000 1,000
56 Beans young 300,000 1,500 400 400,000 500
57 Soya beans mature( if not harvested) 400,000 3,500 1,200 400,000 800
58 Soya beans young 250,000 1,700 800 400,000 500
Ground nuts mature(if not
59 1,000,000 4,000 500 1,200,000 1,000
harvested)
60 Ground nuts young 400,000 2,000 200 800,000 800
61 Sorghum young 100,000 700 300 200,000 500
62 Sorghum mature (if not harvested) 300,000 1,500 500 400,000 1,000
63 Maize mature 300,000 800 200 700,000 700
64 Maize young 150,000 400 200 400,000 300
65 Maize just planted not germinated Not considered
66 Cassava mature( if not harvested) 600,000 2,600 2,500 2,000,000 5,000 2,500
67 Cassava average 1,500,000 2,500 1,250
68 Cassava Young 400,000 1,600 1,500 800,000 1,250 650
Cassava mature and good
69
(improved)
70 Cassava young and good (improved)
71 Cassava stem just planted 650 Not considered
72 Cow peas mature 400,000 2,000 600 700,000 1,000
73 Cow peas young 300,000 1,000 800 400,000 500
74 Simsim mature 500,000 3,000 800,000 800
75 Simsim young 250,000 1,500 400,000 400
76 Finger millet mature 400,000 4,000 600,000 600
116

2010-2011 2011/2012-2013 2013/2014
77 Finger millet young 300,000 2,000 500,000 400
78 Tomatoes mature 1,000,000 4,000 1,200,000 5,000
79 Tomatoes young 500,000 1,500 600,000 3,000
80 Tomatoes seedlings
81 Eggplants mature 400,000 6,000 1,500 600,000 2,500
82 Eggplants young 300,000 2,000 500 350,000 1,000
83 Eggplant seedling well maintained
84 Orange mature not grafted 50,000 200,000
85 Oranges medium not grafted
86 Orange young not grafted 20,000 100,000
87 Orange mature grafted 80,000 80,000 300,000
88 Orange medium grafted
89 Orange young grafted 60,000 100,000
90 Orange seedling grafted 4,500 5,000
91 Orange seedling not grafted 500 2,000
92 Passion fruit mature and exotic 80,000 110,000
93 Passion fruit mature and local 30,000 50,000
94 Passionfruit medium and exotic
95 Passion fruit local medium
96 Passion fruits young and exotic 50,000 30,000 50,000
97 Passion fruits young and local 50,000 10,000 30,000
Local passion fruit well maintained
98
seedling
99 Passion fruit exotic seedling
100 Sisal Mature 500 2,000 5,000
101 Sisal younger 250 1,000 2,000
102 Pumpkins young 5,000 7,000 8,000
103 Pumpkins mature 10,000 15,000 20,000
104 Gourds mature
105 Gourds young
106 Solanum Ntula mature 1,000 2,000 3,000
107 Solanum Ntula young 500 1,000 1,500
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2010-2011 2011/2012-2013 2013/2014
108 Climbing beans(amajelero)mature 1,000 3,000
109 Climbing beans(amajelero)young 500 500 1,500
110 Amarathus ododo 2,500
111 Amarathus ododo mature 2,000 3,000
112 Amarathus ododo young 1,000 1,500
113 Lemon mature (endimo) 35,000 70,000 100,000
114 Lemon medium
115 lemon young (endimo) 20,000 30,000 20,000
116 Lemon local seedling
117 Lemon grafted mature
118 Lemon grafted medium
119 Lemon grafted young
120 Lemon grafted seedling
121 Rice mature 1,000,000 2,000 1,000,000 4,000 1,500,000 5,000
122 Rice young 500,000 1,500 500,000 2,000 800,000 4,000
123 Hedge cupresus 2,000
124 Hedges, Kiap & Cypress 2,500 4,000
125 Hedges local 1,500 2,000 3,000
126 Sun flower mature 2,000,000 2,400 600 500,000 4,000 600 700,000 4,500 1,000
127 Sun flower young 150,000 1,200 300 250,000 2,000 250 350,000 3,000 500
128 Sukuma Wiki mature 1,400 350 1,000 400 2,000 600
129 Sukuma Wiki young 1,000 500
130 Cotton mature 400,000 2,000 1,000 600,000 200 100 800,000 300
131 Cotton young 1,000 600 300,000 100 50 400,000 150
132 Irish Potato young 600,000 1,000 800,000 2,500
133 Irish Potatoes Average 400,000 2,000 1,000,000 1,500
134 Irish Potatoes mature 1,600,000 5,000
135 Cabbages mature 600,000 4,000 1,000 7,000,000 300 800,000 1,000
136 Cabbages young 300,000 2,000 500 350,000 100 500,000 500
137 Cabbage seedling well maintained
138 Tobacco mature 2,000 500 5,000 1,000 4,000 700
139 Tobacco young 1,000 200 3,000 500 2,000 400
118

2010-2011 2011/2012-2013 2013/2014
140 Tobacco seedling 2,500 3,000 1,000
141 Guava mature 10,000 20,000 200,000
142 Guava medium
143 Guava young 8,000 10,000 120,000
144 Guava seedling exotic
145 Guava seedling 5,000
146 Guava mature grafted
147 Guava medium grafted
148 Guava young grafted
149 Avocado local mature yielding 40,000 80,000 200,000
150 Avocado local,mature not yielding 30,000 40,000 100,000
151 Avocado local seedling 1,000 1,000 1,000
152 Seedling grafted 3,000 5,000 5,000
Avocado seedling grafted and
153
yielding
Avocado young,well maintained and
154 3,000 15,000 30,000
grafted
155 Avocado mature and grafted 60,000 120,000 200,000
156 Avocado local medium
157 Avocad0 local young
158 Avocado grafted medium
159 Field peas mature 30,000 1,000 500 500,000 1,000
160 Field peas young 150,000 200 250,000 500
161 West nut climbing ground nuts 8,000 8,000 20,000
162 Climbing nuts young
163 Climbings nuts seedlings
164 Neem tree mature 30,000 40,000 60,000
165 Neem tree young 20,000 10,000 30,000
166 Neem tree seedling
167 Moringa tree mature 50,000 50,000 60,000
168 Moringa tree young 20,000 30,000 30,000
169 Aloe vera mature 500,000 12,000 3,000 1,000,000 10,000 5,000 1,200,000 12,000 5,000
119

2010-2011 2011/2012-2013 2013/2014
170 Aloe vera young 500,000 5,000 2,500 600,000 6,000 4,000
171 Sweet potatoes mature 300,000 2,000 1,000 600,000 3,000 700,000 4,000
172 Sweet potatoes young 150,000 1,000 500 300,000 1,500 400,000 2,000
173 Sweet potatoes just planted Not considered Not considered
174 Reeds local 2,000 2,000 3,000 3,000
175 Emikukuru 1,500 6,000
176 Watermelon mature 30,000 30,000
177 Watermelon average 30,000
178 Watermelon young
179 Palm oil mature 10,000 35,000
180 Palm oilyoung 4,000 20,000
181 Eucalyptus mature
182 Eucalyptus telephone size 20,000
183 Eucalyptus Canoe
184 Eucalyptus seedling 300 1,000
185 Eucalyptus Small poles 3,000 4,000
186 Building poles 7,500 6,000
187 UEB polesize 50,000 80,000
188 Timber size 100,000 100,000
Muvule tree mature timber size
189 80,000 150,000 200,000
(canoe type)
190 Muvule medium size 120,000 100,000
191 Muvule young 10,000 35,000
192 Muvule seedling 1,000 1,500
193 Cyprus mature tree timber size 10,000 100,000 170,000
194 Cyprus medium tree 50,000 120,000
195 Cyprus seedling well maintained 500 1,000
196 Cyprus young tree 10,000 20,000
197 Pine mature tree timber size 30,000 70,000 200,000
198 Pine medium tree 10,000 30,000 150,000
199 pine young tree 10,000 30,000
200 Pine seedling well maintained 500 2,000
120

2010-2011 2011/2012-2013 2013/2014
201 Musizi mature tree timber size 30,000 80,000 400,000
202 Musizi medium size 10,000 40,000 150,000
203 Musizi young 5,000 10,000 30,000
204 Musizi seedling well maintained 200 5,000 1,500
205 Acacia tree mature 2,000 10,000 2,000 14,000
206 Acacia tree young 1,000 6,000 1,000 2,000 5,000
207 Acacia tree just planted 1,000 1,500
208 Bush tree mature 1,000 10,000 1,000 3,000
209 Bush trees mature&timber size 50,000
210 Bush tree medium size 20,000
211 Bush trees young 600 30,000 600 1,500 5,000
212 Musambya tree big/mature - 5,000 5,000 20,000 20,000
213 Musambya medium
214 Musambya tree building size 5,000 5,000 5,000 5,000
215 Musambya tree small building size
216 Musambya tree young 2,000/= 2,000 3,000 4,000
217 Musambya seedling well maintained
218 Onion mature (Exotic) 1,200,000/= 200,000/= 1,250,000 10,000 1,500,000 12,000
219 Onion young (Exotic) 800,000/= 100,000/= 800,000 7,000 100,000 3,000
220 Onion local mature
221 Onion young local
222 Onion seedling well maintained 10,000 3,000 5,000
223 Ficus bark cloth mature 30,000 30,000 40,000 50,000
224 Ficus bark cloth medium 15,000 15,000 20,000 30,000
225 Ficus bark cloth young 5,000 10,000 15,000
Ficus bark cloth sprouting cutting
226 500 1,500 2,000
stump
227 Okra mature 10,000 3,000 5,000
228 Okra young 500 1,500 2,500
229 Loofra Kyangwe mature 500 1,500 2,000
230 Loofra Kyangwe young 250 800 1,000
121

2010-2011 2011/2012-2013 2013/2014
Loofra Kyangwe seedling well
231 150 400 300
maintained
232 Cocoa yams mature 200,000 200,000 300,000 300 400,000 500
233 Cocoa yams mature and poor
234 Cocoa yams young 100,000 100,000 150,000 150 200,000 500
235 Yams mature and good
236 Yams mature and poor
237 Yams young and good
238 Ordinary yam mature and good
239 Ordinary yam mature and poor
240 Ordinary yam young and good
241 Gourd mature 500 500 2,000 3,000
242 Gourd young 500 500 1,000 1,000
243 Castor oil mature 100 100 1,000 2,000
244 Castor oil young 50 50 200 1,000
245 Turmeric binzali mature 200 200 500 700
246 Turmeric binzali young 200 250 350
247 Ginger tangahuzi mature 150 300 500
248 Ginger tangahuzi young 150 250
249 Climbing beans amajelero 400 800 1,200
250 Bambara nuts ( mpande ) 2,500 2,000 3,000 1,000
251 Yams (Barugu) mature 2,500 7,000
252 Yams ( young) 2,000 3,000
253 Tangerines(maganda)mature 40,000 60,000
254 Tangerine young 40,000
255 Tangerines(maganda)medium 30,000
256 Tangerine seedlings grafted 2,000
257 Tangerines seedling 1,000 2,000
258 Tangerines grafted mature
259 Tangerines grafted medium
260 Tangerines grafted young
261 Lime mature 35,000 80,000
122

2010-2011 2011/2012-2013 2013/2014
262 Lime medium 20,000 50,000
263 Lime young 8,000 5,000 20,000
264 lime seedling well maintained 30,000 5,000
265 Lime grafted mature
266 Lime grafted medium
267 Lime grafted young
268 Lime grafted seedlings
269 Obugora(Nakati)
270 Grape fruit ( Secunguwa) mature 30,000 60,000
271 Grape fruit(Secungwa)average
272 Grape fruit grafted ( mature) 60,000
273 Grape fruit young 10,000 20,000
274 Grape seedling 1,000 5,000 1,000
275 Grape fruit grafted medium
276 Grape fruit grafted young
277 Grape fruit seedling
278 Cocoa mature 30,000 80,000
279 Cocoa medium
280 Cocoa young 8,000 40,000
281 Cocoa seedling 300 5,000 2,000
282 Bamboos per piece mature 7,000 3,000
283 Pigeon Peas mature 300,000 700 400,000 1,000
284 Pigeon Peas young 150,000 350 300,000 1,000
285 Candle nut(kabakajangala) 5,000 30,000
286 Candle nut young 5,000 10,000
287 Seedling candle nut 500 1,000
288 Mulberry plant 100 15,000
Mulberry young but sprouted and
289 20,000 5,000
grown
290 Rubber Mature 10,000 30,000 40,000
291 Rubber young 5,000 10,000 15,000
292 Rubber well maintained seedling 1,000 4,000 4,000
123

2010-2011 2011/2012-2013 2013/2014
293 Cashew nuts mature 20,000 30,000 50,000
294 Cashew nuts young 10,000 15,000 20,000
295 Cashew nuts seedlings 500 3,000 4,000 1,000
West nut climbing ground nuts
296 8,000 10,000 15,000
mature
297 Climbing ground nuts young 4,000 5,000 10,000
298 Calliandra mature 10,000 15,000 20,000
299 Calliandra young 5,000 5,000 9,000
300 Leucena mature 10,000 20,000 25,000
301 Leucena young 50,000 10,000 15,000
302 Lira tree mature 2,000 5,000 7,000
303 Lira tree young 1,000 2,500 3,000
304 Elephant grass 2,000 3,000 4,000
305 Herbs mature plant 80,000 3,000 4,000
306 Herbs young plant 1,000 2,000
Pineapple improved variety and
307 1,000 2,000
mature
Pineapple improved variety and
308 500 1,200
young
309 Pineapple local variety and mature 700 700
310 Pineapple local variety and young 500
311 Pineapple suckers just planted
312 Pineapple suckers
313 Jack fruit mature and yielding 120,000
314 Jack fruit mature and not yielding 60,000
315 Jack fruit local medium
316 Jack fruit young 40,000
317 Jack fruit seedling 2,000
318 Jack fruit seedling well maintained
319 Jackfruit exotic mature and yielding
320 Jack fruit exotic average
321 Jack fruit exotic young
322 Muwafu tree mature
124

2010-2011 2011/2012-2013 2013/2014
323 Muwafu tree medium
324 Muwafu tree young
325 Muwafu tree seedling
326 Mukooge tree mature
327 Mukooge tree medium
328 Mukooge tree young
329 Mukooge tree seedling
330 Jambura mature
331 Jambura medium
332 Jambura small tree
333 Jambura seedling
334 Mahogany mature tree timber size
335 Mahogany medium tree
336 Mahogany young
337 Mahogany seedling
338 Caddle nut(Kabakanjagala)mature
339 Caddle nut young
340 Caddle nut seedling
341 Gram mature
342 Gram immature
343 Bulrush millet mature
344 Bulrush millet immature
345 Shea nut tree mature (Yao)
346 Shea nut tree medium
347 Shea nut tree small
348 Shea nut tree seedlings
349 Tea clonal mature
350 Tea clonal young
351 Tea clonal seedling
352 Tea ordinary mature
353 Tea ordinary young
354 Tea ordinary seedling
125

2010-2011 2011/2012-2013 2013/2014
355 Palm tree Ornamental
356 Palm tree Timber
357 Palm tree Oil
358 Palm tree Fencing
Fish pond averagely maintained and
359 15,000 50,000
stocked
Fish pond averagely maintained and
360 15,000 30,000
un stocked
Fish pond stocked with fish enclosed
361
in cages
To be valued
Fish pond averagely maintained and by Chief
362
stocked Government
Fish pond well maintained and Valuer
363
stocked
New fish pond well contructed but
364
pending stocking
365 Fishpond unstocked with fish cages
Poorly maintained fish pond
366 2,000
unstocked
Buildings, Tins/ Ddebes roofing ,mud
367 15,000 20,000 35,000
and wattle wall bare floor
Grass thatched roof, mud blocks,
368 15,000 30,000 55,000
cement screed floor
Grass thatched roof, mud blocks
369 15,000 20,000 40,000
walls bare floor
370 Granaries big size 30,000 30,000 35,000
371 Granaries medium size 15,000 20,000 25,000
372 Granaries small size 10,000 10,000 15,000
373 Modern bee hives Langstroth 30,000 To be relocated if possible 100,000 To be relocated if possible 120,000
374 TTB & KTB bee hives 85,000
126

2010-2011 2011/2012-2013 2013/2014
375 Johnson ?? 50,000
376 Local bee hives 25,000 To be relocated if possible 80,000 To be relocated if possible 85,000
377 Modern bee hives (Un colonised)
378 Local bee hives (Un colonised)
379 Pit latrine with poles cover 4,000 7,000
380 Graves bare ground 60,000 150,000

Graves finished with cement
381 200,000 350,000
construction on top
Graves finished with cement and
382 500,000 700,000
marbled
383 Bath enclosures grass thatched 5,000 20,000
384 Bath enclosures with G.C.I sheets 20,000 50,000
385 Bath enclosures with tins/Ddebes 15,000 30,000
386 Live fence 5,000 10,000
387 Bath with poles and reeds
Other building structure
388 30,000
G.C.I roof and walls bare floor
G.C.I roof and walls cement screed
389 30,000 120,000
floor
Tins/Ddebe roofing,mud&wattle
390
walls,Bare floor
Tins/Odebes walls and roof, bare
391 10,000 30,000
floor
Tins/Ddebes walls and roof, cement
392 20,000 45,000
floor
393 Cup/plate, racks, reed and canes 6,000 20,000
394 Cup/plate, racks Ddebes/G.C.I
395 Sand(per cubic metre)
127

2010-2011 2011/2012-2013 2013/2014
396 Murrum(per cubic metre)
397 Ddebes/G.C.I 8,000 35,000
398 Coffee drying tray 10,000 50,000
Grass thatched roof,walls of mud
399 40,000
blocks,cement screed floor
Grass thatched kitchen house
400 10,000 400,000
supported on poles
401 G.C.I sheet roofed 20,000 600,000
Cattle crush on treated fencing posts
402
and railings
403 Cattle crush on local poles 3,000 12,000 20,000
Cattle enclosures on treated poles

404 4,000
with 4 strands of barbed wire
Cattle enclosures on treated poles
405 10,000 12,000
Cattle enclosures on untreated poles
406 2,000 6,000 15,000
407 Live hedges ( Kraal) 5,000 8,000 10,000
Goats shed ,grass thatched,roof
408 5,000 12,000 50,000
supported on poles
409 Cattle dip(large)
410 Cattle dip(medium)
411 Cattle dip(small)
412 Cattle shed(cement+iron roofed)
Cattle shed(bare floor+grass

413
thatched))
Calf house on local poles and grass
414 10,000 12,000 30,000
thatched
128

2010-2011 2011/2012-2013 2013/2014
Calf house with timber railings and
415 20,000 15,000 50,000
iron sheets
Calf pen(cemented+iron
416
sheets+brick walls)
Calf pen(local materials/semi

417
permanent)
418 Night boma on local poles 2,500 3,500 20,000
419 Night boma on treated poles 5,000 8,000 30,000
Chicken house mud and wattle,grass

420 10,000 10,000 20,000
thatched
421 Tobacco barn,Air cured 10,000 12,000 Valier's role
422 Tobacco barn,fire cured 10,000 Valier's role
423 Tobacco barn grass around
424 Tobacco barn mudded
425 Poles and reeds
426 Valley tank
129
ANNEX 4B VALUATION CHALLENGES FOR RESETTLEMENT
Some of the risks associated with the valuation and assessment of project affected assets are due to
the lack of elaborate policies and guiding principles. The legal provisions in the Constitution and
other statutes are not detailed enough to provide sufficient information on valuation for
compensation. There are no national valuation standards, and the guiding principles and procedures
adopted by the office of CGV are not firmly established. Statutory rates determined by district land
boards are infrequently updated and the process of review is not firmly adhered to. Certain rates,
including those for economic fruit trees, graves and shrines, do not reflect the full cost of
replacement, and appear to be inadequate for compensation of losses. Furthermore, there is
limited capacity among private Valuers to cope with the demand for valuation services. Junior
Valuers with insufficient qualifications and experience have increased the risk of valuation work in
Uganda. Additionally, there is no functional land market in the proposed project area. It is,
therefore, anticipated that valuations for this Projects will have to involve a combination of several
methodologies in order to reach a fair and acceptable value for affected persons land and assets.
The focus of acquiring access to land by the Partners has thus far been on compensation for lost
assets on the land and deprivation of use of the land. In the absence of a Compensation Framework
(a document that describes the objectives and principles for compensation51 as well as the methods
for delivering compensation), assets were exclusively compensated in cash and no alternatives were
offered to PAPs. In respect of temporary land take for camps and well pads (with a duration ranging
from 6 months to 3 years) the impact of deprivation of use over one or more planting seasons and
the attendant impact on the livelihood of such affected persons52 were taken into consideration by
the registered Valuer. On the other hand, short-term impacts caused by seismic surveys were only
estimated based on the value of standing crops excluding crops that could be harvested before the
disturbance. Tree crops were generally avoided, but immature trees were compensated in cash if
avoidance was not possible. In many instances, the actual duration of the disturbance spanned
across one or more seasons and payments have often been severely delayed with the result that
livelihood impacts, including food insecurity, were not actively managed.
Compensation was paid according to CGV-approved asset valuations. Due to the manner in which
valuations were computed and approved, PAPs have not been able to negotiate a better outcome.
The result has been a significant number of grievances from PAPs and, at times, tension between
DLB and the office of the CGV53. The grievance mechanism has thus become a substitute for a
negotiated compensation package. The dissatisfaction with compensation rates can be attributed to
a number of factors:
a. Lack of transparency about compensation rates

Comments made by CSO representatives during consultations indicated that valuation
methods are often not disclosed to the local population. The lack of transparency around
the method of calculation of these values raises suspicion about the quoted compensation
rates in their compensation certificates.
51
Compensation is defined by the IFC (Handbook) as payment in cash or in kind for an asset or a resource that is acquired
or affected by a project at the time the asset needs to be replaced.
52
Quoted from a Valuation Report prepared by Survesis for the Omuka Drill Pad (dated January 2014).
53
District officials resorted to disclosing compensation rates to affected people prior to submission to the CGV to avoid
accusations of reducing rates to unacceptable levels. It appears that disclosure was otherwise not the norm.
130
b. Outdated district rates in the calculation of compensation rates

The suspicion brought about by the lack of transparency around valuation methods is
compounded by the use of outdated rates. An official at the DLB in Hoima explained that
the most recent crop rates are for the financial year 1 July 2012- 30 June 2013.
Assessments for the 2013/14 rates were concluded in early 2014 but have not yet been
ratified. Hoima District has therefore been using the Kiboga District rates. In Buliisa, the
rates for the 2013/14 have been finalised but not been distributed by the DLB. As a result,
the 2012/13 rates have thus far been applied.
c. Insufficient technical backstopping during district compensation rates determination

Consultation with officials at the MAAIF revealed that the ministry is not directly consulted
on the calculation or review of crop rates. The actual survey of farm gate prices is
supervised by the District Production Officer (DPO) who submits his findings from the
various sub-counties to the District Land Valuer (DLV) for submission to the technical
planning committee of the DLB. This committee has not convened this year for lack of
funds to pay meeting fees54.
d. Valuation principles
Valuations calculated for displaced persons assets are often low (many interviewees
conceded to this perception) and as a result a 30% disturbance fee55 (determined in law) is
added apparently as a top-up or adjustment for the low rates. It appears, therefore, that
the rates inclusive of the 30% disturbance fee should have been the actual base rate (true
value) for the affected asset; however, low base rates are now accepted by Valuers as
reflecting the intrinsic value of the asset on the basis that there is an unqualified top-up
added to the rate to breach the gap.
e. Capacity of the Office of the Chief Government Valuer (CGV)

Land acquisition and resettlement, and more specifically compensation for lost assets, is
often delayed as a result of the requirement for validation of rates by the CGV. The delay is
mainly due to the limited number of staff and equipment in this office that are trained and
able to handle the large number of development projects across the country. Delays have a
direct impact on the promptness of compensation payments to affected persons.
Consultations with government agencies such as UNRA and UETCL revealed that the issue of
outdated rates is not unique to Hoima and Buliisa. In fact, UNRA and UETCL have resolved to inform
DLBs in advance of land acquisition and resettlement projects to allow them to update their rates in
time for the commencement of asset valuations. It appears in practice that DLBs turn instead to
neighbouring Districts for more recent rates tables.
The basis for the calculation of the current compensation rates by the DLBs is poorly documented.
There is insufficient evidence that district rates are based on robust investigations into farm gate
prices for produce and local contractor prices for construction and building material. In the absence
of supporting evidence, it is hard to defend the current (or any) rates; dissatisfaction is likely to
54
The DLB and DPO were interviewed in separate meetings to establish the procedure for annual rates review and the
challenges they face in executing their mandate.
55
Two top-up rates are provided for: the Land Act provides for a notice to vacate fee of 15% when a 6-month notice is
given and 30% when the notice is given less than 6 months ahead of the disturbance however, the standard disturbance
fee is calculated in practice at 30% of the valued assets regardless of the notice period. Furthermore, a diminution fee of
15% has been allowed when a temporary land lease is signed for a period of less than 3 years and 30% when the lease
period is between 3 and 5 years (quoted from Dec 2013 Workshop on Land Access Presentation).
131
escalate when larger numbers of people are affected. Furthermore, the intervention by the CGV to
normalise rates across the affected districts seems necessary because of the flaws in the practice of
establishing district rates. Neither the unsubstantiated rates nor the normalising intervention has
built confidence in the fairness of the compensation packages, and grievances around compensation
packages are likely to persist.
The objective of meaningful participation in resettlement planning is to safeguard the Partners from
designing and implementing plans that are inappropriate for the replacement and improvement of
the livelihoods and standard of living of affected people. The absence of meaningful participation in
determining the outcome of the resettlement planning process has exposed the Partners to the risks
associated with impoverishment. The risks of landlessness, homelessness (even when replacement
housing has been provided), food insecurity, loss of access to common property, and social
disarticulation are present in the Licence Area.
It is imperative for good stakeholder relations and in the interest of fair and just compensation that
the basis for asset valuations is reviewed. A formal study of applicable rates (farm gate prices for
crops and contractor prices for temporary structures) must be commissioned in order to support the
office of the CGV as well as the DLBs in updating their rates tables. The study must establish a
defensible baseline for district rates which should form the basis for future negotiations with PAPs56.
The role of MAAIF is crucial during this study as a precursor for detailed farm asset surveys when
RAPs are being developed. This study will also alleviate pressure on the office of the CGV in that it
would no longer need to verify every valuation report. In addition, non-cash compensation options
must be offered in all future land acquisition and compensation plans. The provision for non-cash
compensation options must be aimed at livelihood restoration and the improvement of standards of
living.
56
PAPs are excluded from the most significant opportunity to participate in the restoration and improvement of their
situation post resettlement by determining their compensation packages on predetermined rates established by DLBs and
validated by the CGV.
132
ANNEX 5 SUMMARY ENTITLEMENTS AND ELIGIBILITY MATRIX
Type of Loss Types of Mitigation Category of Affected Person Entitlement Eligibility
1. LOSS OF LAND
a. Permanent loss of In kind or cash compensation Titled owners on freehold Cash Where in-fill Persons must prove ownership of
land with dwellings for loss/deprivation of use land on which complete resettlement is possible on the complete immoveable housing
immoveable housing remainder of the affected structure and in land (not necessarily
57
structure is established parcel of land or the existing through title ) at the time of final
community, or where the asset surveys.
household owns land for
Registered owner or
residential use elsewhere which
claimants of customary held they choose to occupy as Persons must prove ownership of a
land on which complete primary residence, suitable house elsewhere to qualify
immoveable housing for cash compensation.
compensation in cash for
structure is established
surveyed land at agreed rates.
OR
Registered leaseholders on In kind Where in-fill
public land on which
resettlement on the remainder
complete immoveable
of the affected parcel of land or
housing structure is within existing community is
established
not possible, provision of
standardised housing plot on
planned resettlement site
Resettlers will be given the
same security of tenure as their
displaced land, but a Customary
Certificate of Ownership (CCO)
as a minimum.
57
Uganda legislation refers to and protects various interests in land that enjoy the same legal rights usually associated with titled ownership.
133
b. Permanent loss of In kind or cash compensation Titled owners on freehold In kind Package to empower Persons must prove ownership (not
agricultural (crop) land for loss/deprivation of use land farmers to find their own necessarily through title) at the time
(including orphan land) replacement agricultural land of of final asset surveys.
same size, or an amount of land
Registered owners or
with equivalent productive
claimants of customary held Persons must prove interest in
value, contingent on timely
lands payment. Land will be brought surveyed alternative land.
to same level of preparedness
Registered leaseholders on as at time of crop survey (see
public land also livelihood section below).
OR
Cash where in kind
replacement is not possible, or
where owner has access to
alternative farm land suitable
for the same agricultural
purpose compensation in cash
at agreed rates for full
replacement cost, in proportion
to the tenancy or sharecropping
agreement should there be any
Users (incl. tenants by In-kind - Where there is a Tenants and sharecroppers must
occupancy) tenant or sharecropper prove sharing arrangement
relationship, the tenant or (documented proof or land owner
sharecropper will be entitled to consent) at the time of final asset
use the replacement land on surveys.
the same basis as the current
relationship and also have
access to livelihood
programmes.
134

OR
Cash In case the owner
receives cash compensation,
where there is a tenant or
sharecropper relationship, the
tenant or sharecropper will
receive compensation in cash at
agreed rates for full
replacement cost in proportion
to their sharing arrangement.
c. Permanent loss of Cash compensation for loss of Titled owners on freehold Cash Compensation in cash of Persons must prove ownership (not
grazing land land land the value of the land at full necessarily through title) at the time
replacement cost of final asset surveys.
Registered owners or
claimants of customary held
lands
Registered leaseholders on
public land
d. Permanent loss of In kind or cash compensation Titled owners on freehold In-kind Provision of support Persons must prove ownership (not
fallow land for loss/deprivation of use land package to identify suitable necessarily through title) at the time
fallow land of final asset surveys.
Registered owners or OR
claimants of customary held Cash Compensation in cash of
lands the value of the land at full
replacement cost
public land
e. Temporary loss of Cash rental/lease payments for Titled owners on freehold Cash Cash payment based on Person must prove interest in land.
135
agricultural (crop) temporary land use land formal lease agreement

land, grazing land, determined by affected land
fallow land area.
Registered owner or
claimants of customary held Rental/lease amount based on
lands professional valuation of the
affected land for its present
use.
public land Rental/lease amount, payment
frequency and duration of lease
to be stipulated in lease
agreement.
Users (incl. tenants by Where there is a tenant or Tenants and sharecroppers must
occupancy) sharecropper relationship, the prove sharing arrangement
tenant or sharecropper will (documented proof or land owner
receive compensation in cash consent) at the time of final asset
based on the formal lease surveys.
agreement (see above) in
proportion to their sharing
arrangement.
f. Permanent Cash compensation through Titled owners on freehold Cash Once-off easement fee Person must prove interest in land.
restrictions on affected easement agreement land for the restricted use of the
Orphan land will be classified on
residential, agricultural affected land by the Project as a
merit.
(crop) and grazing land result of linear infrastructure,
Registered owner or
(including orphan land) based on an agreed easement
(typically for linear claimants of customary held fee determined by a
infrastructure) lands professional valuation of the
affected land for its present
Registered leaseholders on use.
public land Easement fee scale to be
136
determined.
g. Loss of Agricultural Improvement Farmers Improvements to land such as Person must prove interest in land.
improvements to land Package or cash compensation irrigations, ditches will be
provided on the replacement
land or included in the
calculation of cash
compensation
2. LOSS OF LIVELIHOODS
a. Crops Annual crops: no Owners of crops and trees Annual crops: Crops in place (rooted) at cut-off date
compensation unless standing on farm land and identified through final surveys.
1) Where the Project will give
crops cannot be harvested
sufficient notice (90 days) to
farmers to harvest their annual Compensation according to defined
crops no compensation will be age or size categories.
Perennial crops: cash
paid for annual crops.
compensation for standing
perennial crops. 2) Cash Where annual crops Crop owners identified through final
cannot be harvested due to a asset surveys.
Fruit and economic trees:
reduced notice period,
cash compensation for fruit
damaged crops will be
and economic trees, or Shared crop owners receive
compensated as mature crops
provision of replacement tree compensation in proportion to an
at agreed rates determined
saplings. agreed share of ownership
annually by the District Land
Board. determined at time of final asset
surveys.
137
Perennial crops:
Cash compensation at full
replacement cost at agreed
rates determined annually by
the District Land Board or based
on full replacement cost
determined by formal market
studies.
Fruit and economic trees:

Cash compensation at full
replacement cost, including the
cost of forfeited economic
benefits, for all agreed fruit and
economic trees, shrubs (e.g.
coffee) and plants (e.g. cassava)
at agreed rates determined
Board or based on full
replacement cost determined
by formal market studies.
In kind Where cash
compensation is not preferred
for fruit and economic trees,
two (2) replacement saplings
for every damaged tree of a
crop variety suitable for the
identified replacement farm
land.
No replacement fruit and
economic tree saplings will be
planted within infrastructure
corridor with land-use
restrictions.
138
Re-establishment assistance in Farmers, including For owners of annual and Farmers identified through final
kind or in cash sharecroppers perennial crops: census and asset surveys.
In kind Access to agricultural
improvement package
consisting of labour and
mechanical inputs to bring land
to same level of preparedness
and inputs for 1 year such as
improved seeds, pesticides,
training, equipment if
replacement agricultural land
has been secured.
OR
Cash Once-off land
preparation allowance based on
agreed rates determined
58
Board or formal market
studies.
Livelihood improvement Farmers, including In kind Participation in Farmers identified through final
support in kind sharecroppers livelihood improvement census and asset surveys.
programmes to increase
Participation based on a Preference
earning capacity. Details of
Survey to identify interested farmers
programme to be determined.
and sharecroppers.
58
The District Land Board rates table does not include separate costs for this item. Rates to be obtained from a relevant authority, e.g. the Department of Agriculture.
139
OR Alternative livelihood Farmers, including In kind Participation in Farmers identified through final
assistance in kind or cash sharecroppers alternative income generation census and asset surveys.
development programmes.
Participation based on a Preference
Cash entitlement for loss of Survey to identify interested farmers
agricultural land (see Land including sharecroppers.
section above) converted into
Participants in alternative
start-up capital (cash
programmes will forfeit entitlement
equivalent) based on viable
to in-kind replacement land and
Business Plan (assistance to
receive cash compensation instead.
people with review of their
proposed business plans).
b. Restricted access to In kind compensation for Fisherfolk In kind Address access Organised fisherfolk identified during
landing areas and access restrictions to fishing restrictions through baseline surveys.
associated facilities grounds consolidated and improved
alternative landing areas and
associated facilities.
140
In kind livelihood improvement Fishermen, labourers and In kind Participation in

programmes people involved in fishing livelihood improvement
related livelihood activities programmes to increase
(incl. women) earning capacity. Details of
OR Alternative livelihood Fishermen In kind Participation in Fisherfolk identified through final
assistance in kind or cash alternative income generation census and asset surveys and
programmes. Preference Survey.
OR Participants in alternative
programmes will forfeit fishing gear
Cash compensation for
and equipment.
abandoned fishing gear and
equipment converted into start-
up capital (cash equivalent)
based on viable Business Plan
for alternative income source
(assistance to people with
review of their proposed
business plans).
c. Livestock rearing In kind livelihood improvement Livestock owners and In kind - Participation in Livestock owners and herders
herders livelihood improvement identified through final census
programmes to increase surveys and Preference Survey.
Alternative livelihood Livestock owners and Cash entitlement for loss of Livestock owners identified through
assistance in kind or cash herders grazing land (see Land section final census surveys and Preference
compensation above) converted into start-up Survey.
capital (cash equivalent) based
Participants in alternative
on viable Business Plan.
programmes will forfeit entitlement
to replacement grazing land.
141
d. Loss of small Compensation for loss of net Business owners whose Cash Cash compensation for Business owners identified during
businesses income from business operations are temporary the temporary loss of income final census and business surveys.
operation during transition restricted from non-farm businesses for
Income and expenditure data
the duration of the temporary
obtained from final census and
restriction or business closure,
Business owners who are business surveys.
based on financial records of
physically and economically individual businesses. In the absence of recorded financial
displaced information, aggregate information
The project will endeavour,
based on similar businesses will
where practical, to schedule its
inform determination of monthly net
activities to minimise
income.
temporary business income
losses.
Cash In case of a person who Review of businesses that were
is physically and economically physically displaced to assess
displaced on a permanent basis, progress of re-establishment before
cash compensation for the loss end of three-month assistance.
of income from non-farm
Employees of affected business
businesses for a period of three
enterprises will be provided with
months from the date when the
separate cash compensation (see
Project takes possession of the
Business employee section below).
affected business structure.
Re-establishment of business Business owners In kind Business advice to Business owners identified through
operation assist with re-establishment of final census and business surveys.
displaced businesses.
Cash/In kind business owners
with immovable structures will
be provided with replacement
structures (see Structure
section below) or cash
compensation.
142
In kind or cash compensation Business owners In kind Transportation Business owners identified through
for cost of moving assistance for business items, final census and asset surveys.
where practical, including
loading, transportation and
unloading assistance.
OR Cash Transportation
allowance for self-arranged
transportation of business
items at an agreed all-inclusive
rate per kilometre for transport
hire and fuel.
In kind livelihood improvement Business owners and In kind Participation in Business owners and employees
employees business improvement identified through final census and
programmes to increase business surveys and confirmed by
earning capacity. Details of Preference Survey.
Alternative livelihood Business owners and In kind Participation in Business owners and employees
assistance in kind or cash employees alternative income generation identified through final census and
compensation programmes. business surveys and confirmed by
Preference Survey.
OR Cash entitlement for loss
of business structure (see Participants in alternative
Structure section below) programmes will forfeit entitlement
converted into start-up capital to replacement business structures,
(cash equivalent) based on but will receive cash compensation
viable Business Plan. for affected structures.
143
e. Employees of Compensation for loss of net Employees of affected Cash Compensation in cash of Employees confirmed during final
affected non-farm income during transition existing operating non-farm net income based on non-farm census and business surveys.
businesses businesses business records for transition
period of 6 months from the
time the Project takes
possession (if there is re-
establishment of business).
Alternative livelihood Retrenched employees of In kind Participation in Employees confirmed during final
assistance in kind affected businesses alternative income generation census and business surveys and
compensation programmes. confirmed by Preference Survey.
Physically displaced Where practical, preferential
employees of affected employment on Project based
businesses no longer able to on skills training, suitability and
continue employment due competence.
to business displacement Cash Retrenchment payment
based on labour legislation
requirement and conditions of
employment if employment
cannot be continued (see
Employees section above).
144
f. Rental income from Compensation for net loss of Landlord owners of rented Cash Compensation in cash, Proof of established rental agreement
residential and income during transition structures net equivalent to monthly identified during final census surveys.
commercial buildings rental income, for transition
period, as follows:
Where rented structure is
replaced, transition period
is equal to duration for
replacement of affected
structures from the time
the Project takes
possession of rented
structure, up to a
maximum of 6 months.
Where rented structure is
compensated in cash,
transition period is one
month from the time the
Project takes possession of
rented structure.
In kind livelihood improvement Landlord owners of rental In kind Landlord who is None
structures provided with a replacement
structure (see 3.b. below) will
have a better quality building to
attract tenants which should
result in improved returns. No
further compensation.
Landlord who chooses cash
compensation may participate
in business improvement
programmes to increase
145
g. Loss of natural In-kind livelihood assistance Resource users The Project will endeavour to Persons identified through final
resources and access find resettlement sites (if census.
to natural resources applicable) that maintain access
such as forests, to natural resources. If these
wetlands, non- resources cannot be replaced
economic trees communities will receive
additional livelihood
improvement or alternative
livelihood support
3. LOSS OF SHELTER AND STRUCTURES (IMMOVEABLE STRUCTURES IMPACTED BY PHYSICAL DISPLACEMENT)
a. Dwellings used as In kind replacement or cash in Owners who occupy In kind Replacement house of Houses completed and occupied at
primary residence certain instances affected dwellings equivalent size (measured floor cut-off date and identified through
area or number of rooms) with final asset surveys.
consideration of functional
Ownership established through final
spatial use. Choice of
asset surveys.
standardised replacement
house designs that comply with Cash option available to homeowners
building/planning standards with proven and verified alternative
and that take spatial and dwelling suitable for household
cultural function into members identified during final
consideration. House census survey; Combination of cash
constructed from durable wall and in kind package for homeowners
and floor materials and with who prefer a smaller replacement
permanent roof. Materials may house and the balance paid in cash
be salvaged at the owners for improved finishes assessed on
expense and if Project schedule case-basis.
allows this.
Cash compensation eligibility rules to
OR be further developed.
Cash Compensation at full
replacement cost (taking
replacement standard of
146
durable material and

permanent roof into
consideration) based on
professional valuation.
OR
In kind/Cash combination
Compensation for area of
dwelling not replaced based on
agreed rate per sqm for existing
materials and finishes.
Cash for non-typical/ special
finishes (floor and/or wall tiling,
fitted kitchens and bathrooms)
based on assessment of
replacement value by
registered valuer.
59
Rent allowance in cash Tenants occupying affected Cash Rent allowance Tenants with proof of rental
dwellings calculated per occupied room agreement with landlord, identified
per month for 6 months60 from through final census and asset
the date when Project takes surveys.
possession of the affected
Limited to tenants who will not able
dwelling.
to relocate into the replacement
dwelling and continue their tenancy
with existing landlord.
59
A contested provision; local practice is to give adequate notice and leave landlord to manage consequences. This as primarily an inconvenience allowance. If tenant can move into
replacement dwelling, this is no longer applicable as there will be no inconvenience, but rather (more likely) and improvement of facilities except for the risk of an increase in rental
amount.
60
The primary risk to be mitigated is that there might not be any alternative accommodation available in some of these areas. The baseline should give us a better understanding.
147
In kind or cash compensation Tenants of affected rented In kind Transportation Tenants with proof of rental
for cost of moving structures assistance for household items agreement with landlord, identified
to move tenant to new through final census and asset
premises if within 50 km of the surveys.
affected structure, including
loading, transportation and
unloading assistance
OR
Cash Transportation
allowance for self-arranged
transportation of household
items at an agreed all-inclusive
rate per kilometre for transport
hire and fuel if within 50 km of
the affected structure.
148
b. Dwellings used for Cash or in kind compensation Owner of residential Cash Compensation at full Complete houses at cut-off date,
secondary purposes for loss of structure structure replacement cost (taking identified through final asset surveys.
(rental houses, free replacement standard of
accommodation for durable material and
asset surveys.
relatives, etc.) permanent roof into
consideration) based on Where dwelling is occupied and used
professional valuation. to earn income (livelihood),
preference is for replacement house
In kind Replacement house of
with continuation of tenancy
equivalent size (measured floor
agreement to avoid displacement of
area or number of rooms) with
tenants.
consideration of functional
spatial use. Transportation assistance for tenants
is provided for under 3.a. above.
Choice of standardised
replacement house designs that
comply with building/planning
standards and that take spatial
and cultural function into
consideration.
House constructed from
durable wall and floor materials
and with permanent roof.
Materials may be salvaged at
the owners expense and if
Project schedule allows this.
149
c. Sanitation facilities In kind replacement of affected Owners of residential, In kind Provision of on-site Facilities in place and used for
facilities and provision of new commercial and other composting latrines, one per designated purpose at cut-off date
facilities for all physically buildings. affected household or per and identified through final asset
displaced persons physical planning standards. surveys.
Government agencies as Physically displaced households,
owners of communal businesses and other community
facilities buildings identified through final
census and asset surveys.
d. Non-residential In kind compensation Owner of building In kind Replacement building Complete building at cut-off date,
privately owned of equivalent size (measured identified through final asset surveys.
buildings including floor area) with consideration
commercial buildings, of functional spatial use.
asset surveys.
places of worship
Replacement design to comply
constructed with
with building/planning
permanent materials
standards.
Constructed from permanent
wall and floor materials with
permanent roof.
e. Public buildings In kind compensation Government or community In kind - Replacement structure Complete building at cut-off date,
of equivalent size (measured identified through final asset surveys.
floor area) with consideration
of functional spatial use.
asset surveys.
Replacement design to comply
with relevant building/planning
standards.
Constructed from permanent
wall and floor materials with
150
permanent roof.
f. Moveable and other Cash compensation or Owner of structures, Cash Compensation at full Ownership established through final
structures such as replacement of communal community replacement cost for affected asset surveys.
fences, livestock structures structures based on assessment
Structures in place at cut-off date and
enclosures, bridges, by registered Valuer.
identified through final asset surveys.
fish ponds, livestock
OR
water points, etc..
In kind Replacement of
communal structures, such as
livestock water points, based on
agreed location and applicable
standard or technical
specification.
g. Incomplete buildings Cash compensation Owners of incomplete Cash Compensation for Incomplete at cut-off date, identified
and structures structures incomplete buildings and through final asset surveys.
structures based on assessment
by registered Valuer and based
census and asset surveys.
on % of completion.
the owners expense.
4. LOSS OF INFRASTRUCTURE
151
a. Roads and drainage, In kind replacement of affected District and local In kind Provision of roads Community roads and drainage and
and pathways district and local roads where government, communities within communities to national community pathways in place at cut-
applicable road safety standards including off date and identified through
drainage and safety crossings community asset surveys.
In kind provision of access
where required.
roads to resettlement sites Owners of displaced residential,
where applicable Provision of access roads to commercial and other buildings
resettlement sites where there identified through census and asset
In kind provision of drainage in
is no existing access. surveys.
accordance with statutory road
safety requirements Rerouting of pathways around
project infrastructure based on
In kind replacement of
assessment of loss of access.
pathways
5. CULTURAL IMPACTS
a. Graves/cemeteries In kind assistance Family and community In kind Complete relocation Familial graves identified during asset
members of graves (exhumation, surveys.
transportation and reburial) in
Unmarked graves identified through
designated cemetery at agreed
chance-find do not qualify for
rates per grave (in accordance
ceremonial assistance.
with national legislation).
Chance-find procedures (Cultural
Provision in kind (or cash
Heritage Management Plan) to be
equivalent) of agreed
adhered to.
customary ceremonial
assistance per family.
152
b. Shrines and other In kind assistance Community, clans In kind Dissembling, Shrine or sacred asset identified
sacred sites transportation and during final asset surveys.
reinstatement (where feasible)
Clan/community allegiance recorded
of shrines and sacred assets.
and confirmed through final asset
Provision in kind (or cash surveys.
equivalent) of agreed
ceremonial assistance per clan/
community.
6. OTHER IMPACTS
a. Re-establishment Cash compensation for general All households that are Cash Transition allowance per Individuals identified through final
allowance disruption being physically resettled individual to allow households census survey.
to cover basic living expenses
during early transition period
b. Vulnerable Support In kind assistance based on Vulnerable individuals and In kind Transitional hardship Identified through final census survey
Programme assessed need for vulnerable families who may find it assistance program appropriate based on agreed vulnerability criteria
households to mitigate difficult to cope with the to specific cases and based on relevant to Project.
possible increased vulnerability transition e.g. disabled and Project assessment, including:
elderly persons
Priority in physical
mobilisation and transfer
to resettlement plot;
Special assisted transit to
resettlement plot;
Additional moving, loading
and unloading assistance, if
necessary;
Assistance from support
case workers during transit
process;
Other specific support related
153
to moving process (e.g. medical

assistance) identified by
support case workers.
c. Social networks In kind assistance through Physically displaced In kind Allocation of Physically displaced households who
participatory planning in households replacement residential plots choose to resettle on a replacement
advance based on household plot identified by the Project.
preferences to the extent
possible in order to maintain or
re-establish social networks
d. Financial transition In kind assistance through Individuals and families who In kind Money management All persons receiving a form of cash
training will be receiving cash training will be provided. compensation identified through final
compensation census surveys.
Assistance with the opening of
bank accounts.
154
ANNEX 6 TEMPLATE LAND AGREEMENTS
The PARTNERS were requested to draft standard land purchase and lease agreements to ensure
consistence and uniformity:
1. Land purchase agreement for registered land

2. Land transfer form template for unregistered land
3. Land lease agreement (between land owners / users and the PARTNERS)
4. Land Lease agreement template (Between the GoU and the Partners)
Page 155

Albertine Graben Land Acquisition and Resettlement Framework

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Land Acquisition and Resettlement

CNOOC Uganda Ltd

Most RAPs have demonstrated a willingness by project proponents to exceed statutory

Consultation regarding resettlement activities;

Involuntary resettlement as a result of physical and/or economic displacement is likely to have

Permanent loss of permanent homes and other related structures;

PREAMBLE: GOVERNMENT OF UGANDA ............................................................................................

2. RESETTLEMENT GOALS AND PRINCIPLES ....................................................................... 9

4. RESETTLEMENT EXPERIENCE IN UGANDA .................................................................... 25

5. LEGAL AND ADMINISTRATIVE FRAMEWORK ............................................................... 27

6. RESETTLEMENT PROCESS AND ADMINISTRATIVE FRAMEWORK ................................. 46

7. ANTICIPATED IMPACTS ................................................................................................ 55

8.6.3. Livelihood Restoration Strategy .................................................................................................. 70

9. RESETTLEMENT CONSULTATION .................................................................................. 71

10. ORGANISATIONAL ARRANGEMENTS ........................................................................... 75

GLOSSARY OF TERMS ...................................................................................................................... 81

Table 1: Current Land Acquisition Challenges ...................................................................................... 23

Figure 1: Project Location Map ............................................................................................................. 12

AfDB African Development Bank

The purpose of this Land Acquisition and Resettlement Framework is to:

Clearly and comprehensively define a framework of terminology, objectives, policies,

1.2. Resettlement Planning Documents

Specifically, the IFC (IFC 2002) defines a RAP as:

However, the IFC (IFC PS5 2012) advises that:

2. RESETTLEMENT GOALS AND PRINCIPLES

The Project commits to the following goal:

their rights, responsibilities and options.

cost and with assurance of a timely consideration and

Figure 1: Project Location Map

3.1. Project Components

Type of Infrastructure Displacement Scope of Potential Impacts

Central Processing Facility (CPF)

Production well pads Economic, - Livelihood impact due to loss of

Type of Infrastructure Displacement Scope of Potential Impacts

Type of Infrastructure Displacement Scope of Potential Impacts

3.2. Socio-Economic, Land Use and Livelihood Characteristics

3.2.2. Land Use

3.2.4. Community and Social Infrastructure

Access to education: School infrastructure is limited and focused on primary education.

3.3. Land Tenure in the Albertine Graben

In the proposed Project area, land use can be classified5 as follows:

I) By acquiring a Certificate of Customary ownership (CCO).

ii) A Communal Land Association (CLA)

Mailo Land Tenure

3.4. Land Acquisition Challenges

Table 1: Current Land Acquisition Challenges

Speculation is a common consequence of publicly disclosed land

Weaknesses in the land administrative system have given rise to land

The cultural dynamics across the Albertine Graben (including both

4. RESETTLEMENT EXPERIENCE IN UGANDA

Resettlement Action Plan (RAP) for Proposed Hoima-Mputa-Fort Portal-Nkenda 132 kV

4.1. Key Findings from Past Experience

Table 2: Summary of Past Resettlement Experiences

Key Findings Brief Description

Key Findings Brief Description

Despite acknowledgement of the potential negative impacts of cash

RAPs generally based their compensation rates on existing rates tables

Identification of potentially vulnerable PAPs was widely adopted, and

Computation of unspecified rates, for instance for the determination of