Standard TOR For Land Acquisition - Feasibility & DD
Standard TOR For Land Acquisition - Feasibility & DD
Standard TOR For Land Acquisition - Feasibility & DD
Statement of Requirements
A. Introduction
A.1. Background
The Uganda National Roads Authority (UNRA) is responsible for managing,
maintaining and developing the national road network across Uganda. UNRA
became a legal entity in 2006, but officially began operations on 1 st July 2008.
UNRAs Mission is to develop and maintain a national road network that is
responsive to the economic development needs of Uganda, to the safety of all road
users, and to the environmental sustainability of the national roads corridors.
To achieve this requires the roads, road users and roadside communities to be
adequately protected. In the past, protection of the national road network has relied
on the restriction of land use within the Road Reserve, established under the Roads
Act of 1949. There have been problems with this approach, and UNRA has decided
to legally acquire and obtain titles for the land in the road reserve.
UNRA have prepared a Land Acquisition Management System, which provides
detailed guidance on the land acquisition process, which should be followed by the
Consultant.
A.3. Objectives
The objective of the land acquisition process is to:
a) Acquire the land of the road reserve in accordance with the laws of Uganda
and the requirements of UNRA and the EU
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b) Transfer land titles for the road reserve to UNRA, to be held by Uganda Land
Commission
A.4.ii. Risks
Associated with these assumptions are a number of risks. The Consultants are
expected to analyse these risks in preparing technical and financial proposals and to
mitigate against them where possible.
Risks:
a. Approvals relating to compensation strategy are delayed,
b. Access to the proposed site for survey is obstructed, causing delays and
additional work,
c. Unrealistic timeframes and budgets do not allow Consultants to pay due
attention to detail in delivering the Technical Requirements for the services,
d. Lack of funding delays payment of compensation, with consequences of
increased appeals and delays to handover of possession of site.
B. Services to be provided
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The consultants shall, in accordance with UNRAs strategy for land acquisition and in
liaison with the road design engineers, propose the boundaries for the road reserve,
in accordance with the policy framework. This shall include:
A review of the alignment design and assessment of the road reserve width to
be applied along the route, taking into account any requirements for additional
land take, for example due to high cut / fill slopes and major junctions,
Obtaining copies of Deed Plans and base maps (showing physical features),
and superimposing on the proposed alignment centreline and road reserve
boundaries.
The proposed road reserve should include all land take needed for permanent works,
including drainage and river protection measures.
B2.1.2 Notices and Consultations
Official notices, in accordance with the legal framework, should be issued to notify
those living in the affected areas of the intent to acquire land for the road and of the
need to access land for survey purposes. A copy of all notices should be included
with the Initial Assessment Report.
The exact form of the notices will depend on whether the land is already within the
existing road reserve and whether the outline scheme has been submitted and
approved by the Commissioner for Physical Planning, and the intended project area
declared and gazetted.
The consultant should identify the need for all future public notices associated with
the land acquisition process and agree with the district and UNRA the locations
where these are to be displayed.
The consultations should follow the participation strategy, and should include as a
minimum:
District level meetings to obtain information on compensation rates, to
complete the stakeholder analysis, and to distribute the district information
packs to ensure all parties fully understand their responsibilities
Village level meetings to:
o Raise awareness and distribute the community information packs to
explain the land acquisition process in detail
o Discuss the compensation strategy
o Allow affected communities to raise any concerns relating to land
acquisition
o Obtain information on livelihood strategies, market prices for land and
property, current mailo rents and incomes, etc.
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current market prices and district approved rates for estimating compensation
costs
livelihoods sources and need for livelihoods protection / mitigation measures
community infrastructure and other items likely to be affected and for which
mitigation measures will need to be developed
the number of owners / occupiers affected and estimated quantities of their
assets for which compensation will need to be paid
the number of families and individuals that will be displaced
A record of the field survey findings shall be maintained. Ideally these will be signed
by the relevant owner / occupier or district officer as a fair and accurate record of the
situation. This will be included in the Initial Assessment Report.
The output of the field survey should include:
i. Maps showing road reserve boundary, registered plots, and residual land that
may need to be acquired,
ii. Indicative Land Inventory, including different land tenure systems, location and
size of plot and proportion affected, land type and use,
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iii. Indicative Property Inventory, including structures (e.g. homes, animal pens,
stores), infrastructure (e.g. water supply and sanitation, utilities connections), and
other assets (trees, crops)
iv. Community Infrastructure inventory, including all socio-economic and
communal services and facilities, utility services and religious / cultural facilities that
may be affected,
v. Indicative Livelihoods Inventory, including identification of vulnerable groups
(e.g. female or child headed households, elderly, disabled, minority groups), income
sources and estimated values, cash and in-kind incomes, access to natural
resources, etc.
Note that this is NOT a full cadastral survey.
B2.1.4 Mitigation Measures
The findings from the field survey should identify where negative impacts are likely to
occur which monetary compensation will not adequately resolve, and for which
alternative mitigation measures are required.
Mitigation measures may include:
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Social and economic support mitigation measures and associated costs (e.g.
NGO costs),
Consultants to complete the valuation, compensation and expropriation tasks,
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boundaries, affected property and large trees or other significant features eligible for
compensation payment.
The purpose of the maps is to:
i. Provide supporting evidence for the valuation exercise,
ii. Provide the plans for transfer of titles and revising deed plans.
In carrying out the survey, the survey team should place physical markers at plot
boundaries and to show the boundary of the land to be acquired for the road reserve.
The plans to support valuation should show the boundaries of all land by owner /
occupier, including on customary land, and all affected assets that can be plotted.
The plans for transfer of titles and revising deed plans only need to show the
registered land boundaries and the proposed boundaries of land to be acquired. The
survey data, including information on the control points used and physical markers
placed to demarcate the property, should be submitted to the Commissioner for
Lands and Surveys for approval. A record of the Commissioners approval of the
plans shall be maintained.
The plans, also known as strip maps, should be displayed in the locations identified
in the Initial Assessment.
Disturbance allowances,
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C.1. Timing
The approximate timing for the project and services assumes a start date of 2nd April
2009.
The Initial Assessment Report should be submitted to UNRA by the 2nd April 2009.
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follow protocols to ensure effective and efficient implementation of the services and
subsequent works.
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preparation process, the Consultant shall assist UNRA in ensuring that these
templates are appropriate and useful for monitoring and measuring project progress.
Report Timing Description
Inception Report End week 2 Confirm methodology and work plan, task assignment,
project team and staff schedule, project control plan.
Monthly Monthly* Concise summary of progress and key achievements in
Progress previous month; planned activities for coming month; EVA
Reports or similar update, identify critical issues to be addressed.
D.2.ii. Technical Reports
In addition to the progress reports, the Consultant shall prepare an Initial Assessment
Report as defined above and in accordance with the UNRA LAMS.
F. Professional Staff
The Consultant shall propose a team of experts that is fully able to deliver the
services in accordance with the technical requirements defined in this TOR and its
Annexes.
Accountant (1)
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surveys.
Experience in social impact or community
participation relating to road projects in
Uganda.
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