Republic of Uganda Ministry of Water and Environment VULNERABLE & MARGINALISED GROUPS’ FRAMEWORK (VMGF) FOR MATANDA AND ENENGO IRRIGATION SCHEMES IN KANUNGU AND RUKUNGIRI DISTRICTS Prepared for: Prepared By: MINISTRY OF WATER AND ENVIRONMENT (MWE) AIR WATER EARTH (AWE) Ltd. Plot 21/28 Port Bell Road, Luzira 27 Binayomba Road, Bugolobi, Kampala P.O. Box 20026 Kampala P. O. Box 22428, Kampala, UGANDA. Port Bell Rd, Kampala E: mail@awe-engineers.com W: www.awe-engineers.com July 3, 2019 Vulnerable and Marginalized Groups’ Framework (VMGF) LIST OF EXPERTS The Vulnerable and Marginalized Groups Framework (VMGF) for Matanda and Enengo Irrigation Schemes in Kanungu and Rukungiri Districts report was prepared by the following experts. No Names Team 1 Eng. Dr. Lammeck KAJUBI Team Leader/ Environmental and Social Safeguard expert 2 Dr. Ronald S. MUSENZE Water for Irrigation Specialist 3 Mr. Abel MUTYABA Environmental and Social Safeguard Specialist 4 Mrs. Grace BALIKOOWA Senior Social Specialist 5 Mr. Solomon Jackson MUDDUKAKI Social Development Specialist 6 Mr. Xtopher KAMARA Indigenous Group Analyst Ministry of Water and Environment (MWE) – Uganda Irrigation for Climate Resilience Project (ICRP) Vulnerable and Marginalized Groups’ Framework (VMGF) Table of Contents LIST OF EXPERTS ...................................................................................................................................................1 ACRONYMS AND ABBREVIATIONS ...................................................................................................................... 1 1. INTRODUCTION ....................................................................................................................................... 1 1.1. Background .......................................................................................................................................... 1 1.3 Project Description ................................................................................................................................... 2 1.4 Rationale for the VMGF ............................................................................................................................ 5 1.1.1 Purpose and Objectives of the VMGF ............................................................................................. 5 1.5 Methodology ............................................................................................................................................ 5 1.5.1 Desk Review ................................................................................................................................... 5 1.5.2 Stakeholder Consultations .............................................................................................................. 6 2. AN UNDERSTANDING OF INDIGENOUS PEOPLES IN UGANDA ....................................................... 8 2.1. Definition of Key Concepts .................................................................................................................. 8 2.1.1 Indigenous Peoples........................................................................................................................ 8 2.1.2 Ethnic Minority Groups in the Project Area .................................................................................... 8 2.1.3 Marginalised Groups ...................................................................................................................... 9 2.1.4 Vulnerable Groups ......................................................................................................................... 9 2.2. Recognising VMGs in Uganda ............................................................................................................ 9 2.3. The Vulnerable and Marginalized Groups of Uganda ........................................................................ 9 2.4. Key Challenges Common to VMGs in Uganda ................................................................................. 11 3. NATIONAL LEGAL FRAMEWORK APPLYING ALONG WITH OP4.10 ............................................... 12 4. POTENTIAL IMPACTS OF ICRP PROJECT ON AFFECTED VMGs ................................................... 15 4.1. Key Issues ........................................................................................................................................ 15 4.2. Potential Positive Impacts ................................................................................................................. 15 4.3. Potential Negative Impacts ............................................................................................................... 17 4.4. Matanda/ Enengo Irrigation Schemes Intervention Risks’ Analysis ..................................................19 4.5. Mitigation Measures ......................................................................................................................... 19 4.6. Strategies for VMGs Participation .................................................................................................... 21 4.6.1 Guidelines for Inclusion .............................................................................................................. 21 4.6.2 Consultation and Mobilization ..................................................................................................... 21 4.6.3 Working with stakeholders .......................................................................................................... 21 Ministry of Water and Environment (MWE) – Uganda Irrigation for Climate Resilience Project (ICRP) Vulnerable and Marginalized Groups’ Framework (VMGF) 5. GUIDELINES ON PREPARATION OF THE VULNERABLE AND MARGINALIZED GROUP FRAMEWORK….23 5.1. Plan for Social Assessment ................................................................................................................ 23 5.2. Institutional and Implementation Arrangements ................................................................................. 24 5.2.1 Roles and Responsibilities of Implementation Stakeholders ............................................................ 24 5.3. A Situational Analysis and Enhancement of Capacities for VMGP implementers ............................. 25 6. VULNERABLE AND MARGINALIZED GROUPS PLAN (VMGP) .......................................................... 26 6.1. Framework for free, prior, and informed consent (FPIC) .................................................................. 27 7. GRIEVANCE MECHANISM ................................................................................................................... 28 8. MONITORING AND EVALUATION ....................................................................................................... 31 8.1. Overview ........................................................................................................................................... 31 9. BUDGET ................................................................................................................................................ 32 10. DISCLOSURE ARRANGEMENTS FOR VMGPS TO BE PREPARED UNDER THE VMGF................. 33 References ............................................................................................................................................................ 34 APPENDICES ....................................................................................................................................................... 35 Appendix 1: Indigenous Peoples (VMGs) Screening and Impact Categorisation ............................................ 35 Appendix 2: A Standard Outline for a VMGP ................................................................................................... 37 Appendix 3: Content of a Project’s Social Assessment ................................................................................... 39 Appendix 4: Grievance Log and Resolution Form .......................................................................................... 40 Appendix 5: Summary of Stakeholder Views on the VMGs ............................................................................. 41 Appendix 6: Stakeholder Consultation Records ............................................................................................... 43 .............................................................................................................................................................................. 43 ...............................................................................................................................................................................44 ............................................................................................................................................................................... 47 List of Figures FIGURE 1-1: LOCATION MAP OF THE VMG BATWA INDIGENOUS PEOPLE WITHIN THE PROPOSED PROJECT AREA FOR MATANDA AND ENENGO IRRIGATION SCHEMES ......................................................................................... 4 Ministry of Water and Environment (MWE) – Uganda Irrigation for Climate Resilience Project (ICRP) Vulnerable and Marginalized Groups’ Framework (VMGF) ACRONYMS AND ABBREVIATIONS ACHPR African Commission on Human and Peoples Rights AICM African International Christian Ministries BDP Batwa Development Programme BMCT Bwindi Mgahinga Conservation Trust CBO Community Based Organisation CMU Construction Management Unit CSO Civil Society Organizations CWSN Children with Special Needs DCDO District Community Development Officer ESIA Environmental and Social Impact Assessment ESMF Environment and Social Management Framework ESMP Environmental and Social Management Plan ESSS Environmental and Social Safeguards Specialist FPIC Free, Prior Informed Consent GBV Gender Based Violence GO Grievance Officer GoU Government of Uganda GRC Grievance Redress Committee GRM Grievance Redress Mechanism HIV/AIDS Human Immunodeficiency Virus ICRP Irrigation for Climate Resilience Project IPMP Integrated Pest Management Plan IPs Indigenous Peoples IWGIA International Work Group for Indigenous Affairs IWGVMG International Work Group on Indigenous Peoples LG Local Government MAAIF Ministry of Agriculture, Animal Industry and Fisheries MCC Mennonite Central Committee MIS Management Information Systems MWE Ministry of Water and Environment NGO Non-Government Organisation O&M Operational and Management OP Operational Policy of the World Bank PST Project Support Teamt RAP Resettlement Action Plan RPF Resettlement Policy Framework SA Social Assessment ToR Terms of Reference UN United Nations UOBDU United Organization for Batwa Development in Uganda UWA Uganda wildlife Authority VAC Violence against children VMFG Indigenous Peoples Famers Groups VMGF Indigenous Peoples Planning Framework VMGP Indigenous Peoples Plan VMGs Vulnerable and Marginalised Groups WB World Bank WfP Water for Production Ministry of Water and Environment (MWE) – Uganda Irrigation for Climate Resilience Project (ICRP) P a g e |1 1. INTRODUCTION 1.1. Background The Government of Uganda through the Ministry of Water and Environment (MWE) with support from the World Bank is preparing the Irrigation for Climate Resilience Project (ICRP). The project objectives are to provide farmers in the project areas with access to irrigation and other agricultural services, and to establish management arrangements for irrigation service delivery. The project will contribute to improvement of farm incomes, rural livelihoods, food security, climate resilience, sustainable natural resources management in the target project areas, which include – among others – the Matanda and Enengo Irrigation Schemes in Kanungu District. The Project comprises of three components: Component 1 - Irrigation services; Component 2 - Support services for agricultural production and value-chain development, and Component 3 - Institutional strengthening and implementation support. The project will have MWE as Implementing Agency. MWE will be responsible for planning, budgeting, procurement, FM, M&E, reporting, and safeguards aspects of all components of the project. The Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) will be a technical implementation partner for activities which fall under MAAIF’s mandate (sub-component 1.2 and Component 2). The project will be implemented through existing Government structures, relying mainly on Government staff. A Project Support Team (PST) will be recruited to provide backstopping in the areas of management, finance, procurement, M&E and safeguards. Component 1. Irrigation Services (US$120 million) Access to irrigation is critical to allowing farmers cope with climate variability, to increase yield and intensification, and diversify towards higher value crops. Component 1 aims at providing farmers with irrigation water across various irrigation models. Water service is intended to be provided at the farm gate, thus this component has a focus on the off-farm infrastructure. Component 1 comprises three sub-components. Sub-component 1.1 on Large and Medium-scale Irrigation. It will construct new irrigation schemes (Kabuyanda and Matanda); support the development and strengthening of management model of new (Kabuyanda and Matanda) and existing (Olweny and Agoro) irrigation schemes; and develop studies for future irrigation schemes (Nyimur, Enengo and Amagoro). Activities will include: (i) dam construction and associated head works; (ii) construction of irrigation networks (pipes, canals, hydro-mechanical equipment) up to the farm gate; (iii) construction of drainage networks; (iv) construction of access and scheme roads; (v) construction of scheme offices, sanitation facilities, and storage facilities; (vi) consultancy services to prepare feasibility studies, detailed designs and safeguard instruments for irrigation schemes; (vii) consultancy services to monitor and control civil works; (viii) consultancy services in support of management of irrigation schemes; (ix) consultancy services for environmental audits and implementation of the Environmental and Social Management Plan (ESMP); (x) consultancy services for the roll out of Certificates of Costumery Ownership; and (xi) startup fund for O&M. Sub-component 1.2 on Small and Micro-scale Irrigation. It will pilot public support for the construction of farmer- led small and micro scale irrigation schemes around the two new irrigation schemes (Isingiro District around Kabuyanda and Kanungu District around Matanda) and in areas close to Kampala characterized by high marketing potential (Mukono, Wakiso and Mpigi Districts), adopting a value chain approach. Activities will include: (i) construction of small water retention facilities and associated head works; (ii) drilling of wells and boreholes; (iii) construction of small irrigation networks (pipes, canals, hydro-mechanical equipment); and (vi) consultancy services to prepare designs and for monitoring and control of works. Sub-component 1.3 on Integrated Catchment management. It will develop and implement integrated catchment management interventions upstream the two new irrigation schemes (Kabuyanda and Matanda), to improve the sustainability of the schemes, including the biodiversity off-set (Kabuyanda). The sub-component will be implemented by MWE. Activities will include: (i) consultancy services to prepare integrated micro-catchment management plans; (ii) implementation of identified watershed management measures from the micro- catchment management plans; and (iii) forest restoration (off-set). P a g e |2 Component 2. Support services for agricultural production and value-chain development (US$30 million) Component 2 aims to support farmers with access to irrigation services in accessing production and value addition knowledge and skills; and developing sustainable market access. The farmers will access on-farm irrigation technologies, commercial agro-inputs, tools, equipment and machinery. Sub-component 2.1 on On-farm Production and Productivity. It will provide support to farmers and farmers’ groups for production and productivity improvement at the farm level in the new irrigation schemes (Kabuyanda and Matanda), in existing irrigation schemes (Olweny and Agoro), in small and micro irrigation schemes (Isingiro, Kanungu, Mukono, Wakiso and Mpigi Districts) as well as in the area of the proposed future irrigation scheme (Nyimur). Activities will include: (i) consultancy services to create and strengthen farmer groups, provide extension services, facilitate access to inputs, promote good agricultural practices, sustainable land management practices, and integrated pests and disease management; (ii) matching grants to facilitate access to inputs (seeds, agro-chemicals); (iii) matching grants to facilitate access to on-farm irrigation technology; and (iv) construction of weather stations. Sub-component 2.2 on Value Addition and Market Linkages. It will provide support to farmers’ groups for value- chain development and strengthening and establishment of market linkages. Activities will include: (i) consultancy services to create and strengthen linkage with value chain actors in improved post-harvest handling, agro-processing, access to financing services, access to markets and market information; (ii) matching grants to facilitate access to equipment; and (iii) purchase of small goods. Component 3. Institutional Strengthening and Implementation Support (US$10 million) Component 3 will comprise of two sub-components. Sub-component 3.1 on Institutional Strengthening. Activities will include: (i) short-term studies on management models in irrigation, tariff structures, and prerequisites for financial sustainability; and (ii) capacity building, training and study tours. Sub-component 3.2 on Implementation Support. Activities will include: (i) hiring of individual consultants for the Project Support Team (PST); (ii) hiring of individual consultants as technical experts to support MWE and MAAIF on targeted technical issues; (iii) purchase of project implementation goods (ICT Equipment, vehicles); (iv) travel costs and allowances; and (v) Monitoring and Evaluation (M&E) costs. 1.3 Project Description The Government of Uganda (GoU) is prioritizing development of irrigated agriculture systems in the country to provide water for irrigation in areas with unreliable water sources to increase agricultural production and farmer’s resilience to climate change. The Government has also secured funds towards undertaking feasibility studies (Environmental and Social Impact Assessments (ESIA) and Resettlement Action Plan (RAP)) for development of the Matanda and Enengo Irrigation Schemes in Kanungu District. This will further foster Government program of modernizing agriculture that aims at increasing incomes and improving the quality of life of poor subsistence farmers and their households. It will further ensure food security and provision of gainful employment through improved agricultural enterprise development and promotion of sustainable land use and management of natural resources. The project design is hinged on community-based participation with the districts and sub-counties as focus of implementation, and the private sector as main technical service providers. Irrigation and drainage projects are listed No. 4 in the Third Schedule of the National Environment Act (NEA 1995) which is considered to have significant Environmental Impacts, and thus subject to environmental impact assessment. P a g e |3 The area under assessment for the Matanda and Enengo Irrigation Schemes extends over 19,000 ha that cuts across some sub counties known to host Batwa peoples. It is expected however that area to be developed for irrigation will be smaller, based on availability of water resources, and feasibility studies are ongoing. Matanda might cover area with presence of Batwas – more specifically in the Kengoma and Kanyashande cells, Kanyantorogo sub-county, Kanungu District. The physical works planned under Component 1, sub-component 1.1 are not expected to directly affect the Batwas through physical or economic displacement. However, depending on the settlements’ proximity to the eventual command area, they might be impacted by risks associated with the expected influx of labor into the area such as spread of HIV/AIDS and other sexually transmitted diseases, labor exploitation, Sexual Exploitation and Abuse (SEA), Child Labor, etc. As such, the project has triggered The World Bank’s Operational Policy.4.10 (OP 4.10) for the identification of indigenous peoples. In as much as the Bank policy OP 4.10 identifies these groups as indigenous, the Uganda Constitution refers to them as vulnerable and marginalized therefore this report will adopt to use the term “Vulnerable and Marginalized Groups” in place of “Indigenous Peoples.” World Bank’s OP. 4.10 recognizes that “the distinct identities and cultures of VMGs remained inextricably linked to the lands they inhabited and the natural resources they depended upon to survive”. The policy requires that: (i) screening, (ii) social assessment, consultations with communities involved, (iii) preparation of or Vulnerable and Marginalized Groups Framework (VMGF) and, (iv) disclosure be carried out before the project is implemented. It also requires the borrower to seek broad community support of VMGs through a process of free, prior and informed consent before deciding to develop any project that targets or affects VMGs. MWE confirmed the presence of VMGs in the larger planned project area (Matanda Irrigation Scheme Command area) through its procured ESIA and RAP consultant for these irrigation schemes under both inception and the scoping exercises. Figure 1-1: Location map of the VMG (Batwa indigenous people) near the proposed project area for Matanda irrigation schemes 1.4 Rationale for the VMGF This VMGF is prepared to ensure that the irrigation scheme development process fully respects the dignity, human rights, economies and the culture of VMGs and that the project has a broad community support from the affected VMGs. This VMGF applies to all components and activities that will impact Batwas and provides procedures to ensure that the impacts are mitigated and that the Batwa’s benefit from the project. 1.4.1 Purpose and Objectives of the VMGF The World Bank’s OP 4.10 on VMGs aims to avoid adverse impacts on VMGs and to provide them with culturally appropriate benefits. Therefore, this VMGF is prepared to ensure that the World Bank’s OP 4.10 on VMGs is applied to Matanda and Enengo Irrigation Schemes. It aims to develop measures to: (i) Avoid potentially adverse impacts on VMGs; (ii) Where avoidance is not feasible, minimize, mitigate and compensate such effects; (iii) Ensure that VMGs receive social and economic benefits that are culturally appropriate as well as gender sensitive; and (iv) Guarantee the full participation of VMGs in the entire scheme cycle. 1.5 Methodology 1.5.1 Desk Review The preparation of this VMGF largely constituted reviewing the Inception report and presentation for the inception of the feasibility study of Matanda and Enengo Irrigation Schemes from Aarvee associates, preliminary project literature from MWE, respective District Local Government Statistical abstract as well as relevant legal and policy documents. Records of laws, policies, plans and reports were reviewed to provide the national and international legal, policy and institutional framework. An examination of the World Bank’s OP 4.10 on Indigenous People (IPs) was undertaken to understand the requirements and scope of a VMGF. Additionally, reports documenting the challenges as well as struggles of VMGs for their rights in Uganda including were examined. Inception of the detailed World Bank’s OP 4.10 ESIA and RAP inception ESIA Scoping report feasibility study report P a g e |6 1.5.2 Stakeholder Consultations Key stakeholder consultations were conducted in selected districts and sub-counties known to host VMGs at both site visits (inception phase and scoping phase). Those consulted included: Local Government (LG) District officials; Civil Society Organisations (CSOs); and the local communities (VMGs). Inception phase VMGs stakeholder consultations with Kanungu District on 1st November, 2018 Photo 1-1: Kanungu District consultation Consultation with Mr. Kamara X-topher a munyabutumbi residing in Kanyashande cell with the Batwa was organized on May 28, 2018. He holds a Diploma in Agricultural, current secretary Ministry of works and technical services Kanungu district and political councillor for Kanyantorogo sub-county, Kanungu District. Individual VMGPs and their representatives will be consulted directly during preparation of the VMGP. Summary of the issues discussed are in Appendix 5. Rukungiri District Officials (06.02.2019) Rukungiri District LC V (06.02.2019) Kanungu District Officials (07.02.2019) Kanungu District RDC (07.02.2019) Bwambara Subcounty (06.02.2019) kihihi Sub county (07.02.2019) Kikarara community (06.02.2019) 2. AN UNDERSTANDING OF INDIGENOUS PEOPLES IN UGANDA 2.1. Definition of Key Concepts 2.1.1. Indigenous Peoples Literature indicates a lack of a universally accepted definition of “Indigenous Peoples”. Indigenous Peoples may be referred to in different countries by such terms as “Indigenous ethnic minorities,” “aboriginals,” “hill tribes,” “minority nationalities,” “scheduled tribes,” “first nations,” or “tribal groups.” In Uganda, the term “ethnic minorities” is used to refer to VMGs. For purposes of this framework, the World Bank’s criterion for identifying VMGs will be used to distinguish them from the 65 ethnic groups in Uganda: that is, those people who have historically suffered, and continue to suffer disempowerment and discrimination on economic, social and cultural grounds. The term “Indigenous Peoples” is used in a generic sense to refer to a distinct social and cultural group possessing the following characteristics in varying degrees:  Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;  Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;  Customary cultural, economic, social, or political institutions that are separate from those of the mainstream society or culture; or  A distinct language or dialect, often different from the official language or languages of the country or region in which they reside. It is noted that, although the Ugandan Constitution does not expressly recognize indigenous peoples it makes provision for addressing some of the negative effects arising from ethnic imbalances. The Constitution, in the section on National Objectives and Directive Principles of State Policy, provides that every effort shall be made to integrate all peoples while at the same time recognizing the existence of, amongst others, their ethnic, religious and cultural diversity. In this regard, the Constitution requires that everything necessary be done to promote a culture of co-operation, understanding, appreciation, tolerance and respect for each other’s customs, traditions and beliefs. 2.1.2. Ethnic Minority Groups in the Project Area It is possible to argue endlessly about the meaning of the term ‘minority’ in the Ugandan context (and sub-Saharan Africa) and whether a particular group of individuals form a separate minority (MRG, 2001). Similarly, no definition of the term ‘minority’ has proved universally acceptable. However, the UN Human Rights Committee came up with a working definition as: “any disempowered group, regardless of its numerical size could be considered a minority” (Ibid) typically defining Banyabutumbi (Indigenous ethnic minorities). P a g e |9 2.1.3. Marginalised Groups The term “Marginalization” generally describes the overt actions or tendencies of human societies whereby those perceived as being without desirability or function are removed or excluded (i.e., are "marginalized") from the prevalent systems of protection and integration, so limiting their opportunities and means for survival. 2.1.4. Vulnerable Groups Vulnerability refers to the conditions determined by physical, social, economic and environmental factors or processes, which increase the susceptibility of a community to the impact of hazards. A vulnerable group is therefore a population with specific characteristics that put it at a higher risk of falling into poverty than others living in project areas. Vulnerable groups thus include the elderly, disabled people, HIV/AIDS infected and affected individuals and households, women, and orphans and vulnerable children (girl child, street children, children from extremely poor households, HIV/AIDS infected and affected children, children with disabilities, children living with elderly or disabled parents, and children in paid employment). This definition also includes the three groups described above. On average, the Batwa are recognized as vulnerable, marginalized and poor. 2.2. Recognising VMGs in Uganda Uganda does not have an official definition of VMGs neither does it have a criterion for their identification. According to Uganda’s 1995 Constitution, there are 65 ethnic groups referred to as its indigenous communities as from the date of 1st February 1926. Ethnic diversity plays a major role in shaping the behaviours and ways of life of people as their cultural and social life differ from one ethnic group to another. The term ‘indigenous’ as referred to in the Constitution is used to describe the different ethnic groups that have historically resided within Uganda’s borders. This understanding differs markedly from the manner in which the term is used by international and regional organizations and by experts on VMGs’ issues. Uganda uses ethnic minorities, to the exclusion of other factors, as the only method of identifying VMGs. The African Commission on the 3rd periodic report (concluding observations) on the Republic of Uganda, observed that one of the factors restricting the enjoyment of the rights enshrined in the African Charter on Human and Peoples’ Rights (ACHPR, 2009) is the apparent lack of political will to take measures to realize the rights of VMGs especially the Batwa as guaranteed under the Charter. The commission recommended that Uganda adopts measures to ensure the effective protection of the rights of VMGs especially of the Batwa people as guaranteed under the Charter by establishing laws that protect land rights and natural resources of VMGs (ibid). These groups are not recognized as VMGs by the GoU which prefers to call them vulnerable and Marginalized groups or Ethnic Minorities. 2.3. The Vulnerable and Marginalized Groups of Uganda A number of ethnic minority groups in Uganda have been identified according to the World Bank’s OP 4.10 on the identification of VMGs. They include traditional hunters and gathers’ communities of:  Batwa, also known as Twa or Pigmies who live primarily in south-western Uganda;  Ik, who live on the edge of the Karamoja - Turkana region along the Uganda - Kenya border in Kaabong district, Karamoja; P a g e | 10  Benet, also known as Ndorobos, are 20,000 in number and live in Kween district on the margins of and inaccessible parts on the slopes of Mt. Elgon in the north-eastern part of Uganda, and  Tepeth, also referred to as the Soo. They live in Mount Moroto and neighbor the Turkana and the Pokot of Kenya. They are also said to have been the original people of Moroto but due to ethnic wars with the Karimojong they were driven up the top of mount Moroto. The VMGs of Uganda are commonly characterised by:  Historical and continued suffering, disempowerment and discrimination on economic, social, cultural and political grounds;  Reliance on their land and environment to sustain themselves both physically (in terms of food, fuel and habitat) and culturally;  Threatened livelihoods mainly due to dwindling access to land and natural resources on which they depend as hunters and gatherers;  Their economic systems exist separately from that of the mainstream or dominant community, and tend to have minimal interaction (if any) with the socio-economic and legal systems of national governments;  Much lower health and education indicators than those of the dominant community, often due to difficult access. This means that they are particularly vulnerable to changes in their socio-economic and physical environments; and  Social exclusion, deprivation from mainstream government services, lack of participation in development processes that affect them, and in most cases uncertainty of land and natural resource tenure. 2.3.1.1. Key Challenges faced by the Batwa  Landlessness - although the Batwa had no concept of land ownership before 1992, they were comfortable in the forest which was ‘owned’ by none except themselves. From the forest that provided them with all their basic living requirements without any threats, they were resettled in camps located in Kengoma and Kanyashande cells, Kanyantorogo sub-county, Kanungu District where they are now impoverished in a state of landlessness (since they own now small plots) and lack of resources;  Loss of a culture/identity - transition from forest life to the ‘outside, open and dry life’ is one of the Bwata’s biggest challenges. The culture outside the forest is alien, demanding and does not enable Batwa carry out activities previously undertaken in the forests. On resettlement, many could not sleep in the Iron roofed houses since they were not familiar with the rain drop sound on the iron roof in relation to their former grass hatched house or sleeping under trees. The Batwa leaders lost all cultural sites in the forest from which they used to perform rituals, worshiping of their gods and settling family disputes. This has affected teaching and learning of indigenous knowledge to the young generation and thus a steady loss of their culture;  The threat of extinction - some Batwa in the sub region are faced with the threat of extinction due to stigmatization and ‘integration’. The VMGs remain ‘silent’ and ‘hidden’ in the dominant community because they are ashamed of revealing their identity. Through the various myths in the Kengoma and Kanyashande cells and surrounding communities about, “HIV/AIDS healing through sexual intercourse with a Mutwa Woman,” has exposed many in these designated camps to the disease. Exposure to the outside community has fueled intermarriages with the Bwata;  High non-school attendance, school dropouts and low completion rates at both primary and secondary levels. There are very few Batwa children in secondary schools; P a g e | 11  Joblessness – With the small sized plots of land the Batwa acquired, they cannot practice commercial farming unlike their fellow Non marginalized counterparts (the community that existed in these cells), hence they have been left to rent out their small plots to the community for agricultural practice and restored to selling their labour to earn a living. They are now characterized as beggars in the community. Idleness attracts vices like alcoholism and ‘prostitution’ making them susceptible to diseases particularly HIV/AIDS;  Poor hygiene and eating habits – Characterized with poverty, many cannot afford two meals a day, this does not only affect their health status but also affects their children’s school attendance as they skip school because they are hungry or/and are dirty in which case they are teased at school. 2.4. Key Challenges Common to VMGs in Uganda The non-recognition and identification of VMGs by the GoU is a major cause of their neglect and violation of their rights. According to IWGIA, dispossession of traditional lands and territories is one of the major problems of VMGs in Africa. Dominating development paradigms in Africa perceive VMGs’ modes of production (pastoralist, hunting, and gathering), as primitive, non-productive and unaligned with today’s modernization aspirations of African States. Therefore, many development policies are either directly or indirectly unfavourable to VMGs’ modes of production. In addition, IWGIA notes that only a few African States recognize and protect the basic collective rights of VMGs in their constitutions or national legislation. Indigenous Peoples suffer from weak political representation, discrimination, and stereotyping from the mainstream society. Some of the major challenges and concerns faced by indigenous groups in Uganda are:  Uganda's constitution has no express protection for VMGs, though it does provide for affirmative action in favor of marginalized groups (IWGIA, Update 2011);  The Land Act of 1998 and the National Environment Statute of 1995 protect customary interests in land and traditional uses of forests. However, these laws also authorize the government to exclude human activities in any forest area by declaring it a protected forest, thus nullifying the customary land rights of VMGs. Nevertheless, the National Land Policy 2013 seeks to address the issue of dispossession of VMGs’ ancestral lands as will be seen in the next section;  Political participation of VMGs remains limited and their socio-economic rights are ignored by the State and society; and  Eviction from their homelands has limited Uganda's VMGs' access to natural forest food, herbal medicine, and shelter leaving some of them plagued by starvation and sickness;  Eviction from homelands (Natural Forests) has limited the vulnerable/marginalized Peoples' access to food, medicine, and shelter. As a result, some of them are plagued by starvation, sickness and exposure. For instance, the Batwa in Bundibugyo District numbering less than 200 are on the verge of total extinction due the HIV/AIDS, which they have acquired due to the integration with other communities who believe that one can get cured of the infection after sleeping with a Mutwa woman. The International Work Group for Indigenous Affairs (IWGIA) and the Working Group on Indigenous Issues of the Commission have argued that: the issue of VMGs revolves around the assertion that certain marginalized groups are discriminated against in particular ways because of their particular culture, mode of production and subordinate position within the State and that State legal and policy frameworks have been impotent at addressing these challenges. This is a form of discrimination which other groups within the State do not suffer from. It is legitimate for the marginalized groups to call for the protection of their rights in order to alleviate this particular form of discrimination. 3. NATIONAL LEGAL FRAMEWORK APPLYING ALONG WITH OP4.10 The table below presents the national legal framework applying along with OP 4.10 guiding this VGMF Legal framework Relevance to the proposed VGMF OP4.10 > Under paragraph 10. Consultation and Participation. Where the project affects Indigenous Peoples, the borrower engages in free, prior, and informed consultation with them. Constitution > the Batwa defined as key stakeholder were prior consulted (Batwa leaders) and will be consulted at large during the Social Assessment with the aim of disclosing the proposed project scope and activities in line with Objective XXVII (i) of the constitution, “awareness.” OP4.10 > Under paragraph 3. Identification. Because of the varied and changing contexts in which Indigenous Peoples live and because there is no universally accepted definition of “Indigenous Peoples,” this policy does not define the term. Indigenous Peoples may be referred to in different countries by such terms as "indigenous ethnic minorities," "aboriginals," "hill tribes," "minority nationalities," "scheduled tribes," or "tribal groups." Constitution of the Republic of Constitution > According to Uganda’s 1995 Constitution, there are 65 ethnic groups referred to as its indigenous Uganda, 1995 communities as from the date of 1st February 1926. The term ‘indigenous’ as referred to in the Constitution is used to describe the different ethnic groups that have historically resided within Uganda’s borders. Uganda uses ethnic minorities, to the exclusion of other factors, as the only method of identifying VMGs like the Batwa under Third Schedule article 10(a). Gap > Uganda's constitution has no express protection for VMGs, though it does provide for affirmative action in favor of marginalized groups like;  Equality and freedom from discrimination; without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of ethnic origin or tribe.  Right to culture and similar rights; every person has a right as applicable to belong to, enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition in community with others.  Protection of rights of minorities; Minorities have a right to participate in decision-making processes, and their views and interests shall be taken into account in the making of national plans and programmes OP4.10 > Under paragraph 18. Commercial Development of Natural and Cultural Resources. If the project involves the National Water Policy, 1999 commercial development of natural resources such as water on lands or territories that Indigenous Peoples traditionally owned or occupies. The borrower includes in the IPP arrangements to enable the Indigenous Peoples to share equitably in the benefits to be derived from such commercial development. P a g e | 13 Legal framework Relevance to the proposed VGMF Policy > Under section 5.2.2, Financing, Subsidies 'and Tariffs. It calls for Subsidies to enable the disadvantaged sections of the community access to basic services and improvements in their quality of life, hence a project service inclusion of the Batwa. OP4.10 > Under paragraph 22(i). Indigenous Peoples and Development. It facilitate partnerships among the government, IPOs, CSOs, and the private sector to promote Indigenous Peoples’ development programs. Policy > Under Section 6; Implementation Framework and Strategic Partnerships, It calls for contact and inclusion with National Irrigation Policy, 2017 appropriate institutions / farmer organizations at local/scheme level for sustainable management of irrigation schemes. Policy > Under Section 3; Policy Priority Areas and Strategic Interventions, Priority 4 of the policy encourages equitable access to irrigation production opportunities for the marginal and vulnerable groups like the Batwa livelihood development program at the camps. OP4.10 > Under paragraph 22(d). Indigenous Peoples and Development. It address the gender and intergenerational issues that exist among many Indigenous Peoples, including the special needs of indigenous women, youth, and children National Gender Policy, 2007 Policy > Under Section 6; Gender and Governance, specific strategies (d) calls for Promoting social protection interventions for poor and vulnerable women and men; and (e) developing strategies to eradicate the child labour incidence with emphasis on the exploitation of the girl child. OP4.10 > Under paragraph 16. Lands and Related Natural Resources. (a) the customary rights of the Indigenous Peoples, both individual and collective, pertaining to lands or territories that they traditionally owned, or customarily used or occupied, and where access to natural resources is vital to the sustainability of their cultures and livelihoods; (b) the need to protect such lands and resources against illegal intrusion or encroachment; Uganda National Land Policy, 2013 Policy > Under Section 4.8; Land Rights of Ethnic Minorities, Paragraph 58; (a) Government of Uganda shall, in its use and management of natural resources, recognize and protect the right to ancestral lands of ethnic minority groups;(b) Government of Uganda shall pay prompt, adequate and fair compensation to ethnic minority groups that are displaced from their ancestral land by government action. It was on basis of this section that the Camp for the Batwa in Kengoma and Kanyashande cells, Kanyantorogo sub-county, Kunungu District near the Matanda command area were established. P a g e | 14 Legal framework Relevance to the proposed VGMF The policy provides for affirmative action in favor of marginalized groups current settlement through establishment of regulations by Statutory Instrument to:(a)Recognize land tenure rights of minorities in ancestral lands; (b)Document and protect such de fact occupation rights against illegal evictions or displacements;(c)Consider land swapping or resettlement or compensation in the event of expropriation of ancestral land of minorities for preservation or conservation purposes;(d)Set terms and conditions for displacement of minorities from their ancestral lands in the interest of conservation or natural resources extraction. OP4.10 > Under paragraph 2. The Bank recognizes that the identities and cultures of Indigenous Peoples are inextricably linked to the lands on which they live and the natural resources on which they depend. At the same time, the Bank recognizes that Indigenous Peoples play a vital role in sustainable development and that their rights are increasingly being addressed under both domestic and international law. Policy > Under Section 2.3.1; Uganda’s Indigenous Communities, it recognizes the existence of indigenous minorities that are marginalized of which are faced with loss of identity, which threatens their existence. Uganda National Culture Policy, Policy > Under Section 7.3; Development and promotion of Indigenous knowledge, it recognizes Indigenous Knowledge 2006 (IK) as a vital sub-system of culture being a key factor in social and economic development as well as cultural transformation. In addition, there is recognition of the important role of local communities in contributing their indigenous knowledge systems to enhance the sustainability of development programmes. OP4.10 > Under paragraph 4. The term “Indigenous Peoples”. A group that has lost "collective attachment to geographically distinct habitats or ancestral territories in the project area." Policy > Relates indigenous ethnic groups that are marginalized to status unequal to that of the dominant groups. Their rights including access to justice, equality, dignity, identity are belittled or ignored compared to those of other groups. It explicitly identifies the Batwa as part of the Uganda Indigenous Communities. NB: In case of conflict between national laws/Policies and World bank OP 4.10, the latter will prevail. 4. POTENTIAL IMPACTS OF ICRP PROJECT ON AFFECTED VMGs 4.1. Key Issues It is evident from the consultations that the collective relationship that VMGs have with their land, territories and resources is both multi-faceted and profound. It has dimensions which are material, social, cultural, economic, political, psychological and spiritual in nature. This relationship is intergenerational and critical to the identity, economic sustainability and survival of the VMGs as distinct cultural communities with their own world view and spirituality. Denial or restriction of access to their lands, territories and resources can threaten their physical and cultural survival as well as social organisation. Therefore, a number of risks relevant for the Matanda/ Enengo Irrigation Schemes are worth noting:  Indigenous Peoples’ rights - Particular rights of VMGs are recognized in international agreements and for World Bank-supported projects by the Bank’s own policy. Such rights especially access to their land are also recognized in the National Land Policy, 2013. The implementation process of Matanda/ Enengo Irrigation Schemes will have to identify and recognize these rights to ensure that activities do not infringe on such rights.  Loss of culture and social cohesion - Given VMGs’ distinct cultures and identities and their frequent marginalization from the surrounding society, Matanda and Enengo Irrigation Schemes interventions may run the risk of imposing changes to or disruption of their culture and social organization, whether inadvertently or not. While these indigenous communities may welcome and seek change, they can be vulnerable when such change is imposed from external forces and when such change is rushed. Moreover, since many indigenous communities’ culture and social organization are intertwined with their land and natural resource use practices, changes to these practices may result in undesired changes in the culture and social organization which may lead to social disruption and conflicts within and between communities and other stakeholders. 4.2. Potential Positive Impacts Table 4-1: Potential Positive Impacts Project Components and Potential Positive Impacts on VMGs Sub-components Component 1. Irrigation Services Most of the settlements of the VMGs are in areas hindered by inadequate rains terrain that exposes them to water scarcity. This has contributed to poor agricultural produces for those that have tried to practice farming. And for those that have managed to be resettled near surface water sources, they have been exposed to flood risks due to poor catchment management practices characterized by their illiteracy in environmental protection. This component will construct new large-scale irrigation schemes for constant agricultural water supply but will also have the VMGs participate in the development and implementation of integrated catchment management interventions. Sub-component 1.1  Creation of employment opportunity for the VMGs’ in the project area to the Large and Medium-scale extent possible, depending on the level of skills required vis-a-vis what is Irrigation available from the VMGs. P a g e | 16 Project Components and Potential Positive Impacts on VMGs Sub-components  Construction of associated head  Construction of access and scheme roads in the VMGs’ areas (Project works (weirs), irrigation networks area) will increase their access to quality social and economic services like (pipes, canals, electro- markets, health centres and schools. mechanical equipment), drainage  Construction of on-farm irrigation works and equipment will not only expose networks, access and scheme roads, scheme offices, sanitation the VMGs’ to modernized methods of farming, but enable them bear facilities, and weather stations) capacity to carry out modern framing for better agricultural production as a better economic alternative.  Improved VMGs’ attitude towards employment and agriculture, hence making it a priority for many. VMGs that currently had tried agriculture with no success may gradually change their negative attitudes towards agriculture when they bear good productions and sales.  A reduction of beggars among the VMGs better agricultural avenues would have been introduced with a high labour force expectation.  Technical assistance for  Prior inclusion of the VMGs during the preparation of feasibility studies and preparation of feasibility studies detailed designs for irrigation schemes will enable them understand the and detailed designs for irrigation schemes, monitoring and control project scope and nature, accept and own up the project of works, O&M of irrigation  Monitoring and control of works by expertise team will create assurance to schemes, environmental audits the VMGs as regards to their inclusion in project works and respect of their and implementation of the rights in the entire scheme cycle. environmental and social  Implementation of the project developed environmental and social management plan (ESMP) management plan will not only trigger implementation mitigation measures attributed to the VMGs but also improve their interaction with the environment and society as a whole in a sustainable manner.  Project environmental and social audits will enable check on the social and economic benefits that are VMGs’ culturally appropriate as well as gender sensitive Sub-component 1.3: Integrated  Through trainings, workshops, dissemination of information to the VMGs, a Catchment Management knowledge gap will be closed. Component 2. Support services for agricultural production and value-chain development Having provided water for agriculture to the various VMGs’ gardens, strengthening of VMGs’ famers groups in marketing, finance, and organizational management will be provided by MAAIF with the aim of facilitating them to access quality inputs and appropriate technologies and practices with the aim of improving production and productivity; and support value chain development and market (domestic and regional) linkages to increase the value of traded items for better economic gains. Sub-component 2.1: On-farm  The project will encourage establishment and strengthening of vulnerable Production and Productivity and marginalised famers groups (VMFG) that will contribute to social cause of the groups.  VMFGs will be trained in various agricultural aspects aimed at improving production and productivity, hence enhancing VMGs’ capacity  An increased access to inputs like seeds, fertilizers and agro-chemicals  Access to good agricultural practices, sustainable land management practices, integrated pests and disease management knowledge through trainings. P a g e | 17 Project Components and Potential Positive Impacts on VMGs Sub-components Sub-component 2.2: Value  Increased assess to technical assistance for support of value chain actors Addition and Market Linkages aimed at improvement of post-harvest handling and agro-processing.  Improved access to financing services.  Improved access to markets and market information  Improved access to processing tools, equipment and machinery. Component 3. Institutional  Through technical assistance for institutional strengthening of MWE and Strengthening and MAAIF, these in turn will enable transcending of capacity building to the Implementation Support VMFGs  This will ascertain proper management of the proposed project which in turn implies that VMGs will actively participate and have a fair share of the project benefits as a result of increased number of VMFGs. 4.3. Potential Negative Impacts Matanda/ Enengo Irrigation Schemes are likely to have two categories of adverse impacts on VMGs: 1) Permanent effects - Permanent effects will result into an infinite loss of use of property, vegetation, or land by the affected person as a result of project activities. This is likely to occur where permanent irrigation networks (pipes, canals, electro-mechanical equipment), drainage networks are constructed. Such effects may affect:  VMGs whose land is found suitable for the infrastructure may lose land or crop cover or both. The main land use among the Batwa is subsistence farming dominated by cultivation of crops, bee keeping, hunting wild game and gathering fruits and vegetables. As a mitigation, MWE should locate the associated head works (weirs), irrigation networks, drainage networks, access and scheme roads, scheme offices, sanitation facilities, and weather stations in land free from encumbrances in order to avoid the need for land acquisition from and displacement of VMGs. Where land acquisition is inevitable like through which irrigation networks (pipes, canals) will traverse, the provisions in the RAP to be prepared for Matanda and Enengo Irrigation Schemes will be followed and VMGs Project Affected People (PAPs) will be compensated.  Resettlement can also lead to the loss of access to communal resources:  Loss of land for grazing;  Loss of access to water;  Loss of medicinal plants; and  Loss of trees for charcoal production and firewood. To address these effects, Matanda and Enengo Irrigation Schemes will avoid any permanent displacement and/ or resettlement of VMGs as a result of the project.  Effect on VMGs health status as they may be exposed to new interactions with people (workers) to be engaged in the civil works which may lead to an increased spread of infectious diseases like STIs and HIV/AIDS. Continuous sensitization about HIV/AIDS prior to project implementation and after should be carried out to prevent VMGs and vulnerable groups from contracting/spreading HIV/AIDS. P a g e | 18  VMGs communities’ children may be abused in ways such as underage employment in civil works, sexual harassment of girls in the community, as a result of an influx of workers for construction activities. MWE in collaboration with the district local governments should ensure that existing child protection mechanisms (policies and laws on children’s rights, labor etc.) are adhered to. The above impacts can result in further indirect impacts, including causing VMGs to be more vulnerable as these can increase their poverty levels. The social impacts other than those related to social safeguards should be mitigated in line with the Environmental and Social Management Framework (ESMF) prepared for Matanda and Enengo Irrigation Schemes. 2) Temporal impacts - Temporal impacts will result into an interruption in the current use of property or land by the affected communities or individuals (VMGs) as a result of Matanda and Enengo Irrigation Schemes activities. Such impacts will likely occur during construction of irrigation networks (pipes or canals) including: Air quality impacts; It is expected that project vehicular traffic will emit exhaust emissions, chiefly oxides of sulphur (SOx), nitrogen (NOx) and those of carbon (CO2 and carbon monoxide- CO). Others are particulates, unburned fuel (VOC) and ground-level ozone. Emissions quantities generated will depend on volume of traffic, travel distances, type and age of vehicles/ equipment, fuel type and quantities. Road dust generated by project traffic on earth roads and material handling (loading and tipping operations). These will temporarily affect the VMGs in short-term only manifesting during the construction phase. This impact may be mitigated through encouraging dust suppression by watering wherever necessary and ensuring regular servicing of equipment for high operational efficiency Disturbance due to Noise Pollution and vibrations; at construction sites (irrigation networks, drainage networks, and access and scheme roads), noise and vibrations will be generated from; construction vehicles and machinery movement, civil works like mixing concrete and offloading and loading of equipment and materials at construction sites. Excessive offsite noise will also impact surrounding settlements of VMGs. As a mitigation, the proposed works will only be scheduled during day and machines will be turned off when not in use. Insecurity/Theft; the influx of new people (workers) in the project area comes with all sorts of vices including theft. Such unscrupulous people may indulge in theft of the little accumulated VMG’s wealth (crops, reared animals, domestic property, personal belongings, ritual antiquities, cultural symbols) or involve the unemployed or project employed VMGs’ in their activities which in the long run might affect their social image. Background check-ups on all people before employment will be conducted and security concerns shared with the community at large including the VMGs’. Improper management of project generated waste; Vegetation waste from site clearance, excavated materials from earthworks, general construction waste (e.g. wood, scrap metal, concrete, empty cement bags); and municipal wastes generated by site workers (plastic bottles (mostly drink/ water bottles), paper, cloths, food scraps, sewage) all are anticipated to be generated during the project construction phase. Visual impact of heap of collected rubbish, associated bad odour, harbour disease causing vectors like flies may expose the VMGs to health related risks. Implementation of the project waste management plan developed under the project ESIA component will help prevent or minimize this exposure. Soil Erosion and Degradation; the area in which the VMGs would likely be resettled under this project delineation is highly characterized with steep slopes, that may increase the risk of soil erosion from the loose soils being eroded from P a g e | 19 the construction site during site clearance and excavations to downstream gardens of the VMGs hence affecting crop productivity. Clearance of vegetation should be limited to areas that will be required for construction of the components. Impact on Gender; Participation of women in construction is a desired gender-related benefit but this may be constrained by the fact that most construction sites in Uganda are predominantly male dominated which disadvantages women involvement in provision of labor. At the same sites, equal employment opportunity for vulnerable women, paid an equal living wage, utilizing gender sensitive sanitary facilities and use of gender-sensitive language such as: “Go Slow, Work in Progress” instead of “Go Slow, Men at Work” will be encouraged. 4.4. Matanda and Enengo Irrigation Schemes Intervention Risks’ Analysis Some of the social risks of Matanda and Enengo Irrigation Schemes interventions include, but are not limited to: a) The Batwa are formerly renowned as forest-dwelling hunter-gatherers who became squatters living on the edges of society on establishment of the Bwindi and Mgahinga National Parks and Queen Elizabeth National Park, still are disempowered with land ownership, vast enough to accommodate commercial agriculture unlike other communities they found in their respective relocation areas. Small acreage subsistence farming practice by the VMGs implies that they a currently bearing less produce, aimed at hand-to-mouth with no saving for sale. Therefore, it would be risky to implement such a scheme in VMG areas without careful consideration of their ability to make a meaningful production. The schemes should not only consider current acreage of production but ability, attitude to future production. This will encourage development of VMFGs with a cause of appropriate land distribution and combined commercialized crop production. b) Most of the relocated settlement areas of the Batwa are on boarders of the renowned national parks in the delineated project area. These have relied on water sources within the National Park competing for water with wildlife and have always faced attacks. Therefore, provision of agricultural water will improve their access to water for agricultural production but also for domestic use such as drinking water for them and their animals, increasing the risk of ingesting contaminated water bearing animal’s faecal matter, upstream fertilizers use, and sedimentation. Basing on the same case, the proximity of their gardens to the parks makes their produces more vulnerable to destruction by wild animals (like elephants and monkeys). A more concise water utilization strategy may have to be developed incorporating good agricultural practices in the VMGs’ area. c) Best practices emphasize that projects should be demand-driven and encourage grassroots participation to ensure community ownership especially for the established infrastructure as a lack of it can result in 'white elephants’. Infrastructure investments completed without meaningful local community input face a risk of poor use and maintenance. Some of the previous efforts to improve agricultural produces and productivity and access to water have faced challenges of sustainability since projects were implemented in a top-down manner. d) Apart from meeting agricultural needs, the schemes could have a direct impact on various social- economic development indicators among the VMGs but may run the risk of high consumption of fuel resources (firewood, charcoal) during clearance/ bush burning of vast land for irrigated agricultural practice, which might deplete the nearby forests if not well managed. This will in turn disrupt the VMGs’ way of life that heavily depends on natural resources. 4.5. Mitigation Measures P a g e | 20 To avoid or minimize adverse impacts and, at the same time, ensure benefits for the VMGs, MWE may apply the following basic principles in the selection of feasible designs of irrigation schemes for Matanda: (i). Ensure that VMGs communities in general and their organizations/local leaders are not excluded by any means in activities of selection, design, and implementation processes; (ii). Provide full project scope and nature disclosures to the VMGs at all stages of the project cycle. (iii). To ensure appropriate utilization of provided water, MWE should provide alternative water sources to the VMGs community for domestic consumption like stand pipes or water harvest program. (iv). MWE in conjunction with Uganda wildlife Authority -UWA (Park management) may fence off given known wildlife park- community boundary sections to prevent or reduce wild life attacks to the established VMGs’ gardens. (v). To ensure that VMFGs’ are encouraged, MWE in conjunction with MAAIF should establish irrigated demonstration farms in the VMGs community to act as demonstration farms for the VMGs’. (vi). MWE should ensure that VMGs in the project areas get a fair share of the Matanda irrigation schemes within VMGs community to encourage interactions with the wider community. Thus, MWE has to be mindful of the potential harm caused by gaps in service provision; (vii). MWE should carry out specific assessments of the impact of proposed Matanda irrigation schemes on the economic and social development of VMGs as an integral part of the project cycle, through a transparent process with free and informed participation of the affected communities. MWE has to ensure that the Matanda irrigation schemes interventions does not unnecessarily and unintentionally exacerbate factors outside the scope of planned impacts; (viii). Together with VMGs and vulnerable groups, MWE should carefully screen Matanda irrigation schemes activities for a preliminary understanding of the nature and magnitude of potential impacts, and explore alternatives to avoid or minimize any adverse impacts; (ix). Where alternatives are not feasible and adverse impacts on VMGs are unavoidable, MWE together with VMGs and others knowledgeable of VMG culture and concerns should immediately make an assessment of the key impact issues; and (x). MWE should undertake the necessary tasks in order to adopt appropriate mitigation measures. The most important in this respect is intensive consultation with the VMGs communities, community elders/leaders, CSOs/NGOs and others who have experience in working with VMGs. (xi). MWE should ensure that all complaints from VMG are recorded through an appropriate grievance redress mechanism and followed upon, including those related to Sexual Exploitation and Abuse (SEA). Relevant assessments on the risks should be carried out in project affected areas, including the Batwa camps) P a g e | 21 4.6. Strategies for VMGs Participation VMGs are usually excluded from accessing basic services because they are not sufficiently positioned to tap vital development opportunities. Below are the strategies to ensure their inclusion and participation in Matanda irrigation scheme. 4.6.1. Guidelines for Inclusion Guidelines for including VMGs include:  Identify subgroups (VMGs) among the poor, especially those at risk of exclusion;  Structure project rules and procedures to promote their participation;  Determine participatory techniques that can help facilitate their involvement (where existing systems of social organization are highly inequitable, new groups (VMFGs’) may need to be created to enable excluded groups to participate);  Ensure that intermediaries (CSOs/NGOs/CBOs, etc.) working with communities have expertise in working with these groups and using participatory techniques;  Investigate how land tenure system in the project area can be made more responsive and inclusive of these groups e.g. securing more fertile land for VMGs with the aim of increasing cultivated acreage.  Include specific indicators related to these groups in monitoring and evaluation systems, and involve all stakeholders in monitoring and evaluation. 4.6.2. Consultation and Mobilization Matanda and Enengo irrigation schemes must be designed in such a way that all segments of the community have a voice in decision-making and management. In order to enhance the positive benefits of the project, there should be adequate consultation and participation of VMGs during project design and implementation to ensure that the project adequately deals with the needs, priorities and preferences of the VMGs. Emphasis should also be put on mobilizing communities to manage and sustain the project infrastructure and services so as to encourage ownership of these investments. Focus should also be put on providing access to information that will enable all community members not only to know their rights, demand for services and hold leaders accountable but also fulfill their duties and responsibilities as project stakeholders. The project will involve the training of local agricultural groups (famers, suppliers, that should work together with the respective District Community Development Officers (CDOs) and the CSOs/NGOs to mobilize VMGs to participate in the Matanda/Enengo irrigation schemes. 4.6.3. Working with stakeholders The degree to which MWE will be able to collaborate, share information, and synthesize efforts will determine, to some extent, the success of Matanda/Enengo irrigation schemes. Engaging stakeholders will help MWE to:  Identify and prioritize community development needs and opportunities for integration in design of Matanda and Enengo irrigation schemes;  Identify potential positive or negative impacts that the schemes may further leverage or help to mitigate;  Encourage community member involvement in project design, implementation, and monitoring; P a g e | 22  Identify and evaluate potential partners to implement the project;  Monitor project impacts and ensure that the project meets community expectations;  Obtain feedback from the VMG communities and  Obtain support and ownership from them. Experience of already existing NGOs and other agencies in the project areas will be invaluable to MWE. The presence of NGOs like BPD, BMCT, and UOBDU has helped in addressing some of the underlying social and economic barriers. Therefore, MWE should consider tapping experiences from these CSO/NGOs during project implementation. P a g e | 23 5. GUIDELINES ON PREPARATION OF THE VULNERABLE AND MARGINALIZED GROUP FRAMEWORK OP 4.10 requires that a process of free, prior, and informed consultation, with the affected vulnerable and marginalized communities, of the potential adverse and positive effects of the Project be designed and used in consultation. It is likely that some of the proposed investments will result in significant adverse impacts for vulnerable and marginalized communities and as such the VMGs should be informed and consulted prior to Project implementation. The Vulnerable and Marginalized Groups Framework (VMGF) sets out:  The potential positive and adverse effects of Matanda and Enengo irrigation schemes on VMGs;  A plan for carrying out the social assessment for Matanda and Enengo irrigation schemes;  A framework for ensuring free, prior, and informed consent with the affected VMGs’ communities at each stage of project preparation and implementation;  Institutional arrangements including capacity building where necessary for screening project-supported activities, evaluating their effects on vulnerable and marginalized groups, preparing VMGF, and addressing any grievances;  Monitoring and reporting arrangements, including mechanisms and benchmarks appropriate to the project; and  Disclosure arrangements to the VMGs to be prepared under the VMGF. 5.1. Plan for Social Assessment The social assessment is a variant of what is generally known as a Social Impact Assessment (SIA) and will be done during the VMG project preparation. It will gather relevant information on demographic data: social, cultural and economic situation; and impacts. This information will be gathered through separate group meetings within the vulnerable and marginalized communities, including leaders, NGOs, CBOs, and affected persons. Discussions will focus on potential positive and negative impacts of the subprojects; measures to enhancing positive impacts and strategies/options to minimize and/or mitigate negative impacts. The social assessment includes the following elements, as needed: a) A review, on a scale appropriate to the project, and institutional framework applicable to vulnerable and marginalized groups. b) Gathering of baseline information on the demographics, social, cultural and political characteristics of the affected vulnerable and marginalized groups’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend. c) Taking the review and baseline information into account, the identification of key stakeholders and the elaboration of a culturally appropriate process for consulting with VMGs at each stage of project preparation and implementation. d) An assessment, based on free, prior, and informed consent, with the affected VMGs communities, of the potential adverse and positive effects of the relative vulnerability of, risks to land and natural resources as well as their lack of access to opportunities relative to their social groups in the communities, regions, or national societies in which they live. e) The identification and evaluation, based on free, prior, and informed consent with the VMGs communities, of measures necessary to avoid adverse effects, or if such measures are not feasible, the identification of measures to minimize, mitigate, or compensate for such effects, and to ensure that VNGs receive culturally appropriate benefits under the subproject. P a g e | 24 f) A customized Vulnerable and Marginalized Group Risk Management VMGRM g) Assessment and development of the Project’s implementation mechanism for VMG (where it needs to be modified) 5.2. Institutional and Implementation Arrangements The project financial and other resources will be managed through the existing financial management arrangements in MWE under Water for Production (WfP) Department as established under the Directorate of Finance and Administration. During project execution MWE shall coordinate project implementation and manage: (a) project monitoring, reporting and evaluation; (b) contractual relationships with World Bank; (c) procurement and (d) financial management and record keeping, accounts and disbursements. This section will focus on the institutional as well as implementation arrangements specific to this VMGF including an assessment of capacities for effective VMGF/VMGP implementation. 5.2.1. Roles and Responsibilities of Implementation Stakeholders MWE: The ministry will take the overall responsibility of implementing the schemes including in ensuring the effective execution of the VMGF. Coordination of all social issues including on VMGs under the project will lie with the Water for Production (WfP) Department supported by the Project Support Team (PST) which will be headed by a Project Coordinator. This will be done in manner similar to how it is done for other projects under the ministry. The Environment and Social Safeguard Specialist (ESSS) and the Social Development Specialist in MWE/PST will oversee the preparation and implementation of the VMGP. Other roles of the ministry will include:  Prepare the VMGF for the Project and ensure that measures to address adverse impacts where they cannot be avoided are spelled out;  Consult on the VMGP with stakeholders, paying special attention to including affected VMGs and relevant government agencies to ensure that VMGs fully benefit in culturally appropriate ways;  Ensure that the VMGF has adequate resources to enable effective implementation;  Provide technical assistance and facilitation to LGs/VMFG’s to implement the VMGP;  Implement monitoring and reporting activities of the Plan, including arranging and paying for any independent monitoring that might be deemed necessary;  Notify World Bank of any substantial change in the course of the Plan implementation;  Build capacity of the relevant LG staff, VMGs and other vulnerable groups; and  Report both to affected VMGs and WB on project progress and any unexpected and unintended events affecting VMGs and vulnerable groups. District Local Governments (LGs): Beneficiary LGs will support MWE in collaboration with the district to identify land for the establishment of irrigated agricultural demonstration sites for the VMGs. The LGs should devise measures during identification, to ensure that sub-counties inhabited by VMGs’ communities are selected to benefit from the project. This will to a greater extent serve the interests of the 1995 Ugandan Constitution and other relevant legal and policy frameworks. During Matanda/Enengo irrigation schemes implementation, the District Community Development Officers (DCDO) with guidance from the ESSS at MWE will: P a g e | 25  Undertake social screening of subprojects to confirm the presence of and enhance the participation of VMG communities as well as other VMGs in the district;  Implement the VMGP in their respective districts;  Mobilize the relevant VMGs’ communities and create awareness about the project;  Monitor mitigation measures intended to enhance the participation of VMGs’ communities and vulnerable groups in the scheme; and  Monitor the implementation of the VMGP on the ground and produce progress reports. VMFGs: Beneficiary Vulnerable and marginalized farmers groups will be part of the actual implementers of the proposed project. Among their roles will be:  Attend and make contributions during stakeholder meetings;  Participate in project implementation on the ground;  Participate in the monitoring of VMGP implementation; and  Safeguard and maintain project infrastructure as applicable. Local/Community Organisations: If deemed necessary, active local organisations such as BPD, BMCT, and UOBDU operating in the affected VMGs’ communities may be called upon to support the DCDO and ESSS in not only mobilising VMGs to actively participate and benefit from the project but also in sharing their experiences and knowledge of working with VMGs. 5.3. A Situational Analysis and Enhancement of Capacities for VMGP implementers MWE has adequate institutional capacity to implement this VMGF. MWE has in the past implemented World Bank supported projects involving implementation of social safeguards measures. Therefore, the ministry has accumulated considerable capacities in management of vulnerable and marginalized groups. Nonetheless the capacity to plan and implement the measures outlined in this VMGF requires continuous strengthening for a robust vulnerable and marginalized people management. MWE will utilize its Environment and Social Safeguards Specialists (ESSS) to liaise and guide the Social Development Specialist (SDS) who should be recruited to manage social safeguards and issues for these schemes. It is expected that, to strengthen the ministry’s capacity, the ESSS and proposed SDS in MWE under Matanda/Enengo irrigation schemes will be instrumental in its capacity enhancement. This should be augmented by undertaking relevant training in implementation of the Indigenous Peoples Plan and orientation training on the new World Bank Environment and Social Framework for further capacity building. The relevant officers in the LGs and target sub-counties, parishes and cells to be trained will include DCDO, CDOs, and the VMGs’ chairperson. They should be trained on social safeguards including all social issues in addition to being facilitated accordingly by MWE to help implement and monitor the VMGPs on the ground. The VMGF provides the guidelines for the preparation of the VMGP. Specific areas of training will include screening, development of district specific VMGPs, managing social issues, and monitoring and reporting. The SDS will be the responsible focal person for all social matters including safeguards related to the project. The SDS in close collaboration with the respective districts (DCDO) will: a. Identify VMG communities within the project areas; b. Identify and explain the rights of VMGs as enshrined in Uganda’s legal framework; P a g e | 26 c. Design appropriate tools to undertake free, prior and informed consultations with the VMGs; d. Disseminate the draft VMGP to the VMGs for their consent and input; e. Conduct and participate in training matters related to the identification, communication and provision of services to VMGs; f. Ensure that appropriate channels are used to communicate with VMG communities; and g. Train safeguards personnel at the district levels on project implementation and monitoring. At VMGs’ project area community level, the project intends to encourage creation and strengthening of VMFGs’ support and capacity building. Training of these groups will ensure the better VMGs’ agricultural practices and productivity. 6. VULNERABLE AND MARGINALIZED GROUPS PLAN (VMGP) Based on the social assessment, the project will develop appropriate mitigation measures and livelihood enhancement activities for vulnerable and marginalized groups. A VMGP addresses the (i) aspirations, needs, and preferred options of the effected VMGs, (ii) local social organization, cultural beliefs, ancestral territory, and resource use patterns among the affected VMGs; (iii) potential positive and negative impacts on VMGs; (iv) measures to avoid, mitigate, or compensate for adverse project effects; (v) measures to ensure project benefits will accrue to VMGs; (vi) measures to strengthen the capacity of local authority and relevant government departments to address VMGs issues; (vii) the possibility of involving local organizations and non-governmental organizations with expertise in VMGs issues; (viii) budget allocations; and (ix) monitoring. MWE, the implementing agency will submit the VMGP to the Bank for review and approval prior to commencement of project works. The Vulnerable and Marginalized Groups Plan is prepared in a flexible and pragmatic manner, and its level of detail varies depending on specific project and nature of effects to be addressed. The VMGP includes the following elements, as needed: a) A summary of the social assessment b) A summary of results of the free, prior, and informed consent with the affected VMGs’ communities that was carried out during project preparation and that led to broad community support for the project. c) A framework for ensuring free, prior, and informed consent with affected VMGs’ communities during project implementation. d) An action plan of measures to ensure that VMGs receive social and economic benefits that are culturally appropriate, including, if necessary to enhance the capacity of the project implementing agency. e) When potential adverse effects on VMGs are identified, an appropriate action plan which includes measures to avoid, minimize, mitigate, or compensate for these adverse effects. f) The cost estimates and financing plan for VMGP. g) Accessible procedures appropriate to the project to address grievances by the affected VMGs’ communities arising from project implementation. When designing the grievance procedures, the borrower (GoU) through MWE will take into account the availability of judicial recourse and customary dispute settlement mechanisms among the VMGs. h) Mechanisms and benchmarks appropriate to the subproject for monitoring and evaluating, and reporting on the implementation of the VMGs. The monitoring and evaluating mechanisms should include arrangements for the free, prior, and informed consultation with the affected VMGs. P a g e | 27 6.1. Framework for free, prior, and informed consent (FPIC) Obtaining FPIC implies a process of good faith engagement whereby the parties establish a dialogue allowing them to find appropriate solutions in an atmosphere of mutual respect with full and equitable participation. The outcome of the social assessment and measures for VMGs will be presented in community meetings. The Ministry’s Social Development Specialist will coordinate with the District Community Development Officer (DCDO) in the of process of free, prior and informed consultation with the affected VMGs’ communities during project preparation to inform them about the project, to fully identify their views, to obtain their broad community support to the project, and to develop project design and safeguard instruments. In most cases, this process is best done as part of the SA although consultations are likely to continue after its completion. Given the social setup of the identified VMGs, consultation will definitely require time and an effective system of communication amongst interested parties to ensure that it adequately deals with their needs, priorities, and preferences. Accordingly, the project plans, including VMGP, will be prepared in consultation with VMGs. There is also need to be guidelines for consultations to be inclusive of all groups and gender. Where the consultations are with VMG representatives, ensure inclusion of gender youth and others. There also need to be guidelines to ensure that all consultations are documented with locations, times, number of participants (gender disaggregated) issues raised and responses provided and details can be in the annex. The VMGs will be provided with relevant project information in language(s) and manner suitable to them. VMGs should be able to:  Participate either directly or through their own freely chosen representatives and/or customary or other institutions; and  Specify which of these is entitled to express consent (or lack of) on their behalf. Free, prior and informed consent, in relation to activities taking place on VMGs lands, refers to a process whereby affected vulnerable and marginalized communities, freely have the choice, based on sufficient information concerning the benefits and disadvantages of the Project, of whether and how these activities occur, according to their systems of customary decision making. A free, prior and informed consent means: Table 6-1: Free, Prior and Informed Consultation Free Prior Informed Consent No None of the following Information to be provided should: Form may vary for different manipulation. should be undertaken  be accurate communities: so may be before consent has been  be in an appropriate language oral or written but will obtained:  include information, when always involve  Authorization or available, on social, economic, consultation and  Commencement of environmental and cultural impacts participation. No coercion. activities and reasons for proposed The process should be  Land acquisition activities, duration, affected participatory.  Finalization of locality, proposed benefits sharing No incentives. development plans. and legal arrangements and Decision-making should No people likely to be involved not exclude or marginalize intimidation. Specific time requirements  be in a form that is understandable individuals due to gender, of the consultation/ and that takes into account ethnicity or other factors. consensus process. traditions of the community P a g e | 28 The consultations and participation of VMGs will be ensured in the formulation of the VMGP to ensure that it adequately deals with needs, priorities, and preferences. Information will be provided prior to consultations to enable VMG participation to understand issues and provide informed feedback. VMGs will be provided with relevant project information in languages and manner suitable to them. Separate focus group discussions will be carried out to assess the subproject impacts and benefits to these groups. The outcome of social assessment and VMGP will be presented in community workshops/meetings. The lead Agency, MWE will make available the following documents to the project affected VMGs and disclose to the public: (i) A draft Vulnerable and Marginalized Groups Plan before project appraisal; (ii) A final Vulnerable and Marginalized Groups Plan after completion of such VMGP and (iii) The revised Vulnerable and Marginalized Groups Plan, following the detailed design or change in scope. 7. GRIEVANCE MECHANISM According to Article 40 of the UN Declaration on the Rights of VMGs, “Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.” Vulnerable Marginalized Groups may encounter a grievance or a complaint against the project, its staff or contractors during project implementation. To address or resolve the grievance, a mechanism describing procedures, roles and responsibilities in grievance management process is given below. To be effective, the mechanism shall utilize existing local administrative and community structures. All grievances concerning non-fulfillment of contracts, levels of compensation, exclusion from subproject benefits, or seizure of assets without compensation shall be addressed to the Local council 1 Chairperson. MWE’s Social Development Specialist shall work with community leaders in the project area to set up an LC1 Grievance Committee to be the first point where grievances shall be addressed. The LC1 Grievance Committee shall be composed of; (i). A Local Council 1 (LC1) Chairperson (ii). Local Council 1 (LC1) Secretary (iii). VMGs’ Chairperson (iv). Two VMG representatives from each camp (One representing women and the other, the youth) All attempts shall be made to settle grievances amicably before resorting to courts of law. Entities seeking redress and wishing to record grievances will do so by notifying their Local Leader (LC 1 Chairperson) who will chair a Local Grievance Committee at LC 1 level set up with guidance of MWE’s Social Development Specialist. The Local Leader will inform and consult with the district administration to determine validity of claims. If valid, the Local Leader will convene a meeting of the LC1 Grievance Committee to resolve the grievance and notify the complainant of the outcome. If the complainant’s claim is rejected, the matter shall be brought before the subcounty or district local government for settlement. P a g e | 29 Any objections or grievances related to exclusion/marginalization shall be made in writing, in the language that the VMGs understand and are familiar with, to the Local Leader. Copies of the complaint shall be sent to MWE, within 20 days after the public notice. Channeling complaints through the Local Council Grievance Committee is aimed at addressing the problem of distance and cost the VMGs may have to face. The Local Leaders (trained by MWE’s Social Development Specialist) shall maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made. The procedure for handling grievances should be as follows: a) The affected person should file his/her grievance in writing, to the Local Leader. The grievance note should be signed and dated by the aggrieved person. Where the affected person is unable to write, s/he should obtain assistance to write the note and emboss the letter with his/her thumbprint. A sample grievance form is provided in Appendix 4. b) The Local Leader should respond within 14 days during which any meetings and discussions to be held with the aggrieved person should be conducted. If the grievance relates to valuation of assets, a valuer may need to revalue the assets. In this case, the aggrieved person must be notified by the Local Leader that his/her complaint is being considered. c) If the aggrieved person does not receive a response or is not satisfied with the outcome within the agreed time (s)/he can lodge his grievance to the Local Administration (District). d) The Local Administration will then attempt to resolve the problem (through dialogue and negotiation) within 14 days of the complaint being lodged. If no agreement is reached at this stage, then the complaint is taken to MWE’s Grievance Committee comprising the following entities: (v). A Grievance Officer (MWE Staff) (vi). A Local Council 1 (LC1) Chairperson (vii). District Representative (e.g. CDO or Member of District Land Board) (viii). A community representative in project area (e.g. religious leader) (ix). VMGs’ Chairperson Note that persons in (ii) - (iv) will be location specific. If the complainant is still dissatisfied with the handling of his complaint, then he/she can take up the complaint through the court system. A flow process of grievance mechanism is illustrated in figure below. P a g e | 30 Written grievance LC1 Grievance Committee Is grievance solved in Yes Close 14 days? No District Local Administration (Including: Land Board, CDO, CAO) Is grievance solved in Close Yes 14 days? No Yes MWE Grievance Is grievance solved in Close Committee 21 days? No Courts of Law Figure1: Illustration of the grievance settling/ handling process P a g e | 31 8. MONITORING AND EVALUATION 8.1. Overview The PST at MWE in collaboration with the Monitoring and Evaluation (M&E) department of the ministry will establish a simple monitoring system for the implementation of the VMGF. The M&E system will facilitate the collection and analysis of the required data during project implementation. Actual project achievements will be compared against planned activity targets, project outputs and outcomes. The system will aim at improving efficiency and effectiveness of project implementation. The information to be collected and analysed will be based on set targets and planned activities under the project. This process should be part of the on-going M&E activities in the ministry. Baseline data collection on the socio-economic status and cultural practices of VMGs will be carried out during subproject feasibility study/design. These will be the basis for establishing baseline data to monitor the project impacts on VMGs. The respective VMGPs will also specify systems of data collection and monitoring of the anticipated changes and will include Terms of Reference (ToR) for the monitoring agency/consultant. The Ministry’s PST will submit monitoring reports to the World Bank for its review. Key indicators for both benefits and VMGs’ participation will include:  Number of consultations with VMGs at all stages of project implementation;  Number of irrigation networks (pipes or canals) established in VMGs’ communities;  Access to irrigation water (distance and easy);  Number of irrigated agricultural demonstration established for VMGs’ communities;  Quantity of produces from VMGs’ gardens;  Number of VMFGs’ established in VMGs’ communities;  Acreage of cultivated land by the VMGs’;  Number of VMGs on both the local project committee and Grievance Committee; and  Mobilization of VMGs to manage the established infrastructure. Indicators for negative impacts on VMGs will include:  Number of VMGs’ households and individuals physically or economically displaced by the project;  Number of VMGs’ in the project reach VMGs’ communities that have not benefited from the project;  Number of VMGs’ that have been exposed to GBV and VAC in relation to the project; and  Number of VMGs’ registered grievances.  Number of Unemployed VMGs  Number of VMG’s family breakups  Number of VMG’s school dropouts  Level of exposure to sexually transmitted diseases Monitoring indicators for VMGs will include gender and vulnerability specific indicators, and monitoring reports will present data disaggregated by gender and vulnerability. To effectively monitor project impacts on VMGs, the baseline data for the project will include data on representative VMGs’ households. The socioeconomic baseline indicators will be used for measuring the outcomes and impacts on vulnerable communities. The M&E mechanisms adopted for the P a g e | 32 project will ensure that in addition to process and outcome indicators, appropriate impact indicators are defined related specifically to impacts on vulnerable groups and their livelihoods. These will include: how many vulnerable people participated actively and benefitted from project activities and documentation of their opinions on project impacts and if any of their specific concerns were addressed during implementation. In measuring the extent and quality of participation, it will be important to understand and capture how gender differences will affect the participation of girls and women in scheme activities. Gender analysis will therefore be an integral part of monitoring and evaluation of scheme activities. The monitoring and evaluation mechanisms adopted for the project will ensure that in addition to process and outcome indicators appropriate impact indicators are defined related to specifically to impacts on vulnerable groups and their livelihoods. It is recommended that an impact evaluation be undertaken about 6 months before project completion to assess the changes in the overall living standards compared to the former living status or standards of living for these groups. 9. BUDGET The cost for implementation of the individual VMGPs or VMGPs will be incorporated in the project cost and the administrative costs for survey, social assessment, and preparation of VMGs will be financed under Project. Additional costs to specifically cater for VMGs include; hire of a social scientist or VMGs Consultant to screen VMGs and prepare the VMGF, implementation of FPIC including mobilization, translation of reports, and special focus meetings and capacity building for project staff dealing with social issues including both staff at subcounty and district level. Table9-1: Vulnerable and Marginalized Groups Framework Implementation Budget Items. No. Component 1 Hire of a Social Development/VMG Consultant to screen VMGs and prepare the VMGP 2 Implementation of FPIC including mobilization, translation of reports, and special focus meetings 3 Recruitment and salary of in-house Social Development Specialist/ Safeguards Officer as part of the PCU at MWE. 4 Monitoring of project impact on VMGs including facilitation All mitigations and benefits included in the Social Assessment and the VMGP will be budgeted. P a g e | 33 10. DISCLOSURE ARRANGEMENTS FOR VMGPS TO BE PREPARED UNDER THE VMGF Once this VMGF is approved by World Bank, it will be disclosed in-country in daily newspapers, on MWE website (https://www.MWE.go.ug/) and on the Bank’s Info shop. Following project Appraisal, should the ongoing feasibility study confirm that vulnerable groups are indeed present in the proposed project area, information from the VMGF, VMGP, and other relevant safeguard instruments will be disclosed to affected persons/ communities summarized in form of brochure or leaflets translated in the appropriate local language. In case of changes made to the VMGF and VMGP, the same clearance and disclosure protocols will be followed. During implementation, MWE will prepare social monitoring reports including safeguard issues, make them available to affected VMGs, post them on its website, and submit to the Bank for review. P a g e | 34 References 1. Domelen Julie Van 2007: Reaching the Poor and Vulnerable: Targeting Strategies for Social Funds and other Community-Driven Programs. SP Discussion Paper NO. 0711 May 2007.http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion- papers/Social-Funds-DP/0711.pdf 2. African Commission on Human and Peoples’ Rights (ACHPR) 2009: Concluding Observations of the African Commission on the 3rd Periodic Report of the Republic Of Uganda. Accessed at:http://www.achpr.org/files/sessions/45th/conc-obs/uganda:-3rd-periodic-report,-2006- 2008/achpr45_conc_staterep3_uganda_2009_eng.pdf 3. African Charter on Human and Peoples Rights. Accessed at: http://www.humanrights.se/wp- content/uploads/2012/01/African-Charter-on-Human-and-Peoples-Rights.pdf 4. Cultural survival 2010: Quarterly magazine, http://www.culturalsurvival.org 5. International Work Group for Indigenous Affairs (IWGIA) 2011: Update 2011 – Uganda. Accessed at: http://www.iwgia.org/regions/africa/uganda/901-update-2011-uganda 6. Okwaare S. and Hargreaves S. 2009: The Benet Community of Uganda. http://www.actionaid.org/sites/files/actionaid/mountains_of_trouble.pdf 7. The Horn of Africa and East Africa: Uganda. Forest Peoples Programme/ IWGIA/ The Indigenous World, n.d. Web. 1 Dec. 2009. P a g e | 35 APPENDICES Appendix 1: Indigenous Peoples (VMGs) Screening and Impact Categorisation a) Identification of VMGs in the subproject area Name of District: Subproject title: Impact on VMGs Not Yes No Remarks or identified known problems, if any 1 Are there VMGs in the project locations? 2 Do they maintain distinctive customs or economic activities that may make them vulnerable to hardship? 3 Are there any of the following vulnerable groups in the project area Orphans and Vulnerable Children (OVCs), Child Mothers, Widows, Persons with Disabilities (PWDs), Elderly? 4 Will the project restrict their economic and social activity and make them particularly vulnerable in the context of the project? 5 Will the project changes their socioeconomic and cultural integrity? 6 Will the project disrupt their community life? 7 Will the project positively affect their health, education, livelihood or social security status? 8 Will the project increase conflict between VMGs and other communities? 9 Will the project alter or undermine the recognition of their knowledge, preclude customary behaviours or undermine customary institutions? 10 In case of no disruption of indigenous community life as a whole, will there be loss of housing, strip of land, crops, trees and other fixed assets owned or controlled by individual indigenous households? P a g e | 36 b) Potential impacts of the Project on VMGs Project activity and output Potential positive impacts Potential negative impacts 1 2 3 … c) Categorisation of Subprojects The responses to the issues outlined in (a) and (b) above will form the basis for determining whether the project is in category A, B or C as indicated in the table below. Tick only the appropriate one. Tick Category Decision or Action Required A All projects categorized under A will require to prepare a VMGP B Projects under here will require a specific action favorable to VMGs and addressed through a specific provision in related plans e.g. Resettlement Plan or a general Social Action Plan C Projects categorized as C require no VMGP or a specific action to be taken Assessed by: ……………………………………………………………………. Environmental and Social Safeguards Officer/Consultant Date: ……………………………… Reviewed by: …………………………………………………………………… Project Coordinator Date: ……………………………… Approved by: ……………………………………………………………………. Head of Department, MWE Date: ………………………………. P a g e | 37 Appendix 2: A Standard Outline for a VMGP The size and level of detail of a VMGP varies depending on the specific project and nature of impacts to be addressed. A typical VMGP includes the elements below: (i) A summary of the legal and institutional framework of Uganda applicable to VMGs and a brief description of the demographic, social, cultural, and political characteristics of the affected VMGs’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend. (ii) A summary of the social assessment. (iii) A summary of results of the free, prior, and informed consultation with the affected VMGs’ communities that was carried out during project preparation and whether it led to community support or rejection of the project; (iv) A Framework for ensuring free, prior, and informed consultation with the affected VMGs’ communities during project implementation; (v) Formal agreements reached during the free, prior, and informed consultation during project preparation. (vi) A Grievance mechanism taking into account local dispute resolution practices. (vii) An action plan of measures to ensure that the VMGs receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of MWE; (viii) When potential adverse effects on Indigenous Peoples are identified, appropriate action plans with measures to avoid, minimize, mitigate, or compensate for these adverse effects; (ix) Special measures for the recognition and support of customary rights to land and natural resources may be necessary. (x) Special measures concerning women and marginalized generational groups may be necessary to ensure inclusive development activities. (xi) Capacity building activities for the indigenous communities to enhance their participation in project activities (xii) The cost estimates and financing plan for the VMGP; (xiii) Procedures appropriate to the project to address grievances by the affected VMGs’ communities arising from project implementation. When designing the grievance procedures, the consultant/MWE will take into account the availability of judicial recourse and customary dispute settlement mechanisms among the VMGs; P a g e | 38 (xiv) Mechanisms and benchmarks appropriate to the project for monitoring, evaluating, and reporting on the implementation of the VMGP. The monitoring and evaluation mechanisms should include arrangements for the free, prior, and informed consultation with the affected Indigenous Peoples’ communities. P a g e | 39 Appendix 3: Content of a Project’s Social Assessment The extent and depth of analysis required for the social assessment are proportional to the nature and scale of the proposed project’s potential effects on the VMGs. The social assessment may include but not limited to the following elements, as required: (a) Assessment of social issues at community level including gender and GBV issues, (b) Assessment of the existing implementing mechanism from the perspective of VMGs, (c) Assessment of existing GRM mechanism at the community level and customized for the VMGP, and M&E from VMG perspective. (d) (e) A review, on a scale appropriate to the project, of the legal, policy and institutional framework applicable to VMGs. (f) Gathering of baseline information on the demographic, social, cultural, and political characteristics of the affected VMGs’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend. (g) Taking the review and baseline information into account, the identification of key project stakeholders and the elaboration of a culturally appropriate process for consulting with the VMGs at each stage of project preparation and implementation. (h) An assessment, based on FPIC, with the affected VMGs’ communities, of the potential adverse and positive effects of the project. Critical to the determination of potential adverse impacts is an analysis of the relative vulnerability of, and risks to, the affected VMGs’ communities given their distinct circumstances and close ties to land and natural resources, as well as their lack of access to opportunities relative to other social groups in the communities, regions, or national societies in which they live. (i) The identification and evaluation, based on FPIC with the affected VMGs’ communities, of measures necessary to avoid adverse effects, or if such measures are not feasible, the identification of measures to minimize, mitigate, or compensate for such effects, and to ensure that the VMGs receive culturally appropriate benefits under the project. P a g e | 40 Appendix 4: Grievance Log and Resolution Form Name (Filer of Complaint): ……………………………………………………………………… ID Number (PAPs ID number): …………………………………………………………………. Contact Information (house number/ mobile phone):…………………………………………… Nature of Grievance or Complaint: …………………………………….………………………. Date Individuals Contacted and Summary of Discussion: ……………………………………........ ……………………………………. ………………………………………………………………. Signature……………………………………… Date: …………………………………………… Signed (Filer of Complaint): ……………………………………………………………………… Name of Person Filing Complaint (if different from Filer): …..…………………………………... Position or Relationship to Filer: ………………………………………………………………….. Review/Resolution Date of Conciliation Session: …………………………………………………………………….. Was Filer Present? Yes/No Was field verification of complaint conducted? Yes/No Findings of field investigation:…………………………………………………………………. Summary of Conciliation Session Discussion………………………………………………………………………………………… Issues……………………………………………………………………………………………… Was agreement reached on the issues? Yes/No If agreement was reached, detail the agreement below/if agreement was not reached, specify the points of disagreement below: ……………………………………………………………………………………………………………………………………… ……………………………………………………………………… Signed (Conciliator): …………………………………………. Signed (Filer)….. Signed: ……………………………………………………………… (Independent Observer) Date: ……………………………………………………………………. P a g e | 41 Appendix 5: Summary of Stakeholder Views on the VMGs Issues Raised Land use concern There has been misuse of land by the various VMGs, specifically the Batwa. BMCT purchased 3 ha of land from the locals for the resettlement of the Batwa (titles are stored at the district), resettled them, each family with a plot of land. The Batwa have, however, constantly rented out their land to other community members for cultivation in spite the consistent district inclusions of VMGs in their agricultural initiatives (aimed at encouraging VMGs’ involvement in cultivation and better methods of farming). District and subcounty support; Both Kanungu and Rukungiri Districts and sub-counties consulted indicated overwhelming support to the scheme developments. With the help of services of extension workers from these authorities, the VMGs in the delineated area have been sensitized about better farming methods, health related aspects, water and sanitation. Implementation of such a project will not only enable actualization of the local authority software initiatives on benchmark of the irrigation scheme (hardware) but will also lead to attainment of the various local development goals/ targets. Poor road network These districts are characterised with very bad terrain and poor road network, accessibility is a problem mainly through the Enengo route. This limits access to markets and other social services and would significantly affect the famers, as they are cheated by the middle men (transporters) in disguise of the poor roads, especially during the wet seasons. Construction of access roads in the scheme will improve communication through road infrastructure development in the project area as well as the district at large. Security concerns Given the fact that the VMGs and the Project area is close to the Queen Elizabeth national park, there is an insecurity threat both from the wildlife and sometimes bad elements in society. Inspite the fact that park management has put in place various safeguards for animal trespass like digging of wide channels around various anticipated access routes of animals to the community, many animals have found their way to the gardens of the VMGs. On the other hand, this has encouraged poaching since VMGs are previously renown hunters. Poverty High poverty levels in the community caused by highly undependable climate, low produces and low market prices, for their produce even if the community would depend farming. The Batwa commonly known as beggars have received many initiatives from various NGOs including BPD, BMCT, and UOBDU, but have not yet embraced self-reliance. Kanungu District, for instance, has persistently provided various crop seeds through their agricultural initiatives but the Batwa have in turn sold such agricultural inputs off. Shortage of cultivation land The relocation sites of the VMGs (camps) in the project area are limited in terms of acreage for cultivation. Implementation of such a scheme, would enhance agricultural productivity of VMGs through establishment of an irrigated agricultural demonstration farm/ mini-scheme to be utilized by the VMGs. This would greatly P a g e | 42 enhance the capacity of the VMGs in agricultural practices. The Batwa camp in Kengoma is characterized with less fertile soils than the one of Kanyashande. If soil conditions in such settlement villages/ camps could be improved into arable land, it would greatly improve the conditions of VMGs and increase project acceptability and ownership by the VMGs. Improved Water access The sited VMGs areas are characterized with few water sources. Both Batwa camps (Kanyantorogo Sub- county, Kanungu District), for instance, have protected few springs in the vicinity a few streams and river (River Ishasha). Supply of agricultural water in this area will improve the water access to the VMGs. P a g e | 43 Appendix 6: Stakeholder Consultation Records P a g e | 44 P a g e | 45 P a g e | 46 P a g e | 47 P a g e | 48 P a g e | 49 P a g e | 50