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Standard TOR For Land Acquisition - Feasibility & DD

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Part 3: Section 6.

Statement of Requirements

A. Introduction

A.1. Background
The Uganda National Roads Authority (UNRA) is responsible for managing,
maintaining and developing the national road network across Uganda. UNRA
became a legal entity in 2006, but officially began operations on 1 st July 2008.
UNRAs Mission is to develop and maintain a national road network that is
responsive to the economic development needs of Uganda, to the safety of all road
users, and to the environmental sustainability of the national roads corridors.
To achieve this requires the roads, road users and roadside communities to be
adequately protected. In the past, protection of the national road network has relied
on the restriction of land use within the Road Reserve, established under the Roads
Act of 1949. There have been problems with this approach, and UNRA has decided
to legally acquire and obtain titles for the land in the road reserve.
UNRA have prepared a Land Acquisition Management System, which provides
detailed guidance on the land acquisition process, which should be followed by the
Consultant.

A.2. Project Information


The Government of Uganda has secured a grant from the European Union to
strengthen the pavement structure and other improvements to the Kampala
Masaka Mbarara Kabale Katuna Road.
The works contractor has already been procured and works have started on some
sections of this road. However, the land acquisition process for the section from
Nsangi to Masaka has not yet been carried out. Acquisition of the road reserve
needs to be completed urgently to avoid costly delays to this section of the road.
The section of road is approximately 41 km and all compensation payments should
be made within 4 months (not including time for Chief Government Valuers
approval). The assignment duration will extend beyond this period to allow for
subsequent processing of land titles, resolution of snag list items and appeals. The
assignment should be substantially completed within 8 months.
Land owners and occupiers will be given 3 months to clear the land after receiving
compensation payments.

A.3. Objectives
The objective of the land acquisition process is to:
a) Acquire the land of the road reserve in accordance with the laws of Uganda
and the requirements of UNRA and the EU

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b) Transfer land titles for the road reserve to UNRA, to be held by Uganda Land
Commission

A.4. Assumptions and Risks


A.4.i. Assumptions
The assumptions for this project are:
i. There is sufficient capacity in the relevant Ministries and associated public
sector organisations (including districts) to ensure timely approvals and
participation;
ii. Local authorities and communities allow and facilitate timely access to sites
within and outside the existing road reserve to allow the necessary surveys
and inspections to be carried out,
iii. UNRA has prepared sufficiently accurate budget, time constraints and
personnel input estimates for the consulting services to allow the Consultants
to prepare good quality work that fully meets the Technical Requirements on
time and to budget,
iv. Funds for land acquisition compensation payments have been allocated and
shall be available as and when needed to meet the overall project programme.

A.4.ii. Risks
Associated with these assumptions are a number of risks. The Consultants are
expected to analyse these risks in preparing technical and financial proposals and to
mitigate against them where possible.
Risks:
a. Approvals relating to compensation strategy are delayed,
b. Access to the proposed site for survey is obstructed, causing delays and
additional work,
c. Unrealistic timeframes and budgets do not allow Consultants to pay due
attention to detail in delivering the Technical Requirements for the services,
d. Lack of funding delays payment of compensation, with consequences of
increased appeals and delays to handover of possession of site.

B. Services to be provided

B.1. Scope of services to be provided


The scope of the services shall include
a) Initial Assessment and design of mitigation measures,

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b) Cadastral Survey of properties in project area,


c) Valuation of compensation to be paid,
The Consultant shall perform all analysis and related works described in the
Technical Requirements below, to support the achievement of the defined project
objectives, and taking into account the requirements of the Government of Uganda.
The Consultant shall be solely responsible for the analysis and interpretation of all
data received, for the conclusions they reach and the recommendations they make.
Consultants are encouraged, where appropriate, to support the wider economic
development of the country by using locally available resources and procuring
equipment and support services through Ugandan registered companies.

B.2. Technical Requirements


The following sub-sections summarise the technical requirements of the services and
key deliverables to be provided by the Consultant. The Consultant shall refer to
UNRAs Land Acquisition Management System, which provides detailed instructions
as to the tasks to be completed, the technical requirements to be met and the
standard forms and templates to be used.
B2.1 Initial Assessment
The Consultant shall carry out an Initial Assessment of all aspects of land acquisition
for the identified section of the project road, in accordance with UNRAs Land
Acquisition Management System (LAMS). The findings of this Initial Assessment
shall be included in an Initial Assessment Report.
The Initial Assessment will comprise:
B2.1.1 Desk Study
Policy and Legal Framework
A summary of the policy and legal framework is provided in Appendix A of the UNRA
LAMS - Policy and Legal Framework. The desk study will include:
A review of the current policy and legal framework, as summarised in
Appendix A of the LAMS and advise UNRA of any errors, omissions or
suggestions for improvement,
Identification of any recently issued policy documents or legislation that may
affect the land acquisition process,
Identification of any local legislation that may affect land acquisition of the
project road.
Institutional Framework
A summary of the institutional framework is provided in Appendix B of the LAMS -
Institutional Framework.

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A review of the summary institutional framework and advise UNRA of any


errors, omissions or suggestions for improvement,
Identification of any recent institutional changes that may affect the land
acquisition process,
A stakeholder analysis and identification of the organisations and individuals to
be involved in the land acquisition process at central, district and local levels.
The stakeholder analysis shall include identification of all persons and
organisations (formal and informal) that:
o Will be directly affected by the road project and the land acquisition
process (e.g. roadside communities and their livelihood sources, utility
providers, socio-economic service providers, communal facilities providers)
o Have a legal requirement to be involved in the land acquisition process
(e.g. central and local government bodies)
o Could help ensure smooth implementation of the land acquisition process
(e.g. community leaders, local NGOs / CBOs)
The analysis should include preparation of a stakeholder matrix, which identifies
different organisations and social groups, the extent to which the project is likely to
impact on them, and their importance in ensuring the Land Acqusition process runs
smoothly.
A project specific Institutional Framework should be prepared which clearly defines
the tasks and responsibilities for the entire process, and should include an
organisation chart or similar, including the names of the individuals concerned. This
should include an assessment of the willingness and capacity of those organisations
and individuals to fulfil their responsibilities and to identify where capacity building /
technical assistance may be required.
Participation Strategy
The participation strategy shall define how each stakeholder will be consulted and
how they will be involved in making decisions on issues that affect them.
The participation strategy shall include:
A District Information Pack, that explains the roles and responsibilities of
district level officers in the land acquisition process,
A Community Information Pack, that provides affected communities with all the
information they need to understand the land acquisition process, how it may
affect them, their entitlements, and what they need to do to make sure they get
paid their compensation on time.
Proposed Road Reserve

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The consultants shall, in accordance with UNRAs strategy for land acquisition and in
liaison with the road design engineers, propose the boundaries for the road reserve,
in accordance with the policy framework. This shall include:
A review of the alignment design and assessment of the road reserve width to
be applied along the route, taking into account any requirements for additional
land take, for example due to high cut / fill slopes and major junctions,
Obtaining copies of Deed Plans and base maps (showing physical features),
and superimposing on the proposed alignment centreline and road reserve
boundaries.
The proposed road reserve should include all land take needed for permanent works,
including drainage and river protection measures.
B2.1.2 Notices and Consultations
Official notices, in accordance with the legal framework, should be issued to notify
those living in the affected areas of the intent to acquire land for the road and of the
need to access land for survey purposes. A copy of all notices should be included
with the Initial Assessment Report.
The exact form of the notices will depend on whether the land is already within the
existing road reserve and whether the outline scheme has been submitted and
approved by the Commissioner for Physical Planning, and the intended project area
declared and gazetted.
The consultant should identify the need for all future public notices associated with
the land acquisition process and agree with the district and UNRA the locations
where these are to be displayed.
The consultations should follow the participation strategy, and should include as a
minimum:
District level meetings to obtain information on compensation rates, to
complete the stakeholder analysis, and to distribute the district information
packs to ensure all parties fully understand their responsibilities
Village level meetings to:
o Raise awareness and distribute the community information packs to
explain the land acquisition process in detail
o Discuss the compensation strategy
o Allow affected communities to raise any concerns relating to land
acquisition
o Obtain information on livelihood strategies, market prices for land and
property, current mailo rents and incomes, etc.

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o Interaction between surveyors and land owners / occupiers to


o Identify and estimate quantities of land and assets likely to be affected
o Identify plots where difficulties are likely to arise, e.g. absentee or
recently deceased title holders, ongoing land disputes
o Identify plots where people are likely to be displaced (i.e. dont have
enough residual land to rebuild their homes on it) and discuss with
them whether they want to be paid compensation or whether they want
assistance in resettlement.
A record of all consultations shall be maintained. Ideally these will be signed by the
parties involved in the consultation as a fair and accurate record of the discussions
held. These will be included as an Appendix to the Initial Assessment Report.
B2.1.3 Field Survey
The field survey involves, as a minimum, a walkover survey and consultation with
land owners / occupiers, by a registered land surveyor and / or registered valuation
surveyor to provide a socio-economic baseline for monitoring and evaluation, and an
initial assessment of:
land use and tenure systems, for estimating compensation costs

current market prices and district approved rates for estimating compensation
costs
livelihoods sources and need for livelihoods protection / mitigation measures

community infrastructure and other items likely to be affected and for which
mitigation measures will need to be developed
the number of owners / occupiers affected and estimated quantities of their
assets for which compensation will need to be paid
the number of families and individuals that will be displaced
A record of the field survey findings shall be maintained. Ideally these will be signed
by the relevant owner / occupier or district officer as a fair and accurate record of the
situation. This will be included in the Initial Assessment Report.
The output of the field survey should include:
i. Maps showing road reserve boundary, registered plots, and residual land that
may need to be acquired,
ii. Indicative Land Inventory, including different land tenure systems, location and
size of plot and proportion affected, land type and use,

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iii. Indicative Property Inventory, including structures (e.g. homes, animal pens,
stores), infrastructure (e.g. water supply and sanitation, utilities connections), and
other assets (trees, crops)
iv. Community Infrastructure inventory, including all socio-economic and
communal services and facilities, utility services and religious / cultural facilities that
may be affected,
v. Indicative Livelihoods Inventory, including identification of vulnerable groups
(e.g. female or child headed households, elderly, disabled, minority groups), income
sources and estimated values, cash and in-kind incomes, access to natural
resources, etc.
Note that this is NOT a full cadastral survey.
B2.1.4 Mitigation Measures
The findings from the field survey should identify where negative impacts are likely to
occur which monetary compensation will not adequately resolve, and for which
alternative mitigation measures are required.
Mitigation measures may include:

Moving or reconstructing personal and community infrastructure (including


access to a road) and structures,
Reconnecting to water supply, sanitation and utilities,

Identifying alternative livelihood opportunities and providing appropriate


training,
Facilitating access to social and economic service providers,

Resettlement of families and providing support to families and communities


during the resettlement process.
Where mitigation measures involve construction works, the Consultant shall ensure
they are included in the detailed design and contract documents for the works
contractor.
Where mitigation measures involve support and development, the Consultant shall
liaise with the local government and NGO service providers to develop plans to
implement the mitigation measures.
B2.1.5 Compensation Strategy
The Compensation Strategy shall define the principles to be adopted in estimating
the compensation costs. This shall include eligibility principles for compensation,
copies of the latest district rates, analysis of current market prices for land and
property, proposed rates for compensation for all asset types for each area along the
project road, payment mechanisms and responsibilities, the documentary evidence
necessary to allow payments to be made, etc.

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Eligibility principles and proposed rates should take into account:


the governments position on using district approved rates, depreciated prices
and disturbance allowances,
how to ensure fair division of compensation between owners and occupiers,
especially on mailo land,
how to price for acquiring land where the existing road is (i.e. carriageway,
shoulders and drainage ditches).
The compensation strategy should define the payment mechanisms and thresholds
for cash payments, stating whether larger sums are to be paid by cheque, bankers
draft or by electronic fund transfer.
The draft compensation strategy should be submitted, via UNRA, to the Chief
Government Valuer for review and approval in principle.
B2.1.6 Implementation Plan
The Implementation Plan should propose exactly how the subsequent tasks of
valuation, compensation and expropriation should proceed, and should include:
Analysis of implementation / progress rates for survey, valuation, verification
and compensation, expropriation, etc appropriate to the population density
along the road (i.e. how many kms per day per team, optimum team size and
composition, etc)
Estimated timings (work plan) for valuation, compensation and expropriation
(to suit anticipated fund availability, procurement of land acquisition
consultants, procurement of contractors and handover of site, phasing of
works, etc).
Estimated costs and resource needs for Valuation, compensation and
expropriation, including allowances for local government representatives and
land acquisition consultants fees and expenses.
A Monitoring and Evaluation Plan

B2.1.7 Cost Estimates


A cost estimate, based on the indicative inventories and field surveys, and broken
down by district or sub-area, and clearly showing the estimates quantities and costs
for:
Compensation to affected families for land, permanent property, and non-
permanent assets,
Physical works mitigation measures to be included in the Works Contract

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Social and economic support mitigation measures and associated costs (e.g.
NGO costs),
Consultants to complete the valuation, compensation and expropriation tasks,

Local government representatives allowances and expenses,

B2.1.8 Initial Assessment Report


The Initial Assessment Report shall summarise all the above tasks, with supporting
documentation provided in Appendices. It should also include a completion report of
the Consultants activities, including team inputs, actual against planned costs and
implementation, difficulties encountered, lessons learned, etc.
The report should follow the standard template prepared by UNRA, and be submitted
to UNRA for approval.

B 2.2 Survey and Valuation


The Consultant shall carry out a survey and valuation of all aspects of land
acquisition for the identified section of the project road, in accordance with UNRAs
Land Acquisition Management System (LAMS). The findings of the survey and
valuation shall be included in a Valuation Report.
The Survey and Valuation exercise builds on work undertaken during the earlier Initial
Assessment (As defined in the UNRA LAMS) A copy of the Initial Assessment
Report and supporting documentation will be provided to the Consultant by UNRA.
The Survey and Valuation Exercise will comprise:
B2.2.1 Review Initial Assessment
This involves a review of the work already done during the Initial Assessment (or
work done to date if there is any overlap), in particular the desk study findings, the
compensation strategy, implementation plan and cost estimates.
It also includes a review of the alignment and earthwork designs, to identify whether
there have been any significant changes since the initial assessment was prepared.
Where any design changes affect the mitigation measures developed under the initial
assessment, the consultant should advise UNRA and the design consultants to
address these in the Environmental and Social Impact Assessment (ESIA).

B2.2.2 Survey and Display Strip Maps


This requires a full cadastral survey, in accordance with the requirements of the
Commissioner for Lands and Surveys and the Chief Government Valuer, to plot land

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boundaries, affected property and large trees or other significant features eligible for
compensation payment.
The purpose of the maps is to:
i. Provide supporting evidence for the valuation exercise,
ii. Provide the plans for transfer of titles and revising deed plans.
In carrying out the survey, the survey team should place physical markers at plot
boundaries and to show the boundary of the land to be acquired for the road reserve.
The plans to support valuation should show the boundaries of all land by owner /
occupier, including on customary land, and all affected assets that can be plotted.
The plans for transfer of titles and revising deed plans only need to show the
registered land boundaries and the proposed boundaries of land to be acquired. The
survey data, including information on the control points used and physical markers
placed to demarcate the property, should be submitted to the Commissioner for
Lands and Surveys for approval. A record of the Commissioners approval of the
plans shall be maintained.
The plans, also known as strip maps, should be displayed in the locations identified
in the Initial Assessment.

B2.2.3 Compensation Principles and Rates


This requires liaison with district officers and Government Valuers to develop the
principles and rates to be proposed for all items eligible for compensation, including:
Current district approved rates for non-permanent property,

Assessment of market rates proposed for land and permanent property,

Payment for land where existing carriageway and shoulders are,

Payment for owners and occupiers of mailo land,

Disturbance allowances,

Attendance allowances and expenses for local government officials to be


present for verification, compensation and expropriation.
The Consultant should also review the payment mechanism and thresholds defined
in the Initial Assessment.
The proposed rates must be submitted at the earliest opportunity, via UNRA, to the
Chief Government Valuer for review and approval.

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B2.2.4 Valuation Assessments


Walkover Survey
The valuation exercise includes a walkover survey, in the presence of the owner /
occupier, of each plot shown on the strip map, to quantify the crops and other assets
eligible for compensation, including an accurate description of affected property. The
walkover survey team should include both a valuer and land surveyor.
A Valuation Assessment Form should be completed and signed by the surveyor and
the owner / occupier to confirm the quantities.
The valuation should include identification of residual land and marginal property, and
discussion and proposals as to how to deal with these. This information will be
detailed on the separate Early Warning Form, which shall be appended to the
Valuation Assessment Form.
In accordance with LP2 of the LAMS, an Assessment Team shall be compiled to
make the final decision on how to deal with residual land and marginal property and
shall include representatives from UNRA, the Detailed Design Consultants, the
Commissioner for Physical Planning, the Chief Government Valuer and the District
Land Office
Their written recommendation shall be entered on to the Early Warning Form.
Valuation Assessment and Inquiry
A hearing shall be held in each village affected by land acquisition, to validate the
quantities on the valuation assessment forms and to hold an inquiry into any
objections.
An assessment board, comprising the Assessment Officer and a representative from
the local council (LC1) shall preside over the hearing.
Each person with a claim to compensation, who wishes to raise an objection, shall
attend the hearing in person or by authorised agent. The assessment board shall
carry out an inquiry and confirm the valuation in accordance with the Valuation
Assessment Form or any necessary revisions resulting from the inquiry.
Details of the final award should be recorded on a Valuation Schedule Form. The
form shall confirm the quantities, the rates (based on the approved compensation
principles and rates) and calculate the total amounts to be paid in compensation.
These forms will be included as an Appendix to the final Valuation Report.
A Valuation Schedule shall be prepared that summarises all the valuation awards and
provides totals by property type and by location.

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B2.2.5 Snag list


A snag list shall be prepared to identify any property where there may be potential
difficulties or obstacles that may delay completion of the acquisition process. These
include property where:
The registered title holder is absent and cannot be easily contacted,

The registered title holder is recently deceased and legal proceedings to


transfer the property to the intended beneficiary have not been completed,
The title or certificate of ownership / occupancy has been lost,

There is an ongoing or potential dispute over the property,

Any other event or concern may delay acquisition.


The snag list shall be in matrix form identifying the problem, the options considered
to solve the difficulty, the recommended solution, who is responsible for implementing
and overseeing the solution and the timescale for doing so. The snag list shall be
updated regularly as items are resolved.
.
B2.2.6 Valuation Report
The Valuation Report shall summarise all the above tasks, with supporting
documentation provided in Appendices. It should also include a completion report of
the Consultants activities, including team inputs, actual against planned costs and
implementation, difficulties encountered, lessons learned, etc.
The report should follow the standard template prepared by UNRA, and be submitted
to UNRA for review and approval. UNRA will then submit the report to the CGV for
final approval.

C. Logistics and Timing

C.1. Timing
The approximate timing for the project and services assumes a start date of 2nd April
2009.
The Initial Assessment Report should be submitted to UNRA by the 2nd April 2009.

C.2. Facilities, services and resources to be provided by UNRA


UNRA shall provide the consultant with all available reports on the alignment design
and road reserve boundaries. A copy of the Land Acquisition Management System is
available from UNRA and should be reviewed as part of the bid preparation.
UNRA will facilitate liaison with, and the cooperation of, Government Ministries and
other organisations as necessary for the Consultant to perform the services and to

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follow protocols to ensure effective and efficient implementation of the services and
subsequent works.

C.3. Facilities, services and resources to be provided by the


Consultant
The Consultant shall:
(a) Make all necessary arrangements for carrying out the services and supporting
the staff assigned to the project. This shall include office and living
accommodation, equipment, transport, telecommunications, office and other
supplies etc.
(b) Ensure that the Team Leader and Experts have the full authority, in country, to
make any technical decisions necessary to complete the services as required.

D. Management and Administration

D.1. Quality Management


The Consultants shall implement a Quality Management System for the assignment
in accordance with ISO 9001 requirements, either within the framework of their own
organisations quality management systems or specifically for this assignment. In
particular, the Consultants shall prepare a Project Control Plan that shall define how
they intended to ensure Key Deliverables are produced on time, within budget and to
the technical standards required. The Project Control Plan shall include:
1. Work schedule and timeliness controls
2. Budget and cost controls (earned value analysis)
3. Technical verification and quality controls
4. Risk management controls
5. Document controls
6. Project reviews and progress reporting requirements
7. Quality Records to be maintained
The Consultant shall submit the Project Control Plan to UNRA for review and
approval. UNRA reserves the right to carry out audits to assess whether the
Consultant is complying with their Quality Management System and Project Control
Plan. The Consultant shall include Quality Management issues in their Quarterly
Reports.

D.2. Reporting Requirements


D.2.i. Progress Reports
The Consultant shall prepare the following project planning and progress reports
using the standard reporting templates available from UNRA. As part of the report

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preparation process, the Consultant shall assist UNRA in ensuring that these
templates are appropriate and useful for monitoring and measuring project progress.
Report Timing Description
Inception Report End week 2 Confirm methodology and work plan, task assignment,
project team and staff schedule, project control plan.
Monthly Monthly* Concise summary of progress and key achievements in
Progress previous month; planned activities for coming month; EVA
Reports or similar update, identify critical issues to be addressed.
D.2.ii. Technical Reports
In addition to the progress reports, the Consultant shall prepare an Initial Assessment
Report as defined above and in accordance with the UNRA LAMS.

E. Client Liaison and Feedback


The Consultant shall report to the UNRA Land Acquisition Specialist, identified in the
Bid Data Sheet, on all matters relating to the assignment. The Consultant shall work
closely with UNRA and / or their representatives to ensure the smooth running of the
project and timely completion of the assignment.
The Consultant shall provide constructive feedback on all aspects of the assignment
and UNRA issued documentation, and assist them in their efforts of continual
improvement.

E.1. Any other details or requirements relevant to the assignment.


Bidders shall follow the PPDAs Code of Ethical Conduct for Bidders and Providers in
preparing their bids and in carrying out any subsequent work for UNRA.

F. Professional Staff
The Consultant shall propose a team of experts that is fully able to deliver the
services in accordance with the technical requirements defined in this TOR and its
Annexes.

F.1. Key Personnel


The consultants team shall include as a minimum:
Team Leader / Senior Valuation Surveyor (1)

Senior Land Surveyor (1)

Land Surveyors (2)

Valuation Surveyors (2)

Sociologist / Social Development Specialist (1)

Accountant (1)

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Speedy implementation is essential to the successful completion of this assignment.


The Consultant should aim to provide more than one survey and valuation team if
possible to ensure the completion target dates are met.
The Consultant shall include in their financial proposal provision for all necessary
support staff.

F.2. Qualifications and Experience of Key Personnel


Position Qualifications and Experience
Team Leader / Senior Valuation Degree in land economics or equivalent.
Surveyor Minimum 15 years postgraduate experience.
Registered to practice as a valuer in Uganda.
At least 8 years experience in valuation and
compensation of properties associated with
infrastructure development in Uganda.
Working knowledge of laws and government
requirements relating to land acquisition.
Senior Surveyor Degree in land surveying or equivalent.
Minimum 10 years postgraduate experience.
Registered to practice as a land surveyor in
Uganda.
At least 8 years experience in surveying for
road design, route location, topography and
cadastral survey.
Working knowledge of government
requirements relating to land survey.
Land Surveyor Diploma in land surveying or equivalent.
Minimum 8 years postgraduate experience.
At least 4 years experience in surveying for
road design, route location, topography and
cadastral survey.
Valuation Surveyor Diploma in land economics or equivalent.
Minimum 8 years postgraduate experience.
At least 4 years experience in valuation and
compensation of properties associated with
infrastructure development in Uganda.
Sociologist / Social Degree in social sciences.
Development Specialist Minimum 10 years relevant postgraduate
experience.
Experience in sensitising communities for
complex issues, community participation
approaches, conducting socio-economic

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surveys.
Experience in social impact or community
participation relating to road projects in
Uganda.

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