Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in - Project ID: P 126498

REPUBLIC OF RWANDA Public Disclosure Authorized

Public Disclosure Authorized

MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES (MINAGRI) RWANDA FEEDER ROADS DEVELOPMENT PROJECT (RFRDP)

Public Disclosure Authorized FINAL REPORT

UPDATED RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS OF

Public Disclosure Authorized

Prepared in November 2013 and Revised in February 2017

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BASIC DATA OF RAP

No Description Impacts in Quantity 1 District Nyamasheke 2 Province Western Province 3 Planned Civil works Construction/Rehabilitation/ upgrading of Roads, Drainage and Bridges 4 Cost of Civil works(feasibility study for 192 km) 17.76 million USD 5 Cost of Civil works (feasibility study for 52.3 km) 5,141,300 USD 221,218,422Frw 6 Cost of RAP 7 Total affected households 1,169 8 Total Number of affected persons 6,312 9 Number of households be physically displaced 31 10 Number of households who lose houses partially 0 11 Private fences affected 3 12 Number of institutional buildings affected fully 0 13 Number of institutional buildings affected partially 0 14 Number of institutional fences in meters 0 16 Loss of land permanently in hectares 16.6 17 Loss of agricultural land (Crops and trees) in hectares 13.3 18 Loss of settlements land in Hectares 3.3 19 Number of households who lose strips of lands in RoW 1,169 20 Loss of trees in Number 9,430 21 Loss of telephone line affected in meters 0 22 Public water taps 0 23 Cemeteries 0 24 Partially affected households 1,169

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EXECUTIVE SUMMARY Rwanda has four provinces (East, West, North and South) and City1. The District of Nyamasheke is one of the 7 Districts composing the Western Province and has 12 Sectors namely Bushekeri, Cyato, Kagano, Kanjongo, Karambi, Karengera, Kilimbi, Macuba, Mahembe, Rangiro, Ruharambuge and Shangi. The district of Nyamasheke is about 260 km by road from Kigali, through Huye and Nyamagabe Districts and it can be approached via National Road (NR)-1 and NR 6. The total area of the district is 1,175 km2 (including 225.85 km² of Nyungwe forest and 346.53 km² of Lake Kivu) with a total population of 383,138 people. The population density is 335 people / Km2. The Ministry of Agriculture and Animal Resources is planning to develop feeder roads in the district. The total length planned is about 52.3 km in 4 road sections.

The main objective of the assignment is to have the Ministry of Agriculture and Animal Resources (MINAGRI), Government of Rwanda (GOR) review and update the resettlement safeguard measures prepared by Rwanda Transport Development Agency (RTDA). The specific objectives are to review and update the:  Resettlement Action Plan for Nyamasheke feeder Roads of November 2013 by undertaking independent assessment of existing report which was developed based on the feasibility study to accommodate the land acquisition changes after the detailed design. To ensure that the RAP is in line with new laws, guidelines, policies and regulation of Government of Rwanda (GOR) and the operation policies and safeguards measures of the World Bank (WB). Approach and Methodology: The Project Safeguards Team reviewed the Nyamasheke RAP report prepared and disclosed in November 2013 as well as the Nyamasheke Design Report in July 2015 and carried out census for PAPs assets identification and valuation. In the Nyamasheke RAP report of November 2013, the actual number of people likely to be affected due to the development of the project was not identified. The missing data were collected, compiled and analyzed during field studies. Participation of stakeholders has also been taken into consideration in formulating the approach and methodology for the study. The study was conducted in such a manner and procedure so that it fulfills the requirements of Government of Rwanda, and the World Bank’s Operational Policy 4.12 (Involuntary Resettlement). The cost of resettlement action plan and monitoring programs were estimated and budgeted for based on norms available in Government of Rwanda notifications and market rates analysis. The Rwanda National Acts, Legislation and Laws were consulted with a view to ensure compliance with various requirements.

1Geography of Rwanda, Wikipedia, the free Encyclopedia 2 www.citypopulation.de/php/rwanda

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Baseline Data and Impacts Assessment: The existing ROW along the project roads varies in the range of 3-6 m. The data has been collected and compiled for 4.5 to 5.5 m on either side from central line of the road. The loss of houses will be 31 in number and about 16.6 ha of land will be acquired permanently for project activities. The land use of this land is Agriculture- 13.3 ha; settlement land -3.3 ha.

It is estimated that 9,430 trees are likely to be cut for expansion of feeder roads outside the forest area. In all about 1,169 Households will be affected. The resettlement and compensation of crops, trees and houses will be made as per the terms of this RAP. Most of these households will be partially affected by losing land, crops and trees except 31 households that will lose houses. The land to be acquired is private domain and will be compensated for. It is worth to note that from 2010 most of the land in the country has been registered and we have observed two categories of landholders being property owners and tenant. No squatters or informal landholders were identified along selected roads.

Entitlement for Compensation: The valuation of crops, houses and land will be made as per the law of Rwanda and the World Bank OP 4.12, thus, replacement cost will be adopted. In the process, special attention will be given for Project Affected People (PAP) who will resettle to other places. The Rwanda expropriation law for public interest and policy of the Government of Rwanda and World Bank Guideline OP 4.12 will be followed for compensation (where there is a difference between the two, OP 4.12 will prevail). In addition, to Entitlement for compensation, the feeder Roads project will assist vulnerable people to improve their livelihoods. The entitlement Matrix is presented below: Entitlement Matrix

Category Type of ENTITLEMENTS of PAP Loss Compensation Compensation for Compensation Moving Other Assistance for Loss of Loss of land for Loss of Allowance

Structures Income Property Loss of ------The land acquired for ------Disturbance allowances Owners land road widening will be 5%, registration/ transfer compensated in cash fees because none of them move away from his Provision of tree seedlings, agricultural plot inputs, job opportunities and and facilitation for health insurance and other government support, etc. to vulnerable PAPs.

Capacity building of severely affected PAPs

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and vulnerable groups to maintain and/or improve their income generation potential. Job opportunities to all PAPs

Tempora Rental allowances Land will be rehabilitated ry loss of based on annual after laterite extraction and given back to their land due land output and respective owners to site costs associated with land installati preparation and on and crop management borrow pits Loss of Compensation For lost rental Coverage of Disturbance structure at full income, Lump full cost for allowance & right to salvage replacement sum cash total materials without value not payment of 6 transport deduction from depreciated, months’ rent expenses compensation taking into per tenant account market Provision of tree seedlings, agricultural values for inputs, job opportunities structures and and facilitation for health materials or insurance and other possibility of government support, etc. to vulnerable PAPs. relocating to

new Capacity building of settlement severely affected PAPs and vulnerable groups to maintain and/or improve their income generation potential.

If need to relocate, relocation assistance (coverage of costs of transport & assistance to find alternative secured accommodation, preferably in the community of residence through involvement of the project) Loss of Cash Disturbance allowances forest compensation Trees based on type, Planting of trees in the age and buffer zone of the productive value developed roads to

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of affected trees replace for the removed ones and protect rehabilitated roads Loss of Cash Disturbance allowance crops compensation (including based on the tree type, age and crops) market value of the mature crop in the scarce season, whichever is greater. Property Loss of payment of Six Coverage of Disturbance allowance lease rental months’ rent full cost for holders/T accommo total enant dation transport expenses Loss of Cash Disturbance crops compensation allowances (including based on the tree type, age and crops) market value of the mature crop in the scarce season, for the remaining period of the tenancy/lease Squatter Loss of Cash Relocation Disturbance allowance, s/ structure compensation assistance informal at full (coverage of Right to salvage dwellers replacement costs of materials without deduction from * cost not transport & compensation depreciated, assistance

taking into to find Provision of tree account market alternative seedlings, agricultural values for secured inputs, job opportunities structures and accommoda and facilitation for health insurance and other materials. tion, government support, etc. preferably to vulnerable PAPs in the community Capacity building of of residence severely affected PAPs through and vulnerable groups involvement to maintain and/or improve their income

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of the generation potential. project)

All PAPs Loss of Cash For lost rental Coverage of Right to salvage (whethe assets compensation income, Lump full cost for materials without r owner, due to for any assets sum cash total deduction from tenant temporar affected (e.g. payment of 6 transport compensation, or y land houses, fences months’ rent expenses Relocation assistance informal acquisitio demolished, per tenant and (coverage of costs of dweller) n trees provision of plot public water taps removed), in the selling construction, selling relocation and point to be points, etc) construction of constructed by new public the Project Assistance of water taps, vulnerable poor people water tanks, for livelihood construction of reestablishment (ie Provision of tree selling points, seedlings, agricultural etc inputs, job opportunities and facilitation for health insurance and other government support,, etc).

Public Consultation: During public consultation few recommendation are drawn as: i) Involve local communities in all stages of project planning and development, ii) permanent communication between projector initiators and local authorities, iii) for RAP a cut-off has to be determined as per Rwanda Resettlement Policy Framework iv) All people whose properties have been affected by the project have to be compensated for loss of land, crops and trees as provided for in this RAP, v) Grievance redress and monitoring register have to be set-up and the process be publicized in the affected areas vi) During construction, PAPs shall be given first priority in the employment of skilled and unskilled manpower. During public consultation following points have emerged:  The project Affected People will prefer monetary compensation for their houses,

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 The roadside vendors have given their choice near the market or cell / sector resettlement scheme;  Farmers have also indicated money / cash compensation for agriculture land, crops and trees;  Most of the PAPs are looking some forms of incentives for themselves from the projects such as regular/ temporary jobs.  Poorest vulnerable PAPs requested to be assisted to improve their livelihoods.

Resettlement Costs: The cost of the interventions to improve the priority roads with a total length of 52.3 km will be US$ 5,141,300 USD million with an average unit cost of US$ 97,904. The RAP cost is estimated to 221,218,422 Frw, 5% contingency rate and monitoring and training cost inclusive.The details are as follows:  Resettlement Action Plan : 178,084,453 Frw  Resettlement Action Plan Monitoring : 32,599,758 Frw  Contingency rate (5%) : 10,534,211 Frw

Conclusion: It could be concluded that project will bring benefit to people such as fast mobility from one place to another for humans and produce. The resettlement impacts are within the manageable limits and can be mitigated with the proposed resettlement management plans and payment of compensation and hence the implementation of the project is in the public interest.

*:Squatters or informal dwellers do not exist in Rwanda but they were precautionary mentionned

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INCAMAKE3 U Rwanda rugizwe n’Intara enye (Intara y’amajyepfo, Intara y’amajyaruguru, iy’Iburasirazuba n’Intara y’iburengerazuba) n’Umujyi wa Kigali. Akarere ka Nyamasheke ni kamwe mu turere turindwi tugize intara y’Iburengerazuba kakaba kagizwe n’imirenge 12 ariyo Bushekeri, Cyato, Kagano, Kanjongo, Karambi, Karengera, Kilimbi, Macuba, Mahembe, Rangiro, Ruharambuge na Shangi. Akarere ka Nyamasheke gaherereye kuri 250 km uturutse i Kigali unyuze Huye na Nyamagabe cyangwa 180 Km unyuze i Karongi. Akarere ka Nyamasheke gafite ubuso bungana na 1,175 km² (ubariyemo 225.85 km² buri muri Nyungwe na 346.53 km² buri mu Kiyaga cya Kivu) n’abaturage bangana na 383,138. Ubucucike bw’abaturage bungana na 335 kuri km2.

Minisiteri y’Ubuhinzi n’Ubworozi irateganya gutunganya imihanda yo mu Karere ka Nyamasheke. Uburebure bw’imihanda 4 buteganywa gukorwa ni 52.3 Km.

Intego nyamukuru y’iyi nyigo n’iyo gufasha Minisiteri y’Ubuhinzi n’Ubworozi (MINAGRI) gukosora raporo ya gahunda y’ibikorwa byo kwimura no gutuza abazangirizwa n’ikorwa ry’imihanda (RAP) yakozwe n’Ikigo gishinzwe iterambere rya ry’imihanda mu Rwanda (RTDA). Aka kazi kazibanda ku nshingano zihariye zikurikira:

 Gukosora no kuzuza raporo yakozwe na RTDA hashingiwe kuri raporo y’inyigo tekiniki nshya n’ibarura ry’ibishobora kwangizwa n’itunganywa ry’imihanda;  Gutunganya neza raporo igashyirwa ku rwego rukurikije ibisabwa n’amategeko y’u Rwanda n’aya Banki.

Uburyo bwo gukusanya ibikenewe: Gutunganya iyo raporo byashingiye ku bisabwa mu bitabo by’ipiganwa hagamijwe kongeramo imibare mishya yagaragajwe n’inyigo nshya ndetse n’ibarura ryakozwe. Ibyaba bibuze muri iyo raporo byamaze kugaragazwa.Imibare ikenewe yarakusanyijwe irasesengurwa. Uruhare rw’abafatanyabikorwa bose narwo rwatekerejweho mu gihe hategurwa gahunda izakurikizwa mu gukusanya ibikenewe. Iyi nyigo izakorwa mu buryo izahuzwa n’ibiteganywa n’amategeko y’u Rwanda na Banki. Igiciro cyo gushyira mu bikorwa gahunda y’iyimurwa ry’abazangirizwa n’ikorwa ry’imihanda ndetse n’ikurikiranabikorwa cyarateganyijwe hagendewe ku mategeko y’u Rwanda n’igiciro ku isoko. Amategeko y’u Rwanda ajyanye no kwimura abantu ku nyungu rusange yarakoreshejwe.

Imibare-fatizo n’Isesengurwa ry’ingaruka: Imihanda yo mu Karere Umushinga uzakoreramo ifite ubugari buri hagati ya 3-6 m. Imibare yakusanyijwe kuri 4.5-5.5 m ya buri ruhande rw’umuhanda uhereye ku murongo ugabanya umuhanda mo kabiri. Amazu azangizwa n’iyagurwa ry’imihanda ni 31, hakazanakenerwa 16.6 ha z’ubutaka. Ubutaka bungana na 13.3 ha, bukoreshwa mu buhinzi naho ubusigaye bwa 3.3 ha bukaba butuweho. Hafi ibiti 9,430 bishobora kuzangizwa mu gihe cy’iyagurwa ry’imihanda. Imiryango 1,169 niyo ifite ibikorwa bizangizwa n’Umushinga. Kwimura no kwishyura imyaka, ibiti n’amazu bizakorwa hakurikijwe amategeko y’u Rwanda.

3: Translation of the executive summary in local language (Kinyarwanda)

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Imiryango myinshi izatakaza gusa ubutaka, ibihingwa n’ibiti usibye imiryango 31 izatakaza amazu. Ubutaka buzatakara buri mu mutungo wa Leta. Ni byiza kwibutsa ko kuva mu 2010, mu Rwanda hatangiye igikorwa cyo kwandika ubutaka; hakaba haragaragaye ibyiciro bibiri by’imikoreshereze y’ubutaka: ba nyirubutaka n’abakodesha.

Uburenganzira ku nyishyu ikwiye: Kwimura no gutanga indishyi ku myaka, amazu n’ubutaka bizakorwa hakurikijwe amategeko y’u Rwanda, ndetse aho bishobotse, hakoreshwe igiciro kiri ku isoko. Ubutaka buzangizwa ntibuzishyurwa kuko bubarirwa mu mutungo wa Leta. Abazimurirwa ahandi bazitabwaho by’umwihariko. Itegeko ry’u Rwanda ryo kwimura abantu mu nyungu rusange ndetse n’irya banki (OP 4.12) bizakurikizwa mu gutanga indishyi ikwiye (aho bigaragara ko ayo mategeko abusanya, hazakoreshwa irya banki). Usibye kwishyura ibizangirika, Umushinga wo gutunganya imihanda uteganya gahunda yihariye yo kwita ku batishoboye kugira ngo imibereho yabo irusheho kuba myiza. Imbonerahamwe ikurikira iragaragaza uburenganzira ku nyishyu ikwiye:

Icyiciro Icyiciro Uburenganzira ku nyishyu cya PAPs cy’ibyangijwe Inyishyu ku Inyishyu ku butaka Inyishyu ku Ubwishyu Ubundi nyubako bwangijwe nyungu bw’urugendo bufasha zangijwe zatakajwe

Nyirumutu Ubutaka Ubutaka buzangizwa Gutanga n go bwatakajwe n’iyagurwa ry’umuhanda inyishyu burundu buzishyurwa y’ihungabana (5%), kwishyura amafaranga yo guhindura ibyangombwa

Gutanga imbuto, akazi, no gukora ubuvugizi ngo abakene bagerweho n’ubufasha Leta ibagenera

Guhabwa akazi

Ubutaka Ahazakurwa laterite Ubukode ku bwatakajwe hazasubiranywa neza butaka by’agateganyo mbere y’uko hasubizwa ba Nyiraho

Inyubako Inyishyu ikwiye Kwishyura Gutanga zangijwe ku nyubako amafaranga inyishyu zizangizwa y’urugendo zizishyurwa y’ihungabana hashingiwe ku gaciro k’inyubako no ku giciro kiri ku

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isoko.

Ibiti byangijwe Inyishyu ikwiye Gutera ibiti izatangwa mu bisimbura mafaranga y’u ibyangijwe Rwanda hashingiwe ku bwoko, imyaka n’agaciro k’igiti kizangizwa

Ibihingwa Abafite ibikorwa Gutanga byangijwe bizangizwa inyishyu (ubariyemo n’umushinga y’ihungabana ibiti by’imbuto (PAPs) ziribwa) bazategerezwa basarure imyaka yabo. Naho imyaka idashobora kuzaba yasaruwe mu gihe cy’imirimo, izishyurwa mu mafaranga nk’uko amategeko y’u Rwanda abiteganya. Aba PAPs kandi bazahabwa ingemwe z’ibiti mu rwego rwo gusimbura ibizaba byangiritse.

Ibihingwa Abafite ibikorwa Gutanga byangijwe bizangizwa inyishyu Umukode (ubariyemo n’umushinga y’ihungabana ibiti by’imbuto (PAPs) ziribwa) bazategerezwa basarure imyaka yabo. Naho imyaka idashobora kuzaba yasaruwe mu gihe cy’imirimo, izishyurwa mu mafaranga nk’uko amategeko y’u

Rwanda abiteganya.

Inyubako PAPs bazafashwa Kwishyura Kubakirwa ahantu zikodeshwa kubona amafaranga ho gucururiza zangijwe amacumbi; y’urugendo Gutanga imbuto, akazi, no gukora ubuvugizi ngo

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abakene bagerweho n’ubufasha Leta ibagenera

Abazabang Imitungo Inyishyu ikwiye Ubukode Kwishyura Kwimura no amirwa izangizwa ku mitungo bw’amezi 6 amafaranga kubaka amariba, n’ibikorwa kubera izangizwa buzishyurwa y’urugendo aho gucururiza, by’umushi ibikorwa (amazu, urugo, abakodesha etc nga ibiti, etc). bazatakaza aho bakodeshaga Gufasha Kwimura no abatishoboye kubaka amariba kugira ngo ndetse n’ahantu basubizwe ho gucururiza ubuzima busanzwe (kubaha imbuto, ibikoresho, etc)

Inama menyekanishabikorwa: Mu nama menyekanishabikorwa, hemejwe ko (i) abagenerwabikorwa bagomba kugira uruhare mu byiciro byose by’Umushinga kuva mu itegurwa kugera mu ishyirwa mu bikorwa ryawo; (ii) guhanahana amakuru hagati y’ubuyobozi by’umushinga n’ubw’inzego z’ibanze; (iii) italiki abazangirizwa batagomba kugira ibikorwa bishya kandi bimara igihe bakora igomba kwemezwa, (iv) abazangirizwa bazahabwa indishyi ku mitungo izangizwa; (v) Igitabo cyandikwamo uko ibibazo byakemuwe n’ikurikiranywa ryabyo kigomba gushyirwaho; (iv) mu gihe cy’imirimo, abazangirizwa ibikorwa bagomba guhabwa akazi.

Mu gihe cy’inama menyekanishabikorwa, hifujwe ibi bikurikira:

. Imiryango ifite amazu ashobora kuzimurwa bifuje ko bahabwa inyishyu ikwiye y’amazu yabo;

. Abasanzwe bakora ubucuruzi bifuje gutuzwa hafi y’isoko, cyangwa mu midugudu ku Kagali cyangwa ku Murenge; . Abazatakaza imyaka n’ibiti, bifuje guhabwa indishyi mu mafaranga;

. Abafite ibikorwa bizangirika bifuje kandi gufashwa mu kubona akazi mu mirimo iteganyijwe; . Abakene bafite ibikorwa bizangizwa n’ikorwa ry’imihanda basabye gufashwa kugira ngo imibereho yabo ibe myiza.

Igiciro cyo kwimura: Imirimo yo gutunganya imihanda ine ifite uburebure bwa 52.3 km izatwara miliyoni 5,141,300 z’amadorari y’Amerika, aho igiciro cya 1km kibarirwa 97,904 $US. Amafaranga ateganyirijwe gahunda yo kwimura no gutuza abazangirizwa ibikorwa no gukora imihanda ni 221,218,422 Frw,ubariyemo ayo 5% y’ibitateganyijwe no gukurikirana ibikorwa n’amahugurwa; agabanyije mu buryo bukurikira:  Kwimura no Gutuza Abazangirizwa n’ikorwa ry’imihanda : 178,084,453 Frw  Gukurikirana gahunda yo kwimura no gutuza abazangirizwa n’ikorwa ry’imihanda

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: 32,599,758 Frw  Amafaranga adateganyijwe (5%) : 10,534,211 Frw

Muri rusange, ibikorwa byo kwagura imihanda bizagirira akamaro abaturage bo mu Karere umushinga ukoreramo. Gahunda yateganyijwe yo kwimura abantu no gutanga indishyi ikwiye zishobora guhagarika cyangwa kugabanya ingaruka mbi zaterwa no kubimura. Ibi bikaba bigaragaza ko ishyirwa mu bikorwa ry’uyu mushinga rigamije inyungu rusange.

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TABLE OF CONTENT

BASIC DATA OF RAP ...... 2 EXECUTIVE SUMMARY ...... 3 INCAMAKE3 ...... 9 TABLE OF CONTENT ...... 14 LIST OF TABLES ...... 16 LIST OF FIGURES ...... 16 LIST OF ANNEXURE ...... 16 ABBREVIATIONS ...... 17 1. INTRODUCTION ...... 18 1.1. BACKGROUND ...... 18 1.2. RESETTLEMENT ACTION PLAN OBJECTIVES ...... 19 1.3. APPROACH AND METHODOLOGY ...... 20 1.4. FORMAT OF THE REPORT ...... 20 2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ...... 22 2.1. NATIONAL RELEVANT POLICIES AND STRATEGIES ...... 22 2.1.1. National Land Policy ...... 22 2.1.2. National Development Strategy ...... 22 2.1.3. Land Tenure System and Provisions in Rwanda ...... 23 2.2. LEGAL INSTRUMENTS ...... 23 2.2.1. Important Resettlement Legislations ...... 23 2.2.2. World Bank Policy (OP 4.12) ...... 26 2.3. ELIGIBILITY CRITERIA FOR RESETTLEMENT ...... 31 2.3.1 Cut-off Date ...... 31 2.4. INSTITUTIONAL ARRANGEMENT AND FRAMEWORK ...... 36 3. PROJECT DESCRIPTION ...... 38 3.1. PROJECT LOCATION ...... 38 3.2. OBJECTIVES OF THE PROJECT ...... 38 3.3. BRIEF DESCRIPTION OF PROJECT FEEDER ROADS...... 38 4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE ...... 41 4.1. SOCIO-ECONOMIC STATUS OF NYAMASHEKE DISTRICT ...... 41 4.1.1. Demographic ...... 41 4.1.2. Socio-Economic Baseline of District ...... 41 4.1.3. Distance to facilities/services ...... 41 4.1.4. Economic Activity and Income Sources ...... 42 4.2. POPULATION ON ROW...... 42 4.3. SOCIO-ECONOMIC CONDITIONS OF PAPs ...... 42 4.3.1. Family Size ...... 42 4.3.2. Marital Status of PAP ...... 43 4.3.3. Employment status of PAP ...... 43 4.3.4. Vulnerability of PAP ...... 44

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4.3.5. Housing conditions of the PAPS ...... 44 4.3.6. House Conveniences and their Conditions ...... 45 4.4. RESETTLEMENT IMPLICATIONS ...... 46 4.4.1 Loss of Houses ...... 46 4.4.2 Loss of Land, trees and crops ...... 46 4.4.3 Loss of Facilities ...... 47 4.4.4 Summary of Losses ...... 47 4.4.5 Impacts Analysis ...... 48 4.5. PUBLIC CONSULTATIONS AND PARTICIPATION ...... 50 4.5.1 Stakeholders ...... 50 4.5.2 Public Participation – Methods and Process ...... 51 4.5.3 Findings FROM Public Consultation Meeting ...... 51 4.5.4 VERIFICATION AND DISCLOSURE OF ENTITLEMENTS...... 55 4.5.5 OTHER MEETINGS AND CONSULTATIONS ...... 55 5. RESETTLEMENT ACTION PLAN IMPLEMENTATION FRAMEWORK ...... 56 5.1. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS ...... 56 5.2. CRITERIA FOR EXPROPRIATION AND COMPENSATION ...... 59 5.3. VALUATION AND COMPENSATION ...... 60 5.3.1. Compensation for Crops and Trees ...... 60 5.3.2. Compensation for Houses and Other Structures ...... 61 5.3.3. Compensation for Land ...... 62 5.3.4. Assistance to vulnerable people ...... 62 5.3.5. Project related job opportunities ...... 63 5.3.6. Resettlement measures for each category of eligible PAPs ...... 63 5.3.7. Payment modalities and responsibilities of all stakeholders ...... 63 5.4. COMPLAINTS PROCEDURE ...... 64 5.4.1. Grievance Redress Mechanisms ...... 65 5.5. MONITORING AND EVALUATION ...... 67 5.6. DISCLOSURE OF SOCIALSAFEGUARDS INSTRUMENTS ...... 70 5.7. BUDGET FOR RAP IMPLEMENTATION ...... 71 5.8. IMPLEMENTATION SCHEDULES ...... 74 6. CONCLUSION AND RECOMMENDATIONS ...... 75 6.1. CONCLUSION ...... 75 6.2. Recommandations ...... 75 ANNEXES ...... 77

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LIST OF TABLES

Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations ...... 27 Table 2: Entitlement Matrix ...... 32 Table 3: Selected Roads in Nyamashekedistrict ...... 40 Table 4: Family Size of the Households ...... 43 Table 5: Marital Status of Respondents in Household Surveyed ...... 43 Table 6: Employment Status of PAPs ...... 44 Table 7: Vulnerable PAP ...... 44 Table 8: Housing conditions …………………………………………………………………………………………………………………… 45 Table 9: Details of houses on roadsides …………………………………………………………………………………………………. 46 Table 10: Loss of Land or Land Use Change ...... 47 Table 11: Loss of structure on Road Side ...... 47 Table 12: Loss of Property on Road Side ...... 47 Table 13: Impact Analysis ...... 49 Table 14: List of Authorities Consulted in Nyamasheke District ...... 51 Table 15: Summary of public consultations in Nyamasheke District ……………………………………………………… 53 Table 16: Implementing Institutions and their responsibility …………………………………………………………………. 56 Table 17: Grievance redress committee… ………………………………………………………………………………………………. 59 Table 18: Actions recommended for livelihood restoration of vulnerable PAPs..……………………………………. 62 Table 19: Resettlement measures accepted for each PAPs category ………………………………………………………. 63 Table 20: Resettlement and compensation monitoring programme ………………………………………………………. 69 Table 21: Price for land in different sectors of Nyamasheke District ………………………………………………………..71 Table 22: Compensation Rates for crops ………………………………………………………………………………………………….72 Table 23: Compensation Rates for Building/House ...... 72 Table 24: Tree compensation Rates ………………………………………………………………………………………………………. 72 Table 25: Resettlement action plan estimates / Budget ……………………………………………………………………….....72 Table 26: Implementation schedule of the RAP …………………………………………………………………………………….. 74

LIST OF FIGURES Figure 1: Location of Nyamasheke District in Rwanda ...... 19 Figure 2: Locations of Feeder Roads in Nyamaskeke District and Their Priority ...... 39

LIST OF ANNEXURE Annexure 1: Study Team ...... 77 Annexure 2: Team for updating the resettlement action plan ...... 77 Annexure 3: DEFINITION USED RAP ...... 77 Annexure 4: Questionnaire for Social Survey ...... 80 Annexure 5:Attendance list for public consultation Meeting in Nyamasheke District ...... 83

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ABBREVIATIONS

DLB : District land Bureau EDPRS : Economic Development and Poverty Reduction Strategy EIA : Environmental Impact Assessment ECV 3 : Third Integrated Household Living Conditions Survey( French abbreviation) ESIA : Environmental and Social Impact Assessment ESMP : Environmental and Social Management Plan FS : Feasibility Studies FGD : Focused Group Discussion GOR : Government of Rwanda IL : Impact Level MINAGRI : Ministry of Agriculture and Animal Resources MINIRENA : Ministry of Natural Resources NGOs : Non-Governmental Organizations NR : National Road OP : Operation Policy PAPs : Project Affected Persons RAP : Resettlement Action Plan RDB : Rwanda Development Board RDTA : Road Transport Development Agency REMA : Rwanda Environmental Management Authority RFRDP : Rwanda Feeder Roads Development Project RNRA : Rwanda National Resources Authority ROW : Right of Way Sq. mi : Squire Mile ToR : Terms of Reference WB : World Bank WHO : World Health Organization

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1. INTRODUCTION 1.1. BACKGROUND Rwanda has four provinces (East, West, North and South) and Kigali City. The District of Nyamasheke is in Western Province of Rwanda and has 12 Sectors namely Bushekeri, Cyato, Kagano, Kanjongo, Karambi, Karengera, Kilimbi, Macuba, Mahembe, Rangiro, Ruharambuge and Shangi. The district of Nyamasheke is about 250 km by road from Kigali, through Huye and Nyamagabe Districts or 180 Km from Kigali, through Karongi Districtand can be approached via National Road (NR)-1 and NR-6. The total area of the district is 1,175 km2 with a population density of 335 people /sq Km3. The Ministry of Agriculture and Animal Resources is planning to develop feeder roads in the district. The total length planned is about 52.3km in 4 road sections. The Figure 1 indicates the location of Nyamasheke District in Rwanda. The Nyamasheke District is surrounded by the district of Nyamagabe in East, Karongi in North and Rusizi in Southand Kivu Lake in West. The EICV3 survey results show that the total population of Nyamasheke District in 2010–11 was 394,000. This represents 15.2% of the total population of Western Province and 3.6% of the total population of Rwanda. Females comprise 55% of the population of Nyamasheke District. The data from EICV 3 indicates that the majority of the population is young with 81.7% aged less than 40 years; females in this age group represent 81.5% of all females in the district, while males represent 81.9% of all males in the district. 55% of the population of Nyamasheke is aged 19 or younger. The population is unevenly distributed. The Nyamasheke economy is dominated by agriculture and generally constrained by the poor conditions of the feeder roads network. The feeder roads project will improve the poor condition of the roads in order to minimize post-harvest loss and high transport price. The development of the feeder roads requires the preparation of a Resettlement Action Plan (RAP) to ensure that the planned activities are socially implemented in full compliance with Rwanda’s and the World Bank’s social policies and regulations. The decision by the MINAGRI to prepare a Resettlement Action Plan of the Feeder Roads Project in Nyamasheke is to adapt for the Ministry and the implementing agencies a framework that will facilitate compliance with relevant national and the World Bank resettlement and other requirements for projects under the feeder roads in a coherent manner.

The existing RAP for Nyamasheke feeder roads was prepared in November 2013 and covered 10 roads with a total length of 150 Km. Due to reduction in number of roads to be developed (from 10 to 4 roads), thereby causing changes in total road length (from 150 km to 52.3 km) and affected properties, the existing RAP report was updated to include only affected properties within 4 priority roadsto reflect changes in terms of numbers of affected PAPs, property and assets and the cost of mitigation and compensation measures.

3 www.citypopulation.de/php/rwanda

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1.2. RESETTLEMENT ACTION PLAN OBJECTIVES The main objective of the updated RAP is to assist the Ministry of Agriculture and Animal Resources (MINAGRI), Government of Rwanda (GoR) to review and update the resettlement action plan (RAP) prepared by Rwanda Transport Development Agency (RTDA)and provide a resettlement and compensation framework that will enable the Rwanda Feeder Road development project to minimize negative impacts and improve livelihoods of project affected persons. The specific objectives are to review and update the:  Resettlement Action Plan for Nyamasheke feeder Roads of November 2013 by undertaking independent assessment of existing report which was developed based on the feasibility study to accommodate the land acquisition changes after the detailed design.  To ensure that the RAP is in line with new laws, guidelines, policies and regulation of Government of Rwanda (GOR) and the operation policies and safeguards measures of the World Bank (WB).

Figure 1: Location of Nyamasheke District4 in Rwanda Source: Administrative map of Rwanda, RNRA, 2013

4Source: An Atlas of Boundaries and Names, Administrative Units in Rwanda, National Institute of Statistics of Rwanda

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1.3. APPROACH AND METHODOLOGY The Project Safeguards Team reviewed the Nyamasheke RAP report prepared and disclosed in November 2013 as well as the Nyamasheke Design Report in July 2015 and carried out census for PAPs assets identification and valuation.Based on review and census, the missing data was identified and analyzed. In the Nyamasheke RAP report of November 2013, the actual numbers of people likely to be effected due to the development of the project were not identified. Hence neither the houses, other assets nor the actual number of PAPs were available. The missing data was collected, compiled and analyzed during field studies conducted in September and October 2015. The experts associated with the field study are reported in Annexure 1. Legal legislation and regulations have been reviewed and stakeholder participation. It is proposed to integrate the existing and proposed social safeguard measures in the overall planning. The study is conducted in such a manner and procedure so that it fulfills the requirements of the Government of Rwanda, and the World Bank’s social appraisal procedures. Apart from the following standard social impact assessment practices and procedures; advanced technologies, techniques and tools to the extent these are applicable and relevant to this project were used. A questionnaire was developed to collect and compile the data. Based on the questionnaire the socio-economic profile of the effected people have been studied, analyzed, quantified and verifiedwherever possible. The cost of resettlement management plan and monitoring programs wasestimated and budgeted for. The RAP is aimed at assessing and mitigating the land acquisition and resettlement impacts in a transparent and consultative way in accordance with Rwandan laws and the World Bank OP 4.12. The RAP is based on the census data, field visits, and meetings with various project affected persons in the project area. During RAP numbers of terms are used and these are defined in Annexure 2.

1.4. FORMAT OF THE REPORT This report has been prepared taking into consideration the legal requirements in the country and the World Bank OP 4.12. The main findings are reported, conclusion and recommendations section for discloser locally and the World Bank Info Shop. This report on Resettlement Action Plan (RAP) has the following sections: The report has an executive summary and the main sections as follow: Chapter 1 provides a general background, objectives and scope of the study and an outline on the approach and methodology adopted for the study. Chapter 2 is a concise document on the policy and strategies; legal instruments, institutional arrangement and international framework under which the project will be developed.

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Chapter 3 is on the Project Description which briefly describes the project. Chapter 4 describes the project affected person and social conditions in sufficient detail to enable an adequate assessment of the potential social impacts. Chapter 5 proposes the resettlement action plan implementation framework, appropriate resettlement management plans along with public consultation; cost of management and monitoring program. The conclusions and recommendations are presented in Chapter 6.

The literature, books, reports and maps referred are presented as footer note in the main body of the report. At the end, the report has annexure which are reported in the main body of the report.

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2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 2.1. NATIONAL RELEVANT POLICIES AND STRATEGIES This section describes the relevant policies and strategies, legal instruments, institutional arrangement and framework applicable to rehabilitation and /or construction of feeder road in different with respect to resettlement and compensation. The awareness of social issues started as early as in 1920. Since 1977 action program were initiated such as: human settlement (1977), stockbreeding (1978), soil protection and conservation (1980), water supply in rural areas (1981), erosion control (1982) and reforestation (1983). The national environment strategy was prepared in 1988-1989to keep a balance between population and natural resources. The aims of this strategy are as follows:  To enable the country to strike a dynamic balance between population and resources while complying with the balance of ecosystems; and  To contribute to sustainable and harmonious socio-economic development such that, both in rural and urban areas, men and women may realize their development and well- being in a sound manner.

2.1.1. National Land Policy National land policy was adopted in February 2004. This policy provides register and transfer of land and possibility of investments in land. It also highlights key principle of land use and land management. The policy advocates the protection of green areas, marshy land, valley and protected areas in Rwanda. These protected areas are classified as such because of their multiple roles, namely ecological, economical, cultural, and social. The main objective of their preservation was the conservation of different species and different habitats of biodiversity for educational, touristic and research purposes. These areas have been affected by various changes, one of which is the spatial reduction due to the resettlement of the population.

2.1.2. National Development Strategy5 The Vision 2020 document has developed National Development Strategy in year 2000 wherein it is realized that Rwanda shall have a reliable and safe transport network of feeder roads. Hence feeder roads will continue to be extended and improved. Land use management, urban and transport Infrastructure development are considered as important pillar among 6 pillars of vision 2020 and protection of environment and sustainable natural resource management is one of the crosscutting areas of the vision. The other important planning tools are: the Economic Development and Second Poverty Reduction Strategy (EDPRS II), the National Investment Strategy, Millennium Development Goals (MDGs) and the Medium Term Expenditure Framework. The vision document advocates to the development of economic infrastructure of the country and transport infrastructure in particular.

5 Rwanda Vision 2020; Republic Of Rwanda; Ministry Of Finance and Economic Planning (2000)

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These strategies and action plans reflect national priorities for Economic Development and Poverty Reduction Strategy (EDPRS II) as a medium-term framework for achieving the country’s long term development aspirations as embodied in Rwanda Vision 2020 and the Millennium Development Goals (MDG) priorities.

2.1.3. Land Tenure System and Provisions in Rwanda The Land Use Master Plan (Organic Land law No 43/2013 of 16/06/2013, article 6) states that all types of land tenure must be in compliance with the designated land use. The Organic Land Law provides two types of formal land tenure: full ownership/ freehold and long term leasehold. As a result of the recent privatization of State owned lands, many land users don’t hold either type of land tenure. As a result of this, the Organic Land Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. Article 7 of the law formalizes land ownership, especially those acquired through customary means. In such cases, populations with customary/indigenous land rights are being encouraged to register their land through decentralized the District Land Bureau, Sector Land Committees and Cell Land Committees.

2.2. LEGAL INSTRUMENTS The policies are prepared by the Ministry of Natural Resources (MINIRENA). Rwanda Natural Resources Authority (RNRA) is an authority that leads the management of promotion of natural resources which is composed of land, water, forests, mines and geology. It shall be entrusted with supervision, monitoring and to ensure the implementation of issues relating to the promotion and protection of natural resources.

2.2.1. Important Resettlement Legislations The land which is not protected in protected areas (Wetland and National Parks) is recognized as private land both customary and legally. The Expropriation law No 18/2007 of 19/4/2007 on expropriation outlines rights and compensation procedures for land expropriated for public interest. The valuation Law (2007) stipulates valuation methods to be applied to the expropriated assets. The following laws are important for rehabilitation and resettlement, land acquisition and compensation:  The Rwandan Constitution, promulgated in 2003;  Organic Land Law no N° 43/2013 of 16/06/2013 governing land in Rwanda gazette in the Official Gazette no Special of 16/06/2013 was promulgated to determine the procedure for use and management of land in Rwanda;  Property Valuation Law no 17/2010 of 12/05/2010; establishing and organizing the Real Property Valuation in Rwanda;  Organic Law No 32/2015 of 11/06/2015 relating to expropriation in the public interest;  Presidential Order No 54/01 of 12/10/2006 determining the structures, the responsibility, the functioning and the composition of Land Commission;

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 Ministerial order No 001/2006 of 26/09/2006 determining the structures of Land Registration, the responsibilities and the functioning of the District Land Bureau (DLB); and  Ministerial Order No002/16.01 of 2010 on Determining the Reference Land Price Outside Kigali City. The above legal orders are briefly describe as follows: i) The Rwanda Constitution: The constitution is the supreme law of the land. Under Article 29 of the Rwanda constitution every citizen has a right to private property, whether personal or owned in association with others. Further it states private property, whether individually or collectively owned, is inviolable. However this right can be interfered with in case of public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. Article 30 stipulates that private ownership of land and other rights related to land are granted by the State. The constitution provides that a law should be in place to specify modalities of acquisition, transfer and use of land (expropriation law). The constitution also provides for a healthy and satisfying environment. In the same breath every person has the duty to protect, safeguard and promote the environment. The State shall protect the environment.

ii) Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazetted in the Official Gazette no Special of 16/06/2013determining the use and management of land in Rwanda: This is the law that determines the use and management of land in Rwanda. It also institutes the principles that are to be respected on land legal rights accepted on any land in the country as well as all other appendages whether natural or artificial. According to the Law, Land in Rwanda is categorized into two: Individual land and Public land. The later is subdivided into two categories: the state land in public domain and the state land in private domain. State land in public domain includes national land reserves for environment conservation; land over which administration building are erected, state roads, land containing lakes, rivers, stream and springs. State land in private domain include swamps that may be productive in terms of agriculture, vacant land with no owner, land purchased by the State, donation, land acquired through expropriation and land occupied by state owned forests. Land in Rwanda is predominantly individual land. The law gives the owner of land full rights to exploit his or her land in accordance with the existing laws and regulations. The law also provides for expropriation which stipulates that land expropriation can be undertaken if it’s for public interest. The law states that swamp land belongs to the state and no person can use the reason that he or she has spent a long time with it to justify the definitive takeover of the land.

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iii) Law No. 32/2015 of 11/06/2015 relating to Expropriation in the Public interest, O.G. Special No. 35 of 11/06/2015: This law determines the procedures relating to expropriation of land in the interest of the public. Article 3 of the law stipulates that the government has the authority to carry out expropriation. However the Institution, at any level, which intends to carry out acts of expropriation in the public interest, shall provide funds for inventory of assets of the person to be expropriated. According to the organic law, no person shall hinder the implementation of the program of expropriation on pretext of self-centered justifications and no land owner shall oppose any underground or surface activity carried out on his or her land with an aim of public interest. In case it causes any loss to him or her, he or she shall receive just compensation for it. Chapter IV deals with valuation of land earmarked for expropriation. The law identifies properties to be valued for just compensation to be land and activities that were carried out on the land including different crops, forests, buildings or any other activity aimed at efficient use of land or its productivity. Here the law is silent on access to economic activities on the land. iv) Law No.17/2010 of 12/05/2010 establishing and organizing the Real Property Valuation Profession in Rwanda: This law provides for the registration of land in Rwanda and conditions for registration. The law also allows the Government to conduct valuation when mandated by their government institutions. Articles 27, 29, 30 and 31 of the law deal with valuation methods. These articles stipulate that price for the real property shall be close or equal to the market value. The valuation could also compare land values country wide. Where sufficient comparable prices are not available to determine the value of improved land, the replacement cost approach shall be used to determine the value of improvements to land by taking real property as a reference. The law also allows the use of international methods not covered in the law after approval from the Institute of Valuers council. v) Ministerial Order No. 001/2006 of 2006 determining the Structure of Lands Registers, the Responsibilities and Functioning of the District Land Bureau: This ministerial order determines the structure of Land Registers, the responsibilities and the functioning of the District Land Bureau. The responsibilities of the land bureau include among others to implement land registration and manage land and update, safely keep records of land registers and monitor and approve activities pertaining to valuation of land, other immovable property and demarcate and approve land cadastral. vi) Ministerial Order No. 002/2008 of 2008 Determining Modalities of Land Registration: Annex 3 of the ministerial order provides for dispute resolutions procedures and provisions related to the cell adjudication committee (“CAC”). Articles 17, 20, 22, and 23 provide the process for resolving disputes. Article 17 also grants parties, the right to take that dispute to the mediation committee. Article 20 provides procedures for the CAC when hearing disputes, including that the hearing is open to the public and announced eight days in advance, among other requirements. Articles 22 and 23 govern the lodging and processing of objections and corrections during a 60-day period.

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The CAC is comprised of all five members of the cell land committee and five members of the particular village (umudugudu) where demarcation and adjudication is taking place. The cell executive secretary acts as the CAC secretary without voting rights. This order can be used to resolve resettlement conflict at the sub project area. vii) Law N°55/2011 of 14/12/2011 governing Roads in Rwanda: This law provides classification of roads and defines responsibilities, management, financing and road development. In the context of this project, feeder roads fall under the district responsibility. The article 17 of this law stipulates that the widening of a road shall be done after expropriation of the people near the road in accordance with the law to secure the land needed.

2.2.2. World Bank Policy (OP 4.12) The objectives of this resettlement plan reflect the principals contained in the World Bank policy document: OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations involving involuntary taking of land and/or other assets. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Specifically, OP 4.12 states that project planning must avoid and minimize involuntary resettlement, and that if people lose their homes or livelihoods as a result of such involuntary resettlement, they should have their standard of living improved, or at least restored. It promotes participation of displaced people in resettlement planning and implementation. The OP 4.12’s key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that implementers prepare adequate resettlement planning instruments prior to appraisal of proposed projects. A comparison of the World Bank Policy OP 4.12 and the laws, regulations and guidelines for land acquisition and resettlement of the Government of Rwanda (GOR) is available in Table 1.The comparison also includes guidance on which law/rule will prevail during conflict. It should be noted that, where there is a difference between Rwandan law and OP 4.12, the latter shall prevail.

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Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Measures to fill the gaps

Valuation Valuation is covered by the OP 4.12 prefers Replacement cost method of Adopt replacement cost Expropriation Law and the Land valuation of assets that helps determine the method of valuation Valuation Law and stipulates that the amount sufficient to replace lost assets and cover affected person receive fair and just transaction costs. In applying this method of compensation. valuation, depreciation of structures and assets However a ministerial order gives the should not be taken into account. If the residual of value of land and crops the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. Compensation Article 22 of the expropriation Law N° OP 4.12 gives preference to land based resettlement Adopt OP 4.12 mode of 32/2015 of 11/06/2015 entitles the strategies for displaced persons whose livelihoods are compensation by giving landholder to compensation for the value of land-based as compared to monetary compensation preference to land based the land and activities on the basis of size, resettlement as opposed to nature location considering the prevailing monetary compensation market value. Participation The Rwandan law on Expropriation simply WB OP 4.12 requires that persons to be displaced should Adopt OP 4.12 methods of and stipulates that affected peoples be fully be actively be consulted and should have opportunity to participation consultation informed of expropriation issues. The law participate in planning and design of resettlement also conflicts the very purpose of programs consultation and involvement by prohibit any opposition to the expropriation program if considered to be under the pretext of self-

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Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Measures to fill the gaps

centered justification which might not be the case Timeframe Rwanda expropriation law stipulates a OP4.12 requires that displacement must not occur A cut- off date should be applied. before necessary measures for resettlement are in timeframe upon when the property to be Adopt OP 4.12 approach, which place, i.e., measures over and above simple expropriated must be handed over which is states thatdisplacement must not compensation. These include compensation and other 90 days after compensation has been paid. measures required for relocation and preparation and occur before necessary measures provision of facilities of resettlement sites, where for resettlement are in place, i.e., required. In particular, taking of land and related assets measures over and above may only take place after compensation has been paid simple compensation. These and where applicable resettlement sites and moving allowances have been provided. Furthermore, measures include compensation and other pertaining to provision of economic rehabilitation measures required for relocation however can and often do occur post displacement. and preparation and provision of WB OP 4.12 provides for a timeframe (cut-off date); facilities of resettlement sites, people who encroach on the area after the cut-off date where required. Where the are not entitled to compensation or resettlement borrower has offered to pay assistance. compensation to an affected person in accordance with this resettlement plan, but the offer has been rejected, the taking of land and related assets may only proceed if the borrower has deposited funds equal to the offered amount plus 10 percent in a secure form of escrow or other

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Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Measures to fill the gaps

interest-bearing deposit acceptable to the Bank, and has provided a means satisfactory to the Bank for resolving the dispute concerning said offer of compensation in a timely and equitable manner. Overall Section 2 of the expropriation law on Under the OP 4.12 , it’s not necessary to prove that Adopt Rwanda Expropriation strategy procedures, provides for the process to the project fits within the overall land master plan Law show how the sub projects fits into the land master plan of the area in question Eligibility Article 26 of the law requires the person OP 4.12 criteria for eligibility include even those who do Adopt the OP 4.12 approach; it who owns land intended for expropriation not have formal legal rights to land at the time the will be more appropriate for to provide evidence of ownership or census begins but have a claim to such land or assets-- determining eligibility due to the rights on that land and presents a provided that such claims are recognized under the laws fact that many of those who farm certificate to that effect of the country or become recognized through a process the lands don’t own it, although identified in the resettlement plan and also those who they may have depended on have no recognizable legal right or claim to the land they farming on such lands for their are occupying. The latter are only compensated for livelihood, and as such, should be assets other than land. assisted to at least maintain their pre-project level of welfare. (especially for assets) Expropriation law is silent on provision of OP 4.12 requires and prefers resettlement of displaced Use World Bank OP 4.12 During alternative land and resettlement of those persons. Through provision of land for land instead of the upgrading of the feeder road, cash compensation for land, when livelihoods are land

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Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Measures to fill the gaps

to the pre-displaced status based. Displaced persons should be assisted in their some resettlement will be efforts to improve their livelihoods and standards of required living or at least to restore them, in real terms, to pre‐displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Required Expropriation law does not provide for OP 4.12 requires displaced persons to be consulted on, Use World Bank OP 4.12 Measures alternatives when undertaking offered choices among, and provided with technically compensation and economically feasible resettlement alternatives. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Grievance The new Expropriation Law of 2015 creates OP 4.12 requires PAPs be informed of the compensation Adopt Rwanda Expropriation Law redress the Resettlement and Grievance redress exercise and establishes Grievance Redress Mechanisms which establishes the GRM mechanisms committee and provides complaints formed by District (sector/cell) procedures for individuals dissatisfied with authority, PAP representatives the proposed project or the value of their and Project compensation and process for expressing dissatisfaction and for seeking redress.

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2.3. ELIGIBILITY CRITERIA FOR RESETTLEMENT As per the Law No. 32/2015 of 11/06/2015 relating to Expropriation in the public interest, the expropriation as provided for in the law shall be carried out only in the public interest and no land owner shall oppose any activity carried out on his or her land. In case it causes any loss to him or her, he or she shall receive just compensation for it (Art.3). This entitlement is based on the figure arrived at by the independent valuer. Through mutual arrangement, both parties can determine the mode of payment. Land acquisition and compensation will be undertaken according to national legislation with particular reference to the Law on Expropriation for Reasons of Public Use, provided however that in case of inconsistency between national legislation and the standards set in World Bank OP. 412, OP 4.12 will prevail. The eligibility criteria are based on the three criteria given in Clause 15 of the World Bank’s Operational Policy 4.12:

(a)Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b)Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan;  (c)Those who have no recognizable legal rights or claim to the land they are occupying.

Those covered under (a) and (b) above are to be provided compensation for the land they lose, and other assistance in accordance with this RAP. Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this RAP, if they occupy the project area prior to a cut-off date. The eligible criteria for resettlement and compensation are presented in Table 2.

2.3.1 Cut-off Date The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. The initial cut-off date was fixed on October 5th, 2013 but due to changes in design studies and downsizing of project sites, this was revised and fixed on September 15th, 2015 which is the date that final census started. It is worthy to remind that there is no PAP moved off his land between October 5th, 2013 and September 15th, 2015 because of the Project since no civil works was started so far.

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Table 2: Entitlement Matrix Category of Type of Loss ENTITLEMENTS PAP Compensation for Loss of Compensation for Loss of Compensation for Loss of Moving Other Assistance Structures land Income Allowance Property Loss of land ------The land acquired for road ------Disturbance allowances 5%, Owners widening will be compensated registration/ transfer fees in cash because none of them move away from his plot Provision of tree seedlings, agricultural inputs, job opportunities and and facilitation for health insurance and other government support, etc. to vulnerable PAPs.

Capacity building of severely affected PAPs and vulnerable groups to maintain and/or improve their income generation potential. Job opportunities to all PAPs

Temporary Rental allowances based on annual Land will be rehabilitated after laterite loss of land land output and costs associated extraction and given back to their respective owners due to site with land preparation and crop installation management and borrow pits Loss of Compensation at full For lost rental income, Lump Coverage of Disturbance allowance structure replacement value not sum cash payment of 6 months’ full cost for & right to salvage materials without deduction from compensation depreciated, taking into rent per tenant total transport

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account market values for expenses Provision of tree seedlings, agricultural structures and materials or inputs, job opportunities and facilitation for health insurance and possibility of relocating to new other government support, etc. to settlement vulnerable PAPs.

Capacity building of severely affected PAPs and vulnerable groups to maintain and/or improve their income generation potential.

If need to relocate, relocation assistance (coverage of costs of transport & assistance to find alternative secured accommodation, preferably in the community of residence through involvement of the project) Loss of forest Cash compensation based on type, Disturbance allowances Trees age and productive value of affected trees Planting of trees in the buffer zone of the developed roads to replace for the removed ones and protect rehabilitated roads Loss of crops Cash compensation based on the Disturbance allowance (including tree type, age and market value of the crops) mature crop in the scarce season, whichever is greater. Property Loss of rental payment of Six months’ rent Coverage of full Disturbance allowance lease accommodatio cost for total holders/Tena n transport nt expenses

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Loss of crops Cash compensation based on the Disturbance allowances (including tree type, age and market value of the crops) mature crop in the scarce season, for the remaining period of the tenancy/lease Squatters/ Loss of Cash compensation at full Relocation Disturbance allowance, informal structure replacement cost not assistance dwellers* depreciated, taking into (coverage of Right to salvage materials without account market values for costs of deduction from compensation structures and materials. transport & Provision of tree seedlings, agricultural assistance to inputs, job opportunities and find alternative facilitation for health insurance and secured other government support, etc. to accommodatio vulnerable PAPs n, preferably in Capacity building of severely the community affected PAPs and vulnerable of residence groups to maintain and/or improve through their income generation potential. involvement of the project) All PAPs Loss of assets Cash compensation for any For lost rental income, Lump Coverage of Right to salvage materials without (whether due to assets affected (e.g. houses, sum cash payment of 6 months’ full cost for deduction from compensation, owner, temporary fences demolished, trees rent per tenant and provision of total transport tenant or land removed), relocation and plot in the selling point to be expenses Relocation assistance (coverage of costs of public water taps informal acquisition construction of new public constructed by the Project construction, selling points, etc) dweller) water taps, water tanks, construction of selling points, Assistance of vulnerable poor etc people for livelihood

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reestablishment (ie Provision of tree seedlings, agricultural inputs, job opportunities and facilitation for health insurance and other government support,, etc).

*:Squatters or informal dwellers do not exist in Rwanda but they were precautionary mentionned

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

2.4. INSTITUTIONAL ARRANGEMENT AND FRAMEWORK The main Ministry, Authorities, Institutions and Boards responsible for development of policy, framing regulation, developing projects, monitoring and approval of issues related to Resettlement and Compensation are:  Ministry of Natural Resources (MINIRENA);  Ministry of Agriculture (MINAGRI);  Rwanda Natural Resources Authority (RNRA);  Rwanda Transport Development Agency (RDTA) and  Nyamasheke District The Ministry of Natural Resources (MINIRENA) is responsible for developing the policies and norms for efficient land, forests, water resources and environmental management as well as their expropriation. The Ministry of Agriculture and Animal Resources (MINAGRI) is the executing agency for the project. The participating district will be the implementation entities for project related social aspects for the rehabilitation, upgrading, spot improvement, as well as maintenance works. MINAGRI will also supervise the compensation exercise, approve the list of PAPs to be paid for their affected assets and proceed to their payment. In addition to the support staff, training and technical assistance for safeguards will also be provided by MINAGRI. Rwanda Natural Resources Authority (RNRA) is an authority that leads the management of promotion of natural resources which is composed of land, water, forests, mines and geology. The RNRA was established by the Law N°53/2010 of 25/01/2010, which merges the four institutions (National Land Center, National Forestry Authority and national Geology and mines authority) together with the Ministry of natural resources' department of integrated water resources management. The RNRA is responsible for: i) implementing national policies, laws, strategies, regulations and government resolutions in matters relating to the promotion and protection of natural resources; ii) advising the Government on appropriate mechanisms for conservation of natural resources and investments opportunities; iii) registering land, issuing and keeping land authentic deeds and any other information relating to land of Rwanda; iv) making follow up and supervising activities relating to proper management, promotion and valuation of natural resources including land; v) promoting activities relating to investment and added value in the activities of use and exploitation of natural resources in Rwanda; vi) instituting regulations, guidelines and appropriate mechanisms for management, use and conservation of natural resources and ensuring their implementation;

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

Rwanda Transport Development Agency (RDTA) RTDA is a public institution with financial autonomy in the Ministry of Infrastructure. It was established by organic law no 02/2010 of 2001/2010and is responsible for policy development, advisory and monitoring in transport sector.

District

The District determines and approves projects of expropriation in the public interest. It also initiates the expropriation and implements/ supervises the expropriation after considering the decision of the Committee in charge of monitoring projects for expropriation in the public interest (Expropriation law of 2015).

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

3. PROJECT DESCRIPTION 3.1. PROJECT LOCATION The feeder roads project is to be implemented in Nyamasheke District which is situated in the western province of the country. The distance between Kigali and Nyamasheke through Huye and is about 250 km on National Road (NR) 1 and NR- 6. The feeder roads in Nyamasheke are mostly in hilly terrain. The hills are covered with farms and small grazing lands, with dense vegetation. The roads are mainly on top of the hills and the side slopes may have to be stabilized while widening. The proposed rehabilitation of roads will follow the existing routes, and road sides are cultivated or already cleared, hence, impact on flora fauna and population have been studied. The project is proposed to construct culverts, often small in size, following the existing natural water course or gullies. Side drains may require stone pitching and check dams to control erosion and surfacing and resurfacing of carriage way.

3.2. OBJECTIVES OF THE PROJECT The prime objective of the project is to improve transport infrastructure with a view to supporting project area’s social economic development. The project development will facilitate the economic growth, the improved transportation of goods and services. Specifically, the major purpose of the proposed upgrading project is to rehabilitate / construct feeder road network in Nyamasheke District in order to meet the following objectives:  To promote socioeconomic development of the project area by linking it within the district and other districts and cities in the country; and  To increase agricultural productivity and marketing capacities, by lowering the transport costs and losses of farm input and output. In particular, improved feeder networks will enhance the commercial activities of rural households, access to services and will reduce poverty.

3.3. BRIEF DESCRIPTION OF PROJECT FEEDER ROADS The Rwanda Transport Development Agency (RTDA) has prepared feasibility report for 204.57 km feeder roads in the district of Nyamasheke. Based on technical, economical, financial, social and environmental factors, four (4) roads with a total length of 52.33 km have been prioritized and selected for social studies. A brief description of these 4 roads is presented below. 1. Gatare--Uwisumo-Gisovu (Road No 1): This feeder road is 17.7 km long and traverses two sectors, Kirimbi and Macuba. This section is in bad condition due to lack of hydrological structures and insufficient maintenance. The road has loss of camber, lack of side drains and bad condition of the bridge.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

2. Muremure-Nyarubuye-Peru (Road No-10): This 13.1 km long feeder road traverses Kanjongo, Macuba and Karambi Sectors with 3 to 4 m wide. Some culverts overarched by logs in bad condition, no side drains and landslide. 3. Kamiranzovu-Gitwa-Ryarutungura (Road N0-11): This 4.4 km long road starts at the main road Nyamasheke-Karongi and traverses the northern part of Kagano Sector. The carriageway is of 4-5 meters width. The horizontal and vertical alignments are poor. There is subsistence farming and coffee plantation in road ROW and settlement are very close to the feeder road. 4. Kiyoga-Muraza-Vugangoma-Nyakabingo-Rupango (Road No-12): This road is 17.1 Km in length. The road has very bad condition; the carriageway is of 4-5 meters width. The horizontal and vertical alignments are poor.

The location of project feeder roads is shown in Figure 2 while details on priority, length of road and width of proposed carriage way are reported in Table 3.

Figure 2: Location of Feeder Roads in Nyamasheke District and their Priority

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

Table 3: Selected Roads in Nyamasheke district

Feeder Feeder Road Length (Km) Average width of Width (m) roads ID the existing carriage way (m)

1 Gatare-Uwisumo-Gisovu 17.7 3-5 6

10 Muremure- Nyarubura-Peru 13.1 4-5 6

11 Kamiranzovu-Gitwa-Ryarutungura 4.4 3-4 6

12 Kiyoga-Muraza-Vugangoma- 3-4 6 Nyakabingo-Rupango 17.1

Total 52.3

Source: Feasibility report 2013 The priority feeder roads for rehabilitation/ reconstruction have the main activity namely: i) Rehabilitation/ maintenance of drainage works; ii) Rehabilitation/ maintenance of Bridges; iii) surfacing/resurfacing of carriage way pavement up to a width of 6 m. The drainage intervention consists of construction of the culvert at every 250 m. The three type of side drain are proposed in feasibility study: a) rectangular in masonry at the crossing of important villages, b) trapezoidal unlined and c) trapezoidal lined in masonry when the gradient is greater than 5%. The majority of existing bridges will be reconstructed in the current location with abutments in masonry and slab in reinforced concrete. The widening of roads will force to acquire more land along the roads in a width of 2-3m depending on the existing width of feeder roads. This acquisition of land will create resettlement problems and the compensation have to be paid or people have to be resettled so that the level of PAPs shall not fall below the existing socio-economic level if not enhanced.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE 4.1. SOCIO-ECONOMIC STATUS OF NYAMASHEKE DISTRICT

4.1.1. Demographic The district has a population of 393,620 people. The households economic condition and making reference to poverty and extreme poverty lines, set out at 118,000 and 83,000 RWF, Nyamasheke district is ranked the last but one bottom position country-wide by percentage of extreme-poor and poor population categories. About 36% of the population in Nyamasheke district is identified as non-poor, 22.8% as poor (excluding extreme-poor) and 40.6% as extreme-poor. Compared with other districts of Western Province, Nyamasheke district comes seventh out of seven districts for proportion of non-poor. Nyamasheke district comes 29th among the thirty districts of the country.

4.1.2. Socio-Economic Baseline of District In Nyamasheke district, household income is less driven by agriculture (44%), followed by wage income (29%) and public and private transfers (10%). The smallest contributor to household income in Nyamasheke district is business income (8.5%). From the viewpoint of the basic services, Nyamasheke district ranks lower than the national average. Concerning the mean walking distance to primary school, Nyamasheke is classified the 18th district with a mean walking distance to a primary school within the interval of 25.4 minutes (National Average 27.2 minutes) and 60% of households are between 30 and 59 minutes of a primary school. The mean walking distance to a health centre in Nyamasheke district is 57.6 minutes (35 minutes in urban areas and 64.4 minutes in rural areas); only 19% of households walk for less than 30 minutes to reach a health centre. The mean walking distance to a health centre is while it is one hour country-wide. Employment in Nyamasheke district, the overall employment rate is 86.7% of the resident population aged 16 years and above; the economic inactivity rate is 13.3%. Nyamasheke district is ranked second by employment rate after district (93.9%) in Western Province. The national average employment rate is 84%, the unemployment rate is 0.9% and the economic inactivity rate is 15%.

4.1.3. Distance to facilities/services

Access to basic services is considered an indicator of both provision and coverage and need of road facilities. Walking distance to basic services can be considered as an indicator of both provision and coverage of such services and the remoteness of households’ dwellings. The basic services were categorized into Food Market/Shop, Primary School, Secondary School and Health Centre.

The mean walking distance to a primary school in Nyamasheke district is 25.4 minutes and 31.7% of households are between 30 and 59 minutes of a primary school.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

This mean walking time to a primary school in Nyamasheke district is lower than the mean distance in rural areas, which is 28.6 minutes, and the mean distance country- wide, which is 27.2 minutes.

4.1.4. Economic Activity and Income Sources

In many low-income countries that do not have social safety nets, formal unemployment is quite low because it is rare to be able to afford to do no work at all. We present here statistics for formal unemployment and an estimate for the small number of discouraged workers. We also look at broader measures such as underemployment, which consist of those working part time, but who would like to work more hours a week.

In Nyamasheke district, the overall employment rate is 86.7% of the resident population aged 16 years and above; the economic inactivity rate is 13.3%. As shown in Figure 5.1 below, Nyamasheke district is ranked second by employment rate after (93.9%) in Western Province. The national average employment rate is 84%, the unemployment rate is 0.9% and the economic inactivity rate is 15%.

4.2. POPULATION ON ROW The feeder roads in Nyamasheke Districts pass through scattered settlements and villages. The boundaries of feeder roads expansion have not been transferred on the land. In general, about 2to 3 m average width will be required for widening of the road to have the right of way of 10 m. The widening will have impact on houses, agricultural land and other infrastructure facilities, namely fences, and cattle shade. About 31 houses, with 152 people, will be affected and in all 1,169households are likely to lose land, trees, crops and houses due to widening of feeder roads in the district.

4.3. SOCIO-ECONOMIC CONDITIONS OF PAPS The consultant has collected the data from the project affected families and analyzed to develop a baseline conditions. This data will help to assess the conditions on resettlement of the people. The results of the analysis are presented on the following sub-section. Using Socio-economic survey format, data were collected to 714 head of households who were present during the Census.

4.3.1. Family Size Table 4 summarizes the family size of the PAPs. The Analysis has indicated that 50% of the PAP families size is Large, means that the size of the family is above 7 per household. While 32.2% are medium, which means that they are within the range of 5-7 in the family and 17.8% has small size, means below 5 persons per family. The average size of

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

PAPs is 5.4 which is higher than the district average of 4.9 persons and also higher than the national average (4.8). Table 4: Family Size of the Households

S.No Roads Number of Respondents Average HH size households 1 Kigoya-Muraza-Vugangoma- 118 6.1 Nyakabingo-Rupango

2 Kamiranzovu-Gitwa- 132 5.2 Rwarutungura

3 Muremure-Nyarubura-Peru 354 4.1

4 Gatare-Uwisumo-Gisovu 110 7.4

Total 714 5.7

Source: Socio economic survey, October 2015

4.3.2. Marital Status of PAP The marital status of the PAP is an important parameter to know the views of different categories of people about the project. The Table 5 shows the marital status of the PAP. About 57.1% of PAPs are married; 14.2% single, 7.1% divorced, and 21.4% widow. Table 5: Marital Status of Respondents in Household Surveyed Marital status Number of respondents Percentage (%) Married 409 57.3

Single 101 14.2

Widow 204 28.5

Total 714 100

Source: Socio economic survey, October 2015

4.3.3. Employment status of PAP Table 6 describes the employment status of members in the households. With regards to the surveyed household, about 91.9% are employed in either their own or at someone else agricultural farm or have their own small business which they combine with agricultural activities.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

This can be explained by the fact that in the district, the agricultural activities (tea and coffee) are dominant, and small business represents 4% in commercial. Government officials represent 2.1% while students who are households’ heads represent 2%. Table 6: Employment Status of PAPs S.No Employment Number of HH Percentage (%) 1 Farmer 656 91.9

2 Government official 15 2.1

3 Student, pupil 14 2

4 Owner of small 29 4 business Total 714 100 Source: Socio economic survey, October 2015

4.3.4. Vulnerability of PAP The vulnerability and social group for individuals in the community is for a paramount importance because it gives the idea of level of vulnerability. The Table 7 gives some information on vulnerable groups. In 714 head of households Contacted, 607(85.0%) are in normal conditions, 7.5% are aged persons (above 65 Years). Orphans represent 5% and people with disability represent 2.5% of the respondents live with disability (One with mental disability, one in death bed, one lives with physical disability). 5.0% of the surveyed household are the orphans and aged persons represent 2.5 %. Table 7: Vulnerable PAP S.N0 Social group Household Percentage (%) 1 Aged Persons 54 7.5

2 Orphans 36 5

3 Living with disability 18 2.5

3 People in normal conditions 607 85

Total 714 100

Source: Socio economic survey, October 2015

4.3.5. Housing conditions of the PAPS Housing condition is an important variable in studying socio economic aspects of a family because it gives the idea on the living conditions of family members.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

Table 8 shows that 100% of PAPs live in their own houses and all categorized in rural house. A big proportion of these houses 96.5% are built in soil blocks know as Rukarakara, while only 3.5% of the houses are built in wood.

4.3.6. House Conveniences and their Conditions Table 9summarizes the type of convenience in the house such as electricity, radio, mobile phone, private toilette, etc. These are the indicator of development. All the surveyed households (100%) have private toilette. Only 46.4% have access to electricity, while 7.4% use solar energy. A significant proportion of the household surveyed have mobile phones, from different telecommunication companies operating in Rwanda. Furthermore, the consultant was informed that almost all households have radio, and some of them have also bicycle. Table 8: Housing Conditions

House Frequenc % House made in Frequen % Owner Frequenc % Type y cy ship y Cottage/r 25 3.5 Wood 25 3.5 Owned 714 100 ural house Other 689 96. Soil Blocks 689 96.5 Rented 0 0 5 (RUKARAKARA +Cement) Total 714 100 714 100 714 100 Source: Field survey, September 2013 and updated in October 2015

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

4.4. RESETTLEMENT IMPLICATIONS The feeder roads in Nyamasheke District pass through scattered settlements, villages and trading centers. In many cases, the starting point is a trading center. The boundaries of feeder roads expansion have not been transferred on the land. In general average about 2 to 3 m average width will be required for widening of road to have right of way of 9-10 m.

4.4.1 Loss of Houses The details of houses on the feeder roads are presented in Table 13. In all, about 31 houses are likely to be removed from the existing locations. The field assessment indicates that 38 households are likely to be affected and relocated due tothe proposed rehabilitation project. The number of houses to be relocated per road is presented in the Table below Table 9: Details of House on Road Side

Priority No. Feeder Roads Houses

1 Gatare-Uwisumo-Gisovu 1 2 Muremure- Nyarubura-Peru 5 3 Kamiranzovu-Gitwa-Ryarutungura 4 4 Kiyoga-Muraza-Vugangoma-Nyakabingo-Rupango 21 Total 31

Source: Independent Valuer field Survey, October 2015

4.4.2 Loss of Land, trees and crops In addition to loss of houses, the development will definitely bring substantial change in the land use pattern as the road modification/ construction will require additional land from government and no compensation for land will be required. It is estimated that on an average 2 to 3 m widening will require 16.6 ha land for feeder road improvement. The analysis of data has also indicated that about 80% land on road side is under agriculture. The land use change is presented in Table 10.

The crops and trees that will be affected by feeder roads development are dominated by coffee, tea, banana, fruit trees like avocado, mango and fodder crops (elephant grass). The tree component includes Eucalyptus, Grevillea, etc.

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

Table 8: Loss of Land or Land Use Change S. No. Item Area (ha) 1. Agricultural area 13.3 2. Other uses (settlements) 3.3 Total 16.6

4.4.3 Loss of Facilities Due to expansion, there will be other minor losses; it does not mean that these shall not be included. The identified losses include water tank and electric pole. The facilities which will need compensation and/or rehabilitation are summarized in Table below. Table 9: Loss of structure on Road Side Facilities Priority Public Fences No. Feeder Roads water taps

1 Gatare-Uwisumo-Gisovu -- 1 2 Muremure- Nyarubura-Peru - 1 3 Kamiranzovu-Gitwa-Ryarutungura - 1 Kiyoga-Muraza-Vugangoma-Nyakabingo- - 4 Rupango - Total 0 3

4.4.4 Summary of Losses This land requirement for the road construction will change the land use permanently from Barren/agricultural/built up land into road. This impact is permanent and irreversible change in land use pattern. The farmers have to be compensated as per available national legislation and the World Bank’s OP 4.12, provided that in the case of inconsistency between these two standards, the latter shall prevail. Table 10: Loss of Property on Road Side S.No Description Quantity(number/ ha) 1 Total Loss of Land 16.6 ha 2 Loss of Crops 14.6 ha 3 Agro-forestry& forestry trees 9,430 4 Loss of houses 31 5 Loss of fences 3

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

4.4.5 Impacts Analysis Analysis of impacts has been conducted. A check list has been prepared to list the environmental parameters and the potential impacts. A typical checklist identifying the anticipated environmental impacts due to the project activities are shown in Table 13. The impacts have been categorized and analyzed in the following manner: I. Nature (positive/negative, direct/indirect); II. Magnitude (high, moderate, low); III. Extent/location (area/volume covered, distribution); IV. Timing (during construction or operation, immediate; or delayed); V. Duration (short term/long term, intermittent/continuous); VI. Reversibility/irreversibility; VII. Likelihood (probability, uncertainty); and VIII. Significance (local, regional, global).

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Resettlement Action Plan For Selected Feeder Roads in the District of Nyamasheke in Rwanda - Project ID: P 126498

Table 11: Impact Analysis S. No. Activity Potential Impact Nature Magnitude Extent / Timing/ Phase Duration Reversible Likelihood Significance Location / Irreversible

i) Site Acquisition for Change in land use/ Negative Medium Small Area/ Pre- Long Irreversible Probability Regional road construction Loss of Land Direct Large Construction Term Distribution

ii) Acquisition of Land Loss of Crops Negative Medium Small Area/ Pre- Long Irreversible Probability Regional Direct Large Construction Term Distribution

iii) Acquisition of Land Loss of Agro- Negative Low Small Area/ Pre- Long Irreversible Probability Local Forestry Direct Large Construction Term Distribution

iv) Acquisition of House Loss of House/ Negative Low Small Area/ Pre- Long Irreversible Probability Local Residence Direct Large Construction Term Distribution

v) Agriculture land Loss of Agriculture Negative Low Small Area/ Pre- Long Irreversible Probability Regional Acquisition Produce Direct Large Construction Term Distribution

vi) Land Acquisition Loss of Forest Negative Medium Large Pre- Long Irreversible Probability Local Direct Distribution Construction Term

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4.5. PUBLIC CONSULTATIONS AND PARTICIPATION Public participation and community consultation has been taken up as an integral part of social assessment process of the project. Consultation was used as a tool to inform and educate stakeholders about the proposed action both before and after the development decisions were made. This participatory process will enable the participation in the decision making process. The Project team consulted the RAP report prepared in November 2013 before the consultations with Stakeholders from Nyamasheke District. This was done in July 2015. Initial Public consultation has been carried out in the project areas with the objectives of minimizing probable adverse impacts of the project and to achieve speedy implementation of the project through bringing in awareness among the community on the benefits of the project. The project consultations were made to consult with the public as well as a number of local authorities, to determine their thoughts, opinions and feedback on the impact of the rehabilitation of feeder roads in the District. The PAPs were also provided with relevant and sufficient information on the project prior to its start - up. These stakeholders include the central and local authorities, as well as the population. The minutes of the consultation meetings are presented in Annexure 5. Socio- economic information was obtained during informal meetings with local authorities during the field visits as well as the information obtained from field survey.

4.5.1 STAKEHOLDERS Involving stakeholders through participatory direct or indirect consultations is central to completion of the RAP. The stakeholders were those who have an interest in the project, and who will be involved in the further consultative process. The main groups of stakeholders met are:  Project Affected Persons (PAP);  Local authorities;  Community People and Road Users’ and  Churches and cooperative leaders During the consultative process, beside the local authorities and ordinary population (mainly PAPs), other social organizations were also invited to attend the communication meetings. They are church leaders and local cooperative leaders. Definitions used in public consultation and resettlement action plan are available in Annexure 2 while signed attendance list of people participated in public consultation is presented in Annexure 5.

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4.5.2 PUBLIC PARTICIPATION – METHODS AND PROCESS During these consultations, the communities were explained about the project, its benefits, social and environmental impacts. The participants were encouraged to (i) be open and make known their concerns and claims. The presentation highlighted the project background, objectives, expected upcoming activities, social economic information, and environmental information as well as compensation procedures and payment modalities. Moreover, the consultants explained that land would need to be taken and that this would be managed via a resettlement action plan and that compensation would be paid for losses.

4.5.3 FINDINGS FROM PUBLIC CONSULTATION MEETING a) Consultation with District authorities District authorities were met on August 5th, 2015 to explain the project background, objectives, planned activities, expected outcome/ benefits to farmers, district and the country, implementation schedule and their roles and responsibilities and how negative impacts will be mitigated. Additional consultation for land compensation was done on December 27th, 2016. The procedures for valuation and compensation for affected properties as well as compensation payment modalities were also discussed. The officials contacted and met during public hearing are presented in Table 14. Table 12: List of Authorities Consulted in Nyamasheke District

S.No. Names Position

1 HABIYAREMYE Pierre District Executive Secretary Celestin

2 NTEZIMANA Aphrodis Infrastructure Officer

3 SENGAMBI Albert Director of Agriculture

4 6 Executive Secretaries Executive Secretary of Sector of Kagano, Kanjongo, Macuba, Kilimbi, Karambi and Mahembe

The salient feature of the meeting is presented below: i) Views from the District Executive Secretary (DES)

The DES fully supports the “Feeder Road Project” and promises to comply with social and environmental safeguards. He argued that the project on the rehabilitation of priority feeder roads in Nyamasheke is well appreciated as it will bring a lot of benefits to local communities including (i) Improved conditions of transporting goods and people;

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(ii) Creation of direct and indirect employment during the road construction, operation and maintenance phases; (iii) Reduced risk of landslides and erosion due to the reinforcement and monitoring of embankments, etc. ii) Views from the Executive Secretaries of Sectors

In line with the DES, the Sectors Executive Secretaries welcomed the feeder roads project in Nyamasheke District and acknowledged the benefits that they expect from the project. They promised their support during the implementation of development works and the maintenance of the rehabilitated infrastructures.

b) Consultation with local community

During public consultations held between August 24th and September 11th, 2015 for all 4 priority roads, the communities were explained about the project, its benefits, social and environmental impacts. The presentation highlighted the project background, objectives, expected upcoming activities, social economic information, environmental information, compensation procedures and payment modalities and their roles and responsibilities. The participants were encouraged to be open and make known their concerns and claims. The minutes of the meetings together with people consulted are reported in Annexure 5. The public consultations for land compensation were also organized between 27th and 28th of December 2016.

A total of 767 people from 4 priority roads attended different consultation meetings. This represents 66% of the PAHs. The list of participants who attended the consultation meetings is available in Annexure 5. After the project presentation by the Project Team, the community was given opportunity to give their views, comments and queries. Any comment or question raised by participants was responded to and recorded. The feeder road rehabilitation project was highly appreciated by participants because the rehabilitation of the road will boost local economy due to increased usage of the road hence more exposure and increased benefits as more people would be passing through the road and in a way increase trading opportunities. In regards to feasible resettlement alternatives, different options were presented including compensation in kind and compensation in cash. For trees and crops, most of PAPs prefer compensation in cash. For houses and other structures, most of PAPs prefer compensation in cash plus plots in selected sites for building new houses. For land compensation, PAPs who are losing small plots prefer compensation in cash while PAPs who are losing big land prefer land for land compensation. The Project team provided clarifications on land compensation. The land that will be acquired for road widening will not be compensated since it is government land. All participants agreed on this.

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The poorest vulnerable PAPs requested to be assisted to improve their houses or get new houses in addition to the compensation for their assets. This will be done. Table 15: Summary of Public Consultation in Nyamasheke District S. No Gender Question/comment Response and how addressed in ESIA 1 Male After extending his The Project team, explained that there will appreciation on the be an inventory of assets, houses, crops, project, he asked how land, etc, which are likely to be affected, the compensation will thereafter there will proceed for be done? compensation in line with the guidelines provided by the Rwandan law, and the District regulations 2 Male What will be the This largely depends on the types of jobs criteria for and will be assessed on a case by case recruitment? Will basis. there be tests? 3 Female She said “I am happy The Project team ascertained that the for this project, as it whole process of compensation and comes to solve the payment will be carefully carried out in problem of transport strict respect of the law, and the District and isolation” regulations. Furthermore, this process will However, she include local authorities and PAPs expressed her worries representatives. with regard to the The new expropriation law was explained payment / to participants. compensation 4 Female How does this project The project will benefit all people, help vulnerable vulnerable PAPs inclusive. people, people with disabilities? 5 Female Priority for jobs Priority will include women, there will not should also consider be discriminated against women if they women; women can are able to accomplish specific task. do the same work as male. 6 Male Raised the issue of The Project team explained that local employment, he people will be involved in the suggested that the employment, especially those with skills. local people should be But those with no skills will be taken as

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S. No Gender Question/comment Response and how addressed in ESIA the first ones to be manpower in the project implementation. employed project. 7 Female How will be The laws of the country and the rules of expropriation done? the District will be followed and applied. Will people have a Articles related to compensation choice on price for procedures were specified and explained their crops or houses to participants. destroyed? 8 Male What about the The project team explained that the material to be used in rehabilitation of roads will be done rehabilitation (Stones, according to Feeder roads standards and or macadam)? laterite will be used. 9 Female What benefits will Apart from jobs, there will be road there be for the rehabilitation which will improve mobility population? for the population as well as their goods. 10 Male Wishes to speed up This is likely to occur. the road rehabilitation (project) 11 Female When will the project The recruitment of implementing and start? supervising companies is ongoing and the project may start as soon as the RAP is approved and PAPs paid for. 12 Female The project is genuine The Project team suggested that they will and very good for us, make a list of people affected, and apply but how about the the rules and regulation in line with loss of land, crops, compensation. The RAP will investigate houses, etc these losses. 13 Male When are you paying The payment will be done before the start land to be affected? of civil works 14 Female Are you only The Project is paying for the strip of land compensating the that will be acquired for road widening. whole land or affected strip of land Source: Primary data generated through public consultation, September 2013 and updated in August - September 2015-December 2016.

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Other meetings were organized before the census and after the census to inform the PAPs on the valuation process and their rights and obligations in the RAP preparation and implementation. The project photographs and people who participated in the public consultation meetings are available in Annexure 5.

During public consultation of stakeholders, the following points have emerged:

 The PAPs and other stakeholders consulted are in favor of the project;  The project Affected People will prefer monetary compensation for their houses,  The PAPs who are involved in business have given their choice near the market or cell / sector resettlement scheme;  Farmers have also indicated money / cash compensation for agriculture land, crops and trees;  Most of the PAPs are looking some forms of incentives for themselves from the projects such as regular/ temporary jobs.  Poorest vulnerable PAPs requested to be assisted to improve their livelihoods.  The cutoff date was fixed on September 15th, 2015. The census was scheduled between 1stand 31st of October 2015.

4.5.4 VERIFICATION AND DISCLOSURE OF ENTITLEMENTS Upon completion of identification of the households and valuation of their land and assets, that would be affected by the project by the valuer and approval of the valuation report, the MINAGRI/FRDP and Nyamasheke District authorities organized meetings with PAPs to communicate the valuation report and discuss compensation requirements and concerns. The District also arranged meetings for the negotiations with the local communities to discuss the alternatives for resettlement and compensation. There have been meetings for disclosure from November 8th to 20th, 2015 and December 30 to 31st, 2016 where the district and project team presented the results of census and value of PAPs’ assets to PAPs. Comments from the meetings were incorporated in the Census results.

4.5.5 OTHER MEETINGS AND CONSULTATIONS The Project in collaboration with District administration organized a meeting with banks and PAPs’ representatives to discuss how to proceed with the compensation payment and signing of the agreement and contract documents. This meeting was held on November 20th, 2015 and brought together representatives of the District, Project, PAPs and local Banks/Saccos. It was agreed on that banks, operating in the project area, will facilitate PAPs without bank accounts to open them.

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5. RESETTLEMENT ACTION PLAN IMPLEMENTATION FRAMEWORK 5.1. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS The RAP implementation includes the identification of affected families and land asset inventory of the Project Affected Parties (PAPs). The activities are i) Notification to affected parties; ii) Agreement on compensation, including agreement and further development of rehabilitation measures; and iii) Preparation of contracts, compensation payments and provision of assistance in resettlement. The RAP will be implemented under an institutional arrangement. The implementation arrangements of the RAP build on:  The arrangement for the overall program management is Ministry of Agriculture and Animal resources (MINAGRI);  MINAGRI will associate with Ministries and agencies at the National, District and Local levels for co-ordination. The main executing agency (MINAGRI) through Rwanda Feeder Roads Development Project (RFRDP) will work in close coordination with Ministry of Natural Resources (MINIRENA) through its Unit (Directorate) of Land and Mines as well as the RNRA Land and Mapping Department at national level and through District Administration at local level. An institutional matrix has been prepared for the implementation of the Resettlement Action Plan as reported in Table 16 An institutional matrix has been prepared for the implementation of the Resettlement Action Plan as reported in Table 16 Table 16: Implementing Institutions and their Responsibility S.No Implementing Institution Responsibilities 1 Ministry of Agriculture and Overall Management of RAP including: Animal Resources (MINAGRI)  Organizing/holding public consultation through Feeder Roads meetings in collaboration with Development Project (FRDP) participating District  Supervising PAPs assets identification and valuation  Approving the lists of people to be affected by the feeder road project  Paying PAPs compensation  Following up the resettlement and compensation planning, implementation and monitoring  Disclosure of RAP report 2 Ministry of Natural Resources  Developing the policies and laws (MINIRENA) relating to expropriation in the public

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interest  Approving independent land valuers 3 Rwanda Natural Resources  Mapping affected areas and their Authority (RNRA) registration  Providing technical assistance to the Project and the District in assets’ identification and valuation 4 Rwanda Transport  Providing technical assistance in the Development Authority (RTDA) selection of priority roads and delineation of the ROW. 5 District  Arranging for consultation meetings with feeder road project PAPs,  Following up the resettlement and compensation planning, implementation and monitoring.  Putting in place the Resettlement and Compensation and grievance Committee  Hiring independent valuer for assets identification and valuation  Supervising PAPs assets identification and valuation  Disclosure of PAPs entitlements  Follow up PAPs compensation payment  Grievances / Dispute resolution

During RAP implementation, MINAGRI/ RFRDP will play a key role in holding consultation meetings, approving the list of people to be affected by the feeder road project, disclosing RAP and compensation payments, following up the resettlement and compensation planning, implementation and monitoring. MINAGRI/RFRDP has Engineers, Environmental and Social Specialists that look after engineering, environmental and social management issues for the main road contracts.

The MINIRENA Unit of Land and Mines in collaboration with Land use management and Mapping Unit of the RNRA in its department of land, mapping and registration of land titles are involved in the implementation of the RAP. Their main responsibilities include among others:

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a. Elaborating the policies, regulations and strategies papers related to the land, mining, geology and quarries and evaluating their implementations; b. Advising on the smooth implementation of action plans and programmes for land and mining sub-sectors and assessing their contribution towards the achievements of the long term country vision (Vision 2020, EDPRS); c. Ensuring good working relationship and partnership with various actors from public and private sectors as well as specialized research institutions working in the field of land and mining, etc. d. Making follow up and supervising activities relating to proper management, promotion, census and valuation of natural resources; e. Promoting activities relating to investment and added value in the activities of use and exploitation of natural resources in Rwanda. One land use planner and 2 land valuation officers are the key RNRA staff who will assist Project and the District in the implementation of the present RAP. The Environmental officer, Construction officer, agronomist and social officer (expropriation officer) are needed staff available at the District and Sector level who will assist in RAP implementation.

At the local level, the Nyamasheke District authorities will play a critical role in arranging for consultation meetings with feeder road project PAPs, supervising the resettlement and compensation planning, implementation and monitoring. This will be mainly done through the District Land Bureau. The district will also put in place the Resettlement and Compensation and grievance Committees, which will comprise representatives of the local administration (District, Sector and Cell level), MINAGRI/FRDP and PAPs.

This Committee will implement consultation and grievance mechanisms via the District Mayor. The District has at least one Engineer, agronomist, land valuation officer and environmental officer among other staff. The infrastructure, environmental, land valuation officers and agronomist of the district are responsible for engineering, environmental and social safeguard aspects of development projects as well as agriculture; but due to budget and capacity limitation, their engagement is restricted to minor community level development actions. In addition to the support staff, training for social and environmental safeguards will be provided by the project safeguards team.

Nyamasheke district and MINAGRI/RFRDP will work closely to establish sub committees for grievance redress for each road and these committees will include PAPs representative, sector and cells representatives and any relevant stakeholders involved in land management.

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Table 17: Resettlement and Grievance redresses committee No Names Position Phone Email number

1 Ntezimana Aphrodis District 0788590412 [email protected] Infrastructure officer

2 Iyakaremye Evelyne PAPs 0788747971 [email protected] representative

3 Agaba John Bosco District feeder 0788716777 [email protected] road engineer

4 Umulinga K. Chantal Project 0788562798 [email protected] Safeguards officer

5.2. CRITERIA FOR EXPROPRIATION AND COMPENSATION Eligibility for compensation as a result of expropriation is enshrined in the constitution under article 29 and the Expropriation Law. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights. The person to be expropriated is defined under article 2(7) of the Expropriation Law to mean any person or legal entity who is to have his or her private property transferred due to public interest, in which case they shall be legally entitled to payment of compensation.

WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets- are also eligible for compensation for the land they lose, and other assistance. Each category in the eligibility matrix has compensation calculations associated with it based on type of lost asset (type of tree, type of crop and yields, etc) (Refer Table 2).

WB OP 4.12 requires that squatters (i.e. the PAPs who do not have title or valid claim to the land) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut- off date established by the borrower and acceptable to the Bank. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas.

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Rwanda expropriation law stipulates a timeframe upon when the property to be expropriated must be handed over which is 120 days after compensation has been paid. WB OP4.12 requires that displacement must not occur before necessary measures for resettlement are in place, i.e., measures over and above simple compensation.

5.3. VALUATION AND COMPENSATION As per the Valuation Law, all people affected by expropriation must receive fair and just compensation. The calculation of fair and just compensation is to be made by independent valuers. Without prejudice to other laws, the value of land and property incorporated thereon to be expropriated in the public interest shall be calculated on the basis of their size, nature and location and the prevailing market rates. In this regard, the article 22 of the Law N°32/2015 of 11/06/2015 governing the expropriation stipulates that Land values and prices for property incorporated on land consistent with the prevailing market rates provided under this Law shall be established by the Institute of Real Property Valuers in Rwanda. However, considering the available information, it seems that the land values prices for the land and property incorporated on the land are not yet published. In the mean time, there is an arrangement whereby the valuers determine the prices considering the prevailing market rates, approved by the District council in line with the article 9 of the Law N°32/2015 of 11/06/2015. In order to ensure that OP4.12 requirements are met for valuation, these valuation methods are to be adopted for all sections of the proposed feeder roads. The following methods of calculation were adopted for assets valuation.

5.3.1. Compensation for Crops and Trees PAPs will be encouraged to harvest their produce before road rehabilitation works. In order to ensure that this is possible, and that appropriate market prices are received for yields, there needs to be sufficient consultation beforehand so that harvesting can be properly planned. In the event that crops cannot be harvested, compensation for loss of crops and trees including value of fruit trees will be provided as follows.

- Provision of cash compensation for value of crops and trees lost, as per the Rwandan expropriation law; - Provision of good quality seed or seedlings appropriate for the resettled areas

In addition to compensation for tree and shrub losses, the planting of tree species will be done along the improved roads for the road protection and replacement of tree species lost.

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5.3.2. Compensation for Houses and Other Structures

There are two options for compensating structures on land that will be expropriated. Cash compensation at full replacement value or any other form mutually agreed upon by the expropriator and the person to be expropriated are some of them (Article 35 of the Rwanda expropriation law No 32/2015 of 11/06/2015).

During PAPs consultation meetings, PAPs requested for cash compensation for their lost houses. In the project area, 31 houses will be affected by road widening activities and will be compensated in cash at full replacement value to build their new houses on their own. Three (3) fences likely to be affected will also be financially compensated for. The relocation and installation of electric poles will be done by the Project to replace those affected by road widening. The PAPs will be allowed 120 days as per the Rwanda expropriation law after receiving compensation to move to new locations of their choice. Where the PAPs may prefer replacement house, this should be at least of equivalent size and costs, and situated in the locality with basic services (water, school, health centers, etc) as well as secured tenure status.

Cash compensation should be valued based on the size of structures and materials used, prices of materials used in the structure based on local market rates, transportation costs for delivery of these materials acquired for the structure, estimates of construction of new buildings including labor required as well as any other associated costs including rates, taxes, and registration fees among others.

All PAPs are expected to resettle on the same plot of land or close to the initial land. Many PAPs will construct their houses outside the road reserve within the same plot or another plot within the same locality. Those who will need to move far away from their initial land, especially those staying in high risk zones, will be resettled in grouped settlements as per the government resettlement policy where they are freely allocated plots for house construction. They will have full ownership to the new plots. The District and the SPIU/MINAGRI will monitor the resettlement process to ensure the compensated and displaced persons have new houses. This will be done through a joint monitoring arrangement between SPIU/MINAGRI and Districts. The basic services (water, school, health center, etc) are within or near the resettlement sites.

Furthermore, resettlement assistance will be provided in the form of a moving allowance (at full costs of transport expenses). They will also be employed in road rehabilitation works. In addition, roadside vendors losing their own commercial houses or rented houses will be given plots in the selling points to be constructed by the project. Those selling points are trading centres that will be constructed for the community alongside the developed feeder road, affected vendors inclusive.

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5.3.3. Compensation for Land

Land for land and cash compensation are the compensation options. The replacement land should be of equivalent productive value and size, and located in the community or at a nearby resettlement area, with similar social and physical infrastructure systems as well as secured tenure status. For the purpose of cash compensation, land and properties on land should be valued based on the prevailing market value in the locality (local market price variations as provided by the Institute of Real Property Valuers in Rwanda). In addition, any associated costs of purchasing the land including land rates, registration fees will need to be included in the compensation calculation. Where land lost is only a small proportion of total land owned by the PAP, but renders the remaining land as unusable, the compensation provided should be calculated based on the total land affected (the actual land lost plus the remaining unusable land).

The area that will be lost for the rehabilitation/upgrading of feeder roads in Nyamasheke District is estimated to 16.6 ha and will be compensated. In addition, any associated costs of purchasing the land including land rates, registration fees will need to be included in the compensation calculation.

5.3.4. Assistance to vulnerable people In addition to compensation allowances, vulnerable people will be assisted by providing them assistance to facilitate reestablishment of livelihood activities. The table below details actions recommended for livelihood restoration of the PAPs, especially the poorest vulnerable PAPs.

Table 18: Actions recommended for livelihood restoration of the vulnerable PAPs

Livelihood restoration Description Comment Time frame options

Access to medical SPIU will closely work with local This will ensure First 6 Months of insurance administration to ensure the vulnerable continued physical the project PAPs receive medical insurance health to the PAPs implementation

Off Farm Training Provide training to earn income in non- First 6 Months of agricultural work, provision of and the project This will open up new facilitation to access financial credit for implementation options for the PAPs to equipments start other income Improved Agriculture Provision of tree seedlings, agricultural generating activities First 6 Months of inputs, training to generate more the project production of subsistence crops and implementation produce cash crops

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Option of other trainings Severely affected PAPs and those First 6 Month of the of PAPs choice from vulnerable groups will be given project the option to select any training implementation they wish, which would help them to maintain and/or improve their income generation potential. The skills training program will be designed during project implementation

5.3.5. Project related job opportunities Affected persons will be prioritized in gaining employment in the works linked to the feeder Roads rehabilitation. MINAGRI, District and the contractor will ensure that this is included in the contractors’ specifications wherever possible.

5.3.6. Resettlement measures for each category of eligible PAPs

The table below describes resettlement measures accepted for each PAPs category:

Table 19: Resettlement measures accepted for each PAPs category

Item Unit Quantity Compensation measures Cost (Frw) Crops & trees Number 9,430 Financial Compensation and 91,231,047 compensation in kind Land ha 16.6 Financial compensation 23,966,250 Houses Number 31 Financial compensation 53,986,914

Fences & Number 3 Financial compensation 420,030 garden Total 169,604,241 Disruption (5%) 8,480,212 Grand Total 178,084,454

5.3.7. Payment modalities and responsibilities of all stakeholders

The monetary fair compensation will be deposited into the account of the person to be expropriated opened with a recognized financial institution of his/her choice. Each PAP is requested to open a bank account before the payment is done.

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Currently, the saving and Credit Cooperative (SACCO) is a recognized micro-financial institution based at the Sector level and farmers are encouraged to open accounts in SACCO from their respective Sector because it is not far away.

In order to ensure the good governance of the compensation, the different stakeholders perform their respective responsibilities as follows: a) Project:  Informing the District that payment was done. The payment order accompanied with the payment lists are released to the District to inform that PAPs were paid through their accounts.  Requesting for financial report from District;  Conducting regular crosschecking visits to PAPs and banks to ensure PAPs were paid and properly use the compensation. Particular attention is given to those losing their houses and needing to construct new houses. b) District  Availing the payment documents to the PAPs’ Banks,  Communicating and calling PAPs for payment by the bank  Requesting for financial report from the bank  Submitting the financial report to the Project  Conducting regular crosschecking visits to PAPs and banks ensure receipt of the compensation and its proper use  Handling complaints or grievance raised by PAP

c) Financial Institution (Bank, Microfinancial institutions)  Payment of PAPs  Producing the financial report after payment and submitting it to the District d) PAPs  Opening an account in a recognized financial institution of his/her choice  Using properly compensation payment;  Raising issue/ complaint related to compensation payment, if any.

5.4. COMPLAINTS PROCEDURE The Article 33 and 34 of the Expropriation Law No 32/2015 of 11/06/2015 provides complaints procedures for individuals dissatisfied with the value of their compensation. The Article 33 of the expropriation Law stipulates that dissatisfied persons have a period of 10 days from the application for counter valuation by the person to be expropriated. This application should be done within 7 days after the approval of the valuation report by the expropriator.

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5.4.1. Grievance Redress Mechanisms Grievance redress mechanisms will be required to ensure that project affected people (PAPs) are able to lodge complaints or concerns, without cost, and with the assurance of a timely and satisfactory resolution of the issue. The procedures also ensure that the entitlements are effectively transferred to the intended beneficiaries. All stakeholders will be informed of the intention to implement the grievance mechanism, and the procedure will be communicated before the starting of civil works.

a) Established procedures and time frame for Grievance redress mechanism The Subproject Grievance Redress Committee (GRC), composed of representatives from the participating District, MINAGRI/FRDP, Contractor and Supervising firm as well as affected communities will be created to supervise the safeguards compliance throughout the project implementation period and resolve related issues/ conflicts. This committee will ensure that all affected people are fully informed of the process for expressing dissatisfaction and seeking redress, and will issue warnings about the consequences of failure to lodge their complaints in time.

The members of the District GRC shall include the Vice Mayor in charge of economic affairs as chair, District Feeder Road Manager (DFRM) as Vice -Chair, District Environmental Officer (DEO)as Secretary, the representative of the Contractor, Supervising firm representative and one representative of the community. The Feeder Road grievance redress Committee (FR-GRC) will also be established at the road level under the coordination of the district GRC and will be Sector and Cell based. The Sector GRC will be formed of Sector Executive Secretary as Chair, Supervising firm as Vice Chair, Subproject Environmental and Social safeguards officer as Secretary, land Officer and Agronomist of the Sector crossed by the road, the representatives of the Contractor and community representatives from each concerned sector. The Cell GRC will be composed of the Cell Executive Secretary as Chair, Cell social and economic development officer, Subproject Environmental and Social safeguards officer as Secretary, the representatives of the Contractor, supervising firm and community representatives from each concerned Cell. The District, Sector and Cell Committees will be notified by the implementing District in collaboration with MINAGRI/FRDP.

All grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed to the subproject GRC and resolved in coordination with the District Administration.

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In practice, grievances and disputes that are most likely during the implementation of a resettlement program are the following:

 Misidentification of assets or mistakes in valuing them;  Disputes over plot limits, either between the affected person and the Project, or between two neighbors;  Dispute over the ownership of a given asset (two individuals claim to be the owner of the same asset);  Disagreement over the valuation of a plot or other asset;  Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset;  Disagreement over resettlement measures, for instance on the location of the resettlement site, on the type or standing of the proposed housing, or over the characteristics of the resettlement plot; and  Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements.  Dispute over offsite impacts (for instance, runoff water from the road causing downstream damages)

b) Grievance resolution approach It is encouraged to resolve the issues at Cell and Sector levels, as they are so close to the affected communities, aware of and involved in the whole process. The unsolved grievance at the Sector level can be referred to the District committee. The relevant local administration will then attempt to resolve the problem (through dialogue and negotiation) within 30 days of the complaint being lodged. If the grievance is not resolved in this way, the dissatisfied party can refer the matter to the competent court. Local courts should be used. If not resolved then the high court or court of appeal of Rwanda remains an avenue for voicing and resolving these complaints.

MINAGRI/RFRDP will follow up the aggrieved PAP at each level to ensure that the grievances are resolved. Each sector should identify one PAP to work with MINAGRI/FRDP, Contractor, Supervising firm and the local leaders to ensure that the grievances are attended to in time.

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The channels of receiving complaints include presentation of complaints via face-to-face meetings, written complaints, telephones, email communication, third party (e.g., farmers’ organizations, Church, private sector, …), etc. c) Grievance Log

The District Project Coordination will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. The log will contain record of the person responsible for an individual complaint, and records dates for the following events:  Date the complaint was reported;  Date the Grievance Log was added onto the project database;  Date information on proposed corrective action sent to complainant (if appropriate);  The date the complaint was closed out; and  Date response was sent to complainant.

d) Monitoring Complaints The District Project Coordinator will be responsible for:  Providing the sub-project GRC reports on a bi-weekly basis detailing the number and status of complaints;  Any outstanding issues to be addressed; and  Monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action.

MINAGRI/FRDP will follow up the aggrieved PAP at each level to ensure that the grievances are timely resolved.

5.5. MONITORING AND EVALUATION The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring program of the entire proposed Resettlement Action Plan for (RAP) for Nyamasheke Feeder road development project, which will fall under the overall responsibility of the MINAGRI and District authorities. The SPIU Coordinator will have responsibility for ensuring monitoring is undertaken with the Resettlement and Compensation Committee coordinating efforts

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Periodic evaluations will be made in order to determine whether: the PAPs have been paid in full and 120 days before implementation of the project activities; economic rehabilitation measures have been implemented; and the PAPs have the same or higher standard of living than before. A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities.

These indicators will be targeted at quantitatively and qualitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing. Suggested monitoring indicators are outlined below and include (and not limited to):  Number and place of public consultation meetings held with PAPs and local authorities in preparation of or during RAP implementation;  Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned);  Number of complaints: a) Total received; b) Total justified; c) Total non justified.

This should include the subject matter for all complaints; an explanation for non justified complaints; d) Total resolved at various levels including the type of agreement reached; e) Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or RFRDP) the referral and the subject matter. Suggested performance/evaluation indicators include: 1) Total nature and level of all complaints received, resolved; 2) Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan;  Revival of affected farming activities within 4 months after the compensation payment;  Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly. In addition, an independent audit will take place at the completion of the RAP implementation.

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Table 20: Resettlement and Compensation Monitoring Programme

Parameter to be S.No Impact Monitored Indicator Method Frequency 1 Payment List Before the start of construction Compensation for Compensation Amount of Money works and whenever Crops and trees Received Received/ Receipt required Before the start of construction works and whenever House Compensation Amount of Money Payment List/ required Compensation Received Received House Title

2

Before the start of construction works Amount of Money Compensation and whenever Compensation for Received/ Receipt Compensation 3 land received PaymentReceived List required

Grievances Complaints Mechanisms Received Number 3 Registration form Monthly Basis

5.6 COMMUNITY INVOLVEMENT

Infrastructure development projects are designed and implemented for the public good. It is frequently unavoidable that the implementation will have immediate adverse impacts on certain members of the community. Such adverse impacts put respective households or individual at risks. Whenever such negative impacts are foreseen, a resettlement is prepared to address and mitigate against such negative impacts.

The World Bank OP 4.12 stipulates that any displaced persons and their communities including any host communities should be provided with timely and relevant information, consulted on resettlement options. The communities and project affected persons should be also offered opportunities to participate in planning, implementing and monitoring resettlement.

The primary objectives to involve communities and to consult with the PAPs are to:

o Develop constructive public opinion that will lead to the execution of a fair and participatory project; o Promote an environment for the participation and decision making of the

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communities in solving their own problems; o Encourage a participatory process of all entities involved in the project’s development; o Develop a community participation and consultation plan for its future implementation of a final Resettlement Plan. o Encourage the PAPs to be open-minded to share insight information about the land tenure, to make known their concerns and claims and to be transparently informed about the project and grievance process for their own rights and for lodging complaints.

During the field work, a number of meetings with all stakeholders (PAPs, local administration, financial institutions, etc), discussions, consultations, interviews were conducted to explain the project, get feedback from all stakeholders in order to involve them in the whole project steps. Details were provided in Section 5.

5.6. DISCLOSURE OF SOCIAL SAFEGUARDS INSTRUMENTS The Ministry of Agriculture and Animal Resources will disclose the updated Resettlement Action plan by making copies available at its head office and in District / Sectors where the project is situated. The copies shall also be made available to the local government’s agencies, the Environmental and Social Group and other stakeholders. The Government of Rwanda will also authorize the World Bank to disclose this RAP electronically through its InfoShop.

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5.7. BUDGET FOR RAP IMPLEMENTATION The budget for RAP includes compensation for all type of properties, crops, land, and facilities. The Government of Rwanda, through Ministry of Agriculture, will make available funds for compensation and this will be done prior to any taking of land. In event of loss occurring to an individual, Article 3 of the Expropriation Law stipulates that he or she should receive just compensation for it. This entitlement is based on the figure arrived at by the independent valuer. Article 4 of this law also stipulates that any project which results in the need for expropriation for public interest shall provide for all just compensation in its budget. Through mutual arrangement, both parties can determine the mode of payment. Article 22 (2) of the Expropriation Law provides that through an agreement between the person to expropriate and the one to be expropriated, just compensation may either be monetary, alternative land or a building equivalent as long as either option equates to fair and just monetary compensation. In case the determination of ‘just’ compensation exceeds in value the alternative land given to the expropriated person, the difference will be paid to the expropriated person.

Land acquisition and compensation will be undertaken according to national legislation with particular reference to the Law on Expropriation for Reasons of Public Use and the World Bank’s OP 4.12; provided that in the case of inconsistency between these two standards, OP 4.12 shall prevail. Based on the field visits, the data on compensation have been prepared and summarized in following tables:

Table 21: Price for land in Different Sectors of Nyamasheke District6 S. No Sector Cell Land Price/m2RWF 1 Bushekeri Impala, Kagatamu, 183 Karusimbi and Gasheke Others 107 2 Shangi 138 3 Gihombo 107 4 Kagano 122 5 Kanjongo Raro and Susa 107 Others 153 6 Karambi 77 7 Karengera 77 8 Kirimbi 92

6 Source: Official Gazette No. 19 of 10/05/2010

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9 Macuba 107 10 Mahembe 107 11 Nyabiteken 107 12 Rangiro 107 13 Shangi 138 Source: Official Gazette No. 19 of 10/05/2010

Table 22: Compensation Rates for Crops7 S.No Crop Unit Rate (RWF) 1 Banana Plantation Rwf/m2 220 2 Tomato Plantation Rwf/m2 750 3 Sweet Potatoes Rwf/m2 200 4 Cassava plants Rwf/m2 405 5 Coffee Plants Rwf/m2 2500 6 Coffee Plantation Rwf/m2 400 7 Fence (in Europhobia) Rwf/m2 920

Table 23: Compensation Rates for Building/House8 S.No House Building Unit Value (RWF) 1 Moud House Rwf/m2 20,000 2 Residential house Rwf/m2 50,368 3 Commercial house Rwf/m2 50,368

Table 24: Tree Compensation Rates S.NO Type of Tree Unit Valuation (RWF) 1 Avocado (Young) Rwf/Tree 4,005 2 Cedrela (Young) Rwf/Tree 5,720 3 Eucalyptus (Mature) Rwf/Tree 4,000 4 Grevillea (Mature) Rwf/Tree 858 Source: Field Discussions Based on the impacts described earlier, this section present the budget estimates according to the aforementioned valuation methodologies and unit value rates. The estimated budget for RAP is summarized in Table 25.

7Source: Field Survey August 2013 8 Market Rate-Discussion during Field Visit; The minister order determining the price of the building is Rwf 30,500 m2 for foundation; 13,3368 Rwf/m2 for Elevation; 5000 Rwf for roofing and 1500 Rwf for pavement. This makes the total of 50,368 Rwf/m2

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Table 25: Resettlement Action Plan Estimates/ Budget Item Activity Unit Quantity Frequency Unit cost Total cost (Frw) (Frw) Public Consultation Number of 2 2 days 75,000* 300,000 consultation meeting with the project staff PAPs Database Census and Valuer One 2 weeks Contract 6,000,000

valuation of Company with the assets (crops, Valuer trees and structures)

Disclosure of Meeting with Number of 1 4 days 75,000 300,000 entitlement PAPs for project staff

displaying census results

Preparation of Comparison Number of 2 2 days 75,000 300,000 alternatives and choice of project staff the best alternatives of compensation to the PAPs

Compensation Payment for crops Ha 9430 Once LS** 91,231,047 and other and trees resettlement Payment of land Ha 16.6 Once LS*** 23,966,250 measures Payment for Houses Structures 31 Once LS** 53,986,914 & structures Follow up of PAPs livelihoods Number 31 1 year LS 3,000,000 PAPs restoration program displaced PAPs Assistance to Number of 108 1 year LS 12,000,000 vulnerable people vulnerable PAPs Capacity Training and Years 2 Twice a year 19,600,000 building of technical assistance 9,800,000 Districts staff for environmental in safeguards and social safeguards Total 210,684,211

Contingency (5%) 10,534,211

Grand Total 221,218,422

NB: *: The unit cost includes both staff mission and transport allowances. **: The unit cost for houses varies from one house to another. ***: The unit cost for land varies from one Sector to another

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The amount in the Table above is equivalent to the total amount for all houses. Similarly, the cost for crops & trees was calculated based on affected crops or trees and varies with plant species and their growth stage.

5.8. IMPLEMENTATION SCHEDULES

The implementation schedule of the RAP for Nyamasheke feeder roads is presented in Table 26below.

Table 26: Implementation schedule of the RAP Time (Months) Oc Project Au Dec Jan Oct Nov Dec Jan t1 No Dec Jan Feb activity g Sep Oct Nov 15 16 …… 16 16 16 17 … 7 v17 17 18 18 Public consultations Census & valuation of assets Disclosure of entitlements RAP approval RAP disclosure Compensatio n payment Notice to leave land Grievance management RAP monitoring & evaluation RAP completion audit

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6. CONCLUSION AND RECOMMENDATIONS 6.1. CONCLUSION Based on Project Description, Socio-economic Baseline Data, Environmental Impacts, and Resettlement Action Plan (RAP), the following conclusions are drawn:

The consultant has reviewed the report as explained in the approach and methodology. The review included the up-dating of missing data on actual number of PAPs, baseline on social-economic profile of PAPs and assessment of impacts. The proposed feeder road rehabilitation will play an important role in economical growth and reduction of the poverty. Educational, cultural and health centers will have an easy access thus making improved living standards and quality life of the people. ii) The cost of the interventions to improve the feeder roads has been reproduced from the feasibility report. The total cost to improve the priority roads of 52.33 km will be US$ 5,141,300 million with an average cost per kilometre amount to US$ 103,091. The RAP cost is estimated RWF 221,218,422 including:

 Resettlement Action Plan : 178,084,453 frw  Resettlement Action Plan Monitoring : 32,599,758 frw  Contingency rate (5%) : 10,534,211 Frw iii) The widening of ROW will need 16.6 ha of additional land for the road rehabilitation and most of the land is used for agriculture. The resettlement and compensation of crops and houses will be made as per the law of Rwanda and in accordance with OP 4.12.

During public consultation few recommendation were drawn are :i) Involve local communities in all stages of project planning and development, ii) Permanent communication between projector initiators and local authorities, iii) for RAP a cut-off has to be determined as per Rwanda Resettlement Policy Framework iv) All people whose properties have been affected by the project have to be compensated for loss of land, crops and trees as provided for in this RAP, v) Grievance redress and monitoring register have to be set-up and the process be publicized in the affected areas vi) During construction, PAPs shall be given first priority in the employment of skilled and unskilled manpower.

6.2. RECOMMANDATIONS

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 The stakeholders including the PAPs are positive for the development of the project. During public consultation following points have emerged:The project Affected People will prefer monetary compensation for their houses,  The PAPs who are involved in business have given their choice near the market or cell / sector resettlement scheme;  Farmers have also indicated money / cash compensation for agriculture land, crops and trees;  Most of the PAPs are looking some forms of incentives for themselves from the projects such as regular/ temporary jobs.  Poorest vulnerable PAPs requested to be assisted to improve their livelihoods.

In view of above it could be concluded that project will bring benefit to the people of the area. The resettlement impacts are within the manageable limits and can be mitigated with the proposed resettlement management plans and payment of compensation and hence the implementation of the project is in the public interest.

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ANNEXES Annexure 1: Study Team

S. No. Name of the Expert Specialization

1 Dr Krishna Pal Environmental Specialist and Team Leader

2 Rutebuka Balinda Sociologist

3 Sanjvee Kumar Auto CAD Operator

4 Jacques Bizimana Computer Data Operator

Annexure 2: Team for updating the resettlement action plan S. No. Name of the Expert Specialization

1 Habamenshi Didace Environmental and Social Safeguards Specialist and Team Leader

2 Muligande Benjamin Social Safeguards Specialist

3 Agaba John Bosco Feeder Roads Engineer

4 Mbabazi Fiona Census and data management officer

Annexure 3: DEFINITION USED RAP Agricultural labourer: means a person primarily resident in the affected area who does not hold any land in the affected area but who earns his livelihood principally by manual labour on agricultural land therein immediately before such declaration and who has been deprived of his livelihood; Agricultural land includes lands being used for the purpose of i) Agriculture or horticulture; ii) Dairy farming, poultry farming, pisciculture, breeding of livestock or nursery growing medicinal herbs; iii) Raising of crops, grass or garden produce; and land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only Census: is a data collection technique of completing enumeration of all Project Affected Families and their assets through household questionnaire. Compensation: means payment in cash or in kind to replace losses of land, housing, income, and other assets caused by a project.

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Cut-off date: This refers to the date prior to which the project affected family was in possession of the immovable or movable property within the affected zone. Entitlement: is defined as the right of project affected persons (PAPs) to receive various types of compensation, relocation assistance, and support for income restoration in accordance with the policy provisions. Entitlement Matrix is a table to define different nature of PAPs losses and compensation packages and other relocation assistance. Family includes a. person, his' or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes "nuclear family" consisting of a person, his or her spouse and minor children Non-agricultural labourer means a person who is not an agricultural labourer but is primarily residing in the affected area who does not hold any land under the affected area but who earns his livelihood principally by manual labour or as a rural artisan immediately before such declaration and who has been deprived of earning his livelihood principally by manual labour or as such artisan in the affected area; Non-titleholder: Affected persons/families with no legal title to the land, structures and other assets adversely affected by the project. Non-titleholders include encroachers, squatters, etc. Project Affected Persons (PAPs): indicates any person being as it may an individual, a household, a firm or a private or public who, on account of the execution of the project, or any of its components or sub-projects or parts thereof would have their right, title or interest in any house, land or any other asset acquired or possessed, in full or in part; or business, occupation, work, place of residence or habitat adversely affected; or standard of living adversely affected, including the follows. Rehabilitation (Income restoration/Livelihood restoration): means the process to restore income earning capacity, production levels and living standards in a longer term. Replacement cost/value: Replacement cost is the cost of purchasing comparable assets elsewhere by the affected person in lieu of the acquired land, buildings, structures, and other immovable assets, etc. Socio-economic survey: is carried out in order to prepare profile of PAPs and to prepare for Resettlement Action Plan.

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The survey result is used (i) to assess incomes, identify productive activities, and plan for income restoration, (ii) to develop relocation options, and (iii) to develop social preparation phase for vulnerable groups.

Titleholder: A PAP/PAF who has legal title to land, structures and other assets in the affected zone.

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Review and Update of the Environmental and Social Impact Assessment and Resettlement Action Plan For Selected Feeder Roads in the District of Karongi in Rwanda - Project ID: P 126498

ANNEXURE4: QUESTIONNAIRE FOR SOCIAL SURVEY

1. IDENTIFICATION

1.1 City/Town :______Name of Street /Road :______1.2 Name of Settlement/area:______Chainage No. :______1.3 Name of Head of the Household/Owner: 1.4 Name of the Respondent: 1.5 Relationship to HH : 1.6 Category of PAF: Titleholder -1 Encroacher -2 Tenant -3 Squatter -4 Kiosk -5 Others (specify) -6

2. GENERAL INFORMATION

2.1 Religious Group: Christians - 1 Muslim - 2 Others (specify) - 3 2.2 Social Group: Vulnerable - 1 General - 2 2.3 Mother Tongue : ______2.4 Place of Nativity :______2.5 Family Pattern : Joint - 1 Nuclear - 2 Individual - 3 2.6 Size of Family : Small (2-4) - 1 Medium (5-7) - 2 Large(Above 7) - 3 3. FAMILY PARTICULARS (Start from head of the household)

Relation- Any Any skilled S. Name of the Sex Age Marital ship to HH Education Disability family No member (years) Status Head member 1 2 3 4 5

3.1 Household’s Main Occupation______and Monthly income(RWF______3.2 Subsidiary Source ______and Monthly Income (RWF) ______3.3 No. of Adult earning members: ______3.4 No. of dependents: ______3.5 Family annual expenditure: RWF______3.6 Indebtedness When Rate of Amount Purpose of Source Amt. Borrowed Borrowed interest per outstanding as Borrowing (Year) annum on date

3.7 Household Assets: ______4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES

4.1 Type of Shop/Business Enterprises (SBEs)

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Review and Update of the Environmental and Social Impact Assessment and Resettlement Action Plan For Selected Feeder Roads in the District of Karongi in Rwanda - Project ID: P 126498

Hotel -1 Tea &Snaks -2 Repair & Workshop -3 Other Shops (Specify) -4 Other Enterprise (Specify) - 5 4.2 No. of Partners :______4.3 Employment Pattern Owner/Operator -1 Employed 1 to 5 persons -2 Employed 5 & above -3

5. VULNERABILITY Are considered as vulnerable Orphans, disabled and old people (above 65 years)

6. INFORMATION ON AFFECTED PROPERTY

6.1 Details of the structure Type Cons No.of Impact Utility Total Impacted of Use Year type Rooms/ connection area(Sq.m) area(Sq.m) storey P F

Type of Use:1. Residential, 2.Commercial, 3.Residential cum Commercial, 4.Other (Specify) Cons.Type:1.Mud, 2.Brick/ RCC, 3.Semi-RCC Utility Connection: 1.Electricity; 2.Water; 3.Phone P-Partially F-Fully

6.2 Other Affected Assets Compound wall -1 Tree -2 Open well -3 Others (Specify) -4 Replacement Value (Rs.) :………………………………………..

7. PROJECT RELATED INFORMATION

7.1 Are you aware of the proposed Feeder Road Project? Yes -1 No -2 7.2 If Yes, Source of information______7.3 What is your opinion about the project? Good -1 Bad -2 Can’t say-3 7.4 If good, what positive impacts do you perceive? ______

7.5 If bad, what negative impacts do you perceive? ______

8.RESETTLEMENT AND REHABILITATION

8.1 In case you are displaced (residentially where and how far you prefer to be located? Within the area - 1 Outside the area - 2 Place name: ……………Distance (in k.m.)

8.2 Replacement Option

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Review and Update of the Environmental and Social Impact Assessment and Resettlement Action Plan For Selected Feeder Roads in the District of Karongi in Rwanda - Project ID: P 126498

Land for land lost -1 Cash Assistance -2 House in Resettlement Site -3 Shop in Resettlement Site -4 Other(Specify)

8.3 Factors to be considered in providing alternate place Access to family/friends -1 Income from household activity -2 Income from Business activity -3 Daily Job -4 lose to Market -5 Other(Specify) -6

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Annexure 5:Attendance list for public consultation Meeting in Nyamasheke District

Feeder Road Gatare – Uwisumo - Gisovu

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Feeder Road Gatare – Uwisumo – Gisovu

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Feeder Road: Kamiranzovu – Gitwa - Ryarutungu

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Feeder Road: Kigoya – Muraza – Vugangoma – Nyakabingo - Rupango

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Feeder Road: Muremure – Nyarubura – Peru

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PHOTOGRAPHS OF PUBLIC CONSULTATION AND PROJECT AREA

(Nyamasheke Districts)

o Roads n 13 Less Width and Slippery Roads Damaged By Rain

Houses on Row Feeder Road no 4 Tree Plantation on Road no 2

TEA Plantation Site On Road No 2 Cyato Start of Road no 2 at Uwisumo (forest guard post)

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Public Consultation at Nyamasheke Public Consultation at Nyamasheke

Bad Road and stones on the road Roads Damaged By Rain

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