Gakenke District
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REPUBLIC OF RWANDA RWANDA TRANSPORT DEVELOPMENT AGENCY (RTDA) FEEDER ROADS DEVELOPMENT PROJECT (FRDP) REHABILITATION, UPGRADING AND MULTI-YEAR MAINTENANCE WORKS OF SELECTED FEEDER ROADS IN GAKENKE DISTRICT (LOT 1, 2&3 (69KM) UPDATED RESETTLEMENT ACTION PLAN GAKENKE DISTRICT April, 2020 Page 1 of 155 EXECUTIVE SUMMARY The Government of Rwanda (GoR) has received Additional Financing form Multi Donor Trust Funds (MDTF) for the Feeder Roads Development Project for rehabilitation of selected feeder roads in the six districts, namely Gatsibo, Nyagatare, Nyaruguru, Gakenke, Rutsiro and Nyabihu. In March 2017, the project prepared the Resettlement Action Plan for Feeder Roads rehabilitation in Gakenke district, however with the new contract approach of Design Build and Maintain (DBM) where contractor has to conduct detailed design, it was found necessary to update the initial RAP to take into consideration of the detailed design conducted by the contractors that have been hired in June and September 2019. This updated RAP identified new and old PAPs, their affected assets/properties, their value and provides a strategy for resettlement compensation to ensure that the PAPs’ livelihoods are restored or improved. The rehabilitation of the feeder roads requires the preparation of the 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. In this regards, RTDA/FRDP through Gakenke District employed JV CSC & EC, FAIR CONSTRUCTION and CHICO for updating the Resettlement Action Plan (RAP) of the selected feeder roads of Gakenke, District. The present RAP report presents the main findings from Gakenke District. The objectives of this RAP were to provide a baseline with regard to the socio- economic conditions of PAPs after field investigation, to identify the national and international legal framework to abide with as well as the institutional arrangements, to assess the potential impacts and their mitigation mechanisms; to estimate the cost necessary for compensation and to conduct public consultations with PAPs and other project stakeholders through raising awareness of the project and its consequence’s among the public in general. The methodological approach used to achieve the objective of the assignment, include the desk review of existing reports on feeder roads in Rwanda and socio-economic data on Gakenke District, field visit, consultation meeting with different stakeholders and understand their review the Page 2 of 155 review of the existing national policies and legal instruments governing the resettlement compared to the Word Bank standards and requirements, among others. Furthermore, the contractor conducted public participation through Consultation meetings and field visits to collect needed data. The study findings revealed that the population living or having properties within 10.5 m right of way is 20% females and 80% males grouped into 1071 families. During the socio-economic survey that was conducted in Gakenke it was revealed that 69 households composed by 300 people will be relocated and they are grouped in these categories: those whose houses have bigger plot and they will build in the same parcel, they are also people who have other houses in the neighborhood and preferred cash for compensation and a small number of 8 households will totally move to the closer settlement in the selected same village. People who move will get the displacement assistance. A total number of 202 were identified vulnerable people in 150 vulnerable household; To mitigate relocation issue the project together Gakenke district will assist them finding new location near the model villages where basics needs (electricity, water schools) are easy to be provided. The survey conducted in Gakenke district has shown that people are vulnerable divided into 2 categories (1. very old and 2. Need special attention) The population affected by the rehabilitation of the 1st priority feeder roads is 5552 PAPs grouped into 1071 families of which 20% are females and 80% males. About 82.1% of the affected community is literate, with mostly primary education level. Majority of the affected families have 4 to 6 people/ household and the vulnerable people represents 18.8 % of the total affected families. This category of people will be given opportunity to get jobs in construction social infrastructures, guarding construction materials. As the project caters for environmental component through vegetation the vulnerable people will be the priority to do the nurseries related activities. It is worth to note that 59% of the total affected families own at least one type of livestock and survive from agriculture. All PAPs and other stakeholders consulted are in favor of the proposed project. The rehabilitation of all feeder roads in Gakenke District will need an average of 31.05ha of additional land to have 10.5 m right of way, of which 82 % is agricultural Page 3 of 155 land. The potential land acquisition is likely to lead to loss of houses and live fence, crops and forests and approximately trees with at least cm of girth size. water valve chambers and water taps are also likely to be affected. All the affected properties will be compensated. The resettlement and compensation of crops, trees, houses and land will be made as per Rwandan law and the World Bank’s policies (OP 4.12); the latter will prevail. MoE, MININFRA, MINAGRI, MINALOC, MINECOFIN, RTDA, RDB, RLMUA, and District of Gakenke are the key implementers of this RAP. Compensation of PAPs affected properties will be done before the beginning of any kind of civil works. Grievance redresses committees at the Subproject and road level were established to supervise the safeguards compliance throughout the project period and resolve related issues that may arise during or after the project works. A strong monitoring system will be put in place to receive and resolve PAPs issues raised. The estimated budget/cost of RAP for the interventions to improve the feeder roads in Gakenke District is Frw 568,696,195. The Cross- cutting issues like GBV, VAC and SEA as they affect human being are costless but there is mitigation measure of raising the awareness campaign by the local service provider as stated in the signed contract in Gakenke district. The Government of Rwanda will disclose this RAP report locally and will authorize the World Bank to disclose it electronically through its Info Shop. In view of the RAP results, it could be concluded that the project will bring a lot of benefits to Gakenke community. The resettlement impacts are within the manageable limits and can be mitigated with the proposed resettlement management plans. However, for the successful implementation of planned development activities, the timely implementation of the proposed mitigation measures is required. BASIC DATA OF THE RAP S/Nº Description Impacts in Quantity 1 District Gakenke 2 Province Northern Province 3 Planned activity Rehabilitation /upgrading and maintenance of Roads, Drainage and Bridges 4 Priority Roads in Numbers 3 5 Road names Lot 1 Buranga- Kamubuga –Base (32km) Page 4 of 155 Lot 2(˜ 18Km): Kivuruga-Mbatabata:8.4Km Kabyaza-Nuro-Kanyiramenyo:5.16Km Base-Masoru-Mukaje:4.76Km Lot 3(˜19Km): Gashenyi-Karambo-Kinoni:11Km Ruhanga-Biziba:7.8Km 5 Length of Roads in Km 69Km 6 Average additional width in 10.5 meters 4.5 m 7 Average additional width in 6 meters 1.3 m 8 Number of households who will lose 69 house fully 9 Number of households who will lose None house partially 10 Private live fences affected in meters 1 (10m) 11 Number of institutional buildings None affected fully 12 Loss of lands permanently in hectares 31.05 13 Loss of Crops in ha 12.74 14 Loss of trees in numbers (with at least 16076 30cm girth size) 15 Water Taps 1 16 Electrical poles 3 17 Water pipes 100m 18 Total number of affected households 1071 19 Total number of vulnerable HH 150 20 Total number of vulnerable people 202 21 Number of affected Persons 5552 22 Estimated Budget/cost for the RAP and 568,696,195 GRC budget included (in Frw) Page 5 of 155 Table of Contents EXECUTIVE SUMMARY ................................................................................................ 2 List of Tables ................................................................................................................... 9 List of Figures ................................................................................................................ 10 List of Annexes .............................................................................................................. 10 ABBREVIATIONS ........................................................................................................ 11 Definition of Terms ................................................................................................... 12 1.1 BACKGROUND .............................................................................................. 18 1.2 RESETTLEMENT ACTION PLAN OBJECTIVES .......................................... 22 1.3 APPROACH AND METHODOLOGY ............................................................ 23 1.4 FORMAT OF THE REPORT ........................................................................... 24 2. POLICY, LEGAL AND INSTITUTIONA FRAMEWORK .................................. 25 2.1. NATIONAL RELEVANT POLICIES AND STRATEGIES .................................. 25 2.1.1. National Land Policy, 2019 ............................................................................