Resettlement Action Plan For Selected Feeder Roads in the District of Karongi 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)

FINAL REPORT

Public Disclosure Authorized

UPDATED RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS OF

Prepared in November 2013 and Revised in February 2017 Public Disclosure Authorized

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PROJECT BASIC DATA No Description Impacts in Quantity 1 District Karongi

2 Province Western Province Construction/Rehabilitation/upgr ading of Roads, Drainage and 3 Planned Civil works Bridges

4 Cost of Civil works (priority roads for 72.25 km) 6,816,881 million $ 5 Cost by km 92,495 USD 6 Cost of RAP 151,534,305 Frw

7 Number of households to be physically displaced 38

8 Private fences affected in meters 13,094

9 Number of institutional buildings affected fully 1

10 Number of institutional buildings affected partially No

11 Number of institutional fences in meters No

Loss of agricultural lands permanently in 22.41 12 hectares*

13 Loss of Crops and trees in hectares 19.99

14 settlements in Hectares 2.42

15 Number of households who lose strips of lands in 1,021 RoW

16 Loss of trees in Number 30,000

17 Loss of telephone line affected in meters No

18 Public water taps 2 19 Cemeteries No 20 Partially affected households 983 21 Total number of project affected households 1,021 22 Project Affected Persons (PAPs) 5,105

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EXECUTIVE SUMMARY Rwanda has four provinces (East, West, North and South) and City1. The District of Karongi is one of the 7 Districts that make the Western Province and is bordered by Rutsiro and Ngororero to the North, Muhanga and Ruhango districts to the East, Nyamasheke and Nyamagabe districts to the South and the Democratic Republic of Congo.

Karongi District stretches over an area of 993 km2with a population of 331,571, composed of 175,684 females and 155,887 males, which represent a Sex Ratio of 89 and distributed into 77000 households. It is among the which has a high density of 334 persons per square kilometer and faces to the demographic growth with average annual growth rate of 1.7 %. The majority of the population of Karongi District is young, with 80% of the population aged less than 40 years old. About 54% of the population is aged 19 years or younger. People aged 65 years and above make up 5% of the population.

The Ministry of Agriculture and Animal Resources is planning to develop feeder roads in the district as a way of increasing the agricultural production and access to the market. The planned total length under this phase is 75.25 km. The main objective of updating this resettlement Action Plan is to accommodate new changes made during the final design studies and to include compensation for land. The specific objectives are:  To review and update the existing RAP 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 the Government of Rwanda (GoR) and the operation policies and safeguards measures of the World Bank (WB).

The Project Safeguards Team reviewed the Karongi RAP report prepared and disclosed in November 2013 as well as the Karongi Design Report in July 2015 and carried out census for PAPs assets identification and valuation in October - November 2015.In the Karongi RAP report of November 2013, the actual numbers of people likely to be affected due to the development of the project were not identified. Based on review and census, the missing data was collected, compiled and analyzed during field studies. The 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 that it fulfills the requirements of Government of Rwanda, and the World Bank’s safeguard policies (OP 4.12 on Involuntary Resettlement). The cost of the implementation of the resettlement management plan and monitoring programs were estimated and budgeted for. The Rwanda National Acts, Legislation and Laws were consulted with a view to ensure compliance with various requirements. Legislation and Laws were consulted with a view to ensure compliance with various requirements.

F 1 Geography of Rwanda, Wikipedia, the free Encyclopedia

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The cost of the interventions to improve the feeder roads is estimated during the feasibility study. The total estimated cost to improve 75.25 km of feeder roads amounts to US$ 6,816,881 million; the average cost per km amounts to US$ 92,495 USD. The RAP cost is estimated to 194,159,275 Frw, contingency inclusive, including monitoring cost. The details are as follows:  Resettlement Action Plan :157,934,275 Frw  Resettlement Action Plan Monitoring : 26,979,320 Frw  Contingency rate (5%) : 9,245,680 Frw The RAP cost is 3.4% of project costs

The widening of ROW will need 22.41 ha of additional land for the road rehabilitation. The loss of houses will be 38 in number, including one institutional building. The project will affect 1,021 households with a total population of 5,105 persons. The loss of various trees species at different growth stages will be 30,000.The resettlement and compensation of crops, trees, houses and other structures will be made as per the law of Rwanda and the safeguard policies of the World Bank (OP 4.12). The land to be acquired is private domain and will also 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.

Category Type ENTITLEMENTS of PAP of Compensat Compensation for Loss of Compensation Moving Other Assistance Loss ion for Loss land for Loss of Allowance of Income Structures Property Loss ------The land acquired for road ------Disturbance allowances Owners of widening will be compensated 5%, registration/ transfer fees land 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

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PAPs

Temp Rental allowances Land will be rehabilitated orary based on annual after laterite extraction and given back to their loss of land output and respective owners land costs associated with land due to preparation and site crop management install ation and borro w pits Loss Compensat For lost rental Coverage of Disturbance of ion at full income, Lump full cost for allowance & right to salvage struct replaceme sum cash total transport materials without ure nt value payment of 6 expenses deduction from not months’ rent per compensation depreciate tenant d, taking Provision of tree seedlings, agricultural into inputs, job opportunities account and facilitation for market health insurance and values for other government support, etc. to structures vulnerable PAPs. and materials Capacity building of or severely affected PAPs possibility and vulnerable groups to maintain and/or improve of their income generation relocating potential. to new settlement 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 forest compensation allowances Trees based on type, age and productive Planting of trees in the value of affected buffer zone of the

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trees developed roads to replace for the removed ones and protect rehabilitated roads Loss of Cash Disturbance crops compensation allowance (includ based on the type, ing age and market tree value of the crops) mature crop in the scarce season, whichever is greater. Property Loss of payment of Six Coverage of full Disturbance lease rental months’ rent cost for total allowance holders/T accom transport enant modati expenses on Loss of Cash Disturbance crops compensation allowances (includ based on the type, ing age and market tree value of the crops) mature crop in the scarce season, for the remaining period of the tenancy/lease Squatters Loss Cash Relocation Disturbance / of compensati assistance allowance, informal struct on at full (coverage of dwellers* ure replaceme costs of Right to salvage materials without nt cost not transport & deduction from depreciate assistance to compensation d, taking find alternative into secured Provision of tree account accommodatio seedlings, agricultural market n, preferably in inputs, job opportunities and facilitation for values for the community health insurance and structures of residence other government and through support, etc. to materials. involvement of vulnerable PAPs. the project) Capacity building of severely affected PAPs and vulnerable groups to maintain and/or improve their income

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generation potential.

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

points, etc

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

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During public consultation, few recommendations drawn are : (i) Involve local communities in all stages of project planning and development, (ii) Permanent communication between project initiators and local authorities, (iii) for RAP a cut-off has to be determined as per Rwanda Resettlement Policy Framework, (iv) all project affected people (PAPs) have to be compensated for loss of land, structures, 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, the 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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INCAMAKE3 U Rwanda rugizwe n’Intara enye (Intara y’Amajyepfo, Intara y’Amajyaruguru, iy’Iburasirazuba n’Intara y’Iburengerazuba) n’Umujyi wa Kigali1. Akarere ka Karongi ni kamwe mu turere turindwi tugize intara y’uburengerazuba. Akarere gahana imbibi n’Akarere ka Rutsiro na Ngororero mu Majyaruguru, Akarere ka Muhanga na Ruhango Iburasirazuba, Nyamasheke na Nyamagabe mu Majyepfo. Mu Burengerazuba, Akarere ka Karongi gahana imbibi n’Igihugu cya Repubulika Iharanira Demokarasi ya Congo. Karongi ifite ubuso bugera 993 km2 ikagira abaturage babarirwa mu 331,571 bagizwe n’imiryango 77000. Abagera kuri 175,684 ni ab’igitsina gore naho 155,887 n’ab’igitsina gabo. Karongi ni imwe mu turere dufite ubucucike bwinshi aho bugera kuri 334/km2 naho ubwiyongere bw’abaturage bubarirwa kuri 1.7%. Igice kinini cy’abaturage ba Karongi ni urubyiruko aho abagera kuri 80% bafite munsi y’imyaka 40. Abagera kuri 54% bafite munsi y’imyaka 19 naho abarengeje imyaka 65 bangana na 5% gusa.

Mu rwego rwo gufasha muiterambere ry’Akarere no gufasha abaturage kugeza umusaruro wabo ku isoko, Minisiteri y’Ubuhinzi n’Ubworozi irateganya gutunganya imihanda yo mu Karere. Uburebure bw’imihanda 6 buteganywa gukorwa ni 75.25 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 ry’imihanda mu Rwanda (RTDA). Aka kazi kazibanda ku nshingano zihariye zikurikira:  Gukosora no kuzuza raporoyakozwe 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. Raporo yakozwe na RTDA yasubiwemo n’impuguke. 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 burwo 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.

Inyigo zanyuma z’uko imihanda izasanwa zagaragaje ko gusana 75.25 Km bizatwara 6,816,881 z’amadorari y’Amerika, aho igiciro cya 1km kibarirwa 92,495 $US. Gusana imihanda bizasaba kuyagura ibyo bikaba bizabangamira abaturage bashobora kuzabura ubutaka, inyubako ndetse n’ibihingwa byabo. Kugirango hirindwe ingaruka mbi umushinga wagira kubaturage umushinga wabaruye imitungo yabo unateganya amafaranga azifashishwa mu kubimura.

3: Translation of the executive summary in local language, Kinyarwanda

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Amafaranga ateganyirijwe gahunda yo kwimura no gutuza abazangirizwa ibikorwa no gukora imihanda ni 194,159,275 Frw, habariwemo amafaranga adateganyijwe, agabanyije mu buryo bukurikira:  Kwimura no Gutuza Abazangirizwa n’ikorwa ry’imihanda : 157,934,275 Frw  Gukurikirana gahunda yo kwimura no gutuza abazangirizwa n’ikorwa ry’imihanda : 26,979,320 Frw  Amafaranga adateganyijwe (5%) : 9,245,680 Frw Igiciro cya RAP kingana na 3.4% by’igiciro cy’imirimo yo gukora imihanda.

Kwagura imihanda bizatwara ubuso bungana na 22.41 ha z’ubutaka. Hazangirika kandi amazu 38. Muri rusange imiryango 1,021 igizwe n’abantu 5,105 niyo ifite ibikorwa bizangizwa n’iyagurwa ry’imihanda muri Karongi. Hazangirika ibiti bigeze kuri 30,000. Kwimura no kwishyura ibizangirika bizakorwa hakurikijwe amategeko y’u Rwanda n’aya Banki. Ni byiza kwibutsa ko kuva mu 2010, mu Rwanda habaye 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, amazun’ubutaka bizakorwa hakurikijwe amategeko y’u Rwanda, ndetse aho bishobotse, hakoreshwe igiciro cyo ku isoko. Abazimurirwa ahandi bazitabwaho by’umwihariko. Itegeko ry’u Rwanda ryo kwimura abantu mu nyungu rusange ndetse n’irya banki (OP 4.12) bizakoreshwa. 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 ibe myiza.Imbonerahamwe ikurikira iragaragaza uburenganzira ku nyishyu ikwiye: Icyiciro cya Icyiciro Uburenganzira ku nyishyu PAPs cy’ibyangijwe Inyishyu ku Inyishyu ku butaka Inyishyu ku Ubwishyu Ubundi nyubako zangijwe bwangijwe nyungu bw’urugend bufasha zatakajwe o

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

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

Guhabwa akazi

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

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

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

Ibihingwa Abafite Gutanga byangijwe ibikorwa inyishyu (ubariyemo bizangizwa y’ihungabana ibiti by’imbuto n’umushinga ziribwa) (PAPs) bazategerez wa 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

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byangiritse.

Ibihingwa Abafite Gutanga byangijwe ibikorwa inyishyu (ubariyemo bizangizwa y’ihungabana ibiti by’imbuto n’umushinga ziribwa) (PAPs) bazategerez wa basarure imyaka yabo. Naho imyaka Umukode idashobora kuzaba yasaruwe mu gihe

cy’imirimo, izishyurwa mu mafaranga nk’uko amategeko y’u Rwanda abiteganya.

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

ubuvugizi ngo abakene bagerweho n’ubufasha Leta ibagenera

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

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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:

 Abafite amazu azimurwa bifuje kubona ingurane ikwiye mu mafaranga ku mazu azangizwa n’iyagurwa ry’umuhanda,;    Abasanzwe bakora ubucuruzi bifuje gutuzwa hafi y’isoko, cyangwa mu  midugudu ku Kagali cyangwa ku Murenge;  Abazatakaza imyaka n’ibiti, bifuje guhabwa indishyi ikwiye mu mafaranga   Abafite ibikorwa bizangirika bifuje kandi gufashwa mu kubona akazi mu mirimo iteganyijwe.  Abatishoboye bifuje gufasha kugira ngo nabo imibereho yabo yiyongere.

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

PROJECT BASIC DATA ...... 2 EXECUTIVE SUMMARY ...... 3 INCAMAKE3 ...... 9 TABLE OF CONTENT ...... 14 LIST OF TABLES ...... 16 LIST OF FIGURES ...... 16 LIST OF ANNEXURE ...... 16 1. INTRODUCTION ...... 18 1.1 BACKGROUND ...... 18 1.2 RESETTLEMENT ACTION PLAN OBJECTIVES ...... 19 1.3 APPROACH AND METHODOLOGY ...... 19 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 ...... 32 2.3.1 Cut-off Date ...... 32 2.4 INSTITUTIONAL ARRANGEMENT ...... 38 3. PROJECT DESCRIPTION ...... 40 3.1. PROJECT LOCATION ...... 40 3.2. OBJECTIVES OF THE PROJECT ...... 40 3.3. BRIEF DESCRIPTION OF PROJECT FEEDER ROADS ...... 40 4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE ...... 44 4.1 SOCIO-ECONOMIC STATUS OF ...... 44 4.1.1. Demographics ...... 44 4.1.2. Socio-economic Conditions of the District ...... 44 4.1.3. Distance to facilities/services ...... 44 4.1.4. Economic Activity and Income Sources ...... 45 4.2 POPULATION ON ROW ...... 45 4.3. SOCIO-ECONOMIC CONDITIONS OF PAPs ...... 45 4.3.1. Household Size ...... 45 4.3.2 Marital Status of PAP ...... 46 4.3.3 Employment status of PAP ...... 46 4.3.4 Vulnerability of PAP ...... 47 4.3.5 Economic Activities and Source of income ...... 47 4.3.6 Housing conditions of the PAPS ...... 48 4.3.7 House Conveniences and their Conditions ...... 48 4.4 RESETTLEMENT IMPLICATIONS ...... 50

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4.4.1 Loss of Houses ...... 50 4.4.2 Loss of Land ...... 50 4.4.3 Loss of crops and trees ...... 51 4.4.4. Loss of Facilities and other structures ...... 51 4.4.4. Summary of Losses ...... 52 4.4.5 IMPACTS ANALYSIS ...... 52 5 PUBLIC CONSULTATIONS AND PARTICIPATION ...... 54 5.1 Stakeholders ...... 54 5.2 Public Participation – Methods and Process ...... 55 5.3 Findings of Public Consultation Meeting ...... 55 5.4 Verification and disclosure of entitlements ...... 58 5.5 Other meetings and consultations ...... 58 6 RESETTLEMENT ACTION PLAN IMPLEMENTATION FRAMEWORK ...... 59 6.1 INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS ...... 59 6.2 CRITERIA FOR EXPROPRIATION AND COMPENSATION ...... 62 6.3 VALUATION AND COMPENSATION ...... 63 6.3.1. Compensation for Crops and Trees ...... 63 6.3.2. Compensation for Houses and Other Structures ...... 63 6.3.3 Compensation for Land ...... 64 6.3.4. Assistance to vulnerable people ...... 65 6.3.5. Project related job opportunities ...... 66 6.3.6. Resettlement measures for each category of eligible PAPs ...... 67 6.3.7. Payment modalities and responsibilities of all stakeholders ...... 68 6.4 COMPLAINTS PROCEDURE ...... 68 6.4.1 Grievance Redress Mechanisms ...... 69 6.5 MONITORING AND EVALUATION ...... 71 6.6. COMMUNITY INVOLVEMENT ...... 73 6.7 DISCLOSURE OF SOCIALSAFEGUARDS INSTRUMENTS ...... 74 6.8 BUDGET FOR RAP IMPLEMENTATION ...... 74 7. CONCLUSION AND RECOMMENDATIONS ...... 80 7.1. CONCLUSIONS...... 80 7.2. Recommendations ...... 81 ANNEXES ...... 82

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LIST OF TABLES

Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations ...... 28 Table 2: Entitlement Matrix ...... 34 Table 3: Details of Project Feeder Roads ...... 42 Table 4: Size of the Households ...... 46 Table 5: Marital Status of Respondents in Household Surveyed ...... 46 Table 6:Employment Status of PAPs...... 47 Table 7:Vulnerability in the PAP Surveyed ...... 47 Table 8: Housing Conditions ...... 49 Table 9: Conveniences in the Surveyed Household and their Conditions ...... 49 Table 10: Details of House on Road Side ...... 50 Table 11: Loss of land on Priority Road side ...... 50 Table 12: Type of land likely to be Lost ...... 51 Table 13: Loss of Facilities ...... 51 Table 14: Loss of Property on Road Side ...... 52 Table 15:Impact Analysis ...... 53 Table 16: Authorities Consulted in Karongi District ...... 55 Table 17: Summary of Public Consultation in Feeder roads of the District ...... 56 Table 18: Implementing Institutions and their Responsibilities ...... 59 Table 19: District resettlement and grievance committee ...... 62 Table 20: Actions recommended for livelihood restoration of the vulnerable PAPs…………………..……..65 Table 21: Resettlement measures accepted for each PAPs category ...... 67 Table 22: Resettlement and Compensation Monitoring Programme ...... 72 Table 23:Price for land in Different Sectors of Karongi District...... 75 Table 24: Compensation Rates for Crops ...... 75 Table 25: Compensation Rates for Building/House ...... 76 Table 26: Tree Compensation Rates ...... 76 Table 27: Resettlement Action Plan Estimates/ Budget ...... 77 Table 28: Implementation schedule of the RAP ...... 79

LIST OF FIGURES Figure 1: Location of Karongi District in Rwanda ...... 19 Figure 2: Feeder Roads in Karongi District ...... 43

LIST OF ANNEXURE Annexure 1: Study Team ...... 82 Annexure 2: Team for updating the resettlement action plan ...... 82 Annexure 3: DEFINITION USED RAP ...... 82 Annexure 4: Questionnaire for Social Survey ...... 84 Annexure 5: List of PAPs attending consultation meetings……………………..………………………………………117

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ABBREVIATIONS

DLB : District land Bureau EDPRS : Economic Development and Poverty Reduction Strategy EIA : Environmental Impact Assessment 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 The District of Karongi is one of the Seven (7) Districts that make the Western province. It is bordered by Rutsiro and Ngororero Districts to the North, Ruhango and Muhanga districts to the East, Nyamasheke and Nyamagabe Districts to the South and the Democratic Republic of Congo (DRC) to the West (Figure 1). Karongi District stretches over an area of 993 km2with a population of331,571, composed of 175,684 females and 155,887 males which represent a Sex Ratio of89, and distributed into 77,000 households. It is among the districts of Rwanda which has a high density of 334 persons per square kilometer and faces to the demographic growth with average annual growth rate of 1.7%. The majority of the population of Karongi district is young, with 80% of the population aged less than 40 years old. About 54% of the population is aged 19 years or younger. People aged 65 years and above make up 5% of the population. The scattered settlements are often located on the small holdings of individual households (average holding 0.5 ha/household). Karongi District is about 130 km from Kigali and can be approached via National Road (NR)-1 and NR-72.

More than 96% of Karongi population work in agriculture but this sector need appropriate infrastructure in order to facilitate both access to the market and transport of inputs. Roads are one of the most economically important infrastructures in Rwanda, given the fact that more than 95% of the country’s international trade is handled by land. Unfortunately, in Karongi, district and unclassified roads that principally constitute the feeder roads network are in dismal state and are major constraint for the mobility of the rural population. Moreover, the feeder roads traverse hilly terrain with high rainfall and soft soils, and the earth roads, which are not engineered roads, are often washed out during the rainy season. The Ministry of Agriculture and Animal Resources is intending to develop/ rehabilitate feeder roads in the District to 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 existing RAP for Karongi feeder roads was prepared in November 2013 and covered 15 roads with a total length of 191.9 Km. Due to reduction in number of roads to be developed (from 15 to 6 roads), thereby causing changes in total road length and affected properties, the existing RAP report was updated to reflect changes in terms of numbers of affected PAPs, property and assets and the cost of mitigation and compensation measures.

F 2 Geography of Rwanda, Wikipedia, the free Encyclopaedia

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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) and provide a resettlement and compensation framework that will enable the Rwanda Feeder Road development project to minimize negative impacts and the improvement of livelihoods of project affected person.

The specific objectives are:  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 Karongi District in Rwanda

Source: Land and mapping department, RNRA, 2015

1.3 APPROACH AND METHODOLOGY The Project Safeguards Team reviewed the Karongi RAP report prepared and disclosed in

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November 2013 as well as the Karongi Design Report in July 2015 and carried out census for PAPs assets identification and valuation in October - November 2015.

Based on review and census, the missing data was identified and analyzed. In the Karongi RAP report of November 2013, the actual numbers of people likely to be effected due to the development of the project were not identified. The experts associated with the study are reported in Annexure 1 and 2. Legal legislation and regulations have been reviewed and stakeholder participation. It was proposed to integrate the existing and proposed social safeguard measures in the overall planning. 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 safeguard policies. The Consultants, apart from following standard social impact assessment practices and procedures, have used advanced technologies, techniques and tools to the extent these are applicable and relevant to this project. A questionnaire was developed to collect and compile the data. Based on the questionnaire the socio-economic profile of the affected people have been updated, analyzed, verified and quantified, wherever possible. The cost of implementing the resettlement management plan and monitoring programs was estimated 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 defined in Annexure 3.

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 in conclusions and recommendations section for discloser locally and the World Bank Info Shop.

This report on Resettlement Action Plan (RAP) has 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. Chapter 3 is on the Project Description which briefly describes the project. Chapter 4 describes the project affected persons and social conditions in sufficient detail to enable an adequate assessment of the potential social impacts. Chapter 5 describes public consultation process and Chapter 6 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 Section 7.

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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 districts of Rwanda 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 1988-1989 to 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 Strategy3 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.

F 3 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 (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 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 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. The District Land Bureau, Sector Land Committees and Cell Land Committees is responsible to initiate the expropriation and District Council implements the expropriation after considering the decision of the Land Commission (Expropriation law, 2015).

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;  Land Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazetted 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 17/2010of 12/05/2010; establishing and organizing the Real Property Valuation in Rwanda;  Law No 32/2015 of 11/06/2015 relating to expropriation in the public interest;

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 Presidential Order No 54/01 of 12/10/2006 determining the structures, the responsibility, the functioning and the composition of Land Commission; and  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).  Ministerial Order No002/16.01 of 2010 on Determining the Reference Land Price Outside Kigali City.  Ministerial Order No. 002/2008 of 2008 Determining Modalities of Land Registration 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.

24 | P a g e iii) Law No. 32/2015 of 11/06/2015 relating to Expropriation in the Public interest, O.G. Special No. of 31/8/2015: 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 project, at any level, which intends to carry out acts of expropriation in 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 26/09/2006determining the Structure of Lands Registers, the Responsibilities and Functioning of the District Land Bureau: 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.

25 | P a g e 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. 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 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.

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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 which law will prevail during conflict. It is worth to note that In the case of conflict between World Bank Policies and National regulations, OP 4.12 will prevail.

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

Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP Measures to fill the gaps 4.12) Valuation Valuation is covered by the OP 4.12 prefers Replacement cost method of Adopt replacement cost method of valuation Expropriation Law and the Land valuation of assets that helps determine the Valuation Law and stipulates amount sufficient to replace lost assets and cover that the affected person receive transaction costs. In applying this method of fair and just compensation. valuation, depreciation of structures and assets However a ministerial order should not be taken into account. If the residual gives the value of land and crops of 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 OP 4.12 gives preference to land based Adopt OP 4.12 mode of compensation by giving Law N° 32/2015 of 11/06/2015 resettlement strategies for displaced persons preference to land based resettlement as entitles the landholder to whose livelihoods are land-based as compared to opposed to monetary compensation compensation for the value of monetary compensation the land and activities on the basis of size, nature location considering the prevailing market value. Participation The Rwandan law on WB OP 4.12 requires that persons to be displaced Adopt OP 4.12 methods of participation and Expropriation simply stipulates should be actively be consulted and should have consultation that affected peoples be fully opportunity to participate in planning and design informed of expropriation of resettlement programs issues. The law also conflicts the very purpose of consultation

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

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Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP Measures to fill the gaps 4.12) 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. Eligibility Article 26 of the expropriation OP 4.12 criteria for eligibility include even those Adopt OP 4.12 approach; this will be more law requires the person who who do not have formal legal rights to land at the appropriate for determining eligibility due to the owns land intended for time the census begins but have a claim to such fact that many of those who farm the lands expropriation to provide land or assets--provided that such claims are don’t own it, although they may have depended evidence of ownership or rights recognized under the laws of the country or on farming on such lands for their livelihood, on that land and presents a become recognized through a process identified and as such, should be assisted to at least certificate to that effect. in the resettlement plan and also those who have maintain their pre-project level of welfare. no recognizable legal right or claim to the land (especially for assets) they are occupying. The latter are only compensated for assets other than land. Expropriation law is silent on OP 4.12 requires and prefers resettlement of Use World Bank OP 4.12. provision of alternative land and displaced persons through provision of land for During the upgrading of the feeder road, some resettlement of those to the land instead of cash compensation for land, when resettlement will be required. pre-displaced status livelihoods are land based. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of 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.

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Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP Measures to fill the gaps 4.12) Required Expropriation law does not OP 4.12 requires displaced persons to be Use World Bank OP 4.12. Measures provide for alternatives when consulted on, offered choices among, and undertaking compensation provided with technically and economically feasible resettlement alternatives. Grievance The new Expropriation Law of OP 4.12 requires PAPs be informed of the Adopt Rwanda Expropriation Law which redress 2015 creates the compensation exercise and establishes establishes the GRM formed by District mechanisms Resettlement and Grievance Grievance Redress Mechanisms (sector/cell) authority, PAP representatives redress committee and and Project provides complaints procedures for individuals dissatisfied with the proposed project or the value of their 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 (Article3). 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 OP4.12, 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 selected land areas. Normally, this cut-off date is the date when 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.

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Initial cut-off date was fixed October 5, 2013 but due to changes in design studies, this was revised and fixed on November 1st, 2015 which is the date that final census started. No PAP moved off his land because of the Project between October 2013 and November 2015.

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Table 2: Entitlement Matrix

Category of Type of ENTITLEMENTS PAP Loss Compensation Compensation for Loss of land Compensation for Loss Moving Other Assistance for Loss of of Income Allowance Structures Property Loss of ------The land acquired for road widening ------Disturbance allowances 5%, Owners land will be compensated in cash because registration/ transfer fees 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 Land will be rehabilitated after loss of land on annual land output and laterite extraction and given back to their respective owners due to site costs associated with land installation preparation and crop management and borrow pits Loss of Compensation For lost rental income, Coverage of full cost Disturbance

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structure at full Lump sum cash for total transport allowance replacement payment of 6 months’ expenses & right to salvage materials without deduction from value not rent per tenant compensation depreciated, taking into Provision of tree seedlings, account market agricultural inputs, job values for opportunities and facilitation for health insurance and other structures and government support, etc. to materials. 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 Cash compensation based Disturbance allowances forest Trees on type, age and productive value of Planting of trees in the affected trees buffer zone of the developed roads to replace for the removed ones and protect rehabilitated roads

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Loss of Cash compensation based Disturbance allowance crops on the type, age and (including market value of the tree crops) mature crop in the scarce season, whichever is greater. Property Loss of payment of Six months’ Coverage of full cost for Disturbance allowance lease rental rent total transport expenses holders/Tena accommoda nt tion Loss of Cash compensation based Disturbance allowances crops on the type, age and (including market value of the tree crops) mature crop in the scarce season, for the remaining period of the tenancy/lease Squatters/ Loss of Cash Relocation assistance Disturbance allowance, informal structure compensation (coverage of costs of dwellers* at full transport & assistance Right to salvage materials replacement to find alternative without deduction from compensation cost not secured depreciated, accommodation, Provision of tree seedlings, taking into preferably in the agricultural inputs, job account market community of opportunities and facilitation for values for residence through health insurance and other government support, etc. to structures and involvement of the vulnerable PAPs materials. project) Capacity building of severely

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affected PAPs and vulnerable groups to maintain and/or improve their income generation potential.

All PAPs Loss of Cash For lost rental income, Coverage of full cost Right to salvage materials (whether assets due compensation Lump sum cash for total transport without deduction from owner, to for any assets payment of 6 months’ expenses compensation, tenant or temporary affected (e.g. rent per tenant and Relocation assistance informal land houses, fences provision of plot in the (coverage of costs of public dweller) acquisition demolished, selling point to be water taps construction, trees constructed by the selling points, etc) removed), Project relocation and Assistance of vulnerable construction of poor people for livelihood new public reestablishment (ie Provision water taps, of tree seedlings, agricultural inputs, job opportunities and water tanks, facilitation for health insurance construction of and other government support,, selling points, etc). 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 Karongi in Rwanda - Project ID: P 126498

2.4 INSTITUTIONALARRANGEMENT 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 (MINIAGRI);  Rwanda Natural Resources Authority (RNRA);  Rwanda Development Board (RDB) and  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) through RFRDP is the executing agency for the project. The participating district will be the implementation entity of the project. 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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Rwanda Transport Development Agency (RDTA) is a public institution with financial autonomy in the Ministry of Infrastructure. It was established by organic law No 02/2010 of 20/01/2010 and is responsible for policy development, advisory and monitoring.

District The District determines and approves projects of expropriation in the public interest. The District 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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3. PROJECT DESCRIPTION 3.1. PROJECT LOCATION The feeder roads project is to be implemented in the Karongi District which is situated in the western province of the country. The distance between Kigali and Karongi is about 130 km on National Road (NR) 1 and NR-7. The feeder roads in Karongi are mostly in hilly terrain. The hills are covered with farms and small grazing lands, with limited vegetation. The roads are mainly on top of the hills and the side slopes may have to be stabilized while widening. The 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. 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 Karongi District in order to meet the following objectives:  To promote socio economic 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 198.2 km feeder roads in the district of Karongi. Based on technical, economical, financial, social and environmental factors, the feeder roads have been assigned the priority. Based on priority, during this study feeder roads of 75.25 km have been selected for the updated environmental and social studies. The above length is covered in 56 priority section of feeder roads on 10 roads that was initially proposed. A brief description of these roads is presented below; the initial number communicates the priority and road identification number: 1. Kayenzi-Gasenyi-Mukungu (Road No. 1): This feeder road starts in Bwishyura Sector, traverses Gitesi sector and the northern part of Mutuntu sector. The road is 24.4 km and the average width of the existing road is 3-6 m in some sections.

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It has 11 small bridges with wooden structure, one in reinforced concrete and the side drains are absent. The pavement is in very poor condition. There are frequent potholes, water-induced longitudinal and transversal erosion due to absence of side drains. 2. Birambo-Mwendo-Mbirurume-Kirinda (Road No. 10): This road traverses southern part of Murambi and Gishari Sectors and it has about 19.85 km long with 5 to 7 m wide. It has eight small bridges with wood deck in bad condition. Many culverts overarched by logs in bad condition due to poor maintenance. The pavement is in very bad condition, not usable by motorized traffic. Wide spread erosion of the carriageway, frequent outcrops and landslides in rainy season. 3. Rutovu-Muremera (Road No. 3): This section is located in Rugabano and Rubengera Sectors. The road is a track with no signs of maintenance or rehabilitation. Road is 2.2 km in length. The geometry and vertical profile is very poor; furthermore several parts of the track show a widespread vegetation encroachment with landslide. This section is a path with an average width of 2.5 m with steep slope; the horizontal alignment and profile longitudinal alignment are very poor. 4. Gakuta-Bizu (Road No. 4): The feeder road section length is 5.6 km and between 3 and 6 m of width. It traverses Rugabano sector in the north. The road is currently in a deplorable state. It has earth surface without any formation works. No maintenance, with the exception some routine works carried out by local communities. There are no existing drainage structures and during. The pavement is in very bad condition; potholes, water-induced longitudinal and transversal erosion. The rainy season, sections are rendered unmotorable thereby affecting transportation services for the haulage of food items and other goods. 5. Gasenyi-Gahunduguru-Mwendo (Road No. 14): The proposed Gasenyi- Gahunduguru-Mwendo feeder Road Rehabilitation Project involves rehabilitation of an estimated 21.5 kilometers. This road traverses three sectors, Gishari, Ruganda and Gitesi. The road is a track with no signs of maintenance or rehabilitation. The geometry and vertical profile is very poor; furthermore several parts of the track show a widespread vegetation encroachment. This section is a path with 3 to 5m wide, the horizontal alignment and profile longitudinal alignment are very poor. It has two bridges with wooden structure and deck. It hasn’t side drains or other hydraulic structures. The pavement is in very bad condition with widespread erosion and frequent outcrops. 6. Ndaba–Muremera (Road No. 7): The 1.7 km Ndaba–Muremera stretch lies in the Rubengera Sector. It serves the local communities. The road has deteriorated due to loss of camber and drains. The situation gets worse during the rainy season when, due to inadequate drainage, numerous potholes develop.

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The road has become narrow (reducing from 6 m to 3m) and difficult to travel on because of the potholes. No rehabilitation or maintenance works with the exception of the first 100m. The project feeder roads are reported in Table 3 along with priority, length of road and width of proposed carriage way while location of project feeder roads is shown in Figure 2. Table 3: Details of Project Feeder Roads Priority Feeder Feeder Road Length Average width of Width No Road (Km) the Existing (m) ID carriage way (m) 1 1 Kayenzi-Gasenyi-Mukungu 24.4 3.0 6.0 2 10 Birambo- Mwendo-Mbirurume- 19.85 3.0 6.0 Kirinda 3 3 Rutovu-Muremera 2.2 2.0 6.0 4 4 Gakuta-Bizu 5.6 4.0 6.0 5 14 Gasenyi-Gahunduguru-Mwendo 21.5 3.0 6.0 6 7 Ndaba –Muremera 1.7 2.0 6.0 75.25

The priority feeder roads for rehabilitation/ re construction have the main activity as: 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 as: 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 2-3 m 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 Karongi in Rwanda - Project ID: P 126498

Figure 2: Feeder Roads in Karongi District4

F Source: Environmental And Social Impact Assessment For Selected Karongi Feeder Roads Techniplan International Consulting (July 2013)

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

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

4.1.1. Demographics The district has a population of 355,000 inhabitants (Census 2012). The population density accounting for 417 person /sq.km is equal to the national average (416 person/sq.km) and 1% only lower than the Southern Province average (421 person/sq.km).The population growth between 2002-2012 has been 1.74% per year (national average-2.6%). The population is unevenly distributed over the district area, the most populated area is the Sector of Rubengera with 698 person/sq.km, the least populated sector is Twamba in the south-western part of the district with a density of 252 person /sq.km. The average size of the household in Karongi district (4.6) is slightly below the national average household size. The land holding size per household is 0.6 ha. Karongi ranks among the nine districts with lower average sizes of household, the lowest country-wide being Rugabano.

4.1.2. Socio-economic Conditions of the District Concerning the households economic condition and referring to poverty and extreme poverty lines, set out at 118,000 and 83,000 Frw, Karongi district is ranked third bottom position country-wide by percentage of extreme-poor and poor1 population categories. About 38% of the population in Karongi district is identified as non-poor, 21.9% as poor (excluding extreme- poor) and 39.8% as extreme-poor. Compared with other districts of the Western Province, Karongi district comes sixth out of seven districts for proportion of non-poor and the thirty districts of the country. During field studies, the data has been collected and analyzed from 40 effected households due to the proposed rehabilitation project. The analysis of results is presented in subsequent sections.

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 an indicator of both provision and coverage of such ser- vices and the remoteness of households’ dwellings. The basic services were categorized into Food Market/ Shop, Primary School, Secondary School, and Health Centre. Karongi is classified among the 11 districts with a mean walking distance to a primary school within the interval of 21.6-28 minutes. The mean walking distance to a primary school in Karongi district is 24.6 minutes; 60% of households are between 30 and 59 minutes of a primary school. The mean walking distance to a health centre in Karongi district is 77.7 minutes; only 34% of households walk for under an hour on average to reach a health centre. The mean walking distance to a health centre is 35 minutes in urban areas and 64.4 minutes in rural areas, while it is one hour country-wide. When compared to Western Province districts, Karongi district health centre are further from household dwellings by about 10 minutes on average than other districts.

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4.1.4. Economic Activity and Income Sources The formal International Labor Organization (ILO) definition of unemployment is those people who work under one hour per week but are actively seeking work and able to start immediately. 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 Karongi district, the overall employment rate is 83% of the resident population aged 16 years and above; the unemployment rate is 0.4% and the economic inactivity rate is 16.4%. The Karongi district employment rate is slightly below the national average. Among Western Province districts, Karongi is ranked third last after Rusizi (77.9%) and Rubavu (79.6%). Karongi has the third city in Western Province after Rubavu and Rusizi and this may justify its relatively lower employment rate. The national average employment rate is 84%; the unemployment rate is 0.9% and the economic inactivity rate is 15%.

Employment types by the usual main job in Karongi district shows that most people aged 16 years and above have independent farmers as their main job (74%). The second main job is wage-farm with 12%, followed by wage non-farm with 9%. Only 1% have unpaid non-farm, other and non-identified as their usual main job.

4.2 POPULATION ON ROW The feeder roads in Karongi Districts pass through scattered settlement, villages and towns. The boundaries of feeder roads expansion have not been transferred on the land. In general about 3 m average width will be required for widening of road to have right of way of 9-10 m. The widening will have impact on houses, agriculture land and other infrastructure facilities, namely fences, and cattle shade. About 38houses and in all 1021 households will be affected due to widening of feeder roads in the district.

4.3. SOCIO-ECONOMIC CONDITIONS OF PAPS

4.3.1. Household Size Table 4summarizes the household size of the households’ respondents. The analysis indicated that the majority of PAHs (47.5%) is medium, ie they are within the range of 4-7 in the household.

About 30% of the PAP household’s size is small, means that the size of the household is 2–4 persons per household while 22.5 % has large size, means above 7 persons per household.

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Table 4: Size of the Households

S.No Household size Total households Percentage (%)

1 Small (2-4) 306 30

2 Medium (5-7) 485 47,5

3 Large (Above 7) 230 22,5

Total 1021 100 Source: Field survey, September, 2013 and updated in November 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. Table 5 shows the marital status of the PAP. About 77.5% of PAPs are married; 10% single, 5% divorced, 2.5% widow and balance are not applicable. Table 5: Marital Status of Respondents in Household Surveyed S.No Marital status Number of households Percentage (%) 1 Married 791 77.5 2 Single 153 14.9 3 Widow 75 7.4 4 Divorced 2 0.2 Total 1021 100 Source: Field survey, September, 2013and updated in November 2015

4.3.3 Employment status of PAP About 93 % are employed in agriculture and some of the PAPs own small business which they combine with agricultural activities (5%). This can be explained by the fact that in that the agricultural activities (tea and coffee) are dominant and small business in commercial. Few opportunities of employment in public sector (teaching in primary schools) are also available (1.5%). The students or pupils represent 0.5%. Table 6 describes the employment status of members in the household surveyed.

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Table 6: Employment Status of PAPs

S.No Employment Number of Percentage (%) households 1 Farmers 950 93

2 Public servant 15 1.5

3 Small business and self- 51 5.0 employed

4 Students 5 0.5

Total 1021 100

Source: Field survey, September 2013&updated in November 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 detail on vulnerability. Were considered as vulnerable the aged persons, orphans and PAPs living with disability. The majority of the project affected population (96.2%) is in normal conditions while2.1% are aged people (over 65 years). Orphans represent 1.3%. Table 7: Vulnerability in the PAP Surveyed

S. No. Social group Number of Percentage (%) household 1 Household with PAPS Living 4 0.4 with disability 2 Household with Aged persons 21 2.1 3 Orphans 13 1.3

4 Household with no disability 983 96.2 Total 1021 100 Source: Field survey, September 2013and updated in November2015

4.3.5 Economic Activities and Source of income In order to be aware of household source of income, the consultant asked a question on the main economic activities in the surveyed households. Agriculture and business contribute to 92.5% of economic activities.

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In addition to crops, livestock and fisheries are other important source of income. About 70% of all households in Karongi District raise some type of livestock. This percentage is below the national level (68.2%) and urban level (41.8%) slightly higher than the rural areas (72.8%). Livestock comprising mainly cattle, goat, sheep, pig, hen and rabbit are dominant in Karongi District.

4.3.6 Housing conditions of the PAPS Housing condition is an important variable in studying socio economic aspects of a household because it gives the idea on the living conditions of household members. The Table 9 shows the situation of the PAPs in the visited roads in Karongi District. About 87.5% of PAPs live in their own houses and all categorized in rural house and balance 12.5% live in a rented house.

4.3.7 House Conveniences and their Conditions

Table 8summarizes 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 30% have access to electricity, while solar energy does not exist. A significant proportion of the household surveyed have mobile phones, from different telecommunication companies operating in Rwanda. Almost all households have radio, and some of them have also bicycle.

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

Table 8: Housing Conditions

House Type Frequency % House made in Frequency % Ownership Frequency % Cottage/rural house 76 7.5 Wood 26 2.5 Owned 893 87.5 Other 945 92.5 Soil Blocks 995 97.5 Rented 28 12.5 (RUKARAKARA +Cement) Total 1021 100 1021 100 1021 100 Source: Field survey, September 2013 and updated November 2015

Table 9: Conveniences in the Surveyed Household and their Conditions Grid Frequency % Solar Energy Freque % Mobile Frequency % Private Toilet Frequency % Electricity ncy Phone

Functions 306 30 Functions 0 0 Functions 893 87.5 Functions 1021 100

Function with 562 55 Function with 0 0 Function 76 7.5 Function with 0 0 interruptions interruptions with interruptions interruptions

Doesn’t 0 0 Doesn’t 0 0 Doesn’t Doesn’t function 0 0 function function function

Doesn't exist 153 15 Doesn't exist 1021 100 Doesn't exist 51 5 Doesn't exist 0 0

Total 1021 100 1021 100 1021 100 1021 100

Source: Field Survey, September 2013 and updated November 2015

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

4.4 RESETTLEMENT IMPLICATIONS The feeder roads in Karongi District pass through scattered settlements, villages, towns and forests. In many cases, the starting point is a town or trading center. The boundaries of feeder roads expansion have not been transferred on the land. In general, about 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 10. In total, 38 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 to the proposed rehabilitation project. The number of houses to be relocated per road is presented in the Table below.

Table 10: Details of House on Road Side Feeder Feeder Roads Houses Road ID 10 BIRAMBO-MWENDO-MBIRURUME-KILINDA 12 1 KAYENZI-GASENYI-MUKUNGU 8 7 NDABA-MUREMERA 3 4 GAKUTA-BIZU 6 3 RUTOVU-MUREMERA 5 14 GASENYI-GAHUNDUGURU-MWENDO 4 38

4.4.2 Loss of Land In addition to loss of houses, the road development will definitely bring substantial change in the land use pattern as the road modification/ construction will require additional land from private and/or government. It is estimated that on an average 3m widening will require 22.41 ha of land for feeder road improvement. The analysis of data has also indicated that about 80% land on road side is under agriculture. This land requirement for the road construction will change the land use permanently from Barren/agricultural/built up land into road. The table below illustrates the land likely to be acquired by road. The land use change is presented in Table 11 and Table 12.

Table 11: Loss of land on Priority Road side Priority No Description Average Length Area (ha) Additional (km) Width (M)

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

1 BIRAMBO-MWENDO-MBIRURUME- 3.0 19.85 5.96 KILINDA 2 3.0 24.4 7.32 KAYENZI-GASENYI-MUKUNGU 3 4.0 I.7 0.68 NDABA-MUREMERA 4 2.0 5.6 1.12 GAKUTA-BIZU 5 RUTOVU-MUREMERA 4.0 2.2 0.88 6 GASENYI-GAHUNDUGURU-MWENDO 3.0 21.5 6.45 Total 75.25 22.41

4.4.3 Loss of crops and trees The crops and trees that will be affected by feeder roads development are dominated by tea, banana, fruit trees like avocado, mango and fodder crops (elephant grass). The tree component includes Eucalyptus, Alnus, Grevillea, etc. All trees and crops are spread over 19.7 ha and will be financially compensated. The estimated area per land use type is presented in Table below.

Table 12: Type of land likely to be Lost S. No. Land uses Area (ha) 1. Agricultural area 17.99 2. Forest plantations 2.00 3. Other uses including residential 2.42 Total 22.41

4.4.4. Loss of Facilities and other structures Due to road expansion, there will be other minor losses including public water taps and live fences. The facilities which will need compensation and/or rehabilitation are summarized in Table 13.

Table 13: Loss of Facilities Facilities Public water Fences Priority No. Feeder Roads taps

Kayenzi-Gasenyi-Mukungu 1 1 -- Birambo- Mwendo-Mbirurume-Kirinda 5 2 - 1 3 Rutovu-Muremera 2 - 4 Gakuta-Bizu -

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

- 5 Gasenyi-Gahunduguru-Mwendo - 6 Ndaba –Muremera - -

Total 2 7

Source: Independent Valuer, November2015

4.4.4. Summary of Losses The land requirement for the road construction/rehabilitation will change the land use permanently from barren/agricultural/built up land into road. The table below summarizes the type of properties likely to be lost

Table 14: Loss of Property on Road Side S.No Description Unit Quantity 1 Total Loss of Land Ha 22.41 2 Loss of Crops and trees Ha 17.99 3 Houses Number 38 4 Loss of fences m 7 5 Loss of other structures (water taps) Number 2 6 Forest and Agro-forestry trees Number 30,000

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 15. 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 Karongi in Rwanda - Project ID: P 126498

Table 15:Impact Analysis

S. No. Activity Potential Impact Nature Magnitude Extent / Timing/ Duratio Reversible Likelihood Significance Location Phase n / Irreversible i) Site Acquisition Change in land Negative Medium Small Area/ Pre- Long Irreversible Probability Regional for road use/ Loss of Land Direct Large Construction Term construction Distribution ii) Acquisition of Loss of Crops Negative Medium Small Area/ Pre- Long Irreversible Probability Regional Land Direct Large Construction Term Distribution iii) Acquisition of Loss of Agro- Negative Low Small Area/ Pre- Long Irreversible Probability Local Land Forestry Direct Large Construction Term Distribution iv) Acquisition of Loss of House/ Negative Low Small Area/ Pre- Long Irreversible Probability Local House 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

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

5 PUBLIC CONSULTATIONS AND PARTICIPATION The Project team consulted the RAP report prepared in December 2013 before the consultations with stakeholders in Karongi District. This was done in September 2015. Public participation and community consultation meetings for updating the existing RAP report started in October 2015 and have 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 and discuss issues related to resettlement and compensation. This participatory process will enable the participation in the decision making process. The 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 as well as resettlement and compensation process.

The project consultations were made to consult with the public as well as a number of local authorities to explain the project, inform them on their roles and responsibilities and determine their thoughts, opinions and feedback on the impact of the rehabilitation of feeder roads in the District. These stakeholders include the central and local authorities, as well as the population. The list of PAPs who attended the consultation meetings are presented in Annexure 5.

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 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, local cooperative leaders, local medical staff, and local police and army representatives. The public consultation for ESIA, RAP, and PCRMP was conducted at the same time. 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, local cooperative leaders and local police and army representatives.

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

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.

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.

5.3 Findings of Public Consultation Meeting a) Consultation with district authorities District authorities were met on October 6th, 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 16.

Table 16: Authorities Consulted in Karongi District

S.No. Name Position Contact

1 MUHIRE Emmanuel Executive Secretary of the 0788493959 District

2 MUKASE Valentine Director of Planning, Monitoring 0788428702 and evaluation

3 Representatives of Executive Secretary of Ruganda, Sectors Gitesi, Gashari, Murambi, Rubengera, Rugabano, Mutuntu and Bwishyura Sectors

4 Representatives of Cells 25 Executive Secretaries of Cells and villages and village leaders

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

b) Consultation with PAPs The Feeder Roads Project, in collaboration with District administration, arranged consultative meetings with the local communities from October 7th to 20th, 2015 for all priority roads to inform them about the project, benefits and their roles and responsibilities and to gather information on their concerns, perceptions, reactions and fears of the livelihood changes to be brought about as a result/consequence of rehabilitation of feeder roads in Karongi District. The public consultations for land compensation were also arranged between 27th and 28th of December 2016.

A total of 753 people out of 1021 from all priority roads attended different consultation meetings. This represents 74% of the PAHs. The lists of participants who attended the consultation meetings in all priority Roads are available in Annexure 5.

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 6 and 5 respectively.

During public consultations, the following points have emerged:  The PAPs and other stakeholders met are in favor of the feeder road project  The Project Affected People (PAPs) have preferred monetary compensation for their properties likely to be affected (houses, trees, crops, etc).  The PAPs who are involved in business have given their choice near the market or cell / sector resettlement scheme;  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 November1st, 2015. The census was planned between 3rd and 15thof November 2015. The data obtained from public consultations and views as well as concerns from local communities are given in details in Table 17.

Table 17: Summary of Public Consultation in Feeder roads of the District

S. No Gender Question/comment Response and how addressed in ESIA 1 Male What will be the criteria This largely depends on the types of jobs for recruitment? Will there and will be assessed on a case by case be tests? basis. 2 Female How does this project help The project will benefit all people and

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

vulnerable people, vulnerable people will be given priority especially people with for recruitment as other PAPs. Special attention will be given to the needs of the disabilities and old people? poorest vulnerable PAPs and needed assistance will be provided 3 Female Priority for jobs should also Priority will include women, there will consider women; women not be discriminated against women if can do the same work. they are able to accomplish specific task. 4 Male Raised the issue of The consultant team explained that local employment, he suggested people will be involved in the that the local people employment, especially those with skills. should be the first ones to But those with no skills will be taken as be employed project. manpower in the project implementation. 5 Female Will people have a choice The laws of the country and the rules of on compensation the District will be followed as well as alternatives for their crops the World Bank policies. or houses destroyed? 6 Male What about the material to The project team explained that the be used in rehabilitation rehabilitation will use a compact (laterite, Stones, or laterite. The implementation of the macadam)? project will be done according to Feeder roads standards. 7 Female What benefits will there be Apart from jobs, there will be road for the population? rehabilitation which will improve mobility for the population as well as their goods. 8 Male Wishes to speed up the This is likely to occur. road rehabilitation (project) 9 Female When will the project work The project works will as soon as the start? compensation payment is completed

10 Female What about Road safety The issues such as safety against issues; Poor road accident will overcome through conditions in some villages; regulated speed, caution indicators; the Lack of sidewalk; development will improve road conditions. 11 Female The project is genuine and The consultant team suggested that very good for us, but how they will make a list of people affected, about the loose of land, and apply the rules and regulation in line

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

crops, houses, etc with compensation The RAP will investigate these losses. 12 Male When are you starting the The payment will be done before the payment for land start of civil works Source: Primary data generated through public consultation, September 2013and updated in November 2015 – December 2016.

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/RFRDP and Karongi 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 18th to 24th, 2015 and December 30 to 31st, 2016 where the district and project team presented the results of census and value of PAPs’ assets. Comments from the meetings were incorporated in the Census results.

5.5 Other meetings and consultations There were other meetings and consultations with Karongi District and 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 November25th, 2015 and brought together representatives of the District, Project, PAPs and local Banks/SACCOs. It was agreed on that banks, operating in the District, will facilitate PAPs without bank accounts to open them.

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6 RESETTLEMENT ACTION PLAN IMPLEMENTATION FRAMEWORK

6.1 INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS The RAP implementation includes the identification of affected households 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 built on:  The arrangements for the overall program management is of Ministry of Agriculture and Animal husbandry (MINAGRI);  MINAGRI will associate with Ministries and agencies at the National, District and Local levels for co-ordination; and 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 18. Table 18: Implementing Institutions and their Responsibilities

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 the 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 Development  Providing technical assistance in the 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  Paying PAPs compensation  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 Unit of Land and Mines of the MINIRENA in collaboration with Land use management and Mapping Unit of the RNRA 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 land valuator (expropriation officer), Infrastructure officer (road construction engineer), agronomist and social protection officer are needed staff available at the District and Sector level who will assist in RAP implementation.

At the local level, the Karongi 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/RFRP and PAPs. This Committee will implement consultation and grievance mechanisms via the District Mayor.

The District has at least one infrastructure officer (building officer), expropriation officer, agronomist and social officer among other staff. These are responsible for engineering and social safeguard aspects of the development project. The infrastructure officer, agronomist, land officer and social officer are also available at the Sector level.

However, due to budget and capacity limitation, their engagement is restricted to minor community level development actions. In addition to the support staff, training for safeguards will be provided by the project safeguards team.

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Karongi district and MINAGRI will work closely to establish sub-committees for grievance redress for each roads and these committee will include PAPs representative, sector and cells representatives and any relevant stakeholders involved in land management.

Table 19: District resettlement and grievance committee S.No. Name Position Contact 1 MUKASE Valentine Director of Planning, Monitoring 07 88 42 87 02 and evaluation 2 NYIRAHAVUGIMANA Donatille PAPs representative 07 88 82 62 28 3 HABYARIMANA Eric District environmental officer 07 88 35 24 13 4 HABIYAKARE David Feeder Roads District Engineer 07 83132971 5 UMULINGA K. Chantal SPIU-Safeguards Officer 07 88 562 798

6.2 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 (Refer Table 2).

WB OP 4.12 indicates 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.

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.

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6.3 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.

6.3.1. Compensation for Crops and Trees PAPs will be encouraged to harvest their produce before loss of land. 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 lost, as per the Rwandan expropriation law; - Provision of good quality seed or seedlings appropriate for the resettled areas, fruit tree materials inclusive;

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.

6.3.2. Compensation for Houses and Other Structures

There are two options for compensating structures in 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).

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During public consultation meeting, many PAPs requested for cash compensation for their houses. In the project area, 38 houses, will be affected by road widening activities and will be relocated. Two (2) public water taps and seven (7) fences will also be affected. The affected houses include 30 and 8 used for settlement and commercial purpose respectively. The PAPs will be allowed 120 days as per the Rwanda expropriation law (Article 36) 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.

6.3.3 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

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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 Karongi District is estimated to 22.41 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.

6.3.4. 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 20: 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

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

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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

6.3.5. 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.

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6.3.6. Resettlement measures for each category of eligible PAPs

The table below describes resettlement measures accepted for each PAPs category: Table 201: Resettlement measures accepted for each PAPs category

Item Unit Quantity Compensation measures Cost (Frw) Crops & trees ha 19.99 Financial Compensation and 67,253,678 compensation in kind

Land ha 22.41 Financial compensation 33,379,290

Houses Number 38 Financial compensation and provision of 38,162,347 plots for building new houses Fences Number 7 Financial compensation 8,118,280 public water Number 2 Financial compensation 3,500,000 taps Total 150,413,595

Disruption (5%) 7,520,680

Grand Total 157,934,275

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6.3.7. 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. 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) Bank  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.

6.4 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.

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This application should be done within 7 days after the approval of the valuation report by the expropriator.

6.4.1 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

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coordination with the District Administration. 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.

6.5 MONITORING AND EVALUATION The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring program of the entire the proposed Resettlement Action Plan for (RAP) for Karongi Feeder road 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.

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.

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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. In addition, an independent audit will take place at the completion of the RAP implementation.

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 LWH-RSSP) 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.

Table 22: Resettlement and Compensation Monitoring Programme

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

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whenever required Before the start of construction House and fence Compensation Amount of Money Payment List/ works and Compensation Received Received House Title whenever required

Compensation Counting of Before the start of Received Number of public operational public construction works Compensation for water taps built water taps newly and whenever 2 public water taps built required 3 Payment List Before the start of Amount of Money construction works Compensation for Compensation Received/ Receipt and whenever land Received required 4 Complaints Number of resolved Meetings of Grievances Received issues and related Grievance Mechanism minutes committee with dissatisfied PAPs Monthly Basis

6.6. 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:  Develop constructive public opinion that will lead to the execution of a fair and participatory project;  Promote an environment for the participation and decision making of the communities in solving their own problems;  Encourage a participatory process of all entities involved in the project’s development ;  Develop a community participation and consultation plan for its future implementation of a final Resettlement Plan.  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

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about the project and grievance process for their own rights and for lodging complaints. During the fieldwork, a number of community meetings, discussions, consultations, interviews were conducted within the footprint of the project with households and commercial entities that are likely to be affected by the project, with the local administration, community leaders, district staff, social workers, police officers. Individual Interviews/consultations with individual PAPs were conducted, including farmers and commercial entities.

6.7 DISCLOSURE OF SOCIAL SAFEGUARDS INSTRUMENTS The Ministry of Agriculture and Animal Resources (MINAGRI) will disclose the updated Resettlement Action plan by making copies available at its head office and website as well as District where the project is situated. The Government of Rwanda will also authorize the World Bank to disclose this RAP electronically through its InfoShop.

6.8 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 inconstancy 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:

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Table 23: Price for land in Different Sectors of Karongi District5

S. No. Sector Cell Land Price/m2(RWF) 1 Bwishyura Kibuye and Kiniha 582 Nyarusazi 153 Other cells 337 2 Rubengera - 337 3 Gashari Birambo 184 Other Cells 138 4 Twumba - 138 5 Mubuga - 107 6 Murambi - 107 7 Gishyita Ngoma 138 Other Cells 92 8 Gitesi Kirambo 122 Other Cells 92 9 Murundi - 92 10 Mutuntu Gasharu 107 Gisayura 107 Other cells 92

11 Rugabano - 92 12 Ruganda Biguhu 107 Other cells 92 13 Rwankuba - 92 Source: Official Gazette No. 19 of 10/05/2010

Table 24: Compensation Rates for Crops6

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

F 5 Source: Official Gazette No. 19 of 10/05/2010

6Source: Field Survey August 2013

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6 Coffee Plantation Rwf/m2 400 7 Fence (in Europhobia) Rwf/m2 420

Table 25: Compensation Rates for Building/House7

S.No. House Building Unit Value (Rwf) 1 Mud House Rwf/m2 20,000 2 Residential Brick Rwf/m2 50,368 3 Commercial Brick Rwf/m2 50,368

Table 26: Tree Compensation Rates

S.NO Type of Tree Unit Valuation Rwf

1. Avocado (Young) Rwf/Tree 4,005

Avocado (mature) Rwf/Tree 24,060

2. Cedrela (Young) Rwf/Tree 5720

3. Eucalyptus (Mature) Rwf/Tree 4000

4. Grevillea (Mature) Rwf/Tree 858 5 Mango (mature) Rwf/Tree 9,000 6 Goyava (young) Rwf/Tree 3,450 Acacia (young) Rwf/Tree 572 7 (mature) Rwf/Tree 4290 8 Euphorbia (mature) Rwf/Tree 920 9 Macadamia (young) Rwf/Tree 8,265 10. Cypres (Cupressus) (Young) Rwf/Tree 572 11. Ficus (young) Rwf/Tree 270 12 Dracaena (Umuhati) (mature) Rwf/Tree 575 Timber species (Markamia lutea, Pinus, Rwf/Tree 13 Grevillea, etc)(Young: 3-5 years) 572 Timber species (Mature: 5-10 years) Rwf/Tree 1286 14 Timber species (Mature: >10 years) Rwf/Tree 5720 15 Vernonia amygdalina Rwf/Tree 2,800 16 Tithonia Rwf/Tree 2,800 17. Vetiver Rwf/are 5,000 F 7Market 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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18. Elephant grass Rwf/are 10,000 19. Ornamental grasses (pasparum, etc) Rwf/m2 620 20 Flowers Rwf/piece 1,000 21 Coffee Rwf/Tree 3,000 22 Sisal Rwf/piece 250 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 27while for RAP implementation monitoring is presented in Table 28.

Table 27: 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, structures & land)

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 19.99 Once LS** 67,253,678 and other and trees resettlement Payment for land Ha 22.41 Once LS** 33,379,290 measures Payment for Houses Number 38 Once LS** 38,162,347 Payment for fences Number 2 Once LS** 8,118,280 Payment for water Number 7 Once LS** 3,500,000 taps Follow up of PAPs livelihoods Number 38 1 year LS 3,000,000 PAPs restoration program displaced PAPs Assistance to Number of 38 1 year LS 5,000,000 vulnerable people vulnerable

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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 184,913,595

Contingency 9,245,680 (5%)

Grand Total 194,159,275

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6.9. IMPLEMENTATION SCHEDULES

The implementation schedule of the RAP for Karongi feeder roads is presented in Table 28 below.

Table 28: Implementation schedule of the RAP Time (Months) No De Project Oc Dec Jan Feb Mar Apr Ma Jun Jul v c Dec Jan Feb activity t Nov 15 16 16 16 16 16 16 16 …. 16 16 …. 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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7. CONCLUSION AND RECOMMENDATIONS 7.1. CONCLUSION Based on Project Description, Socio-economic Baseline Data, Environmental Impacts, and Resettlement Action Plan (RAP), the following conclusions are drawn: i) 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 economic growth and reduction of the poverty. Educational, cultural and health centres will have an easy access thus making improved living standards and quality life of the people.

ii) The total cost to improve 75.25 km of feeder roads amount to US$ 6,816,881 million. The rehabilitation /upgrading and maintenance of roads as well as construction of drainage, bridges and carriageway are the main activities. The RAP cost is estimated to 194,159,275 Frw including 5% Contingencies and is broken down as follows:  Resettlement Action Plan : 157,934,275 Frw  Resettlement Action Plan Monitoring : 26,979,320 Frw  Contingency (5%) : 9,245,680 frw

The RAP cost is 3.4% of project costs.

iii) The widening of ROW will need 22.41 ha of additional land for the road rehabilitation. The land use of this land is Agriculture-19.99 ha; and settlements: 2.42ha. The loss of houses, fences and public water taps will be 38, 2 and 7 in number respectively. The project will have 1021 PAHs with 5105 PAPs. The resettlement and compensation of land, crops and trees, houses and other structures will be made as per the law of Rwanda;

iv) During public consultation, few recommendations 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 and vi) During construction, PAPs shall be given first priority in the employment of skilled and unskilled manpower.

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7.2. RECOMMENDATIONS 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 Sanjay Seth Secretary

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 Habiyakare David Feeder Roads Engineer

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 labor 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 Households 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 household 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. Household 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 household" consisting of a person, his or her spouse and minor children Non-agricultural labour means a person who is not an agricultural laborer 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/households 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. 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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Annexure 4: 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 Household Pattern : Joint - 1 Nuclear - 2 Individual - 3 2.6 Size of Household : Small (2-4) - 1 Medium (5-7) - 2 Large(Above 7) - 3 3. HOUSEHOLD PARTICULARS (Start from head of the household)

Relation- Any Any skilled S. Name of the Sex Age Marital ship to Education Disability household No member (years) Status HH 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 Household annual expenditure: RWF______3.6 Indebtedness When Rate of Amount Amt. Purpose of Source Borrowed interest per outstanding Borrowed Borrowing (Year) annum as on date

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3.7 Household Assets: ______4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES

4.1 Type of Shop/Business Enterprises (SBEs) 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 HH below poverty line -1 HH becoming BPL as a result of loss of livelihood/assets - 2 Female headed household -3

6. INFORMATION ON AFFECTED PROPERTY

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

Type of Use:1. Residential, 2.Commercial, 3.Residential cum Coomercial, 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______

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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 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 household/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: List of PAPs attending consultation meetings

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Annexure 6: Some photographs during consultation meetings

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