(Rap) of Muvumba Multipurpose Dam Development Project

REPUBLIC OF RWANDA

MINISTRY OF ENVIRONMENT

SUMMARY OF RESETTLEMENT ACTION PLAN (RAP) OF MUVUMBA MULTIPURPOSE DAM DEVELOPMENT PROJECT

1. DESCRIPTION OF THE PROJECT, PROJECT AREA AND AREA OF INFLUENCE

1.1. Description of the project

1.1.1. Introduction

Muvumba multipurpose dam project will construct a dam of 30.5m high and will impound 35 million cubic meter of water in Karama, Gatunda and Rukomo sectors and will supply water for domestic use to Karangazi, Rwempasha and Nyagatare sectors. The dam will impound water to be used for domestic water supply, water for irrigation of 7380 ha (net command area) and water for 16 reservoirs for livestock watering production of annual annual energy of 5719 Mwh with installation capacity of 740 KW (370x2). It will also contribute to the flood control.

1.1.2. Objectives

The Project aims to increase the productivity and commercialization of agriculture through the implementation of watershed management, water-harvesting in valley dams and hillside irrigation. It will help also to increase water supply as it was observed that in Nyagatare District the quality of domestic water is critical, hence this project will help to increase water uses. Finally this project will contribute to increase the energy by generating hydro power energy. The following are the summarized objectives of this project: i) Domestic and industrial supply: The residents of Rukomo, Gatunda, Karama, Tabagwe, Nyagatare, Kiyombe, Kabarore, Ngarama, Mimuli Sectors of Nyagatare

and Gatsibo Districts will get water for daily domestic uses which is currently serious problem ii) Irrigation: The estimated gross command area for this project is 10000ha with 8000ha net, which will be used to grow: Maize, Soya bean, rice, vegetables and fruit trees. iii) Flood control: The dam project will help to control flooding at downstream of Umuvumba river because the excess water will be stored in the reservoir. iv) Hydro-electric power v) Soil conservation: In order to control siltation in the reservoir, watershed will be developed hence watershed will be protected against soil erosion. vi) Pollution control by prevention of salts-water intrusion and by providing dilution water for waste water.

The project will be implemented with the following objectives:

- To develop water resources in response to increasing water demand in the North eastern areas of Rwanda; - To improve residential quality of life by stably supplying drinking water across Nyagatare and promoting the local economic development; - To contribute to the sustainable growth of the Rwandan society and economy by, Harnessing hydropower to produce clean energy;

1.1.3. Project Phases Components and Activities 1.1.3.1. Project phases

The project will be implemented in two phases. The phase one is related to the construction of the dam and hydropower including the feasibility study and detailed design of water supply components and the detailed design of irrigation component while the phase II, will focus on the implementation of irrigation scheme and construction of water supply facilities and networks.

1.1.3.2. Components of phase I

Component 1: Dam construction - Design review and supervision of dam construction - Construction of Muvumba Dam including hydropower plant and implementation of environmental and social management plan - Recruitment of dam panel of experts Component 2: Preparatory studies for follow up phase

- Detailed design and environmental and social impact assessment for irrigation schemes and livestock water use - Feasibility study and detailed design for water supply and sanitation system* Component 3: Catchment/ watershed management** - Catchment protection/ rehabilitation (afforestation, progressive terracing, management of gully flash floods etc.) - Capacity development of communities and district officials Component 4: Project management and coordination - Technical assistant(Project Coordinator/ Dam Specialist, Water Resources Engineer, Procurement Specialist, Financial Management Specialist) *** - SPIU staff (Social Development Specialist, Environment Specialist) - Operational cost (Transport, training, per diems, fuel, communication, community mobilization, interns etc.) - Compensation

1.2. Description of the project area The feasibility study & detailed design for nyagatare water resources development project in muvumba river basin is located in nyagatare district near Uganda Border. The project area lies between 1o 21’ 45’’S, 30o 10’30” E; 1o 21’ 15’’S, 30o 11’0” E in upstream (check dam area) and 1o 22’ 45’’S, 30o 11’45” E; 1o 21’ 0’’S, 30o 14’0” E in the downstream (main dam area) 1. A total of 3 sectors, 8 cells and 15 villages are affected by the project as shown in the table below.

Figure1: Location of Muvumba dam project area

Area District Sectors Cell Villages

Main dam area Nyagatare Gatunda, Kabuga, Bushara centre, Rukomo, Cyenkwanzi, Byimana, Karama Bushara, Huriro, Kabeza, Nyakagarama, Kaburimbo, Nyamirembe, Kiyovu, Mabare, Nyamikamba Meshero, Nyakibande, Nyamworoma, Rurembo, Uruyenzi Check dam area Nyagatare Karama Kabuga, Ndego Rwebishirira, Rukamba, Matereza

Climate: limate The District of Nyagatare experiences small quantity of rains and hot temperatures. It is characterized by two main seasons: one long dry season that varies between 3 and 5 months with an annual overage temperature varying between 25,3°C et 27,7°C. The monthly distribution of the rains varies from one year to another. Annual rain falls are both very weak (827 mm/an) and very unpredictable to satisfy the needs in agriculture and livestock. Topography: The District of Nyagatare is characterized, in general, by lowly inclined hills separated by dry allies for a long period of the year ( June- October). The District is located in the granite low valley whose the overage altitude is 1513,5m. This kind of topographical layout constitutes an important potentiality for modern and mechanized agriculture. Water Resources and Hydrology: The hydrographic network is very limited in the District of Nyagatare. A part from the River Muvumba that cut across the District, the Akagera and Umuyanja Rivers passing the District constituting its limits with Tanzania and Uganda , respectively, there is no other consistent river that can be exploited by the population in Nyagatare. Few of the rivers found there such as Nyiragahaya, Kayihenda, Karuruma, Nayagasharara and Kaborogota are erratic and intermittent. The weak river network constitutes a serious handicap to responding to the needs of water for people and animals. Flora and Fauna: he District of Nyagatare contains half of Akagera National Park where is found a vast number of Wild life including buffalo, Antelopes and more other ruminants. The District also accommodates a huge variety of birds such as birds of prey, guinea-fowl, partridges, heroes and so forth. The hares, Wild boars, monkeys and more other small beasts of the

rodent family are rarely found in the wooden savanna and in the natural vegetation. There, in the River Umuvumba, you will find Hippopotamus. Due to the fact that the park is not fenced, animals can come out to cause some damages in the neighbouring human inhabited areas.

The Flora in Nyagatare is made, in general, by afforested savanna vegetation and some forestry gallery. The latter constitutes a very precious reserve which should be rationally exploited. The Main Ecosystems and their Services: The assessment of the botanical analysis of the project area, the project site has a mixture of four (4) ecosystems. The ecosystems provide several ecological services such as environmental, ecological, social and economic benefits, locally, regionally and globally.

Socioeconomic profile of study area : Nyagatare District is Northern_ East of Rwanda, limited by Tanzania in East and Uganda in the North, at the south there is Gatsibo District and Gicumbi District in Western. Nyagatare is the largest District in Rwanda and second most populated district in Rwanda with 466944 inhabitants and a density of 243/km2 (2012 census NISR). Nyagatare is divided into 14 sectors made of 106 cells and 630 villages .The district has a total area of 1,741 km2 where by 1,738 km2 is Land and 3 km2 is water. The results shown that 92% of affected population is occupied in agriculture while 8% is occupied in other activities. Recent finding research shown that Nyagatare District is suffered by potable water resources, electricity and recreation facilities hence the project development like this would be useful.

2. POTENTIAL IMPACTS

2.1. Positive impacts

Positive impacts of the project will include: (i) enhanced skills development and capacities in the construction of multipurpose dams and other associated sectors; (ii) extensive job creation and employment opportunities; (iii) development of new economic activities during the construction phase as well as during the operational phase of the project due to increased commercial and social activities such as increased tourism. For example there will be increased demand for goods and service during both the construction phase and well as during the operational phase; (iv) improved social and economic well-being of the beneficiaries; (iv) enhanced national economic development through support to other sectors of the economy such as tourism; (v) capacity building including institutional strengthening;

2.2. Negative impacts

There are many environmental and social impacts that can be attributed to this project. These will include: (i) Land acquisition and population displacement causing negative consequences on the residents of the project location; (ii) disruption of economic and social activities and (iii) impacts on the cultural, archaeological and historical heritage. (iv) soil compaction and destabilization of the geological balance during excavations for construction materials; (v) dust pollution during construction works and transportation of construction materials; (vi) creation of burrow pits and earth ponds due to excavation for construction materials. The burrow pits may result into water ponds that may result in increased water-borne diseases as well as being death traps for animals and people, especially children; (vii) land and water pollution due to oil spillage, chemicals, etc.; (viii) the project is likely to lead to increased greenhouse gas emissions hence contributing to negative impacts of climate change. The gases may include CO2, NOx, SOx, particulate matters and hydrocarbons from fuel powered equipment and vehicles whose impact is air pollution; (ix) serious clearance of vegetation and inundations leading to extensive loss of biodiversity and habitats for both small and large animals; (x) anticipation of high generation of waste water and solid wastes; (xii) health and safety challenges; possibility of increased HIV/AIDS and other infections;

3. ORGANIZATIONAL RESPONSIBILITY

A number of organizations and institutions will be involved with RAP implementation processes at different levels and times. As soon as the RAP is cleared and finalized, Ministry of Environment in conjunction with Rwanda Water and Forestry Authority (RWFA) and Nyagatare District will formally disclose it to the affected people. For this purpose, RWFA will continue to organize the mobilization meetings with project affected people, one meeting in each of the Administrative Village Areas that will be affected by the dam project. The sessions will be chaired by the staff in charge of implementing RAP. Rwanda Water and Forestry Authority has prepared the list of the PAPs to be compensated and will work with Nyagatare District authorities in reaching out to the PAPs. The Ministry of Finance will ensure availability of compensation funds working in conjunction with RWFA to ensure compensation funds reach eligible PAPs. After the implementation of compensation and resettlement, the communities will be given at least four months for resettlement. The PAPs will be informed to stop their activities in the project area 4 months before authorizing the Contractor to start the works.

In order to enhance the reachability of the PAPs and for transparency of the compensation exercise, the project implementing agency will enlist the participation of some NGOs who will assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. The communities preferred cash compensation because they feel that will improve their social welfare. This is through the experience acquired where compensation have been implemented in Rwanda. RWFA and Nyagatare

District will: (i) support sensitization of stakeholders on RAP preparation as well as its monitoring; (ii) work with Local Government Authorities to sensitize communities on RAP while providing technical support in preparation of RAP, screening, appraising and monitoring the RAP implementation; (iii) engage Communities, Villages leaders during compensation and RAPs implementation; (iv) have the overall responsibility for the oversight of implementation of the RAP and providing enabling environment for the same; (v) engage independent valuers to make the valuation of properties to be affected.

4. COMMUNITY PARTICIPATION

The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation, mitigation measures, management plan and Resettlement Action Plan. Public consultation ensured that various groups’ views are adequately taken into consideration in the decision making process. The objectives of public participation were: (i) to ensure transparency in all activities related to Muvumba multipurpose dam project and its potential impacts; (ii) to share fully the information about the proposed dam project, its components and activities; (iii) to obtain information about the needs and priorities of the various stakeholders, as well as information about their reactions; (iv) to improve project design and, thereby, minimize conflicts and delays in implementation; (v) to involve public at large together with their responsible institutions and organizations in the project design and planning; (vi) information dissemination to the people about the project; and, (vii) understanding perceptions of local people towards the project.

The major stakeholders consulted include Rwanda Housing Authority (RHA), Ministry of Infrastructures (MININFRA), Ministry of Agriculture and Animal Resources (MINAGRI), Eastern Province, Nyagatare District, Rwanda Energy Group (REG) and Water and Sanitation Corporation (WASAC).

Major consultation issues with local communities and other stakeholders focused on informing them of the project and its activities and discuss possibilities for land acquisition and other physical assets at replacement or compensation costs. Engagements also included options for relocation. Along with information dissemination the consultations also aimed at getting people’s opinions and suggestions on the project and its benefits and impacts.

The minutes of the meetings were prepared and signed by the chairs of the meeting. For clarity and understanding of the meeting proceedings by the local community, the minutes were prepared in Kinyarwanda.

5. INTEGRATION WITH HOST COMMUNITIES

Consultation with relevant stakeholders is a continuous activity and this process started during the Base Services period. By the time the RAP document is being finalized a number of consultations have been conducted with PAPs including: (i) consultations with PAPs on the valuation of properties; (ii) discussion on the whole process of compensation and resettlement; (iii) conducting meetings with individual PAPs; (iv) valuation of assets; and, (v) compensation options. Major feedbacks derived from the consultations with local communities included: (i) timely information on project design and project boundaries including construction area, Inundation area, buffer zone and quarry sites; (ii) employment opportunity for local people; (iii) fair and timely compensation payments; and, special consideration to vulnerable groups. Methods adopted to arrive at agreeable and amicable solutions during consultations with PAPs involved: (i) use of certified valuer for valuation of affected properties; (ii) signing of compensation documents and transfer of land titles relating to resettled assets by both affected groups/persons and local authority officials representing the particular area of concern. The compensation form was signed by the valuer, the property owner, the executive secretary of the Cell, The sector Executive Secretary and the representative of The District ( In our case the Director of One Stop Center); (iii) open disclosure and meetings that were organized and conducted in the affected area; (iv) the RAP will be implemented in accordance with the laws (v) all payments will be made through bank transfer on the accounts of project affected people. The transfer is made by The MINISTRY of finance and Economic Planning after receiving the documents provided by Rwanda Water and Forestry Authority.

6. SOCIO-ECONOMIC ASSESSEMNT OF PROJECT AFFECTED PEOPLE

The main objective of the socio-economic surveys was first to prepare an inventory of all the affected assets and affected households. The second objective was to estimate the extent of resettlement impacts due to project implementation and prepare RAP for the compensation and assistance. The Socio-Economic Surveys interviews were done in 860 households. All affected assets and households were identified and heads of households or representatives were identified and interviewed.

6.1. Vulnerable Groups/Persons

The socio-economic survey identified that over 28.12% of household heads affected are women heading and these are considered vulnerable people among the project affected persons as indicated in the chart below. There was no identified child headed households in the project area.

6.2. Number of Old Persons in the Affected Households

On average around 1515 househead recorded the presence of elderly persons in their households and the majority approximately 8.7% recorded no presence of elderly persons.

6.3. Sources of Livelihoods for the Affected Household Heads

The high number of affected households is operating some kind of business activities as the main source of income recorded at 76.6% is involved in agriculture while 23.4% are involved in other activity and unemployed.

6.4. Existing situation of the physical infrastructure in study area

Energy Access to electricity is still low in the project area where by electricity lines (Rurembo, Bushara-1 and 2, kaburimbo, Nyarurema) in the premises but not widely extended through the submerged area apart of Kaburimbo centre. Firewood and charcoal are the dominant energy sources for cooking.

Connectivity and accessibility Gatunda, Rukomo and Karama are well connected each other by non-Asphalt roads with soil pavement and this led to good supply and exchange of locally produced products with neighbourhood areas.

Water and sanitation Water pipelines are extended through the submerged area at small scale and pipelines rarely fed then in the project area, the Muvumba River remains an important natural resource because the residents drawing water directly from the river for domestic use and for watering their livestock. Land use surrounding the project area contributes as pollution sources of the Muvumba River

Schools Including nursery schools, primary and secondary school (9 and 12 years basic education) in the premises include Nyarurema and Bushara-2

Health facilities In the proximity premises of the potentially submerged area are Nyarurema and Bushara-

Gender Issues: The study on gender focused on women decision making authority in the households. The data obtained shows that women do have substantial decision making powers regarding issues deemed important in the households. Some of the issues women participate in decision making include financial matters, children’s education, child healthcare, purchase of assets among other household programmes. Nature and Types of Assets that will be affected by the project: The type of assets that will be most affected by the project can be categorized into: (i) land, buildings and trees and farm plantations; (ii) land, trees and farm plantations; (iii) trees and plantations;

Building Structures: The affected building structures are generally residential units mainly made of adobe bricks walling and iron sheet-roofing. Land, Trees and Plantations: The project site is occupied by various trees and plantations. Details of the trees and plantation that will be affected are described in the main report. The main crops grown in the area include maize, paddy, beans, banana etc. the seasonal crops were not included in the compensation list since they are short term in nature and the PAPs can be allowed to harvest before commencement of the construction.

Community Property: A number of properties were identified as community properties. These included a church of ADEPR and house of Catholic praying community (umuryangoremezo).

7. LEGAL FRAMEWORK, INCLUDING MECHANISMS FOR CONFLICT RESOLUTION AND APPEAL

Law N° 32/2015 Of 11/06/2015 is related to expropriation in the public interest. In this law Only the Government shall order expropriation in the public interest. Expropriation as provided for under this Law shall be carried out only in the public interest and with prior and fair compensation. No person shall hinder the implementation of the program of expropriation in the public interest on pretext of self-centred interests. No person shall oppose any underground or surface activity carried out on his/her land with an aim of public interest. In case it causes any loss to him/her, he/she shall receive fair compensation for it.

Every project, at any level, which intends to carry out acts of expropriation in the public interest, shall budget for valuation of the property of the person to be expropriated and for fair compensation. Article 27: Properties valued during expropriation in the public interest The properties subject to valuation for the payment of fair compensation due to expropriation in the public interest are: 1° land; 2° activities carried out on land for its efficient management or rational use; 3° compensation for disruption caused by expropriation. Article 28: Criteria for determining fair compensation 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. The compensation for disruption caused by expropriation to be paid to the expropriated person shall be equivalent to five percent (5%) of the total value of his/her property expropriated. Article 33: Contesting the assessed value of land and property incorporated thereon Within seven (7) days after the approval of the valuation report by the expropriator, any person to be expropriated who is not satisfied with the assessed value of his/her land and property incorporated thereon shall indicate in writing grounds for his/her dissatisfaction with the valuation report. Any person contesting the assessed value shall, at his/her own expense, engage the services of a valuer or a valuation firm recognized by the Institute of Real Property Valuers in Rwanda to carry out a counter-assessment of the value. The counter- assessment report must be available within ten (10) days from the application for counter valuation by the person to be expropriated. Article 34: Analysis of counter-assessment report The counter-assessment report by a valuer or a valuation firm shall be submitted to the expropriator who shall take a decision thereon within five (5) working days after its reception. When the counter-assessment report is accepted by the expropriator, such a report shall replace the initial valuation report. Minutes shall also be taken thereof and jointly signed by the representative of the expropriator, the person to be expropriated and valuers of both parties. When the counter- assessment report is not accepted by the expropriator, minutes shall also be taken thereof and indicate the points of disagreement. Such minutes shall be jointly signed by the representative of the expropriator, the person to be expropriated and valuers of both parties. When the person to be expropriated is not satisfied with that decision, he/she can refer the matter to the competent court within fifteen (15) days from the day he/she appends his/her signature to the minutes indicating points of disagreement. The value determined by the expropriator shall be paid to the expropriated person in order to avoid suspension of expropriation in public interest pending the court’s decision.

8. INSTITUTIONAL FRAMEWORK

The Valuation will be done under the direct monitoring by the staff of Rwanda Water and Forestry Authority that will be working in conjunction with the District staff. The valuer will make the valuation of properties to be affected, complete the valuation form and put

the value of each affected item. The valuation form will be signed by property owner and approved by different level of local leaders from Cell, Sector and the District. After completion of the valuation of land and property incorporated thereon, valuers shall submit to the District RWFA, a report containing the list of persons to be expropriated, the size of land and the value of property incorporated thereon belonging to each person to be expropriated, and the fair compensation to be paid to any person whose property is expropriated in the public interest.

9. ELIGIBILITY

The eligible individual(s) are those who are directly affected socially and economically by the project due to: (i) compulsory acquisition of their land and other assets resulting in relocation or loss of shelter; loss of assets or loss of access to assets; and, and loss of income sources or means of livelihood whether or not the affected persons move to another location;

10. VALUATION OF, AND COMPENSATION FOR LOSSES

Rwanda Water and Forestry Authority is a public institution established by law no 06/2017 of 03/02/2017, working under Ministry of Environment. Following the completion of the detailed design of Muvumba multipurpose dam development project in February 2016, intended to construct an earthen dam of 30.5 m height, 1052 m long that will impound 34.92 million cubic meters of water to be used for 740KW power generation, irrigation of 7380ha, domestic water supply, livestock water and flood control, the study showed that the construction of dam, the impoundment of water reservoir, the check dam and the extraction of quarry materials will affect people’s properties on about 489ha. That is why the construction was preceded by valuation and payment of fair compensation and implementation of resettlement action plan to pave the way for smooth project implementation and ensure project ownership by the community. The expropriation processes started in the financial year 2017-2018 and pay the affected families as well as the Consultant Valuer.

Consequently, under the supervision of Rwanda water and Forestry Authority, the Expropriation Survey has been conducted by a registered local Agency, “East African

Property Consultants Ltd” in accordance to the Terms of Reference of the project. The report is formulated to depict inventories of land and properties incorporated thereon using land values and prices for properties incorporated on land consistent with prevailing market rates and calculating the fair compensation as per law. 10.1. Definition of the Value The Open Market Value means the best price at which the sale of an interest in a property might reasonably be expected to have been completed unconditionally for cash consideration on the date of assessment, assuming;

i. A willing seller; ii. That, prior to the date of assessment, there had been a reasonable period for proper marketing of the property for the agreement of the price and the terms and for the completion of the sale; iii. That the state of the market, level of values and other circumstances were, on any earlier assumed date of exchange of contracts, the same as on the date of assessment; iv. That no account is taken of any additional bid by a purchaser with a special interest.

10.2. Valuation results Description/Location Estimated amount of properties valued (Rwf.)

Land Value 834,883,504

Built Structures (Buildings) 415,559,942

Plantation 1,120,810,780

Disturbance Allowance @5% 118,562,711 GRAND TOTAL ESTIMATED 2,489,816,937 VALUE. The Grand total amount of money required to expropriate all the affected families in Karama, Gatunda, and Rukomo project area, in Nyagatare District, Shall approximately

be; Rwandan francs: Two Billion Four Hundred Eighty Nine Millions Eight Hundred Sixteen Thousand Nine Hundred and Thirty Seven only (Rwf: 2,489,816,937).

11. SHELTER, INFRASTRUCTURE AND SOCIAL SERVICES The total number of affected houses is 265 in the whole project area TOTAL VALUE LOCATION (Rwf.) LOCATION PER AFFECTED PER (INCLUDING CELL HOUSES SECTOR DISTURBANCE ALLOWANCE)

BUSHARA 90 147,665,219 0 KARAMA KABUGA 0 NDEGO 0 0 65 CYENKWANZI 84,483,179 RUKOMO 9 NYAKAGARAMA 15,861,734 5 GATUNDA NYAMIKAMBA 7,767,921 96 NYAMIREMBE 180,559,887 TOTAL HOUSES FOR 265 436,337,939 VOLUME 2

12. MONITORING AND EVALUATION

Monitoring: RAP implementation is one of the key aspects of this project without which the project cannot be implemented. How well the RAP is implemented determines the successful implementation of the project. As such monitoring is critical to solve challenges and obstacles in the areas of mobilization, compensation, relocation, among other issues. The monitoring and evaluation procedures are being done by RWFA staff and the district staff

Evaluation: The objectives of the evaluation will include: (1) General assessment of the compliance of the implementation of the Resettlement Action Plan with general objectives and methods as set in this document; (2) Assessment of the compliance of the implementation of the Resettlement Action Plan with laws, regulations and safeguard policies;