Kinshasa-Brazzaville Road-Rail Bridge Access Road Construction Project

Democratic Republic of Congo MINISTRY OF INFRASTRUCTURE, PUBLIC WORKS AND RECONSTRUCTION Infrastructure Unit

KINSHASA-BRAZZAVILLE ROAD-RAIL BRIDGE ACCESS ROAD CONSTRUCTION PROJECT

AFRICAN DEVELOPMENT BANK (AfDB) FINANCING

CONSTRUCTION OF THE KINSHASA-BRAZZAVILLE ROAD-RAIL BRIDGE ACCESS ROAD FROM PK 0+00 (CARREFOUR MULELE) TO PK 6.8+00 (ON THE BANKS OF THE CONGO RIVER) IN MALUKU MUNICIPALITY/ KINSHASA CITY-PROVINCE

FULL RESETTLEMENT PLAN (FRAP) SUMMARY – Updated version

August 2019

1. INTRODUCTION

Central African States have decided to pool their efforts, depending on their economic potential and resources, to develop a viable and competitive sub-regional market. Considering the low level of integration of infrastructure networks and high transport costs in the subregion, the Heads of State and Government of the Economic Community of Central African States (ECCAS) expressed their commitment to strengthen road and rail infrastructure by adopting a Central African Consensual Transport Master Plan that mainstreams the priority infrastructure projects of the New Partnership for Africa’s Development (NEPAD). Against this backdrop, the Governments of the Democratic Republic of Congo and the Republic of Congo commissioned a study on a road bridge between Kinshasa and Brazzaville, and on the Kinshasa-llebo railroad.

Resources are being mobilised to build this important infrastructure. In this regard, the Governments of the Republic of Congo and the Democratic Republic of Congo submitted a joint request to the African Development Bank to contribute to financing the construction of roads to link the Brazzaville-Kinshasa road-rail bridge to the existing road networks.

Environmentally and socially, the project is classified under Category 1 in view of its scope and the main social impacts identified, notably the resettlement of more than 200 people. The construction of the road-rail bridge access road will entail the displacement of 490 households due to the disruption of socio-economic activities and damage to the means of livelihood of people living in the road right-of-way.

Furthermore, in keeping with the requirements of national regulations and the African Development Bank’s Involuntary Resettlement Policy (Operational Safeguard 2 – OS2), the DRC Government, through the Infrastructure Unit, commissioned the preparation of a Full Resettlement Plan (FRAP) to ensure the compensation and resettlement of project- affected persons (PAPs). The objectives of the plan are to: (i) minimise, as much as possible, involuntary resettlement; (ii) avoid, as far as possible, the destruction of property; and (iii) compensate project affected persons for the loss of housing plots, farmlands, buildings, equipment and income.

The FRAP, which is the subject of this summary, lays down the principles, terms and conditions for compensating and resettling people affected by the project.

2. PROJECT AND IMPACT AREA DESCRIPTION

2.1. Project Description

The absence of a permanent crossing between the two banks of the Congo River greatly hinders the implementation of regional and continental economic development and integration policies. Thus, the project to build a road-rail bridge (RRB) between Kinshasa and Brazzaville is intended to accelerate trade between the two countries and to: (i) ensure continuity and fluidity of the transportation system along the Tripoli-Windhoek corridor and its arterial roads, adopted under the NEPAD Short-Term Action Plan whose central link will make it possible to connect N’Djamena, Yaoundé, Libreville, Brazzaville,

2 and Kinshasa; (ii) reduce travel time and transport costs; and (iii) improve access to basic services by the people in the project impact area.

The road-rail bridge between the Democratic Republic of Congo and the Republic of Congo will span 1 757 metres. The Maluku Tréchot site chosen for the road-rail bridge layout in the Republic of Congo is situated 65 kilometres from Brazzaville. The Maluku site chosen in DRC is situated 87 kilometres from Kinshasa. At this point, the Congo River is about 1 300 metres wide and 25 metres to 35 metres deep. The road links are 10 kilometres long, that is 6.8 kilometres on the left bank (DRC) and 3.2 kilometres on the right bank (RC) of the Congo River. This Environmental and Social Impact Assessment (ESIA) focuses on the 6.8 kilometre-long access road. The road section is located in the Maluku neighbourhood, Maluku Municipality in Kinshasa City-Province. This African Development Bank-funded project comprises three components. This study focuses only on road works.

The project comprises the following components:

- A. Road works: (i) construction and asphalting of the 6.8 kilometre-long access road to the road-rail bridge, including central reservations for the laying of optical fibre cables, and a four-way junction in Maluku village; (ii) works control and supervision; (iii) implementation of environmental and social measures; and (iv) sensitisation on road safety and compliance with axle load limitations. - B. Road studies: (i) conduct of comprehensive studies on Grand Kinshasa’s South-East bypass and arterial roads, including environmental and social aspects; (ii) conduct of comprehensive studies on the upgrade and rehabilitation of National Road No. 43 (RN 43) from Maluku to the link with National Road No. 1 (RN 1) at the Nsele junction, including environmental and social aspects; and (iii) evaluation of the reform of transport sector enterprises in DRC. - C. Project management and coordination: (i) accounting and financial audit; (ii) monitoring and evaluation of project socio-economic impacts; and (iii) institutional support to and operation of the Project Executing Agency.

The cross-section of the road includes:

- two carriageways each 7 metres wide; - a 1.60-metre wide median strip with a 0.60-metre wide central separator and two hard shoulders each 0.50 metres wide; - two hard shoulders each 2.00 metres wide on either side with two 0.30- metre wide guidance trails; - a 0.75 metre-wide grass verge or a longitudinal drainage system comprising water downspouts in areas of soil fill; - central reservations for optical fibre cables.

2.2. Project Impact Area

The project study area comprises a project direct impact area or restricted study area and a project indirect impact area or expanded study area. The project direct impact area (PDIA) includes: (i) the neighbourhood of Maluku directly concerned by the project; (ii) worksites (road right-of-way and other project sites – workers’ camp, asphalt plant, crushing plant, etc.); and (iii) material borrow areas (borrow pits and quarries). Kinshasa City-Province is the project indirect impact area (PIIA).

3. ANALYSIS OF PROJECT ALTERNATIVES

The maximum width of the right-of-way on Mulele Avenue is 8 metres, that is 4 metres on each side of the main road. To achieve project objectives while minimising resettlement, two alternatives were considered.

3.1. Alternative 1

Variant 1 consists of impacting 15 m on either side of the main road axis (Avenue Mulele) in order to reach the 30 m right-of-way required for the work.

This variant will result in the expropriation of 130 parcels, 65 on either side of the road. This has a huge disadvantage and violates the guiding principle of resettlement in accordance with AfDB Operational Safeguard 2, which is to "Minimize, to the extent possible, involuntary resettlement and land acquisition along the road, both in terms of right-of-way and deviations, by making appropriate decisions to minimize land acquisition needs".

In addition, the left bank of Mulele Avenue has the following natural constraints:

 Rough relief below towards "the Congo River";

 Presence of erosion heads;

 Existence of a swampy area.

This alternative will increase the number of PAPs and consequently the cost of involuntary resettlement as well as the cost of carrying out the work. Indeed, carrying out the work under these conditions would require significant backfilling that would indirectly affect the parcels located along the Congo River. This variant was therefore abandoned.

3.2. Alternative 2

Variant 2 proposes to expropriate only the right-hand side of Mulele Avenue, which would impact 103 parcels, i.e. 73 on this avenue and 30 on Ngantaba Avenue located behind it at locations where the dimensions of Mulele Avenue parcels are not uniform.

This Alternative minimizes involuntary resettlement and avoids the allocation of the natural constraints listed in Option 1 by reducing the number of PAPs on the one hand, and reduces the cost of compensation on the other.

Conclusion

Variant 2 was selected because it significantly reduces the number land loss from 130 PAPs to 103, as well as the cost of involuntary resettlement and, above all, does not raise the cost of the structure in an inconsiderate way because it avoids all the natural constraints mentioned in Variant 1.

4. POTENTIAL IMPACTS

Since the potential impacts on the human and natural environments are presented in detail in the Environmental and Social Impact Assessment (ESIA) report, this section focuses only on impacts on the human environment in terms of expropriation and socio- economic losses due to the release of the road right-of-way and the execution of works, reducing to the maximum the nuisances that could be generated.

It should be noted that the dimensions and locations of worksites have been reduced to minimise the damage that could be caused to property owners located within the project right-of-way.

4.1. Positive Social Impacts

The table below summarises the positive project impacts.

Phase Positive Impacts - Employment prospects for the local population and small- and medium-sized enterprises (SMEs) during works execution. - Intensification of economic and commercial activities around the Construction worksite. - Job creation during works execution. - Consolidation of local expertise. - Improvement of road network drainage conditions. - Improvement of the living conditions and environment of the inhabitants of the neighbourhood of Maluku. Operation - Increase in commercial activities. - Better spatial and landscape planning. - Ownership of the road by the population.

From the environmental standpoint, the construction of the road-rail bridge access road will help to manage runoff and prevent gully erosion.

4.2. Negative Social Impacts

The negative impacts of the implementation of the Kinshasa-Brazzaville Road-Rail Bridge Access Road Project will stem primarily from the following activities: the demolition of existing facilities and construction of drainage facilities, crossings and the carriageways.

The activities being carried out partially or fully on the works' rights-of-way will have to be displaced temporarily or permanently to allow for works execution. Thus, the main impacts will concern residential and commercial buildings, business centres, temporary

6 and movable commercial infrastructure and business activities in general which encroach on the road. Despite its short distance (6.8 kilometres), the access road alignment crosses Maluku Municipality and will affect 703 persons, 180 of them suffering loss of buildings, 245 business assets and 278 farmlands.

5. LEGAL FRAMEWORK AND GRIEVANCE REDRESS MECHANISM

5.1. National Regulatory Framework

The national legal framework governing expropriation in the Democratic Republic of Congo mainly includes:

(A) Basic instruments: (i) the 18 February 2006 Constitution, particularly Articles 9, 34, 53, 54, 55, 59, 123, 202, 203 and 204; (ii) Law No. 73-021 of 20 July 1973 laying down the general property, land tenure and real estate regime and system of guarantees, as amended and supplemented by Law No. 80-008 of 18 July 1980; (iii) Law No. 77-001 of 22 February 1977 governing expropriation for public purpose; (iv) Law No. 77-001 of 22 February 2002 on expropriation procedures; and (v) Law No. 11/009 of 9 July 2011 laying down the principles of environmental conservation.

Article 34 of the Constitution of the Democratic Republic of Congo, as amended by Law No. 11/002 of 20 January 2011 amending certain articles of the 18 February 2006 Constitution of the Democratic Republic of Congo, stipulates that any expropriation decision shall fall within the remit of the legislative authority.

Law No. 77-001 on expropriation procedures stipulates that an expropriation decision must indicate the full identity of the persons concerned and should be based on a property plan. It fixes the deadline for eviction with effect from the date of signature of the decision on expropriation for public purpose.

(B) Complementary legislation: (i) Law No. 15/026 of 31 December 2015 on water resources; (ii) Ordinance No. 74-148 of 2 July 1974 on the enforcement of Law No. 73- 021 of 20 July 1973; (iii) Ordinance No. 74-150 of 2 July 1974 and Order No. 90-0012 of 31 March 1990 on models of land registers and certificates; (iv) Ordinance No. 74-148 of 2 July 1974 on the enforcement of Law No. 73-021 of 20 July 1973 laying down the general property, land tenure and real estate regime and system of guarantees; (v) Ordinance No. 74-149 of 2 July 1974 defining the number and jurisdictions of land registry divisions; (vi) Ordinance No. 77-040 of 22 February 1977 laying down the conditions for granting free concessions; (vii) Ordinance No. 98 of 13 May 1963 on land measurement and demarcation; (viii) Decree of 20 June 1957 on the Urban Code; (ix) Order No. 90- 0012 of 31 March 1990 laying down the procedures for the conversion of securities; (x) Orders No. 012/88 of 22 October 1988 and No. 013/88 of 14 November 1988 granting building authorisation; (xi) Orders No. 00122 of 8 December 1975 and No. 1440/000029/85 of 21 December 1985 relating to land registry divisions.

5.2. The African Development Bank’s Safeguard Policies

The project implementation must meet Integrated Safeguards System (ISS) requirements, particularly Operational Safeguard 2 (OS2) on Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation. It seeks to clarify all issues related to physical and economic displacement. The specific objectives of OS2 are to: (i) avoid involuntary resettlement where feasible, or minimise resettlement impacts where involuntary resettlement is unavoidable, exploring all viable project designs; (ii) ensure that displaced people are meaningfully consulted and given opportunities to participate in the planning and implementation of resettlement programmes; (iii)ensure that displaced people receive significant resettlement assistance under the project, so that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved beyond pre-project levels; (iv) provide explicit guidance to borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts of displacement and resettlement, actively facilitate social development and establish a sustainable economy and society; (v) set up a mechanism for monitoring the performance of involuntary resettlement programmes in Bank operations and remedying problems as they arise through the complaints management mechanism so as to safeguard against ill-prepared and poorly implemented resettlement plans.

In addition, the AfDB’s safeguard policies applicable to the project are:

- OS1 which is triggered because the project will have potential negative impacts during its implementation, which justifies the preparation of an ESIA. Similarly, the project impacts will be localised and reversible after the implementation of mitigation measures;

- OS2 which is triggered by the need to acquire land and the loss of economic activities;

- OS4 which is triggered because of the possible generation of waste (hazardous and inert) during the execution of works, which may affect the ozone layer; and

- OS5 which is triggered considering the risks workers will face on the worksite.

Other relevant Bank policies and guidelines are applicable once triggered within the ISS framework. These include: (i) Bank Gender Policy (2001) – the 2014-2018 Bank Group Gender Strategy (2014); (ii) Framework for Enhanced Engagement with Civil Society Organizations (2012); (iii) Bank Group's Policy on Disclosure and Access to Information (2012); (iv) Handbook on Stakeholder Consultation and Participation in AfDB Operations (2001); (v) Policy on Population and Strategies for Implementation (2002); and (vi) Environmental and Social Assessment Procedures for African Development Bank's Public Sector Operations (2015).

Note: Where national regulations are inadequate and/or there is conflict between the two legal frameworks, international conventions prevailing over national laws, the Bank policy will prevail over national laws, or, all other things being equal, the framework that is most advantageous to project affected persons will be adopted.

6. INSTITUTIONAL FRAMEWORK

Many institutional actors are involved in the resettlement process. For the purposes of the Kinshasa-Brazzaville Road-Rail Bridge (RRB) Access Road Construction Project, the key stakeholders will conduct FRAP approval, dissemination, implementation and monitoring and evaluation operations. The key stakeholders are:

- Ministry of Infrastructure, Public Works and Reconstruction, Project Manager;

- Ministry of the Environment and Sustainable Development (MEDD), in charge of the authorization and environmental monitoring of projects;

- Infrastructure Unit, Delegated Project Manager in charge of the administrative and fiduciary management of the Project. In this context, it will participate in the validation of backup documents and the supervision of their implementation;

- Roads Office, Project Manager, is the beneficiary of the project;

- Congolese Environment Agency, in charge of validating environmental and social studies and monitoring the implementation of environmental and social measures;

- Commune of Maluku, in charge of chairing the Local Commission for Resettlement and Complaint Management and providing information to the affected populations through consultation, public auction and posting;

- Ministry of Social Affairs, in charge of managing the Social Vulnerability Observatory and the database of partners and actors in the social and humanitarian field;

- Ministry of Land Affairs, manages and grants real estate titles for their development;

- Ministry of Urban Planning, in charge of urban spatial planning in terms of urban planning and housing;

- Ministry of Justice and Keeper of the Seals, final settlement, disputes that have not been able to find amicable solutions.

Project stakeholders including the Congolese Environment Agency, the Environmental and Social Unit / Infrastructure Unit, the Environmental and Social Unit of the Roads Office, the Maluku Municipal Technical Services, the Local Resettlement and Dispute Resolution Commission, etc. are not familiar with the African Development Bank's procedures in this regard (SO 2).

Thus, there is a need for capacity building in resettlement of these project stakeholders including the Lenders advisors and contractors. An additional environmental and social safeguard expert will be recruited for the IC. In addition, training on identified environmental and social protection issues will be provided to other stakeholders. Another Environmental and Social Safeguards Expert will be recruited for the Infrastructure Unit. Furthermore, other stakeholders will be trained in the environmental conservation and social protection themes identified.

7. ORGANIZATIONAL RESPONSIBILITIES

A number of key stakeholders will conduct FRAP approval, dissemination and implementation operations. These institutions include:

Institutions Roles - Resource mobilisation and allocation for Government of the DRC the payment of compensation covered by the AfDB Grant/Loan - Overall coordination and supervision of Infrastructure Unit resettlement operations - FRAP implementation - Information of PAPs Local Resettlement and Dispute - Social facilitation Management Commission - Recording and processing of complaints Congolese Environment Agency (ACE) and the Environmental and Social Unit of - Monitoring of the resettlement process the Roads Authority (CESOR) Evaluation Consultant - Mid-term and final evaluation

The Infrastructure Unit will oversee the implementation of the FRAP, in accordance with the commitments made with the AfDB.

8. SOCIO-ECONOMIC STUDIES

The census carried out in the project impact area helped to determine that the project will affect 635 people, 207 of them suffering loss of property (houses, sheds, schools, churches, health centres, etc.), 242 for loss of business assets (shops, stalls, hardware stores, pharmacies, etc.) and 186 for loss of farm assets (loss of food crops due to the acquisition of land and fruit trees).

8.1. Census Results

Of the 103 parcels affected by the project, as mentioned above (73 on Mulele Avenue and 30 on Ngantaba Avenue), household surveys for expropriations identified 490 heads of households affected by the project, including landlords, tenants, free tenants, and

10 businesses. The number of PAPs by type of property affected is summarized below. It should be noted that the same PAP may lose several types of property

Types and number of Affected Assets Number of PAPs by Types of Asset Affected AssetType Built-on plots (plots with houses) 92 Non built-on plots (plots with no house) 11 Tenants 350 Business owners 242 Business owners fixed infrastructure (shops) 81 Business owners with precarious infrastructure 159 (displays) Owners of other commercial infrastructure (water 2 suction pump) Owner of agricultural fields 67 Agricultural concession owners (partial loss) 16 Farms owners (animal husbandry) 3 Trees 113 Schools 3 Health infrastructure (health centre) 1 Vulnerable persons (widow, widower, elderly, minor 68 orphan) Total number of PAPs 635

8.2. Socio-economic Profiles of PAPs

The socio-economic surveys conducted helped to identify the household heads affected by the project through the loss of property. Thus, a total of 490 households will be affected by the project. The surveys revealed that the project will lead to the loss of houses, crops, fruit and decorative trees, permanent, temporary and detachable commercial infrastructure (shops, stands, stalls and telephone booths) as well as business premises. The sections below present the social, demographic and economic profiles of the households affected by the project.

Household composition

The project-affected households identified on Mulele Avenue – Concession Fatouma Mokoma Junction road section in the neighbourhood of Maluku in Maluku Municipality are evenly distributed in Mulele Avenue and Ngataba Avenue, representing 88.3% for the

11 former and 11.7% for the latter respectively. The household heads carry out various commercial activities along the above-mentioned road section.

Women constitute the majority of the household heads identified on the Mulele Avenue- Concession Fatouma Mokoma Junction road section. On this road, about 62.4% of the project-affected household heads are women and 37.6% men. The large number of female-headed households is attributable to the sale of empty cans and crates and empty bottles of carbonated beverages and beer by women.

The distribution of project-affected household heads by age shows that the 31-59 age group is the most affected by the construction of the Kinshasa-Brazzaville road-rail bridge access road with 66.3%. In fact, 22.45% of the household heads concerned are aged between 17 and 30 years, while only 11.2% are elderly.

All the 490 project-affected household heads identified are of Congolese nationality. Most of them belong to the Teke ethnic group in Kinshasa City-Province.

The distribution of the project-affected household heads by marital status shows that most of them are married and live in monogamous households. Of the total number of households heads identified, 65% are married, 24.6% are single and 0.6% and 7% are widowers and widows.

The household heads have a low level of education. As a result, the rate of access to education for project-affected household heads is still low. The household heads whose level of education was determined had attained secondary (71%) or higher (3.2%) levels of education

9. ELIGIBILITY OF THE PAPS IDENTIFIED

9.1. Conditions of Eligibility for Compensation and General Provisions

An eligibility matrix was prepared in accordance with national regulations and AfDB’s Operational Safeguard 2. The principles of eligibility, indemnification, compensation and assistance were defined, with special emphasis on vulnerable persons.

Eligible persons will be men and women who are negatively affected by the project living within the road right-of-way identified before the cut-off date. By definition, a person is said to be negatively affected by the project when he or she loses sources of income, property rights, user rights or other rights to a building, a piece of land or any other chattel or building, in whole or in part and permanently or temporarily due to project implementation.

Therefore, eligible persons will be those who: (i) have formal legal rights to land or other assets recognised under the laws of the country concerned; this category generally includes people who are physically residing at the project site and those who will be displaced or may lose access or suffer a loss in their livelihood as a result of project activities; (ii) may not have formal legal rights to land or other assets at the time of the census/evaluation, but can prove that they have a claim that would be recognised under 12 the customary laws of the country and (iii) have no recognizable legal right or claim to the land they are occupying in the project area of influence and who do not fall into either of the two categories described above, if they themselves or witnesses can demonstrate that they occupied the project area of influence for at least six months prior to a cut-off date

Project-affected persons will be entitled to indemnification or compensation, that is, they will be expected to benefit from the measures adopted to mitigate losses. The measures may be indemnification or compensation depending on the status of occupation of the affected area, rehabilitation, relocation allowance, and disturbance allowance.

Rightful claimants of deceased persons who are formally recognised will also be eligible for compensation during the interval between the identification of assets and payment of compensation. People affected by the activities of project components will be entitled to compensation calculated from a date known as compensation entitlement eligibility date.

9.2. Eligibility Deadline

The relocation eligibility deadline corresponds to the date of completion of the census of project-affected persons and identification of their assets, beyond which no loss or activity is eligible for compensation.

The census in the project impact area started on 26 July and ended on 4 August 2019. The deadline or cut-off date is therefore 4 August 2019. Beyond this date, the occupation of a house, a business place, or the use of land or resource affected by the project will no longer be eligible for compensation.

10. ASSESSMENT AND COMPENSATION FOR LOSSES

10.1. Method of Calculating Compensation

The principles of compensation will be that:

- irrespective of the form (in kind or cash), compensation will be paid before physical and/or economic displacement;

- compensation will be calculated based on the full replacement cost for property lost (plus transaction costs).

Assessment of compensation for loss of business premises

The compensation operation will involve compensating the project-affected persons who have buildings on their plots. These include temporary buildings in the form of wooden stalls fastened to the ground. The value of the houses will be estimated based on the market price of materials in each locality. The unit prices of building materials and labour for each place of business were discussed with and approved by the affected persons.

Compensation = building replacement cost + (daily income x 90 days) + resettlement assistance

Assessment of loss of rental income Compensation for loss of rental income will be paid to landlords. It is estimated over an average period of 3 months. The compensation will be three (03) months equivalent to the amount received from each tenant. The assessment of loss of rental income concerns only landlords.

Compensation = Monthly rental income x 3 months

Assessment of loss of business income

Compensation for loss of income will cover the entire transition period for the transfer of the activity or the disruption caused by construction works. It will be calculated based on the daily income of the socio-professional category multiplied by the length of time during which the activity was stopped. A lump sum will be paid to cover displacement expenses.

The loss of business income was assessed based on a reasonable estimate of the possible duration of work stoppage caused by construction works multiplied by the average daily income derived from the activity, plus a lump sum for resettlement assistance.

Compensation = Average daily income x 30 days + Resettlement assistance

Assessment of land, building and agricultural losses

Compensation for the loss of land, housing, trees and annual crops was based on mercurials developed for similar projects (Special Economic Zone and PMEDE) in the project area, with funding from the World Bank or the Government of the DRC. These estimates were presented and considered acceptable by the PAPs.

After verifications, the site selected by interested PAPs for physical relocation (out of 3 sites) cannot be used because it encroaches on border infrastructure that is part of the road-rail bridge. A fourth site that has been proposed is close to a cemetery and this option has been rejected by the PAPs. As a result, no acceptable site could be identified. Under these conditions, the loss of buildings will be compensated in cash and the will accompany the PAPs losing houses, for the identification of alternative land in the city of Maluku or the surrounding area and the self-rebuilding of their houses.

Estimate of resettlement assistance to be given to PAPs

Under this FRAP, the resettlement assistance (RA) may take various forms depending on circumstances such as:

- relocation assistance (RA);

- reimbursement of the rental guarantee (RRG);

- assistance to vulnerable persons (AVP) for people living with disabilities, people over 60 years of age and widowers without support.

Relocation assistance will consist in paying a lump-sum amount ranging from USD 50 for a place of business consisting of a simple stall fastened to the ground to USD 100 for a place of business consisting of an enclosed shelter. This assistance will be provided to enable affected persons to hire labour or means of transportation to help to move their belongings to the resettlement site.

Insofar as PAPs with places of business wish to be fully compensated in cash and prefer to find other places by themselves in which to resume their activities, it was agreed that in addition to their compensation for loss of income, they will be given relocation assistance to enable them to hire labour to help them to move their belongings.

 Reimbursement of rental guarantee (RRG)

This assistance, which corresponds to 3 months of rental, will enable tenants to rent another space in order to continue their commercial activity or for living purpose.

 Assistance to vulnerable persons

Special attention will be paid to the needs of vulnerable groups among displaced populations. The socio-economic survey carried out under this FRAP helped to identify 100 vulnerable persons. The vulnerability criteria considered are:

- people with disability;

- people aged 60 years and above;

- widows and widowers without support.

The 68 people identified as vulnerable will, in addition to their compensation, receive USD 100. This assistance will enable them to meet additional needs resulting from their vulnerable situation.

Besides this assistance, social measures will have to be adopted during project implementation to support the resilience of these vulnerable PAPs.

The procedures for granting resettlement assistance are summarised in the following table: 15

Beneficiaries Type of assistance Resettlement assistance

Resident tenants and landlords as well as owners of fixed commercial Relocation assistance 100 USD infrastructure

Traders who own precarious commercial Relocation assistance 50 USD infrastructure Assistance with the 3-month rental guarantee of the current amount of rent Tenants Loss on Rental Income to be paid to a new landlord as a guarantee

Owner Perte sur le Revenu Locatif 3 months of the amount of rent lost

Transitional period of loss Merchants 3 months of business income

Senior citizens, widow, widower, orphan Assistance to the Vulnerable 100 USD

The site is located on a plateau diagonally to the left side of the area where the road-rail bridge will be built. An important asset is direct access throughout the full length of the river, particularly the sandy beach. The site is also very beautiful and ideal for recreational and tourist activities on the riverside. However, it is located far from the town and its facilities and public services such as electricity, schools and health centres.

Under the project, the affected homes will be rebuilt within the same initial community. The exact plot of each PAP will be determined and developed during the preparation of FRAP implementation, even before the displacement of households.

11. COMMUNITY PARTICIPATION

Free and transparent consultation

The following groups and people were consulted: all categories of people that may be affected by the project, local and customary political and administrative authorities, the ethnic group chief, and the neighbourhood head.

The people and groups consulted freely voiced their concerns and expectations and asked questions during public meetings held in the conference room of Maluku Municipality and in the neighbourhood head’s home, and during the conduct of household surveys. After completing the survey questionnaire, respondents were given time to express their expectations and fears or ask questions in a more confidential manner than during public consultations.

Prior consultation

Three public consultations were held. The minutes of the consultations are attached as an annex to the FRAP.

During the consultations, the consultant, with the support of the Maluku Municipality and the Infrastructure Unit, presented the project, its potential positive and negative impacts as well as the related mitigation measures.

Summary of the views expressed and concerns raised

The analysis of the views and opinions expressed during public consultations shows that the project has gained widespread social acceptance. This is evidenced by very favourable opinions. The people consulted consider the project as a means to boost the development of their municipality by linking it with Central African countries.

Although the stakeholders consulted consider the project as a good initiative, they, however, expressed a number of fears and concerns regarding:

- delays in implementing project activities; - loss of income from their economic activities on the project right-of-way; - lapses in the monitoring of works; - the displacement of water and electricity networks; - risk of cracking of houses along the road section; - risk of traffic accidents; - failure to recruit local labour.

As regards the implementation of resettlement activities, local authorities, potential PAPs and the population recommended:

- the follow-up of payment of compensation; - the execution of works in a timely manner; - the conduct of sensitisation and information campaigns; - the capacity building of the various stakeholders in the project; - the provision of information on project implementation to the population; - the prioritisation of local labour in the recruitment of site workers; - the sensitisation of the population on the need to ensure the sustainability of facilities.

Mainstreaming of concerns and recommendations in the FRAP

The concerns expressed and the recommendations made by stakeholders and PAPs during consultations will be mainstreamed in organisational arrangements concerning the 17 involvement of local technical services and the neighbourhood head in the implementation of the FRAP.

Concerning social support for PAPs, the assistance measures recommended in the FRAP will focus on monitoring and supervision throughout the displacement and resettlement period. Special assistance for the PAPs concerned will be included in the resettlement measures.

Information and sensitisation aspects will be taken into account in the information and sensitisation campaigns that will be programmed and budgeted within the framework of FRAP validation and implementation. The Project Implementation Unit will take all the necessary measures through a communication plan to ensure that PAPs have a good understanding of resettlement issues and the complaint management mechanisms put in place.

Safety and accident risk issues will be mainstreamed in the ESMP and the Environmental and Social Impact Assessment (ESIA) for the construction of the Kinshasa-Brazzaville road-rail bridge access road.

12. COMPLAINTS MANAGEMENT MECHANISM (CMM)

This procedure will allow, within the project, the settlement of disputes arising from the implementation of the FRAP.

Typology of complaints

Several types of complaints may arise in the event of relocation, thus justifying the existence of a mechanism to deal with certain complaints. The problems that may arise are as follows: (i) errors in the identification of PAPs and the valuation of property; (ii) disagreement on the boundaries of parcels or fields; (iii) conflict over the ownership of one property; (iv) disagreement over the valuation of another property; (v) inheritance, divorce, and other family problems, resulting in conflicts between heirs or members of the same family, over the ownership, or shares, of a given property; etc.

Dispute handling mechanism

The dispute handling mechanism consists of 3 levels:

First level : to avoid a multiplication of stakeholders, a Local Resettlement and Dispute Management Commission (CLRGL) is created and is the extrajudicial dispute handling body within the project.

The length of the project is small, 6.8 km, 4 km of which is in the rural part (almost uninhabited) and 3 km in the urban part (completely inhabited). To do this, only one basic CLRGL will be installed at the Commune level under the authority of the Mayor but under the daily management of the Head of Office (first administrative head of the Commune).

The "Basic CLRGL" will be composed of 5 members, distributed as follows:

- A representative of the Mayor (the Head of Office): President of the CLRGL - A representative of the customary power: member - A representative of the judiciary: member secretary - One representative of the women's PAPs: member - One male PAP representative: member

The core CLRGL members representing the PAPs are nominated by their peers.

The "basic CLRGL" acts as the first instance of appeal for the handling of complaints and presents the decisions of their deliberation to the project, precisely to the Control Mission for action.

Training on the operation of the basic CLRGL will be provided by the IC and its operating procedures will be made accessible to affected persons.

Second level: In the event of a dispute or manifest unsatisfactory performance, the company, the Control Mission and the IC, partner with the basic CLRGL, thus becoming the "extended CLRGL" to review unresolved issues on appeal.

The basic CLRGL meets twice a month to deal with complaints registered in a register book dedicated to this purpose by the project and the extended CLRGL is convened once a month, if unresolved cases are reported.

Third level: If no satisfactory solution is found at the level of these two bodies, the complainant PAP may ultimately resort to judicial settlement of the dispute.

13. FRAP IMPLEMENTATION MONITORING AND EVALUATION

13.1 FRAP Implementation Monitoring

The procedures for the implementation of the FRAP will begin as soon as it is approved and well before the payment of compensation and release of the right-of-way. The objective of monitoring is to report any problems that arise to project officers and to ensure that FRAP procedures are complied with. The evaluation of FRAP implementation can be carried out once the last PAP is compensated. The aim of the evaluation is to certify that the PAP has been successfully resettled and that all his/her economic and productive activities have been restored.

Monitoring and evaluation will enable the project promoter to ensure that the principles and procedures set out in the FRAP have been fully complied with. FRAP implementation monitoring and evaluation activities are included in the tasks assigned to the Social and Environmental Expert of the Infrastructure Unit. The monitoring of the implementation of resettlement activities is carried out on a permanent basis. It will begin with the launching of resettlement activities and end with the completion of resettlement.

During the conduct of surveillance and monitoring activities, it is important to report any problems that arise to project officers and to ensure that FRAP procedures are followed.

The implementation of resettlement activities will be monitored on a permanent basis. It will begin with the start of implementation of resettlement activities and end with the completion of resettlement.

FRAP implementation monitoring indicators

Within the framework of the implementation of the FRAP, the following indicators will be monitored and informed, as described in the monitoring indicators table presented below.

FRAP Implementation Monitoring Indicators Phases Types of Indicators  Number of information meetings held with PAPs; Preparation  Number of people who attended the meetings.  Number of PAPs who dismantled and rebuilt their semi- permanent facilities outside the project right-of-way;  Number of disputes throughout the resettlement process; FRAP  Number of solutions recommended or provided to implementation overcome difficulties;  Number and types of conflicts related to displacement;  Mechanism set up for the resolution of conflict(s).  Amount or type of assistance received by each PAP during Assistance measures resettlement;  Number of vulnerable PAPs assisted.

13.2. Evaluation

It is proposed that the Infrastructure Unit should conduct the evaluation of FRAP implementation. The evaluation will be carried out once all PAPs have been fully compensated and the entire resettlement process is completed. The aim of evaluation is to ascertain that all PAPs have been fully compensated and resettled.

13.3. Monitoring and Evaluation Cost

The cost of the close monitoring and evaluation of the implementation of resettlement activities by the Infrastructure Unit will include mission, vehicle and fuel expenses for the mobilisation of experts (Roads Authority, Maluku Municipality, Congolese Environment Agency, etc.).

14. FRAP COST AND BUDGET

Concerning FRAP implementation, the budget below presents all the costs associated with the compensation of PAPs and the implementation of required monitoring and

20 evaluation activities. The budget is broken down into several headings: compensation measures for the reconstruction of facilities damaged, and support and information, communication and monitoring and evaluation measures. The table below presents the FRAP budget estimate.

Estimated budget for the Full Resettlement Action Plan (FRAP) Category Headings Budget in USD

Compensation for loss of land and buildings 2 006 880 Compensation for loss of commercial income 147 205 Compensation for loss of agricultural land, annual 1 349 250 and perennial crops Total for compensation payments 3 503 335

Compensations

Recruitment of a ressetlement expert 144 000 Capacity building (training) 10 000 Development and implementation of stakeholder engagement plan 15 000 Monitoring of the implementation of the RCP by CLRGL 12 000 Final evaluation of the RCP 30 000

and Monitoring and Monitoring Implementation Implementation Total for implementation and monitoring 211 000 Sub-total 3 714 335 Contingencies (10%) 371 433 Total 4 085 768

15. FRAP IMPLEMENTATION SCHEDULE

The implementation of the FRAP will begin with the submission of a copy thereof to Maluku Municipality and the mobilisation of the Local Resettlement Committee which will monitor the implementation of FRAP activities. A representative of this committee will be a member of the Compensation Implementation Monitoring Committee.

After a copy of the FRAP is deposited at the Maluku Municipality, the Infrastructure Unit will take steps to provide information to the project-affected persons through consultation, posters, the radio and, where possible, consultation of the FRAP deposited.

The project affected persons will be called upon to express their opinion on the accuracy of the information provided during the field mission and the feedback workshop. Where a PAP is not satisfied with the information contained in the FRAP, the Infrastructure Unit will initiate new consultations to reconcile the viewpoints. At the end of the conciliation, the Infrastructure Unit will sign a new FRAP information recognition and approval protocol with the PAP, in the presence of the Compensation Payment Monitoring Commission. After the approval, the next step will be to implement compensation and rehabilitation activities. During the public consultations, almost all the project-affected persons

preferred that their compensation should be paid in cash. The table below presents the indicative schedule of the implementation of the FRAP. This schedule will be updated prior to the implementation of the FRAP with due regard for the reconstruction of houses.

FRAP Implementation Schedule Phases Activités Months 1 2 3 4 5 6 7 8 9 10 11 12 Phase 1 1. Contact with local authorities Sensitisation and Information of the 2. Implementation of the Local Population Resettlement and Complaints Management Committee 3. Recognition of the length of the project road 4. Sensitisation of various segments of the population in the project area Phase 2 5. Update of inventory data and Payment of payment of compensation Compensation for Affected Assets 6. Support for the PAPs for the reconstruction of houses 7. Settlement of disputes

It should be noted that all complaints filed after the implementation of the FRAP will be handled by the overall Project Complaints Management Mechanism.

REFERENCES AND CONTACTS

Bruno BOLEKYMO, 2019. Complete Resettlement Plan of the Congo River Road-Rail Bridge Link Roads Construction Project – DRC, 158 p.

Fousseyni TRAORE, 2019. Environmental and Social Impact Assessment of the Congo River Road-Rail Bridge Link Roads Construction Project – DRC, 230 p.

For the Infrastructure Unit: Theophile NTELA, Coordinator: [email protected] Chaibou MAMANE, Environmental Expert: [email protected] Aimé KABAMBA, Environmental Expert: [email protected]

For the AfDB: Pierre-Simon MORE-NDONG, Principal Transport Engineer: [email protected] Augustin KARANGA, Chief Transport Economist: [email protected] Gisele BELEM, Environmental and Social Safeguards Expert: [email protected]