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Rumonge – Rutunga -Bujumbura Section Language: English Original: English PROJECT: MULTINATIONAL: TANZANIA –BURUNDI ROAD PROJECT. RAP summary RN3: RUMONGE – RUTUNGA -BUJUMBURA SECTION COUNTRIES: TANZANIA-BURUNDI Team Leader: J. NDIKUMWAMI, Senior Transport Engineer, PICU.1/COBI Co-Team Leader: J. B AGUMA, PRINCIPAL Transport Economist, RDGE.4 P. KANYIMBO, Regional Integration Coordinator, RDGE0 Preparation Team E&S Team Members: P. HORUGAVYE, Chief socio-economist, RDGC4 /SNSC F. KAYIGAMBA, Environmental expert, Consultant SNSC E.B. KAHUBIRE, Social Development Officer, RDGE4 /SNSC Date: July 2018 Multinational Tanzania –Burundi road project. RAP summary Project Title: Rehabilitation of Bujumbura – Rumonge Road Section Country: Burundi Department: RDGE Division: RDGE 3 Project Category: 1 1. INTRODUCTION The Rumonge - Bujumbura road section is one of the EAC roads under the Multi-National Tanzania/Burundi: Nyakanazi-Kasulu-Manyovu/Rumonge-Rutunga-Bujumbura Road Project. The Project objective is to rehabilitate and upgrade the existing Rumonge–Bujumbura road (78km) section to bituminous that conform to East African Community standards with the aim of enhancing trade, transport and tourism in the East African Region as well as improving socioeconomic conditions for the population along Lake Tanganyika. The project is being implemented by EAC through Burundian Office of Roads (Office des Routes – OdR). OdR, under the Ministry of Transport, Public Works, and Equipment is the roads authority of Burundi. The importance of the project road lays on the fact that apart from linking Burundi with Tanzania, the road provides transportation route for agricultural and mining produce to and from the Great Lakes countries in particular the eastern DRC. The project shall ultimately improve life for the population along Lake Tanganyika, this road being a driver of the economy of the Great Lakes countries and Burundi in particular, along the Central Trade Corridor. This RAP report complements the ESIA and ESMP reports prepared for this project by EGIS International in April 2018 based on the Code of Environment (June 2000) and Procedure for Environmental Impact Assessment (October 2010) of Burundi, the East African Guidelines and AfDB requirement standards. 2. PROJECT DESCRIPTION The project aims at upgrading the Rumonge–Bujumbura road to bitumen that will conform to EAC standards. The project will involve essentially civil works in nature and will consist of filling and reshaping the road geometry to standard level; cutting of the earth sections to facilitate widening of the road; rehabilitation or construction of longitudinal as well as cross drainage structures; and provision of sub-base, base course and double surface dressing surfacing. The new alignment will follow the existing road alignment as far as practicable as long as the design standards will be compiled with the following general design approach to be adopted. Maximum use of existing Right of way (RoW), that is, 25 metres (m) from Chainage 0+000 to river Mugere at Chainage 11+000, while the rest of the road section has the RoW of 20 m (from Chainage 11+001 to Chainage 78+000). The project road is located in the western part of Burundi along Lake Tanganyika, at the foot of Mumirwa Mountains for the western branch of East African Rift Valley. It is located in the provinces of Bujumbura City, Bujumbura Rural and Rumonge and passes Bujumbura City, Kabezi, Kabezi, Rutunga, and Rumonge urban centres. The project road is part of Class No. RN3 along RTRN Corridor EA 5 (Tunduma – Sumbawanga – Kigoma – Mugina – Nyanza Lac – Bujumbura Corridor). 3. OBJECTIVE OF THE RAP The overall objective of the AfDB’s Policy on Involuntary Resettlement is to provide compensation and ensure rehabilitation measures improve the livelihood of those affected or at minimum, restore them to their pre-resettlement status. Considering space required for construction of the 78 km of Rumonge - Bujumbura road section, properties and several utilities that are located within the road section’s proximity will have to be moved out so as to pave way for the road construction. The objective of this RAP report is to develop a plan for addressing resettlement issues resulting from implementation of the proposed project. It reports on the types of impacts, magnitude, and profile of PAPs aiming to provide detailed information on persons directly affected as well as identifying compensation options for the various affected persons. 4. POLICY AND REGULATORY AND INSTITUTIONAL FRAMEWORK 4.1 Policy and Legal framework ➢ The Post-Transition Interim Constitution of the Republic of Burundi (2005) states that every person has right to property, guarantees equal rights and equal protection to all Burundians regardless of sex, and prohibits discrimination based on sex. The Article 36 states that “no one shall be deprived of his possessions except in the public interest and in the cases and in the manner established by law, subject to fair and prior compensation or enforcement of a judgment having the force of res judicata.” ➢ The Land Code of the Republic of Burundi, Law No. 01/008 of 01/09/1986 says that Land is held as Government land (public & private estate); rural land is held under customary tenure, and urban land under leasehold. The private estate of Government is land that government can donate for a project or that it can give away of its own accord. When resettling vulnerable people, Government allocates land from its private estate. The public estate of Government includes national parks, reserves and other land held in trust by the government and is usually not subject to allocation for projects. The revised Land Code, 2011 recognizes state and private Land. Under the Law, all land that is not used is considered state land. Temporary rights of occupation are available on land classified as private state land. It also recognizes the legitimacy of land rights acquired and held under customary law but states that all asserted rights must be registered. Unregistered customary rights do not have the protection of the formal law. Article 407 provides the rules for the expropriation of land. ➢ Ministry decree no720/304 (2008) provides for procedures for Expropriation and under article 407 it provides guidelines for compensation based on the market value and on land for land replacement. Responsibility for resettlement lies with the Ministry of Water, Environment, Land and Urban Planning (MEEATU), but if the land in a wetland, the responsibility lies with the Ministry of Agriculture and Livestock. Valuation is usually done by a Commission comprised of the three key ministries of Lands, Agriculture and Infrastructure. Compensation, whether monetary or physical (in kind) must take place before a person who is eligible for compensation can relocate. When the compensation is physical or ‘land for land’, the Lands Ministry continues to be involved in the process since the duty to ascertain land for resettlement lies with them. The law provides that affected persons should be provided with land of the same size as the land acquired. In case where the acquired land is in an urban area, the value of the land is taken into account and land of proportionate value is awarded to the affected person. When the compensation is monetary, the role of Lands ceases at the valuation stage. The local authorities are charged with the duty of monitoring the progress of monetary compensation. ➢ The Ministerial Ordinance # 720/CAB/810/2003 (2003) states that when expropriation is mandated to benefit a collective entity under public law, the general rate for compensation is determined by an ordinance issued by the Ministry of Agriculture and Livestock or the Minister in charge of Urban Development. The Ordinance updates the compensation rates for land, crops and structures in case of expropriation for public usefulness. ➢ The Road Act 2007 in the Part III, Section 16 emphasized that, where it become necessary for the road authority to acquire a land owned by any person for the purpose of this act, the owners of such land shall be entitled to compensation for any development on such land in accordance with the Land Acquisition Act (1967), Land and Village Land Acts (1999) and any other written law. The Road Sector has prepared Compensation and Resettlement Guidelines to provide a consistent approach in development and implementation of compensation as well as resettlement plan in the road projects implementation. ➢ Burundi’s Code of Persons and Family (1993). The Article 122 states that the male is the head of household. The Code includes the right to joint management of family property. If a husband is absent, the wife has management rights. ➢ There is no specific law cited for grievance resolution. However, people may solve their grievances through the customary system of Bashingantahe and the judicial system of the state. While the former relies in the first place on conventions and customary regulations, the latter bases itself on legislation of the state. People may also resolve their grievances through representatives of local authorities. 4.2 Comparison with African Development Bank Policies The Africa Development Bank on involuntary resettlement emphasizes that any development project should avoid or minimize involuntary resettlement and where this is not feasible, it should assist the displaced persons in improving or at least resorting their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. There are some differences between the African Development Bank Policy and the Burundi Laws in regard to compensation and resettlement. The laws of Burundi only provide compensation for land that is legally owned by PAPs and no compensation to those without formalized rights. The African Development Bank OP 4.12 provides for compensation for land to both legal owners and those without formalized and/or fully legalized rights. OP 4.12 states that where there is a conflict between the Bank and government frameworks, those of the Bank shall take precedence.
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