FRDP NYABIHU UPDATED RAP April 2020
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REPUBLIC OF RWANDA PREPARED BY: MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES UPDATED BY: RWANDA TRANSPORT DEVELOPMENT AGENCY AND NYABIHU DISTRICT THROUGH JV CSC&EC AND FAIR CONSTRUCTION AND JV CRBC & NPD RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS Feeder Roads Development Project (FRDP) (Pl26498, P158092) NYABIHU DISTRICT April, 2020 1 EXECUTIVE SUMMARY The Government of Rwanda (GoR) has received Additional Financing form Multi Donor Trust Funds (MDTF) for the Feeder Roads Development Project for rehabilitation of selected feeder roads in the six districts, namely Gatsibo, Nyagatare, Nyaruguru, Gakenke, Rutsiro and Nyabihu. In March 2017, the project prepared the Resettlement Action Plan for Feeder Roads rehabilitation in Nyabihu district, however with the new contract approach of Design Build and Maintain (DBM) where contractor has to conduct detailed design, it was found necessary to update the initial RAP to take into consideration of the detailed design conducted by the contractors that have been hired in June and September 2019. This updated RAP identified new and old PAPs, their affected assets/properties, their value and provides a strategy for resettlement compensation to ensure that the PAPs’ livelihoods are restored or improved. The rehabilitation of the feeder roads requires the preparation of the Resettlement Action Plan (RAP) to ensure that the planned activities are socially implemented in full compliance with Rwanda’s and the World Bank’s social policies and regulations. In this regards, MININFRA/FRDP has contracted CSC&EC in association with FAIR CONSTRUCTION Ltd; CHINA ROAD&BRIDGE CORPORATION (CRBC) in association with NPD Ltd. to update the Resettlement Action Plan (RAP) of the selected feeder roads of Nyabihu District. The present RAP report presents the main findings from Nyabihu District. The objectives of this RAP were to provide a baseline with regards to the socio-economic conditions of PAPs after field investigation, identify the national and international legal tenure framework to abide with as well as the institutional arrangements, to assess the potential impacts and their mitigation mechanisms;. ; to estimate the cost necessary for compensation and to conduct public consultations with PAPs and other project stakeholders through raising awareness of the project and its consequence’s among the public in general The methodological approach used to achieve the objective of the assignment, include the desk review of existing reports on feeder roads in Rwanda and socio-economic data on Nyabihu district, the review of the existing national policies and legal instruments governing the resettlement compared to the Word Bank standards and requirements, among others. Furthermore, the Contractor conducted public participation and Consultation meetings and field visits informing the people about the upcoming project and also to gather needed data. The study findings revealed that the population living or having properties within 10.5 m right of way is 7,318 (3,876 females and 3,442 males) grouped into 1,444 families; About 52.3% of the affected community is literate, with mostly primary education level. Majority of the affected families (58.8%) have 4 to 6 people/ household and the vulnerable group represents 18.4% of the total affected families. 78% of the total affected 2 families own at least one type of livestock and survive from agriculture. All PAPs and other stakeholders consulted are supportive of the proposed project implementation. During the survey it was realized that a total of 100 households will be fully displaced. In these 100 HH with 447 PAPs in all these PAH are in the category of people who were living in houses closer to the roads with space at the backside in the same plots and they will build their new residential house if they don’t want to leave the neighborhood. Only 10 people will be displaced at a short distance in the settlement near their residence. To mitigate relocation issue, the project together with Nyabihu district will assist them finding new location in the selected settlement in villages or model villages where basics needs (electricity, water schools) are easy to be provided. The socio economic survey conducted in Nyabihu district has shown that 267 people in 167 households are vulnerable divided into 2 categories (1. very old and 2. Need special attention). The affected land is mainly a small portion of land that is partial/small size ranging between 6.4m. The biggest number of projects affected persons live on their land and own a bigger size of land. During consultation meetings, the majority of the PAPs requested/preferred cash compensation for the small piece of affected land, the remaining PAPs land will remain economically viable during and after road construction. For the PAHs to be displaced, it was discussed and agreed on with the PAHs on the three types of relocation; PAPs who are completely/fully losing their land, PAPs that will partially lose their land, and PAPs that will temporally loss land due to campsite installation and burrow pits. On loss of houses, the majority of the PAPs to be displaced preferred and requested for Self-relocation that is losing the house (s) but want to construct houses in their same plot since the remaining land is viable. Other PAPs mentioned having second house/alternative plots elsewhere and need cash compensation since there will be no need for construction of a new house. Relocation support will be provided (land tittle transfer given specific attention , disturbance allowance 5%, among others for self- construction and those people who will not be able to construct their houses in the same plots, the PIU will work/collaborate with the District to provide land in the model villages for PAPs to construct their new homes. 3 On The prevalence of GBV there no data available per district and there is a study to be conducted by the Gender Monitoring Office and the findings will be published The rehabilitation of six (6) prioritized feeder roads will need an average of 32.9 ha of additional land to have 10.5 m right of way, of which 80% is agricultural land to be compensated by cash payment as opted by the PAPs during consultation. During public consultation all the PAPs voted for cash payment as the partial land to be acquired is very small and leaving to somewhere else they don’t have activities is not beneficial and the government only owns forest and marshland considered restricted land The potential land acquisition is likely to lead to loss of 100 houses and 52m of live fence, 6.2 ha of crops and forests and approximately 10,193 trees, with at least 30cm of girth size, five (5) water valve chambers and Seven (7) water taps are also likely to be affected. All the affected properties will be compensated prior to the civil works. The resettlement and compensation of crops, trees, houses and land will be made as per Rwandan law and the World Bank’s policies (OP 4.12); the latter will prevail. MININFRA, MINECOFIN, MoE, RLMUA, MINAGRI, RTDA and NYABIHU District are key implementers of this RAP. Compensation of PAPs affected properties will be done before the beginning of any kind of civil works. Grievance redresses committees at the Subproject and road level will be established to supervise the safeguards compliance throughout the project period and resolve related issues raised by the project affected persons that may arise during or after the project works. A strong monitoring system will be put in place to receive and resolve PAPs issues raised. The estimated budget/cost of RAP for the interventions to improve the feeder roads in Nyabihu District for the six (6) prioritized roads is 960,913,569 FRW. The Cross- cutting issues like GBV, VAC and SEA as they affect human being are costless but there is mitigation measure of raising the awareness campaign by the local service provider as stated in the signed contract in Nyabihu district. The Government of Rwanda will disclose this RAP report locally and will authorize the World Bank to disclose it electronically through its Info Shop. In view of the RAP results, it could be concluded that the project will bring a lot of benefits to Nyabihu community. The resettlement impacts are within the manageable limits and can be mitigated with the proposed resettlement management plans. However, for the successful implementation of planned development activities, the timely implementation of the proposed mitigation measures is required. 4 BASIC DATA OF THE RAP S/Nº Description Impacts in Quantity 1. District Nyabihu 2. Province Western Province 3. Planned activity Construction/ Rehabilitation of Roads, Drainage and Bridges 4. Priority Roads in Numbers 6 5. Length of Roads in Km 93 6. Average additional width in meters 6.4 7. Number of households who will lose house 100 fully 8. Number of households who will lose house 0 partially 9. Private live fences affected in meters 52 10. Number of institutional buildings affected 8 fully 11. Loss of lands permanently in hectares 32.9 12. Loss of Crops in ha 6.2 13. Loss of trees in numbers (with at least 30cm 10,193 girth size) 14. Water valve chambers 5 15. Water Taps 7 16. Total number of affected households 1,444 17. Total number of vulnerable HH 167 18. Total number of the vulnerable people 267 19. Number of affected Persons 7,318 20. Total Estimated RAP Cost (in Rwandan 960,913,569 Francs) 5 Table of Contents EXECUTIVE SUMMARY................................................................................................ 2 BASIC DATA