FRDP NYABIHU UPDATED RAP April 2020

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

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.

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.

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)

Table of Contents

EXECUTIVE SUMMARY...... 2 BASIC DATA OF THE RAP ...... 5 List of Tables ...... 9 List of Figures ...... 10 ABBREVIATIONS ...... 10 Definition of Terms ...... 12 1.1. BACKGROUND ...... 17 1.2. RESETTLEMENT ACTION PLAN OBJECTIVES ...... 20 1.4. FORMAT OF THE REPORT ...... 22 2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ...... 23 2.1. National Policies ...... 23 2.1.1. National Land Policy 2019 ...... 24 2.1.2. National Strategy for Transformation (NST1/2017-2024) ...... 25 2.1.3. Land Tenure System and Provisions in Rwanda ...... 26 2.1.4. Transport Policy ...... 26 2.1.5. The National Gender Policy, 2010 ...... 27 2.1.6. The National Human Settlement Policy, 2009 ...... 27 2.1.7. National Social Protection Strategy, 2011 ...... 28 2.1.8. National policy on child labor ...... 28 2.2. NATIONAL LAWS ...... 29 2.2.1 Important Resettlement Legislations...... 29 2.3. International Social Safeguard Policies ...... 37 2.3.1. The World Bank Social Safeguard Policies ...... 37 2.3.1.1. Involuntary Resettlement (OP/BP 4.12) ...... 37 2.4. INSTITUTIONAL FRAMEWORK ...... 45 RAP Implementation Schedule ...... 47 2.4.1. IDENTIFIED STAKEHOLDERS IN NYABIHU DISTRICT ...... 48 2.5. Eligibility Criteria for Resettlement ...... 49 2.5.1. Cut-off Date ...... 50 GENDER MONITORING OFFICE /IOSC ...... 66 3. PROJECT DESCRIPTION ...... 68 3.1 PROJECT LOCATION ...... 68

3.2 OBJECTIVES OF THE PROJECT ...... 68 3.3 PROJECT DETAILS ...... 69 3.3.1 Roads Status in the project area ...... 70 3.3.2 Brief Description on selected feeder roads ...... 71 3.3.3 Sectors crossed by the selected feeder roads in Nyabihu District ...... 75 3.3.4 Feeder Road Design Standards ...... 76 4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE ...... 77 4.1. Socio economic baseline of the District ...... 77 4.1.1. Demographics ...... 77 4.1.2 Location of first priority feeder roads ...... 78 4.1.3 Socio-economic Conditions of the District ...... 79 4.2 Population within the Right of Way ...... 81 4.3 Socio-economic profile of PAPs within right of way ...... 82 4.3.1 Sex of Respondents ...... 83 4.3.2 Age structure of the of the surveyed household ...... 83 4.3.3 Education of Respondents ...... 84 4.3.4 Family Size of the Household of respondents ...... 85 4.3.5 Marital status of respondents ...... 85 4.3.6 Employment status of PAP ...... 86 4.3.7 Vulnerability of PAPs ...... 86 4.3.8 Livestock in the surveyed household ...... 87 4.3.9 Economic Activity and Source of Income ...... 87 4.3.10 Housing conditions of the PAPS ...... 88 4.3.11 House Conveniences and their Conditions ...... 88 4.3.12 Access to basic infrastructures ...... 91 4.4 RESETTLEMENT IMPLICATIONS ...... 92 4.4.1 Loss of Houses ...... 92 4.4.2 Loss of Land ...... 92 4.4.3 Loss of other structures ...... 94 4.4.4 Loss of trees and crops ...... 95 4.4.5 Summary of Losses ...... 96 4.5 IMPACT ANALYSIS ...... 97 4.5.1 Potential positive impacts ...... 100 4.5.1.1 Employment opportunities ...... 100

4.5.1.2 Business Opportunities and increase of Income ...... 100 4.5.1.3 Improved health and Education ...... 101 4.5.2 Potential Adverse Negative impacts ...... 101 4.5.2.1 Loss of land, crops and structures ...... 101 4.5.2.2 Pressure on local services/resources and Population Changes ...... 101 4.6 PUBLIC CONSULTATIONS AND PARTICIPATION ...... 103 4.6.1 Stakeholders ...... 105 4.6.2 Public Participation – Methods and Process ...... 106 4.6.3 Findings from Public Consultation Meetings ...... 106 5. RESETTLEMENT AND COMPENSATION STRATEGY ...... 114 5.1. Institutional implementation arrangements ...... 114 5.2. Criteria for expropriation and compensation ...... 116 5.3. Valuation and Compensation ...... 117 5.4. Complaints Procedure ...... 124 5.4.1 Grievance Redress Mechanisms ...... 125 5.5 Monitoring and Evaluation ...... 132 5.6 Community Involvement ...... 137 5.7 Approval and Disclosure of Resettlement Action Plan (RAP)...... 138 5.8 Budgets for RAP ...... 138 ANNEXES ...... 142

List of Tables

Figure 1: Map of Nyabihu Feeder Roads ...... 19 Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations ...... 40 Table 2: Implementing Institutions and their Responsibility ...... 46 Table 3: Key District’s stakeholders for Feeder Road Development Project ...... 48 Table 4: Entitlement Matrix ...... 51 Figure 2: Organisation Structure for Resettlement Implementation ...... 67 Table 5: Selected feeder roads as first priority in Nyabihu District ...... 75 Table 6: Sectors crossed by the selected priority feeder roads in Nyabihu District 75 Table 7: Length and Width Planned for selected feeder roads ...... 76 Table 8: Population in Nyabihu District ...... 78 Table 9: Sectors and Cells crossed by first priority roads ...... 78 Table 10: Households per selected roads...... 81 Table 11: Sex of PAPs in the household surveyed ...... 83 Table 12: Age of the PAPs of household surveyed ...... 84 Table 13: Level of Education of respondents ...... 84 Table 14: Family Size of the Households ...... 85 Table 15: Marital Status of Respondents in Household Surveyed...... 85 Table 16: Employment Status of PAPs ...... 86 Table 17: Vulnerability in the PAPs ...... 87 Table 18: Number of Livestock in the Family ...... 87 Table 19: Economic Activity and Source of Income among the PAPs ...... 88 Table 20: Housing Conditions ...... 89 Table 21: Conveniences in the Surveyed Household and their Conditions ...... 90 Table 22: Number of schools, health centres, churches and public offices by road . 91 Table 23: Details of House on Road Side ...... 92 Table 24: Land use change ...... 93 Table 25: Land use change for the PAP’s land only ...... 94 Table 26: Loss of other structures ...... 95 Table 27: Loss of crops and trees ...... 95 Table 28: Summary of Losses ...... 96 Table 29: Impact Analysis ...... 98 Table 30: Cells of Public Consultation ...... 105 Table 31: Authorities Consulted in Nyabihu District ...... 107 9

Table 32: Details about consulted cooperative leaders ...... 109 Table 33: Details about consulted church leaders ...... 110 Table 34: Summary of Feeder Roads’ Public Consultation in Nyabihu District .... 112 Table 35: Actions provided for livelihood restoration of the vulnerable PAPs ...... 121 Table 36: Resettlement measures to be applied to each type of losses ...... 122 Figure 3: The Grievance redresses Mechanism Organogram ...... 129 Table 37: Resettlement and Compensation Monitoring Programme ...... 135 Table 38: Tree Compensation Budget ...... 140 Table 39: Estimated Cost/Budget for the implementation of RAP ...... 141

List of Figures Figure 1: Map of Nyabihu Feeder Roads ...... 19 Figure 2: Organisation Structure for Resettlement Implementation ...... 67 Figure 3: The Grievance redresses Mechanism organogram ...... 129

ABBREVIATIONS

OSC : One Stop Center EDPRS : Economic Development and Poverty Reduction Strategy EIA : Environmental Impact Assessment ESIA : Environmental and Social Impact Assessment ESMP : Environmental and Social Management Plan FS : Feasibility Studies GMO : Gender Monitoring Office GOR : Government of Rwanda IL : Impact Level MINAGRI : Ministry of Agriculture and Animal Resources MoE : Ministry of Environment NGOs : Non-Governmental Organizations NR : National Road OP : Operation Policy PAPs : Project Affected Persons RAP : Resettlement Action Plan RDB : Rwanda Development Board RTDA : Road Transport Development Agency REMA : Rwanda Environment Management Authority RFRDP : Rwanda Feeder Roads Development Project RLMUA : Rwanda Land Management and Use Authority RoW : Right of Way Sq. mi : Square mile ToR : Terms of Reference WB : World Bank WHO : World Health Organization

IOSC : Isange One Stop Center

DDP : District Development Plan

Definition of Terms

Census: A field survey carried out to identify and determine the number of Project-Affected Persons (PAPs), their assets, and potential impacts; in accordance with the procedures satisfactory to the relevant Government authorities, and the World Bank Safeguard Policies. Community: A group of individuals broader than the household, who identify themselves as a common unit due to recognized social, religious, economic or traditional government ties, or through a shared locality. Compensation: The payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. Complete Structures: Buildings, including houses and institutional structures, which have enclosed walls, roofs and leveled earth or concrete floors. Cut-off date: Is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.

Displacement Assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, shelter, and services that are provided to affected people during their move. Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) which results from the construction or operation of a project or its associated facilities. Economically-Displaced Households: Households whose livelihoods are impacted by the Project, which can include both resident households and people living outside the Project Area but having land, crops, businesses or various usage rights there. 12

Eligible Crops: Crops planted within the Project Area by Project-Affected People before the Entitlement Cut-Off Date and that are eligible for compensation in accordance with this RAP. Eligible Land: The land (cropped and fallow, agricultural and communal) within the Project Area that is affected by the Project. Eligible Structures: The buildings and structures constructed within the Project Area before the Entitlement Cut-Off Date and that are eligible for compensation in accordance with this RAP. Entitlements: The benefits set out in the RAP, including: financial compensation; the right to participate in livelihood restoration programs; and, transport and other short-term assistance required to resettle or relocate. Farmer: A person who has acquired the right to use a piece of land for farming activities, either for cash generation or home consumption, and is engaged in such activities at the time of the Entitlement Cut-Off Date. Household: A person, or group of persons living together, in an individual house or Compound, who share cooking and eating facilities, and form a basic socio- economic and decision-making unit. Incomplete Structures: Buildings and structures missing any major construction elements such as walls, roofs, rammed earth or concrete floors, doors, and/or window openings. Institutional Structures and Infrastructure: Buildings, structures and facilities for public, government and religious use, such as schools and churches, within the Project Area, and being used for the purpose for which they were established at the Entitlement Cut-Off Date. Involuntary resettlement: The involuntary taking of land resulting in direct or indirect economic and social impacts caused by: - loss of benefits from use of such land; - relocation or loss of shelter; - loss of assets or access to assets; or - loss of income sources or means of livelihood, whether or not the project- affected person has moved to another location.

Involuntary land acquisition: The taking of land by the government or other government agencies for compensation, for the purposes of a public project/interest against the will of the landowner. Land: Refers to agricultural and/or non-agricultural land whether temporary or permanent, and which may be required for the Project. Landowner: Is a person who has lawful possession over a piece of land. The Landowner may or may not own structures and crops on the land. Land acquisition: The taking of or alienation of land, buildings or other assets thereon for purposes of a Project under eminent domain. Livelihood Programs: Programs intended to replace or restore quality of life indicators (education, health, nutrition, water and sanitation, income) and maintain or improve economic security for Project-Affected People through provision of economic and income-generating opportunities, which may include activities such as training, agricultural production and processing and small and medium enterprises. Non-resident Household: A household (or individual) that has an asset in the Project Area, which existed on or before the Entitlement Cut-off Date, but who resides outside the Project Area. Occupied Structures: These are structures that have signs of regular and sustained human occupancy, for a period prior to the Entitlement Cut-Off Date. Physical Displacement: Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location. Physically-displaced Household: Households who normally live in the Project Area and who will lose access to shelter and assets resulting from the acquisition of land associated with the Project that requires them to move to another location. Project-affected Household (PAHs): All members of a household, whether related or not, operating as a single socio-economic and decision-making unit, who are affected by a project. Project affected Persons (PAPs): means persons who, for reasons of the involuntary taking of their land and other assets under the project, result in direct

economic and or social adverse impacts, regardless of whether or not said PAPs physically relocate. These people may have their: - Standard of living adversely affected, whether or not the PAP must move to another location; - Right, title, investment in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset temporarily or permanently possessed or adversely affected; - Access to productive assets temporarily or permanently adversely affected; or business, occupation, work or place of residence or habitat adversely affected. Public consultation, or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, transparency and public involvement in large-scale projects or laws and policies Relocation: A process through which physically displaced households are provided with a one-time lump sum compensation payment for their existing residential structures and move from the Project Area. Replacement Cost: The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures, “replacement costs” may be defined as follows: Resettlement Action Plan (RAP): Also known as a Resettlement and Compensation Plan, a resettlement instrument (document) prepared when subproject locations are identified and involves land acquisition which leads to or involves the physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the project owners (managers or their appointed representative) impacting on the PAPs and their livelihoods and contain specific and legally binding requirements for compensation of the PAPs before the implementation of such project activities.

Replacement cost: The replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related disturbance and transaction costs. In terms of land, this may be categorized as follows: - Replacement cost for agricultural land: The pre-project or pre- displacement, whichever is higher, value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of:  preparing the land to levels similar to those of the affected land;  any registration, transfer taxes and other associated fees. Right-of-Way: is an easement granted or reserved over the land for transportation purposes; this can be transport related, as well as electrical transmission lines, or oil and gas pipelines. The right-of-way is reserved for the purposes of maintenance, expansion or protection of services, and may also impose restrictions on certain other use rights. Socio-economic Survey: A detailed socio-economic survey of all households within the Project Area, recording detailed demographic and socio-economic data at the household and individual level. Stakeholders: Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Tenant: A person who lives in a structure belonging to another, regardless of whether they pay rent or not. Vulnerable Persons: Socially and economically disadvantaged groups of persons such as widows, the disabled, households headed by orphans, elderly persons or household heads who are likely to be more affected by project implementation or are likely to be generally constrained to access or seek out their entitlements promptly.

INTRODUCTION

1.1. BACKGROUND The Government of Rwanda (GoR) in partnership with its development partners- initiated Rwanda Feeder Roads Development Project (FRDP) implemented under the coordination of RTDA. The Ministry of Finance and Economic Planning (MINECOFIN), by a letter to the World Bank dated October 10, 2017, requested restructuring of the parent Feeder Road Development Project in line with changes to the institutional framework for road management. Rwanda Transport Development Agency is the implementing agency of the feeder roads and has the responsibility of implementation, management and monitoring of all feeder roads programs. RTDA is coordinating the feeder roads steering committee; The FRDP activities shifted to RTDA. MININFRA and MINAGRI will co-chair the feeder roads program steering committee; The project received financing from the International Development Agency (IDA) / World Bank to rehabilitate, upgrade and maintain 270 km of selected feeder roads in Rwamagana, Gisagara, Karongi and Nyamasheke Districts. The GoR also applied for additional funding for the rehabilitation of 1200 km from which 450 km have been selected for rehabilitation/ upgrading in the six districts, namely Gatsibo, Nyagatare, Nyabihu, Gakenke, Rutsiro and Nyabihu Districts.

MINAGRI through FRDP prepared the feasibility report for 200.7 km of 17 indicative feeder roads in the district of Nyabihu. The first 6 priority roads cover a total of 93km. The major activities associated with the selected feeder roads in Nyabihu District include rehabilitation/upgrading of carriageway pavement with a standardized width, bridges and drainage work as well as maintenance of rehabilitated infrastructures. The requirements of construction materials have been identified along with the quarry and borrow area sites.

In March 2017 a RAP for Nyabihu feeder roads project was prepared and the project activities were to affect more than 546 people. Updating the RAP was deemed necessary due to the following reasons: (a) The initial RAP was prepared based on the feasibility study that was conducted in February 2017, with the new works contracting approach of Design, Build and Maintain(DBM), contractors were required to make a detailed design indicating the final road alignment with the exact ROW and therefore updating the Resettlement Action Plan was required to have exact figures of affected

PAPs and their respective assets to be affected in regards to the approved detailed design. (b) It was agreed between the World Bank and RTDA to update the RAP considering the final road design.

Rwanda, the World's 149th largest country, has an area of 26,338 square kilometres (10,169 sq. mi). Rwanda has four provinces (East, West, North and South) and Kigali city. Rwanda’s Vision 2020 and its medium-term development strategy National Strategy Transformation (NST1) seeks to encourage a market-oriented production and to encourage diversification to non-traditional crops of high potential for exports, as well as food security and import substitution. This is to be accomplished by investing in rural infrastructure and increasing agricultural productivity. This strategy identifies improving District roads as a catalyst for rural development. Further, agricultural initiatives stress the need to develop agricultural marketing roads to reduce both postharvest loss and the price of delivering agricultural inputs in the project areas.

The Government of Rwanda (GoR) through a Multi Donor Trust Fund (MDTF) managed by the World Bank Group has received additional resources for the Rwanda Feeder Roads Development Project (FRDP). To implement this project, the GoR through Rwanda Transport Development Agency (RTDA), contracted with JV CSC&EC (PROPRIETARY) and FAIR CONSTRUCTION Ltd for Lot 1 & 3 and JV CHINA ROAD & BRIDGE CORPORATION (CRBC) and NPD LTD for Lot 2 to update the Resettlement Action Plan (RAP) of six (6) selected feeder roads in Nyabihu district.

South: Ngororero & Rutsiro distrct, East: Gakenke & Musanze district, West: Rubavu district. Nyabihu district has the average size of the household of 4.6 persons, which is below national average household size 4.8. The population of Nyabihu District is 295,580 of which 157,536 are female and 138,004 are male. 50% of this population is below 25 years. More than a half (53%) of the population is composed of female individuals and the majority of the population is young.

Females out number males in Nyabihu District with 112 females per every 100 males which are slightly above that of the national average of 111 females per 100 males. Nyabihu District has the average size of the household of 5 persons, which is above the national average household size (4.8). This average is made up of HH headed by male (with 5.4 persons) and HH headed by female (with 3.9 persons)1.

Figure 1: Map of Nyabihu Feeder Roads

In Nyabihu District, the entire feeder roads network linking agriculture farms to markets is in poor condition. Thus, the implementation of FRDP will certainly

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improve the consumer access to safe and affordable food and enhance producers’ access to markets, especially in areas with high agricultural potential through improvement of feeder roads.

1.2. RESETTLEMENT ACTION PLAN OBJECTIVES The main objective of the present assignment is to update the Resettlement Action Plan (RAP) within the project sites to ensure that the feeder road rehabilitation is implemented in a socially sustainable manner and in full compliance with Rwanda’s and the World Bank’s environmental and social policies and regulations.

Referring to the scope of this study, the specific objectives of this RAP are articulated as follows:

 To provide a baseline with regard to the socio-economic conditions of PAPs after field investigation;  To identify the national and international legal framework to abide with as well as the institutional arrangements;

 To raise awareness of the project and its consequences among the public in general and these who will be directly affected by the project activities.

 To assess the potential impacts and their mitigation mechanisms;  To conduct public consultations with PAPs and other project Stakeholders.  To bring reports in the format and level so that these are meeting guidelines, policies and regulation of Government of Rwanda (GoR) and the operation policies and safeguards measures of the World Bank (WB)  To estimate the cost necessary for compensation, resettlement and land acquisition.  To provide the implementing framework including the Grievance Redress Mechanism and Monitoring and Evaluation 1.3. APPROACH AND METHODOLOGY

The approach and methodology are based on the requirements of the Terms of References (ToR) and accordingly considered the objectives, purposes and the scope of the study.

- Analyzing secondary data information contained in official First of all the reports; The contractor conducted a desk review whereby he went through the existing reports on feeder roads in Nyabihu. - Conducting surveys on the socio-economic status of the project affected persons alongside the road. A social economic structured questionnaire was used to collect the data required on socio-economic status of the PAPs in Nyabihu district. In addition, the contractor reviewed the existing national policies and legal instruments governing the resettlement compared to the Word Bank standards and requirements.

After completing the desk review, the contractor conducted field visit in October and November 2019. During field visits, the contractor was able to identify the actual number of people likely to be affected due to project implantation activities, number of properties to be affected per each feeder road as well as other facilities likely to be affected.

Further the contractor has considered the requirements of regulations and standards. Through public consultations in the period of October to November 2019, participation of stakeholders has also been taken into consideration in formulating the approach and methodology for the study. It is proposed to integrate the existing and proposed social safeguards measures in the overall planning.

The study is conducted in such a manner and procedure that it fulfills the requirements of the GoR, and the World Bank’s social appraisal procedures. The Contractor apart from following standard social impact assessment practices and procedures also deployed advanced technologies, techniques and tools to the extent that these are applicable and relevant to this project. A questionnaire was developed to collect and compile the data. Based on the questionnaire the socio-

economic profile of the effected people has been studied, analyzed, verified and quantified.

1.4. FORMAT OF THE REPORT

This report has been prepared and updated taking into consideration the legal requirements in the country and the World Bank OP 4.12. This report on Resettlement Action Plan (RAP) has following sections: Apart from the Executive Summary, the main sections of this report are: Chapter1 which provides a general background, objectives and scope of the study and an outline on the approach and methodology adopted for the study. - Chapter 2 is a concise document on the policy and strategies; legal instruments, institutional arrangement and international framework under which the project will be developed. - Chapter 3 is on the Project Description, which briefly describes the project. - Chapter 4 describes the project affected persons and social conditions in sufficient detail to enable an adequate assessment of the potential social impacts. - Chapter 5 proposes the resettlement action plan implementation framework, appropriate resettlement management plans along with public consultation, cost of management and monitoring program. -. The literature, books, reports and maps referred are presented as foot note in the main body of the report. At the end, the report has annexes that are reported in the main body of the report.

2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

This section describes the policies, laws and regulations relevant to the resettlement activities related to the construction of Nyabihu feeder roads. It provides an overview of the Rwandan Land Policy; the provisions in the Rwandan Constitution regarding land use planning, management and tenure; the Organic Land Law; Presidential and Ministerial orders and decrees related to land expropriation, land valuation and land replacement. In addition, international guidelines for resettlement have been involved and these include World Bank Social Safeguards Policies (Involuntary Resettlement (OP/BP 4.12) and World Bank Policy on indigenous people (OP.4.10))

2.1.National Policies

This chapter describes the relevant policies and strategies, legal instruments, institutional arrangement and international framework applicable to rehabilitation and /or construction of feeder road in different districts of Rwanda. The awareness of social issues started as early as in 1920. The social initiatives were also supported by vast campaigns for soil conservation from 1947. In 1977 action program of human settlement (1977), stockbreeding (1978), soil protection and conservation (1980), water supply in rural areas (1981), erosion control (1982) and reforestation (1983) were launched. The national environment strategy was prepared in 1988-1989, and the strategy was adopted by Cabinet in May 1991 with a view to keep a balance between population and natural resources. The aims of this strategy are as follows:

 To enable the country to strike a dynamic balance between population and resources while complying with the balance of ecosystems;  To contribute to sustainable and harmonious socio-economic development such that, both in rural and urban areas, men and women may realize their development and well-being in a sound and enjoyable environment; and to protect, conserve and develop natural environment.

2.1.1. National Land Policy 2019

The policy provides for land tenure systems, guiding principles of land management, an effective & efficient land registry, and land transactions. In order to achieve the objective of the Land Policy, a number of organic laws, decrees and orders have been and are still being prepared and promulgated to facilitate the implementation of the Rwandan Land Policy. The land in Rwanda is titled to individuals that clearly indicates the full ownership of land and in any case of Government program or projects, the government is obliged to full expropriation and compensation of the affected land in accordance with the national expropriation law (Article 26 of the Expropriation Law N° 32/2015 of 11/06/2015) and the World Bank requirements under OP 4:12.

In Rwanda there is no customary ownership of land, every land owner has a land title provided by the Rwanda land management and use authority. For this project all affected land owners have land tittles and will be fully compensated for their affected land.

Land tenure is governed by formal written law (basic and supplementary provisions), but many provisions still obey the rules and practices of customary law. Therefore, if the law takes precedence over formal customs, there is always a certain legal duality that characterizes the property rights of individuals.

Rwandan Constitution of 2003, the National Land Policy of 2004 and the Organic Land Law of 2005 all incorporated land ownership and gave it a formal legal basis. The Land Tenure Regularization (LTR) programme was established to register and administer land ownership in Rwanda. The titling began officially in 2009. The land registration process successfully completed the recording of 10.4 million parcels of land into the national land registry by 2012. The land titles provide for full equal rights to both wife and husband, through the systematic land registration process. Article 20 of the law governing land in Rwanda which was enacted in June 2013 states that registering land is mandatory for anyone (who owns it).

In any case of Government program or projects, the government is obliged to full expropriation and compensation of the affected land in accordance with the national expropriation law (Article 26 of the Expropriation Law N° 32/2015 of 11/06/2015) and the World Bank requirements under OP 4:12.

In Rwanda there is no customary ownership of land, every land owner has a land title provided by the Rwanda land management and use authority (RLMA). For this particular project all affected land owners have land tittles and will be fully compensated for their affected land. More details have been captured in the RAP report under National Land Policy, 2019.

2.1.2. National Strategy for Transformation (NST1/2017-2024)

The National strategy for transformation (NST1/2017-2024) which is 7 Government Programme, takes environment and climate change as one of the cross cutting areas which will be embedded within Sector Strategic Plans and District Development Strategies.

In the area of environment and climate change, Rwanda has made significant progress in environment and climate change mainstreaming, as reported in State of Environment Reports (SEORs, 2009 and 2015). The environment is protected by relevant environmental laws and regulations that are captured under the Environmental Organic Law of 2005, as revised to date, and Climate Change has been addressed and informed by cross sectoral strategies, including the Green Growth and Climate Resilient Strategy (GGCRS) and the Nationally Determined Contributions (NDCs) for climate change mitigation and adaptation.

In this regard, focus will be on improving cross sectoral coordination to ensure smooth implementation of environmental policies and regulations. In this regard, critical sectors identified for strengthening include: agriculture, urbanization, infrastructure and land use management. Additional emphasis will be put on strengthening monitoring and evaluation. High impact areas selected include implementation of: Environmental and social Impact Assessments, biodiversity and ecosystem management, pollution and waste management.

2.1.3. Land Tenure System and Provisions in Rwanda

The Land Use Master Plan (Land law No 08/2005 of 14/07/2005, article 6) states that all types of land tenure must be in compliance with the designated land use. The Land Law provides two types of formal land tenure: full ownership/ freehold and long-term leasehold. As a result of the recent privatization of State owned lands, many land users don’t hold either type of land tenure. As a result of this, the Organic Land Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. Article 7 of the law formalizes land ownership, especially those acquired through customary means. In such cases, populations with customary/indigenous land rights are being encouraged to register their land through decentralized the District Land Bureau, Sector Land Committees and Cell Land Committees. The land in Rwanda is titled to individuals that clearly indicates the full ownership of land and in any case of Government program or projects, the government is obliged to full expropriation and compensation of the affected land in accordance with the national expropriation law (Article 26 of the Expropriation Law N° 32/2015 of 11/06/2015) and the World Bank requirements under OP 4:12. In Rwanda there is no customary ownership of land, every land owner has a land title provided by the Rwanda land management and use authority. For this project all affected land owners have land tittles and will be fully compensated for their affected land. Land tenure is governed by formal written law (basic and supplementary provisions), but many provisions still obey the rules and practices of customary law. Therefore, if the law takes precedence over formal customs, there is always a certain legal duality that characterizes the property rights of individuals.

2.1.4. Transport Policy

The transport policy (TP) was approved in December 2008. This policy considers the action plan of the Sub-Saharan Africa Transport Policy and cross-cutting issues such as HIV/AIDS, gender mainstreaming, socio-economic and environment. The main objective is to reduce down constraints of transport in 26

order to promote sustainable economic growth and contribute to poverty reduction. The policy also advocates the reduction in transport costs, develop transport infrastructure, increase mobility and supplying of services and allow the entire population to improve their standard of living.

2.1.5. The National Gender Policy, 2010

The Vision of the National Gender Policy is to set the Rwandan society free from all forms of gender-based discrimination and see both men and women participate fully and enjoy equitably from the development processes.

The main mission of this policy is to contribute to the elimination of gender inequalities in all sectors of national life, in order to achieve the nation’s goal for sustainable development. The Resettlement activities will involve and affect both men and women in terms of loss of property and both genders are expected to be treated equally thus this policy will be relevant.

2.1.6. The National Human Settlement Policy, 2009

The resettlement policy involves finding adequate housing for a category of households which are homeless, often poor and vulnerable (widows, orphans, persons with disability etc.) and bringing all the houses in the villages (imidugudu) to an acceptable level in terms of housing and access to social and economic services.

The National Human Settlement Policy was adopted in July 2004 and revised in 2009 and is in line with the major national policies included in the vision 2020 and in the national strategic paper for poverty reduction and takes into consideration the decentralization policy openly implemented since 2001.

Nyabihu district feeder roads project is expected to physically displace 285 households and these will be required to relocate to approved settlement sites in the district therefore this policy will be triggered.

2.1.7. National Social Protection Strategy, 2011

In 2006, almost 57 per cent of the population in Rwanda still lived in poverty, while levels of inequality were on the rise. A number of categories of the population are particularly vulnerable to poverty including older people, those living with disabilities, young children, female-headed households, genocide survivors, youth and the historically marginalised.

The Strategy defines social protection across two main dimensions:

 As a Social Protection Sector, which essentially comprises the system of regular and predicable cash transfers that will provide income support to those living in poverty and vulnerable to falling into poverty;

 As a means of ensuring access to other public services – such as health and education – by enabling poor households to overcome the financial barriers that they may face.

In addition, the Strategy sets out a number of social development initiatives and complementary activities to social protection focused on helping poor households graduate out of poverty.

The rehabilitation, upgrading and multiyear maintenance of the six (6) selected feeder roads in Nyabihu will affect different categories of the vulnerable groups. The strategy will help to provide special assistance to these groups using the already existing mechanisms.

2.1.8. National policy on child labor

The rationale for eliminating child labor child labor, especially in its worst forms, harms the health and development of children. As a signatory to the ILO Conventions on elimination of all forms of child labor, the Government of Rwanda is committed to strengthening its efforts to eliminate child labour, including the requirement under Convention n° 138 of developing a national policy to eliminate child labor Law n° 13/2009 of 27/05/2009 regulating labor in Rwanda which 28

prohibits employment for children under the age of 16. On this project it is clear that contractors are not allowed to employ people under the working age and its stated in their contract. In its The Government also aims at eliminating child labor as part of the larger effort to ensure the realization of children’s rights. The National Policy for Elimination of Child Labor should be a key tool, complimenting poverty reduction and other national development programs. The National Policy on the Elimination of Child labor is supported by a larger policy framework for child protection and National economic/social development. Key components of this framework include the Vision 2020, the Economic Development and Poverty Reduction Strategy (EDPRS), and other sector policies related to education, employment, and protection of Orphans and Vulnerable Children (OVC).

2.2.NATIONAL LAWS

A significant number of legal instruments have been enacted to ensure and effective resettlement, land acquisition, and compensation in the context of rehabilitation and /or construction of feeder road in different districts of Rwanda. As far as land is concerned, the policies are prepared by the Ministry of Environment ( MoE). The Rwanda Land Management and Use Authority (RLMUA), the Rwanda Water and Forestry Authority (RWFA), the Rwanda Mines, Petroleum and Gas Board (RMB) are the authorities that lead the management of promotion of natural resources which is composed of land, water, forests, mines and geology. It shall be entrusted with supervision, monitoring and to ensure the implementation of issues relating to the promotion and protection of natural resources.

2.2.1 Important Resettlement Legislations

The land which is not protected in protected areas (Wetland and National Parks) is recognized as private land both customary and legally. The Expropriation law N° 32/2015 of 11/06/2015 on expropriation outlines rights and compensation procedures for land expropriated for public interest. The valuation Law (2007)

stipulates valuation methods to be applied to the expropriated assets. The following laws are important for rehabilitation and resettlement, land acquisition and compensation:  The Rwandan Constitution promulgated in 2015;  Land Law no N° 43/2013 of 16/06/2013 governing land in Rwanda gazetted in the Official Gazette no Special of 16/06/2013 was promulgated to determine the procedure for use and management of land in Rwanda Property.  Valuation Law no 17/2010; establishing and organizing the Real Property Valuation in Rwanda;  Law N° 32/2015 of 11/06/2015 relating to expropriation in the public interest, promulgated in the Official Gazette nᵒ 35 of 31/08/2015;  Ministerial Order No. 002/2008 of 2008 Determining Modalities of Land Registration:

The above legal orders are briefly described as follows: i) Rwandan Constitution 2003 revised in 2015: The Constitution of Rwanda, Article 11 stipulates that all Rwandans are born and remain free and equal in rights and duties. Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by law and this project will have affected persons equally.

Rwandan Constitution recognizes that every person has a right to private property whether personal or owned in association with others (Article 29). The private property, whether individually or collectively owned is inviolable. The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation.

Under Article 30, it is stipulated that private ownership of land and other rights related to land are granted by the State. The law specifies the

modalities of acquisition, transfer and use of land.

Exceptionally, the right to property may be overruled in the case of public interest. In these cases, circumstances and procedures are determined by the law and subject to fair and prior compensation (Article 29). Laws on property are also found in various legal texts of Rwanda. Eligibility for compensation is also enshrined under the Rwandan constitution and the Expropriation Law.

The property of the State comprises of public and private property of the central Government as well as the public and private property of decentralized local government organs (Article 31). The public property of the State is inalienable unless there has been prior transfer thereof to the private property of the State. ii) Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazetted in the Official Gazette No Special of 16/06/2013 determining the use and management of land in Rwanda: This law determines the use and management of land in Rwanda. It also institutes the principles that are to be respected on land legal rights accepted on any land in the country as well as all other appendages whether natural or artificial. According to the Law, Land in Rwanda is categorized into two: Individual land and Public land. The latter is subdivided into two categories: the state land in public domain and the state land in private domain. State land in public domain includes national land reserved for environment conservation; land over which administration building are erected, state roads, land containing lakes, rivers, stream and springs. State land in private domain include swamps that may be productive in terms of agriculture, vacant land with no owner, land purchased by the State, donation, land acquired through expropriation and land occupied by state owned forests. Land in Rwanda is predominantly individual land. The law gives the owner of land full rights to exploit his or her land in accordance with the existing laws and regulations. The law also provides for expropriation, which stipulates that land expropriation can be undertaken if it’s for public interest. The law states that swamp land belongs 31

to the state and no person can use the reason that he or she has spent a long time with it to justify the definitive takeover of the land. iii) Law N°55/2011 of 14/12/2011 governing Roads in Rwanda: This law provides classification of roads and defines responsibilities, management, financing and road development. In the context of this project, feeder roads fall under the District responsibility. The article 17 of this law stipulates that the widening of a road shall be done after expropriation of the people near the road in accordance with the law to secure the land needed. iv) Law N° 32/2015 of 11/06/2015 relating to expropriation in the public interest: The Law determines the procedures relating to expropriation in the public interest. Expropriation is the taking of private property in the public interest aimed at development, social welfare, security and/or territorial integrity. An expropriator is a government organ with responsibilities and powers conferred by law to carry out expropriation in public interest. An Act of public interest is defined as an Act of Government, public institution, non- governmental organization, legally accepted associations operating in Rwanda or an individual with a public interest aim. According to Article 5, acts of public interest include water dams, electric lines, basic infrastructure and any other activities aimed at public interest which are not indicated on this list but are approved by an Order of the Minister in charge of expropriation at his own initiative or upon request by other concerned persons. Article 3: Stipulates that expropriation can only be carried out by Government and only in the public interest and with prior and just compensation. Underground or surface activity may be carried out with a public interest aim, on land belonging to a person. No landowner is permitted to oppose such activity. In the event that the activity causes any loss to the land owner, he shall receive just compensation for it.Article 4 of the law provides that a project whose implementation shall entail expropriation is required to make financial provision for the expropriation process in terms of funds for inventory of assets of the person whose property is to be

expropriated; and for just compensation on its budget. Compensation is only payable to persons who have a legally recognized interest in the real property in issue.

Article 17: Stipulates that a person to be expropriated shall be informed of the beginning of the process of the land survey and the inventory of the properties thereon. Land survey and inventory activities shall be carried out in presence of the beneficiary or representatives as well the representatives of the local administrative entities. The owner of the land is not allowed to carry out any activities after the land survey and the inventory of the properties thereon and coming to terms with the beneficiaries. In case he or she carries out any activities, they shall not be valued in the process of expropriation. In case the owner of the activity who was informed through procedures provided by this law does not appear, a report shall be made and signed by the representatives of the local administrative entities as well as those who conducted the survey and the inventory.

According to Article 18: The person who owns land intended for public interest shall provide evidence to confirm that he or she possesses rights on that land and presents a certificate of acknowledgement of the members of his or her family. Among the evidence to confirm ownership of the land, there shall be included: written evidence indicating that he or she purchased the land, received it as a donation or as a legacy or a successor; a document or a statement of local administrative entities indicating rights of the expropriated person on the land; a document or testimony of the neighbours confirming the ownership of the land; or a Court certificate. The person who occupied reserved land after the publication of relevant laws shall not be entitled to any compensation.

According to Article 21: the properties to be valued for just compensation due to expropriation include land and activities that were carried out on the land including different crops, forests, any buildings or any other activity aimed at

efficient use of land or its productivity. The value of land and the activities thereon that belong to the person expropriated shall be calculated considering their size, nature and location and considering the prevailing market prices.

Article 23 provides that through agreement between the person to expropriate and the one to be expropriated, the just compensation may be monetary or an alternative land and a building equivalent to the determination of just monetary compensation. In order for the expropriation to be implemented, the just compensation shall be awarded to the expropriated person before he or she relocates.

Article 24: Stipulates that the just compensation approved by the Land Commission shall be paid within a period not exceeding one hundred and twenty (120) days from the day of approval of the just compensation. In case it exceeds that period, the expropriation shall be invalid except in case the person to expropriate and the one to be expropriated come to terms. Subsequent to receiving just compensation, the expropriated person has a period that does not exceed ninety (90) days, in order to relocate. At any time, the person to be expropriated is still waiting for payment, he or she has a right to cultivate crops within a period not exceeding ninety days (90) and harvest the crops still on his or her land. Forceful relocation is permitted where a person receives an award and refuses to relocate. Such relocation shall be undertaken by competent authorities. In case the expropriator does not pay the agreed just compensation on time as provided by article 24, he or she shall pay an annual interest on delays of 5% in addition to the just compensation agreed or awarded to the expropriated person. Such a period shall not exceed two (2) years.

According to Article 25, the amount for just compensation shall be deposited into the account of the person to be expropriated in a bank or any financial institution recognized by law and of his or her own choice in the country. In case the just compensation is to be paid to more than one person to be

expropriated, if they share the rights on that property as a family or as a legally married spouse, the amount shall be deposited on a joint account such that any person wishing to withdraw money from the account shall receive written permission from those with whom they share the account. In case the property of the person to be expropriated is mortgaged to the bank as a security, the amount for just compensation shall be deposited on the account which he or she agrees with the bank.

Under Article 26, it is provided that in case the person expropriated is not satisfied with the value determined for the land and the activities carried out thereon, the Land Commission at the level on which the issue is, shall request him or her in writing, to hire a legally accepted expert or the survey office as professionals in value verification for which he or she shall pay, in order to provide an alternative value. In case the alternative value is rejected by the commission that requested for it, the expropriated person shall appeal to the Land Commission at the immediate superior level within a period not exceeding fifteen (15) working days which shall also provide a decision in a period not exceeding thirty (30) days from the day of receipt of the appeal. In case the expropriated person is not satisfied with the decision of the Land Commission appealed to, he or she shall file the case with a competent Court. The value approved by the Land Commission at the immediate superior level shall be given to the expropriated person in order not to stop the activities while waiting for the court decision. v) Law Establishing and Organising the Real Property Valuation Profession in Rwanda, Law No.17/2010 of 12/05/2010; This law aids the law on expropriation in terms of undertaking valuation. Valuation of real property can only be done by a person certified as a Valuer under this law. A Valuer may use one or more of the valuation methods mentioned in order to determine the value of real property. The Valuer shall select the best valuation method to determine the fair market value of the real property. The methods used shall be clearly explained in the valuation report. Upon

approval by the Council for the Regulation of Real Property Valuation in Rwanda (established under this law) a Valuer may use any other relevant worldwide methods not provided in this Law in order to carry out the assigned work.

There has been establishment of an Institute of Real Property Valuers of Rwanda as a body corporate with autonomy. In order to be recognized as a real property valuer in Rwanda, a person must be a member of the Institute. A Council for the Regulation of the Real Property Valuation Professionals in Rwanda is established as a regulatory agency. The Institute proposes regulations, guidelines and standards for valuation while the function of approval lies with the Council. A register of real property Valuers is maintained by the Council who can enter or remove a real property Valuer from the register of certified Valuers.

A person dissatisfied with a real property valuation shall refer the matter to the Council for determination. The Council shall select other certified Valuers who shall decide other valuation methods to be used. If the dispute remains unsettled, it shall be submitted to a court of law for adjudication. As already indicated, valuation of property including land, crops, structures will have to be carried out before expropriation of the land required for this project. vi) Ministerial Order No. 002/2008 of 1/04/2008 Determining Modalities of Land Registration: Annex 3 of the ministerial order provides for dispute resolutions procedures and some provisions related to the cell adjudication committee (“CAC”). Articles 17, 20, 22, and 23 provide the process for resolving disputes. Article 17 grants parties to a dispute, the right to take that dispute to the mediation committee. That article also provides that where a dispute arose during demarcation and adjudication but, with the assistance of the CAC, the parties were able to resolve the dispute, the parties are bound by that agreement, and may not later attempt to raise the issue. Article 20 provides procedures for the cell adjudication committee when hearing

disputes, including that the hearing is open to the public and announced eight days in advance, among other requirements. Articles 22 and 23 govern the lodging and processing of objections and corrections during a 60-day period. The CAC is comprised of all five members of the cell land committee and five members of the particular village (umudugudu) where demarcation and adjudication is taking place. The cell executive secretary acts as the CAC secretary, although he or she has no voting rights. This order can be used to resolve resettlement conflict at the sub project area.

2.3.International Social Safeguard Policies

2.3.1. The World Bank Social Safeguard Policies

2.3.1.1. Involuntary Resettlement (OP/BP 4.12)

The World Bank Resettlement Policy Framework (OP 4.12 and BP 4.12) is usually applied for projects that require international financing thus this policy will be applicable to this project.

The World Bank policy 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 restoring their livelihoods and standards of living in real terms relative to pre- displacement levels or to levels prevailing prior to the beginning of project implement, whichever is higher.

The World Bank OP 4.12, Annex ‘A’ (Paragraphs 17-31), describes the scope (level of detail) and the elements that a resettlement plan should include. These include objectives, potential impacts, socio economic studies, legal and institutional framework, eligibility, valuation and compensation of losses, resettlement measures, relocation planning, community participation, and grievance redress procedures, implementation schedule, costs and budgets, and monitoring and evaluation.

WB OP 4.12. (6a) demands that the resettlement plan includes measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices among others and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs.

WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children and indigenous peoples and ethnic minorities.

WB OP4.12 (12a) states that payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable.

WB OP4.12 Para (6 b & c) state that in case of physical relocation, displaced persons should be (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.

WB OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement.

In addition, displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities.

WB OP4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising.

The objectives of this resettlement plan reflect the principals contained in the World Bank policy document: OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations involving involuntary taking of land and/or other assets. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Specifically, OP 4.12 states that project planning must avoid and minimize involuntary resettlement, and that if people lose their homes or livelihoods as a result of projects, they should have their standard of living improved, or at least restored. It promotes participation of displaced people in resettlement planning and implementation. The OP 4.12’s key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that implementers prepare adequate resettlement planning instruments prior to appraisal of proposed projects. A comparison of the World Bank Policy OP 4.12 and the laws, regulations and guidelines for land acquisition and resettlement of the Government of Rwanda (GoR) is available in Table 1. The comparison also includes which law will prevail during conflict.

Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations

Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Gap filling measures Valuation Valuation is covered by the OP 4.12 prefers Replacement cost method of adopt replacement cost Expropriation Law and the valuation of assets that helps determine the amount method of valuation Land Valuation Law and sufficient to replace lost assets and cover transaction stipulates that the affected costs. In applying this method of valuation, person receive fair and just depreciation of structures and assets should not be compensation. taken into account. If the residual of the asset being However, a ministerial order taken is not economically viable, compensation and gives the value of land and other resettlement assistance are provided as if the crops entire asset had been taken. Compensatio Article 22 of the expropriation OP 4.12 gives preference to land based resettlement Adopt OP 4.12 mode of n Law N° 32/2015 of strategies for displaced persons whose livelihoods compensation by giving 11/06/2015 entitles the are land-based as compared to monetary preference to land based landholder to compensation compensation resettlement as opposed to for the value of the land and monetary compensation activities on the basis of size, nature location considering the prevailing market value. Participation The Rwandan organic law on WB OP 4.12 requires that persons to be displaced Adopt OP 4.12 methods of and Expropriation simply should be actively consulted and should have participation consultation stipulates that affected peoples opportunity to participate in planning and design of be fully informed of resettlement programs, ” consultations need to be expropriation issues. The law meaningful and inclusive of all groups and gender also conflicts the very purpose of consultation and involvement by prohibit any opposition to the expropriation program if

considered to be under the pretext of self-centered justification which might not be the case Timeframe Rwanda expropriation law OP4.12 requires that displacement must not occur A cut- off date should be stipulates a timeframe upon before necessary measures for resettlement are in applied. when the property to be place, i.e., measures over and above simple OP 4.12 states that expropriated must be handed compensation. Measures pertaining to provision of displacement must not occur over which is 120 days after economic rehabilitation however can and often do before necessary measures for compensation has been paid. occur post displacement. resettlement are in place, i.e., WB OP 4.12 provides for a timeframe (cut-off date) measures over and above upon which interested parties are entitled to simple compensation. These respond include compensation and other measures required for relocation and preparation and provision of facilities of resettlement sites, where required. Where the borrower has offered to pay compensation to an affected person in accordance with an approved resettlement plan, but the offer has been rejected, the taking of land and related assets may only proceed if the borrower has deposited funds equal to the offered amount plus 10 percent in a secure form of escrow or other interest-bearing deposit 41

acceptable to the Bank, and has provided a means satisfactory to the Bank for resolving the dispute concerning said offer of compensation in a timely and equitable manner. Overall Section 2 of the expropriation Under the OP 4.12, it’s not necessary to prove that In terms of project’s fit in the strategy law on procedures, provides the project fits within the overall land master plan master plan of the area only for the process to show how the sub projects fits into the land master plan of the area in question Eligibility Article 26 of the law requires OP 4.12 criteria for eligibility include even those OP 4.12 will apply the person who owns land who do not have formal legal rights to land at the intended for expropriation to time the census begins but have a claim to such land provide evidence of or assets--provided that such claims are recognized ownership or rights on that under the laws of the country or become recognized land and presents a certificate through a process identified in the resettlement plan to that effect and also those who have no recognizable legal right or claim to the land they are occupying. The latter are only compensated for assets other than land. It also includes title holder land owners land According to the OP 4.12 requires and prefers resettlement of During consultation meeting acquisition expropriation law people displaced persons through provision of land for land with the beneficiaries and holding land titles have rights instead of cash compensation for land, when national laws compensation to full compensation livelihoods are land based. Displaced persons will be done through bank should be assisted in their efforts to improve their accounts before civil works livelihoods and standards of living or at least to restore them, in real terms, to pre‐displacement 42

levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Required Expropriation law does not OP 4.12 requires displaced persons to be consulted Use World Bank OP 4.12 Measures provide for alternatives when on, offered choices among, and provided with undertaking compensation technically and economically feasible resettlement alternatives. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Grievance The new Expropriation Law of OP 4.12 requires PAPs be informed of the Adopt Rwanda Expropriation redress 2015 creates the Resettlement compensation exercise and establishes Grievance Law which establishes the mechanisms and Grievance redress Redress Mechanisms GRM formed by District committee and provides (sector/cell) authority, PAP complaints procedures for representatives and Project individuals dissatisfied with safeguards, consultant and the proposed project or the contractors staff and the value of their compensation requirements of OP4.12 will and process for expressing also incorporated. dissatisfaction and for seeking redress. Disclosure of The decision provided for As a condition of appraisal of projects involving All project information and information under Article 15 of resettlement, the borrower provides the Bank with safeguards instruments will be expropriation Law shall be the relevant disclosed to all PAPs and announced on at least one of draft resettlement instrument which conforms to this stakeholders in an appropriate the radio stations with a wide policy, and makes it available at a place accessible to manner. audience in Rwanda and in at displaced persons and local NGOs, in a form, least one of Rwanda-based manner, and language that are understandable to 43

newspapers with a wide them. Once the Bank accepts this instrument as readership in order for the providing an adequate basis for project appraisal, relevant parties to be the Bank makes it available to the public through its informed thereof. If necessary, InfoShop. After the Bank has approved the final any other means of resettlement instrument, the Bank and the borrower communication shall be used disclose it again in the same manner Definition of the Rwandan expropriation the WB OP4.12 stipulates that those who have Improving the Rwandan law cut off dates law 2015 collides the formal legal rights and affected will get by providing guidelines the disclosure to the public compensation assistance for the project area they period beneficiaries should awareness occupy, and the Persons who encroach on the area stop further activities on the after the cut-off date are not entitled to proposed project areas for compensation or any other form of resettlement public interest assistance Treatment of every disabled venerable the World bank policy required particular attention Both national laws and WB vulnerable person shall be entitled to to be paid to the needs of vulnerable groups among policies to be adopted when it groups equal rights with other those displaced comes to vulnerable groups persons before the law, he or within the project intervention she shall be respected and be areas. entitled to human dignity(law 01/2007 of 20th/01/2007

The comparison is necessary in the implementation of this RAP But In case there is a conflict between the government of Rwanda and the World Bank operational policies the later will apply as per agreement and procurement law N°62/2018 OF 25/08/2018 governing public procurement in case this Law conflicts with provisions of a bilateral or multilateral treaty or other form of agreement related to public procurement to which the Government of Rwanda is a party, the provisions of those agreements prevail.

2.4. INSTITUTIONAL FRAMEWORK

A number of institutions will be involved in the overall implementation of this project, either by way of their mandate or because of the direct impact of the project on their areas of jurisdiction. These include: Ministry of Infrastructure (MININFRA), Ministry of Local Government (MINALOC), Ministry of Environment (MOE), Ministry of Finance and Economic Planning (MINECOFIN).

The resettlement and compensation strategy primarily include the identification of affected families and land asset inventory of the Project Affected Parties (PAPs). During this exercise, the activities will be the following: I) Notification to affected parties; ii) Agreement on compensation, including agreement and further development of rehabilitation measures; and iii) Preparation of contracts, compensation payments and provision of assistance in resettlement. A detailed of full resettlement action plan will be developed and be implemented under a certain institutional arrangement.

The implementation arrangements of the RAP build on:

 The arrangements for the overall program management is of Rwanda Transport Development Agency/ MININFRA,

 MININFRA will associate agencies at the National, District and Local levels for co-ordination; and

The main executing agency Rwanda Transport Development Agency will work in close coordination with Ministries and agencies at the National, Province, District and Local levels for co-ordination. An institutional matrix has been prepared in this RAP for the implementation of the Resettlement Action Plan as reported in Table 2.

Table 2: Implementing Institutions and their Responsibility

S/N Implementing Institution Responsibility 1 Rwanda Transport Overall Management of RAP and Development Authority coordination of the Project Implementation (RTDA)/MININFRA

2 MINECOFIN Guidance in accounting and Budget allocation to RTDA for compensation of PAPs’ assets

3 MININFRA and District - Identification of affected families and land asset inventory of the Project Affected People (PAPs); - Verification of PAPs - Compensation Agreements - Payments; - Monitoring and Evaluation

4 Ministry of Environment  Developing the policies and laws (MoE) relating to expropriation in the public interest  Approving independent land valuers

5 Rwanda Land Management  Mapping affected areas and their and Use Authority registration (RLMUA)  Providing technical assistance to the Project and the District in assets’ identification and valuation

6 Grievances Committee Grievances management 7 Grievances Committee and Dispute resolution Court

RAP Implementation Schedule

2020 2021

2020 2020 2021

Schedule of activities: 2021

2020 2020 2021

- -

2020

2020 - 2020 - -

- - -

2020

- -

Aug 2019 Aug 2019 Sept 2019 Oct 2019 Nov 2019 Dec 2020 Jan 2020 Feb 2020 Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2021 Jan 2021 Feb Mar Apr May 2021 June 2021 July Aug Public Consultation and Sensitization of PAPs on HIV,GBV,SEA among others Disclosure of RAP on RTDA websites Sensitization of PAPS on RAP through Information Disclosure Signing or fingerprinting approved fair compensation report by PAPS

Compensation of remaining km on Lot 1,2&3 Clearance of Road Reserve, and progress of works Grievance Management Livelihood restoration RAP monitoring RAP Completion and Audit (to be done at end of project cycle.) Review and Approval of final RAP by the Bank

During RAP implementation, RTDA/FRDP will play a key role in holding consultation meetings, approving the list of people to be affected by the feeder road project, disclosing RAP and compensation payments, following up the resettlement and compensation planning, implementation and monitoring. RTDA/FRDP has Engineers, Environmental and Social Specialists that look after engineering, environmental and social management issues for the main road contracts. At the local level, Nyabihu district authorities will play a critical role in supervising the feeder road project resettlement and compensation planning, implementation and monitoring. The key actors on the ground involved in implementation will be the individual project Resettlement and Compensation team members, which will comprise representatives from RTDA/FRDP and at Sector and Cell level. This Committee will coordinate the implementation of RAP as well as develop and implement consultation and grievance mechanisms via the District Mayor and the Project team.

2.4.1. IDENTIFIED STAKEHOLDERS IN NYABIHU DISTRICT The IFC’s Handbook on Stakeholder Engagement (2007) defines stakeholders as “persons or groups who are directly or indirectly affected by a project, as well as those who may have interests in a project and/or the ability to influence its outcome, either positively or negatively.”

In Nyabihu district the following stakeholders were identified:

Table 3: Key District’s stakeholders for Feeder Road Development Project

No Stakeholders Domain of intervention 1 Local Community Participation and complains raising for better implementation 2 District staffs Labour, Cooperatives, Agriculture, Gender, Infrastructures, Environment, Social and local authorities. 2 Rwanda National Police Road security and Safety

3 PSF Economic activities in the District 4 WASAC (Water and Sanitation Providing water and sanitation Corporation) services 5 District hospitals and health Health centers 6 Rwanda Investigation Bureau / Investigation and Gender Based Isange One stop Center Violence 7 RSSB – Nyabihu Branch Insurance services

8 REG/EUCL (Energy Utility Providing energy services (Electricity Corporation Limited ) and other related services ) 9 Umurenge Saving and Credit Finance Services Cooperatives (SACCO) 10 Grievance Redress Committees handling and addressing the complaints from the PAPs

2.5. Eligibility Criteria for Resettlement

The article 3 of the Law N° 32/2015 of 11/06/2015 relating to expropriation in the Public interest, stipulates that the property owner should receive just compensation for it. This entitlement is based on the figure arrived at by the independent valuer. Through mutual arrangement, both parties can determine the mode of payment. Land acquisition and compensation will be undertaken according to national legislation with particular reference to the Law on Expropriation for Reasons of Public Use. The eligibility criteria are based on the three criteria given in Clause 15 of the World Bank’s Operational Policy 4.12:

• Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); but no customary right in Rwanda

• Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan;

• Those who have no recognizable legal rights or claim to the land they are occupying. The National law on expropriation Law No 32/2015 of 11/06/2015 relating to expropriation, timely and full compensation is to be done to affected PAPs for their property acquired for the implementation of project infrastructure. According to WB OP.4.12, Land and other property owners need to be identified and the extent of their rights. It is also important that tit is communicated well to the affected PAPs to understand the value of their affected property. OP 4.12 requires resettlement plans or policy frameworks to ensure that those who are displaced are informed of their options and their legal rights and that they are consulted regarding feasible alternatives to the proposed resettlement. It is clear that if people affected by the project have legal right or not but occupying land the government of Rwanda must find a way of compensation

2.5.1. Cut-off Date

The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. The cut-off date in Nyabihu District was fixed on November 29th, 2019.

RTDA/ Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda

Table 4: Entitlement Matrix

Category of Type of ENTITLEMENTS PAP Loss

Compensation Compensation for Loss of Compensation for Moving Other Assistance for Loss of land Loss of Income Allowance Structures Property Loss of land ------The land acquired ------Disturbance Owners for road widening allowances 5%, will be compensated registration/ transfer in cash at replacement cost. fees The compensation of Capacity building of land acquired will be severely affected paid through confirmed PAPs and vulnerable beneficiary bank groups to maintain account The land and/or improve acquired is less than 20% of the affected their income asset and the rest generation potential. remain economically Job opportunities to viable.

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Loss of land: all PAPs, loss of land - The loss of land is will be paid by cash mainly partial/small size (1-6.4m) and people stay compensation as all on the same plot of land the PAPs opted for and preferred cash and these are the majority. cash payment - Additionally, during through their public consultations, PAPS requested for cash confirmed bank payment because the account as agreed land to be taken by road widening is small (1-6.4 during public meters of land per PAP. consultation, the This will apply also on the properties project will incorporated collaborate with bank managers to lend accounts and PAPs will fulfill the requirements after payment.

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Temporary Rental allowances Land will be loss of land based on annual rehabilitated after due to site land output and laterite extraction installation costs associated and given back to and borrow with land their respective pits preparation and owners crop management

Loss of Compensation For lost rental Coverage of full Disturbance structure at full income, Lump sum cost for total allowance replacement cash payment of 6 transport expenses & right to salvage value not months’ rent per materials without depreciated, tenant deduction from taking into compensation account market values Capacity building of for structures severely affected and materials. PAPs and vulnerable groups to

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maintain and/or improve their income generation potential.

If need to relocate, relocation assistance (coverage of costs of transport & assistance to find alternative secured accommodation, preferably in the community of residence through involvement of the project)

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Loss of Cash compensation Disturbance forest based on type, age allowances Trees and productive value of affected Planting of trees in trees the buffer zone of the developed roads to replace for the removed ones and

protect rehabilitated roads

Loss of crops Cash Disturbance (including tree compensation allowance crops) based on the type, age and market value of the mature crop in the scarce season, whichever is greater.

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Property lease Loss of rental payment of Six Coverage of full cash for unexpired holders/Tenant accommodation months’ rent cost for total portion of the lease if transport paid in advance to expenses the owner

Loss of crops Cash Disturbance (including tree compensation allowances crops) based on the type, Relocation assistance age and market as a cash allowance value of the mature to cover income crop in the scarce foregone during the season, for the period that the PAP remaining period is without land; of the assistance will be tenancy/lease equivalent to the value of production lost until replacement crops are yielding the same level. For fruit

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trees the costs of the yielded per period that the tree will take to mature will be calculated including the future price of the fruits

Squatters/ Loss of Cash Relocation Disturbance informal structure compensation assistance allowance, dwellers* at full (coverage of costs Right to salvage replacement of transport & materials without cost not assistance to find deduction from depreciated, alternative compensation taking into secured

account market accommodation, Capacity building of values for preferably in the severely affected structures and community of PAPs and vulnerable materials. residence through groups to maintain

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involvement of and/or improve the project) their income generation potential.

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All PAPs Loss of - thereon For lost rental Coverage of full Right to salvage

(whether assets due income, Lump sum cost for total materials without owner, tenant to cash payment of 6 transport expenses deduction from or informal temporary months’ rent per compensation, dweller) 2 land tenant and Relocation assistance acquisition provision of plot in (coverage of costs of the small market public water taps centers to be construction, constructed by the selling points, etc) Project. For owners land and assets Assistance of incorporated vulnerable poor thereon will be people for livelihood compensated in reestablishment (ie cash. For informal job opportunities dweller and tenant and will have

2 During the rehabilitation the road widening, land to be acquired will be between 0.5 to 6.4m width for individual PAPs. Secondly the project areas are agricultural land it is as mall potion of it acquired from other bigger on the upper part the mostly cut for slope stabilization. During the consultation all the PAPs supported the cash for compensation for their assets. Page 59 of 165

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opportunities to get

construction of small markets places in the facilitation for health centers , etc social insurance and other infrastructure to government be constructed support,, etc). under the

provisional sum

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RTDA/ Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda

Loss of Loss of Shops along the roads, street compensation will provide assistance Capacity building in livelihood income due vendors be paid for the with relocation business and provision of start up business to economic lost income and and cover all the displacement production cost of moving the promptly compensate economically during the PAP displaced persons for transition period loss of assets or (the time access to assets between losing without legally recognizable claims the business and to land re-establishment). The business people This will be will be sensitized to estimated based come for on the daily or construction monthly income opportunities(supply of construction of the affected materials to parties. contractors.

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Vulnerable Compensation will be given During construction groups works, vulnerable people will be given special attention by giving them opportunity Works impact losses due to Compensation will be given by the contractor will the contractor will The works insurance on assets the the contractor and will present calculate the cover the moving policies will apply contractor’s to the client the proof of monthly income allowances constructions compensation through the bank and pay the lost account income

Loss of loss of water individual fences will be the loss of income There will be utilities valves, compensated but public will be included temporally supply of utilities to the host protection of facilities, the service providers in the relocation community fences water will estimate the cost and place cost pipelines of relocation to the cost of the crossing the contractor as per contracts street provision under the DBM approach

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Community religious the consultation with the The infrastructure assets infrastructure, concerned community on will be compensated and the project and graves relocation of the social local leaders will infrastructure, for graves case facilitate to get a plot the laws number law not far from the initial church. For n°11/2013of11/03/2013 grace case the project determining the organization will exhume the dead and use of cemeteries stipulates bodies and transport the approved art16 A dead body can be cemetery in use exhumed upon the authorization issued by the Civil status Registrar of the area where the dead body is buried on request by the relatives of the deceased or as ordered by the authorities of the area where the dead body is buried

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POTENTIAL KEY STAKEHOLDERS AND THEIR ENGAGEMENT IN THE RAP IMPLEMENTATION

Institution Role and ownership of Project

MININFRA/ Coordination of RAP activities responsible for holding all information and RTDA/NYABIHU documentation relevant to the RAP. This RAP implementation is monitored by one (1) social safeguards specialist at the central level and 1 (One) social safeguards officers located at the district level with the support of the district One Stop Center (OSC). Their role is to review and follow the safeguards documents prepared by the contractors, monitoring the implementation of ESHS compliance. The PIU safeguards included also prepare the compensation payment process from the district to the central level.

MINECOFIN Responsible for timely disbursing of the compensation funds;

MOE Crucial role in ensuring that appropriate and consistent compensation is provided to all affected persons resulting from the various sub-projects. ensure cost effectiveness of the land acquisition activities

RLMUA RLMUA key responsibility is registering land, issuing and keeping land authentic deeds and any other information relating to land. RLMUA will ensure that PAPs have timely access to their land documents to enable them receive their compensation packages

NYABIHU OSC The role of OSC in RAP process is to check and to approve surveys, various

maps and to approve land surveys carried out during the RAP exercise. The NLC will also contribute significantly to land conflict management.

The main responsibilities of the OSC are monitoring the implementation of land administration and land use management procedures and guidelines one of its specific roles is to monitor and approve expropriation of land

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Institution Role and ownership of Project

repossessed in public interest to accommodate activities with a national character. There are also land Commissions and land Committees at District, Sector and Cell levels. The National Land Commission will also play a key role in grievance resolution

The overall objective of OSC is to put in place and operationalize an efficient system of land administration and land management that secure land ownership, promote investment in land for socio-economic development and poverty.

The main role that the OSC will play on the project is to contribute to the resolution of any land related grievances.

The Land Valuation law was promulgated in 2007 and outlines the role of the Land Valuation Bureaus to provide independent ‘fair and just’ valuation of land and affected assets in the event of expropriation. Land valuation bureau are free to be established all over the country. The Land Valuation Bureau will be responsible for assessing all affected property and attaching compensation costs to each property.

The OSC will be responsible for ensuring activities undertaken comply with the National and District Level Land Use Master Plans. They will assess the validity of land tenure rights of affected persons and eventually provide the land use permit for the new activity proposed by the project. In addition, they will be responsible for ensuring that effective grievance mechanisms are in place. They will also be used during the preparation of the RAP so as to ensure that grievances are reduced at an early stage.

MINISTRY OF Will be a key institution in the implementation of the RAP. It will play a LOCAL supervisory role over the various decentralized administrative structures at GOVERNMENT

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Institution Role and ownership of Project

(MINALOC the district, sector and cell levels. MINALOC will ensure that the displaced persons resettle in approved planned sites. The RSTF will further be responsible for the monitoring of the displaced persons especially the vulnerable groups

INDEPENDENT Will be procured to implement some of the activities of RAP such as NGOS overseeing of livelihood restoration programs, monitoring and evaluation and

GENDER the RAP process among others.

MONITORING Capacity building to the local community and handling Gender Based OFFICE /IOSC Violence cases. This office is under the Ministry of Gender and Family GRM Promotion and deals super heads the policies of sexual exploitation and abuse

Handling complains from the affected people together with the project staff

For the successful implementation of the RAP, there is need for full cooperation and coordination of all the relevant entities and the institution arrangement organogram is drawn below:

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda

Figure 2: Organisation Structure for Resettlement Implementation

GOVERNMENT OF RWANDA

MINECOFIN MoE MININFRA MINALOC

RTDA

COMMERCIAL BANKS/ RLMUA/REMA NYAGATARE OSC NGOs DISTRICT SACCOS/PAPs &RDB

SECTOR

CELL

VILLAGE

MINECOFIN CONTRACTOR

MINECOFIN

PAPs

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda

3. PROJECT DESCRIPTION

3.1 PROJECT LOCATION

Nyabihu district is one of 7 districts that make up the Western Province, it is divided into 12 sectors namely Bigogwe, Jenda, Jomba, Kabatwa, Karago, Kintobo, Mukamira, Muringa, Rambura, Rugera, Rurembo and Shyira. It has 473 villages distributed in 73 cells. Its surface area is 5,315 km². The administrative limit of nyabihu district are: North: Musanze district and Virunga national park, South: Ngororero & Rutsiro distrct, East: Gakenke & Musanze district, West: Rubavu district. Nyabihu district has the average size of the household of 4.6 persons, which is below national average household size 4.8. The landscape of the District of Nyabihu is very mountainous. The highest mountain is Muhe mountain with over well known “IBERE RYA BIGOGWE”. The annual average temperature is around 13°C; the annual rainfall varies between 800mm, and 1,702mm depending on the altitude.

3.2 OBJECTIVES OF THE PROJECT

The prime objective of the project is to improve transport infrastructure with a view to supporting project area’s social economic development. The project development will facilitate the economic growth, the improved transportation of goods and services. Specifically, the major purpose of the proposed upgrading project is to rehabilitate / construct feeder road network in Nyabihu District in order to meet the following objectives:

 To improve the existing infrastructure in rural areas, which will boost the connectivity and transfer of goods and people from one place to another in less time;  To improve feeder roads which will contribute towards the GDP of the regions and the country;  To pave the way for systematic improvement and continued investment in these areas;

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 To promote socio economic development of the project area by linking it within the district and other districts and cities in the country; and  To increase agricultural productivity and marketing capacities, by lowering the transport costs and losses of farm input and output. In particular, improved feeder networks will enhance the commercial activities of rural households, access to services and will reduce poverty.

3.3 PROJECT DETAILS

The project details are reproduced from the feasibility study. The project components include rehabilitation of right of way, culvert and bridges and cross drainage works. The affected areas of the feeder rehabilitation are limited to the Right of way, plus the widening areas as well as the borrow sites and quarry areas. The existing RoW will be widened by about 6.4m. Cultivation extends into close to the feeder road, with mostly Irish potatoes, Tea cultivated in the project area. The table below summarizes the key activities with possible impact and measure to be taken. More details on impact quantification and mitigation measure are provided in the contractor’ Environmental and Social Management Plan (c-ESMP).

# Activity Possible impact Measures Responsibility

1. Vegetation clearance Loss of land, crops - Compensation of assets - RTDA will be in charge of for road widening to be affected compensating and will send , houses and any where the road to a compensation report with other properties. - Implementation of have the 10.5 RoW. the world bank restoration plan

2. Trenching, Soil Loss of land - Compensation of - RTDA will be in charge of Excavation and affected assets compensating all the Loss of crops digging for road affected PAPs and assets - rehabilitation of widening. Loss of houses. during the road widening borrow pits prior to any project works.

3. Construction of Loss of land, crops - Compensation of - The contractor will culverts and bridges. properties to be compensate assets affected

affected. due to his mismanagement

Erosion caused by - Construction of water - The contractor will submit a Construction of water discharge channel up to compensation completion proper cross from the

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drainage works on constructed downstream to report approved by the local the road alignments structures minimize water authorities and the client. Culverts and impacts on the - contract provision on any bridge surrounding areas damage at the downstream and erosion. caused by culverts construction

4. Acquisition of camp Temporally loss of - Contractor will - The contractor will submit a site, storage site, land compensate the land compensation completion dumping site and owner, report approved by the local borrow pit areas., authorities and the client. - Proper implementation of the restoration - The contractor will share plan prepared by the proof of payment and contractor and rehabilitation pan to the approved by the client. consultant. - As per the contract, the contractor can only acquire this for land temporary for the purpose of the project and within the project period only.

5. Operation of Air pollution, - Proper implementation - The contractor will prepare construction safety issues and of OSHS plan the required plans to equipment’s. accident indicate the impacts caused - Sensitization by the operation of workshop. construction equipment’s - Submission of (MISPs). and how they will be minimized. The MISPs will be approved by the consultant.

3.3.1 Roads Status in the project area The District possesses a dense road network but most of it is in poor state due to rare maintenance or rehabilitation. According the District Development Plan (DDP) (2019), there are six (6) axes of the main roads connecting the district of Nyabihu with other districts. All of these roads need to be rehabilitated, upgraded and maintained. The district has 7 bridges to be constructed at new. Considering the hilly relief of Nyabihu district, transport facilities should be the sustained once for insuring a comfortable transport of goods and human beings. This transport of goods is considered as key of district development as long as the

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda agriculture of both industrial and food crops remains the main economic activity. Currently, Nyabihu is crossed by two macadamized road: the national road 4 (NR4)Kigali-Rubavu to the Democratic Republic of Congo (DRC) and National road 11(NR11) Nyabihu-Ngororero- Muhanga. Others are still on the level of feeder roads. Such situation limits transport of agricultural inputs and harvest to markets; moreover, the communication with other districts is still undeveloped.

3.3.2 Brief Description on selected feeder roads

Details of the existing road are given here below:

1 NBFR1: Gasiza-Kibisabo-Muringa-Gitebe (13.73km)

This road is 13.73 km long starting at Gasiza on a 3-legged junction with National Road 11 (NR11). It passes by Muringa Sector Headquarter at chainage 7km and ends at Gitebe on a minor bridge over Giciye River where it connects back to NR11. The road ascends towards Kibisabo up to 5.3 km and descends towards its end at Gitebe. The road crosses two Rivers (Nyavuvu at 12.2km and Giciye at the end in Gitebe). The hydraulic structure over Giciye River is an 18m span metal bridge with wooden decks in need of maintenance. Other existing structures are poor wooden logs located at sub catchment outlet on the road. Part of them maybe maintained, extended and provided with Reinforced Concrete slabs, masonry wing walls, head walls, apron slabs with toe walls and grouted riprap and boulders as maybe needed. The road is predominantly on a hilly terrain following hillside road with steep slopes and susceptible to landslides during rainy seasons. Therefore, it is better to widen this road on the hill side as widening on valley side would require retaining walls and also encounter construction difficulties. The road has its importance in the area as it traverses through tea plantation and wood products region and connects these areas to the National road leading to major markets in secondary cities of Rubavu and Musanze.

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2. NBFR3: NTERANYA-KAREBA (6.05 km)

NBFR3 alignment is 6km long and starts from chainage zero located at Nteranya, near Nyirakigugu Lake at T junction on National Road 4 (NR4), 1.3km from Nyabihu District Headquarters on the way to Rubavu Town and ends at Kareba Center which is one of the important trade centers with a market and a health Center on NR18 (Musanze-Kinigi-Kabatwa-Busasamana-Rubavu Petite barierre) in Jenda Sector located in the Northern part of the District in this volcanic area. In addition to Jenda, the road also passes through Mukamira Sector.

The alignment description follows the ascending directing of chainage from Nteranya.

From the start point at Nteranya, the alignment goes far about 50m alongside a stagnant body of water (with about a 25-hectare surface area) at an average distance of 4m from the body of water to the alignment centerline causing submergence of the alignment during rainy seasons. Moving the alignment towards the hillside and elevation of the alignment is required to mitigate the submergence issue.

3. NBFR4: KIBISABO-AKANYARU-RUGAMBA-GIHIRWA (13.65 km)

Engineering surveys on this road were done from Gihirwa towards Kibisabo on a total length of 13.3km. This road is mostly hillside and ascends towards fold and descend towards trough. The starting point at Gihirwa is T-junction with National Road 11 (NR11) and the end it is at Kibisabo at the junction with FR1 (Gasiza- Kibisabo-Muringa-Gitebe) which in turn connects to NR11. At chainage 11.95km, the alignment has a 1.6km spur up to Akanyaru primary school. The road is not motorable due to absence or poor drainage structures and bridge. The road connects the area of hillside agriculture to the main road (NR11) leading to markets.

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4. NRFR9: GIPFUNA-MURINGA (9.25 km)

Engineering survey for this road of 9.25 km starts from Gipfuna and the alignment ascends towards Muringa. Gipfuna has a minor bridge over Giciye River marking Nyabihu-Ngororero Districts boundary located at 100m from District Road Class 1 DR24 (Kabaya-Ngoma-Gasiza-Birembo-Nyamugeyo) and Muringa (end point) is on a Y junction with NBFR01 and is about 750m from Muringa Sector headquarters, reached by travelling through NBFR01. This alignment traverse towards north to reach Muringa (Endpoint). This alignment runs in hilly terrain and mainly following hillside. Widening of this road is better on the hill side as valley side filling involve construction difficulties and must be more expensive. This alignment is in poor condition and due to absence or poor drainage structures, narrowness of the roadway and bridges, poor surface road with erosion traces making the road non motorable.

5. NBFR16: KAGOGO-GAKAMBA-MU NZURI (Pinus) – 15.6 km

NBFR16 stretches on a total length of 15.6 km beginning from Kagogo as chainage zero on a 3 legged junction with DR24 (Kabaya-Ngoma-Gasiza-Birembo- Nyamugeyo), crosses Giciye River on a minor metal–wood bridge marking Nyabihu-Ngororero Districts border towards Gakamba and Gatindori (endpoint) where it connects to the spur of NBFR2 (Masha-Gatindori-Musenyi). The road stretches through cattle farming area from chainage 7km up to 12.1km where it enters Gishwati Natural Forest up to Gatindori (endpoint) stretching on a District Road class 1DR 23 from chainage 11.5km up to the End, where it connects with District Road Class 1 DR29, the latter overlapping with the above-mentioned spur of NBFR2

This alignment is predominantly hillside and generally following ascending towards its end in Gatindori.

The road has many substandard wooden logs on rivers crossings, sub catchment outlets and relieve cross drains.

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The road passes through wood products and livestock farming regions and serves as connectivity of these areas to the Districts roads that leading to National Roads and connects to major markets in secondary cities of Rubavu, Musanze and Ngororero districts. The general condition of the road is very poor due to landslides, absence or poor drainage, trees from the natural forest falling into the road and forming blockage on the alignment.

6. NBFR2: Kibisabo-Masha-Arusha-Mizingo-Masha-Gatindori-Musenyi (33km): NBFR2 stretches on a total length of 33 km beginning from Kibisabo on a 3 legged junction with FR1 (Gasiza-Kibisabo-Muringa-Gitebe) at 5.2km from National Road 11 (NR11) through FR1 alignment, and ends (main alignment) at Mizingo where it connects to National Road NR4 (Kigali-Musanze-Rubavu) and at Musenyi (as a spur from Masha) on Rubavu-Nyabihu Districts border on a minor bridge over Nyanzo River. The main alignment is 24.4km long and the spur is 8.3km long. The alignment stretches through Gishwati Natural Forest from chainage 3.2km up to 10.4km of the main alignment and from 0 up to 5.7km of the spur (In other words 40% of the whole alignment traverses Gishwati Natural Forest), therefore widening and other construction activities will cause serious environmental impact. This alignment is predominantly hill side and generally following ascending gradient towards fold and descend towards trough. From chainage 12.9km up to 16.2km of the main alignment stretches in Rubavu District. The road has its importance in the area as it traverses tea plantation, wood products and livestock farming region and serves as connectivity of these areas to the National road (NR4) leading to major markets in secondary cities of Rubavu and Musanze. The general condition of the road is very poor due to landslides, absence or poor drainage, trees from the natural forest falling into the road and forming blockage on the alignment.

The total length of each of the 1st priority feeder roads is presented in the following Table 5.

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Table 5: Selected feeder roads as first priority in Nyabihu District

S/N° FRN° Road Name Length/ km

1 1 Gasiza-Kibisabo-Mulinga-Gitebe 14 2 2 Kibisabo-Masha-Arusha-Mizingo-Masha 33 3 3 Nteranya-Kareba 6 4 4 Kibisabo-Kanyaru-Rugamba-Gihirwa 14 5 9 Gipfuna-Mulinga 10 6 16 Kagogo-Gakamba-Munzuri (Pinus) 16 TOTAL 93

3.3.3 Sectors crossed by the selected feeder roads in Nyabihu District

Nyabihu District is subdivided into 13 Sectors; however, the latter are not all concerned with the selected feeder road to be rehabilitated. Thus, the following table shows five (5) sectors of Nyabihu district and one (1) sector of Rubavu district that are crossed by the selected feeder roads.

Table 6: Sectors crossed by the selected priority feeder roads in Nyabihu District

S/N° FRN° Road Name Length/ Sectors crossed by the km roads 1 Gasiza-Kibisabo-Mulinga-Gitebe 14 Mulinga, Rambura 1 2 2 Kibisabo-Masha-Arusha-Mizingo-Masha 33 Rambura, Mulinga, Bigogwe, Kanama 3 3 Nteranya-Kareba 6 Jenda 4 4 Kibisabo-Kanyaru-Rugamba-Gihirwa 14 Rambura, Karago 5 9 Gipfuna-Mulinga 10 Mulinga 6 16 Kagogo-Gakamba-Munzuri (Pinus) 16 Mulinga TOTAL 93 6

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3.3.4 Feeder Road Design Standards

Generally, the study of rehabilitation intends to improve the condition of the District transport network that can:

 Ensure an average commercial speed of 40 km/h;  Reduce routine and periodic maintenance cost; and  Reduce vehicle-operating costs and contribute to economic growth.

The length and the required width are presented in Table 7 while the locations of feeder roads in the district are available in Figure 1.

Table 7: Length and Width Planned for selected feeder roads

Feeder Description Length Average Average Average road (km)* existing addition additional No road al width width for width for the 10.5 m (m) road (m) RoW (m)

FR1 Gasiza- Kibisabo- Muringa- 14 4 2 6.5 Gitebe

FR2 Kibisabo-Masha-Arusha- 33 6 0 4.5 Mizingo-Masha

FR3 Nteranya-Kareba 6 2.8 3.2 7.7

FR4 Kibisabo-Kanyaru-Rugamba- 14 3 3 7.5 Gihirwa

FR9 Gipfuna-Muringa 10 3.5 2.5 7.0

FR16 Kagogo-Gakamba- 16 4 2 6.5 Munzuri(Pinus)

Total 93 3.88 2.12 6.62

Source: Contractor Field Surveys and computation

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4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE

4.1. Socio economic baseline of the District

4.1.1. Demographics

Nyabihu district is part of the Western Province. The district has a population of inhabitants 294,740 (Census 2012 final data) and extends over an area of 537.7 sq.km. The population density accounts for 548 inhab/sq.km, ranking the district seventh country-wide, density is 18% higher than the national average (415 inhab/sq.km) and 30% higher than the Western Province average (420 inhab/sq.km), whereas the population growth 2002-2012 has been 0.9%, significantly lower than the national average (2.6%). The district is rural with a not negligible share of urban population accounting for 13.8 % of total district.

The population is unevenly distributed over the district area - the most populated area is the sector of Mukamira (744 inhab/sq.km) while the least populated sector is Muringa (335 inhab./sq.km) in the southernmost part of the district. Also the population density and demographic growth in decade 2002-2012 are contrasted among sectors. The growth rate ranges from -0.1% in Kintobo sector to 3.0% in Jenda. The average household size in Nyabihu district (5.06 persons/hh) is slightly above the national average household size (4.3 persons/hh). Though there are limited data on GBV, it is not a big problem in Rwanda and particularly Nyabihu District. The Country has achieved impressive results in the fight against GBV, including a GBV hostile legal and policy framework that supports prevention and response to GBV, and provides an opportunity for further advancements. Currently there is study being conducted by GMO and findings on GBV prevalence in districts will be made available upon publication.

The main demographic data of Nyabihu District are highlighted in the table below:

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Table 8: Population in Nyabihu District

Population Growth Density Estimated District Both Urban Rural share (% Area Household rate Inhabitants population Sectors sexes Population Population of district (sq.km.) size 20022012 per sq. km. 2015 pop.) Nyabihu 294,740 40,673 254,067 100% 537.73 548 4.5 0.9% 309,079 district

Bigogwe 31,657 12,015 19,642 10.7% 52.21 606 4.9 -0.2% 33,197

Jenda 34,648 10,465 24,183 11.8% 47.83 724 4.5 3.0% 36,334

Jomba 20,610 0 20,610 7.0% 35.03 588 4.3 0.7% 21,613

Kabatwa 18,971 0 18,971 6.4% 52.07 364 4.5 2.4% 19,894

Karago 25,681 0 25,681 8.7% 38.12 674 4.5 0.1% 26,930

Kintobo 15,379 798 14,581 5.2% 27.43 561 4.6 -0.1% 16,127

Mukamira 28,675 15,101 13,574 9.7% 38.56 744 4.6 1.1% 30,070

Muringa 22,876 0 22,876 7.8% 68.24 335 4.5 1.3% 23,989

Rambura 28,484 2,294 26,190 9.7% 63.65 448 4.6 0.8% 29,870

Rugera 24,236 0 24,236 8.2% 41.18 588 4.2 0.5% 25,415

Rurembo 23,689 0 23,689 8.0% 39.71 597 4.3 0.2% 24,841

Shyira 19,834 0 19,834 6.7% 33.71 588 4.1 1.6% 20,799 Source : NISR, 2012

4.1.2 Location of first priority feeder roads The 1st priority feeder roads are six in number and cross 6 Sectors and 24 Cells of Nyabihu district. The Table below depicts the Sectors and Cells crossed by the 1st priority feeder roads. Table 9: Sectors and Cells crossed by first priority roads

Feeder Feeder Roads Name roads Sectors Cells ID Gasiza-cyibisabo- Rambura Kibisabo FR 1 Mulinga-Gitebe Mwiyanike Mulinga Rwantobo

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Kibisabo-Masha- Arusha Bigogwe Arusha-Mizingo- Rega Masha Kibisabo FR2 Rambura Mutaho Mulinga Mulinga

Kanama Yungwe Nteranya-Kareba Jenda Nyirakigugu

Gisizi FR 3 Kabatezi Kareba

Mukamira Jaba

Kibisabo-Kanyaru- Karago Gihirwa Rugamba-Gihirwa FR 4 Kibisabo Rambura mRambura Kagogo-Gakamba- Nyamasheke FR16 Mulinga Munzuri (Pinus) Gisizi

Gipfuna-Mulinga Mwiyanike FR9 Mulinga Nkomane

4.1.3 Socio-economic Conditions of the District

Concerning the households’ economic condition and making reference to poverty and extreme poverty lines, set out at 159,375 and 105,064 RWF respectively, Nyabihu district is ranked 23rdposition countrywide by percentage of extreme poor and poor population categories. In the previous survey EICV5 2016-17, Nyabihu was ranked 27th. About 36% of the population in Nyabihu district is

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda identified as nonpoor, 38.2% as poor (excluding extreme poor) and 16% as extreme poor on total population by district.

Referring to the sectors’ contribution to household income, the EICV3 results shows that at the national level agriculture contributes the largest share of a household’s income (46%), followed by wage income (25%), business income (i.e. self-employment), transfers, and rents.

From the viewpoint of the basic services, Nyabihu district ranks slightly lower than the national average. Nyabihu is classified among eleven districts with a mean walking distance to a primary school within the interval of 28 to 33 minutes. Around 36.7% of households are still between 30 and 59 minutes of a primary school. This walking distance to a primary school in Nyabihu district is almost the same as the mean distance in rural areas (28.6 minutes), but slightly higher than the national level (27.2 minutes).

The mean walking distance to a health center in Nyabihu district is 83 minutes and only 34% of households walk for under than an hour on average to a health center. The mean walking distance to a health center is 45 minutes in urban areas and 73.2 minutes in rural areas, while it is one hour countrywide. When compared to rural areas, Nyabihu District health centers are 8.3 minutes further from household dwellings than the average.

With reference to employment, the overall employment rate is 85% of the resident population aged 16 years and above in Nyabihu District; the unemployment rate is 0%and the economic inactivity rate is 15%. Nyabihu District is ranked 13th among all districts by employment rate. The national average employment rate is 84%, the unemployment rate is 0.9% and the economic inactivity rate is 15%.

With reference to usual main job in Nyabihu District, most people aged 16 years and above in Nyabihu are independent farmers as their main job (72%). The second

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most frequent main job is wage non-farm (11%), followed by wage farm (9%). Only 6% are independent non-farmers (i.e businesses). Compared to the national the condition of independent farmer is 16% higher whereas the independent nonfarm account for less than one third of the national average.

4.2 Population within the Right of Way

The feeder roads in Nyabihu district pass through scattered settlements, villages and towns/trading centers. The boundaries of feeder roads expansion have not been transferred on the land. In general about 6.4m average additional width will be required for widening of road to have a right of way of 10.5m. The widening will have impact on houses, agriculture land and other infrastructure facilities. The road widening is likely to affect a total of 1,444 households. The table below depicts the number of affected households and PAPs per cell and per road.

Table 10: Households per selected roads

Feeder Roads NBR NBR OF Feeder roads ID Sectors Cells Name OF HH PAPs

Gasiza- Rambura Kibisabo 109 625 cyibisabo- FR 1 Mwiyanike 102 510 Mulinga-Gitebe Muringa Rwantobo 79 395

Kibisabo-Masha- Arusha 26 123 Arusha- Bigogwe Rega 59 375 Mizingo-Masha

FR2 Kibisabo 11 80 Rambura Mutaho 0 0

Muringa Muringa 0 0

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0 0 Kanama Yungwe

Nteranya- Jenda Gisizi 87 515 FR 3 Kareba Kareba 103 515

Kabatezi 97 565

Nyirakigugu 81 485

Kibisabo- Karago 106 530 Gihirwa Kanyaru-

FR4 Rugamba- Kibisabo 91 535 Gihirwa Rambura Rambura 104 600

Kagogo- Nyamasheke 82 410 FR 16 Gakamba- Mulinga

Munzuri (Pinus) Gisizi 107 535

Gipfuna- Mwiyanike 104 520 FR9 Mulinga Mulinga Nkomane 0 0

TOTAL 1,444 7,318

The population affected by the rehabilitation of the 1st priority feeder roads is 7,318 PAPs grouped into 1,444 families.

4.3 Socio-economic profile of PAPs within right of way

Socio-economic profile has been developed for the PAPs. Information from field visits revealed that 1,444 households are likely to be affected by the project. In order to develop the socio-economic profile of the PAPs, a survey by questionnaire was used to collect the baseline data (The questionnaire is available

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda in Annexure 3). The socio-economic conditions of PAPs within right of way are discussed in subsequent sections.

4.3.1 Sex of Respondents

The researcher wanted to get the views from both male and female respondents so as to avoid biasness in the responses. Both sexes (female and male) can be affected by the project differently; so, it would be unrealistic to get views from one sex. The table below shows that 47% of the PAPs are males whereas 53% are females. This shows that the majority of the respondents are of the female sex. Despite the women sensitization and involvement, there were some women who were still reluctant to respond to the questionnaire, especially those in the rural areas.

Table 11: Sex of PAPs in the household surveyed

Sex Number of Percentage (%) Respondents

Male 680 47

Female 764 53

Total 1,444 100

4.3.2 Age structure of the of the surveyed household The age structure of the respondents was a necessary part of the research to determine whether the results of the findings are from mature persons who understand the situation. The table below gives a clear age structure of the PAPs. From the table below, it comes out that 45% of the respondents (majority) are in the range of 30-40 years. During this age, it assumed that people are more active and likely to be involved in various activities. This range is followed by the group age of 20-29, which represents 23.9%. The group 41-51 which has 19.1% is followed by the range of PAPs who have less than 20 which represent 6.4%, while the group of 52 years and above representing 5.6%. These results show that the majority of respondents are mature and active; therefore, they can be reliable.

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Table 12: Age of the PAPs of household surveyed

Age group Number of respondents Percentage (%) Less than 20 93 6.4 20-29 345 23.9

30-40 650 45

41-51 276 19.1

Above 52 80 5.6

Total 1444 100 Source: Field survey and Analysis, May 2016 updated in 2019

4.3.3 Education of Respondents

The level of education among the PAPs is very low as revealed by the data analysis reported in Table 13. Among the respondents (PAPs), 11.6% are illiterate, primary (elementary level) education represents 78.6% and 7.8% have incomplete secondary level. The proportion of 10% representing those who completed the secondary and vocational represents 2%.

The main reason is the poverty of families that could not afford school fees and materials required for the education of their children. But nowadays, due to the government policy, elementary education is free of charge; therefore, every parent has an obligation to send his/her children to school.

Table 13: Level of Education of respondents

S/N Level of education Frequency (No) Percentage (%) 1 Illiterate 150 10.3 2 Primary 756 52.3 3 Incomplete Secondary 201 13.9 4 Secondary 114 7.8 5 Secondary vocational 114 11.4 6 Incomplete Higher 2 13.8 7 Higher (bachelor’s 52 3.6 Degree) 8 Postgraduate 3 20.7 Total 1,444 100 Source: Field survey and Analysis, May 2016 updated in 2019

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4.3.4 Family Size of the Household of respondents

Table 14 summarizes the family size of the households’ respondents. The Analysis has indicated that 19.04% of the respondents’ families’ size is large, means that the size of the family is above 6per household. While 58.8% are medium, which means that they are within the range of 4-6 in the family and 22.09% has small size, means between 2-4 persons per family. The average size of the household of respondents on the feeder road is between 4-6.

Table 14: Family Size of the Households

S/N Family size Number of Percentage (%) Respondents

1 Small (2-4) 319 22.09

2 Medium (4-6) 850 58.87

3 Large (Above 6) 275 19.04

Total 1,444 100 Source: Field survey and Analysis, May, 2016 updated in 2019

4.3.5 Marital status of respondents

The marital status of the PAP is an important parameter to know the views of different categories of people about the project. Table 15 shows the marital status of the respondents. About 76 of PAPs are married; single representing 24.3%; 8.9% widow and 1% of divorced

Table 15: Marital Status of Respondents in Household Surveyed

S/N Marital Number of respondents Percentage (%) status 1 Married 951 65.8 2 Single 351 24.3 3 Widow 128 8.9 4 Divorced 15 1 Total 1,444 100 Source: Field survey and Analysis, April, 2016 updated in 2019

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4.3.6 Employment status of PAP

With regard to the surveyed household, about 51.7% are employed in either their own or at someone else agricultural farm. Moreover, a proportion of 14.9%, among the PAPs own small business, which they combine with agricultural activities. This can be explained by the fact that in the District, the agricultural activities (Maize, Banana, potatoes and Beans) are dominant and combined with small businesses selling the produce in the local commercial centres. The percentage of PAPs that represents “mason” is 4.7%, the students/ pupils are 18%; the military servant represents 6.9while only 2.4% of the respondents are public servants, especially teachers in the local primary schools. Table 16 describes the employment status of members in the PAPs surveyed.

Table 16: Employment Status of PAPs

S/N Employment Frequency (No) Percentage (%) 1 Employed (in own agricultural 746 farm) 51.7 2 Pensioner 20 1.4 3 Student, pupil 260 18 4 Mason 68 4.7 5 Traders 215 14.9 6 Civil servant (Teachers) 35 2.4 7 Military Servant 100 6.9 Total 1,444 100 Source: Field survey and analysis, April 2016 updated in 2019

4.3.7 Vulnerability of PAPs

The vulnerability and social group for individuals in the community is for a paramount importance because it gives the idea of level of vulnerability.

The Table 17 gives the detail on vulnerability. The majority of the project affected population (65.4%) are in normal conditions and persons representing 4% are orphans, persons living with disability are represented by 10.2% and 9.3% represent aged persons; while 11.1% are the households headed by women.

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Table 17: Vulnerability in the PAPs S/N Social group Number of Percentage (%) respondents 1 Living with disability 148 55.4 2 Orphans 56 21 3 Households headed 40 women 15 4 Aged people 23 6.6 Total 267 100 Source: Field survey and Analysis, May 2016 updated in 2019 from social clusters

4.3.8 Livestock in the surveyed household

The population of Nyabihu District is involved in livestock activities. There are some families who do not have farming activity but involved in the livestock activities. The numbers of livestock are reported in Table 16. Sheep dominated the livestock distribution in the project area with 51%. The table shows that 78% of the surveyed households owned at least one type of livestock.

Table 18: Number of Livestock in the Family Livestock Type Households % with livestock Cattle 51 3.5 Sheep 736 51 Goats 237 16.4 Chickens 102 7.1 Ducks 0 0 No Livestock 318 22 Total 1,444 100 Source: Field survey and Analysis, May 2016 updated in 2019

4.3.9 Economic Activity and Source of Income Table 19 provides details on the main activities and source of income of the PAPs. The main source of income among the surveyed PAPs is agriculture with 78%, 3.1% incomes from the rent of the house, 1.7% are supported by other relatives while 16.2% are engaged into small businesses.

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Table 19: Economic Activity and Source of Income among the PAPs

Main Sources of Income Frequency % Income from own business (Trade, construction, etc) 235 16.2 Income from Agriculture 1125 78 Income from rent of the house 45 3.1 Support from other relatives 24 1.7 Income from sale of items of private property 15 1 Total 1,444 100 Source: Field survey and Analysis, April 2016 updated in 2019

4.3.10 Housing conditions of the PAPS Housing condition is an important variable in studying socio-economic aspects of a family because it gives the idea on the living conditions of family members. The Table 20 shows the situation of the PAPs in the visited roads in Nyabihu District. About 96.9 % of PAPs live in their own houses, while 3.1 % live are rented houses. 59.6 % of these houses are built in mud bricks known as Rukarakara, 36.1 % are built in woods, while 4.3% are built in burnt bricks.

4.3.11 House Conveniences and their Conditions

Table 21 summarizes the type of convenience in the house such as electricity, radio, mobile phone, private toilette, etc. These are indicator of development. All the surveyed households (100%) have private toilette and 68.4% access to electricity. Among the surveyed households, only 24.8% PAPs use solar energy. A significant proportion of the household surveyed have mobile phones 68.3% from different telecommunication companies operating in Rwanda (MTN and Airtel). Furthermore, the Contractor was informed that almost all households have radio, and some of them have also a bicycle.

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Table 20: Housing Conditions

House Type Frequency % House made in Frequency % Owner Frequency % ship

Cottage/rural 0 0 Wood Owned 1399 96.9 522 house 36.1 Other 1444 100 Mud bricks Rented 45 3.1 (RUKARAKARA 860 +Cement) 59.6

Burnt bricks 62 4.3

Total 1444 100 1,444 100 1,444 100

Source: Field survey and Analysis, April 2016, updated 2019

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Table 21: Conveniences in the Surveyed Household and their Conditions

Grid Frequenc % Solar Frequenc % Mobile Frequenc % Private Frequenc % Electricity y Energy y Phone y Toilet y

Functions 987 68.4 Functions 358 24.8 Functions 986 68.3 Functions 1444 100

Function 0 0 Function Function Function 0 0 with with 0 with 100 with interruptio interrupti interrupti interruption 0 7 n on on s

Doesn’t 0 0 Doesn’t 0 Doesn’t 21 Doesn’t 0 0 0 1.4 function function function function

Doesn't 457 31.6 Doesn't 1086 Doesn't 337 Doesn't 0 0 75.2 23.3 exist exist exist exist

Total 1,444 100 Total 1,444 100 1,444 100 1,444 100 Source: Field survey and Analysis, April 2019

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4.3.12 Access to basic infrastructures

The Contractor made an inventory of basic infrastructures along the 1st priority feeder roads in Nyabihu district. The Table below presents the number of schools, health centers, churches, markets and public offices by road.

Table 22: Number of schools, health centres, churches and public offices by road

Feeder INFASTRUCTURES road Health Public ID Road Name Centers Schools Offices Churches Markets Kibisabo- Kanyaru- FR4 Rugamba- Gihirwa 1 0 2 3 0 Gasiza- Kibisabo- FR1 Muringa- Gitebe 1 3 2 2 2 Kibisabo- Masha- Arusha- Mizingo- Masha- Gatindori- FR2 Musenyi 1 2 1 1 0 FR3 Nteranya- Kareba 1 2 0 3 0

FR9 Gipfuna-Muringa 0 1 1 4 0 Kagogo- Gakamba- FR16 Munzuri ( Pinus) 1 1 2 4 0

Total 5 9 8 17 2 Alongside the selected roads, 5 health centers, 9 schools, 8 public offices, 2 markets and 17 churches were identified.

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4.4 RESETTLEMENT IMPLICATIONS

The feeder roads in Nyabihu district pass through scattered settlement, villages and towns. The boundaries of feeder roads expansion have not been transferred on the land. The widening will have an impact on houses, agriculture land and other infrastructure facilities.

4.4.1 Loss of Houses

The details of houses likely to be affected by road widening are presented in Table 23. The total number of houses that will need relocation are 100. These houses will be fully affected.

Table 23: Details of House on Road Side

Feeder Road Name Houses Road No. FR4 Kibisabo- Kanyaru- Rugamba- Gihirwa 18 Gasiza- Kibisabo- Muringa- Gitebe 27 FR1 Kibisabo-Masha-Arusha-Mizingo-Masha- 25 FR2 Gatindori- Musenyi FR3 Nteranya- Kareba 14

Gipfuna-Muringa 9 FR9 Kagogo- Gakamba- Munzuri ( Pinus) 7 FR16 Total 100 Source: Contractor’s Survey, May 2016, updated 2019

4.4.2 Loss of Land

The development in the study area will definitely bring substantial change in the land use pattern as the road modification/ construction will require additional land from private and government. It is estimated that to achieve the right of way,

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road widening will require 56.4 ha (covering both the district land and PAP’s land) for the priority feeder roads improvement. This land requirement for the road rehabilitation will change the land use permanently from barren/agricultural/built up land into road (carriageway, drainage system and tree buffer zone). This impact is permanent and irreversible.

Table 24: Land use change

Feeder Description Length Average Average Average Additional Additional road (km)* existing addition additional area for area No road al width width for 6.0 m required for width for 6.0 10.5 m paved the (m) m road RoW (m) roads (ha) 10.5m ROW (m) (ha)

FR1 Gasiza- Kibisabo- 14 4 2 6.5 2.8 9.1 Muringa-Gitebe

FR2 Kibisabo-Masha- Arusha-Mizingo- 33 6 0 4.5 0 14.85 Masha

FR3 Nteranya-Kareba 6 2.8 3.2 7.7 1.9 4.6

FR4 Kibisabo- Kanyaru- 14 3 3 7.5 4.2 10.5 Rugamba- Gihirwa

FR9 Gipfuna-Muringa 10 3.5 2.5 7 2.5 7

FR16 Kagogo- Gakamba- 16 4 2 6.5 3.2 10.4 Munzuri(Pinus)

Total 93 3.88 2.12 6.62 14.6 56.45

Source: Contractor Field Surveys and computation, April 2016 updated in 2019

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The table 25 is the detail additional land of the PAP’s for priority feeder roads improvement which will be compensated by the project road.

Table 25: Land use change for the PAP’s land only

FR1 Gasiza- Kibisabo- 10 4 2 6.5 2 6.5 Muringa-Gitebe

FR2 Kibisabo-Masha- Arusha-Mizingo- 12 6 0 4.5 0 5.4 Masha

FR3 Nteranya-Kareba 2 2.8 3.2 7.7 0.6 1.5

FR4 Kibisabo- Kanyaru- 10 3 3 7.5 3 7.5 Rugamba- Gihirwa

FR9 Gipfuna-Muringa 6 3.5 2.5 7 1.5 4.2

FR16 Kagogo- Gakamba- 12 4 2 6.5 2.4 7.8 Munzuri(Pinus)

Total 52 3.8 2.1 6.6 9.5 32.9

4.4.3 Loss of other structures

Due to expansion there will be other minor losses. The identified losses include fence, water valve chambers and water pipeline crossing the road. The protection

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda measures to memorials, churches and mosque have been included in environmental impact assessment report. The facilities that will need compensation and relocation are summarized in Table 26.

Table 26: Loss of other structures

Loss of Water Wate FR Length live S/N Road Name Valve r No. (km) Fences Chambers Taps (m) Kibisabo- Kanyaru- 1 14 7 1 2 FR4 Rugamba- Gihirwa Gasiza- Kibisabo- 2 14 11 2 1 FR1 Muringa- Gitebe Kibisabo- Masha- Arusha- Mizingo- 3 33 29 2 2 Masha- Gatindori- FR2 Musenyi 4 FR3 Nteranya- Kareba 6 2 0 1 Gipfuna-Muringa 5 FR9 10 0 0 0 Kagogo- 6 Gakamba- 16 3 0 1 FR16 Munzuri ( Pinus) TOTAL 93 52 5 7 Source: Contractor Field Surveys and computation, May 2016, updated 2019

4.4.4 Loss of trees and crops

Table 27 summarizes the type of losses likely to be due to the expansion/widening of feeder roads in the District, considering that around 80% of the needed trees and crops are under artificial and natural forest and export crops.

Table 27: Loss of crops and trees

S/N FR Road Name Length Number of Crops (ha) No. (km) trees Kibisabo- Kanyaru- 1 14 2931 0 FR4 Rugamba- Gihirwa Gasiza- Kibisabo- 2 14 2027 0.123 FR1 Muringa- Gitebe

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Kibisabo- Masha- 3 Arusha- Mizingo- Masha- 33 575 6 FR2 Gatindori- Musenyi 4 FR3 Nteranya- Kareba 6 1100 0.151 Gipfuna-Muringa 5 FR9 10 2560 0 Kagogo- Gakamba- 6 16 1000 0 FR16 Munzuri ( Pinus) TOTAL 93 10193 6.274 Source: Contractor computation, April 2016 updated in 2019

4.4.5 Summary of Losses

Table 28 summarizes the type of losses likely to be due to the expansion/widening of feeder roads in Nyabihu District.

Table 28: Summary of Losses

S/N Description Value # of S/N Description Value # of PAPs (ha) PAPs (number) 1 Total Loss of Land 32.9 1444 3 Family loosing 100 447 Houses 2 Loss of Crops 6.2 545 4 Loss of Fence 52(m) 15 5 Number of Trees 10193 920 6 Water Valve 5 0 it belongs Chambers to the government 7 Water Taps 7 Source: Contractor Field Surveys and computation, May 2016, updated 2019

As stated in the table above, the number of PAPs per item is not corresponding to the total of all Category of the PAP because some of them will lose all types of assets and are found in all the category. It is obvious that whoever has crops, house has land but whoever has land may not have house or crops as the census was done during the harvesting period. Regarding the 100 houses to be displaced, the project together with the district will assist find new settlement in in model village where they will have access to infrastructure, schools and water. For those having enough space in the same parcels will be facilitated to get construction permit in some distance from the Right of Way.

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4.5 IMPACT ANALYSIS

Analysis of impacts has been conducted. A checklist has been prepared to list the environmental-socio parameters and the potential impacts. A typical safeguards checklist identifying the anticipated environmental-social impacts due to the project activities are shown in Table 29.

The impacts have been categorized and analyzed in the following manner: i) Nature (positive/negative, direct/indirect); ii) Magnitude (high, moderate, low); iii) Extent/ location (area/volume covered, distribution); iv) Timing (during construction or operation, immediate; or delayed); v) Duration (short term/long term, intermittent/continuous); vi) Reversibility/irreversibility; vii) Likelihood (probability, uncertainty); and viii) Significance (local, regional, global).

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Table 29: Impact Analysis

S. Activity Potential Nature Magnitu Extent / Timing/ Durati Reversible Likeliho Significa

No. Impact de Location Phase on / od nce Irreversibl e i) Site Acquisition Change in land Negative Medium Small Pre- Long Irreversibl Probabili Regional for road use/ Loss of Direct Area/ Constructi Term e ty construction Land Large on Distributi on ii) Acquisition of Loss of Crops Negative Medium Small Pre- Long Irreversibl Probabili Regional Land Direct Area/ Constructi Term e ty Large on Distributi on iii) Acquisition of Loss of Agro- Negative Low Small Pre- Long Irreversibl Probabili Local Land Forestry Direct Area/ Constructi Term e ty Large

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S. Activity Potential Nature Magnitu Extent / Timing/ Durati Reversible Likeliho Significa

No. Impact de Location Phase on / od nce Irreversibl e

Distributi on on iv) Acquisition of Loss of Negative Low Small Pre- Long Irreversibl Probabili Local House House/ Direct Area/ Constructi Term e ty Residence Large on Distributi on v) Agriculture land Loss of Negative Low Small Pre- Long Irreversibl Probabili Regional Acquisition Agriculture Direct Area/ Constructi Term e ty Produce Large on Distributi on

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4.5.1 Potential positive impacts The line transmission project is likely to generate positive impacts toward people living along the proposed line corridor. The anticipated ones are the following:

4.5.1.1 Employment opportunities During the project implementation, feeder roads rehabilitation works, site installation, staff quarters and offices and any other structures will certainly create employment for locals in and around the project areas. Those living closer to the project will be the first one to benefit from that impact. Despite the sophisticated technical work required for the project, there will be a need for manpower for the manual work. For this type of work, local citizens will be the first to be employed. It is anticipated that the project may be able to draw a large number of the unskilled workforce from the local area.

Temporary employment generation in this phase has the potential to contribute to poverty reduction, especially if vulnerable local people are employed such as farmers with limited land or the unemployed. The availability of alternative sources of employment is minimal, although opportunities for subsistence farming are present. Local people are therefore considered to be of medium sensitivity to employment generation impacts. Without measures to promote local employment benefits the magnitude of the impact is moderate as it will affect a small number of people and they will obtain skills and experience which will extend beyond the life of the Project, the impact is therefore considered to be a beneficial impact of moderate significance.

4.5.1.2 Business Opportunities and increase of Income The project will create opportunities for business whether they are directly or indirectly related to the project. Special procurement and bidding preferences should be given to local companies whose workers include some of the skills directly attributable to construction such as general laborers, engineers, heavy equipment operators etc. From the jobs obtained from the project, people will be able to create income generating

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activities or improve the existing small business because of the presence of electricity in the area.

During the implementation of the feeder roads project, commercial activities will be improved in the area, and definitely, it will increase household income for the local citizens. Feeder roads project will facilitate local citizens to channel their agricultural products to the markets, which will have a direct impact on the prices of those products. This would enable locals to indulge in off-farm commercial activities from extra income from sales hence improving livelihood in the area.

4.5.1.3 Improved health and Education Despite the above indicated positive impacts, the project is likely to have an indirect positive impact to the health and education in the area. The project will allow health centers to be connected to the maintained transport facility (Feeder Road), and hence deliver effectively services to the users. The same illustration applies to the education sector.

4.5.2 Potential Adverse Negative impacts Despite the presence of positive impacts resulting from the project, the latter may also have some adverse impacts to the people along the feeder roads alignment.

4.5.2.1 Loss of land, crops and structures The implementation of the project will certainly lead to loss of land, crops and trees and where it is inevitable, some houses or other structures will be lost. This will necessitate a resettlement process. Preliminary details about these losses are indicated in Table 17.

4.5.2.2 Pressure on local services/resources and Population Changes Due to the project, there will be an influx of workers from within the areas and outside the construction region. It is predicted that this Project will result in project-induced in- migration that can substantially change the context in which a project will operate. Population density will be quite high and there is little space for migrants to settle, thus

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lessening the likelihood of in-migration and concentration of migrant populations. This kind of increase in vehicle traffic and population can put a strain on a wide range of local infrastructure components such as roads, transportation systems, water, telecom and utilities, medical services, housing, etc.

The construction of proposed project will need manpower that will be required for various construction activities. Keeping in view the local demography, it can be anticipated that a great number of workforces will be migrating from outside the project area. There is the potential for significant in-migration from job seekers and camp followers which, due to the existing land, resource and social service constraints and vulnerability of the host population communities, would be an adverse impact on the Project and the local communities. Local people’s vulnerability to in-migration is considered to be medium as they are already poor, and the presence of migrants may somewhat limit their ability to take advantage of Project benefits. The magnitude of the impact is minor as it is unlikely to extend beyond the life of the Project and will be limited to the Project area of influence. Mitigation and enhancement measures will aim to help this be a beneficial impact, however without mitigation, the impact of induced development is considered to be an adverse impact of minor significance.

The implementation of the feeder roads project may result the impact related to gender based violence sexual exportation and abuse on the environment as well. To mitigate this, the contractor must recruit local people to prevent labor influx and GBV by conducting recruitment meetings supported by the grievance redress committees along the road at the cell level as they are the one living with community. SEA/SH/GBV incorporated see the last paragraph “The implementation of the feeder roads project may result into unintended social impacts related to gender based violence (GBV), sexual exploitation and abuse (SEA) or Sexual Harassment to community members or the project workers. Though this is not likely to be major risk to this project as the project will largely (98%) recruit local labor 102

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in the feeder roads project sites, as a mitigation measures, the contractor will prepare a GBV Action Plan as part of the Contractors ESMP, and all project workers including the contractor will sign a Code of Code. The GRCs established will cover GBV issues and the project will have a clear referral pathway for the GBV survivors.

Having recruited local people might not be enough but within the casual labors, there will be Workers’ Grievance Redress Committees to express their complaints and the women will be represented and weekly meeting, morning briefing will be considered. In abid to strength combating and raising the awareness campaign it is well stated the works contract as written bellow

The works contract states that: The engineer shall provide to the contactor a list for service providers which shall include recognized NGOs and others for conducting training on GBV, SEA and VAC. from the provided list, the contractor will enter into agreement with one service provider to undertake the GBV, including SEA child exploitation and abuse and sexual harassment in the workplace campaign. The cost of campaign shall be funded by the contractor from the provisional sum provided in the bill f quantity. The contractor shall make staff available for a total of 0.5days per month for formal training including GBV, SEA and VAC end of quote.

4.6 PUBLIC CONSULTATIONS AND PARTICIPATION Public participation and community consultation have been taken up as an integral part of social assessment process of the project. Consultation was used as a tool to inform and educate stakeholders about the proposed action both before and after the development decisions were made. This participatory process enables the participation in the decision-making process. Initial Public consultation has been carried out in the project areas with the objectives of minimizing probable adverse impacts of the project and to achieve speedy implementation of the project through bringing in awareness

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among the community on the benefits of the project. The project consultations were made to consult with the public as well as a number of local authorities, to determine their thoughts, opinions and feedback on the impact of the rehabilitation of feeder roads in Nyabihu District.

The PAPs were also provided with relevant and sufficient information on the project prior to its start-up. These stakeholders include the central and local authorities, as well as the population. Socio-economic information was obtained during informal meetings with local authorities during the field visits as well as the information obtained from field survey. Efforts were made to reach as many people as possible. For this purpose, the strategy of reaching people in public meetings was mainly exploited. To this end, public consultation was carried out with different groups and different areas. The approach of zoning was used to group close villages in one cell. A total number of 18 cells have been identified and a public consultation was held in each cell. During the consultation, PAPs asked different questions mostly related compensation and the project representative gave enough details on compensation. Land and properties incorporated thereon will be compensated on market value. The compensation will be added by 5% as per law provisions. During the organized meetings with district authorities more details were given and all the PAPs opted for cash payment. As along the road there houses in the right of way, PAPs are in the 3 categories: there PAPs who have other houses to shift in, there others who have space in behind the affected house and will build new ones. The district together with the project will facilitate speeding up the process of getting the construction permit, the last category are pople whose plots will be fully affected and will be displaced these will assisted to get plots in the settlement in the neighbourhood. Nyabihu district is much involved in the process of monitoring the livelihood of the PAPs and has promised to orgnaize special and week in the project area by bringing all the necessary equipment with the concerned district team and go home with land titles in one or two days.

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The table 30 provides details of Cells and the way roads have been grouped in the cells. Table 30: Cells of Public Consultation

S/ Cell Roads Date of Male Female Total N covere Public participants d Consultatio n 1 KIBISABO FR2 24/10/2019 52 27 79 2 ARUSHA FR2 14/11/2019 70 39 109 3 REGA FR2 14/11/2019 71 33 104 4 KABATEZI FR3 29/10/2019 82 15 97 5 GISIZI FR16 28/10/2019 66 47 113 6 GIHIRWA FR1 23/10/2019 55 48 103 7 GASIZI FR3 29/10/2019 49 35 84 8 KAREBA FR3 21/10/2019 65 47 112 9 MULINGA FR1 28/10/2019 70 38 108 10 MWIYANIKE FR4 23/10/2019 52 19 71 11 RUGAMBA FR4 23/10/2019 45 49 94 12 NYIRAKIGUGU FR3 21/10/2019 65 36 101 13 NYAMASHEKE FR16 28/10/2019 77 45 122 14 RWANTOBO FR1 23/10/2019 57 23 80 15 NYUNDO FR4 21/10/2019 57 57 114 16 KIBISABO TVET FR1 30/10/2019 202 102 304 SCHOOL 17 GS ST AGNES FR1 08/11/2019 241 86 327 GITEBE 18 NKOMANE FR9 28/10/2019 65 25 90 19 KEY ALL 29/11/2019 12 11 23 STAKEHOLDER S TOTAL 1453 782 2235 Source: Contractor’s Survey and field visit, August 2016 updated in 2019

4.6.1 Stakeholders

Involving stakeholders through participatory direct or indirect consultations is central to completion of the RAP. The stakeholders were those who have an interest in the project, and who will be involved in the further consultative process. The main groups of stakeholders met are: 105

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 Project Affected Persons (PAP);  Local authorities;  Community People and Road Users; and  Churches and cooperative leaders

During the consultative process, beside the local authorities and ordinary population (mainly PAPs), other social organizations were also invited to attend the communication meetings. They are church leaders and local cooperative leaders. The public consultation for ESIA and RAP was conducted at the same time.

4.6.2 Public Participation – Methods and Process During these consultations, the communities were explained about the project, its benefits as well as social and environmental impacts. The participants were encouraged to be open and express their concerns and claims. The presentation highlighted the project background, objectives, expected upcoming activities, social economic information, and environmental information. Moreover, the Contractors explained that land would need to be taken and that this would be managed via a resettlement action plan and that compensation would be paid for losses. The people contacted are reported in Table 31, 32 and 33:

4.6.3 Findings from Public Consultation Meetings

The data obtained from public consultation and views as well as concerns from different stakeholders are given in details in Table 31, 32and 33. The people who participated in the public consultation, their signed attendance sheets are available in Annex 4 and photographs are put at the end of this part. During the public consultation, people from the borrow areas, quarries and identified dumping the beneficiaries were also consulted, all risks like water, affected assets at the downstream, misbehavior by the truck drivers, machine operators all will singed code of conduct and the environmentalists from the client and consultant will monitor the use of the sites. They will also check implementation and rehabilitation plan submitted by the

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contractor. In case there a damage like blasting, excavation effects the contractor must cover the compensation

a) Consultation with District authorities and other government agencies at the district level

As earlier indicated, the District will play a critical role in the project. Thus, during the field visits, District authorities have been consulted for the purpose of raising awareness about the project and acquiring their views/ perceptions on the project. A meeting with District authorities was held on 15/11/2019 at the District headquarters as well as meetings with the Executive Secretaries of Sectors during public consultation meetings on 15/11/2019 in Nyabihu district there other stakeholders that are connected to roads component and they were also consulted to work on the utilities along the roads this are REG and WASAC and Private Sector Federation (PSF) as service providers as seen on the list of the stakeholders of Nyabihu district in table3 . Table 31 shows details of the consulted authorities.

Table 31: Authorities Consulted in Nyabihu District

S/N Names Function Contact 1 NDIZEYE Emmanuel District Executive 0788312749 Secretary 2 NZAFASHWANAYO District Road engineer 0785198594 Jean Claude 3 Karambizi Benjamin JDAF Officer 0788688667 4 BAVUGIRIJE Juvenal Director of One Stop 0788358595 Center Source: Contractor’s Survey, August 2016 updated in 2019

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The salient features of the meeting are presented below:

(i) Views from the District Director of One Stop Center

The Director of One Stop Center of Nyabihu District warmly welcomed the project as he is a member of the district project implementation team and knew about this huge investment, these feeder roads will facilitate the transport of agricultural products like milk in Gishwati farms where milk I s transported on heads of individuals and this affects the milk price because no vehicles can reach the site in the rainy season. We used to have land weeks to facilitate people obtain land titles but sometimes we fail due to broken bridges, landslides. As he is part of the district people whose one of responsibilities is compensation, he insisted on compensation of assets to be affected and he is committed to support in land title transferring as eligibility for compensation before civil works. <> he added

(ii) Views from the Road Engineer of Nyabihu District

The Road engineer of Nyabihu District fully supports the Feeder Roads Projectthe exisiting roads are in bad conditions and since the feede roads project is starting will improve the livelihood of people through jobs, the travel time will be reduced due to road conditions. There will be connectivity from different markets and trading centres. This road will trigger number of buyers from different sites as gakenke is between Kigali and musanze with potential buyers, before it was very hard to drive there due to road conditions, freight vehicles always get stuck and it inflates the maintenance cost and no business pople could there twice. he argued that the project components of vegetation control through tree planting as Gakenke is among the hill terrain to have

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landslide, the road sustainability will be high as some of them are cheap sealed roads and their maintenance will be cheaper and road lifespan will be increase. .

(iii) Views from the District Executive Secretary

As the overall monitor of the feeder road project at the district level, the Executive expects much benefits from the project. This project ia opportunity to our people in first category (very poor people). This project will increase network of linking many sectors . it was very hard during the community reach out program where we are sometimes stuck on the way going to mobilisation. Local community will benefit from this project and earn money for their household and hence improvement. The local community will be the beneficiaries and he was committed that they will super head the infrastructure put in Place to make sure it is safe during construction and maintained after construction .

b) Consultation with Cooperative Leaders

During the public consultation, leaders of cooperatives have been consulted with the aim of raising their awareness about the project and getting their views about the project as opinion leaders. These cicil society leaders are key to any development because they help the government implementing development policies Table 32 shows details about cooperative leaders consulted. Table 32: Details about consulted cooperative leaders

S/N Name of the Leader Cooperative Contact

1 Nshizirungu Vincent KOAIRA 0788338811

2 KARINIJABO CEMO 0783428178 GATARAMA

Source: Contractor’s Survey in August 2016, updated in 2019

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The salient feature of their views is that they all appreciate and welcome the project, as it will facilitate them to channel their production to the market. For the road users (mainly transporters) they point out that the rehabilitation of these roads will help them to decrease the cost of maintenance of their cars and motorcycles. Easy access to the market will certainly boost the value of their products. However, they all raised the concern of land in case the widening of the road requires land acquisition. They suggested that the project should avail a fair compensation for their properties, and payment has to be done before the transfer of their land.

c) Consultation with Church Leaders

During the public consultation, church leaders have been consulted, for the purpose of colleting their view and concerns about the project. Being opinion leaders, they are key stakeholders of the project their views are relevant due to their influential role in the society. They all appreciate the project and argue that infrastructures in general and roads specifically, are the engine of development. Thus, the rehabilitation of these feeder roads will bring development to the population. However, their prime concerns are related to the compensation, procedures that are followed, etc. They finally recommended that laws governing expropriation should be strictly observed during the project implementation, especially during the valuation and compensation payment. Table 33: Details about consulted church leaders

S/N Name of the Leader Church Contact

1 P. KAGORERO Seventh Day Adventist Church 0788848736 Christophe Rega

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2 P. Gashabuka Evariste Seventh Day Adventist Church 0788771690 Mulinga

Source: Contractor’s Survey, August 2016 updated in 2019

d) Consultative Meetings with community

As earlier indicated, public meetings were organized and held in different Cells after grouping close villages in one cell. Efforts were made to ensure that all prioritized feeder roads are represented in the public consultation. A total number of 2235 people (1453 male and 782female attended the meetings; and approximately 35% were women the venue and dates are detailed (see in Table 30). The main objective of the public consultations was to gather information on their concerns, perceptions, reactions and fears of the livelihood changes to be brought about as a result/consequence of rehabilitation of feeder roads in Nyabihu District. The specific objectives were:

 To create awareness of the project;

 To obtain beneficiaries’ feedback and concerns on the project;

 To obtain socio- economic and environmental information on the community.

After the presentations, the community was given opportunity to give their views, comments and queries. Different community problems were addressed during the meeting in which the local participants expressed repeatedly their main concerns as follows:  Lack of jobs and income generating activities  Road safety issues;

 Very poor road conditions in some villages;

 Lack of sidewalk;

 Narrow local roads.

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Any comments or questions raised by stakeholders were responded and recorded. Employment opportunities in jobs associated with the rehabilitation of feeder roads was a theme brought up in the meetings. The Contractor explained that positive and negative impacts of the project on people and the environment would be analysed such as air pollution, dust, influx of people, employment, traffic, road safety, etc. The Contractor team highlighted that the project will follow government policies in protecting the population.

All the participants confirmed that they appreciate the Feeder Roads Development Project. The project received high degree of acceptability in that rehabilitation of the roads will boost local economy due to increased usage of the roads hence more exposure and increased trading opportunities. The data obtained from public consultations and views as well as concerns from local communities are given in details in Table 34.

Table 34: Summary of Feeder Roads’ Public Consultation in Nyabihu District

S/N Gender Category of issues and opinions Feedback from the project by the community are related to: 1 Men Loss of land, trees and houses and There will be full compensation in cash through bank accounts 2 Worry on the job opportunities as Majority of casual labors will they always see people in the trucks come from the local people in road construction sites 3 people who don’t have permanent The concerned people must go land title to the cell and register them and the district facilitate obtaining them case by case 4 Women Job opportunities for breast feeding The contractor will be required and contracts to construct breastfeeding stations in specific sections where necessary and women will get work contract like others as per labor law. Women will be paid as per the contractual amount like others and will be assisted to take care

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of their babies during working hours 5 GBV handling as there will a big There will be a service provider number of workers walking from to raise the awareness on GBV home to job everyday and control mechanism by introducing the workers GRCs and the network with local leaders will be strengthened in project are. Source: Primary data genereted through public consultation, May2016 updated in 2019

During public consultation following points have emerged as their recommendations:

 The PAPs and other stakeholders consulted are in favor of the project;  The PAPs will prefer financial compensation for houses and other properties likely to be affected;  Most of the PAPs are looking forward to get employed by the project, and hope the project implementation to start soon. Detailed minutes of public consultation meetings, signed attendance list of people who participated in public consultation and photos are presented in appendices of this report.

e) Photos of Public Consultation

Photo: Public consultation in general assemblies on feedback from the community

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Photo: Awareness campaign within schools on safety in Nyabihu

5. RESETTLEMENT AND COMPENSATION STRATEGY 5.1. Institutional implementation arrangements Compensation and entitlements are particular and specific impacts resulting from the project. Article 2 and 28 of Rwanda expropriation law No 32/2015 of 11/06/2015 entitle the landholder to compensation for the value of the land and activities on the basis of size, nature location considering the prevailing market value. The resettlement and compensation strategy primarily include the identification of affected families and land asset inventory of the Project Affected Parties (PAPs). During this exercise, the activities will be the following: I) Notification to affected parties; ii) Agreement on compensation, including agreement and further development of rehabilitation measures; and iii) Preparation of contracts, compensation payments and provision of assistance in resettlement. A detailed of full resettlement action plan will be developed and be implemented under a certain institutional arrangement. The implementation arrangements of the RAP build on: . The arrangements for the overall program management is of Ministry of Infrastructure; . MININFRA will associate agencies at the National, District and Local levels for co-ordination; and . RTDA as the main implementing agency will work in close coordination with Ministries and agencies at the National, District and Local levels for coordination. An institutional matrix has been prepared in this RAP for the implementation of the Resettlement Action Plan as reported in Table 30. RTDA

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as an implementing agency is responsible for RAP implementation through the Project Implementation Unit (PIU) at RTDA and together with the District Project Management Team (DPMT) composed of the feeder road engineer, who super heads the works, social safeguards officer who follows the implementation of RAP and the ESHS, and the district road engineer who supports in following up technical part at district level , the director of district One Stop Center, the district land valuer officer; who deals with valuation process and the district agronomist who helped in identification the most priority agricultural zone as one of focus for the project. . On the district side, the district Executive Secretary is the overall monitor of the smooth implementation of the project, besides this, RTDA with the district signed the FRDP implementation agreement. Regarding the social and environmental safeguards at the central level will also support in guiding reviewing safeguards documents. They will also monitor the compliance and compensation process and the capacity of implementing the RAP; at RTDA level the project has three (3) Social Safeguards Specialists and two (2) Environmental Safeguards specialists that support the district to ensure effective implementation of RAP and environmental management plans.

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5.2. Criteria for expropriation and compensation

Introduction

This section describes the definition of displaced persons and their affected assets/properties and the criteria for determining their eligibility for compensation and any other displacement assistance to be rendered to the affected persons. The appropriate agreed on cut – off dates applicable to the road sites are provided as well.

Principles Guiding Eligibility for Compensation

The National law on expropriation Law No 32/2015 of 11/06/2015 relating to expropriation, timely and full compensation is to be done to affected PAPs for their property acquired for the implementation of project infrastructure. According to WB OP.4.12, Land and other property owners need to be identified and the extent of their rights. It is also important that tit is communicated well to the affected PAPs to understand the value of their affected property. OP 4.12 requires resettlement plans or policy frameworks to ensure that those who are displaced are informed of their options and their legal rights and that they are consulted regarding feasible alternatives to the proposed resettlement.

The compensation and budget for the RAP will derive its guiding principles from the national expropriation law and legislation and the World Bank OP 4.12 Procedures on involuntary resettlement. The eligibility for compensation/ displacement for displacement clarifies who is entitled to receive compensation and vice versa, which losses of property/assets/income are compensated and what evidence is relied upon in order to support a claim for compensation.

Eligibility for Compensation

The eligibility for compensation is based on:

 Cut-off date  Ownership of property / Assets  Source of livelihood measures

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Eligibility and Cut - off Date

In this RAP, an eligible or displaced person is the affected person irrespective of their status who occupied the land on which the structure or property in reference is located or engaged in any livelihood/income-generating activities around the project intervention areas before the applicable entitlement cut-off date(s) for the respective areas. As per the OP 4:12, it is the date the census activity begins, those in the area before the census begins are eligible for compensation and assistance, as relevant and those who arrive after the cut-off date are not. This was explained to the community members and PAPs during the consultation meetings with the PAPs and the different project stakeholders in presence with the local authorities. The cut- off dates were adequately discussed and agreed on by the PAPs. The cut-off dates were disclosed to the affected persons and communities during the RAP study review consultation meetings. It was explained that any individuals who moved into the area after the established cut - off dates will not be eligible for compensation and other resettlement assistance.

The cut-off dates established for the settlement sites are as shown below. Note that the original cut-off dates for 2018 were maintained.

5.3. Valuation and Compensation As per the Expropriation Law, all people affected by expropriation must receive fair and just compensation. The calculation of fair and just compensation is to be calculated by independent valuers. Without prejudice to other laws, the value of land and property incorporated thereon to be expropriated in the public interest shall be calculated on the basis of their size, nature and location and the prevailing market rates.

In this regard, the article 22 of the Law N°32/2015 of 11/06/2015 governing the expropriation stipulates that Land values and prices for property incorporated on land consistent with the prevailing market rates provided under this Law shall be established by the Institute of Real Property Valuers in Rwanda. The world bank OP4.12 in its operational manual stipulates the borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. 117

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However, considering the available information, it seems that the land values and prices for the property incorporated on the land are not yet published. In the meantime, there is an arrangement whereby the valuers determine the prices considering the prevailing market rates, approved by the District council in line with the article 9 of the Law N°32/2015 of 11/06/2015. Nevertheless, this RAP provides the guideline of the above ministerial order. In order to ensure that OP4.12 requirements are met for valuation; these valuation methods are to be adopted for all section of the proposed feeder roads. The following methods of calculation are adopted for assets valuation. a) Compensation for Land Land for land and cash compensation are the compensation options. The replacement of and should be equivalent to productive value, size and located in the community or at a nearby resettlement area, with similar social and physical infrastructure systems as well as secured tenure status. For the purpose of cash compensation, land and properties on land should be valued based on the prevailing market value in the locality (local market price variations as provided by the Institute of Real Property Valuers in Rwanda). In addition, any associated costs of purchasing the land including land rates, registration fees will need to be included in the compensation calculation. Where land lost is only a small proportion of total land owned by the PAP, but renders the remaining land as unusable, the compensation provided should be calculated based on the total land affected (the actual land lost plus the remaining unusable land). The area that will be lost for the development of feeder roads in Nyabihu district is estimated to 32.9 ha for 10.5 m of RoW and will be financially compensated. During the consultation none of the PAP wished to get land for land as the size of the land each individuals is from 0.5m to 6.4 m width and people in rural areas have small portion of land where most of people have less than 0.5ha. As per the expropriation law, 5% of the total cost of compensation will be given to the PAPs either land or other assets the amount is added on the valuation sheet and presented to the PAPs during the disclosure

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b) Compensation for Crops and Trees The PAPs will be encouraged to harvest their produce before feeder road development activity. In order to ensure that this is possible, and that appropriate market prices are received for yields, there needs to be sufficient consultation beforehand so that harvesting can be properly planned. In the event, where crops and trees cannot be harvested, compensation for loss of crops and trees will be provided as follows:  Provision of cash compensation for value of crops and trees lost, as per the Rwandan expropriation law;  Provision of good quality seed or seedlings appropriate for the resettled areas, fruit tree materials inclusive;

In addition to compensation for tree and shrub losses, the planting of tree species will be done along the improved roads for the road protection and replacement of tree species lost. c) Compensation for houses and other Structures There are different options for compensating structures on land that will be expropriated. Cash compensation at full replacement value or any other form mutually agreed upon by the expropriator and the person to be expropriated are some of them (Article 35 of the Rwandan expropriation law No 32/2015 of 11/06/2015).

- During public consultation meeting, many of PAPs requested for cash compensation for their houses. In the project area, 100 houses will be affected by road widening activities and will be relocated. Physical relocation/Displacement/loss of houses

- Self-relocation: Losing the houses but want to construct houses in their plot as remaining land is viable. - Other have second house/alternative plots elsewhere and need cash. (Compensation & 5%) - For People who will construct houses on their own (self-relocation). Relocation support will be provided disturbance allowance 5%, district and project to monitor 119

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construction linked disbursement, facilitation to PAHs to receive the construction permits etc for self-construction.

- Facilitated relocation- - If anyone lose all the land parcel or substantial portion and the remaining becomes unviable, and as a result becomes landless due to the project, project will facilitate that PAH to get alternative parcel of land in the neighborhood or a plot in the District formal group settlement to construct his/her new house, house construction & Support for redevelopment in settlement areas (model village)

As per the Rwandan expropriation law and results from public consultation, the PAPs in Nyabihu District losing houses will be provided with cash compensation at full replacement value to build their new houses. The district together with the project will facilitate 10 PAPs who will be displaced and don’t have enough space at the back side and will facilitated obtain construction permit in short time with combined requirement forms in collaboration the concerned district staff. Other PAPs with enough space and want to reside closer to the road the district one stop center will facilitate organizing land week in the project area to make sure they obtain land titles shortly as done in one or two days Replacement costs will be based on:  Sizes of structures and materials used;  Average replacement costs of different types of structures based on information on the numbers and types of materials used to construct different types of structures;  Prices of materials used in the structure based on local market rates;  Transportation costs for delivery of these materials acquired for replacing the structure;  Estimates of construction of new buildings including labor required;  Any associated costs including rates, taxes, and registration fees among others.

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Furthermore, resettlement assistance will be provided in the form of a moving allowance (at full costs of transport expenses, land registration or transfer fees). As the Rwanda is implementing grouped settlement, affected people, living in high risk zones, will be offered plots in selected sites for house construction.

f) Assistance to vulnerable people In addition to compensation allowances, the poorest vulnerable people will be facilitated to get reestablishment of livelihood activities (financial credits for equipment, health insurance, etc). The field survey done revealed that vulnerable group (people with disability, orphan, households headed women and elderly people) represents 34.6% of the total project site population. The poorest vulnerable groups will be given the option to select any training they wish, which would help them to maintain and/or improve their income generation potential. The project will also work with the District to ensure that vulnerable people within the subproject area are included among the vulnerable groups getting government support for their livelihoods.

The skills training program will be designed during project implementation.

Table 35: Actions provided for livelihood restoration of the vulnerable PAPs

Livelihood Description Comment Time frame restoration options Access to RTDA/SPIU will closely work with This will ensure First 6 Months of the medical local administration to ensure the continued physical project implementation insurance vulnerable PAPs receive medical health to the PAPs insurance Off Farm Provide training to earn income in First 6 Months of the Training non-agricultural work, provision of This will open up project implementation and facilitation to access financial new options for credit for equipment the PAPs to start

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Improved Improved transport of production other income First 6 Months of the Agriculture from subsistence crops and produce generating project implementation cash crops activities Connections to agricultural zones Option of Severely affected PAPs and those First 6 Month of the other trainings from vulnerable groups will be given project implementation of PAPs choice the option to select any training they wish, which would help them to maintain and/or improve their income generation potential. The skills training program will be designed during project implementation

g) Project related job opportunities Affected persons will be prioritized in gaining employment in the works linked to the feeder roads rehabilitation. MININFRA/FRDP and District will ensure that this is properly done.

h) Resettlement measures for each type of losses The table below describes resettlement measures accepted for each type of losses :

Table 36: Resettlement measures to be applied to each type of losses

PAPs Item Unit Quantity Compensation Measures Cost category 920 Trees Number 10,193 Financial Compensation and 10,193,000 compensation in 545 Crops Ha 6.2 Financial Compensation 62,000,000 1444 Land Ha 32.9 Financial Compensation 230,300,000 100 House Number 100 Financial compensation 500,000,000

15 Live M 52 Financial compensation 26,000 fences 7 Water taps Number 6 In kind compensation 40,800 Total A 802,559,800 Disruption 40,127,990 5% Compensation for 40,127,990 disruption Grand Total 842,687,790

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Source: Field survey and Analysis, May 2016 updated in 2019

i) Payment modalities and responsibilities of all stakeholders The article 35 of the expropriation law N° 32/2015 of 11/06/2015, stipulates that fair compensation can be paid in monetary form in the Rwandan currency or in any other form mutually agreed upon by the expropriator and the person to be expropriated.

The article 38 of the expropriation law N° 32/2015 of 11/06/2015, provides that the Monetary fair compensation shall be deposited into the account of the person to be expropriated opened with a recognized locally-based bank or financial institution of his/her choice. Each PAP will be encouraged/ requested to open a bank account before the payment is done. Currently, the Saving and Credit Cooperative (SACCO) is a recognized micro-financial institution based at the Sector level and farmers are encouraged to open accounts in SACCO from their respective Sector because it is very close to their homes. In order to ensure the good governance of the compensation, different stakeholders perform their respective responsibilities as follows: a) Rwanda Transport Development Agency/ FRDP:  Informing the District that payment was done. The payment order accompanied with the payment lists are released to the District to inform that PAPs were paid through their accounts;  Requesting for financial report from the District;  Conducting regular crosschecking visits to PAPs and banks to ensure PAPs were paid and properly use the compensation. Particular attention is given to those losing their houses and needing to construct new houses. b) District  Following up with RTDA on compensation of PAPs properties.  Requesting for financial reports from the PAPs bank/SACCOs;  Submitting the financial report to the Project;

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 Conducting regular crosschecking visits to PAPs and banks/SACCOs to ensure receipt of the compensation and its proper use;  Handling complaints or grievance raised by PAPs.  Participate in consultation meetings.  Participate in census and survey activities of PAPs assets to be affected. c) Financial Institution  Transfer of compensation payment to the respective PAPs bank accounts;  Producing the financial report after payment and submitting it to the District. d) PAPs

 Opening up bank account in a recognized financial institution of his/her choice;  Ensure that compensation payment is used in the right way for a better livelihood than before.  Raising issue/ complaint related to compensation payment, if any.  Attend site consultation meetings and meetings with the GRCs.

5.4. Complaints Procedure

The Article 33 and 34 of the Expropriation Law N° 32/2015 of 11/06/2015 provides complaints procedures for individuals dissatisfied with the value of their compensation. Article 33 of the expropriation law stipulates that, 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. However for record, the following mechanism may be adopted.

 Registration of the complaint, grievance or dispute case by the District Grievance Redress Committee (GRC);

 Processing of the grievance or dispute until closure is established based on evidence that acceptable action was taken by GRC; and

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 In the event where the complainant is not satisfied with action taken by GRC as a result of the complaint, an amicable mediation can be triggered involving a mediation committee independent from the Project.

5.4.1 Grievance Redress Mechanisms The Grievance redress mechanism is one of the strategies that are put in place to monitor and resolve complaints that may arise during or after the Project implementation by the affected people. Grievance redress mechanisms will be required to ensure that project affected people (PAPs) are able to raise complaints or concerns, without cost, and with the assurance of a timely and satisfactory resolution of the issue. The procedures also ensure that the entitlements are effectively transferred to the intended beneficiaries. All stakeholders will be informed of the intention to implement the grievance mechanism, and the procedure will be communicated before the starting of civil works. In Nyabihu district 15 grievance redress committees were formed and were trained on grievance handling The Grievance committee is elected by the Project affected people during consultation meetings held between the District officials, RTDA/Project representative and the project affected people. The elected committee is based at the cell level and is made up of at least 7members. The PAPs select and vote for 3 candidates (President, Vice president and women, youth and people with disability representative); the Village leader is selected by the cell executive secretary, the social and environmental officers from the Contractor, district safeguards staff and supervising company are also part of the grievance committee. The feeder roads development project will employ local people through the contractors.

Casual labor will come from the local community and complaints may arise within the site either related to (late payment, illegal contract termination, extra working ours) offended by the contractors , the feeder roads project will guide the formation the workers’ grievance redress committees “RTDA will provide a grievance mechanism for workers (and their organizations,) to raise reasonable workplace concerns. RTDA will inform the workers of the grievance mechanism at the time of hiring, and make it easily 125

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accessible to them. The mechanism should involve inappropriate level of management and address concerns promptly, using an understandable and transparent process that provides feedback to those concerned, without any retribution. All the grievance committees will meet twice a month to check on the progress of complains and take decision to the pending ones for quick reaction. For gender based violence cases GRCs are limited only report to the Isange One Stop Center for handling and recording the case without names of the victims. The contractor will identify the service provider to develop the capacity building and raise the awareness on gender based violence and SEA and VAC within the site and the neighborhood. The cost will be reimbursed as stated the contract

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Photo: Formation of the grievance committees in Nyabihu, training of GRC on GBV

a) Established procedures for Grievance redress mechanism The Grievance Redress Mechanism (GRM) ensures that complaints are received, reviewed and addressed by the elected Grievance redress committee.

The Grievance committee will be elected by the Project affected people during the second consultation meeting to be held between the District officials, Project representative and the project affected people. The elected committee is based at the cell level and is made up of at least 4 members. The PAPs select and vote for 3 candidates (President, Vice president and women and vulnerable representative); the Village leader is selected by the cell executive secretary and the PAPs, the social and environmental officers from the Contractor, Project and supervising company are also part of the elected committee.

All grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed to the subproject GRC and resolved in coordination with the District Administration. In practice, grievances and disputes that are most likely during the implementation of a resettlement program are the following:

 Misidentification of assets or mistakes in valuing them; 127

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 Disputes over plot limits, either between the affected person and the Project, or between two neighbors;

 Dispute over the ownership of a given asset (two individuals claim to be the owner of the same asset);

 Disagreement over the valuation of a plot or other asset;

 Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset;

 Disagreement over resettlement measures, for instance on the location of the resettlement site, on the type or standing of the proposed housing, or over the characteristics of the resettlement plot; and

 Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements.

 Dispute over offsite impacts (for instance, runoff water from the road causing downstream damages) b) Grievance resolution approach It is encouraged to resolve the issues at Cell and Sector levels, as they are so close to the affected communities, aware of and involved in the whole process. The unsolved grievance at the cell level can be referred to the sector and the district committee. The relevant local administration will then attempt to resolve the problem (through dialogue and negotiation) within 30 days of the complaint being lodged. If the grievance is not resolved in this way, the dissatisfied party can refer the matter to the competent court. Local courts should be used. If not resolved, then the high court or court of appeal of Rwanda remains an avenue for voicing and resolving these complaints.

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Figure 3: The Grievance redresses Mechanism Organogram

MININFRA/FRDP will follow up the aggrieved PAP at each level to ensure that the grievances are resolved. Each sector should identify one PAP to work with MININFRA/FRDP, Contractor, supervising firm and the local leaders to ensure that the grievances are attended to in time. The channels of receiving complaints include presentation of complaints via face to face meetings, written complaints, telephones, email communication, third party (e.g., farmers’ organizations, Church, private sector, etc). c) Grievance Logbook

The GRC (Grievance Redress Committee) will ensure that each complaint has an individual reference number and is appropriately tracked, and recorded actions are 129

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completed. The log will contain record of the person responsible for an individual complaint, and records dates as shown in the table below in local language as it is filled by the grievance redress committees at the cell level:

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COMPLAINT FORM

IFISHI YO KWAKIRIRAHO IBIBAZO MU GIHE HASHYIRWA MU BIKORWA UMUSHINGA WA FRDP/ COMPLAINT FORM TO BE USED DURING FRDP IMLIMENTATION

No Amazina/ Itariki Uburyo Aho Ubwoko bw’ Incamake Icyiciro/categ Icyakoz Igihe Aho bigeze Aho Aho bigeze Names ikibazo cyatanzw ikibazo ikibazo/type of y’ikibazo ory : we/how cyakore + iminsi bigeze + + iminsi 90 cyakiriwe-ho/ e/ means cyakiririw complains: / - complai we/date iminsi progress dates on on which e/ place Ubusabe, summary Kwimurwa/d nt was on 30/ beyond 90+ which the complain where the request of isplacement - addresse which progress 60 complaint t was complaint Impungenge, complain Rwiyemeza- d complai beyond progress was received received was concern Ikirego: t raised mirimo/ nt was 30+ beyond received court case contractor raised 60+

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d) Monitoring Complaints The District Project team will be responsible for:

 Providing the sub-project GRC reports on a bi-weekly basis detailing the number and status of complaints;  Any outstanding issues to be addressed; and  Monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action. Transport and communication incentives of grievance redress committee is estimated at 5,400,000 Rwandan francs

Unit price Number Duration/months # GRC set Members Total per of up in per 1 amount to meeting meetings Nyabihu grievance be paid per committee month 3000 2 15 15 4 5,400,000

5.5 Monitoring and Evaluation A monitoring and evaluation (M&E) program are required to be developed to provide feedback to project management which will help keep the programs on schedule and successful. Monitoring provides both a working system for effective implementation of the RAP by the project managers, and an information channel for the PAPs to assess how their needs are being met.

The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring program of the entire proposed Resettlement Action Plan for Nyabihu Feeder road development project, which will fall under the overall responsibility of the hired independent supervising firm, RTDA and district authorities. The RTDA will have responsibility for ensuring monitoring is undertaken with the Resettlement and Compensation Committee coordinating 132

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efforts, these are members of the District Project Management Team composed of the project engineer, social safeguards officer, district gender officer district land valuator, agronomist and the director of one stop centre and Executive Secretary who is the overall monitor of the project implementation at the district level. As required by the expropriation law 2015 and the OP4.12 the expropriation and compensation will be done by the independent certified valuer to carry out valuation process. As the service provider will hire service providers on GBV the later coordinates with the district gender officer.

Periodic evaluations will be made in order to determine whether: (1) the PAPs have been paid before implementation of the project activities; (2) economic rehabilitation measures have been implemented; and (3) the PAPs have the same or higher standard of living than before. A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively and qualitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing.

Suggested monitoring indicators are outlined below and include (and not limited to):  Number and place of public consultation meetings held with PAPs and local authorities in preparation of or during RAP implementation;  Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned);  Number of complaints: (total received, total justified; total non-justified. This should include the subject matter for all complaints; an explanation for non- justified complaints (total resolved at various levels including the type of agreement reached; total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or FRDP), the referral and the subject matter. Suggested performance/evaluation indicators include:

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1. Total nature and level of all complaints received, resolved; 2. Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan;  Revival of affected farming activities within 4 months after the compensation payment;  Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly.

In addition, an independent audit will take place at the completion of the RAP implementation. The monitoring and evaluation team from the district and Central level from RTDA will make a close follow up of the implementation of the service provider hired by the contractor to conduct awareness campaign on GBV, SEAS and VAC as per contract provision

There will be monthly progress report on cross cutting issues reported to the client by the contractor on GBV

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Table 37: Resettlement and Compensation Monitoring Programme

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

Compensation for Compensation Amount of Money Payment List Before the start of construction 2 Land Received Received/ Receipt works and whenever required House and fence Compensation Amount of Money Payment List/ Before the start of construction Compensation Received Received House Title works and following up on the affected PAPs during construction of their new homes as required

Compensation for Compensation Number of public Counting of Before the start of construction public water taps Received water taps built operational public works and whenever required 3 water taps newly built

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Grievances Complaints Number of Meetings of Grievance Monthly Basis 4 Mechanism Received resolved issues committee with and related dissatisfied PAPs minutes

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5.6 Community Involvement Infrastructure development projects are designed and implemented for the good of the public. It is frequently unavoidable that the implementation will have immediate adverse impacts on certain members of the community. Such adverse impacts put respective households or individual at risks. Whenever such negative impacts are foreseen, a resettlement is prepared to address and mitigate against such negative impacts. The World Bank OP 4.12 stipulates that any displaced persons and their communities including any host communities should be provided with timely and relevant information and consulted on resettlement options. The communities and project- affected persons should be also offered opportunities to participate in planning, implementing and monitoring resettlement.

The primary objectives to involve communities and to consult with the PAPs are to:

 Develop constructive public opinion that will lead to the execution of a fair and participatory project;

 Promote an environment for the participation and decision making of the communities in solving their own problems;

 Encourage a participatory process of all entities involved in the project’s development;

 Develop a community participation and consultation plan for its future implementation of a final Resettlement Plan.

 Encourage the PAPs to be open-minded to share insight information about the land tenure, to make known their concerns and claims and to be transparently

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informed about the project and grievance process for their own rights and for lodging complaints.

During the fieldwork, a number of community meetings, discussions, consultations, interviews were conducted within the footprint of the project with households and commercial entities that are likely to be affected by the project, with the local administration, community leaders, District staff, social workers, police officers. Individual interviews/consultations with individual PAPs were conducted, including farmers and commercial entities.

5.7 Approval and Disclosure of Resettlement Action Plan (RAP) As The OP4.12 requires the preparation of the Resettlement Action Plan, this RAP was prepared by the contractors and reviewed by the consultant and RTDA. the Government of Rwanda will submit the document to the World Bank for clearance. The clearance of the RAP will allow the Government of Rwanda disclose it locally on the famous radio and the local newspapers with a higher readership to let the public be aware within fifteen (15) days and the document will be disclosed on the RTDA website. The local disclosure will allow the World Bank disclose it on its info shop. The Rwanda Transport Development Agency will also disclose the Resettlement Action Plan (RAP) by making copies available at its head office and in District/ Sectors/ Cell where the project is situated. The copies shall also be made available to the local government’s agencies, the Environmental and Social Group and other stakeholders. When there is a change on the RAP the disclose protocols will be followed.

5.8 Budgets for RAP In the event of a property loss occurring to an individual during the project implementation, this loss should result into compensation and the project has to budget

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for it. The article 3 (2) of the law N°32/2015 of 11/06/2015 governing expropriation stipulates that he or she should receive just compensation for his or her property loss.

This entitlement is based on the figure arrived at by an accredited Institute of Real Property Values in Rwanda. Article 4 of this law also stipulates that any project that results in the need for expropriation for public interest shall provide for all just compensation in its budget. Through mutual arrangement, both parties can determine the mode of payment. Article 35 of the Expropriation Law provides that through an agreement between the person to expropriate and the one to be expropriated, just compensation may either be monetary, alternative land or a building equivalent as long as either option equates to fair and just monetary compensation. In case the determination of ‘just’ compensation exceeds in value the alternative land given to the expropriated person, the difference will be paid to the expropriated person. In this context, monetary compensation will be used for the payment of feeder roads PAPs of Nyabihu District. Land acquisition and compensation will be undertaken according to national legislation with particular reference to the Law on Expropriation for Reasons of Public Use. 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. The estimated cost will refer from the published expropriation rates by the Institute of Real Property Valuer in Rwanda (IPRV)2018) November 2018. Based on field visits, the data on compensation rates have been prepared and summarized in Table 38for agriculture produce (crops and trees).

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Table 38: Tree Compensation Budget

S/N Type of tree/ crop Unit Valuation Rwf 1. Avocado (Young) FRW/Tree 3,000 2 Avocado (mature) FRW/Tree 20,000 3. Eucalyptus (Mature) FRW/Tree 6,000 Eucalyptus (Young) FRW/Tree 1,000 5. Grevillea (Mature) FRW/Tree 5,500 Grevillea (Young) FRW/Tree 1,000 6. Mango (mature) FRW/Tree 10,000 Mango (Young) 2,000 7. Goyava (Mature) FRW/Tree 10,000 Goyava (young) FRW/Tree 2,000 8. Acacia(mature) FRW/Tree 6,500 Acacia (young) FRW/Tree 1,000 10 Macadamia (Mature) FRW/Tree 30,000 Macadamia (young) FRW/Tree 2,000 11. Cypres (Cupressus) (Mature) FRW/Tree 5,300 Cypres (Cupressus) (Young) FRW/Tree 1,000 12 Tea FRW/Tree 3,000 13 Arnus FRW/Tree 4,200

Based on the impacts earlier described, this section presents the budget/cost estimates according to the aforementioned valuation methodologies and unit value rates. The estimated budget/ cost for RAP is summarized in the. Table 39 bellow:

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RTDA Resettlement Action Plan for Selected feeder roads in the District of Nyabihu, Rwanda

Table 39: Estimated Cost/Budget for the implementation of RAP

S/N Impact Description Unit Quantity Frequency Rate Total (RWF) A Compensation For Loss 1 Loss of Land Ha 32.9 Once 700/m2 230,300,000 2 Loss of Crops Ha 6.2 Once 1000/m2 62,000,000 3 Loss of Houses Number 100 Once 5,000,000 500,000,000 /House 4 Loss of Trees Number 10,193 Once 1,000/pcs 10,193,000 5 Loss of live Fence M 52 Once 500/m 26,000 6 Valve Chamber Numbers 0 Once 0.00 (60x60x75 cm) 7 Replacement of Numbers 6 Once 6800/m3 40,800 Water Tap 8 Livelihood Household 285 Continuous LS 24,000,000 restoration for s vulnerable PAPs and displaced 9 Transport & Amount/ 15 Continuous 3000/ 5,400,000 Communication for number meeting 15 grievance redress committees Total Once 831,959,800 B Disturbance 5% 41,597,990 allowance Grand Total 873,557,790 Contingencies (10%) 87,355,779 Grand Total 960,913,569

During the feeder roads implementation, gender budget4 statements crosscutting issues like GBV, VAC and SEA were captured in the tender document and well stated in the works contract.

4 The works contract states that: The engineer shall provide to the contactor a list for service providers which shall include recognized NGOs and others for conducting training on GBV, SEA and VAC. from the provided list, the contractor will enter into agreement with one service provider to undertake the GBV, including SEA child exploitation and abuse and sexual harassment in the workplace campaign. The cost of campaign shall be funded by the contractor from the provisional sum provided in the bill f quantity. The contractor shall make staff available for a total of 0.5days per month for formal training including GBV, SEA and VAC end of quote.

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ANNEXES

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ANNEX1: Photographs of Public Consultation Meetings, Minutes of Public Consultation, List of Participants during Public Consultation Meetings

SAMPLE OF MINUTE OF CONSULTATION MEETING (ENGLISH VERSION) AT KIBISABO TVT LOT2 DATE: 30/10/2019 Venue: Kibisabo TVET School

INTRODUCTION

RTDA in partnership with Nyabihu district the main client, are implementing the Feeder Road Project (FRDP). This project is expected to contribute towards that all agricultural potential production areas be connected to markets and hence improving the livelihoods of the population in Nyabihu district.

In Nyabihu, 3 lots covering 93km of road length are going to be constructed. Lot 1&3 covering 60km are going to be performed by JV CSC& EC (PROPRIETARY) & FAIR CONSTRUCTION LTD and Lot 2 of 33 km will be constructed by JV CRBC and NPD.

Prior to road construction activities, RTDA and Nyabihu district the main client together with the contractor conducted community and public consultation meetings in order to build awareness about the project and to build ownership among the community. This activity is part of Resettlement Action Plan updating

Among the community to be consulted, pupils and teachers of Schools crossed by the entire selected feeder roads are part of community to be consulted.

On 30/10/2019, the meeting was conducted at Kibisabo TVET, one of the schools crossed by Lot 1. The mobilization or awareness campaign was done by JV CSC & EC and Fair Construction Ltd and RTDA with its main partners namely Nyabihu Traffic Police to discuss about traffic Management and The staff from the Health center to mobilize the public on Gender Based Violence (GBV) and Sexual Transmitted Diseases (STDs).

In this school, Students 200 pupils with 103 girls and 97 boys were trained about how they must behave during the execution of road construction and where they can report any case concerning different kinds of violence towards them and report on time. Apart

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from students, the School staff also w there and composed by secondary school teachers with their Headmaster and other school administrators.

Awareness campaign on road safety, GBV and STDs in Nyabihu on Kibisabo Masha Arusha road for Lot 2.

Agenda

1. Project awareness 2. Anticipated social and environmental issues 3. Questions/ comments

 FRDP awareness:

The Social Safeguards Officer/RTDA provided the brief explanations on FRDP as a project aiming at improving the wellbeing of the population by improving the road access to farmers in rural areas so as to minimize post-harvest loss and high transport cost across the country. The project has different social and economic importance like job creation, easy access to different public means like health centers, markets, SACCOs and Banks, schools and public offices. In fact, the project will facilitate the mobility of goods and persons as well as to create addition value to the harvest and properties.

On the other side, some environmental and Social issues can be generated from the project implementation. Among others, GBV and STDs spread, traffic accident and noise pollution, loss of land and different properties, dust emission but the project has different mitigation measures.

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The discussion focused deeply on GBV and STDS traffic accidents as well as school drop out as a result of the created job opportunities where some students might tend to search jobs at the operating site. To this last pointed issue, it is clear that the contractor agreement is to hire adult labor so the use of the person under 18 years old is prohibited and the policy of Rwanda protecting the right of children is clear and child labor is prohibited and laws punishing the person who can violate this law is well provided.

From this notice, teachers as well as pupils are recommended to share information about school dropout cases on the right time.

The discussion deeply focused on GBV and STDS, the session was provided by the staff from Rwankri Health center in charge of GBV and traffic accidents provided by the traffic police staff from Nyabihu district.

1.GBV and STDS

Main discussed points -Types of violence and associated risks (focus on early pregnancy, STDS) - Some causes that can promote GBV (culture norms, alcohol and drugs abuse, wars/ insecurity etc) - How to prevent GBV cases and the way forwards once GBV case happens

From this session, especially girls were recommended to be careful for the GBV cases as they can be tempted more from the contractors’ labor who can abuse them by offering some gifts in order to get an indirect room to be able to abuse them; normally students must be satisfied with whatever provided from their family and focus on studies. Even if the level of GBV cases for men is assessed to be a problem like that observed from women, men are advised to build a protection mechanism to women to ensure the sustainability of our country.

2. Traffic accident:

During road construction activities and after the project closer, the increase of traffic movement is highly expected and this is not familiar to the local population especially children. The FRDP implementation can increase vulnerability to accident on pupils and students where school are crossed by those roads. The contractor will set a sensitive traffic management plan especially near schools and other public places. RTDA and Traffic police will work closely to ensure the smooth movement in the road but the

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ensured prevention of accidents is personal so pupils, students and teachers are advised to secure the security of their movement in those roads.

Comments and Questions

 Some students asked if they can benefit for FRDP the job as they are above 18 years old? A/ FRDP can’t interfere with education, but is can be one way to improve education sector. No student will dropout from school to get the job in the project whatever the age he has, the community is recommended to work closer to the project to provide necessary information concerning school dropout cases that might happen in order to take action on time.

 The comments from students and the school staff: The school staff and student thank the government of Rwanda for the efforts put in the road construction as their school will benefit more from the FRDP. In order to maximize the benefit, the school has requested RTDA and contractor to assist the school to have the retaining wall at their school boundaries.

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INYANDIKO MVUGO Y’INAMA Y’ABATURAGE BO MU KARERE KA NYABIHU, UMURENGE WA BIGOGWE, AKAGARI KA REGA UMUSHINGA WO GUTUNGANYA UMUHANDA UNGANA NA 33KM WA KIBISABO-MASHA-ARUSHA-MIZINGO-MASHA-GATINDORI- MUSENYI KU NKUNGA YA BANKI Y’ISI IFATANIJE NA RTDA (FEEDER ROAD) N’AKARERE KA NYABIHU. (LOT2) (ANOTHER MEETING KINYARWANDA VERSION)

Kuwa 14/11/2019 mu Karere ka Nyabihu, Umurenge wa Bigogwe, Akagari ka Rega habereye inama y,abaturage igamije gukangurira abaturage kwita ku kubungabunga no gufata neza umuhanda ungana na 33km gukorwa uzanyura Kibisabo-Masha-Arusha-Mizingo-Masha-Gatindori-Musenyi. Iki gikorwa cyashobotse kubufatanye bw’inzego z’Akarere (Abakozi kukarere, imirenge, utugari n’imidugudu), RTDA na rwiyemezamirimo China Road and Bridge Corporation (CRBC)

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Inama yatangijwe n’umuyobozi w’Akagari ka Rega, nyuma aha ijambo itsinda ry’abafatanyabikorwa b’umushinga. Uyoboye Itsinda akaba n’umukozi wa RTDA yafashe umwanya ashimira ubuyobozi n’abaturage k’umwanya babageneye kugira ngo babone umwanya baganire ku mushinga w’iterambere. Yakomeje aganiriza abaturage kubijyanye n’umushinga, intego zawo, ibyiza by’umushinga, uruhare rw’abaturage mu mushinga, n’ingaruka z’umushinga kubaturage. Ajya, gusoza, yahamagariye abaturage gutanga ibitekerezo byabo n’impungenge, imbogamizi n’ibibabazo baba bafite ku mushinga.

Imbonerahamwe y’abitabiriye inama

Abagabo Abagore Bose hamwe

49 55 104

Mu byavuzweho hagarutswe kuri ibi bikurikira:

- Kwerekana abagize komite nkemurampaka (GRC) - Amahirwe yo kubona akazi - Ingamba zo gukumira ihohoterwa rishingiye ku gitsina - Ingamba zo gukumira impanukazibera mu muhanda - Ingurane ku bafite imitungo izangizwa n’ishyirwamubikrwa ry’umushinga - Ibikorwa-remezo bindi abaturage bifuza bahabwa n’uyu mushinga - Utuntu n’utundi

1. Abaturage bongeye kwerekwa komite nkemurampaka (GRC) bitoreye, bibutswa inshingano z’ayo arizo -Kumenya ibibazo byavuka mu baturage mu gihe umushinga waba utangiye gukorwa -Gufatanya nu buyobozi mu gucyemura ibibazo by’abaturage bishingiyeku mushinga -Guhuza abaturage, ubuyobozi na rwiyemezamirimo

2. Ku mahirwe yo kubona akazi: Abaturage bamenyeshejwe ko hari amahirwe yo kubona imirimo kuri rwiyemezamirimo uzashyira mu bikorwa umushinga wo kubaka umuhanda aho azatanga akazi agendeye kuri ibi bikurikira:

- Ku kuba umuntu atuye muri ako kagari, ntabwo rwiyemezamirimo azazana abakozi bavuye hanze,

- Kuba afite mutuelle de sante

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- kuba afite konte (account) muri banki kugirangoajye ayishyurirwaho kandi bakanakangurirwa kwizigamira

- Gukangurira cyane cyane abari n’abategarugori gukangukira kuza gushaka imirimo.

3. Ku ngamba zo gukumira ihohoterwa rishingiye ku gitsina: abaturage bakanguriwe

- Kwamagana aho ihohoterwa rishingiyeku gitsina rikorerwa hose no gutungira agatoki abayobozi uwashaka kurikora wese.

- Kurwanya no gukumira ruswa ishingiye ku gitsina cg amafaranga

- Kurwanya inda zitateganyijwe ku bangavu

- Kurwanya Sida nizindi ndwara zandurira mu mibonano mpuzabitsina

- Abayobozi b’amadini, amashuli n’ab’inzego z’ibanze gukora ubukangurambaga mu kwibutsa abantu gukumira no kurwanya ihohoterwa rishingiye ku gitsina.

4. Ingamba zo gukumira impanuka zibera mu muhanda: abaturage babwiwe ko umuhanda nutangira gukorwa hazaza ibimodoka n’imashini nyinshi batari bamenyereye batanabonaga bityo rero hakaba hakenewe ingamba zihamye zogukumira impanuka:

- Kwigisha abana gukinira kure yahari gukorwa umuhanda no kutegera ibimashini bikora umuhanda

- Abayobozi b’amadini, amashuli n’ab’inzego z’ibanze gukora ubukangurambaga mu kwibutsa bantu uko bitwara no kwigengesera mu gihe bakoresha umuhanda

- Gushyira mu muhanda ibimenyetso ndangacyerekezo nibiyobora abantu.

5. Ingurane ku bafite imitungo izangizwa n’ishyirwamubikorwa ry’uyu mushinga: ku bijyanye n’ingurane abaturage basobvanuriwe ko uwo umuhanda uzatwarira ubutaka cyangwa ibikorwa biburimo azabarirwa ibyangijwe ahabwe ingurane ikwiye ariko akaba asabwa kuba yujuje ibi bikurikira: - Kuba afite icyangombwa cy’ubwo butaka kandi kimwanditseho

- kuba afite konti (account) muri banki kugirango azashyirirweho ingurane,

- Kuba afite indangamuntu.

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Bityo abaturage bakaba bakangurirwa gushaka ibisabwa mugihe hagikorwa imyiteguro yo gushyira mu bikorwa umushinga wo gukora umuhanda.

6. Ibyifuzo by’abaturage ku bindi bikorwa-remezo bahabwa nuyu mushinga:

Abaturage ba Rega bifuza urwogerezo rw’imboga kuko byabafasha gutunganya umusaruro wabo w’imboga neza bikaba byarushaho kubabyarira inyungu.

Public consultation with the community on Lot 2 for preparation of supporting document for compensation

UMWANZURO

Intego y’uyu mushinga wo gutunganya umuhanda ungana na 33km mu karere ka Nyabihu uzanyura Kibisabo-Masha-Arusha-Mizingo-Masha-Gatindori- Musenyi,n’iyo kurwanya ubukene mu buryo burambye, worohereze abaturage kugeza umusaruro w’ubuhinzi n’ubworozi ku masoko kandi ugatanga akazi ku bantu benshi. Uzatuma kandi ishoramari ryiyongera wongere ubushobozi bw’abaturage bwo guhahirana.

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ANNEX 2: QUESTIONNAIRE FOR SOCIO-ECONOMIC SURVEY OF HOUSEHOLDS

Microsoft Excel 97-2003 Worksheet

ABOVE IS ATTACHEMENT OF THE SOCIO ECONOMIC SURVEY

Questionnaire No__

Name of village______

Name of cell______

Name of the interviewer ______

Code of the interviewer______

Date of the interview____/____/______

INTRODUCTION

………………………………………………………………………………………………………

1. H/H COMPOSITION

1.1. We would like to make the list of both the present and the absent members of your household. By household we mean the people living under the same roof and running the same household

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N 1. Relationship with 2. Sex 4. Age 5.Marital 6.Educational 7.Employme 8. If 9. Social the head of the (numb status level (from the nt status employed group household 1. er of age of 5) (aged 5 and Male compl above) eted 2. 1. Married 1. Employed 1. 1st degree Head Femal years) 1.Non literate in the public of disability e 2. Single 1. Employed sector Spouse 2.Elementary 2. 2nd degree 3. Widow 2. Pensioner 2. Employed of disability Daughter 3. Incomplete in the private 4. Divorced secondary 3. Student, 3. 3rd degree Son sector 5. Not pupil of disability 4. Secondary 3. Self- Mother applicable 4. Housewife 4. Disabled 5. Secondary employed, Father entrepreneur since vocational 5. childhood up Unemployed Sister 6. Incomplete 4. Employer to the age of 16 Brother higher 6. Military 5. Employed servant at other 5. Full Grandmother 7. Higher (bachelors' or 7. Not agricultural orphan, semi- Grandfather master's applicable farms orphan. degree) Daughter-in-law 6.Employed 6. Single 8.Postgraduate in own mother/fathe Son-in-law agricultural r 9. Not farm Grandson/granddaug applicable 7. Lonely hter 7. Other pensioner

Mother-in-law

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(husband’s mother) 8. Refugee

Father-in-law 9. None of (husband’s father) abovementio ned Mother-in-law (wife’s mother)

Father-in-law (wife’s father)

other

1 Relationship with the Sex Age Maratal Education Emplyment Ifemployed Social head of the household status level status category

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A. HOUSING CONDITIONS

A1. What kind of a house does your family live in?

Housing conditions

1.In a cottage/ rural house

2.Other (please specify) ______

A2. What is your house made from?

1. Wood

2. Clay

3. Cement

4. Other (please specify)______

A3. Please indicate whether it is own or rented

Owned

Rented

Owned by friends/relatives

Squatter/informal settlement

Other, please specify______-

A4.What conveniences are there in your house, and what’s their condition?

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Convenience Functions Functions with Doesn’t Doesn’t exist interruptions function

1. Grid electricity

2. Solar energy (local supply)

3. Mobile phone

4. Private toilet

5. Other______

A5. Please indicate the energy source used for lighting, cooking, heating. (Tick √ the source and provide the estimated monthly costs)

Lighting Cooking

Tic Estimated Tic Estimated k √ monthly cost (Rw k √ monthly cost (Rw Franc) Franc)

Electricity

Gas

Wood

Candle

Charcoal

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Battery

Solar energy

Petrol

A6. Overall, how would you evaluate your housing conditions?

1. Very good

2. Good

3. Satisfactory

4. Bad

5. Very bad

6. Don’t know/No answer

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A7. Which infrastructure do you have in your cell?

Convenience Functions Functions with Doesn’t Doesn’t interruptions function exist

1. Water supply

2. Public toilet

3. Market

4. Road

5. Other______

A8. Which public services do you have in your cell?

Time spent to get there (walking)

Less than 30 30 minutes to More than 1 Name minutes 1 hour hour

1.Church/ Mosque

2. Primary school

3. Secondary school

4. Clinic/health centre

5. Area of cultural significance

6. Other, please specify

A.9what is your main source of water?

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Source Tick one

1. Well

2. Spring

3. Piped supply

4. Public water point

5. River

6. Rainwater

7. Buy water

8. Other (please specify)______

A10. How many of each type of livestock does your family own?

Type Number

Cattle

Sheep

Goats

Chickens

Ducks

Other (please specify)

B. EDUCATION

B1. Did any of your household members attend an educational institution (kindergarten, primary school, secondary, higher educational institution, technical school, etc.) during the past 12 months?

Yes 2. No (Pass on to C1)

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B2. How many members of No 1 2 3 4 5 6 your HH attend the following one kind of an institution do they attend? /Up to 6 members/

Kindergarten 0 1 2 3 4 5 6

Primary school 0 1 2 3 4 5 6

Secondary school 0 1 2 3 4 5 6

Higher educational institution 0 1 2 3 4 5 6

Technical school 0 1 2 3 4 5 6

Other (please 0 1 2 3 4 5 6 specify)______

C. HEALTHand HEALTH CARE

C1. Did any members of your household suffer from the following disease/maladies in the past six months (Yes/N0).If yes please tell us how many of the household members were affected by each?

Number of household members Disease/ Malady affected

Malaria

Skin Rash

Diarrhea

Bilharizia

Respiratory infection

Gastroenteritis

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Others (specify)…………………………..

C2. Was there any case during the past 12 months when you or any of your household members medical help but didn’t get it?

Yes

No (Pass on to C3)

C3.If yes, what were the reasons for not getting medical help? (INTERVIEWER: Please circle not more than two).

High official payment rates for treatment.

High non-official payment rates for treatment.

Distrust towards medical services.

Distance

No health insurance

Other (please specify) ______

Don’t know

D. NUTRITION

D1. How often does your family eat per day?

Once

Twice

Three times

D2. How often does your family eat…?

Per year Per month Per week Per day

Meat

Fruit/vegetables

Dairy

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Eggs

D3. Do you feel the amount your family has to eat is…

More than enough

Enough

Sometimes not enough

Frequently not enough

E. OCCUPATION AND OTHER INCOME SOURCES OF HOUSEHOLDS

E1. Which are the main sources of income of your family? Tick the answer from the list provided. /INTERVIEWER: provide Card D1accepting maximum three answers based on ranking/

Permanent waged employment

Short term employment

Income from own business

Income from rent

Self employment income (not including farming)

Income from agriculture

Remittances from family members, relativesliving/working abroad

Income from offspring living in Rwanda

Support from other relatives living in Rwanda

Pensions/allowances

Income from sale of items of private property

Money Borrowing

OtherPlease specify ______

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Annex 3: PAPs list and their assets

Microsoft Excel 97-2003 Worksheet

THANK YOU VERY MUCH FOR YOUR PARTICIPATION IN THIS SURVEY!

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