RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 REPUBLIC OF RWANDA Public Disclosure Authorized PREPARED BY: MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES UPDATED BY: RWANDA TRANSPORT DEVELOPMENT AGENCY AND Public Disclosure Authorized NYAGATARE DISTRICT THROUGH CHINA HENAN INTERNATIONAL COOPERATION (CHICO) UPDATED RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS Feeder Roads Development Project (FRDP) Public Disclosure Authorized NYAGATARE DISTRICT April 2020 Public Disclosure Authorized Page 1of 171 RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 Executive summary The Government of Rwanda (GoR) received Additional Financing from Multi Donor Trust Funds (MDTF) for the Feeder Roads Development Project to rehabilitate 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 Nyagatare district based on the project feasibility studies, the world bank requested the PIU to update the RAP once the project designs are finalized and approved. Given the new contract approach that is Design Build and Maintain (DBM), the contractor is obliged to conduct detailed project designs and update the initial prepared RAP to take into consideration the detailed design prepared. The updated RAP includes the total number of PAHs and PAPs, their affected assets/properties, total value of all affected assets and provides a strategy for resettlement compensation to ensure that the PAPs’ livelihoods are restored or improved. The RAP also puts in place appropriate remedial measures, including grievance channels, for the PAPs and other community members to receive and resolve complaints on time and appropriately. 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 safeguard standard policies and regulations. In this regards, RTDA/FRDP through Nyagatare District employed contractor CHICO (China Henan International Cooperation) construction Company in June 2019 to update the Resettlement Action Plan (RAP) of the 2 Feeder roads of 55km in Nyagatare District (Nyagatare-Kanyinya-Kagitumba and Rurenge-Bushara-Kabuga). The present RAP report presents the main findings from Nyagatare District. The objectives of this RAP is 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 assess the potential impacts and their mitigation mechanisms; to estimate the cost necessary for Page 2of 171 RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 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 Nyagatare District, field visit, consultation meeting with different stakeholders and understand their review 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 together with the project safeguards team in presence with the local authorities conducted public Consultation meetings and field visits to collect data on all affected assets and conduct a social economic survey. The study results indicated that the road widening with a total 10.5m width right of way (RoW) is likely to affect 276 households (PAHs) composed of 1380 people (PAPs) to be affected, including 702 females and 678 males. It is worth noting that, the total number of households to be physically displaced for both lots is seven (7) composed of 36 people. The project identified a total of eighty (80) vulnerable people who will be offered extra support during the resettlement process so as to–improve or at least to restore their initial way of living. About 85 % of the affected communities are literate, with mostly primary education level. Majority of the affected families (48.1%) have 4 to 6 people/ household and the total number of vulnerable groups are 80 which represents 10.1% of the total affected families. 97% of the total affected families own at least one type of livestock and mostly survive from agriculture. All PAPs and other stakeholders consulted are in favor of the proposed project. The rehabilitation/upgrading and maintenance of 2 roads are likely to acquire and affect a total of 25.46ha of land for 10.5 m RoW, of which 87% is agricultural land. This is likely to lead to loss of 7 houses and, 9.3 ha of crops and 203 trees with at least 30cm girth size. Two (2) water valve chambers, two (2) water taps and 9 electrical poles are also likely to be affected. The affected land is mainly a small portion of land that is partial/small size ranging between 5.7m. 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 Page 3of 171 RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 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 PAPs to be displaced, it was discussed and agreed on with the PAPs 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 charges, 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. All the affected properties will be compensated prior to any project work. The resettlement and compensation of crops, trees, structures and land will be made as per Rwandan law and the World Bank’s standards/ policies (OP 4.12); the latter will prevail. MININFRA/ RTDA, MoE, RLMUA, RWFA, RMB, RDB and Nyagatare District are key implementers of this RAP. Grievance redress committees have been established at the Subproject and road level to supervise the safeguards compliance throughout the project period and resolve related issues raised by the Project Affected Person (PAPS). A strong monitoring system will also be put in place monitor the PAPs livelihoods during and after the project activities. The estimated budget/cost of RAP for the interventions to improve the 2 feeder roads in Nyagatare District is 129,149,804 Frw. Other project Cross- cutting issues related to GBV, VAC and SEA like trainings, awareness campaigns and GBV implementation plan to be Page 4of 171 RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 prepared by a local service provider is budgeted for under provisional sums in the works contracts. The Government of Rwanda will disclose this RAP report and will authorize the World Bank to disclose it electronically through its external website. In view of the RAP results, it could be concluded that the project will bring a lot of benefits to the Nyagatare 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. Due to the new approach of design, build and maintain approach where the contractors were required to do a detailed design and updating the safeguards document including the resettlement action plan Page 5of 171 RTDA/ Rwanda Feeder Roads Development Project Updated Resettlement Action Plan for selected feeder roads in the District of Nyagatare, Rwanda –Project ID: P 126498 BASIC DATA ON RAP S/Nº Description Data 1 District Nyagatare 2 Province Eastern Province 3 Planned activity Rehabilitation/upgrading and maintenance of Roads, Drainage and Bridges/ 4 First priority feeder roads in Number 2 culverts 5 Length of first priority Roads in Km 55 6 Average additional width in meters 5.7 7 Private fences affected in meters No 8 Number of institutional buildings affected