1 REPUBLIC OF RWANDA MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES RWANDA FEEDER ROADS DEVELOPMENT PROJECT FINAL REPORT RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS RWAMAGANA DISTRICT DECEMBER 2013 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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FINAL REPORT RESETTLEMENT ACTION PLAN FOR ......4 Cost Civil works( feasibility study for 202 km) 9,413,500,000 rwf 5 Cost of RAP 248,418,550 rwf 6 Number of households who lose house
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REPUBLIC OF RWANDA
MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES
RWANDA FEEDER ROADS DEVELOPMENT PROJECT
FINAL REPORT
RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS
RWAMAGANA DISTRICT
DECEMBER 2013
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CONTENTS
Basic Data on Resettlement Action Plan 4 0 Executive Summary 5 1 Introduction 8 1.1 Background 8 1.2 Resettlement Action Plan Objective 8 1.3 Approach and Methodology 9 1.4 Format of the Report 10 2 Policy, Legal and Institutional Framework 11 2.1 National Relevant Policies and Strategies 11 2.1.1 National Land Policy 11 2.1.2 National Development Strategy 11 2.1.3 Land Tenure System and Provision in Rwanda 12 2.2 Legal Instruments 12 2.2.1 Important Resettlement Legislation 12 2.2.2 World Bank Policy 15 2.3 Eligibility Criteria for Resettlement 19 2.3.1 Cut-off Date 19 2.4 Institutional Arrangement and Framework 21 2.4.1 Province and District 22 3 Project Description 23 3.1 Project Location 23 3.2 Objective of the Project 23 3.3 Project Details 23 3.3.1 Brief Description of Feeder Roads Project 24 3.3.2 Feeder Roads Design Standards 26 4 Project Affected Persons and Social Economic Profile 28 4.1 Demographic 28 4.1.1 Socio Economic Conditions 28 4.1.2 Distance to facilities/services 28 4.1.3 Economic Activity and Income Sources 29 4.2 Population on Right of Way 29 4.3 Socio Economic Profile 29 4.3.1 Family size 29 4.3.2 Marital Status 30 4.3.3 Employment Status 30 4.3.4 Vulnerability 31 4.3.5 Education of PAPs 31 4.3.6 Livestock 32 4.3.7 Housing condition of PAPs 32 4.3.8 House convenience and their conditions 32 4.4 Resettlement Implication 34 4.4.1 Loss of Houses 34 4.4.2 Loss of Land 34 4.4.3 Loss of Facilities 35 4.4.4 Summary of Losses 36 4.4.5 Impact Analysis 36 4.5 Public Consultation and Participation 38 4.5.1 Stakeholders 38
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4.5.2 Public Participation – Methods and Process 38 4.5.3 Finding of Public Consultation meeting 40 5 Resettlement Action Plan Implementation Framework 42 5.1 Institutional Implementation Arrangement 42 5.2 Criteria for Expropriation and Compensation 43 5.3 Valuation and Compensation 43 5.4 Complaint Procedure 43 5.4.1 Grievances Redress Mechanism 44 5.4.2 Grievances Resolution by Court 45 5.5 Monitoring and Evaluation 45 5.6 Community Involvement 45 5.7 Disclosure of Social Safeguards Measures 46 5.8 Budget of RAP 46 6 Conclusion and Recommendations 51 6.1 Conclusions 51 6.2 Recommendations 52
LIST OF TABLE
1 Comparison between World Bank OP 4.12 and Rwanda Laws 16 2 Entitlement Matrix 20 3 Length and Width Planned for Feeder Roads 27 4 Family size of the household 30 5 Marital status 30 6 Employment status 31 7 Vulnerability in PAPs 31 8 Level of Education 32 9 Livestock with PAPs 32 10 Housing condition 33 11 Conveniences in the Household 33 12 Loss of Houses 34 13 Loss of Land 35 14 Loss of Facilities 35 15 Loss of property on roadside 36 16 Impact Analysis 37 17 Authorities Consulted 39 18 Summary of Public Consultation 40 19 Implementation Institute and Responsibilities 42 20 Price of Land in the District 47 21 Compensation for crops 48 22 Compensation rates for building 48 23 Tree compensation rates 48 24 Resettlement action plan estimates 49 25 RAP Monitoring cost Details of House on Roadside 50
LIST OF FIGURES
1 Location of Rwamagana District in Rwanda 9 2 Location of Feeder Roads in Rwamagana District & Priority 27
4
ANNEXURE
1 Study Team 53 2 Terms used in RAP 53 3 Questionnaire for Socio Economic Survey 55 4 Photographs of Project Area and Public Consultation 57
ABBREVIATIONS
DLB : District land Bureau 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 FGD : Focused Group Discussion GOR : Government of Rwanda IL : Impact Level MINAGRI : Ministry of Agriculture and Animal Resources MINIRENA : Ministry of Natural Resources NGOs : Non-Governmental Organizations NR : National Road OP : Operation Policy PAPs : Project Affected Persons RAP : Resettlement Action Plan RDB : Rwanda Development Board RDTA : Road Transport Development Agency REMA : Rwanda Environmental Management Authority RFRDP : Rwanda Feeder Roads Development Project RNRA : Rwanda National Resources Authority ROW : Right of Way Sq. mi : Squire Mile ToR : Terms of Reference WB : World Bank WHO : World Health Organization
The cost of the interventions to improve the feeder roads is estimated during the
feasibility study. The total cost to improve of 203.73 km of feeder roads amount to US$
14.054 million; the average cost per km amounts to US$ 69,325. The total cost of 162.9
km of priority roads will be about US$ 11.293 million. The RAP cost is estimated RWF
248,418,550 (including 10% Contingencies). The details are as follows:
Resettlement Action Plan : 209,357,550
Resettlement Action Plan Monitoring : 39,061,000
The RAP cost is 3.25% of project costs.
The widening of ROW will need 29.36 ha of additional land for the road rehabilitation. The
land use of this land is Agriculture-29.36 ha; Agro-forestry- 3.5 ha, Banana Plantation-
3.55 ha and Coffee plantation 3.50 The loss of houses will be 15 in number. The project
will have 217 PAPs Families with a total population of 1,020 people. The loss of trees will
be 153. The resettlement and compensation of crops, houses and land will be made as
per law of Rwanda and the safeguard policies of the World Bank (OP4.12). In case of
inconsistency between the two, OP 4.12 will prevail. It’s worth to note that from 2010 all
land in country has been registered and we have observed two categories of landholders
being property owners and tenant. No squatters or informal landholders were identified
along selected roads; nevertheless the matrix includes entitlements for informal
landholders to cover the unlikely event that eligible PAPs in this category still come
forward.
Entitlement for Compensation: The resettlement and compensation of crops, houses
and land will be made as per law of Rwanda wherever it is not possible/ feasible; the
market rate will be adopted. In the process attention should be given for Project Affected
People (PAP) who will resettle to the other places. The Rwanda expropriation law for
public interest and policy of the Government of Rwanda and World Bank Guideline OP
4.12 will be followed for compensation (where there is a difference between the two, OP
4.12 will prevail). In addition to Entitlement for compensation, the feeder Roads project
will assist vulnerable people to improve their livelihoods. The entitlement Matrix is
presented below:
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Entitlement Matrix Category of
PAP
Type of Loss ENTITLEMENTS
Compensation for
Loss of Structures
Compensation for Loss of
land
Compensation for Loss
of Income
Moving
Allowance
Other Assistance
Property
Owners
(title holders)
Loss of land ------ Land replacement at new
site (parcel with equivalent
size and productivity with
secure tenure status at
location acceptable to PAP),
plus land clearing by project.
Transfer of the land to PAPs
shall be free of taxes
registration and other costs.
Compensation in cash will
be considered if the lost land
is below 20% of total land
------ None
Temporary
loss of land
Rental allowances
Loss of
structure
Compensation at full
replacement value
not depreciated,
taking into account
market values for
structures and
materials.
For lost rental income
Lump sum cash payment
of 6 months’ rent per
tenant
Coverage of full cost
for total transport
expenses
Disturbance
Allowance
Right to salvage materials without
deduction from compensation
Loss of
Trees
Cash compensation
based on type, age and
productive value of
affected trees plus 10%
premium
Relocation assistance in
reestablishing economic trees
Loss of
crops
(including
tree crops)
Cash compensation
equivalent to average of
last 3 years market value,
or market value of the
Relocation assistance as a cash
allowance to cover income foregone
during the period that the PAP is
without land; assistance will be
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mature crop in the scarce
season, whichever is
greater.
equivalent to the value of production
lost until replacement crops are yielding
the same level. For fruit trees the costs
of the yielded per period that the tree
will take to mature will be calculated
including future price of the fruits
Property
lease
holders/Ten
ant
Loss of
rental
accommodat
ion
Six months rent
Coverage of full cost
for total transport
expenses
Disturbance
Allowance
Loss of
crops
(including
tree crops)
Cash compensation
equivalent to the average
of last 3 years market
value, or market value of
the mature crop in the
scarce season for the
remaining period of the
tenancy/lease agreement,
whichever is greater.
Relocation assistance as a cash
allowance to cover income foregone
during the period that the PAP is
without land; assiatnce will be
equivalent to the value of production
lost until replacement crops are yielding
the same level . For fruit trees the costs
of the yielded per period that the tree
will take to mature will be calculated
including future price of the fruits.
Squatters/
informal
dwellers
Loss of
structure
Cash compensation
at full replacement
value not
depreciated, taking
into account market
values for structures
and materials.
Relocation assistance
(coverage of costs of
transport & assistance
to find alternative
secure accommodation,
preferably in the
community of residence
through involvement of
the project)
Right to salvage materials without
deduction from compensation
All PAPs
(whether
owner,
tenant or
informal
dweller)
Loss of
assets due
to temporary
land
acquisition
Cash compensation
for any assets
affected (e.g.
boundary wall
demolished, trees
removed)
Right to salvage materials without
deduction from compensation
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During public consultation few recommendations were drawn are :i) Involve local
communities in all stages of project planning and development, ii) Permanent
communication between projector initiators and local authorities, iii) for RAP a cut-off has
to be determined as per Rwanda Resettlement Policy Framework iv) All project affected
people (PAPs) have to be compensated for loss of land, structures, crops and trees as
provided for in this RAP, v) Grievance redress and monitoring register have to be set-up
and the process be publicized in the affected areas vi) During construction, PAPs shall be
given first priority in the employment of skilled and unskilled manpower.
During public consultation the following points have emerged:
The Project Affected People will prefer house for house in the same village
or nearby,
The PAPs who are involved in business have given their choice near the
market or cell / sector resettlement scheme;
Farmers have also indicated money / cash for agriculture land;
Most of the PAPs are looking some form of incentive for themselves from
the projects such as regular/ temporary jobs.
In view of above it could be concluded that project will bring benefit to the people of the
area. The resettlement impacts are within the manageable limits and can be mitigated
with the proposed resettlement management plans and payment of compensation and
hence the implementation of the project is in the public interest.
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1. INTRODUCTION
1.1 BACKGROUND
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.
The District of Rwamagana is one of the seven Districts that makes the Eastern Province.
The District has 14 Sectors, which are Karengi, Rubona, Nyakariro Muyumbu, Nzige,
Muyumbu Kigabiro, Muwulire, Gahengeri Muhazi, Gishari, Munyiginya, Musha and
Fumbwe. The Rwamagana District is about 60 kms from the Capital Kigali and it can be
approached via National Road (NR)-3. The capital, Kigali, is located near the centre of
Rwanda3. The centre of the country is predominantly rolling hills, while the eastern border
region consists of savannas, plains and swamps4.
Figure 1 indicates the location of Rwamagana District in Rwanda. The District covers an
area of 682 km2 and has a population of 318,000 people. The population density
accounting for 455 person/km2 is slightly higher than the National average (416 person /
km2) and approximately the double of the Eastern Province average. The population is
unevenly distributed over the district area, the most populated sector is Kigerbiro where
Rwamagana town is located while the least populated is Karenge in the South-Western
part of the District. The data indicates that the majority of the population is young 53%
aged 19 years or younger. People aged 65 years and above makes 4 %. The 82 % of the
population is under 40 years of age. The females outnumber males in Rwamagana
District with 109 females per 100 males, which is below the national average of 111
females per 100 males.
1.2 RESETTLEMENT ACTION PLAN OBJECTIVES
The main objective of the assignment is to assist the Ministry of Agriculture and Animal
Resources (MINAGRI), Government of Rwanda (GOR) to review and update the
resettlement action plan (RAP) prepared by Rwanda Transport Development Agency
(RTDA). The specific objectives are to review and update the:
existing RAPs by undertaking independent assessment of existing report and
make the necessary changes as well as completing missing social elements and
attributes.
to bring reports in the format and level so that these are meeting guidelines,
policies and regulation of Government of Rwanda (GOR) and the safeguard
policies of the World Bank (WB).
3 Geography of Rwanda, Wikipedia, the free Encyclopaedia
4 Munyakazi, Augustine; Ntagaramba, Johnson Funga (2005). Atlas of Rwanda (in French). Oxford: Macmillan
Education. p. 18. ISBN 0-333-95451 3 World Wide Fund for Nature (WWF) (2001). "Terrestrial Ecoregions: Albertine Rift montane forests (AT0101)" Location
and General Description. 4 The country’s road reclassification was carried out in 2005 by the Ministry of Infrastructure, Government of Rwanda.
3
Figure 1: Location of Rwamagana District in Rwanda
1.3 APPROACH AND METHODOLOGY
The approach and methodology is based on the requirements of the TOR and
accordingly given full consideration to the objectives, purpose and the scope of the study.
First of all the Consultant has reviewed the RTDA, RAP Report. The missing data,
analysis and computation were identified. The actual number of people likely to be
effected due to the development of the project were not identified neither the houses nor
the actual number or available data was inadequate. This data was collected, compiled
and analyzed during field studies conducted on 7-10th September 2013. The experts
associated with the study are reported in Annexure 1. Further the consultants have
taken into account the requirements of regulations and standards. 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
safeguard measures in the overall planning. The study is conducted in such a manner
and procedure so that it fulfills the requirements of Government of Rwanda, and the
World Bank’s safeguard policies. The Consultants apart from following standard social
impact assessment practices and procedures have deployed advanced technologies,
techniques and tools to the extent 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 affected people have been studied, analyzed, verified
and quantified, wherever possible.
The cost of implementing the resettlement management plan and monitoring programs
were estimated and budgeted for. The Rwanda National Acts, Legislation and Laws were
consulted with a view to ensure compliance with various requirements.
4
The RAP is aimed at assessing and mitigating the land acquisition and resettlement
impacts in a transparent and consultative way in accordance with Rwandan laws and the
World Bank OP 4.12. The RAP is based on the census data, field visits, and meetings
with various project affected persons in the project area. During RAP number of terms are
used and defined in Annexure 2.
1.4 FORMAT OF THE REPORT
This report has been prepared taking into consideration the mechanisms, procedures and
contents spelt out in “Guidelines and Procedures for Environmental Impact Assessment”
(2006) and “Sector Guidelines for Environmental Impact Assessment (EIA) for Road
Development Project” in Rwanda (2009) prepared by the Rwanda Environmental
Management Authority5. The main findings are reported in conclusions and
recommendations section for discloser locally and the World Bank Info Shop. This report
on Resettlement Action Plan (RAP) has following sections:
The report has an executive summary as Chapter 0. The main sections are: Chapter 1
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
person 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 conclusions and recommendations
are presented in Chapter 6.
The literature, books, reports and maps referred are presented as footer note in the main
body of the report. At the end, the report has annexure which are reported in the main
body of the report.
5 Developed to operationalizing the provisions of the Organic Law Organic Law No 04/2005 of 08/04/2005 determining the
modalities of protection, conservation and promotion of environment in Rwanda; to make EIA mandatory for all development projects and they aim to serve agencies and individuals taking part in the EIA process.
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2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
2.1 NATIONAL RELEVANT POLICIES AND STRATEGIES
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
National land policy was adopted in February 2004. This policy provides register and
transfer of land and possibility of investments in land. It also highlights key principle of
land use and land management. The policy advocates the protection of green areas,
marshy land, valley and protected areas in Rwanda. These protected areas are classified
as such because of their multiple roles, namely ecological, economical, cultural, and
social. The main objective of their preservation was the conservation of different species
and different habitats of biodiversity for educational, touristic and research purposes.
These areas have been affected by various changes, one of which is the spatial reduction
due to the resettlement of the population.
2.1.2 National Development Strategy6
The Vision 2020 document has developed National Development Strategy in year 2000
wherein it is realized that Rwanda shall have a reliable and safe transport network of
feeder roads. Hence feeder roads will continue to be extended and improved. Land use
management, urban and transport Infrastructure development are considered as
important pillar among 6 pillars of vision 2020 and protection of environment and
sustainable natural resource management is one of the crosscutting areas of the vision.
The other important planning tools are: the Economic Development and Second Poverty
Reduction Strategy (EDPRS II), the National Investment Strategy, Millennium
Development Goals (MDGs) and the Medium Term Expenditure Framework. The vision
document advocates to the development of economic infrastructure of the country and
transport infrastructure in particular. These strategies and action plans reflect national
6 Rwanda Vision 2020; Republic Of Rwanda; Ministry Of Finance and Economic Planning (2000)
6
priorities for Economic Development and Poverty Reduction Strategy (EDPRS II) as a
medium-term framework for achieving the country’s long term development aspirations as
embodied in Rwanda Vision 2020 and the Millennium Development Goals (MDG)
priorities.
2.1.3 Land Tenure System and Provisions in Rwanda
The Land Use Master Plan (Organic 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 Organic 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.
2.2 LEGAL INSTRUMENTS
The policies are prepared by the Ministry of Natural Resources (MINIRENA). Rwanda
Natural Resources Authority (RNRA) is an authority that leads 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 No 18/2007
of 19/4/2007 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 2003;
Organic 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;
Organic Law No 18/2007 of 19/4/2007 relating to expropriation in the public
interest;
Presidential Order No 54/01 of 12/10/2006 determining the structures, the
responsibility, the functioning and the composition of Land Commission; and
Ministry order No 001/2006 of 26/09/2006 determining the structures of Land
Registration, the responsibilities and the functioning of the District Land Bureau
(DLB).
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Ministerial Order No002/16.01 of 2010 on Determining the Reference Land Price
Outside Kigali City.
The above legal orders are briefly describe as follows:
i) The Rwanda Constitution: The constitution is the supreme law of the land.
Under Article 29 of the Rwanda constitution every citizen has a right to private
property, whether personal or owned in association with others. Further it states
private property, whether individually or collectively owned, is inviolable.
However this right can be interfered with in case of public interest, in
circumstances and procedures determined by law and subject to fair and prior
compensation. Article 30 stipulates that private ownership of land and other
rights related to land are granted by the State. The constitution provides that a
law should be in place to specify modalities of acquisition, transfer and use of
land (expropriation law). The constitution also provides for a healthy and
satisfying environment. In the same breath every person has the duty to protect,
safeguard and promote the environment. The State shall protect the environment
ii) Organic 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 is the law that 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 later 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 reserves 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 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 No. 18/2007 of 19/04/2007 relating to Expropriation in the Public
interest, O.G. Special No. of 21/5/2007: This law determines the procedures
relating to expropriation of land in the interest of the public. Article 3 of the law
stipulates that’s its only the government that has authority to carry out
expropriation. However the project, at any level, which intends to carry out acts
of expropriation in public interest, shall provide funds for inventory of assets of
the person to be expropriated and for just compensation on its budget. According
to the organic law, no person shall hinder the implementation of the program of
expropriation on pretext of self centred justifications and no land owner shall
oppose any underground or surface activity carried out on his or her land with an
aim of public interest. In case it causes any loss to him or her, he or she shall
8
receive just compensation for it. Chapter IV deals with valuation of land
earmarked for expropriation. The law identifies properties to be valued for just
compensation to be 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. Here the law is silent on access to economic activities
on the land
iv) Law No.17/2010 of 2010 establishing and organizing the Real Property
Valuation Profession in Rwanda: This law provides for the registration of land
in Rwanda and conditions for registration. The law also allows the Government
to conduct valuation when mandated by their government institutions. Articles
27, 29, 30 and 31 of the law deal with valuation methods. These articles stipulate
that price for the real property shall be close or equal to the market value. The
valuation could also compare land values country wide. Where sufficient
comparable prices are not available to determine the value of improved land, the
replacement cost approach shall be used to determine the value of
improvements to land by taking real property as a reference. The law also allows
the use of international methods not covered in the law after approval from the
Institute of Valuers council.
v) Presidential Order No. 54/01 of 2006: This presidential order determines the
structure, the responsibilities, the functioning and the composition of Land
Commissions. Article 9 of the order gives the office of the land commission
independence in the discharge of its daily technical duties. Therefore, it receives
no instructions from any other organ.
vi) Ministerial Order No. 001/2006 of 2006: Determining the Structure of Lands
Registers, the Responsibilities and Functioning of the District Land Bureau: This
ministerial order determines the structure of Land Registers, the responsibilities
and the functioning of the District Land Bureau. The responsibilities of the land
bureau include among others to implement land registration and manage land
and update, safely keep records of land registers and monitor and approve
activities pertaining to valuation of land, other immovable property and
demarcate and approve land cadastral. This Order does not apply to land
specified in articles 12, 14, 15 and 72 of the Organic Land. Law No.8/2005 of
14/07/2005 determining the use and management of Land in Rwanda.
vii) Ministerial Order No002/16.01 of 2010 on Determining the Reference Land
Price Outside Kigali City: Purpose of this order is to provide reference land
prices to be used in areas outside Kigali City. This order was aimed at protecting
land owners from exploitation and to prevent land speculation when the market
is not developed. However with the propagation of land valuation law, the order
seems to have been overtaken by events and practicability. This is due to the
fact that valuation law provides for independent market rates to apply in land
valuation.
viii) Ministerial Order No. 002/2008 of 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
9
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.
2.2.2 World Bank Policy (OP 4.12)
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, and 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.
10
Table 1: Comparative Analysis between World Bank OP 4.12 and Rwanda Legislations
Principles
Rwanda Legislations
World Bank’s involuntary Resettlement (OP 4.12)
Measures to fill the gaps
Valuation
Valuation is covered by the
Expropriation Law and the
Land Valuation Law and
stipulates that the affected
person receive fair and just
compensation.
However a ministerial order
gives the value of land and
crops
OP 4.12 prefers Replacement cost method of
valuation of assets that helps determine the
amount sufficient to replace lost assets and
cover transaction costs. In applying this method
of valuation, depreciation of structures and
assets should not be taken into account If the
residual of the asset being taken is not
economically viable, compensation and other
resettlement assistance are provided as if the
entire asset had been taken.
Adopt OP 4.12 replacement cost method of
valuation
Compensation
Article 22 of the expropriation
law No 18/2007 entitles the
landholder to compensation
for the value of the land and
activities on the basis of size,
nature location considering
the prevailing market value.
OP 4.12 gives preference to land based
resettlement strategies for displaced persons
whose livelihoods are land-based as compared
to monetary compensation
Adopt OP 4.12 mode of compensation by
giving preference to land based resettlement
as opposed to monetary compensation
Participation
and
consultation
The Rwandan organic law on
Expropriation simply
stipulates that affected
peoples be fully informed of
expropriation issues. The law
also conflicts the very
purpose of consultation and
involvement by prohibit any
WB OP 4.12 requires that persons to be
displaced should be actively be consulted and
should have opportunity to participate in
planning and design of resettlement programs
Adopt OP 4.12 methods of participation
11
Principles
Rwanda Legislations
World Bank’s involuntary Resettlement (OP 4.12)
Measures to fill the gaps
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
stipulates a timeframe upon
when the property to be
expropriated must be handed
over which is 90 days after
compensation has been paid.
OP4.12 requires that displacement must not
occur before necessary measures for
resettlement are in place These include
compensation and other measures required for
relocation and preparation and provision of
facilities of resettlement sites, where required. In
particular, taking of land and related assets may
only take place after compensation has been
paid and where applicable resettlement sites
and moving allowances have been provided.
Furthermore, measures pertaining to provision
of economic rehabilitation however can and
often do occur post displacement.
WB OP 4.12 provides for a timeframe (cut-off
date); people who encroach on the area after
the cut-off date are not entitled to compensation
or resettlement assistance.
A cut- off date should be applied.
Adopt OP 4.12 approach which states that,
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 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.
Eligibility
Article 18 of the law requires
the person who owns land
OP 4.12 criteria for eligibility include even those
who do not have formal legal rights to land at
Adopt OP 4.12 approach: this will be more
appropriate for determining eligibility due to
12
Principles
Rwanda Legislations
World Bank’s involuntary Resettlement (OP 4.12)
Measures to fill the gaps
intended for expropriation to
provide evidence of
ownership or rights on that
land and presents a
certificate to that effect
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 and also those who
have no recognizable legal right or claim to the
land they are occupying
the fact that many of those who farm the
lands don’t own it, although they may have
depended on farming on such lands for their
livelihood, and as such, should be assisted
to at least maintain their pre-project level of
welfare. (especially for assets)
Expropriation law is silent on
provision of alternative land
and resettlement of those to
the pre-displaced status
OP 4.12 requires and prefers resettlement of
displaced persons. Displaced persons should be
assisted in their efforts to improve their
livelihoods and standards of living or at least to
restore them, in real terms, to pre-displacement
levels or to levels prevailing prior to the
beginning of project implementation, whichever
is higher
Use World Bank OP 4.12 During the
upgrading of the feeder road, some
resettlement will be required
Required
Measures
Expropriation law does not
provide for alternatives when
undertaking compensation
OP 4.12 requires displaced persons to be
consulted on, offered choices among, and
provided with technically and economically
feasible resettlement alternatives
Use World Bank OP 4.12
.
13
2.3 ELIGIBILITY CRITERIA FOR RESETTLEMENT
The Organic Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazette in the
Official Gazette no Special of 16/06/2013 determining the use and management of land in
Rwanda. The Law No. 18/2007 of 19/04/2007 relating to Expropriation in the Public
interest, O.G. Special No. of 21/5/2007, the Article 3 of the Expropriation Law stipulates
that he or she 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, provided however that in case of inconsistency
between national legislation and the standards set in World Bank OP. 412, OP 4.12 will
prevail. 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);
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 eligible criteria for resettlement and compensation are presented in Table 2.
2.3.1 Cut-off Date
While WB OP 4.12 indicates that the PAPs should be informed of a cut-off date upon
which those who have not been identified as land owners can raise issues, Rwanda law
has no such mechanism to protect land owners in case of absentee land lords or users.
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. For this situation the cut-off date is the
date on which the Social economic census started, September 25, 2013.
14
Table 2: Entitlement Matrix Category
of PAP
Type of
Loss
ENTITLEMENTS
Compensation for
Loss of Structures
Compensation for Loss of
land
Compensation for
Loss of Income
Moving
Allowance
Other Assistance
Property
Owners
Loss of
land
------ Land replacement at new
site (parcel with equivalent
size and productivity with
secure tenure status at
location acceptable to PAP),
plus land clearing by project.
Transfer of land to the PAP
shall be free of taxes,
registration, and other costs.
Compensation in cash will
be considered if the lost land
is below 20% of total land
------ None
Temporary
loss of land
Rental allowances
Loss of
structure
Compensation at full
replacement value not
depreciated, taking
into account market
values for structures
and materials.
For lost rental income
Lump sum cash
payment of 6
months’ rent per
tenant
Coverage of full cost
for total transport
expenses
Disturbance
Allowance
& right to salvage materials without
deduction form compensation
Loss of
Trees
Cash compensation
based on type, age
and productive value
of affected trees plus
10% premium
Relocation assistance in
reestablishing economic trees
Loss of
crops
(including
Cash compensation
equivalent to average
of last 3 years market
Relocation assistance as a cash
allowance to cover income foregone
during the period that the PAP is without
land; assistance will be equivalent to the
15
tree crops) value, or value of the
mature crop in the
scare season,
whichever is greater
value of production lost until replacement
crops are yielding the same level. For
fruit trees the costs of the yielded per
period that the tree will take to mature
will be calculated including future price of
the fruits
Property
lease
holders
Loss of
rental
accommoda
tion
Six months rent Coverage of full cost
for total transport
expenses
Disturbance
Allowance
Loss of
crops
(including
tree crops)
Cash compensation
equivalent to the
average of last 3 years
market value, or value
of the mature crop in
the scarce season, for
the remainder of the
tenancy/lease
agreement, whichever
is greater
Relocation assistance as a cash
allowance to cover income foregone
during the period that the PAP is without
land; assistance will be equivalent to the
value of production lost until replacement
crops are yielding the same level. For
fruit trees the costs of the yielded per
period that the tree will take to mature
will be calculated including future price of
the fruits
Squatters/i
nformal
dwellers
Loss of
structure
Cash Compensation at
full replacement value
not depreciated, taking
into account market
values for structures and
materials.
Relocation assistance
(coverage of full transport
costs for total transport
expenses & assistance to
find alternative secure
accommodation, preferably
in the community of
residence through
involvement of the project)
Rehabilitation assistance if required
(assistance with job placement, skills
training)
& right to salvage materials without
deduction from compensation
All PAPs
(whether
owner/title
holder,
tenant, or
informal
dweller)
Loss of
assets due to
temporary
land
acquisition
Cash compensation for
any assets affected (e.g.
boundary wall
demolished, trees
removed)
& right to salvage materials without
deduction from compensation
16
2.4 INSTITUTIONAL ARRANGEMENT AND FRAMEWORK
The main Ministry, Authorities, Institutions and Boards responsible for development of
policy, framing regulation, developing projects, monitoring and approval of issues related
to Resettlement and Compensation are:
Ministry of Natural Resources (MINIRENA);
Ministry of Agriculture (MINIAGRI);
Ministry of Infrastructure;
Rwanda Environmental Development Authority (REMA);
Rwanda Natural Resources Authority (RNRA);
Road Transport Development Agency (RDTA).
Rwanda Development Board (RDB) and
Provincial and District Administration.
The Ministry of Natural Resources (MINIRENA) is responsible for developing the
policies and norms for efficient land, water resources and environmental management.
The Ministry of Agriculture (MINAGRI) is the executing agency for the project. The
participating districts will be the implementation entities for project related social aspects
for the rehabilitation, upgrading, spot improvement, as well as maintenance works. The
districts will be supported by the Rwanda Transport Development Agency (RTDA),
environmental and social staff. RTDA and MINAGRI have environmental and social
specialists that look after environmental and social management issues for the main road
contracts. The infrastructure officers of the districts are responsible for environmental and
social safeguard aspects of development projects, but due to capacity limitation their
engagement is restricted to minor community level development actions. In addition to the
support staff, training and TA for safeguards will be provided by the project management
consultancy firm to be engaged under the project.
Rwanda Environmental Management Authority (REMA) which was created by law no
16/2006 of 03/04/2006 is responsible for implementing the policy and strategies on
environment.
Rwanda Natural Resources Authority (RNRA) is an authority that leads 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 in
programs and activities of all national institutions. Rwanda Natural Resources Authority is
established by the law N°53/2010 OF 25/01/2011, which merges the four institutions
(National Land Center, National Forestry Authority and national Geology and mines
authority) together with the Ministry of natural resources' department of integrated water
resources management.. The RNRA is responsible for:
a) implementing national policies, laws, strategies, regulations and government
resolutions in matters relating to the promotion and protection of natural
resources;
b) making a follow up and implementing international conventions Rwanda ratified on
matters relating to the conservation of natural resources;
c) advising the Government on appropriate mechanisms for conservation of natural
resources and investments opportunities;
17
d) registering land, issuing and keeping land authentic deeds and any other
information relating to land of Rwanda;
e) providing technical advise on the proper use of natural resources;
f) making follow up and supervising activities relating to proper management,
promotion and valuation of natural resources;
g) rehabilitating and conserving where natural resources are damaged in the
country;
h) making a follow up and supervising activities relating to the proper use of natural
resources;
i) promoting activities relating to investment and added value in the activities of use
and exploitation of natural resources in Rwanda;
j) initiating research and study on natural resources and to publish the results;
k) instituting regulations, guidelines and appropriate mechanisms for management,
use and conservation of natural resources and ensuring their implementation;
The main institutions in transport sector are:
Ministry of Infrastructure; and
Road Transport Development Agency (RTDA).
RTDA is a public institution with financial autonomy in Ministry of Infrastructure. It was
established by organic law no 02/2010 of 2001/2010. RTDA is responsible for policy
development, advisory and monitoring.
The Rwanda Development Board (RDB) brings together all the government agencies
responsible for business registration, investment promotion and, environmental
clearance.
2.4.1 Province and District
The article 66 of the Environmental Organic Law specifies to establish, at the Provincial,
District, Town, Sector and the Cell levels; Committees responsible for conservation and
protection of the environment. The organization, functioning and their responsibilities are
determined by Prime Minister’s Order. The executive committee of the District is
responsible to initiate the expropriation and District Council implements the expropriation
after considering the decision of the Land Commission (Expropriation law, 2007).
18
3. PROJECT DESCRIPTION
3.1 PROJECT LOCATION
The Rwamagana District is situated in the Eastern Province of the country. The district is
about 60 km by road from Kigali the Capital of Rwanda and it can be approached by
National Road -3. The roads in Rwamagana are mostly in hilly terrain. The hills are
densely populated with scattered settlements often located on the small holdings of
individual households. However, the government has launched an initiative, which
encourages the scattered settlers to live in small townships established at selected
central locations for a population living in a defined rural neighborhood. The hills are
covered with farms and small grazing lands, with no or limited vegetation. The
marshlands are often in between hills. The farms usually are on the foot of the hills
adjacent to the marshland. The roads crossing marshlands may have to be raised and
the side slopes may have to be flatter and involve widening, but this will not require
relocating large population. The impact on fauna and flora is expected to be limited as the
roads follow existing routes, and road sides are cultivated or already cleared. Roads in
the hilly terrain require construction of culverts, often small in size, following the existing
natural water course. Side drains may require stone pitching and check dams to control
erosion. The soil along the roads is mostly soft that could be excavated by labor, which
helps in limiting damages to the environment, as labor construction involves gentle cutting
and minimal spillovers, when a road section has to be widened.
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 Rwamagana District in order to meet the following
objectives:
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 (ROW); plus the
widening areas and borrow and quarry areas. The existing ROW will be followed with 2-3
m for possible feeder road widening. Cultivation extends into close to the feeder road,
with mostly tea and coffee plantations and banana cultivated. The areas steeper than 35°
19
are not in agricultural use. The rehabilitation of feeder roads will have environmental and
social issues.
3.3.1 Brief Description on Feeder Roads
The Rwanda Transport Development Agency (RTDA) has prepared feasibility report for
202.73 km feeder roads in the district of Rwamagana. Based on technical, economical,
financial, social and environmental factors, the feeder roads have been assigned the
priority. Based on priority, during this study feeder roads of 163 km have been selected
for environmental and social studies. The above length is covered in 15 priority section of
feeder toads. A brief description of these roads is presented below the initial number
communicates priority road number along with road no identification number road:
1. Karenge – Rugende (Road No. 14) This road traverses three sectors,
Muyumbu, Nyakariro and Karenge. The road starts at Rugende at the junction
with the national road Kigali Rwamagana and running south-eastward ends at
Karenge market. This section has been rehabilitated recently and its condition is
in general good, some short stretches are in bad condition due to traffic and
insufficient maintenance. Horizontal and vertical alignment is acceptable.
2. Bihembe – Isumu (Road No. 20) This road is 9 kms long. The road starts in
Bihembe at the junction with the Karoeng – Rugende road, after having reached
Munini, a Sector Administrative Centre, ends in Isumo at the junction with the
road Juru – Rugende 2.
3. Cyaruhogo-Sovu-Nawe-Bicumbi (Road No. 8) This road traverses three
sectors, Nzige, Mwilire and Rubona. The road is a track with no signs of
maintenance or rehabilitation. The geometry and vertical profile is very poor;
furthermore several parts of the track show a widespread vegetation
encroachment. The road starts nearby Cyaruhogo-Rubona Road crossing the
swampy area where water streams are crossed by some wooden makeshift
bridge, it ends at the market of Bicumbi. This section is a path with an average
width of 3.5-4.0 m, the horizontal alignment and profile longitudinal alignment
are very poor.
4. Muhazi-Gishari-Munyinya (Road No. 11) This road connects two sectors,
Muhazi and Gishari. The road starts at Muhazi at the junction with the national
road Kigali Rwamagana, it crosses the Karuzinzi marsh until the local Police
station of Gishari, running westward after crossing the second marsh area close
to Gishari, ends at Munyinya. The road condition is very bad, the alignment
follows the rolling terrain that becomes flat in the two traversed marshlands. The
roadway has an average width of 3.5 meters.
5. Rugende2-Juru (Road No. 3) The road traverses the Muyumbu and Nyakariro
sectors, its starting point is located on the bridge that separate the districts
Rwamagana and Kicukiro. The Road is classified as Inter-District because it
connects three Districts : Kicukiro, Rwamagana and Bugesera. It ends near the
metal truss bridge crossing the river Nyabarongo. The horizontal profile in
general is winding and vertical profile follow the natural ground namely along the
river lowland. Typical cross section is sloping cut with average carriageway
width at 5.5 m.
20
6. Gahengeri-Nzige: (Road No. 10) This road traverses two sectors, Gahengeri
and Nzige. The road starts at the junction with the national road Kigali-
Rwamagana, reaches the roundabout of Runyinyia and thereafter runs
southward up to Nzige. The vertical and horizontal alignments do not need
much correction and carriageway width is uniform of approximately 7 meters.
Hydraulic structures are made up of concrete /masonry, only one water stream
is overarched by a wood log small bridge.
7. Rwarugaju (Gahengeri)-Rwimbogo (Road No. 12) The road traverses the
Muhilire sector only. The road condition is very bad, with extended erosion of
the roadway and vegetation encroachment.
8. Rubona Centre – Cyaruhogo (Road No. 7) This road traverses the Rubona
sector only. The road starting point is located on the Rwamagana-Ngoma district
road presently under rehabilitation. The road crosses a swampy area and
reaches the Rubona market were intersects the main district road leading to the
Kigali-Rwamagana asphalted Road. The horizontal alignment is fair, the vertical
alignment follows the natural ground and the average width of the existing road
is 4-5 m.
9. Nyarugali – Nkomangwa Centre (Road No. 19) This road traverses the
Munyiginya sector only. The road starts at Nkomangwa and runs southward up
to Nyarugali at the junction with Karangara-Ngati feeder road. It extends on flat
ground with a bending horizontal alignment gently undulating. The pavement is
in bad condition.
10. Kadasumbwa-Fumbwe-Gasabo (Road No. 2) The road traverses the Musha
and Fumbwe sectors. The road has been used during the construction of the
main asphalt road to accommodate deviated traffic, as witnessed by the
remnant of surface treatment. Kadasumbwa Fumbwe-Gasabo’s Road connects
the Rwamagana with Gasabo district. It starts at the Buranga center near on the
asphalt road Kigali-Rwamagana direction Gatsibo District. The horizontal
alignment is fair but in some point the road is occupied by the big trees. The
average width of the existing road is 4.5 m and the vertical alignment follows the
natural ground and in some section steep gradients are above 10%.
Public participation and community consultation has 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 will enable 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 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 the 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 works known as “UMUGANDA7” was mainly
exploited. This public consultation was held in Nzige Village, on 30th August 2013.
4.5.1 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:
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, local cooperative leaders, local medical staff, and
local police and army representatives. The public consultation for ESIA, RAP, and
PCRMP was conducted at the same time. Definitions used in public consultation and
resettlement action plan are available in Annexure 2 while signed attendance list of
people participated in public consultation is presented in Annexure 5.
4.5.2 Public Participation – Methods and Process
During these consultations, the communities were explained about the project, its
benefits, social and environmental impacts. The participants were encouraged to (i) be
open and make known their concerns and claims. The presentation highlighted the
project background, objectives, expected upcoming activities, social economic
information, and environmental information. Moreover, the consultants explained that land
7 Umuganda : Is a traditional practice, through which citizens living in the same Village, Cell, Sector with local
authorities meet in public work. This is carried out every last Saturday of the month.
35
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 17 :
Table 17 : Authorities Consulted in Rwamagana District
S.No Names Function
1 Vice Mayor Professional in Charge of Economic
Development
2 Executive Secretary Rwamagana District
3 Project Affected People and Others
From Settlements (over 100 in Number)
The salient feature of the meeting is presented below:
i) Views from the Vice Mayor in charge of Economic development
The Vice Mayor in charge of Economic Development of Rwamagana District fully
supports the “Feeder Road Project”. In her remarks during the public meeting session,
she stated that “ It is with pleasure to have this kind of project in our District” She argued
that “the rehabilitation of these feeder roads will certainly bring positive impact to our
people” The benefits expected Improved conditions of transporting goods and people; (ii)
Opening up of the hinterland and improved access to basic socioeconomic infrastructure;
(iii) Creation of direct and indirect employment during the road construction, operation
and maintenance phases; (iv) Reduced risk of landslides and erosion thanks to the
reinforcement and monitoring of embankments; (vii) Added value of land as a result of
improved accessibility; and Improved security around schools along the road. She finally
urged the people to well come the project, and for the PAPs that they should not worry,
as laws are there to protect them.
ii) Views from the Executive Secretaries of Sectors and Cells
In line with the Vice Mayor, Executive Secretaries acknowledge the huge benefits that
they expect from the rehabilitation the feeder Roads in Rwamagana District. They urged
the participants to welcome the project as it brings benefits to them. People should
participate in the implantation and the protection of these socio economic infrastructures.
People’s participation has to be observed in the rehabilitation, as they will the first to
given jobs. They reminded the participant the compensation law and practices.
iii) Consultative Meetings with community
The meeting was held after the Community works “ Umuganda”. Approximately 150
people attended the meeting; 20% or so were women. 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 Rwamagana District. The specific objectives are:
36
Create awareness of the project especially;
To obtain stakeholders (District, Sector and Cell leaders)‟ responses, 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:
Road safety issues;
Lack of jobs and income generating activities
Very poor road conditions in some villages;
Lack of sidewalk;
Narrow local roads and so on.
Any comments or questions raised by stakeholders were responded to and recorded.
Employment opportunities in jobs associated with the rehabilitation of feeder roads was a
theme brought up in the meetings. The consultant explained that positive and negative
impacts of the project on people and the environment will be analysed such as air
pollution, dust, influx of people, employment, traffic, road safety, and the consultant team
highlights that the project will follow government policies in protecting the population.
All the participants confirmed that they appreciate the feeder Road Rehabilitation Project.
The project received high degree of acceptability in that rehabilitation of the road will
boost local economy due to increased usage of the road hence more exposure and
increased benefits as more people would be passing through the road and in a way
increase trading opportunities.
In regards to feasible resettlement alternatives different options were presented including
compensation in kind and compensation in cash. For trees and crops most of PAPs prefer
compensation in cash. For houses and structures, most of PAPs prefer compensation in cash plus
plots in selected sites for building new houses. For land compensation PAPS who are losing small
plots prefer compensation in cash while PAPs who are losing big land( they are very few prefer
land for land compensation.
4.5.3 Findings from Public Consultation Meeting
The data obtained from public consultation and views as well as concerns from different
stakeholders are given in details in Table 18. The people who participated in the public
consultation, their signed attendance sheets are available in Annexure 4 and
photographs are put at the end of this part
Table 18: Summary of Public Consultation in Nzige Sector of Rwamagana District
S. No
Gender Question/comment Response and how addressed in ESIA
1 Male The project is genuine and very good for us, but how about the loose of
The consultant team suggested that they will make a list of people affected, and apply the rules and regulation in line with
37
land, crops, houses, etc compensation
The RAP will investigate these losses.
2 Male Raised problem of water conservation and suggested the construct of dames to allow further water use
With the local authorities, the team explained that the project does adhere to the requirement of environment protection, but the issue of Dame construction can be observed by local authorities.
3 Male Raised the issue of employment, he suggested that the local people should be the first ones to be employed project.
The consultant team explained that local people will be involved in the employment, especially those with skills. But those with no skills will be taken as manpower in the project implementation.
4 Female Normally projects help vulnerable people, people with disabilities. This project is not doing that.
The project will benefit all people and it needs people with the ability to work on the project as well.
5 Male The project is good, people are happy with it. What about the material to used in rehabilitation (Stones, or macadam)?
The project team explained that the rehabilitation of road will use material available in the district. The implementation of the project will be done according to Feeder roads standards
6 Male Wishes to speed up the road rehabilitation (project)
This is likely to occur.
7 Female Comment – If I lose my land, will you employ me for my survival?
The team explained that the employment does not replace the compensation process prescribed by the law. It assured the projected affected people, that they will be compensated in line with the law and OP 4.12
8 Female Can anything be done to help people get jobs, such as weaker or disabled people?
No particular job benefits are given to vulnerable people and people with disability. The kind of job which is executed in the project requires physical energy where people with disability may have difficulty to accomplish.
Source: Primary data genereted through public consultation, August 2013
During public consultation following points have emerged:
The PAPs and other stakeholders consulted are in favor of the project.
The project Affected People will prefer house for house in the same village or
nearby,
The PAPs who are involved in business have given their choice near the market
or cell / sector resettlement scheme;
Farmers have also indicated cash for agriculture land;
Most of the PAPs are looking some form of incentive for themselves from the
projects such as regular/ temporary jobs.
38
5. RESETTLEMENT ACTION PLAN IMPLEMENTATION
5.1 INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS
The RAP implementation includes the identification of affected families and land asset
inventory of the Project Affected Parties (PAPs). The activities are 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. The RAP will be implemented
under an institutional arrangement.
The implementation arrangements of the RAP build on:
The arrangements for the overall program management is of Ministry of Agriculture and Animal husbandry;
MINAGRI will associate agencies at the National, District and Local levels for co-ordination; and
The main executing agency MINAGRI will work in close coordination with Ministry of Infrastructure, REMA, RDB at national level and District Administration at local level.
An institutional matrix has been prepared for the implementation of the Resettlement Action Plan as reported in Table 19
Table 19: Implementing Institutions and their Responsibility
S.No Activities in RAP Implementing Institution
1 Overall Management of RAP Ministry of Agriculture and Animal Resources
2 Identification of affected
families and land asset
inventory of the Project
Affected People (PAPs)
District Administration in consultation with
respective sectors and cells in which road is
situated.
3 Verification of PAPs District Land Commission (DLC) and MINAGRI
4 Compensation Agreements MINAGRI in association with District Land
Bureau
5 Payments District administration and Department of
Revenue
6 Grievances Grievances Committee
7 Dispute Grievances Committee and Court
8 Monitoring and Evaluation Social Safeguard offices of District and
MINAGRI
At the local level, the Rwamagana District authorities will play a critical role in supervising
the feeder road project resettlement and compensation planning, implementation and
monitoring. This will be mainly done through the District Land Bureau. The key actors on
the ground involved in implementation will be the individual project Resettlement and
Compensation Committees members, which will comprise representatives from MINAGRI,
39
RFRP and at Sector and Cell level. This Committee will coordinate the implementation
of RAPs as well as develop and implement consultation and grievance mechanisms
via Project Coordinator Rwanda Feeder Road Project, and environmental and social
Officer. Resettlement committee and grievance committee will be established by the
district and Ministry of Agriculture after the detailed design studies and detailed census of
Eligibility for compensation as a result of expropriation is enshrined in the constitution under article 29 and the Expropriation Law. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights. The person to be expropriated is defined under article 2(7) of the Expropriation Law to mean any person or legal entity who is to have his or her private property transferred due to public interest, in which case they shall be legally entitled to payment of compensation. WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets- are also eligible for compensation for the land they lose, and other assistance.
Each category in the eligibility matrix has compensation calculations associated with it based on type of lost assets, tree, type of crop and yields (Refer Table 2).
While WB OP 4.12 indicates that squatters (i.e. the PAPs who do not have title or valid claim to the land) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Rwanda law has no such mechanism to protect land owners in case of absentee land lords or
users. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas.
Rwanda expropriation law stipulates a timeframe upon when the property to be
expropriated must be handed over which is 90 days after compensation has been paid.
WB OP4.12 requires that displacement must not occur before necessary measures for
resettlement are in place, i.e., measures over and above simple compensation.
5.3. Valuation and Compensation
As per the Valuation Law, all peoples affected by expropriation must receive fair and just
compensation. The calculation of fair and just compensation is to be made by
independent valuers. Whilst fair and just compensation is stipulated to be market value for
land and other assets, clarification of what this comprises
is not made clear in the legislation. The following methods of calculation are adopted for
assets valuation.
a) Compensation for Land
Land for land is the first compensation option and compensation in cash at full
replacement value will be considered only if the affected land is less that 20% of total
land. Replacement land should be of equivalent productive value and 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. Cash compensation should be valued based on the
prevailing market value in the locality (local market price variations as provided by
ministerial order on land prices outside Kigali city (MINIRENA, 2010)). 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).
b) Compensation for Crops and Trees
PAPs will be encouraged to harvest their produce before loss of land. 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 that crops cannot be harvested, compensation for loss of crops and
trees including value of fruit trees will be provided as follows.
- Provision of cash compensation for value of crops lost, at current market value
(equivalent to average of last 3 years of market value or, market value of mature crop
in the scarce season – whichever is greatest);
- Provision of seed or seedlings appropriate for the resettled areas
- Provision of cash compensation to cover the income foregone during the period that
the PAP is without land. The cash compensation will be equivalent to the value of
crop production lost, until the replacements are yielding to the same level (i.e., the
period until the replacement seed/seedlings are producing whether the same year for
annual crops, or longer in the case of shrub or tree crops).
- For fruit trees that take longer to mature and yield and are seasonal, the cost of the
yields for the period that the tree will take to mature should be calculated including
future price of the fruits.
41
C) Compensation for houses and other Structures
There are two options for compensating structures in lands that will be expropriated. The
preferred option for structural compensation will be to provide alternate structures (huts,
houses, farm outbuildings, latrines, storage facilities and fences among others) of
improved quality where possible. In case of residential structures, the replacement should
provide better standards of living. Alternative method of structure compensation will be to
provide cash compensation at full replacement value.
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.
Furthermore, resettlement assistance will be provided in the form of a moving allowance
(at full costs of transport expenses). As Rwanda is implementing grouped settlement,
affected people will be offered plots in selected sites for house construction.
d) Assistance to vulnerable people
In addition to compensation allowances, vulnerable people will be assisted by providing
them assistance to facilitate reestablishment of livelihood activities (provision of
seedlings, agricultural inputs, and financial credits for equipments, health insurance etc).
Severely affected PAPs and those from 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 skills training program will be designed during project
implementation
e) Project related job opportunities
Affected persons will be prioritized in gaining employment in the works linked to the
feeder Roads rehabilitation. Minagri, Districts and the contractor will ensure that this is
included in the contractors’ specifications wherever possible.
5.4 Complaints Procedure
The Article 26 of the Expropriation Law N0 18/2007 of 19/04/2007 provides complaints
procedures for individuals dissatisfied with the value of their compensation. Article 19 of
the expropriation law stipulates that dissatisfied persons have a grace period of 30 days
42
after the project approval decision has been taken to appeal. However for the project the
the following mechanism will be adopted.
Registration of the complaint, grievance or dispute case by MINAGRI in
collaboration with local authorities (Sector level);
Processing of the grievance or dispute until closure is established based on
evidence that action satisfactory to complainant was taken by MINAGRI; and
In the event where the complainant is not satisfied with action taken by MINAGRI
as a result of the complaint, an amicable mediation can be triggered involving a
mediation committee independent from the Project (see below).
5.4.1 Grievance Redress Mechanisms
After approval of individual RAP, affected Persons and households will have been
informed of the process for expressing dissatisfaction and for seeking redress. The
grievance procedure will be simple, and will be administered as far as possible at
the Sector/ Cell level by the Resettlement and Compensation Committee to
facilitate access by PAPs. A representative of the Committee will act as Project
Liaison Officer and be the main project contact for all PAPs The PLO will work in
collaboration with an independent agency/NGO or person to ensure objectivity in
the grievance process. All grievances concerning non-fulfillment of contracts,
levels of compensation, or seizure of assets without compensation shall be
addressed to the Project Liaison Officer 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
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 this asset); e.g. due Recent change of asset ownership
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.
In the event where the complainant is not satisfied with action taken by MINAGRI as a
result of the complaint, an amicable mediation can be triggered involving a mediation
43
committee independent from the Project. . The committee will have official from the
following:
One representative of the local Administration;
One MINAGRI representative acting as an observer;
Three representatives of the affected people, including at least one woman,
chosen by the complainants from the GRIEVANCE Redress Committees (GRC)
and/or amongst community based organizations, elders, customary authorities,
One representative of an NGO or of a religious organization present in the project
area.
The Committee will be notified by MINAGRI taking into consideration the location of
feeder road.
5.4.2 Grievances resolution By Court
It is encouraged to resolve the issues at Cell level, as they are aware of and involved in
the whole process. If the grievance is not resolved in this way, local courts (ABUNZI)
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. The suggested grievance handling
procedure can be summarized as follows:
5.5 Monitoring and Evaluation
The arrangements for monitoring the resettlement and compensation activities will
fit the overall monitoring program of the entire the proposed Environmental and Social
Management Plan (ESMP) for Rwamagana Feeder road development project, which will
fall under the overall responsibility of the hired independent experienced company,
MINAGRI and District authorities. The coordinator SPIU will have responsibility for
ensuring monitoring is undertaken with the Resettlement and Compensation
Committee coordinating efforts. Periodic evaluations will be made in order to determine
whether: the PAPs have been paid in full and 90 days before implementation of the
project activities; economic rehabilitation measures have been implemented; and
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. In addition, an independent
audit will take place at the completion of the RAP implementation.
5.6 Community Involvement
Infrastructure development projects are designed and implemented for the public good. 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.
44
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,
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
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 DISCLOSURE OF SOCIALSAFEGUARDS INSTRUMENTS
The Ministry of Agriculture and Animal Resources will disclose this Resettlement Action
Plan by making copies available at its head office and in District / Sectors/ Cell project is
situated. The copies shall also be made available to the local government’s agencies, the
Environmental and Social Group and other stakeholders. The Government of Rwanda will
also authorize the World Bank to disclose this RAP electronically through its InfoShop
5.8 BUDGETS FOR RAP
The budget for RAP includes compensation for all type of properties, crops, land, and
facilities. The Government of Rwanda, through Ministry of Agriculture, will make available
funds for compensation and this will be done prior to any taking of land. In event of loss
occurring to an individual, Article 3 of the Expropriation Law stipulates that he or she
should receive just compensation for it. This entitlement is based on the figure arrived at
by the independent valuer. Article 4 of this law also stipulates that any project which
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 22 (2) of the Expropriation Law provides that through an
agreement between the person to expropriate and the one to be expropriated, just
45
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. Land
acquisition and compensation will be undertaken according to national legislation with
particular reference to the Law on Expropriation for Reasons of Public Use, and the World
Bank’s policies (OP 4.12); the latter will prevail. Based on field visits the data on
compensation have been prepared and summarized in Table 20 for land, in Table 21 for
agriculture produce, and Table 22 for buildings along with business. The average cost of
land is estimated RWF 204/m2. The costs of trees are reported in Table 23.
Table 20: Price for land in Different Sectors of Rwamagana District8
Sector Cell Land Price / m2 in FRW
Fumbwe Nyagasambu 199
Other cells 168
Gahengeri Each site 153
Gishari - 306
Karenge - 245
Kigabiro - 551
Muhazi - 551
Munyaga - 122
Munyiginya - 138
Musha Musha 138
Other Cells 122
Muyumbu - 138
Mwulire Ntunga 199
Other Cells 168
Nyakaliro - 107
Nzige Akanzu 184
Other Cells 168
Rubona - 153
8 Source: Official Gazette No. 19 of 10/05/2010
46
Table 21: Compensation Rates for Crops9
S.No Crop Unit Rate (RWF)
1 Banana Plantation Rwf/m2 400
2 Tomato Plantation Rwf/m2 750
3 Sweet Potatoes Rwf/m2 200
4 Casava plants) Rwf/m2 405
5 Coffee Plants Rwf/m2 2500
6 Coffee Plantation Rwf/m2 400
7 Fence (in Europhobia) Rwf/m2 420
Table 22: Compensation Rates for Building/House10
S.No House Building Unit Value (Rwf)
1 Mud House Rwf/m2 20,000
2 Residentiel Brick Rwf/m2 50,368
3 Commercial Brick Rwf/m2 50,368
Table 23: Tree Compensation Budget
S.NO Type of Tree Unit Valuation Rwf
1. Avocado (Young) Rwf/Tree 4005
2. Cedrela (Young) Rwf/Tree 5720
3. Eucalyptus (Mature) Rwf/Tree 4000
4. Grevellela (Mature) Rwf/Tree 858
Source: Field Discussions
Based on the impacts described earlier, this section present the budget estimates
according to the aforementioned valuation methodologies and unit value rates. The
estimated budget for RAP is summarized in Table 24 while for RAP implementation
monitoring is presented in Table 25.
9 Source: Field Survey August 2013 10 Market Rate-Discussion during Field Visit; The minister order determining the price of the building is Rwf 30,500 m2 for foundation; 13,3368 Rwf/m2 for Elevation; 5000 Rwf for roofing and 1500 Rwf for pavement. This makes the total of 50,368 Rwf/m2
47
Table 24: Resettlement Action Plan Estimates/ Budget
S.No Impact Description Unit Quantity Frequency Rate Total (RWF)
A Compensation For Loss
1 Loss of Land ha 29.36 Once 204/ m2 59,894,400
2 Temporary loss of lands ha 3 Once 40/m2 1,200,000
3 Loss of Crops (Banana) ha 3.55 Once 400/m2 8,200,000
4 Coffee plantation ha 3.50 Once 200/m2 7,000,000
5 Loss of Agro forestry ha 3.50 Once 800,000/ha 2,800,000
6 Loss of House Number 15.0
(average 25m2)
Once 50,368/ m2 18,888,000
7 Loss of Trees Number 153 Once 4,000 612,000
8 Loss of Fence m 255 once 420 107,100
9 Valve Chamber (60x60x75 cm) Numbers 9 once 60,000 540,000
10 Replacement of Water Pipe m 48 Once 3300 154,400
11 Transportation Expenditure for transfer
of House hold goods (Full Cost)
Number 15 Once 22,500 337,500
12 Disturbance Allowance Number 15 Once 22,500 337,500
10 Rent for Land for Contractors Works ha 4 One year 300/m2 12,000,000
11 Assistance to vulnerable people Number 30 Once 200,000 6,000,000
12 Sub Total of A 190,870,500
13 Training of officers involved at local
level in environmental and social
management
Years 2 Twice a Year Included in Environmental
and social Monitoring costs
14 Review, documentation, and other
policy matter
Meetings 4 Three times in a year
for two years
Included in Environmental
Monitoring costs
48
S.No Impact Description Unit Quantity Frequency Rate Total (RWF)
Contingencies’(10%) 18,487,050
Total 209,357,550
Table 25: Resettlement and Compensation Monitoring Program
S.No Impact Parameter to be Monitored
Indicator Method Frequency Responsibility Cost Estimates (RWF)
1 Loss of Land Compensation Received
Amount of Money Received/ Land Received in Exchange
Payment List/ Land Title
On monthly Basis MINAGRI/ District Authority/ RFRP
3,600,000
2 Compensation for Crops
Compensation Received
Amount of Money Received/ Receipt
Payment List On monthly Basis MINAGRI/ District Authority / RFRP
6,840,000
3 Banana/ Coffee Plantation
Compensation Received
Amount of Money Received/ Receipt
Payment List On monthly Basis MINAGRI/ District Authority / RFRP
3, 750,000
3 House Compensation
Compensation Received
Amount of Money Received/ House Received in Exchange
Payment List/ House Title
On monthly Basis MINAGRI/ District Authority / RFRP
600,000
4 Loss of Agro forestry
Compensation Received
Amount of Money Received/ Receipt
Payment List On monthly Basis MINAGRI/ District Authority / RFRP
600,000
5 Loss of Trees Compensation Received
Amount of Money Received/ Receipt
Payment List On monthly Basis MINAGRI/ District Authority / RFRP
120,000
6 Grievances Compensation Amount of Money Payment List Monthly Basis MINAGRI/ 20,000,000
49
S.No Impact Parameter to be Monitored
Indicator Method Frequency Responsibility Cost Estimates (RWF)
Mechanism Received Received/ Receipt District Authority / RFRP
Total For Resettlement Monitoring 35,510,000
Contingencies (10% of Above) 3,551,000
Total 39,061,000
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6 CONCLUSION AND RECOMMENDATIONS
6.1 CONCLUSIONS
Based on Project Description, Socio-economic Baseline Data, Environmental
Impacts, and Resettlement Action Plan (RAP), the following conclusions are
drawn:
i) The consultant has reviewed the report as explained in the approach and
methodology. The review included the up-dating of missing data on actual
number of PAPs, baseline on social-economic profile of PAPs and assessment
of impacts. The proposed feeder road rehabilitation will play an important role in
economical growth and reduction of the poverty. Educational, cultural and health
centers will have an easy access thus making improved living standards and
quality life of the people.
ii) The cost of the interventions to improve the feeder roads has been reproduced
from the feasibility report. The total cost to improve of 203.73 km of feeder roads
amount to US$ 14.054 million, the average cost per km amounts to US$ 69,325.
The total cost of 162.9 km of priority roads will be about US$ 11.293 million. The
RAP cost is estimated RWF 248,418,550 (including 10% Contingencies). The
details are as follows:
Resettlement Action Plan : 209,357,550
Resettlement Action Plan Monitoring : 39,061,000
The RAP cost is 3.25% of project costs.
iii) The widening of ROW will need 29.26 ha of additional land for the road
rehabilitation. The land use of this land is Agriculture-20.55 ha; Agro-forestry- 3.5
ha and Coffees/Banana Plantation- 3.5 ha. The loss of houses will be 15 in
number. The project will have 217 PAPs Families. The loss of trees will be 153.
The resettlement and compensation of crops, houses and land will be made as
per law of Rwanda.
iv) Private land will be acquired; in the process attention should be given for
Permanently Affected People (PAP) who will resettle to the other places. The
Rwanda expropriation law for public interest and policy of the Government of
Rwanda and World Bank Guideline will be followed for compensation, and in the
case of inconsistency between these two standards, OP 4.12 shall prevail.
v) During public consultation few recommendation were drawn are :i) Involve local
communities in all stages of project planning and development, ii) Permanent
communication between projector initiators and local authorities, iii) for RAP a
cut-off has to be determined as per Rwanda Resettlement Policy Framework iv)
All people whose properties have been affected by the project have to be
compensated for loss of land, crops and trees as provided for in this RAP, v)
Grievance redress and monitoring register have to be set-up and the process
be publicized in the affected areas vi) During construction, PAPs shall be given
first priority in the employment of skilled and unskilled manpower.
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6.2 Recommendations
The stakeholders including the PAPs are positive for the development of the
project. During public consultation following points have emerged:
The project Affected People will prefer house for house in the same
village or nearby,
The PAPs who are involved in business have given their choice near
the market or cell / sector resettlement scheme;
Farmers have also indicated cash for agriculture land;
Most of the PAPs are looking some form of incentive for themselves
from the projects such as regular/ temporary jobs.
ii) In view of above it could be concluded that project will bring benefit to the
people of the area. The resettlement impacts are within the manageable
limits and can be mitigated with the proposed resettlement management
plans and payment of compensation and hence the implementation of the
project is in the public interest.
52
Annexure 1 : Study Team
S. No. Name of the Expert Specialization
1 Dr Krishna Pal Environmental Specialist and Team Leader
2 Rutebuka Balinda Sociologist
3 Jacques Bizimana Computer Data Operator
ANNEXURE 2 : DEFINITION USED RAP
Agricultural labourer: means a person primarily resident in the affected area
who does not hold any land in the affected area but who earns his livelihood
principally by manual labour on agricultural land therein immediately before such
declaration and who has been deprived of his livelihood;
Agricultural land includes lands being used for the purpose of
i) Agriculture or horticulture;
ii) Dairy farming, poultry farming, pisciculture, breeding of livestock or nursery
growing medicinal herbs;
iii) Raising of crops, grass or garden produce; and land used by an agriculturist
for the grazing of cattle, but does not include land used for cutting of wood only
Census: is a data collection technique of completing enumeration of all Project
Affected Families and their assets through household questionnaire.
Compensation: means payment in cash or in kind to replace losses of land,
housing, income, and other assets caused by a project.
Cut-off date: This refers to the date prior to which the project affected family
was in possession of the immovable or movable property within the affected
zone.
Entitlement: is defined as the right of project affected persons (PAPs) to receive
various types of compensation, relocation assistance, and support for income
restoration in accordance with the policy provisions.
Entitlement Matrix is a table to define different nature of PAPs losses and
compensation packages and other relocation assistance.
Family includes a. person, his' or her spouse, minor sons, unmarried daughters,
minor brothers, unmarried sisters, father, mother and other relatives residing with
him or her and dependent on him or her for their livelihood; and includes "nuclear
family" consisting of a person, his or her spouse and minor children
Non-agricultural labourer means a person who is not an agricultural labourer
but is primarily residing in the affected area who does not hold any land under
the affected area but who earns his livelihood principally by manual labour or as
a rural artisan immediately before such declaration and who has been deprived
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of earning his livelihood principally by manual labour or as such artisan in the
affected area;
Non-titleholder: Affected persons/families with no legal title to the land,
structures and other assets adversely affected by the project. Non-titleholders
include encroachers, squatters, etc.
Project Affected Persons (PAPs): indicates any person being as it may an
individual, a household, a firm or a private or public who, on account of the
execution of the project, or any of its components or sub-projects or parts thereof
would have their right, title or interest in any house, land or any other asset
acquired or possessed, in full or in part; or business, occupation, work, place of
residence or habitat adversely affected; or standard of living adversely affected,.
Rehabilitation (Income restoration/Livelihood restoration): means the
process to restore income earning capacity, production levels and living
standards in a longer term.
Replacement cost/value: Replacement cost is the cost of purchasing
comparable assets elsewhere by the affected person in lieu of the acquired land,
buildings, structures, and other immovable assets, etc.
Socio-economic survey: is carried out in order to prepare profile of PAPs and
to prepare for Resettlement Action Plan. The survey result is used (i) to assess
incomes, identify productive activities, and plan for income restoration, (ii) to
develop relocation options, and (iii) to develop social preparation phase for
vulnerable groups.
Titleholder: A PAP/PAF who has legal title to land, structures and other assets
in the affected zone.
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Annexure 3: Questionnaire for Social Survey
1. IDENTIFICATION
1.1 City/Town :____________________ Name of Street /Road :_____________________
1.2 Name of Settlement/area:___________________Chainage No. :_____________________
1.3 Name of Head of the Household/Owner: 1.4 Name of the Respondent: 1.5 Relationship to HH : 1.6 Category of PAF:
2. GENERAL INFORMATION 2.1 Religious Group: Christians - 1 Muslim - 2 Others (specify) - 3 2.2 Social Group: Vulnerable - 1 General - 2 2.3 Mother Tongue :
___________________________________________________ 2.4 Place of Nativity
2.5 Family Pattern : Joint - 1 Nuclear - 2 Individual - 3 2.6 Size of Family : Small (2-4) - 1 Medium (5-7) - 2 Large(Above 7) - 3 3. FAMILY PARTICULARS (Start from head of the household)
S. No
Name of the member
Relation-ship to HH Head
Sex
Age (years)
Marital
Status Education
Any Disability
Any skilled family
member
1
2
3
4
5
3.1 Household’s Main Occupation_________________and Monthly
income(RWF_____________ 3.2 Subsidiary Source _________________and Monthly Income (RWF)
_____________________ 3.3 No. of Adult earning members: ________ 3.4 No. of dependents: _______ 3.5 Family annual expenditure: RWF____________________________ 3.6 Indebtedness
4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES 4.1 Type of Shop/Business Enterprises (SBEs) Hotel -1 Tea &Snaks -2 Repair & Workshop -3 Other Shops (Specify) -4 Other Enterprise (Specify) -5 4.2 No. of Partners :_____________________________________ 4.3 Employment Pattern Owner/Operator -1 Employed 1 to 5 persons -2 Employed 5 & above -3 5. VULNERABILITY HH below poverty line -1 HH becoming BPL as a result of loss of livelihood/assets -2 Female headed household -3 6. INFORMATION ON AFFECTED PROPERTY 6.1 Details of the structure
Type of
Use
Year
Cons type
No.of Rooms/ storey
Utility connection
Total area(Sq.m)
Impacted area(Sq.m)
Impact
P F
Type of Use:1. Residential, 2.Commercial, 3.Residential cum Coomercial, 4.Other (Specify)
6.2 Other Affected Assets Compound wall -1 Tree -2 Open well -3 Others (Specify) -4 Replacement Value (Rs.) :……………………………………….. 7. PROJECT RELATED INFORMATION 7.1 Are you aware of the proposed Feeder Road Project? Yes -1 No -2 7.2 If Yes,Source of information_______________________________ 7.3 What is your opinion about the project? Good -1 Bad -2 Can’t say-3 7.4 If good, what positive impacts do you perceive? _________________________________________ 7.5 If bad,what negative impacts do you perceive? _________________________________________
8. RESETTLEMENT AND REHABILITATION 8.1 In case you are displaced (residentially where and how far you prefer to be located?
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Within the area - 1 Outside the area - 2 Place name: ……………Distance (in k.m.) 8.2 Replacement Option Land for land lost -1 Cash Assistance -2 House in Resettlement Site -3 Shop in Resettlement Site -4 Other(Specify) 8.3 Factors to be considered in providing alternate place Access to family/friends -1 Income from household activity -2 Income from Business activity -3 Daily Job -4 lose to Market -5 Other(Specify) -6
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Annexure 4: Photographs of Feeder Roads in Rwamagana and View of People Present in the
Public Consultation Meeting
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PHOTOGRAPHS OF PUBLIC CONSULTATION IN RWAMAGANA DISTRICT