FINAL REPORT · 2018. 11. 23. · Resettlement Action Plan For Selected Feeder Roads in the...

REPUBLIC OF RWANDA

MINISTRY OFAGRICULTURE AND ANIMAL RESOURCES

RWANDA FEEDER ROADS DEVELOPMENT PROJECT

FINAL REPORT

RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS IN

GISAGARA DISTRICT

December 2013 and revised in

September 2015

Resettlement Action PlanFor Selected Feeder Roads in the District of Gisagara in Rwanda - Project ID: P126498

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TABLE OF CONTENTS

List of Tables 2 List of Figures 3 Annexure 3 Abbreviations 3 Basic Data on Resettlement Action Plan 4 0 Executive Summary 5 0 Incamake 9 1 Introduction 13 1.1 Background 13 1.2 Resettlement Action Plan Objective 14 1.3 Approach and Methodology 14 1.4 Format of the Report 15 2 Policy, Legal and Institutional Framework 16 2.1 National Relevant Policies and Strategies 16 2.1.1 National Land Policy 16 2.1.2 National Development Strategy 16 2.1.3 Land Tenure System and Provision in Rwanda 17 2.2 Legal Instruments 17 2.2.1 Important Resettlement Legislation 17 2.2.2 World Bank Policy 20 2.3 Eligibility Criteria for Resettlement 24 2.3.1 Cut-off Date 24 2.4 Institutional Arrangement and Framework 27 3 Project Description 29 3.1 Project Location 29 3.2 Objective of the Project 29 3.3 Project Details 29 3.3.1 Brief Description of Feeder Roads Project 30 3.3.2 Feeder Roads Design Standards 30 4 Project Affected Persons and Socio-Economic Profile 32 4.1 Socio Economic Baseline of District 32 4.1.1 Demographics 32 4.1.2 Socio Economic Conditions 32 4.2 Socio Economic Conditions of affected people 33 4.2.1 Household size 33 4.2.2 Marital Status 34 4.2.3 Employment Status 34 4.2.4 Vulnerability of PAPs 34 4.2.5 Education of PAPs 35 4.2.6 Livestock in the surveyed household 36 4.2.7 Economic activities and source of Income 36 4.2.8 Housing condition of PAPs 36 4.2.9 House conveniences and their conditions 37 4.3 Resettlement Implications 39 4.3.1 Loss of Houses 39 4.3.2 Loss of Land 39

Resettlement Action Plan For Selected Feeder Roads in the District of Gisagara in Rwanda - Project ID: P 126498

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4.3.3 Impact Analysis 40 4.4 Public Consultation and Participation 40 4.4.1 Stakeholders 40 4.4.2 Public Participation – Methods and Process 40 4.4.3 Finding of Public Consultation meeting 43 4.4.4 Verification and disclosure of entitlements 45 4.4.5 Other meetings and consultation 45 5 Resettlement Action Plan Implementation Framework 47 5.1 Institutional Implementation Arrangements 47 5.2 Criteria for Expropriation and Compensation 48 5.3 Valuation and Compensation 50 5.4 Complaints Procedure 52 5.4.1 Grievances Redress Mechanism 53 5.4.2 Grievances Resolution by Court 53 5.5 Monitoring and Evaluation 54 5.6 Community Involvement 56 5.7 Disclosure of Social Safeguards Measures 56 5.8 Budget of RAP 56 5.9 Implementation schedule 60 6 Conclusion and Recommendations 61 6.1 Conclusion 61 6.2 Recommendations 62 Annexure 63

LIST OF TABLES

1 Comparison between World Bank OP 4.12 and Rwanda Laws 21 2 Entitlement Matrix 25 3 Length and Width of Project’s feeder roads 31 4 PAHs Surveyed and Type of Loss 33 5 Household size 33 6 Marital status of respondents in surveyed households 34 7 Employment status of PAPs 34 8 Vulnerability in PAPs 35 9 Level of Education of members in the households surveyed 35 10 Number of Livestock in the households 36 11 Economic activities and Source of Income in households 36 12 Housing conditions 38 13 Conveniences in the Households and their conditions 38 14 Details of Houses on Road Side 39 15 Land use change 39 16 Impact Analysis 41 17 List of Authorities consulted 43 18 Summary of Feeder Roads Public Consultation in Gisagara 44 19 Implementing Institutions and their Responsibility 46 20 District resettlement and compensation committee 48 21 22 23

Resettlement measures accepted for each PAPs category Resettlement and compensation monitoring programmes Compensation rate for crops and trees

52 54 57

24 Compensation rates for building/ houses 58 25 Estimated cost for the implementation of RAP 58 26 Implementation schedule 60


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LIST OF FIGURES

1 Location of Gisagara District in Rwanda 13 2 Location of Feeder Roads in Gisagara District & Priority 31

ANNEXURE

1 Initial Study Team 63 2 Project Team for RAP update 63 3 Terms used in RAP 63 4 Questionnaire for Socio Economic Survey 65 5 Meeting minutes and PAPs attendance lists 67

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 LS : Lump sum MINAGRI : Ministry of Agriculture and Animal Resources MINIRENA : Ministry of Natural Resources 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 : Square Mile ToR : Terms of Reference WB : World Bank WHO : World Health Organization

CURRENCY EQUIVALENTS (September 2015)

Currency Unit = Rwanda 1 EUR = 830 Frw 1 US$ = 738 Frw

FINANCIAL YEAR

July 1 to June 30, Next Year

MEASURES Km2 = Square kilometer ; % Percentage ha : Hectare ; Km Kilometer


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BASIC DATA ON RAP

No Description Impacts in Quantity

1 District Gisagara

2 Province Southern Province

3 Planned activity Construction/ Rehabilitation of

Roads, Drainage and Bridges

4 Cost of civil works on 71.14 km 5,607,647 $US

5 Unit cost for civil works/km 89,430 $US

6 Cost of RAP 88,087,377 Frw

7 Total number of project affected persons 8,110

8 Total number of affected households 1,622

9 Number of households who lose strips of lands

in ROW (with properties incorporated thereof)

1,622

10 Number of households who lose house fully 21

11 Number of households who lose house partially No

12 Private fences affected in meters No

13 Number of institutional buildings affected fully No

14 Loss of agricultural lands permanently in

hectares

4.8

15 Loss of Crops and trees in ha 3.8

16 Loss of settlement lands in ha 1.0

17 Water Tank affected No

18 Fully affected households No

19 Partially affected households 1,601


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0. EXECUTIVE SUMMARY

Background and Objectives: Rwanda has four provinces (East, West, North and South)

and Kigali City. The capital, Kigali, is located near the centre of Rwanda1. The District of

Gisagara is one of the 8 Districts that make up southern province. It is made up of 13

sectors which are Gikonko, Gishubi, Kansi, Kibilizi, Kigembe, Mamba, Muganza,

Mugombwa, Mukindo, Musha, Ndora, Nyanza and Save. These sectors are subdivided into

59 Cells and 524 villages. The District covers a surface area of 679.2km2. It is bordered in

the South and East by the Republic of Burundi, in the North by Nyanza District, and in the

West by Huye and Nyaruguru Districts2. The district of Gisagara is about 140 km by road

from Kigali the Capital of Rwanda and it can be approached via National Road (NR)-1. The

total population of Gisagara District in 2012 was 322,803. The increase during last 10 years

was 2.1% per year which accounts 80% of national average being 2.6%. The population

density is 475 person / km2 which is 14% higher than the national average of 416 person /

km2. The population is unevenly distributed and the most populated sector is Mamba. The

data indicates that the majority of the population is young with 53% aged less than 19 years

and 81% under 40 years; people aged 65 and above are 2%. Females are 52% in the

district.

The Ministry of Agriculture and Animal Resources is planning to develop feeder roads in

the district. The total length planned is about 71.14 km in 3 road sections. 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

safeguard measures prepared by Rwanda Transport Development Agency (RTDA). The

specific objectives are:

Review and update the existing RAPs by undertaking independent assessment of

existing report and make the necessary changes as well as completing missing

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 operation

policies and safeguards measures of the World Bank (WB).

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 Report

Environmental and Social Impact Report in which resettlement action plan is prepared. The

missing data, analysis and computation were identified. The missing data was collected,

compiled and analyzed during field studies. Participation of stakeholders has also been

taken into consideration in formulating the approach and methodology for the study. 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 safeguards policy (OP 4.12 on Involuntary

Resettlement). The cost of resettlement action plan and monitoring programs were

estimated and budgeted for based on norms available in government of Rwanda

notifications and market rates analysis. The Rwanda National Acts, Legislations and Laws

were consulted with a view to ensure compliance with various requirements.

1Geography of Rwanda, Wikipedia, the free Encyclopedia 2http://www.gisagara.gov.rw/index.php?id=1031

http://www.gisagara.gov.rw/index.php?id=1031


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Baseline Data and Impacts Assessment: The existing ROW along the project road varies

in the range of 4.5-6 m. The data has been collected and compiled for 4.5 to 5.5 m on either

side from central line of the road. The loss of houses will be 21 in number and about 4.8 ha

of land will be needed for road widening. The analysis of data has also indicated that about

80% land on road side is under agriculture. Hence 3.8 ha will be under agriculture and 1

ha under settlement. The project will affect 8,110PAPs in1,622 Households. The total cost

for RAP implementation is estimated at 66,487,377Frw.It’s worth to note that from 2010 all

land in the country has been registered and we have observed two categories of

landholders, namely property owners and tenants. No squatters or informal landholders

were identified along selected roads.

Entitlement for Compensation: The resettlement and compensation of crops, trees and

houses will be made as per the law of Rwanda wherever it is not possible/ feasible; the

market rate will be adopted. The lost land will not be compensated since it is Government

properties. 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:

Category of

PAP

Type of loss ENTITLEMENTS

Compensation for

loss of structures

Compensation for loss

of land

Compensation

for loss of

income

Moving

allowances

Property

Owners

Permanent

loss of land

The compensation for

land will not be needed

since the land to be

affected by road

widening is Government

land

Temporary

loss of land

Land will be rehabilitated

after extraction and will

be handed over to the

owner

Rental allowances

Loss of

structure/

houses

Compensation at full

replacement value

not depreciated,

taking into account

market

values for structures

and materials.

Coverage of

full cost for

total transport

expenses

Loss of trees Cash compensation

based on type, age and productive

value of affected


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trees

Loss of crops

including tree

crops

PAPs will be

allowed to harvest their seasonal

crops. For

perennial crops,

Cash

compensation will

be done as per the

Rwandan law.

Good quality

seeds/seedlings

will also be given

to PAPs

Property

lease

holders/Ten

ant

Loss of crops PAPs will be

allowed to harvest

their seasonal

crops. For

perennial crops,

Cash

compensation will be done as per the

Rwandan law.

Loss of Rental accommodation

PAPs will be

facilitated to get

shelter/

accommodation;

Coverage of

full cost for

total transport

expenses

Public Consultation: During public consultation, few recommendations drawn are (i)

Involve local communities in all stages of the project planning and development, (ii)

Permanent communication between project initiators and local authorities, (iii) for RAP a

cut-off date 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 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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During public consultation following points have emerged:

The Project Affected People will prefer monetary compensation for their houses,

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 compensation for affected agriculture

land, crops and trees;

Most of the PAPs are looking some forms of incentives for themselves from the

projects such as regular/ temporary jobs.

Poorest vulnerable PAPs requested to be assisted to improve their houses or get

new houses.

Resettlement Costs: The training and social unit establishment costs have been included

in environmental costs. The cost of the interventions to improve the feeder roads of 181 km

will be US$ 16.147 million with an average cost per kilometer amount to US$ 89,430. The

total cost for 3 priority roads of 71.14 km is estimated to US $ 5.607 million. The RAP cost

is estimated to 88,087,377 Frw without Contingencies, which is 2.1% of the project cost.

The details are as follows:

Resettlement Action Plan :57,587,377 Frw

Resettlement Action Plan Monitoring : 30,500,000 Frw

Conclusion: It could be concluded that project will bring benefit to people such as fast

mobility from one place to another for human and material and better road infrastructure

for the people of the area, among others. 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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0. INCAMAKE3

U Rwanda rugizwe n’Intara enye (4) (Intara y’Iburasirazuba, Iburengerazuba,

Amajyaruguru n’Amajyepfo) n’Umujyi wa Kigali. Umujyi wa Kigali, uherereye hagati mu

gihugu. Akarere ka Gisagara ni kamwe mu turere umunani tugize Intara y’Amajyepfo

Iburasirazuba. Gisagara igizwe n’imirenge 13 ariyo Gikonko, Gishubi, Kansi, Kibilizi,

Kigembe, Mamba, Muganza, Mugombwa, Mukindo, Musha, Ndora, Nyanza na Save. Iyo

Mirenge igabanyijemo Utugari 59 n’Imidugudu 524.Akarere ka Gisagara gafite ubuso bwa

679.2 Km2. Ako Karere gahana imbibi Igihugu cy’u Burundi mu Majyepfo n’Iburasirazuba,

Akarere ka Nyanza mu Majyaruguru, n’uturere twa Huye na Nyaruguru mu Burengerazuba.

Akarere ka Gisagara kandi gaherereye kuri 140Km uturutse mu Mujyi wa Kigali, gahuzwa

n’Umujyi n’Umuhanda wa munini Kigali - Huye. Ibarura rw’abaturage ryo muri 2012

ryerekanye ko Gisagara ifiteabaturage 322,803. Ubwiyongere bw’Abaturage mu myaka 10

ishize bwari 2.1% ku mwaka mu gihe impuzandengo y’ubwiyongere bw’abaturage mu

gihugu yari 2.6% ku mwaka. Ubucucike kuri Km2 ni 475, bukaba burutaho 14% ubw’igihugu

bungana na 416 kuri Km2. Umurenge utuwe cyane ni Mamba.Umubare munini w’abaturage

(53%) ugizwe n’urubyiruko ruri munsi y’imyaka 19 mu gihe 82% bari munsi y’imyaka 40,

abaturage barengeje imyaka 65 ni 2%. Umubare w’Abagore ungana na 52% by’Abaturage

b’Akarere bose.

Minisiteri y’Ubuhinzi n’Ubworozi irateganya gutunganya imihanda yo mu Karere ka

Gisagara. Uburebure bw’imihanda 3 buteganywa gukorwa ni 71.14 Km. Intego nyamukuru

y’iyi nyigo n’iyo gufasha Minisiteri y’Ubuhinzi n’Ubworozi (MINAGRI) gukosora raporo ya

gahunda y’ibikorwa byo kwimura no gutuza abazangirizwa n’ikorwa ry’imihanda (RAP)

yakozwe n’Ikigo gishinzwe iterambere rya ry’imihandamu Rwanda (RTDA). Aka kazi

kazibanda ku nshingano zihariye zikurikira:

Gukosora no kuzuza raporoyakozwe na RTDA hashingiwe kuri raporo y’inyigo

tekiniki nshya n’ibarura ry’ibishobora kwangizwa n’itunganywa ry’imihanda;

Gutunganya neza raporo igashyirwa ku rwego rukurikije ibisabwa n’amategeko y’u

Rwanda n’aya Banki.

Uburyo bwo gukusanya ibikenewe:Gutunganya iyo raporo bizashingira ku bisabwa muri

ToRs, ku ntego nyamukuru y’imirimo iteganyijwe ndetse no ku ngano y’akazi. Raporo

yakozwe na RTDA yasubiwemo n’impuguke. Ibyaba bibuze muri iyo raporo byamaze

kugaragazwa. Imibare ikenewe yarakusanyijwe irasesengurwa. Uruhare

rw’abafatanyabikorwa bose narwo rwatekerejweho mu gihe hategurwa gahunda

izakurikizwa mu gukusanya ibikenewe.Iyi nyigo izakorwa mu burwo izahuzwa

n’ibiteganywa n’amategeko y’u Rwanda na Banki. Igiciro cyo gushyira mu bikorwa gahunda

y’iyimurwa ry’abazangirizwa n’ikorwa ry’imihanda ndetse n’ikurikiranabikorwa

cyarateganyijwe hashingiwe ku mategeko y’u Rwanda no ku giciro cyo ku isoko.

Amategeko y’u Rwanda ajyanye no kwimura abantu ku nyungu rusange yarakoreshejwe.

Imibare-fatizo n’Isesengurwa ry’ingaruka: Imihanda yo mu Karere Umushinga

uzakoreramo ifite ubugari buri hagati ya 4.5-6 m. Imibare yakusanyijwe kuri 4.5-5.5 m ya

buri ruhande rw’umuhanda uhereye ku murongo ugabanya umuhanda mo kabiri.Amazu

azangizwa n’iyagurwa ry’imihanda ni 21, hakazanakenerwa 4.8 ha z’ubutaka.

3: Translation of the executive summary in Kinyarwanda (local language)


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Hafi 80% by’ubwo butaka, bungana na 3.8ha, bwakoreshwaga mu buhinzi.naho busigaye

bwa 1 ha bukaba butuweho.Imiryango 1,622 igizwe n’abantu 8,110 niyo ifite ibikorwa

bizangizwa n’Umushinga. Igiciro cya Gahunda yo kwimura no gutuza abazangirizwa

n’iyagurwa ry’imihanda yatoranyijwe muri Gisagara ni 66,487,377 Frw. Ni byiza kwibutsa

ko kuva mu 2010, mu Rwanda hatangiye igikorwa cyo kwandika ubutaka; hakaba

haragaragaye ibyiciro bibiri by’imikoreshereze y’ubutaka: ba nyirubutaka n’abakodesha.

Uburenganzira ku nyishyu ikwiye: Kwimura no gutanga indishyi ku myaka, amazu

n’ubutaka bizakorwa hakurikijwe amategeko y’u Rwanda, ndetse aho bishobotse,

hakoreshwe igiciro kiri ku isoko. Ubutaka buzangizwa ntibuzishyurwa kuko bubarirwa mu

mutungo wa Leta. Abazimurirwa ahandi bazitabwaho by’umwihariko. Itegeko ry’u Rwanda

ryo kwimura abantu mu nyungu rusange ndetse n’irya banki (OP 4.12) bizakurikizwa mu

gutanga indishyi ikwiye(aho bigaragara ko ayo mategeko abusanya, hazakoreshwa irya

banki). Usibye kwishyura ibizangirika, Umushinga wo gutunganya imihanda uteganya

gahunda yihariye yo kwita ku batishoboye kugira ngo imibereho yabo irusheho kuba

myiza.Imbonerahamwe ikurikira iragaragaza uburenganzira ku nyishyu ikwiye:

Icyiciro cya

PAPs

Icyiciro

cy’ibyangijwe

Uburenganzira ku nyishyu

Inyishyu ku

nyubako zangijwe

Inyishyu ku butaka

bwangijwe

Inyishyu ku

nyungu

zatakajwe

Ubwishyu

bw’urugendo

Nyirumutun

go

Ubutaka bwatakajwe

burundu

Ubutaka buzangizwa n’iyagurwa ry’umuhanda

ntibuzishyurwa kuko ari

ubwa Leta

Ubutaka

bwatakajwe

by’agateganyo

Ahazakurwa laterite

hazasubiranywa neza

mbere y’uko hasubizwa

ba Nyiraho

Ubukode ku

butaka

Inyubako

zangijwe

Inyishyu ikwiye ku

nyubako zizangizwa

zizishyurwa

hashingiwe ku

gaciro k’inyubako no ku giciro kiri ku

isoko.

Kwishyura

amafaranga

y’urugendo

Ibiti byangijwe Inyishyu ikwiye izatangwa mu mafaranga y’u Rwanda hashingiwe ku bwoko, imyaka n’agaciro k’igiti kizangizwa

Ibihingwa

byangijwe

(ubariyemo

Abafite ibikorwa

bizangizwa

n’umushinga


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ibiti by’imbuto

ziribwa)

(PAPs)

bazategerezwa

basarure imyaka

yabo. Naho

imyaka idashobora

kuzaba yasaruwe

mu gihe

cy’imirimo,

izishyurwa mu mafaranga nk’uko

amategeko y’u

Rwanda

abiteganya. Aba

PAPs kandi

bazahabwa

ingemwe z’ibiti mu

rwego rwo

gusimbura ibizaba

byangiritse.

Umukode

Ibihingwa

byangijwe

(ubariyemo

ibiti by’imbuto

ziribwa)

Abafite ibikorwa

bizangizwa

n’umushinga

(PAPs)

bazategerezwa

basarure imyaka

yabo. Naho

imyaka idashobora kuzaba yasaruwe

mu gihe

cy’imirimo,

izishyurwa mu

mafaranga nk’uko

amategeko y’u

Rwanda

abiteganya.

Inyubako zikodeshwa zangijwe

PAPs bazafashwa

kubona

amacumbi;

Kwishyura

amafaranga

y’urugendo

Inama menyekanishabikorwa: Mu nama menyekanishabikorwa, hemejwe ko (i)

abagenerwabikorwa bagomba kugira uruhare mu byiciro byose by’Umushinga kuva mu

itegurwa kugera mu ishyirwa mu bikorwa ryawo; (ii) guhanahana amakuru hagati

y’ubuyobozi by’umushinga n’ubw’inzego z’ibanze; (iii) italiki abazangirizwa batagomba

kugira ibikorwa bishya kandi bimara igihe bakora igomba kwemezwa, (iv) abazangirizwa

bazahabwa indishyi ku mitungo izangizwa; (v) Igitabo cyandikwamo uko ibibazo


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byakemuwe n’ikurikiranywa ryabyo kigomba gushyirwaho; (iv) mu gihe cy’imirimo,

abazangirizwa ibikorwa bagomba guhabwa akazi.

Mu gihe cy’inama menyekanishabikorwa, hifujwe ibi bikurikira:

Abafite amazu azimurwa bifuje ko batuzwa mu midugudu yabo cyangwa hafi yayo;

Abasanzwe bakora ubucuruzi bifuje gutuzwa hafi y’isoko, cyangwa mu

midugudu ku Kagali cyangwa ku Murenge; Abazatakaza imyaka n’ibiti, bifuje guhabwa indishyi mu mafaranga

Abafite ibikorwa bizangirika bifuje kandi gufashwa mu kubona akazi mu

mirimo iteganyijwe.

Igiciro cyo kwimura: Igiciro cyo kubaka ubushobozi bw’abagenerwabikorwa

cyagaragajwe mu giciro cya gahunda y’isuzuma-ngaruka. Imirimo yo gutunganya 181 km

izatwara miliyoni 16.147 z’amadorari y’Amerika, aho igiciro cya 1km kibarirwa 89,430 $US.

Igiciro cy’uburebure bwa 71.14 km bw’imihanda 3 izatunganywa muri iki cyiciro ni miliyoni

5.607z’amadorari y’Amerika. Amafaranga ateganyirijwe gahunda yo kwimura no gutuza

abazangirizwa ibikorwa no gukora imihanda ni 88,087,377 Frw, agabanyije mu buryo

bukurikira:

Kwimura no gutuza abazangirizwa n’ikorwa ry’imihanda : 57,587,377 Frw

Gukurikirana gahunda yo kwimura no gutuza abazangirizwa

n’ikorwa ry’imihanda: 30,500,000 Frw

Igiciro cya RAP kingana na 2.1% by’igiciro cy’imirimo yo gukora imihanda.

Muri rusange, ibikorwa byo kwagura imihanda bizagirira akamaro abaturage bo mu Karere umushinga ukoreramo. Imihanda nayo izarushaho kuba myiza. Gahunda yateganyijwe yo kwimura abantu no gutanga indishyi ikwiye zishobora guhagarika cyangwa kugabanya ingaruka mbi zaterwa no kubimura. Ibi bikaba bigaragaza ko ishyirwa mu bikorwa ry’uyu mushinga rigamije inyungu rusange.


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1 INTRODUCTION

1.1 BACKGROUND

The District of Gisagara is one of the 8 Districts that make up southern province. It is made

up of 13 sectors which are Gikonko, Gishubi, Kansi, Kibilizi, Kigembe, Mamba, Muganza,

Mugombwa, Mukindo, Musha, Ndora, Nyanza and Save. These sectors are subdivided into

59 Cells and 524 villages. The District covers a surface area of 679.2km2. It is bordered in

the South and East by the Republic of Burundi, in the North by Nyanza District, and in the

West by Huye and Nyaruguru Districts3. The district of Gisagara is about 140 km by road

from Kigali, the Capital of Rwanda and it can be approached via National Road (NR)-1. The

total population of Gisagara district in 2012 was 322,803. The increase during last 10 years

was 2.1% per year which accounts 80% of national average being 2.6%. The population

density is 475 person / km2 which is 14% higher than the national average of 416 person /

km2. The population is unevenly distributed and the most populated sector is Mamba with

34,954 persons. The data indicates that the majority of the population is young with 53%

aged less than 19 years and 81% under 40%; people age 65 and above are 2%. Females

are 52% in the district. Figure 1 indicates the location of Gisagara District in Rwanda.

Figure 1: Location of Gisagara District in Rwanda

The economy of Gisagara is dominated by agriculture generally constrained by poor

3http://www.gisagara.gov.rw/index.php?id=1031

http://www.gisagara.gov.rw/index.php?id=1031


14

condition of the feeder roads network. The feeder roads project in Gisagara will improve

the poor condition of the roads in order to minimize post-harvest loss and high transport

price. The development of the feeder roads requires the preparation of a Resettlement

Action Plan (RAP) to ensure that the planned activities are socially implemented in full

compliance with Rwanda’s and the World Bank’s social policies and regulations.

The existing RAP for Gisagara feeder roads was prepared in November 2013 and covered

7 roads with a total length of 181 Km. Due to reduction in number of roads to be developed

(from 7 to 3 roads), thereby causing changes in total road length (from 179.9 km to 71.14

km) and affected properties, the existing RAP report for Gisagara was updated to include

only affected properties within 3 priority roads.

1.2 RESETTLEMENT ACTION PLAN OBJECTIVES

The main objective of the assignment was 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 as follows:

to review and update the existing RAP 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 operation

policies and safeguards measures of the World Bank (WB).

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 RAP Report done under RTDA supervision. The missing

data or data to be updated were collected, compiled and analyzed during field studies

conducted on 21-24th of September 2015 by the Project Safeguards team. The experts

associated with the study are reported in Annexure 1 and 2. Further the consultants and

Project team 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 was 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 social appraisal procedures. The Consultants apart from following

standard social impact assessment practices and procedures have deployed advanced

technologies, techniques and tools to the extent that these are applicable and relevant to

this project.

A questionnaire was developed to collect and compile the data. Based on the questionnaire

the socio-economic profile of the effected people have been studied, analyzed, verified and

quantified, wherever possible.


15

The cost of resettlement management plan and monitoring programs was estimated and

budgeted for. The Rwanda National Acts, Legislation and Laws and World Bank policies,

especially OP/BP 4.12 on involuntary resettlement were consulted with a view to ensure

compliance with various requirements.

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. The Terms used in RAP are defined in

Annexure 3.

1.4 FORMAT OF THE REPORT

This updated report has been prepared taking into consideration the legal requirements in

the country and the World Bank OP 4.12. The main findings are reported in conclusion and

recommendations section for disclosure 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 details 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 Section 6.

The literature, books, reports and maps referred to are presented as footnote in the main

body of the report. At the end, the report has annexure which are reported in the main body

of the report.


16

2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

2.1 NATIONAL RELEVANT POLICIES AND STRATEGIES

This section describes the relevant policies and strategies, legal instruments, institutional

arrangement and framework applicable to rehabilitation and /or construction of feeder road

in different districts of Rwanda with respect to resettlement and compensation. The

awareness of social issues started as early as in 1920. Since 1977 action program were

initiated such as: human settlement (1977), stockbreeding (1978), soil protection and

conservation (1980), water supply in rural areas (1981), erosion control (1982) and

reforestation (1983). The national environment strategy was prepared in 1988-1989 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; and

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 manner.

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 Strategy4

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 priorities for Economic

Development and Poverty Reduction Strategy (EDPRS II) as a medium-term framework

4 Rwanda Vision 2020; Republic Of Rwanda; Ministry Of Finance and Economic Planning (2000)


17

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.

The District Land Bureau, Sector Land Committees and Cell Land Committees is

responsible to initiate the expropriation and District Council implements the expropriation

after considering the decision of the Land Commission (Expropriation law, 2007).

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 gazette

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 17/2010of 12/05/2010; establishing and organizing the

Real Property Valuation in Rwanda;

Organic Law No 32/2015 of 11/06/2015relating 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;


18

Ministerial 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); and

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 16/06/2013determining 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. 32/2015 of 11/06/2015 relating to Expropriation in the Public interest,

O.G. Special No. of 31/8/2015: This law determines the procedures relating to

expropriation of land in the interest of the public. Article 3 of the law stipulates that

the government has the 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. According


19

to the organic law, no person shall hinder the implementation of the program of

expropriation on pretext of self-centered 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

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, 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 12/05/2010 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 determining the structure, the

responsibilities, the functioning and the composition of Land Commissions:

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 provisions related to the cell adjudication committee (“CAC”).


20

Articles 17, 20, 22, and 23 provide the process for resolving disputes. Article 17

also grants parties, the right to take that dispute to the mediation committee. Article

20 provides procedures for the CAC 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 without 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, or to minimize and mitigate its adverse social and

economic impacts. Specifically, OP 4.12 states that project planning must avoid and

minimize involuntary resettlement, and that if people lose their homes or livelihoods as a

result of projects, they should have their standard of living improved, or at least restored. It

promotes participation of displaced people in resettlement planning and implementation.

The OP 4.12’s key economic objective is to assist displaced persons in their efforts to

improve or at least restore their incomes and standards of living after displacement. The

policy prescribes compensation and other resettlement measures to achieve its objectives

and requires that implementers prepare adequate resettlement planning instruments prior

to appraisal of proposed projects. A comparison of the World Bank Policy OP 4.12 and the

laws, regulations and guidelines for land acquisition and resettlement of the Government

of Rwanda (GOR) is available in Table 1. The comparison also includes which law will

prevail during conflict. It’s worth to note that In the case of conflict between World Bank

Policies and National regulations, the former shall prevail.

Resettlement Action PlanFor Selected Feeder Roads in the District of Gisagara in Rwanda - Project ID: P126498

21

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.

Where applicable adopt

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


22

Principles

Rwanda Legislations



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. 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) upon which interested parties are

entitled to respond. 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.

Furthermore, where the borrower

has offered to pay compensation to

an affected person in accordance

with this 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.


23

Principles

Rwanda Legislations



Eligibility

Article 18 of the law requires

the person who owns land

intended for expropriation to

provide evidence of ownership

or rights on that land and

presents a certificate to that

effect

OP 4.12 criteria for eligibility include even

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 and

also those who have no recognizable legal

right or claim to the land they are occupying

Adopt OP 4.12 approach. This will

be more appropriate for

determining eligibility due to 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

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

Resettlement Action Plan

ForSelected Feeder Roads in the District of Gisagara in Rwanda - Project ID: P126498

24

2.3 ELIGIBILITY CRITERIA FOR RESETTLEMENT

As per the Organic Law N° 43/2013 of 16/06/2013 governing land in Rwanda and the Law

No. 32/2015 of 11/06/2015 relating to Expropriation in the public interest, the expropriation

as provided for in the law shall be carried out only in the public interest and no land owner

shall oppose any activity carried out on his or her land. In case it causes any loss to him or

her, he or she shall receive just compensation for it (Art.3 of the law No. 32/2015 of

11/06/2015). 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 OP4.12, 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

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 which is

the date on which the social economic census started, was fixed on July 13th, 2015.



25

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 (title

holders)

Loss of land ------ The compensation for land will

not be needed since the lost

land for road widening is

Government land

------ None

Temporary loss of

land

Burrow pit area will be

rehabilitated after extraction

and will be handed over to the

owner

Rental allowances

Loss of structure

Compensation at

full replacement

value not

depreciated,

taking into

account market

values for

structures and

materials.

Coverage of full cost

for total transport

expenses

Loss of Trees Cash compensation

based on type, age

and productive value

of affected trees as

per the Rwandan law

Loss of crops

(including tree crops)

PAPs will be

allowed to harvest

their seasonal

crops. For perennial

crops, Financial

Good quality tree

seeds/seedlings will also be

given to PAPs and planted

along developed road for

both road protection and



26

compensation will

be done as per the

Rwandan law.

replacement of some lost

trees

Property

lease

holders/Te

nant

Loss of rental

accommodation

PAPs will be

facilitated to get

shelter/

accommodation;

Coverage of full cost

for total transport

expenses

Loss of crops

(including tree crops)

PAPs will be

allowed to harvest

their seasonal

crops. For

perennial crops,

Financial

compensation will

be done as per the

Rwandan law.

Good quality tree

seeds/seedlings will also be

given to PAPs and planted

along developed road for both

road protection and

replacement of some lost

trees .



27

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 (MINAGRI);

Rwanda Natural Resources Authority (RNRA);

Provincial and District Administration (District Land Bureau, Sector Land

Committees and Cell Land Committees and the Land Commission.

The Ministry of Natural Resources (MINIRENA) is responsible for developing the policies

and norms for efficient land, water resources, mining and environmental management.

The Ministry of Agriculture (MINAGRI) through RFRDP is the executing agency for the

project. The participating district will be the implementation entity of the project. The district

will be supported by the RTDA. RTDA and MINAGRI have environmental and social

specialists that look after environmental and social management issues for the main road

contracts. The environmental officer of the district is responsible for environmental and

social safeguard aspects of development projects, but due to capacity limitation, his

engagement is restricted to minor community level development actions. In addition to the

support staff, training and technical assistance for safeguards will be provided by the

project management consultancy firm to be engaged under the project.

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. The RNRA was 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:

i) implementing national policies, laws, strategies, regulations and government

resolutions in matters relating to the promotion and protection of natural

resources;

ii) making a follow up and implementing international conventions Rwanda ratified

on matters relating to the conservation of natural resources;

iii) advising the Government on appropriate mechanisms for conservation of natural

resources and investments opportunities;

iv) registering land, issuing and keeping land authentic deeds and any other

information relating to land of Rwanda;

v) providing technical advise on the proper use of natural resources;

vi) making follow up and supervising activities relating to proper management,

promotion and valuation of natural resources including land;

vii) rehabilitating and conserving where natural resources are damaged in the

country;

viii) making a follow up and supervising activities relating to the proper use of natural

resources;



28

ix) promoting activities relating to investment and added value in the activities of

use and exploitation of natural resources in Rwanda;

x) instituting regulations, guidelines and appropriate mechanisms for management,

use and conservation of natural resources and ensuring their implementation;

Rwanda Transport Development Agency (RDTA) is a public institution with financial

autonomy in the Ministry of Infrastructure. It was established by organic law No 02/2010 of

20/01/2010 and is responsible for policy development, advisory and monitoring.

District

The District determines and approves projects of expropriation in the public interest. The District

also initiates the expropriation and implements/ supervises the expropriation after

considering the decision of the Committee in charge of monitoring projects for expropriation

in the public interest (Expropriation law, 2015).



29

3. PROJECT DESCRIPTION

3.1 PROJECT LOCATION

The Gisagara District is situated in the Southern Province of the country. The district is

about 140 km by road from Kigali the Capital of Rwanda and it can be approached by

National Road (NR)-1. The district of Gisagara is predominantly rolling hills. The roads in

Gisagara are mostly in hilly terrain. The hills are populated with scattered settlements often

located on the small holdings of individual households (average holding about 0.5

ha/household). 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 limited vegetation. The farms usually are on the foot of the hills. The

roads are mainly on hills slopes and the side slopes may have to be stabilized while

widening. But this will not require relocating large population. The impact on fauna and flora

is not expected as road is not passing through the Conservation areas. The proposed 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 to moderately hard that could be excavated by

mechanical equipments and labour. The soil around Gisagara is sandy clay and makes the

road slippery during rainy season.

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 Gisagara 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 1-2m

for possible feeder road widening. Cultivation extends into close to the feeder road, with

mostly banana plantations and seasonal crops cultivated.

The areas steeper than 35° are not in agricultural use. The rehabilitation of feeder roads

will have environmental and social issues.



30

3.3.1 Brief Description on Feeder Roads

The Rwanda Transport Development Agency (RTDA) has prepared feasibility report for

180 km feeder roads in the district of Gisagara. 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 180 km have been selected for social impact

assessment and preparation of RAP. The above length is covered in 3 priority section of

feeder roads. A brief description of these roads is presented below; the initial number

communicates the priority of road and later as road number:

1 Gisagara-Mirayi-Kirarambogo-Rwamiko-Saga-Mugombwa (Road No 6): The

road is 35.44 km long and traverses the Ndora, Muganza and Mukindo sectors.

Initially up to 11 km the average section width is about 6 m and may need widening

for drainage works. The road has number of sections and many places need

widening up to 2.5 m. The horizontal and vertical alignments are very poor,

stretches with steep gradients and hairpin curves are frequent. Rwamiko-Saga-

Mugombwa feeder road section traverses the Mukindo and Mugomba Sectors.

2 Kagwene-Ngiryi-Gisagara (Road No 4): This feeder road is 10.45 km long. This

section is in better condition and need drainage, widening may be required at

selected places. The road has loss of camber, lack of side drains and bad

condition of the bridge/culverts.

3 Save-Gasagara-Gikonko-Cyili (Road No 1): The Road is 25.25 km long and

traverses the north part of Gisagara District in Save, Musha and Gikonko Sectors.

The starting point is the center of Save Centre, and the ending point is next the

northern part of Gikonko Sector. It leads to the main inter district Road (Gisagara-

Huye). The horizontal alignment is fair present hairpin curves with radius below 50

m. The vertical alignment follow the natural ground and in some sections steep

gradients are above 10%.The average width of the existing road is 5-6 m in some

section as densely populated areas and close work of water supply along the

route. The drainage systems along the project feeder road section are either not

existing or where side drains and culverts exist, they are poorly maintained. There

is need to install additional pipe culverts at sections where drainage was

noticeably poor.

3.3.2 Feeder Road Design Standards

Generally the study of rehabilitation intends to improve the condition of the district

network that can:

Ensure an average commercial speed of 40 kmh,

Reduce routine and periodic maintenance cost, and

Reduce vehicle operating costs and contribute to economic growth.

The length and the required width are presented in Table 3 while the locations of feeder

roads in the district are available in Figure 2.

Table 3: Length and Width Planned for Feeder Roads



31

Priority

No

Road Sector Length

(Km)

Width

(m)

1 Gisagara-Mirayi-Kirarambogo- Rwamiko-Saga-Mugombwa 35.44 6.0

2 GisagaraNgiryi- Kagwene 10.45 6.0

3 Save-Gasagara-Gikonko-Cyili 25.25 7.0

Total 71.14 6/7

The priority feeder roads for rehabilitation have the main activity namely: i) Rehabilitation/

maintenance of drainage works; ii) Rehabilitation/ maintenance of Bridges; iii)

surfacing/resurfacing of carriage way pavement up to a width of 6 m. The drainage

intervention consists of construction of the culvert at every 250 m. The three type of side

drain are proposed in feasibility study: a) rectangular in masonry at the crossing of

important villages, b) trapezoidal unlined and c) trapezoidal lined in masonry when the

gradient is greater than 5%. The majority of existing bridges will be reconstructed in the

current location. The widening of roads will force to acquire more land along the roads and

will create resettlement problems and hence compensation have to be paid or PAPs.



32

Figure 2: Location of Feeder Roads in Gisagara District

4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC

PROFILE

4.1 Socio-economic baseline of the district

4.1.1 Demographics

The total population of Gisagara district in 2012 was 322,803. The increase during the last

10 years was 2.1% per year which accounts 80% of national average being 2.6%. The

population density is 475 person / km2. The average size of the household in Gisagara

district (4.6) is slightly below the national average household size. Gisagara ranks among

the nine districts with lower average sizes of household. About 40% of the population in

Gisagara district is identified as non-poor, 27% as poor (excluding extreme-poor) and 32%

as extreme-poor. Compared with other districts of Southern Province, Gisagara district

comes fifth for proportion of non-poor. Gisagara district comes 25th among the thirty

districts of the country. The land cultivated per household in Gisagara district is 0.56 ha,

slightly below the national average, whereas the median size of 0.33 ha is equal to the

national average. Gisagara district has also 47% of cultivating households that cultivate

less than 0.3 ha of land.



33

4.1.2 Socio-Economic conditions

In Gisagara district, the household income is driven by agriculture income (53%), followed

by wages (22%) and rents (8%). The lowest contributors to household income in Gisagara

district are business income and private transfers, with 5%. From the viewpoint of the basic

services, Gisagara district ranks slightly lower than the national average.

Referring to the mean walking distance to primary school by district, Gisagara ranks the

last with 35.5 minutes as mean walking distance to a primary school, only 35.5% of the

households benefit of a walking distance lower than 29 minutes. The average walking

distance to a primary school in Gisagara district is 24% higher than the 28.6 minutes the

mean distance in national rural area. The mean walking distance to a health centre in

Gisagara district it is 70 minutes and 34% of households walk for less than an hour on

average to reach a health centre. The mean walking distance to a health centre is 35

minutes in urban areas and 64.4 minutes in rural areas, while it is one hour country-wide.

The average walking distance to a health centre in Gisagara district is 10% higher than the

mean distance in national rural area. The overall employment rate is 87% of the resident

population aged 16 years and above in Gisagara district; the unemployment rate is 0.2%

and the economic inactivity rate is 12.8%. Gisagara district is ranked 8th among the first

ten districts. The national average employment rate is 84%, the unemployment rate is 0.9%

and the economic inactivity rate is 15%.

Commercialization of crop production (rice, Banana, Beans, Cassava and Maize) as

measured by the share of harvest sold (including households selling zero crops), is 22.5%

in Gisagara district. Significant differences among sectors have to be noticed; the three

northern sectors (Mamba, Gikonko and Musha) contribute 63% of the commercialized

agricultural output of the district.

4.2 Socio-economic conditions of affected people

In order to capture the socio economic conditions of the population affected by the feeder

roads project in Gisagara District, the consultant and project team carried out a field survey

by using a questionnaire as available in Annexure 4. After conducting the field visit of all

feeder roads in Gisagara District, the census of households likely to be affected by the

rehabilitation of the feeder roads was done and questionnaire based interview administered

to develop socio-economic profile of PAPs. The questions asked were related to different

variables: household size, education, marital status, income and source of income,

housing, etc. The same questionnaire used was previously administered. Table 4 shows

the number of project affected households (PAHs) who were surveyed, their type of loss

as well as the closest feeder road.

Table 4: PAHs Surveyed and Type of Loss

Priority

Road No

Feeder Road PAHs Type of Loss

1 Save-Gasagara-Gikonko-Cyili 997 Land, Crops and houses



34

4 Gisagara-Ngiryi-Kagwene 120 Crops

6 Gisagara-Mirayi-Kirarambogo- Rwamiko-

Saga-Mugombwa- Akanyaru 505 House, crops and Part of

Land

TOTAL 1622

Source: Field survey, September 2013, updated in July 2015

The rehabilitation of feeder roads in Gisagara district will affect 21houses.

4.2.1 Household Size

Table 5summarizes the household size of the households’ respondents. The results’

analysis indicated that the majority of PAP household’s size is Medium with 60.3%, ie the

size of the household ranges between 4-7 followed by Large HH size with 24.8%. The

proportion of 14.9% has small size, meaning between 2-4 persons per household.

Table 5: Household Size of the Households

S.No Household size Number of Respondents Percentage (%)

1 Small (<3) 238 14.9

2 Medium (4-7) 966 60.3

3 Large (Above 7) 396 24.8

Total 1600 100

Source: Field survey, September, 2013 updated in July 2015

4.2.2 Marital Status

The marital status of the PAP is an important parameter to know the views of different

categories of people about the project. Table 6 shows the marital status of the PAP. About

88% of PAPs are married; 9.9 % widow, 0.8% divorced while 1.3% of respondents are

single.

Table 6: Marital Status of Respondents in Household Surveyed

S. No Marital status Number of respondents Percentage (%)

1 Married 1408 88.0

2 Single 22 1.3

3 Widow 158 9.9

4 Divorced 12 0.8

Total 1600 100

Source: Field Survey, July 2015



35

4.2.3 Employment Status

All PAPs are employed in either their own or at someone else agricultural farm. This can

be explained by the fact that in the district, the agricultural activities (Rice, Banana,

Cassava) are dominant. Table 7 describes the employment status of members in the

household surveyed.

Despite the eloquent figure of people who are employed among the PAPs, it is observed

that the practiced agriculture is still subsistent, it needs a serious improvement, there is a

paucity of commercial activities among the PAPs.

Table 7: Employment Status of PAPs

S.No Employment Frequency (No) Percentage (%)

1 Employed (agricultural) 1600 100

2 Pensioner 0 0

3 Civil Servant 31 2.0

4 Construction (mason,

assistant mason)

85 5.3

5 Commerce 32 2

6 Student, pupil 6 0

7 Housewife 0 0

Unemployed 0 0

Military Servant 0 0

Not applicable 0 0

Total 1600 100

Source: Field Survey, September 2013 updated in July 2015

4.2.4 Vulnerability of PAPs

The vulnerability and social group for individuals in the community is for a paramount

importance because it gives the idea of level of vulnerability. The Table 8 gives some detail

on vulnerability among the PAPs.

Table 8: Vulnerability in the PAPs

S.N0 Social group Frequency (No) Percentage (%)

1 Living with Disability 15 0.9

2 Orphans 0 0

3 Aged people 30 1.9

4 People in Normal

Conditions

1555 97.2

Total 1600 100

Source: Field Survey, September 2013, updated in July 2015

The majority of the project affected population (97.2%) are in normal conditions and

vulnerable Persons (orphans disabled and aged people) represent 2.8%. Other PAPs to



36

be considered vulnerable, but not mentioned separately in the table below include widows

and women headed households.

4.2.5 Education of PAPs

The level of education among the PAPs is very low as revealed by the data analysis

reported in Table 9. Among the respondents (PAPs), 15.0 % are illiterate, primary

(elementary level) education represent 75.0%; 5.0% have incomplete secondary level. The

proportion representing those who completed the secondary vocational represents 5.0 %.

The main reason is the poverty of households that could not afford school fees and

materials required for the education of their children. But nowadays, due to the government

policy, elementary education is free, therefore every parents has an obligation to send his

children to school.

Table 9: Level of Education of Members in the Household Surveyed

S.No Level of education Frequency (No) Percentage (%)

1 No literate 240 15.0

2 Primary 1202 75.1

3 Incomplete Secondary 80 5.0

4 Secondary 0 0.0

5 Secondary vocational 78 4.9

6 Incomplete Higher 0 0.0

7 Higher (Bachelors Degree) 0 0.0

8 Postgraduate 0 0.0

Total 1600 100

Source: Field Survey, September 2013, updated in July 2015

4.2.6 Livestock in the Surveyed Household

The Table 10 presents the number and type of livestock owned in the PAP’s household.

Table 10 indicates that 75% of the surveyed PAPs owned at least one type of livestock and

cattle (29.3%), chicken (19.4%), goat (15.4%) and pig (9.6%) are the dominant livestock.

The cattle dominated the livestock distribution in the project area, The poultry and goat

were also recorded.

Table 10: Number of Livestock in the Household

Livestock Type Frequency %

Cattle 471 29.3

Sheep 89 5.6

Goats 246 15.4

Pig 153 9.6

Chickens 310 19.4

Ducks 81 5.1

No Livestock 250 15.6

Total 1600 100

Source: field survey, September 2013, updated in July 2015



37

4.2.7 Economic Activities and Source of Income

Table 11 gives the details on economic activities of PAPs. The household source of income

is agriculture, means that a combination of the two activities is not frequent among the

surveyed households. Therefore, the agriculture constitutes the main economic activities

and source of income for the households surveyed, which covers approximately 97%.

Table 11: Economic Activities and Source of Income in Households

Main sources of income Frequency %

Income from own business (trade,

construction, etc)

32 2

Income from agriculture 1552 97

Income from rent of the house 16 1

Support from other relatives living in Rwanda 0 0

Income from sale of items of private property 0 0

Total 1600 100

Source: field survey, September 2013, updated in July 2015

4.2.8 Housing conditions of the PAPS

Housing condition is an important variable in studying socio economic aspects of a

household because it gives the idea on the living conditions of household members. The

Table 12 shows that all PAPs live in their own houses. A big proportion of these houses

60.0% are built in wood while 40.0% bricks.



38

4.2.9 House Conveniences and their Conditions

Table 13 summarizes the type of convenience in the house such as electricity, radio, mobile

phone, private toilette, etc. These are the indicator of development. All the surveyed

households (100%) have private toilette. Among the PAPs, no one has access to electricity

or uses solar energy. A significant proportion of the household surveyed have mobile

phones, from different telecommunication companies operating in Rwanda. Furthermore,

the consultant was informed that almost all households have radio, and some of them have

also bicycle.



39

Table 12: Housing Conditions

House Type Frequency %

House made in Frequency % Owner ship Frequency %

Cottage/rural

house

79 5 Wood 963 60.0 Owned 1600 100.0

Other 1521 95 Bricks (RUKARAKARA

+Cement)

637 40.0 Rented 0 0.0

Total 1600 100 1600 100 1600 100

Source: Field survey, September 2013, updated in July 2015

Table 13: Conveniences in the Surveyed Household and their Conditions

Grid

Electricity

Freque

ncy

% Solar

Energy

Frequ

ency

% Mobile

Phone

Frequency % Private Toilet Frequency %

Functions 0 0 Functions 0 0 Functions 1360 85 Functions 1600 100

Function

with

interruption

0 0 Function with

interruptions

0 0 Function with

interruptions

0 0 Function with

interruptions

0 0

Doesn’t

function

0 0 Doesn’t

function

0 0 Doesn’t

function

0 0 Doesn’t function 0 0

Doesn't

exist

1600 100 Doesn't exist 1600 100 Doesn't exist 230 15 Doesn't exist 0 0

Total 1600 100 Total 1600 100 1600 100 1600 100

Source: Field Survey, September 2013 updated in July 2015


40

4.3 RESETTLEMENT IMPLICATIONS

The feeder roads in Gisagara District pass through scattered settlements, villages and

trade centers. In many cases, the starting point is a trade center. The boundaries of feeder

roads expansion have not been transferred on the land. In general about 1 to 1.5 m average

width will be required for widening of road to have right of way of 9-10 m.

4.3.1 Loss of Houses

The details of houses on the feeder roads are presented in Table 14. In all about 21houses

are likely to be removed from the existing locations. The limited number of houses is due

to the fact that all along the feeder roads in Gisagara, houses are built away from the road

to be rehabilitated, or the concerned road is enough large.

Table 14: Details of Houses on Road Side

S. No. Feeder Roads Houses

1 Gisagara-Mirayi-Kirarambogo-Rwamiko-Saga-

Mugombwa

17

2 Gisagara – Ngiryi-Kagwene 0

3 Save – Gasagara – Gikonko – Cyili 4

Total 21

Source: Field Survey Data, September (2013) and updated in September, 2015

4.3.2 Loss of land

It is estimated that on average about 1 m widening will require 4.80 ha land for the priority

feeder road improvement. The analysis of data has also indicated that about 3.8 ha of land

was under agriculture. The land use change is presented in Table 15. This land

requirement for the road construction will change the land use permanently from

Barren/agricultural/built up land into road. This impact is permanent and irreversible change

in land use pattern. The required land for road widening improvement is from the

Government land and no compensation will be required.

Table 15: Land Use Change

Priority

No

Description Average

Additional

Width (m)

Length

(km)

Area

(ha)

1 Gisagara-Mirayi-Kirarambogo- Rwamiko-Saga-

Mugombwa

1.0 35.44 3.54

2 Gisagara-Ngiryi-Kagwene 0.0 10.45 0.00

3 Save-Gasagara-Gikonko-cyili 0.5 25.25 1.26

Total 71.14 4.80


41

4.3.3 Impact analysis

Analysis of impacts has been conducted. A check list has been prepared to list the

environmental parameters and the potential impacts. A typical checklist identifying the

anticipated environmental impacts due to the project activities are shown in Table 17. The

impacts have been categorized and analyzed in the following manner:

i. Nature (positive/negative, direct/indirect);

ii. Magnitude (high, moderate, low);

iii. Extent/location (area/volume covered, distribution);

iv. Timing (during construction or operation, immediate; or delayed);

v. Duration (short term/long term, intermittent/continuous);

vi. Reversibility/irreversibility;

vii. Likelihood (probability, uncertainty); and

viii. Significance (local, regional, global).


42

Table 16: Impact Analysis

S. No. Activity Potential Impact Nature Magnitude Extent /

Location

Timing/

Phase

Duration Reversible

/ Irreversible

Likelihood Significance

i) Site Acquisition for

road construction

Change in land

use/ Loss of Land

Negative

Direct

Medium Small

Area/ Large

Distribution

Pre-

Construction

Long

Term

Irreversible Probability Regional

ii) Acquisition of Land Loss of Crops Negative

Direct

Medium Small

Area/ Large

Distribution

Pre-

Construction

Long

Term


iii) Acquisition of Land Loss of Agro-

Forestry

Negative

Direct

Low Small

Area/ Large

Distribution

Pre-

Construction

Long

Term

Irreversible Probability Local

iv) Acquisition of House Loss of House/

Residence

Negative

Direct

Low Small

Area/ Large

Distribution

Pre-

Construction

Long

Term

Irreversible Probability Local

v) Agriculture land

Acquisition

Loss of

Agriculture

Produce

Negative

Direct

Low Small

Area/ Large

Distribution

Pre-

Construction

Long

Term


Resettlement Action Plan for Selected Feeder Roads in the District of Gisagara in Rwanda - Project ID: P 126498

43

4.4 PUBLIC CONSULTATIONS AND PARTICIPATION

The Project team consulted the RAP report prepared in December 2013 before the

consultations with Gisagara stakeholders. This was done in May 2015. Public participation

and community consultation meetings for updating the existing RAP report then started in

June 2015 and have been taken up as an integral part of the 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 and discuss

issues related to resettlement and compensation. This participatory process will enable the

participation in the decision making process. The 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 as well as resettlement and

compensation process.

The project consultations were made to consult with the public as well as a number of local

authorities to explain the project, inform them on their roles and responsibilities and

determine their thoughts, opinions and feedback on the impact of the rehabilitation of feeder

roads in the District. The minutes of the consultation meetings are presented in Annexure

5.These stakeholders include the central and local authorities, as well as the population.

4.4.1 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.

4.4.2 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 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 as well as compensation procedures and payment modalities.


44

4.4.3 Findings from Public Consultation Meetings

a) Consultation with district authorities

District authorities were met on July 8th, 2015 to explain the project background, objectives,

planned activities, expected outcome/ benefits to farmers, district and the country,

implementation schedule and their roles and responsibilities and how negative impacts will

be mitigated. The procedures for valuation and compensation for affected properties as well

as compensation payment modalities were also discussed. The officials contacted and met

during public hearing are presented in Table 17.

Table 17: List of Authorities Consulted in Gisagara District

S.No Names Function Contacts

1 HATEGEKIMANA Esron Vice Mayor in charge of Economic

Development

0788484858

2 NDAYISHIMIYE Noel District Infrastructure officer 0788749989

3 MUSAFIRI Jean Pierre District land officer 0788440182

4 KAYUMBA Ignace Executive Secretary, Gikonko Sector 0782363193

5 Kimonyo Innocent Executive Secretary, Save Sector 0788616754

6 Ntiyamira Muhire David Executive Secretary, Musha Sector 0788463031

7 Renzaho Jean Damascene Executive Secretary, Ndora Sector 0788619071

8 Mugambira Etienne Executive Secretary, Gishubi Sector 0788798730

9 Kabalisa J Claude Executive Secretary, Muganza Sector 0788839376

10 NYIRAMANA Claudine Executive Secretary, Cyili Cell 0784143470

b) Consultation with PAPs

The SPIU RSSP – LWH, in collaboration with District administration, arranged consultative

meetings with the local communities on July 8th, 2015 for Road 1 and on July 9th, 2015 for

Road 4 and 6 to inform them about the project, benefits and their roles and responsibilities

and 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 Gisagara District. A total of 1061 people, including 172 women, from 3 priority roads

attended different consultation meetings. This represents 65% of the PAHs. The lists of

participants who attended the consultation meetings in Road 1, 4 and Road 6 is available

in Annexure 5.

Other meetings were organized before the census and after the census to inform the PAPs

on the valuation process and their rights and obligations in the RAP preparation and

implementation. The project photographs and people who participated in the public

consultation meetings are available in Annexure 5.

During public consultations, the following points have emerged:

The PAPs and other stakeholders consulted are in favor of the project

The project Affected People will prefer monetary compensation for their houses,


45

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 compensation for agriculture land, crops

and trees;

Most of the PAPs are looking some forms of incentives for themselves from the


Poorest vulnerable PAPs requested to be assisted to improve their livelihoods.

The cutoff date was fixed on July 13th, 2015. The census was scheduled between

15th and 30th of July 2015.

The data obtained from public consultations and views as well as concerns from local

communities are given in details in Table 18.

Table 18: Summary of Feeder Roads’ Public Consultation in Gisagara District

S. No Gender Question/comment Response

1 Male After extending his appreciation on the project, he asked How the compensation will be carried out?

The consultant team, explained that there will be an inventory of assets, houses, crops, land, etc, which are likely to be affected, thereafter there will proceed for compensation in line with the compensation guidelines provided by the Rwandan law. The inventory of properties likely to be affected will be started and completed in July 15. As per the law, the land that will be needed for road widening will not be compensated since it is Government land.

2 Male What will be the criteria for recruitment? Will there be tests?

This largely depends on the types of jobs and will be assessed on a case by case basis.

3 Female She said “I am happy for this project, as it comes to solve the problem of transport and isolation” However, she expressed her worries with regard to the valuation and payment / compensation for lost assets

The consultant team ascertained that the whole process of valuation, compensation and payment will be carefully carried out in strict respect of the Rwandan law. Furthermore, this process will be conducted in the presence of land owner and that of the owner of property incorporated on land and representative of local administrative entities.

4 Female How does this project help vulnerable people like people with disabilities and old people?

The project will benefit all people and it needs people with the ability to work on the project as well. Vulnerable people will be given priority for recruitment as other PAPs. Special attention will be given to the needs of the poorest vulnerable PAPs and needed assistance will be provided.

5 Female Priority for jobs should also consider women; women can do the same work.

Priority will include women, there will not be discrimination against women if they are able to accomplish specific task.

6 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 also be involved in the employment, especially those with skills. But those with no skills will be taken as manpower in the project implementation.


46

S. No Gender Question/comment Response

7 Female How will be the expropriation? Will people have a choice on price for their crops or houses destroyed?

The Rwandan expropriation law will be followed and applied. As per the law, the market price for assets likely to be affected will be used.

8 Male What about the material to be used in road rehabilitation (Stones, or laterite)?

The project team explained that the rehabilitation will use a compact laterite. The implementation of the project will be done according to Feeder roads standards

9 Female What benefits will there be for the population?

Apart from jobs, there will be road rehabilitation which will improve mobility for the population as well as their goods.

10 Male Wishes to speed up the road rehabilitation (project)

This is likely to occur.

11 Female When will the project start? Tender process for hiring the consultant company was initiated and works will start as soon as tender awarding is completed.

12 Female The project is genuine and very good for us, but how about the lose of land, crops, houses, etc

The consultant team suggested that they will make a list of people affected, and apply the rules and regulation in line with compensation

13 Male When and how compensation payment will be done?

The compensation process will start three months after census and disclosure of entitlements.

PAPs will be asked to provide bank account where the money should be transfer to.

Source: Primary data generated through public consultation, September 2013, updated in July 2015

4.4.4 Verification and disclosure of entitlements

Upon completion of identification of the households and valuation of their land and assets,

that would be affected by the project by the valuer and approval of the valuation report, the

MINAGRI/RFRDP and Gisagara District authorities organized meetings with PAPs to

communicate the valuation report and discuss compensation requirements and concerns.

The District also arranged meetings for the negotiations with the local communities to

discuss the alternatives for resettlement and compensation.

There have been meetings for disclosure from August 18th to 21st, 2015 where the district and project team presented the results of census and value of PAPs’ assets. Comments from the meetings were incorporated in the Census results.


47

4.4.5 Other meetings and consultations

There were other meetings and consultations with Gisagara District and banks and PAPs’

representatives to discuss how to proceed with the compensation payment and signing of

the agreement and contract documents. This meeting was held on September 2nd, 2015

and brought together representatives of the District, Project, PAPs and local Banks/Saccos.

It was agreed on that banks, operating in the project area, will facilitate PAPs without bank

accounts to open them.


48

5. RESETTLEMENT ACTION PLAN IMPLEMENTATION

FRAMEWORK

5.1 INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS

The RAP implementation includes the identification of affected households 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 arrangement for the overall program management is of Ministry of Agriculture

and Animal resources (MINAGRI).

MINAGRI will associate with Ministries and agencies at the National, District and

Local levels for co-ordination;

The main executing agency (MINAGRI) through Rwanda Feeder Roads Development Project (RFRDP) will work in close coordination with Ministry of Natural Resources (MINIRENA) through its Unit (Directorate) of Land and Mines as well as the RNRA Land and Mapping Department at national level and through 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

through Rwanda Feeder Roads Development

Project (RFRDP)

2 Identification of affected

households and land asset

inventory of the Project

Affected People (PAPs)

District Administration in consultation with

respective sectors and cells in which road is

situated.

MINAGRI/RFRDP and MINIRENA/RNRA

3 Verification of PAPs&

Disclosure

District Administration and MINAGRI/RFRDP

4 Compensation Agreements MINAGRI in association with District Land

Bureau

5 Payments District administration and MINAGRI/RFRDP

6 Grievances Grievances Committee

7 Dispute Grievances Committee and Court

8 Monitoring and Evaluation Social Safeguard offices of District and

MINAGRI/RFRDP


49

During RAP implementation, MINAGRI/ RFRDP will play a key role in holding

consultation meetings, approving the list of people to be affected by the feeder road

project, disclosing RAP and compensation payments, following up the resettlement

and compensation planning, implementation and monitoring. MINAGRI/RFRDP has

Engineers, Environmental and Social Specialists that look after engineering,

environmental and social management issues for the main road contracts.

The Unit of Land and Mines of the MINIRENA in collaboration with Land use

management and Mapping Unit of the RNRA department of land, mapping and

registration of land titles are involved in the implementation of the RAP. Their main

responsibilities include among others:

a. Elaborating the policies, regulations and strategies papers related

to the land, mining, geology and quarries and evaluating their

implementations;

b. Advising on the smooth implementation of action plans and programmes

for land and mining sub-sectors and assessing their contribution towards

the achievements of the long term country vision (Vision 2020, EDPRS);

c. Ensuring good working relationship and partnership with various actors

from public and private sectors as well as specialized research institutions

working in the field of land and mining, etc.

d. Making follow up and supervising activities relating to proper management,

promotion, census and valuation of natural resources;

e. Promoting activities relating to investment and added value in the activities

of use and exploitation of natural resources in Rwanda.

One land use planner and 2 land valuation officers are the key RNRA staff who will assist Project and the District in the implementation of the present RAP. The expropriation officer, Infrastructure officer (building officer), agronomist and social officer are needed staff available at the District and Sector level who will assist in RAP implementation.

At the local level, the Gisagara District authorities will play a critical role in arranging

for consultation meetings with feeder road project PAPs, supervising the resettlement

and compensation planning, implementation and monitoring. This will mainly be done

through the District Land Bureau. The District will also put in place the Resettlement

and Compensation and grievance Committee, which will comprise representatives of

the local administration (District, Sector and Cell level) MINAGRI/RFRP and PAPs.

This Committee will implement consultation and grievance mechanisms via the

District Mayor.

The District has at least one infrastructure officer (building officer), expropriation

officer, agronomist and social officer among other staff. These are responsible for

engineering and social safeguard aspects of the development project. The

infrastructure officer, agronomist, land officer and social officer are also available at

the Sector level. However, due to budget and capacity limitation, their engagement is

restricted to minor community level development actions.


50

In addition to the support staff, training for safeguards will be provided by the project

safeguards team.

Table 20: District Resettlement and Compensation and grievance redress Committee

No Names Position Phone number Email

1 MUSAFIRI Jean

Pierre

District land officer 0788440182 [email protected]

2 NIZEYIMANA

Eddy Palatin

District Feeder

Road Engineer

0788611986

[email protected]

3 NDAYISHIMIYE

Noel

District

Infrastructure

officer

0788749989 [email protected]

4 Nyirangabe

Angelique

PAPs

representative

0784764906

5 Umulinga Chantal Project Safeguards

officer

0788562798 [email protected]

5.2 CRITERIA FOR EXPROPRIATION AND COMPENSATION

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. Each

category in the eligibility matrix has compensation calculations associated with it based on

type of loss (e.g. tree, type of crop and yields (Refer Table 2).

World Bank OP 4.12 requires that those who do not have formal legal rights to land at the

time of the census begins, but do have a recognized claim to such land or assets, are also

eligible for compensation for the land they lose, as well as other assistance. OP 4.12 also

states that people who do not have title or a 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 land prior to the cut-off date established by the borrower.

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.


51

Rwanda expropriation law stipulates a timeframe upon when the property to be

expropriated must be handed over which is 120 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 people 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 should be considered only if the affected land of the PAP is less that 20% of total land

of that PAP. 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. For the purpose of cash

compensation, land 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).

The area that will be lost for the development of feeder roads in Gisagara (4.8 ha) belongs

to the Government land and no compensation for land will be required. The Article 22 and

23 of the Law No 55/2011 of 14/12/2011 governing roads in Rwanda stipulates that the road

reserve for Category 2 roads is delineated by two parallel lines at 12 m on both sides of the

road from the median line (Article 22). This road classification automatically entails the

incorporation of the right of way into public domain and creates the road easement over the

land bordering the road (Article 23).

b) Compensation for Crops and Trees

PAPs will be encouraged to harvest their produce before feeder road development activity.

In order to ensure that this is possible, and that appropriate market prices are received for

yields, there needs to be sufficient consultation beforehand so that harvesting can be

properly planned. In the event that crops and trees 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, as per the Rwandan

expropriation law;

- Provision of good quality seed or seedlings appropriate for the resettled areas, fruit tree

materials inclusive;


52

In addition to compensation for tree and shrub losses, the planting of tree species will

be done along the improved roads for the road protection and replacement of tree

species lost.

c) Compensation for houses and other Structures

There are different options for compensating structures on land that will be expropriated.

Cash compensation at full replacement value or any other form mutually agreed upon by

the expropriator and the person to be expropriated are some of them (Article 35 of the

Rwanda expropriation law No 32/2015 of 11/06/2015).

During public consultation meeting, many of PAPs requested for cash compensation for

their houses. In the project area, 21 houses will be affected by road widening activities and

will be relocated. As per the Rwandan expropriation law and results from public consultation,

the PAPs in Gisagara District losing houses will be provided with cash compensation at full

replacement value to build their new houses.

Replacement costs will be based on:

o Sizes of structures and materials used;

o 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

o Prices of materials used in the structure based on local market rates

o Transportation costs for delivery of these materials acquired for

replacing the structure

o Estimates of construction of new buildings including labor required

o 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 the 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, the poorest vulnerable people will be facilitated to

get 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/RFRDP and District will ensure that this is done.


53

f) Resettlement measures for each category of eligible PAPs The table below describes resettlement measures accepted for each PAPs category:

Table 21. Resettlement measures accepted for each PAPs category

Item Unit Quantity Compensation measures Cost (Frw)

Crops & trees ha 3.8 Financial Compensation and

compensation in kind

37,684,152

Land ha 4.8 No compensation for land because it is

Government land

0

Houses Number 21 Financial compensation and provision

of plots for building house in

Settlement

19,903,225

Total 57,587,377

g) Payment modalities and responsibilities of all stakeholders

The monetary fair compensation will be done through a recognized financial institution of his/her choice. Each PAP is requested to open a bank account before the payment is done. Currently, the Saving and Credit Cooperative (SACCO) is a recognized micro-financial institution based at the Sector level and farmers are encouraged to open accounts in SACCO from their respective Sector because it is not far away. In order to ensure the good governance of the compensation, the different stakeholders perform their respective responsibilities as follows:

a) Project:

Informing the District that payment was done. The payment order accompanied with the payment lists are released to the District to inform that PAPs were paid through their accounts.

Requesting for financial report to District;

Conducting regular crosschecking visits to PAPs and banks to ensure PAPs were paid and properly use the compensation. Particular attention is given to those losing their houses and needing to construct new houses.

b) District

Availing the payment documents to the PAPs’ Banks,

Communicating and calling PAPs for payment by the bank

Requesting for financial report from the bank

Submitting the financial report to the Project

Conducting regular crosschecking visits to PAPs and banks ensure receipt of the compensation and its proper use

Handling complaints or grievance raised by PAP c) Bank

Payment of PAPs

Producing the financial report after payment and submitting it to the District d) PAPs

Opening an account in a recognized financial institution of his/her choice

Using properly compensation payment;

Raising issue/ complaint related to compensation payment, if any.

5.4 COMPLAINTS PROCEDURE


54

The Article 33 and 34 of the Expropriation Law No 32/2015 of 11/06/2015 provides

complaints procedures for individuals dissatisfied with the value of their compensation. The

Article 33 of the expropriation Law stipulates that dissatisfied persons have a period of 10

days from the application for counter valuation by the person to be expropriated. This

application should be done within 7 days after the approval of the valuation report by the

expropriator.

5.4.1 Grievance Redress Mechanisms

The grievance redress committee, composed of District executive committee and Project

Coordinator as well as PAPs representative was created to supervise expropriation

procedures and resolve related issues/ conflicts. It will ensure that all affected people are

fully informed of the process for expressing dissatisfaction and for seeking redress, and will

issue warnings about the consequences of failure to lodge their complaints in time. The

grievance redress committee is similar to the resettlement and compensation committee.

The first step of redress is to inform those to be expropriated of their rights during the

expropriation process. Once the valuation report is approved by the expropriator and the

land owner or the owner of property incorporated on land is satisfied with the valuation,

he/she shall sign or fingerprint the approved fair compensation reports (Article 31 and 32 of

the expropriation law No 32/2015 of 11/06/2015).In the event that any PAP rejects the value

given by the expropriator, he/she can indicate in writing for his/her dissatisfaction with the

valuation report and ask for a counter-assessment of the value. He will then engage the

services of a valuer or a valuation firm recognized by the Institute of Real Property Valuers

in Rwanda at his/her own expense. The counter-assessment report must be available within

ten (10) days from the application for counter valuation by the person to be expropriated

(Article 33 of the expropriation law No 32/2015 of 11/06/2015).When the counter-

assessment report is approved and the land owner or the owner of property incorporated

on land is satisfied with the valuation, he/she shall sign or fingerprint the approved fair

compensation reports.

5.4.2 Grievances resolution By Court

It is encouraged to resolve the issues at Cell, Sector or District levels, as they are aware of

and involved in the whole process. If the grievance is not resolved in this way, ie the counter-

assessment report is not accepted by expropriator and the person to be expropriated is not

satisfied with the decision, he/she can refer the matter to the competent court within 15 days

from the day he/she appends his/her signature to the minutes indicating the points of

disagreements (Article 34 of the expropriation law No 32/2015 of 11/06/2015).Local courts

should be used. If not resolved then the high court or court of appeal of Rwanda remains

an avenue for voicing and resolving these complaints.

MINAGRI/RFRDP will follow up the aggrieved PAP at each level to ensure that the

grievances are resolved.

Each sector should identify one PAP to work with MINAGRI/RFRDP and the local leaders

to ensure that the grievances are attended to in time. This is in addition to the existing

grievance redress Committee.


55

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 Gisagara Feeder road project, which will fall under the

overall responsibility of the 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 120 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.

Periodic evaluations will be made in order to determine whether: the PAPs have been paid

in full and 120 days from the day of its approval by the competent authority; 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. Suggested monitoring indicators are outlined below and include (and not

limited to):

Number and place of public consultation meetings held with PAPs and local authorities in preparation of or during RAP implementation;

Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned);

Number of complaints: a) Total received; b) Total justified; c) Total non justified.

This should include the subject matter for all complaints; an explanation for non justified

complaints;

d) Total resolved at various levels including the type of agreement reached; e) Total referred to the legal system/ Courts of Law, including a clarification on who

initiated (local leaders, PAP or LWH-RSSP) the referral and the subject matter.

Suggested performance/evaluation indicators include:

1) Total nature and level of all complaints received, resolved; 2) Completion of payment within, or after 2 months of estimated completion date

indicated in the RAP implementation plan; Revival of affected farming activities within 4 months after the compensation

payment;


56

Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly.

In addition, an independent audit will take place at the completion of the RAP

implementation.

Table 22: Resettlement and Compensation Monitoring Programme

S No Impact Parameter to be Monitored

Indicator Method Frequency

1 Compensation for

crops and trees

Compensation

received

Amount of money

received/ Receipt

Payment list On monthly basis

2 Compensation for

houses

Compensation

received

Amount of Money

Received

Payment List/

House Title

On monthly basis

3 Grievance

Mechanisms

Compensation

issues raised by

PAPs

Number of resolved

issues and related

minutes

Meetings of

Grievance

committee with

dissatisfied PAPs

On monthly basis

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. 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


57

about the project and grievance process for their own rights and for lodging

complaints.

During the field work, a number of community meetings, discussions, consultations,

interviews are 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.

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 website as well as in District where the

project is situated. The Government of Rwanda will also authorize the World Bank to

disclose this RAP electronically through its InfoShop.

5.8 BUDGET OF 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 and properties

incorporated thereof. 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 35 of the Expropriation Law provides that through

an agreement between the person to expropriate and the one to be expropriated, just and

fair compensation may either be monetary or in any other form mutually agreed upon by the

expropriator and the person to be expropriated. Monetary compensation will be used for the

payment of feeder roads PAPs of Gisagara District.

Land acquisition and compensation will be undertaken according to national legislation with

particular reference to the Law on Expropriation for Reasons of Public Use, and the World

Bank’s policies (OP 4.12); the latter will prevail. Based on the field visits, the data on

compensation have been prepared and summarized in Table 23 for agriculture produce,

and Table 24 for buildings along with business. The compensation costs of trees are

reported in Table 25.


58

Table 23: Compensation Rates for Crops and trees

S.No Type of Tree/crop Unit Valuation Rwf

1. Avocado (Young) Rwf/Tree 4,005

Avocado (mature) Rwf/Tree 24,060

2. Cedrela (Young) Rwf/Tree 5720

3. Eucalyptus (Mature) Rwf/Tree 4000

4. Grevillea (Mature) Rwf/Tree 858 5 Mango (mature) Rwf/Tree 9,000

6 Goyava (young) Rwf/Tree 3,450

7 Acacia (young) (mature)

Rwf/Tree Rwf/Tree

572 4290

8 Euphorbia (mature) Rwf/Tree 920

9 Macadamia (young) Rwf/Tree 8,265

10. Cypres (Cupressus) (Young)

Rwf/Tree 572

11. Ficus (young) Rwf/Tree 270

12 Dracaena (Umuhati) (mature)

Rwf/Tree 575

13

Timber species (Markamia lutea, Pinus, Grevillea, etc) (Young: 3-5 years)

Rwf/Tree

572

14

Timber species (Mature: 5-10 years)

Rwf/Tree 1286

Timber species (Mature: >10 years)

Rwf/Tree 5720

15 Vernonia amygdalina Rwf/Tree 2,800

16 Tithonia Rwf/Tree 2,800

17. Vetiver Rwf/are 5,000

17. Elephant grass Rwf/are 10,000

19. Ornamental grasses (pasparum, etc)

Rwf/m2 620

20 Flowers Rwf/piece 1,000

21 Coffee Rwf/Tree 3,000

22 Sisal Rwf/piece 250


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Table 24: Compensation Rates for Building/House5

S.No House Building Unit Value (RWF)

1 Moud House Rwf/m2 20,000

2 Residential Brick Rwf/m2 50,368

3 Commercial Brick Rwf/m2 50,368

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 25 while for RAP implementation monitoring is presented

in Table 26.

The estimated cost for the implementation of RAP is presented in Table 25 below:

Table 25: Estimated cost for the implementation of RAP

Item Activity Unit Quantity Frequency Unit cost

(Frw)

Total cost

(Frw)

Public

consultation

Consultation

meeting with the

PAPs

Number of

project

staff

2 2 days 75,000* 300,000

Database

Census and valuation of assets (crops, trees, structures & land)

Valuer One

Company

2 weeks Contract

with the

Valuer

6,000,000

Disclosure of entitlement

Meeting with PAPs for displaying census results

Number of

project

staff

1 4 days 75,000 300,000

Preparation of alternatives

Comparison and choice of the best alternatives of compensation to the PAPs

Number of

project

staff

2 2 days 75,000 300,000

Compensati

on and other

resettlement

measures

Payment for

crops and trees

Ha 3.8 Once LS** 37,684,152

Payment for

Houses &

structures

Structures 21 Once LS** 19,903,225

5 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


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Follow up of

PAPs

PAPs livelihoods

restoration

program

Number

displaced

PAPs

21 1 year LS 3,000,000

Assistance to

vulnerable

people

Number of

vulnerable

PAPs

45 1 year LS 1,000,000

Capacity

building of

Districts

staff in

safeguards

Training and

technical

assistance for

environmental

and social

safeguards

Years 2 Twice a

year

9,800,000

19,600,000

Total 88,087,377

NB: *: The unit cost includes both staff mission and transport allowances. **: The unit cost for houses varies from one house to another. The amount in the Table above is equivalent to the total amount for all houses. Similarly, the cost for crops & trees, was calculated based on affected crops or trees and varies with plant species and their growth stage.


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5.9 IMPLEMENTATION SCHEDULES

The implementation schedule of the RAP for Gisagara feeder roads is presented in

Table 26 below.

Table 26: Implementation schedule of the RAP

Project activity

Time (From June 2015 to December 2016)

Jun Jul Aug Sep Oct Nov Dec Ja Feb Mar Apr May Jun Jul Au Sep Oct

Nov

Dec

Public consultations

Census & valuation of assets

Disclosure of entitlements

RAP approval

RAP disclosure

Compensation payment

Notice to leave land

Grievance management

RAP monitoring & evaluation

RAP completion audit

NB: The compensation payment will be done between January and February 2016.


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6 CONCLUSION AND RECOMMENDATIONS

6.1 CONCLUSION

Based on Project Description, Socio-economic Baseline Data, Impacts, and Resettlement

Action Plan (RAP), the following conclusions are drawn:

i) The consultant has reviewed the available RTDA 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 71.14 km feeder roads has been

estimated as US$ 5.6 million with an average cost per kilometer amount to US$

89,430. The RAP cost is estimated to 88,087,377 Frw (Contingencies

exclusive).The details are as follows:

Resettlement Action Plan : 57,587,377

Resettlement Action Plan Monitoring : 30,500,000

The RAP cost is 2.1% of project costs.

iii) The widening of ROW will need 4.8 ha of additional land for the road rehabilitation.

The land use of this land is Agriculture (3.8 ha) and settlements (1 ha). The loss of

houses will be 21 in number. The project will have 1,622 PAPs Households. The

resettlement and compensation of crops, trees and houses will be made as per law

of Rwanda.

iv) Private land might be acquired; in the process, attention should be given for Project

Affected People (PAP) who will resettle to the other places.

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

During public consultation following points have emerged:

The project Affected People will prefer monetary compensation for their

houses,

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


Poorest vulnerable PAPs requested to be assisted to improve their

livelihoods

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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ANNEXURE

Annexure 1: Initial 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 : Project Team for RAP update

S. No. Name of the Expert Specialization

1 HABAMENSHI Didace Environmental Specialist and Team Leader

2 MULIGANDE Benjamin Social safeguards specialist 3 UMULINGA K Chanta Social safeguards officer 4 MBABAZI Fiona Computer Data Operator

ANNEXURE 3 : 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

Households 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 household 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.


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Entitlement Matrix is a table to define different nature of PAPs losses and compensation

packages and other relocation assistance.

Household 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 household" 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 of earning his livelihood principally by

manual labour or as such artisan in the affected area;

Non-titleholder: Affected persons/households 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, including the follows.

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 4: Questionnaire for Social economic 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:

Titleholder -1 Encroacher -2 Tenant -3 Squatter -4 Kiosk -5 Others (specify) -6

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 Household Pattern : Joint - 1 Nuclear - 2 Individual - 3 2.6 Size of Household : Small (2-4) - 1 Medium (5-7) - 2 Large(Above 7) - 3

3. HOUSEHOLD 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

household 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 Household annual expenditure: RWF____________________________ 3.6 Indebtedness

Source Amt.

Borrowed

When Borrowed

(Year)

Purpose of Borrowing

Rate of interest per

annum

Amount outstanding as on date

3.7 Household Assets: ___________________________________________________________ 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 :_____________________________________


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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) Cons.Type:1.Mud, 2.Brick/ RCC, 3.Semi-RCC Utility Connection: 1.Electricity; 2.Water; 3.Phone P-Partially F-Fully

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? 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 household/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 5: Meeting minutes and PAPs attendance lists 5.1 Minutes of the public consultation meeting on Gisagara feeder roads


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Annex 5.1a: List of PAPs attendance for Road 1: Save – Gasagara- Gikonko – Cyili Road


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Annex 5.1b: List of PAPs attendance for Road 4: Gisagara – Ngiryi- Kagwene Road


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Annex 5.1c: List of PAPs attendance for Road 6: Gisagara – Mirayi – Kirarambogo – Rwamiko – Saga - Mugombwa Road


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5.2 Photographs of Feeder Roads in Gisagara and View of People Present in the

Public Consultation Meeting along with Attendance List

Public Consultation in Feeder Road No 6 Public Consultation in Feeder Road No 4

Public Consultation in Feeder Road No 1 Part of the Feeder Road No 6 with properties

likely to be affected

FINAL REPORT · 2018. 11. 23. · Resettlement Action Plan For Selected Feeder Roads in the...

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