1

REPUBLIC OF RWANDA

MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES

RWANDA FEEDER ROADS DEVELOPMENT PROJECT

FINAL REPORT

RESETTLEMENT ACTION PLAN FOR SELECTED FEEDER ROADS

RWAMAGANA DISTRICT

DECEMBER 2013

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CONTENTS

Basic Data on Resettlement Action Plan 4 0 Executive Summary 5 1 Introduction 8 1.1 Background 8 1.2 Resettlement Action Plan Objective 8 1.3 Approach and Methodology 9 1.4 Format of the Report 10 2 Policy, Legal and Institutional Framework 11 2.1 National Relevant Policies and Strategies 11 2.1.1 National Land Policy 11 2.1.2 National Development Strategy 11 2.1.3 Land Tenure System and Provision in Rwanda 12 2.2 Legal Instruments 12 2.2.1 Important Resettlement Legislation 12 2.2.2 World Bank Policy 15 2.3 Eligibility Criteria for Resettlement 19 2.3.1 Cut-off Date 19 2.4 Institutional Arrangement and Framework 21 2.4.1 Province and District 22 3 Project Description 23 3.1 Project Location 23 3.2 Objective of the Project 23 3.3 Project Details 23 3.3.1 Brief Description of Feeder Roads Project 24 3.3.2 Feeder Roads Design Standards 26 4 Project Affected Persons and Social Economic Profile 28 4.1 Demographic 28 4.1.1 Socio Economic Conditions 28 4.1.2 Distance to facilities/services 28 4.1.3 Economic Activity and Income Sources 29 4.2 Population on Right of Way 29 4.3 Socio Economic Profile 29 4.3.1 Family size 29 4.3.2 Marital Status 30 4.3.3 Employment Status 30 4.3.4 Vulnerability 31 4.3.5 Education of PAPs 31 4.3.6 Livestock 32 4.3.7 Housing condition of PAPs 32 4.3.8 House convenience and their conditions 32 4.4 Resettlement Implication 34 4.4.1 Loss of Houses 34 4.4.2 Loss of Land 34 4.4.3 Loss of Facilities 35 4.4.4 Summary of Losses 36 4.4.5 Impact Analysis 36 4.5 Public Consultation and Participation 38 4.5.1 Stakeholders 38

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4.5.2 Public Participation – Methods and Process 38 4.5.3 Finding of Public Consultation meeting 40 5 Resettlement Action Plan Implementation Framework 42 5.1 Institutional Implementation Arrangement 42 5.2 Criteria for Expropriation and Compensation 43 5.3 Valuation and Compensation 43 5.4 Complaint Procedure 43 5.4.1 Grievances Redress Mechanism 44 5.4.2 Grievances Resolution by Court 45 5.5 Monitoring and Evaluation 45 5.6 Community Involvement 45 5.7 Disclosure of Social Safeguards Measures 46 5.8 Budget of RAP 46 6 Conclusion and Recommendations 51 6.1 Conclusions 51 6.2 Recommendations 52

LIST OF TABLE

1 Comparison between World Bank OP 4.12 and Rwanda Laws 16 2 Entitlement Matrix 20 3 Length and Width Planned for Feeder Roads 27 4 Family size of the household 30 5 Marital status 30 6 Employment status 31 7 Vulnerability in PAPs 31 8 Level of Education 32 9 Livestock with PAPs 32 10 Housing condition 33 11 Conveniences in the Household 33 12 Loss of Houses 34 13 Loss of Land 35 14 Loss of Facilities 35 15 Loss of property on roadside 36 16 Impact Analysis 37 17 Authorities Consulted 39 18 Summary of Public Consultation 40 19 Implementation Institute and Responsibilities 42 20 Price of Land in the District 47 21 Compensation for crops 48 22 Compensation rates for building 48 23 Tree compensation rates 48 24 Resettlement action plan estimates 49 25 RAP Monitoring cost Details of House on Roadside 50

LIST OF FIGURES

1 Location of Rwamagana District in Rwanda 9 2 Location of Feeder Roads in Rwamagana District & Priority 27

4

ANNEXURE

1 Study Team 53 2 Terms used in RAP 53 3 Questionnaire for Socio Economic Survey 55 4 Photographs of Project Area and Public Consultation 57

ABBREVIATIONS

DLB : District land Bureau EDPRS : Economic Development and Poverty Reduction Strategy EIA : Environmental Impact Assessment ESIA : Environmental and Social Impact Assessment ESMP : Environmental and Social Management Plan FS : Feasibility Studies FGD : Focused Group Discussion GOR : Government of Rwanda IL : Impact Level MINAGRI : Ministry of Agriculture and Animal Resources MINIRENA : Ministry of Natural Resources NGOs : Non-Governmental Organizations NR : National Road OP : Operation Policy PAPs : Project Affected Persons RAP : Resettlement Action Plan RDB : Rwanda Development Board RDTA : Road Transport Development Agency REMA : Rwanda Environmental Management Authority RFRDP : Rwanda Feeder Roads Development Project RNRA : Rwanda National Resources Authority ROW : Right of Way Sq. mi : Squire Mile ToR : Terms of Reference WB : World Bank WHO : World Health Organization

CURRENCY EQUIVALENTS (August 2013)

Currency Unit = Rwanda 1 EUR = RWF 960 1 US$ = RWF 660

FINANCIAL YEAR July 1 to June 30, Next Year

MEASURES

ha = 104 m2 ; % Percentage ha Hectare ; Km Kilometer Km2 Square kilometer

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BASIC DATA OF RAP

No Description Impacts in Quantity

1 District Rwamagana

2 Province Eastern Province

3 Planned Civil works Construction/

Rehabilitation of Roads,

Drainage and Bridges

4 Cost Civil works( feasibility study for 202 km) 9,413,500,000 rwf

5 Cost of RAP 248,418,550 rwf

6 Number of households who lose house fully 15

7 Number of households who lose house partially No

8 Private fences affected in meters 255

9 Number of institutional buildings affected fully No

10 Number of institutional buildings affected partially No

11 Number of institutional fences in meters No

12 Loss of agricultural lands permanently in

hectares*

29.36

13 Temporary loss of lands in hectares 3

14 Loss of Crops (Banana) in hectares 3.55

15 Coffee plantation 3.50

16 Loss of Agro forestry in hectares 3.50

17 Loss of agricultural lands temporarily in hectares 3.0

18 Number of households who lose strips of lands in

RoW

217

19 Loss of trees in Number 153

20 Loss of telephone line affected in meters No

21 Water pipe affected (diameter and total length) ¾ inch – 48

Value Chamber-9

22 Cemeteries No

23 Partially affected households 217

24 Total number of project affected persons 1,020

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0. EXECUTIVE SUMMARY

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

agglomerates. The District covers a surface area of 678km2. It is bordered in the South 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 Gisagra district in 2010–11 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 most populated sector. The data

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

and 81% under 40 years of age; 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 180 km in 7 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 to review and update the:

existing RAPs by undertaking independent assessment of existing report

and make the necessary changes as well as completing missing

environmental and social elements and attributes.

To bring reports in the format and level so that these are meeting

guidelines, policies and regulation of Government of Rwanda (GOR) and

the safeguard policies (OP 4.12 on Involuntary Resettlement)of the World

Bank (WB).

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. The missing data, analysis and

computation were identified. This 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 safeguard policies. The cost of the implementation of the

resettlement management plan and monitoring programs were estimated and budgeted

for. The Rwanda National Acts, Legislation and Laws were consulted with a view to

ensure compliance with various requirements.

1 Geography of Rwanda, Wikipedia, the free Encyclopaedia

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

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The cost of the interventions to improve the feeder roads is estimated during the

feasibility study. The total cost to improve of 203.73 km of feeder roads amount to US$

14.054 million; the average cost per km amounts to US$ 69,325. The total cost of 162.9

km of priority roads will be about US$ 11.293 million. The RAP cost is estimated RWF

248,418,550 (including 10% Contingencies). The details are as follows:

Resettlement Action Plan : 209,357,550

Resettlement Action Plan Monitoring : 39,061,000

The RAP cost is 3.25% of project costs.

The widening of ROW will need 29.36 ha of additional land for the road rehabilitation. The

land use of this land is Agriculture-29.36 ha; Agro-forestry- 3.5 ha, Banana Plantation-

3.55 ha and Coffee plantation 3.50 The loss of houses will be 15 in number. The project

will have 217 PAPs Families with a total population of 1,020 people. The loss of trees will

be 153. The resettlement and compensation of crops, houses and land will be made as

per law of Rwanda and the safeguard policies of the World Bank (OP4.12). In case of

inconsistency between the two, OP 4.12 will prevail. It’s worth to note that from 2010 all

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

being property owners and tenant. No squatters or informal landholders were identified

along selected roads; nevertheless the matrix includes entitlements for informal

landholders to cover the unlikely event that eligible PAPs in this category still come

forward.

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

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

market rate will be adopted. In the process attention should be given for Project Affected

People (PAP) who will resettle to the other places. The Rwanda expropriation law for

public interest and policy of the Government of Rwanda and World Bank Guideline OP

4.12 will be followed for compensation (where there is a difference between the two, OP

4.12 will prevail). In addition to Entitlement for compensation, the feeder Roads project

will assist vulnerable people to improve their livelihoods. The entitlement Matrix is

presented below:

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Entitlement Matrix Category of

PAP

Type of Loss ENTITLEMENTS

Compensation for

Loss of Structures

Compensation for Loss of

land

Compensation for Loss

of Income

Moving

Allowance

Other Assistance

Property

Owners

(title holders)

Loss of land ------ Land replacement at new

site (parcel with equivalent

size and productivity with

secure tenure status at

location acceptable to PAP),

plus land clearing by project.

Transfer of the land to PAPs

shall be free of taxes

registration and other costs.

Compensation in cash will

be considered if the lost land

is below 20% of total land

------ None

Temporary

loss of land

Rental allowances

Loss of

structure

Compensation at full

replacement value

not depreciated,

taking into account

market values for

structures and

materials.

For lost rental income

Lump sum cash payment

of 6 months’ rent per

tenant

Coverage of full cost

for total transport

expenses

Disturbance

Allowance

Right to salvage materials without

deduction from compensation

Loss of

Trees

Cash compensation

based on type, age and

productive value of

affected trees plus 10%

premium

Relocation assistance in

reestablishing economic trees

Loss of

crops

(including

tree crops)

Cash compensation

equivalent to average of

last 3 years market value,

or market value of the

Relocation assistance as a cash

allowance to cover income foregone

during the period that the PAP is

without land; assistance will be

2

mature crop in the scarce

season, whichever is

greater.

equivalent to the value of production

lost until replacement crops are yielding

the same level. For fruit trees the costs

of the yielded per period that the tree

will take to mature will be calculated

including future price of the fruits

Property

lease

holders/Ten

ant

Loss of

rental

accommodat

ion

Six months rent

Coverage of full cost

for total transport

expenses

Disturbance

Allowance

Loss of

crops

(including

tree crops)

Cash compensation

equivalent to the average

of last 3 years market

value, or market value of

the mature crop in the

scarce season for the

remaining period of the

tenancy/lease agreement,

whichever is greater.

Relocation assistance as a cash

allowance to cover income foregone

during the period that the PAP is

without land; assiatnce will be

equivalent to the value of production

lost until replacement crops are yielding

the same level . For fruit trees the costs

of the yielded per period that the tree

will take to mature will be calculated

including future price of the fruits.

Squatters/

informal

dwellers

Loss of

structure

Cash compensation

at full replacement

value not

depreciated, taking

into account market

values for structures

and materials.

Relocation assistance

(coverage of costs of

transport & assistance

to find alternative

secure accommodation,

preferably in the

community of residence

through involvement of

the project)

Right to salvage materials without

deduction from compensation

All PAPs

(whether

owner,

tenant or

informal

dweller)

Loss of

assets due

to temporary

land

acquisition

Cash compensation

for any assets

affected (e.g.

boundary wall

demolished, trees

removed)

Right to salvage materials without

deduction from compensation

1

During public consultation few recommendations were drawn are :i) Involve local

communities in all stages of project planning and development, ii) Permanent

communication between projector initiators and local authorities, iii) for RAP a cut-off has

to be determined as per Rwanda Resettlement Policy Framework iv) All project affected

people (PAPs) have to be compensated for loss of land, structures, crops and trees as

provided for in this RAP, v) Grievance redress and monitoring register have to be set-up

and the process be publicized in the affected areas vi) During construction, PAPs shall be

given first priority in the employment of skilled and unskilled manpower.

During public consultation the following points have emerged:

The Project Affected People will prefer house for house in the same village

or nearby,

The PAPs who are involved in business have given their choice near the

market or cell / sector resettlement scheme;

Farmers have also indicated money / cash for agriculture land;

Most of the PAPs are looking some form of incentive for themselves from

the projects such as regular/ temporary jobs.

In view of above it could be concluded that project will bring benefit to the people of the

area. The resettlement impacts are within the manageable limits and can be mitigated

with the proposed resettlement management plans and payment of compensation and

hence the implementation of the project is in the public interest.

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1. INTRODUCTION

1.1 BACKGROUND

Rwanda, the world's 149th largest country, has an area of 26,338 square kilometres

(10,169 sq mi). Rwanda has four provinces (East, West, North and South) and Kigali city.

The District of Rwamagana is one of the seven Districts that makes the Eastern Province.

The District has 14 Sectors, which are Karengi, Rubona, Nyakariro Muyumbu, Nzige,

Muyumbu Kigabiro, Muwulire, Gahengeri Muhazi, Gishari, Munyiginya, Musha and

Fumbwe. The Rwamagana District is about 60 kms from the Capital Kigali and it can be

approached via National Road (NR)-3. The capital, Kigali, is located near the centre of

Rwanda3. The centre of the country is predominantly rolling hills, while the eastern border

region consists of savannas, plains and swamps4.

Figure 1 indicates the location of Rwamagana District in Rwanda. The District covers an

area of 682 km2 and has a population of 318,000 people. The population density

accounting for 455 person/km2 is slightly higher than the National average (416 person /

km2) and approximately the double of the Eastern Province average. The population is

unevenly distributed over the district area, the most populated sector is Kigerbiro where

Rwamagana town is located while the least populated is Karenge in the South-Western

part of the District. The data indicates that the majority of the population is young 53%

aged 19 years or younger. People aged 65 years and above makes 4 %. The 82 % of the

population is under 40 years of age. The females outnumber males in Rwamagana

District with 109 females per 100 males, which is below the national average of 111

females per 100 males.

1.2 RESETTLEMENT ACTION PLAN OBJECTIVES

The main objective of the assignment is to assist the Ministry of Agriculture and Animal

Resources (MINAGRI), Government of Rwanda (GOR) to review and update the

resettlement action plan (RAP) prepared by Rwanda Transport Development Agency

(RTDA). The specific objectives are to review and update the:

existing RAPs by undertaking independent assessment of existing report and

make the necessary changes as well as completing missing social elements and

attributes.

to bring reports in the format and level so that these are meeting guidelines,

policies and regulation of Government of Rwanda (GOR) and the safeguard

policies of the World Bank (WB).

3 Geography of Rwanda, Wikipedia, the free Encyclopaedia

4 Munyakazi, Augustine; Ntagaramba, Johnson Funga (2005). Atlas of Rwanda (in French). Oxford: Macmillan

Education. p. 18. ISBN 0-333-95451 3 World Wide Fund for Nature (WWF) (2001). "Terrestrial Ecoregions: Albertine Rift montane forests (AT0101)" Location

and General Description. 4 The country’s road reclassification was carried out in 2005 by the Ministry of Infrastructure, Government of Rwanda.

3

Figure 1: Location of Rwamagana District in Rwanda

1.3 APPROACH AND METHODOLOGY

The approach and methodology is based on the requirements of the TOR and

accordingly given full consideration to the objectives, purpose and the scope of the study.

First of all the Consultant has reviewed the RTDA, RAP Report. The missing data,

analysis and computation were identified. The actual number of people likely to be

effected due to the development of the project were not identified neither the houses nor

the actual number or available data was inadequate. This data was collected, compiled

and analyzed during field studies conducted on 7-10th September 2013. The experts

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

taken into account the requirements of regulations and standards. Participation of

stakeholders has also been taken into consideration in formulating the approach and

methodology for the study. It is proposed to integrate the existing and proposed social

safeguard measures in the overall planning. The study is conducted in such a manner

and procedure so that it fulfills the requirements of Government of Rwanda, and the

World Bank’s safeguard policies. The Consultants apart from following standard social

impact assessment practices and procedures have deployed advanced technologies,

techniques and tools to the extent these are applicable and relevant to this project. A

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

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

and quantified, wherever possible.

The cost of implementing the resettlement management plan and monitoring programs

were estimated and budgeted for. The Rwanda National Acts, Legislation and Laws were

consulted with a view to ensure compliance with various requirements.

4

The RAP is aimed at assessing and mitigating the land acquisition and resettlement

impacts in a transparent and consultative way in accordance with Rwandan laws and the

World Bank OP 4.12. The RAP is based on the census data, field visits, and meetings

with various project affected persons in the project area. During RAP number of terms are

used and defined in Annexure 2.

1.4 FORMAT OF THE REPORT

This report has been prepared taking into consideration the mechanisms, procedures and

contents spelt out in “Guidelines and Procedures for Environmental Impact Assessment”

(2006) and “Sector Guidelines for Environmental Impact Assessment (EIA) for Road

Development Project” in Rwanda (2009) prepared by the Rwanda Environmental

Management Authority5. The main findings are reported in conclusions and

recommendations section for discloser locally and the World Bank Info Shop. This report

on Resettlement Action Plan (RAP) has following sections:

The report has an executive summary as Chapter 0. The main sections are: Chapter 1

provides a general background, objectives and scope of the study and an outline on the

approach and methodology adopted for the study. Chapter 2 is a concise document on

the policy and strategies; legal instruments, institutional arrangement and international

framework under which the project will be developed. Chapter 3 is on the Project

Description which briefly describes the project. Chapter 4 describes the project affected

person and social conditions in sufficient detail to enable an adequate assessment of the

potential social impacts. Chapter 5 proposes the resettlement action plan implementation

framework, appropriate resettlement management plans along with public consultation;

cost of management and monitoring program. The conclusions and recommendations

are presented in Chapter 6.

The literature, books, reports and maps referred are presented as footer note in the main

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

body of the report.

5 Developed to operationalizing the provisions of the Organic Law Organic Law No 04/2005 of 08/04/2005 determining the

modalities of protection, conservation and promotion of environment in Rwanda; to make EIA mandatory for all development projects and they aim to serve agencies and individuals taking part in the EIA process.

5

2. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

2.1 NATIONAL RELEVANT POLICIES AND STRATEGIES

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

arrangement and international framework applicable to rehabilitation and /or construction

of feeder road in different districts of Rwanda. The awareness of social issues started as

early as in 1920. The social initiatives were also supported by vast campaigns for soil

conservation from 1947. In 1977 action program of human settlement (1977),

stockbreeding (1978), soil protection and conservation (1980), water supply in rural areas

(1981), erosion control (1982) and reforestation (1983) were launched. The national

environment strategy was prepared in 1988-1989, and the strategy was adopted by

Cabinet in May 1991 with a view to keep a balance between population and natural

resources. The aims of this strategy are as follows:

to enable the country to strike a dynamic balance between population and

resources while complying with the balance of ecosystems;

to contribute to sustainable and harmonious socio-economic development such

that, both in rural and urban areas, men and women may realize their

development and well-being in a sound and enjoyable environment; and to

protect, conserve and develop natural environment.

2.1.1 National Land Policy

National land policy was adopted in February 2004. This policy provides register and

transfer of land and possibility of investments in land. It also highlights key principle of

land use and land management. The policy advocates the protection of green areas,

marshy land, valley and protected areas in Rwanda. These protected areas are classified

as such because of their multiple roles, namely ecological, economical, cultural, and

social. The main objective of their preservation was the conservation of different species

and different habitats of biodiversity for educational, touristic and research purposes.

These areas have been affected by various changes, one of which is the spatial reduction

due to the resettlement of the population.

2.1.2 National Development Strategy6

The Vision 2020 document has developed National Development Strategy in year 2000

wherein it is realized that Rwanda shall have a reliable and safe transport network of

feeder roads. Hence feeder roads will continue to be extended and improved. Land use

management, urban and transport Infrastructure development are considered as

important pillar among 6 pillars of vision 2020 and protection of environment and

sustainable natural resource management is one of the crosscutting areas of the vision.

The other important planning tools are: the Economic Development and Second Poverty

Reduction Strategy (EDPRS II), the National Investment Strategy, Millennium

Development Goals (MDGs) and the Medium Term Expenditure Framework. The vision

document advocates to the development of economic infrastructure of the country and

transport infrastructure in particular. These strategies and action plans reflect national

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

6

priorities for Economic Development and Poverty Reduction Strategy (EDPRS II) as a

medium-term framework for achieving the country’s long term development aspirations as

embodied in Rwanda Vision 2020 and the Millennium Development Goals (MDG)

priorities.

2.1.3 Land Tenure System and Provisions in Rwanda

The Land Use Master Plan (Organic Land law No 08/2005 of 14/07/2005, article 6 )

states that all types of land tenure must be in compliance with the designated land use.

The Organic Land Law provides two types of formal land tenure: full ownership/ freehold

and long term leasehold. As a result of the recent privatization of State owned lands,

many land users don’t hold either type of land tenure. As a result of this, the Organic

Land Law recognizes existing rights, whether written or unwritten, under both civil law and

customary practices through new national land tenure arrangements. Article 7 of the law

formalizes land ownership, especially those acquired through customary means. In such

cases, populations with customary/indigenous land rights are being encouraged to

register their land through decentralized the District Land Bureau, Sector Land

Committees and Cell Land Committees.

2.2 LEGAL INSTRUMENTS

The policies are prepared by the Ministry of Natural Resources (MINIRENA). Rwanda

Natural Resources Authority (RNRA) is an authority that leads the management of

promotion of natural resources which is composed of land, water, forests, mines and

geology. It shall be entrusted with supervision, monitoring and to ensure the

implementation of issues relating to the promotion and protection of natural resources.

2.2.1 Important Resettlement Legislations

The land which is not protected in protected areas (Wetland and National Parks) is

recognized as private land both customary and legally. The Expropriation law No 18/2007

of 19/4/2007 on expropriation outlines rights and compensation procedures for land

expropriated for public interest. The valuation Law (2007) stipulates valuation methods to

be applied to the expropriated assets. The following laws are important for rehabilitation

and resettlement, land acquisition and compensation:

The Rwandan Constitution, promulgated in 2003;

Organic Land Law no N° 43/2013 of 16/06/2013 governing land in Rwanda

gazetted in the Official Gazette no Special of 16/06/2013 was promulgated to

determine the procedure for use and management of land in Rwanda Property

Valuation Law no 17/2010; establishing and organizing the Real Property

Valuation in Rwanda;

Organic Law No 18/2007 of 19/4/2007 relating to expropriation in the public

interest;

Presidential Order No 54/01 of 12/10/2006 determining the structures, the

responsibility, the functioning and the composition of Land Commission; and

Ministry order No 001/2006 of 26/09/2006 determining the structures of Land

Registration, the responsibilities and the functioning of the District Land Bureau

(DLB).

7

Ministerial Order No002/16.01 of 2010 on Determining the Reference Land Price

Outside Kigali City.

The above legal orders are briefly describe as follows:

i) The Rwanda Constitution: The constitution is the supreme law of the land.

Under Article 29 of the Rwanda constitution every citizen has a right to private

property, whether personal or owned in association with others. Further it states

private property, whether individually or collectively owned, is inviolable.

However this right can be interfered with in case of public interest, in

circumstances and procedures determined by law and subject to fair and prior

compensation. Article 30 stipulates that private ownership of land and other

rights related to land are granted by the State. The constitution provides that a

law should be in place to specify modalities of acquisition, transfer and use of

land (expropriation law). The constitution also provides for a healthy and

satisfying environment. In the same breath every person has the duty to protect,

safeguard and promote the environment. The State shall protect the environment

ii) Organic Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazetted

in the Official Gazette no Special of 16/06/2013 determining the use and

management of land in Rwanda: This is the law that determines the use and

management of land in Rwanda. It also institutes the principles that are to be

respected on land legal rights accepted on any land in the country as well as all

other appendages whether natural or artificial. According to the Law, Land in

Rwanda is categorized into two: Individual land and Public land. The later is

subdivided into two categories: the state land in public domain and the state land

in private domain. State land in public domain includes national land reserves for

environment conservation; land over which administration building are erected,

state roads, land containing lakes, rivers, stream and springs. State land in

private domain include swamps that may be productive in terms of agriculture,

vacant land with no owner, land purchased by the State, donation, land acquired

through expropriation and land occupied by state owned forests. Land in

Rwanda is predominantly individual land. The law gives the owner of land full

rights to exploit his or her land in accordance with the existing laws and

regulations. The law also provides for expropriation which stipulates that land

expropriation can be undertaken if it’s for public interest. The law states that

swamp land belongs to the state and no person can use the reason that he or

she has spent a long time with it to justify the definitive takeover of the land.

iii) Law No. 18/2007 of 19/04/2007 relating to Expropriation in the Public

interest, O.G. Special No. of 21/5/2007: This law determines the procedures

relating to expropriation of land in the interest of the public. Article 3 of the law

stipulates that’s its only the government that has authority to carry out

expropriation. However the project, at any level, which intends to carry out acts

of expropriation in public interest, shall provide funds for inventory of assets of

the person to be expropriated and for just compensation on its budget. According

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

expropriation on pretext of self centred justifications and no land owner shall

oppose any underground or surface activity carried out on his or her land with an

aim of public interest. In case it causes any loss to him or her, he or she shall

8

receive just compensation for it. Chapter IV deals with valuation of land

earmarked for expropriation. The law identifies properties to be valued for just

compensation to be land and activities that were carried out on the land including

different crops, forests, any buildings or any other activity aimed at efficient use

of land or its productivity. Here the law is silent on access to economic activities

on the land

iv) Law No.17/2010 of 2010 establishing and organizing the Real Property

Valuation Profession in Rwanda: This law provides for the registration of land

in Rwanda and conditions for registration. The law also allows the Government

to conduct valuation when mandated by their government institutions. Articles

27, 29, 30 and 31 of the law deal with valuation methods. These articles stipulate

that price for the real property shall be close or equal to the market value. The

valuation could also compare land values country wide. Where sufficient

comparable prices are not available to determine the value of improved land, the

replacement cost approach shall be used to determine the value of

improvements to land by taking real property as a reference. The law also allows

the use of international methods not covered in the law after approval from the

Institute of Valuers council.

v) Presidential Order No. 54/01 of 2006: This presidential order determines the

structure, the responsibilities, the functioning and the composition of Land

Commissions. Article 9 of the order gives the office of the land commission

independence in the discharge of its daily technical duties. Therefore, it receives

no instructions from any other organ.

vi) Ministerial Order No. 001/2006 of 2006: Determining the Structure of Lands

Registers, the Responsibilities and Functioning of the District Land Bureau: This

ministerial order determines the structure of Land Registers, the responsibilities

and the functioning of the District Land Bureau. The responsibilities of the land

bureau include among others to implement land registration and manage land

and update, safely keep records of land registers and monitor and approve

activities pertaining to valuation of land, other immovable property and

demarcate and approve land cadastral. This Order does not apply to land

specified in articles 12, 14, 15 and 72 of the Organic Land. Law No.8/2005 of

14/07/2005 determining the use and management of Land in Rwanda.

vii) Ministerial Order No002/16.01 of 2010 on Determining the Reference Land

Price Outside Kigali City: Purpose of this order is to provide reference land

prices to be used in areas outside Kigali City. This order was aimed at protecting

land owners from exploitation and to prevent land speculation when the market

is not developed. However with the propagation of land valuation law, the order

seems to have been overtaken by events and practicability. This is due to the

fact that valuation law provides for independent market rates to apply in land

valuation.

viii) Ministerial Order No. 002/2008 of 2008 Determining Modalities of Land

Registration: Annex 3 of the ministerial order provides for dispute resolutions

procedures and some provisions related to the cell adjudication committee

(“CAC”). Articles 17, 20, 22, and 23 provide the process for resolving disputes.

Article 17 grants parties to a dispute, the right to take that dispute to the

9

mediation committee. That article also provides that where a dispute arose

during demarcation and adjudication but, with the assistance of the CAC, the

parties were able to resolve the dispute, the parties are bound by that

agreement, and may not later attempt to raise the issue. Article 20 provides

procedures for the cell adjudication committee when hearing disputes, including

that the hearing is open to the public and announced eight days in advance,

among other requirements. Articles 22 and 23 govern the lodging and

processing of objections and corrections during a 60-day period. The CAC is

comprised of all five members of the cell land committee and five members of

the particular village (umudugudu) where demarcation and adjudication is taking

place. The cell executive secretary acts as the CAC secretary, although he or

she has no voting rights. This order can be used to resolve resettlement conflict

at the sub project area.

2.2.2 World Bank Policy (OP 4.12)

The objectives of this resettlement plan reflect the principals contained in the World Bank

policy document: OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations

involving involuntary taking of land and/or other assets. The policy aims to avoid

involuntary resettlement to the extent feasible, and to minimize and mitigate its adverse

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

avoid and minimize involuntary resettlement, and that if people lose their homes or

livelihoods as a result of projects, they should have their standard of living improved, or at

least restored. It promotes participation of displaced people in resettlement planning and

implementation.

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

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

policy prescribes compensation and other resettlement measures to achieve its

objectives and requires that implementers prepare adequate resettlement planning

instruments prior to appraisal of proposed projects. A comparison of the World Bank

Policy OP 4.12 and the laws, regulations and guidelines for land acquisition and

resettlement of the Government of Rwanda (GoR) is available in Table 1. The

comparison also includes which law will prevail during conflict.

10

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

Principles

Rwanda Legislations

World Bank’s involuntary Resettlement (OP 4.12)

Measures to fill the gaps

Valuation

Valuation is covered by the

Expropriation Law and the

Land Valuation Law and

stipulates that the affected

person receive fair and just

compensation.

However a ministerial order

gives the value of land and

crops

OP 4.12 prefers Replacement cost method of

valuation of assets that helps determine the

amount sufficient to replace lost assets and

cover transaction costs. In applying this method

of valuation, depreciation of structures and

assets should not be taken into account If the

residual of the asset being taken is not

economically viable, compensation and other

resettlement assistance are provided as if the

entire asset had been taken.

Adopt OP 4.12 replacement cost method of

valuation

Compensation

Article 22 of the expropriation

law No 18/2007 entitles the

landholder to compensation

for the value of the land and

activities on the basis of size,

nature location considering

the prevailing market value.

OP 4.12 gives preference to land based

resettlement strategies for displaced persons

whose livelihoods are land-based as compared

to monetary compensation

Adopt OP 4.12 mode of compensation by

giving preference to land based resettlement

as opposed to monetary compensation

Participation

and

consultation

The Rwandan organic law on

Expropriation simply

stipulates that affected

peoples be fully informed of

expropriation issues. The law

also conflicts the very

purpose of consultation and

involvement by prohibit any

WB OP 4.12 requires that persons to be

displaced should be actively be consulted and

should have opportunity to participate in

planning and design of resettlement programs

Adopt OP 4.12 methods of participation

11

Principles

Rwanda Legislations

World Bank’s involuntary Resettlement (OP 4.12)

Measures to fill the gaps

opposition to the

expropriation program if

considered to be under the

pretext of self-centered

justification which might

not be the case

Timeframe

Rwanda expropriation law

stipulates a timeframe upon

when the property to be

expropriated must be handed

over which is 90 days after

compensation has been paid.

OP4.12 requires that displacement must not

occur before necessary measures for

resettlement are in place These include

compensation and other measures required for

relocation and preparation and provision of

facilities of resettlement sites, where required. In

particular, taking of land and related assets may

only take place after compensation has been

paid and where applicable resettlement sites

and moving allowances have been provided.

Furthermore, measures pertaining to provision

of economic rehabilitation however can and

often do occur post displacement.

WB OP 4.12 provides for a timeframe (cut-off

date); people who encroach on the area after

the cut-off date are not entitled to compensation

or resettlement assistance.

A cut- off date should be applied.

Adopt OP 4.12 approach which states that,

where the borrower has offered to pay

compensation to an affected person in

accordance with an approved resettlement

plan, but the offer has been rejected, the

taking of land and related assets may only

proceed if the borrower has deposited funds

equal to the offered amount plus 10 percent

in a secure form of escrow or other interest-

bearing deposit acceptable to the Bank, and

has provided a means satisfactory to the

Bank for resolving the dispute concerning

said offer of compensation in a timely and

equitable manner.

Eligibility

Article 18 of the law requires

the person who owns land

OP 4.12 criteria for eligibility include even those

who do not have formal legal rights to land at

Adopt OP 4.12 approach: this will be more

appropriate for determining eligibility due to

12

Principles

Rwanda Legislations

World Bank’s involuntary Resettlement (OP 4.12)

Measures to fill the gaps

intended for expropriation to

provide evidence of

ownership or rights on that

land and presents a

certificate to that effect

the time the census begins but have a claim to

such land or assets--provided that such claims

are recognized under the laws of the country or

become recognized through a process identified

in the resettlement plan and also those who

have no recognizable legal right or claim to the

land they are occupying

the fact that many of those who farm the

lands don’t own it, although they may have

depended on farming on such lands for their

livelihood, and as such, should be assisted

to at least maintain their pre-project level of

welfare. (especially for assets)

Expropriation law is silent on

provision of alternative land

and resettlement of those to

the pre-displaced status

OP 4.12 requires and prefers resettlement of

displaced persons. Displaced persons should be

assisted in their efforts to improve their

livelihoods and standards of living or at least to

restore them, in real terms, to pre-displacement

levels or to levels prevailing prior to the

beginning of project implementation, whichever

is higher

Use World Bank OP 4.12 During the

upgrading of the feeder road, some

resettlement will be required

Required

Measures

Expropriation law does not

provide for alternatives when

undertaking compensation

OP 4.12 requires displaced persons to be

consulted on, offered choices among, and

provided with technically and economically

feasible resettlement alternatives

Use World Bank OP 4.12

.

13

2.3 ELIGIBILITY CRITERIA FOR RESETTLEMENT

The Organic Law N° 43/2013 of 16/06/2013 governing land in Rwanda gazette in the

Official Gazette no Special of 16/06/2013 determining the use and management of land in

Rwanda. The Law No. 18/2007 of 19/04/2007 relating to Expropriation in the Public

interest, O.G. Special No. of 21/5/2007, the Article 3 of the Expropriation Law stipulates

that he or she should receive just compensation for it. This entitlement is based on the

figure arrived at by the independent valuer. Through mutual arrangement, both parties

can determine the mode of payment. Land acquisition and compensation will be

undertaken according to national legislation with particular reference to the Law on

Expropriation for Reasons of Public Use, provided however that in case of inconsistency

between national legislation and the standards set in World Bank OP. 412, OP 4.12 will

prevail. The eligibility criteria are based on the three criteria given in Clause 15 of the

World Bank’s Operational Policy 4.12:

Those who have formal legal rights to land (including customary and traditional

rights recognized under the laws of the country);

Those who do not have formal legal rights to land at the time the census begins

but have a claim to such land or assets – provided that such claims are

recognized under the laws of the country or become recognized through a

process identified in the resettlement plan;

Those who have no recognizable legal rights or claim to the land they are

occupying.

The eligible criteria for resettlement and compensation are presented in Table 2.

2.3.1 Cut-off Date

While WB OP 4.12 indicates that the PAPs should be informed of a cut-off date upon

which those who have not been identified as land owners can raise issues, Rwanda law

has no such mechanism to protect land owners in case of absentee land lords or users.

The establishment of a cut-off date is required to prevent opportunistic invasions/rush

migration into the chosen land areas. Normally, this cut-off date is the date the census

begins. The cut-off date could also be the date the project area was delineated, prior to

the census, provided that there has been an effective public dissemination of information

on the area delineated, and systematic and continuous dissemination subsequent to the

delineation to prevent further population influx. For this situation the cut-off date is the

date on which the Social economic census started, September 25, 2013.

14

Table 2: Entitlement Matrix Category

of PAP

Type of

Loss

ENTITLEMENTS

Compensation for

Loss of Structures

Compensation for Loss of

land

Compensation for

Loss of Income

Moving

Allowance

Other Assistance

Property

Owners

Loss of

land

------ Land replacement at new

site (parcel with equivalent

size and productivity with

secure tenure status at

location acceptable to PAP),

plus land clearing by project.

Transfer of land to the PAP

shall be free of taxes,

registration, and other costs.

Compensation in cash will

be considered if the lost land

is below 20% of total land

------ None

Temporary

loss of land

Rental allowances

Loss of

structure

Compensation at full

replacement value not

depreciated, taking

into account market

values for structures

and materials.

For lost rental income

Lump sum cash

payment of 6

months’ rent per

tenant

Coverage of full cost

for total transport

expenses

Disturbance

Allowance

& right to salvage materials without

deduction form compensation

Loss of

Trees

Cash compensation

based on type, age

and productive value

of affected trees plus

10% premium

Relocation assistance in

reestablishing economic trees

Loss of

crops

(including

Cash compensation

equivalent to average

of last 3 years market

Relocation assistance as a cash

allowance to cover income foregone

during the period that the PAP is without

land; assistance will be equivalent to the

15

tree crops) value, or value of the

mature crop in the

scare season,

whichever is greater

value of production lost until replacement

crops are yielding the same level. For

fruit trees the costs of the yielded per

period that the tree will take to mature

will be calculated including future price of

the fruits

Property

lease

holders

Loss of

rental

accommoda

tion

Six months rent Coverage of full cost

for total transport

expenses

Disturbance

Allowance

Loss of

crops

(including

tree crops)

Cash compensation

equivalent to the

average of last 3 years

market value, or value

of the mature crop in

the scarce season, for

the remainder of the

tenancy/lease

agreement, whichever

is greater

Relocation assistance as a cash

allowance to cover income foregone

during the period that the PAP is without

land; assistance will be equivalent to the

value of production lost until replacement

crops are yielding the same level. For

fruit trees the costs of the yielded per

period that the tree will take to mature

will be calculated including future price of

the fruits

Squatters/i

nformal

dwellers

Loss of

structure

Cash Compensation at

full replacement value

not depreciated, taking

into account market

values for structures and

materials.

Relocation assistance

(coverage of full transport

costs for total transport

expenses & assistance to

find alternative secure

accommodation, preferably

in the community of

residence through

involvement of the project)

Rehabilitation assistance if required

(assistance with job placement, skills

training)

& right to salvage materials without

deduction from compensation

All PAPs

(whether

owner/title

holder,

tenant, or

informal

dweller)

Loss of

assets due to

temporary

land

acquisition

Cash compensation for

any assets affected (e.g.

boundary wall

demolished, trees

removed)

& right to salvage materials without

deduction from compensation

16

2.4 INSTITUTIONAL ARRANGEMENT AND FRAMEWORK

The main Ministry, Authorities, Institutions and Boards responsible for development of

policy, framing regulation, developing projects, monitoring and approval of issues related

to Resettlement and Compensation are:

Ministry of Natural Resources (MINIRENA);

Ministry of Agriculture (MINIAGRI);

Ministry of Infrastructure;

Rwanda Environmental Development Authority (REMA);

Rwanda Natural Resources Authority (RNRA);

Road Transport Development Agency (RDTA).

Rwanda Development Board (RDB) and

Provincial and District Administration.

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

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

The Ministry of Agriculture (MINAGRI) is the executing agency for the project. The

participating districts will be the implementation entities for project related social aspects

for the rehabilitation, upgrading, spot improvement, as well as maintenance works. The

districts will be supported by the Rwanda Transport Development Agency (RTDA),

environmental and social staff. RTDA and MINAGRI have environmental and social

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

contracts. The infrastructure officers of the districts are responsible for environmental and

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

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

support staff, training and TA for safeguards will be provided by the project management

consultancy firm to be engaged under the project.

Rwanda Environmental Management Authority (REMA) which was created by law no

16/2006 of 03/04/2006 is responsible for implementing the policy and strategies on

environment.

Rwanda Natural Resources Authority (RNRA) is an authority that leads the

management of promotion of natural resources which is composed of land, water, forests,

mines and geology. It shall be entrusted with supervision, monitoring and to ensure the

implementation of issues relating to the promotion and protection of natural resources in

programs and activities of all national institutions. Rwanda Natural Resources Authority is

established by the law N°53/2010 OF 25/01/2011, which merges the four institutions

(National Land Center, National Forestry Authority and national Geology and mines

authority) together with the Ministry of natural resources' department of integrated water

resources management.. The RNRA is responsible for:

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

resolutions in matters relating to the promotion and protection of natural

resources;

b) making a follow up and implementing international conventions Rwanda ratified on

matters relating to the conservation of natural resources;

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

resources and investments opportunities;

17

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

information relating to land of Rwanda;

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

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

promotion and valuation of natural resources;

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

country;

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

resources;

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

and exploitation of natural resources in Rwanda;

j) initiating research and study on natural resources and to publish the results;

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

use and conservation of natural resources and ensuring their implementation;

The main institutions in transport sector are:

Ministry of Infrastructure; and

Road Transport Development Agency (RTDA).

RTDA is a public institution with financial autonomy in Ministry of Infrastructure. It was

established by organic law no 02/2010 of 2001/2010. RTDA is responsible for policy

development, advisory and monitoring.

The Rwanda Development Board (RDB) brings together all the government agencies

responsible for business registration, investment promotion and, environmental

clearance.

2.4.1 Province and District

The article 66 of the Environmental Organic Law specifies to establish, at the Provincial,

District, Town, Sector and the Cell levels; Committees responsible for conservation and

protection of the environment. The organization, functioning and their responsibilities are

determined by Prime Minister’s Order. The executive committee of the District is

responsible to initiate the expropriation and District Council implements the expropriation

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

18

3. PROJECT DESCRIPTION

3.1 PROJECT LOCATION

The Rwamagana District is situated in the Eastern Province of the country. The district is

about 60 km by road from Kigali the Capital of Rwanda and it can be approached by

National Road -3. The roads in Rwamagana are mostly in hilly terrain. The hills are

densely populated with scattered settlements often located on the small holdings of

individual households. However, the government has launched an initiative, which

encourages the scattered settlers to live in small townships established at selected

central locations for a population living in a defined rural neighborhood. The hills are

covered with farms and small grazing lands, with no or limited vegetation. The

marshlands are often in between hills. The farms usually are on the foot of the hills

adjacent to the marshland. The roads crossing marshlands may have to be raised and

the side slopes may have to be flatter and involve widening, but this will not require

relocating large population. The impact on fauna and flora is expected to be limited as the

roads follow existing routes, and road sides are cultivated or already cleared. Roads in

the hilly terrain require construction of culverts, often small in size, following the existing

natural water course. Side drains may require stone pitching and check dams to control

erosion. The soil along the roads is mostly soft that could be excavated by labor, which

helps in limiting damages to the environment, as labor construction involves gentle cutting

and minimal spillovers, when a road section has to be widened.

3.2 OBJECTIVES OF THE PROJECT

The prime objective of the project is to improve transport infrastructure with a view to

supporting project area’s social economic development. The project development will

facilitate the economic growth, the improved transportation of goods and services.

Specifically, the major purpose of the proposed upgrading project is to rehabilitate /

construct feeder road network in Rwamagana District in order to meet the following

objectives:

To promote socio economic development of the project area by linking it within the

district and other districts and cities in the country; and

To increase agricultural productivity and marketing capacities, by lowering the

transport costs and losses of farm input and output. In particular, improved

feeder networks will enhance the commercial activities of rural households,

access to services and will reduce poverty.

3.3 PROJECT DETAILS

The project details are reproduced from the feasibility study. The project components

include rehabilitation of right of way, culvert and bridges and cross drainage works. The

affected areas of the feeder rehabilitation are limited to the Right of Way (ROW); plus the

widening areas and borrow and quarry areas. The existing ROW will be followed with 2-3

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

with mostly tea and coffee plantations and banana cultivated. The areas steeper than 35°

19

are not in agricultural use. The rehabilitation of feeder roads will have environmental and

social issues.

3.3.1 Brief Description on Feeder Roads

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

202.73 km feeder roads in the district of Rwamagana. Based on technical, economical,

financial, social and environmental factors, the feeder roads have been assigned the

priority. Based on priority, during this study feeder roads of 163 km have been selected

for environmental and social studies. The above length is covered in 15 priority section of

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

communicates priority road number along with road no identification number road:

1. Karenge – Rugende (Road No. 14) This road traverses three sectors,

Muyumbu, Nyakariro and Karenge. The road starts at Rugende at the junction

with the national road Kigali Rwamagana and running south-eastward ends at

Karenge market. This section has been rehabilitated recently and its condition is

in general good, some short stretches are in bad condition due to traffic and

insufficient maintenance. Horizontal and vertical alignment is acceptable.

2. Bihembe – Isumu (Road No. 20) This road is 9 kms long. The road starts in

Bihembe at the junction with the Karoeng – Rugende road, after having reached

Munini, a Sector Administrative Centre, ends in Isumo at the junction with the

road Juru – Rugende 2.

3. Cyaruhogo-Sovu-Nawe-Bicumbi (Road No. 8) This road traverses three

sectors, Nzige, Mwilire and Rubona. The road is a track with no signs of

maintenance or rehabilitation. The geometry and vertical profile is very poor;

furthermore several parts of the track show a widespread vegetation

encroachment. The road starts nearby Cyaruhogo-Rubona Road crossing the

swampy area where water streams are crossed by some wooden makeshift

bridge, it ends at the market of Bicumbi. This section is a path with an average

width of 3.5-4.0 m, the horizontal alignment and profile longitudinal alignment

are very poor.

4. Muhazi-Gishari-Munyinya (Road No. 11) This road connects two sectors,

Muhazi and Gishari. The road starts at Muhazi at the junction with the national

road Kigali Rwamagana, it crosses the Karuzinzi marsh until the local Police

station of Gishari, running westward after crossing the second marsh area close

to Gishari, ends at Munyinya. The road condition is very bad, the alignment

follows the rolling terrain that becomes flat in the two traversed marshlands. The

roadway has an average width of 3.5 meters.

5. Rugende2-Juru (Road No. 3) The road traverses the Muyumbu and Nyakariro

sectors, its starting point is located on the bridge that separate the districts

Rwamagana and Kicukiro. The Road is classified as Inter-District because it

connects three Districts : Kicukiro, Rwamagana and Bugesera. It ends near the

metal truss bridge crossing the river Nyabarongo. The horizontal profile in

general is winding and vertical profile follow the natural ground namely along the

river lowland. Typical cross section is sloping cut with average carriageway

width at 5.5 m.

20

6. Gahengeri-Nzige: (Road No. 10) This road traverses two sectors, Gahengeri

and Nzige. The road starts at the junction with the national road Kigali-

Rwamagana, reaches the roundabout of Runyinyia and thereafter runs

southward up to Nzige. The vertical and horizontal alignments do not need

much correction and carriageway width is uniform of approximately 7 meters.

Hydraulic structures are made up of concrete /masonry, only one water stream

is overarched by a wood log small bridge.

7. Rwarugaju (Gahengeri)-Rwimbogo (Road No. 12) The road traverses the

Muhilire sector only. The road condition is very bad, with extended erosion of

the roadway and vegetation encroachment.

8. Rubona Centre – Cyaruhogo (Road No. 7) This road traverses the Rubona

sector only. The road starting point is located on the Rwamagana-Ngoma district

road presently under rehabilitation. The road crosses a swampy area and

reaches the Rubona market were intersects the main district road leading to the

Kigali-Rwamagana asphalted Road. The horizontal alignment is fair, the vertical

alignment follows the natural ground and the average width of the existing road

is 4-5 m.

9. Nyarugali – Nkomangwa Centre (Road No. 19) This road traverses the

Munyiginya sector only. The road starts at Nkomangwa and runs southward up

to Nyarugali at the junction with Karangara-Ngati feeder road. It extends on flat

ground with a bending horizontal alignment gently undulating. The pavement is

in bad condition.

10. Kadasumbwa-Fumbwe-Gasabo (Road No. 2) The road traverses the Musha

and Fumbwe sectors. The road has been used during the construction of the

main asphalt road to accommodate deviated traffic, as witnessed by the

remnant of surface treatment. Kadasumbwa Fumbwe-Gasabo’s Road connects

the Rwamagana with Gasabo district. It starts at the Buranga center near on the

asphalt road Kigali-Rwamagana direction Gatsibo District. The horizontal

alignment is fair but in some point the road is occupied by the big trees. The

average width of the existing road is 4.5 m and the vertical alignment follows the

natural ground and in some section steep gradients are above 10%.

11. Rwamagana-Munyaga (Road No. 1) Rwamagana – Munyaga’s Road traverses

the eastern port of Kigabiro sector and the northern part of Munyaga sector. The

starting point is the center of Rwamagana’s town, and the ending point is next

the big rice irrigation scheme. It leads to the main inter district Road

(Rwamagana-Ngoma 28 km) which is under construction. The horizontal

alignment is fair, only in two points (chainages 2.6 and 11.2 km) 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 4.5 m in some section as densely populated areas and close

work of water supply along the route the width reduces to below 3.5 meters.

Number of valve chambers either very close or on right of way.

12. Muhazi-Nyarubuye-Nyagasambu (Road No. 4) The road traverses the

Fumbwe sector only; it starts about 100 meters from lake Muhazi and crosses

the Kadasumbwa Gasabo to Nyarubuye Road. At the end the road leads to the

21

asphalted Road Kigali-Rwamagana at the Nyagasambu market. The average

section width is 3.5m, the horizontal and vertical alignments are very poor,

stretches with steep gradients and hairpin curves are very frequent.

13. Karangara – Gati (Road No. 5) The road traverses the Gishari Sector only.

The road starts near the shore of Muhazi Lake, it reaches the health center and

the market of Ruhunda and ends at Ngati at the junction with the asphalted

Road Kigali – Rwamagana. The most of the alignment runs along the ridge,

some water streams cross the road, at these points simple concrete-masonry

structures have been constructed, in some cases wood log bridges overarch

small water streams. Long stretches of the road are encroached by vegetation

reducing the carriageway in some points at 2 meters width. The horizontal and

vertical alignments are very poor.

14. Nzige-Nyamatete-Karenge (Road No. 13) This road traverses two sectors,

Nzige and Karenge. The starting point of the road is located in Nzige Center and

ending point is located at Karenge market. The average road width is 2.5 m.

with bendy horizontal alignment in three points curves have radii inferior to 30

meters. Steep gradients characterizing the vertical alignment in some cases the

gradients are above 10%.

15. Runyinya-Nyagasambu (Road No. 9) This road traverses the Gahengeri

district only. The Road is a track with some sign of labor work rehabilitation. The

horizontal profile in general is fair and vertical profile follow the natural ground

with some steep gradients above 10%. The road starts at a small roundabout

near Gahengeri and ends at the center of Nyagasambu.

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 is presented in Table 3 while the locations of feeder

roads in the district is available in Figure 2.

22

Table 3: Length and Width Planned for Feeder Roads

Priority No Road Sector Length (Km)

Width (m)

1 Karenge- Rugende 22.7 6.0

2 Bihembe-Isumu 9.0 6.0

3 Cyaruhogo-Sovu-Nawe-Bicumbi 14.0 7.0

4 Muhazi-Gishari-Nunyinya 6.1 7.0

5 Rugende2-Juru 9.0 6.0

6 Gahengeri-Nzige 12.2 7.0

7 Rwarugaju-Rwimbogo 10.6 6.0

8 Rubona-Cyahurogo 3.3 6.0

9 Nyarugali-Centre Nkomangwa 5.9 6.0

10 Kadasumbwa-Fumbwe-Gasabo 15.8 7.0

11 Rwamagana-Munyaga 15.3 7.0

12 Nyarubuye-Nyagasambu 7.5* 6.0

13 Gati - Karangara 10.3 7.0

14 Nzige-Nyametete-Karenge 12.9 6.0

15 Runyinya-Nyagasambu 8.0 6.0

Total 162.9 6.0

*Length is 4 km as per our observation during field visit

Figure 2: Location of Feeder Roads in Rwamagana District

23

4. PROJECT AFFECTED PERSONS AND SOCIO-ECONOMIC PROFILE

4.1 DEMOGRAPHICS

Rwamagana district is part of the Eastern province. The district has a population of about

318,000 inhabitants (Census 2012 provisional data) and extends over an area of 682

km2; the population density accounting for 455 person /km2 is slightly higher than the

national average (416 person /km2) and approximately the double of the Eastern Province

average. The population is unevenly distributed over the district area, the most populated

area is the sector of Kigabiro where Rwamagana town is located, the least populated

sector is Karenge in the south-western part of the district. About 53% people are aged 19

years or younger. People aged 65 years and above make up 4%. The majority of the

population is young, with about 82% still under 40 years of age. The average size of the

household in Rwamagana district is 4.7 which is slightly below the national average

household size. The district comes 12th bottom by mean household size country-wide.

The females outnumber males in Rwamagana district with 109 females per 100 males,

which is below the national average of 111 females per 100 males.

4.1.1 Socio-economic Conditions

The household economic condition with reference to poverty and extreme poverty are set

at 118,000 and 83,000 RWF, Rwamagana district is ranked sixth bottom position country-

wide by percentage of extreme-poor and poor1 population categories. About 70% of the

population in Rwamagana district is identified as non-poor, 18% as poor (excluding

extreme-poor) and 12% as extreme-poor. Compared with other districts of Eastern

Province, Rwamagana district comes first for proportion of non-poor. Rwamagana district

is among the five districts within the 25–40% interval for the proportion identified as poor

(the figure is 30% in Rwamagana). Only Nyarugenge, Kicukiro and Musanze have below

25% of their populations classified as poor.

4.1.2 Distance to facilities/services

Walking distance to basic services can be considered an indicator of both provision and

coverage and need of road facilities. Referring to the mean walking distance to primary

school within the interval of 21.6 to 28 minutes. In particular the mean walking distance to

primary school in Rwamagana district is 26.6 minutes and 40% of households are

between 30 and 59 minutes from a primary school. This walking distance to a primary

school in Rwamagana district is slightly below the mean distance in rural areas, which is

28.6 minutes. Referring to the mean walking distance to a health centre in Rwamagana

district it is 59 minutes and 49% of households walk for under 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.

4.1.3 Economic Activity and Income Sources

Agriculture is the key sectors of the local economy. The overall employment rate is 84%

of the resident population aged 16 years. Rwamagana district is ranked 11th last of all

districts by employment rate. The national average employment rate is 84%, the

unemployment rate is 0.9% and the economic inactivity rate is 15%. With reference to the

24

type of usual main job Rwamagana district shows that most people aged 16 years and

above have independent farmer as their main job (68%); this is followed by wage non-

farmer (13%), independent non-farm (10%) and wage farm (6%). With reference to the

land cultivated per household (in ha), by district, the mean size of land cultivated per

household in Rwamagana district is 0.7 ha., below the national average, Rwamagana

district has also 78% of cultivating households that cultivate under 0.9 ha of land.

Commercialization of crop production overall, as measured by the share of harvest sold

(including households selling zero crops), is 24% in Rwamagana district. It is 20.9% at

national level and about 20% in all other provinces outside Kigali City. The mean share of

harvest sold for fruit and vegetables is lower (13.5%) than for staple crops (22.8%) in

Rwamagana district; the pattern remains the same at national, urban and rural areas

level. Income from agriculture is 70 % and balance 40% has their own business.

4.2 POPULATION ON ROW

The feeder roads in Rwamagana Districts pass through scattered settlement, villages and

towns. The boundaries of feeder roads expansion have not been transferred on the land.

In general about 3 to 4 m average width will be required for widening of road to have right

of way of 9-10 m. The widening will have impact on houses, agriculture land and other

infrastructure facilities, namely fences, and cattle shade. About 15 houses and in all 217

families will be getting affected due to widening of feeder roads in the district.

4.3 SOCIOECONOMIC PROFILE OF PAPs

Socio-economic profile has been developed for the PAPs. The sample size was 15

household which is about 7% of total PAPs. In order to develop this profile, a

questionnaire was developed to collect the data and is available in Annexure 3. The

socio-economic conditions of PAPs are discussed in subsequent sections.

4.3.1 Family Size of the Household

The consultant has developed a questionnaire to collect the socio economic conditions

for project affected people (PAPs). The questionnaire is available in Annexure - 3. The

total number families whose houses are to be affected by the project are 15 families.

Table 4 summarizes the family size of the households’ respondents. The Analysis has

indicated that 26.7% of the PAP families size is Large, means that the size of the family is

above 7 per household. While 60% are medium, which means that they are within the

range of 5-7 in the family and 13, 3% has small size, means between 2-4 persons per

family. The average size of the household is 4.7.

Table 4: Family Size of the Households

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

1 Small (2-4) 4 13.3

2 Medium (5-7) 9 60.0

25

3 Large (Above 7) 2 26.7

Total 15 100

Source: Field survey and Analysis, August, 2013

4.3.2 Marital Status of PAP

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

categories of people about the project. Table 5 shows the marital status of the PAP.

About 80% of PAPs are married; single, 6.7% and 13.3% widow and balance are not

applicable.

Table 5: Marital Status of Respondents in Household Surveyed

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

1 Married 12 80

2 Single 1 6.7

3 Widow 2 13.3

4 Divorced 0 0

Total 15 100

Source: Field survey, August 2013

4.3.3 Employment status of PAP

With regard to the surveyed household, about 86.7% are employed in either their own or

at someone else agricultural farm. Moreover, within the same proportion, some of the

PAPs own small business which they combine with agricultural activities. This can be

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

Casava) are dominants, and small business in commercial centre. The percentage of

PAPs represent “housewife” being 13.3%. Table 6 describes the employment status of

members in the household surveyed.

Table 6: Employment Status of PAPs

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

1 Employed (in own

agricultural farm)

13 86.7

2 Pensioner 0 0

3 Student, pupil 0 0

4 Housewife 2 13.3

5 Unemployed 0 0

6 Military Servant 0 0

7 Not applicable 0 0

Total 15 100

Source:Field survey, August 2013

26

4.3.4 Vulnerability of PAP

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 7 gives some

information on vulnerability. The majority of the project affected population (93.3%) are in

normal conditions and one person representing 6.7% is an orphan. Other PAPs to be

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

and women headed households.

Table 7: Vulnerability in the PAP

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

1 Living with disability 0 0

2 Orphans and aged persons 1 6.7

3 People in normal conditions 14 93.3

Total 15 100

Source: Field survey and Analysis, August 2013

4.3.5 Education of PAPs

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

reported in Table 8. Among the respondents (PAPs), 33.3% are illiterate, primary

(elementary level) education represent 46.7% and 13.3 % have incomplete secondary

level. The proportion representing those who completed the secondary vocational

represents 6.7 %. The main reason is the poverty of families that could not afford school

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

government policy, elementary education is free of charge, therefore every parents has

an obligation to send his children to school.

4.3.6 Livestock in the surveyed household

The population of Rwamagana District is involved in livestock activities. There is one

family who does not have farming activity but involved in the livestock activities. The

numbers of livestock are reported in Table 9. Goats dominated the livestock distribution

in the project area.

Table 8: Level of Education in the Household

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

1 No literate 5 33.3

2 Primary 7 46.7

3 Incomplete Secondary 2 13.3

4 Secondary 0 0

5 Secondary vocational 1 6.7

6 Incomplete Higher 0 0

27

7 Higher ( Bachelors Degree) 0 0

8 Postgraduate 0 0

9 Not applicable 0 0

Total 15 100

Source: Field Survey, August 2013

Table 9: Number of Livestock in the Family

Livestock distribution Number of Livestock

Cattle 12

Sheep 2

Goats 13

Chickens 10

Ducks 4

No Livestock 0

Source : field survey, September 2013

4.3.7 Housing conditions of the PAPS

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

because it gives the idea on the living conditions of family members. The Table 10 shows

the situation of the PAPs in the visited roads in Rwamagana District. About 100 % of

PAPs live in their own houses and a big proportion of these houses 100% are built in soil

blocks know as Rukarakara.

4.3.8 House Conveniences and their Conditions

Table 11 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.

28

Table 10: Housing Conditions

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

Cottage/rural house 0 0 Wood 0 0 Owned 15 100

Other 15 100 Soil Blocks

(RUKARAKARA

+Cement)

15 100 Rented 0 0

Total 15 100 15 100 15 100

Source: Field survey, August 2013

Table 11: Conveniences in the Surveyed Household and their Conditions

Grid

Electricity

Frequen

cy

% Solar Energy Freque

ncy

% Mobile

Phone

Frequenc

y

% Private Toilet Frequen

cy

%

Functions 15 100 Functions 0 0 Functions 15 100 Functions 15 100

Function

with

interruption

0 0 Function with

interruption

0 0 Function

with

interruptio

n

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

0 0 Doesn't exist 15 10

0

Doesn't

exist

0 0 Doesn't exist 0 0

Total 15 100 Tatal 15 10

0

15 100 15 100

Source: Field Survey, August 2013

29

4.4 RESETTLEMENT IMPLICATIONS

The feeder roads in Rwamagana Districts pass through scattered settlement, villages and

towns. The boundaries of feeder roads expansion have not been transferred on the land.

In general about 3 to 4 m average width will be required for widening of road to have right

of way of 9-10 m. The widening will have impact on houses, agriculture land and other

infrastructure facilities.

4.4.1 Loss of Houses

The details of house on the feeder roads are presented in Table 12. The total numbers

of houses which will need relocation are 15. These houses will be fully affected. No house

is likely to be affected partly.

Table 12 :Details of House on Road Side

Priority No. Feeder Roads Houses

1 Karenge- Rugende 1

3 Cyaruhogo-Sovu-Nawe-Bicumbi 2

5 Rugende2-Juru 2

7 Rwarugaju-Rwimbogo 3

8 Rubona-Cyahurogo 1

11 Rwamagana-Munyaga 1

12 Nyarubuye-Nyagasambu 2

13 Gati – Karangara 1

14 Nzige-Nyametete-Karenge 1

15 Runyinya-Nyagasambu 1

Total 15

Source: Consultant’s Survey

4.2.2 Loss of Land

The development in the study area will definitely bring substantial change in the land use

pattern as the road modification/ construction will require additional land from private and

government. It is estimated that on an average 2.17 m widening will require 29.36 ha land

for the priority feeder road improvement. The analysis of data has also indicated that

about 80% land on road side is under agriculture. Hence 23.49 ha will be under

agriculture. The land use change is presented in Table 13. About 29.36 ha additional land

will be required. 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.

30

Table 13: Loss of Land

Priority

No

Description Average

Additiona

l Width

(M)

Lengt

h (km)

Area

(ha)

1 Karenge- Rugende 1.0 22.7 2.27

2 Bihembi-Isumo 0.0 9.0 0.00

3 Cyaruhogo-Sovu-Nawe-Bicumbi 2.0 14.0 2.80

4 Muhazi-Gishari-Munyinya 3.0 6.1 1.83

5 Rugende2-Juru 3.0 9.0 2.70

6 Gahengeri-Nzige 0.0 12.2 0.00

7 Rwarugaju-Rwimbogo 3.0 10.6 3.18

8 Rubona-Cyahurogo 2.0 3.3 0.66

9 Nyarugali-Centre Nkomangwa 2.0 5.9 1.18

10 Kadasumbwa-Fumbwe-Gasabo 1.5 15.8 2.37

11 Rwamagana-Munyaga 1.5 15.3 2.30

12 Muhazi-Nyarubuye-Nyagasambu 2.5 7.5 1.88

13 Gati - Karangara 2.5 10.3 2.56

14 Nzige-Nyametete-Karenge 2.5 12.9 3.23

15 Runyinya-Nyagasambu 3.0 8.0 2,40

Total 2.17 162.9 29.3

6

Source: Consultant Field Surveys and computation

4.4.3 Loss of Facilities

Due to expansion there will be other minor losses, it does not mean that these shall not

be included. The identified losses include fence, water valve chambers and water pipeline

crossing the road. The protection measures to memorials, churches and mosque have

been included in environmental impact assessment report. The facilities which will need

compensation and or rehabilitation are summarized in Table 14.

Table 14: Loss of Facilities

S.No Impact Unit Value

1 Fence m 255

2 Water Valve Chambers Number 9

3 Length of water pipe m 48

Source: Consultant Field Surveys and computation

31

4.4.4 Summary of Losses

Table 15 summarizes the type of losses likely to be due to the expansion /widening of

feeder roads in the district.

Table 15: Loss of Property/ Impact on Road Side

S.No Description Value

(ha)

S.N

o

Description Value

(number

)

1 Total Loss of Land 29.36 5 Number of Families 217

2 Loss of Crops 20.55 6 Number of Trees 153

3 Loss of Coffee

Plantation

3.50 7 Family loosing

House

15

4 Agro-forestry 3.50 8 Loss of Fence 255 (m)

Source: Consultant Field Surveys and computation

4.4.5 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 16.

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).

32

Table 16: Impact Analysis

S.

No.

Activity Potential

Impact

Nature Magnitud

e

Extent /

Location

Timing/

Phase

Duratio

n

Reversible

/

Irreversible

Likelihoo

d

Significan

ce

i) Site Acquisition for

road construction

Change in land

use/ Loss of

Land

Negative

Direct

Medium Small

Area/

Large

Distributio

n

Pre-

Constructio

n

Long

Term

Irreversible Probability Regional

ii) Acquisition of

Land

Loss of Crops Negative

Direct

Medium Small

Area/

Large

Distributio

n

Pre-

Constructio

n

Long

Term

Irreversible Probability Regional

iii) Acquisition of

Land

Loss of Agro-

Forestry

Negative

Direct

Low Small

Area/

Large

Distributio

n

Pre-

Constructio

n

Long

Term

Irreversible Probability Local

iv) Acquisition of

House

Loss of House/

Residence

Negative

Direct

Low Small

Area/

Large

Distributio

n

Pre-

Constructio

n

Long

Term

Irreversible Probability Local

33

S.

No.

Activity Potential

Impact

Nature Magnitud

e

Extent /

Location

Timing/

Phase

Duratio

n

Reversible

/

Irreversible

Likelihoo

d

Significan

ce

v) Agriculture land

Acquisition

Loss of

Agriculture

Produce

Negative

Direct

Low Small

Area/

Large

Distributio

n

Pre-

Constructio

n

Long

Term

Irreversible Probability Regional

34

4.5 PUBLIC CONSULTATIONS AND PARTICIPATION

Public participation and community consultation has been taken up as an integral part of

social assessment process of the project. Consultation was used as a tool to inform and

educate stakeholders about the proposed action both before and after the development

decisions were made. This participatory process will enable the participation in the

decision making process. Initial Public consultation has been carried out in the project

areas with the objectives of minimizing probable adverse impacts of the project and to

achieve speedy implementation of the project through bringing in awareness among the

community on the benefits of the project. The project consultations were made to consult

with the public as well as a number of local authorities, to determine their thoughts,

opinions and feedback on the impact of the rehabilitation of feeder roads in the District.

The PAPs were also provided with relevant and sufficient information on the project prior

to its start - up. These stakeholders include the central and local authorities, as well as

the population. Socio-economic information was obtained during informal meetings with

local authorities during the field visits as well as the information obtained from field

survey. Efforts were made to reach as many people as possible. For this purpose, the

strategy of reaching people in public works known as “UMUGANDA7” was mainly

exploited. This public consultation was held in Nzige Village, on 30th August 2013.

4.5.1 Stakeholders

Involving stakeholders through participatory direct or indirect consultations is central to

completion of the RAP. The stakeholders were those who have an interest in the project,

and who will be involved in the further consultative process. The main groups of

stakeholders met are:

Project Affected Persons (PAP);

Local authorities;

Community People and Road Users’ and

Churches and cooperative leaders

During the consultative process, beside the local authorities and ordinary population

(mainly PAPs), other social organizations were also invited to attend the communication

meetings. They are church leaders, local cooperative leaders, local medical staff, and

local police and army representatives. The public consultation for ESIA, RAP, and

PCRMP was conducted at the same time. Definitions used in public consultation and

resettlement action plan are available in Annexure 2 while signed attendance list of

people participated in public consultation is presented in Annexure 5.

4.5.2 Public Participation – Methods and Process

During these consultations, the communities were explained about the project, its

benefits, social and environmental impacts. The participants were encouraged to (i) be

open and make known their concerns and claims. The presentation highlighted the

project background, objectives, expected upcoming activities, social economic

information, and environmental information. Moreover, the consultants explained that land

7 Umuganda : Is a traditional practice, through which citizens living in the same Village, Cell, Sector with local

authorities meet in public work. This is carried out every last Saturday of the month.

35

would need to be taken and that this would be managed via a resettlement action plan

and that compensation would be paid for losses. The people contacted are reported in

Table 17 :

Table 17 : Authorities Consulted in Rwamagana District

S.No Names Function

1 Vice Mayor Professional in Charge of Economic

Development

2 Executive Secretary Rwamagana District

3 Project Affected People and Others

From Settlements (over 100 in Number)

The salient feature of the meeting is presented below:

i) Views from the Vice Mayor in charge of Economic development

The Vice Mayor in charge of Economic Development of Rwamagana District fully

supports the “Feeder Road Project”. In her remarks during the public meeting session,

she stated that “ It is with pleasure to have this kind of project in our District” She argued

that “the rehabilitation of these feeder roads will certainly bring positive impact to our

people” The benefits expected Improved conditions of transporting goods and people; (ii)

Opening up of the hinterland and improved access to basic socioeconomic infrastructure;

(iii) Creation of direct and indirect employment during the road construction, operation

and maintenance phases; (iv) Reduced risk of landslides and erosion thanks to the

reinforcement and monitoring of embankments; (vii) Added value of land as a result of

improved accessibility; and Improved security around schools along the road. She finally

urged the people to well come the project, and for the PAPs that they should not worry,

as laws are there to protect them.

ii) Views from the Executive Secretaries of Sectors and Cells

In line with the Vice Mayor, Executive Secretaries acknowledge the huge benefits that

they expect from the rehabilitation the feeder Roads in Rwamagana District. They urged

the participants to welcome the project as it brings benefits to them. People should

participate in the implantation and the protection of these socio economic infrastructures.

People’s participation has to be observed in the rehabilitation, as they will the first to

given jobs. They reminded the participant the compensation law and practices.

iii) Consultative Meetings with community

The meeting was held after the Community works “ Umuganda”. Approximately 150

people attended the meeting; 20% or so were women. The main objective of the public

consultations was to gather information on their concerns, perceptions, reactions and

fears of the livelihood changes to be brought about as a result/consequence of

rehabilitation of feeder roads in Rwamagana District. The specific objectives are:

36

Create awareness of the project especially;

To obtain stakeholders (District, Sector and Cell leaders)‟ responses, feedback and concerns on the project;

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

After the presentations, the community was given opportunity to give their views,

comments and queries. Different community problems were addressed during the

meeting in which the local participants expressed repeatedly their main concerns as

follows:

Road safety issues;

Lack of jobs and income generating activities

Very poor road conditions in some villages;

Lack of sidewalk;

Narrow local roads and so on.

Any comments or questions raised by stakeholders were responded to and recorded.

Employment opportunities in jobs associated with the rehabilitation of feeder roads was a

theme brought up in the meetings. The consultant explained that positive and negative

impacts of the project on people and the environment will be analysed such as air

pollution, dust, influx of people, employment, traffic, road safety, and the consultant team

highlights that the project will follow government policies in protecting the population.

All the participants confirmed that they appreciate the feeder Road Rehabilitation Project.

The project received high degree of acceptability in that rehabilitation of the road will

boost local economy due to increased usage of the road hence more exposure and

increased benefits as more people would be passing through the road and in a way

increase trading opportunities.

In regards to feasible resettlement alternatives different options were presented including

compensation in kind and compensation in cash. For trees and crops most of PAPs prefer

compensation in cash. For houses and structures, most of PAPs prefer compensation in cash plus

plots in selected sites for building new houses. For land compensation PAPS who are losing small

plots prefer compensation in cash while PAPs who are losing big land( they are very few prefer

land for land compensation.

4.5.3 Findings from Public Consultation Meeting

The data obtained from public consultation and views as well as concerns from different

stakeholders are given in details in Table 18. The people who participated in the public

consultation, their signed attendance sheets are available in Annexure 4 and

photographs are put at the end of this part

Table 18: Summary of Public Consultation in Nzige Sector of Rwamagana District

S. No

Gender Question/comment Response and how addressed in ESIA

1 Male The project is genuine and very good for us, but how about the loose of

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

37

land, crops, houses, etc compensation

The RAP will investigate these losses.

2 Male Raised problem of water conservation and suggested the construct of dames to allow further water use

With the local authorities, the team explained that the project does adhere to the requirement of environment protection, but the issue of Dame construction can be observed by local authorities.

3 Male Raised the issue of employment, he suggested that the local people should be the first ones to be employed project.

The consultant team explained that local people will be involved in the employment, especially those with skills. But those with no skills will be taken as manpower in the project implementation.

4 Female Normally projects help vulnerable people, people with disabilities. This project is not doing that.

The project will benefit all people and it needs people with the ability to work on the project as well.

5 Male The project is good, people are happy with it. What about the material to used in rehabilitation (Stones, or macadam)?

The project team explained that the rehabilitation of road will use material available in the district. The implementation of the project will be done according to Feeder roads standards

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

This is likely to occur.

7 Female Comment – If I lose my land, will you employ me for my survival?

The team explained that the employment does not replace the compensation process prescribed by the law. It assured the projected affected people, that they will be compensated in line with the law and OP 4.12

8 Female Can anything be done to help people get jobs, such as weaker or disabled people?

No particular job benefits are given to vulnerable people and people with disability. The kind of job which is executed in the project requires physical energy where people with disability may have difficulty to accomplish.

Source: Primary data genereted through public consultation, August 2013

During public consultation following points have emerged:

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

The project Affected People will prefer house for house in the same village or

nearby,

The PAPs who are involved in business have given their choice near the market

or cell / sector resettlement scheme;

Farmers have also indicated cash for agriculture land;

Most of the PAPs are looking some form of incentive for themselves from the

projects such as regular/ temporary jobs.

38

5. RESETTLEMENT ACTION PLAN IMPLEMENTATION

5.1 INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS

The RAP implementation includes the identification of affected families and land asset

inventory of the Project Affected Parties (PAPs). The activities are i) Notification to

affected parties; ii) Agreement on compensation, including agreement and further

development of rehabilitation measures; and iii) Preparation of contracts, compensation

payments and provision of assistance in resettlement. The RAP will be implemented

under an institutional arrangement.

The implementation arrangements of the RAP build on:

The arrangements for the overall program management is of Ministry of Agriculture and Animal husbandry;

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

The main executing agency MINAGRI will work in close coordination with Ministry of Infrastructure, REMA, RDB at national level and District Administration at local level.

An institutional matrix has been prepared for the implementation of the Resettlement Action Plan as reported in Table 19

Table 19: Implementing Institutions and their Responsibility

S.No Activities in RAP Implementing Institution

1 Overall Management of RAP Ministry of Agriculture and Animal Resources

2 Identification of affected

families and land asset

inventory of the Project

Affected People (PAPs)

District Administration in consultation with

respective sectors and cells in which road is

situated.

3 Verification of PAPs District Land Commission (DLC) and MINAGRI

4 Compensation Agreements MINAGRI in association with District Land

Bureau

5 Payments District administration and Department of

Revenue

6 Grievances Grievances Committee

7 Dispute Grievances Committee and Court

8 Monitoring and Evaluation Social Safeguard offices of District and

MINAGRI

At the local level, the Rwamagana District authorities will play a critical role in supervising

the feeder road project resettlement and compensation planning, implementation and

monitoring. This will be mainly done through the District Land Bureau. The key actors on

the ground involved in implementation will be the individual project Resettlement and

Compensation Committees members, which will comprise representatives from MINAGRI,

39

RFRP and at Sector and Cell level. This Committee will coordinate the implementation

of RAPs as well as develop and implement consultation and grievance mechanisms

via Project Coordinator Rwanda Feeder Road Project, and environmental and social

Officer. Resettlement committee and grievance committee will be established by the

district and Ministry of Agriculture after the detailed design studies and detailed census of

assets.

Table 20: Grievance redresses committee

No Names Position Phone

number

Email

1 Rwakayigamba

Emmanuel

Environment

officer

0788454412 rwakae@yahoo,fr

2 Mukankusi

Therese

PAPs

representative

0785483217 m.therese@yahoo.fr

3 Mukakamanzi

Alphonsine

District land

officer

0788759989 alphamanzi01@yahoo.fr

4 Uwayezu Valens LWH-RSSP

district

coordinator

0788525383 valensuwayezu@gmail.com

5 Murigande

Benjamin

Project

Safeguards

officer

0788462772 muligande2007@yahoo.com

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. WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets- are also eligible for compensation for the land they lose, and other assistance.

Each category in the eligibility matrix has compensation calculations associated with it based on type of lost assets, tree, type of crop and yields (Refer Table 2).

While WB OP 4.12 indicates that squatters (i.e. the PAPs who do not have title or valid claim to the land) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Rwanda law has no such mechanism to protect land owners in case of absentee land lords or

40

users. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas.

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

expropriated must be handed over which is 90 days after compensation has been paid.

WB OP4.12 requires that displacement must not occur before necessary measures for

resettlement are in place, i.e., measures over and above simple compensation.

5.3. Valuation and Compensation

As per the Valuation Law, all peoples affected by expropriation must receive fair and just

compensation. The calculation of fair and just compensation is to be made by

independent valuers. Whilst fair and just compensation is stipulated to be market value for

land and other assets, clarification of what this comprises

is not made clear in the legislation. The following methods of calculation are adopted for

assets valuation.

a) Compensation for Land

Land for land is the first compensation option and compensation in cash at full

replacement value will be considered only if the affected land is less that 20% of total

land. Replacement land should be of equivalent productive value and size, and located in the

community or at a nearby resettlement area, with similar social and physical infrastructure systems

as well as secured tenure status. Cash compensation should be valued based on the

prevailing market value in the locality (local market price variations as provided by

ministerial order on land prices outside Kigali city (MINIRENA, 2010)). In addition, any

associated costs of purchasing the land including land rates, registration fees will need to

be included in the compensation calculation. Where land lost is only a small proportion of

total land owned by the PAP, but renders the remaining land as unusable, the

compensation provided should be calculated based on the total land affected (the actual

land lost plus the remaining unusable land).

b) Compensation for Crops and Trees

PAPs will be encouraged to harvest their produce before loss of land. In order to ensure

that this is possible, and that appropriate market prices are received for yields, there

needs to be sufficient consultation beforehand so that harvesting can be properly

planned. In the event that crops cannot be harvested, compensation for loss of crops and

trees including value of fruit trees will be provided as follows.

- Provision of cash compensation for value of crops lost, at current market value

(equivalent to average of last 3 years of market value or, market value of mature crop

in the scarce season – whichever is greatest);

- Provision of seed or seedlings appropriate for the resettled areas

- Provision of cash compensation to cover the income foregone during the period that

the PAP is without land. The cash compensation will be equivalent to the value of

crop production lost, until the replacements are yielding to the same level (i.e., the

period until the replacement seed/seedlings are producing whether the same year for

annual crops, or longer in the case of shrub or tree crops).

- For fruit trees that take longer to mature and yield and are seasonal, the cost of the

yields for the period that the tree will take to mature should be calculated including

future price of the fruits.

41

C) Compensation for houses and other Structures

There are two options for compensating structures in lands that will be expropriated. The

preferred option for structural compensation will be to provide alternate structures (huts,

houses, farm outbuildings, latrines, storage facilities and fences among others) of

improved quality where possible. In case of residential structures, the replacement should

provide better standards of living. Alternative method of structure compensation will be to

provide cash compensation at full replacement value.

Replacement costs will be based on:

• Sizes of structures and materials used

• Average replacement costs of different types of structures based on information

on the numbers and types of materials used to construct different types of

structures

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

• Transportation costs for delivery of these materials acquired for replacing the

structure

• Estimates of construction of new buildings including labor required

• Any associated costs including rates, taxes, and registration fees among others.

Furthermore, resettlement assistance will be provided in the form of a moving allowance

(at full costs of transport expenses). As Rwanda is implementing grouped settlement,

affected people will be offered plots in selected sites for house construction.

d) Assistance to vulnerable people

In addition to compensation allowances, vulnerable people will be assisted by providing

them assistance to facilitate reestablishment of livelihood activities (provision of

seedlings, agricultural inputs, and financial credits for equipments, health insurance etc).

Severely affected PAPs and those from vulnerable groups will be given the option to

select any training they wish, which would help them to maintain and/or improve their

income generation potential. The skills training program will be designed during project

implementation

e) Project related job opportunities

Affected persons will be prioritized in gaining employment in the works linked to the

feeder Roads rehabilitation. Minagri, Districts and the contractor will ensure that this is

included in the contractors’ specifications wherever possible.

5.4 Complaints Procedure

The Article 26 of the Expropriation Law N0 18/2007 of 19/04/2007 provides complaints

procedures for individuals dissatisfied with the value of their compensation. Article 19 of

the expropriation law stipulates that dissatisfied persons have a grace period of 30 days

42

after the project approval decision has been taken to appeal. However for the project the

the following mechanism will be adopted.

Registration of the complaint, grievance or dispute case by MINAGRI in

collaboration with local authorities (Sector level);

Processing of the grievance or dispute until closure is established based on

evidence that action satisfactory to complainant was taken by MINAGRI; and

In the event where the complainant is not satisfied with action taken by MINAGRI

as a result of the complaint, an amicable mediation can be triggered involving a

mediation committee independent from the Project (see below).

5.4.1 Grievance Redress Mechanisms

After approval of individual RAP, affected Persons and households will have been

informed of the process for expressing dissatisfaction and for seeking redress. The

grievance procedure will be simple, and will be administered as far as possible at

the Sector/ Cell level by the Resettlement and Compensation Committee to

facilitate access by PAPs. A representative of the Committee will act as Project

Liaison Officer and be the main project contact for all PAPs The PLO will work in

collaboration with an independent agency/NGO or person to ensure objectivity in

the grievance process. All grievances concerning non-fulfillment of contracts,

levels of compensation, or seizure of assets without compensation shall be

addressed to the Project Liaison Officer and resolved in coordination with the

District Administration.

In practice, grievances and disputes that are most likely during the implementation of a

resettlement program are the following:

Misidentification of assets or mistakes in valuing them

Disputes over plot limits, either between the affected person and the Project, or

between two neighbors;

Dispute over the ownership of a given asset (two individuals claim to be the owner

of this asset); e.g. due Recent change of asset ownership

Disagreement over the valuation of a plot or other asset;

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

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

Disputed ownership of a business (for instance where the owner and the operator

are different persons), which gives rise to conflicts over the compensation

sharing arrangements.

In the event where the complainant is not satisfied with action taken by MINAGRI as a

result of the complaint, an amicable mediation can be triggered involving a mediation

43

committee independent from the Project. . The committee will have official from the

following:

One representative of the local Administration;

One MINAGRI representative acting as an observer;

Three representatives of the affected people, including at least one woman,

chosen by the complainants from the GRIEVANCE Redress Committees (GRC)

and/or amongst community based organizations, elders, customary authorities,

One representative of an NGO or of a religious organization present in the project

area.

The Committee will be notified by MINAGRI taking into consideration the location of

feeder road.

5.4.2 Grievances resolution By Court

It is encouraged to resolve the issues at Cell level, as they are aware of and involved in

the whole process. If the grievance is not resolved in this way, local courts (ABUNZI)

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

an avenue for voicing and resolving these complaints. The suggested grievance handling

procedure can be summarized as follows:

5.5 Monitoring and Evaluation

The arrangements for monitoring the resettlement and compensation activities will

fit the overall monitoring program of the entire the proposed Environmental and Social

Management Plan (ESMP) for Rwamagana Feeder road development project, which will

fall under the overall responsibility of the hired independent experienced company,

MINAGRI and District authorities. The coordinator SPIU will have responsibility for

ensuring monitoring is undertaken with the Resettlement and Compensation

Committee coordinating efforts. Periodic evaluations will be made in order to determine

whether: the PAPs have been paid in full and 90 days before implementation of the

project activities; economic rehabilitation measures have been implemented; and

the PAPs have the same or higher standard of living than before. A number of

objectively verifiable indicators shall be used to monitor the impacts of the compensation

and resettlement activities. These indicators will be targeted at quantitatively and

qualitatively measuring the physical and socio-economic status of the PAPs, to

determine and guide improvement in their social wellbeing. In addition, an independent

audit will take place at the completion of the RAP implementation.

5.6 Community Involvement

Infrastructure development projects are designed and implemented for the public good. It

is frequently unavoidable that the implementation will have immediate adverse impacts on

certain members of the community. Such adverse impacts put respective households or

individual at risks. Whenever such negative impacts are foreseen, a resettlement is

prepared to address and mitigate against such negative impacts.

44

The World Bank OP 4.12 stipulates that any displaced persons and their communities

including any host communities should be provided with timely and relevant information,

consulted on resettlement options. The communities and project affected persons should

be also offered opportunities to participate in planning, implementing and monitoring

resettlement. The primary objectives to involve communities and to consult with the PAPs

are to:

Develop constructive public opinion that will lead to the execution of a fair and

participatory project;

Promote an environment for the participation and decision making of the

communities in solving their own problems;

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

development ;

Develop a community participation and consultation plan for its future

implementation of a final Resettlement Plan.

Encourage the PAPs to be open-minded to share insight information about the

land tenure, to make known their concerns and claims and to be transparently

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

lodging complaints.

During the fieldwork, a number of community meetings, discussions, consultations,

interviews were conducted within the footprint of the project with households and

commercial entities that are likely to be affected by the project, with the local

administration, community leaders, district staff, social workers, police officers. Individual

Interviews/consultations with individual PAPs were conducted, including farmers and

commercial entities.

5.7 DISCLOSURE OF SOCIALSAFEGUARDS INSTRUMENTS

The Ministry of Agriculture and Animal Resources will disclose this Resettlement Action

Plan by making copies available at its head office and in District / Sectors/ Cell project is

situated. The copies shall also be made available to the local government’s agencies, the

Environmental and Social Group and other stakeholders. The Government of Rwanda will

also authorize the World Bank to disclose this RAP electronically through its InfoShop

5.8 BUDGETS FOR RAP

The budget for RAP includes compensation for all type of properties, crops, land, and

facilities. The Government of Rwanda, through Ministry of Agriculture, will make available

funds for compensation and this will be done prior to any taking of land. In event of loss

occurring to an individual, Article 3 of the Expropriation Law stipulates that he or she

should receive just compensation for it. This entitlement is based on the figure arrived at

by the independent valuer. Article 4 of this law also stipulates that any project which

results in the need for expropriation for public interest shall provide for all just

compensation in its budget. Through mutual arrangement, both parties can determine the

mode of payment. Article 22 (2) of the Expropriation Law provides that through an

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

45

compensation may either be monetary, alternative land or a building equivalent as long

as either option equates to fair and just monetary compensation. In case the

determination of ‘just’ compensation exceeds in value the alternative land given to the

expropriated person, the difference will be paid to the expropriated person. Land

acquisition and compensation will be undertaken according to national legislation with

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

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

compensation have been prepared and summarized in Table 20 for land, in Table 21 for

agriculture produce, and Table 22 for buildings along with business. The average cost of

land is estimated RWF 204/m2. The costs of trees are reported in Table 23.

Table 20: Price for land in Different Sectors of Rwamagana District8

Sector Cell Land Price / m2 in FRW

Fumbwe Nyagasambu 199

Other cells 168

Gahengeri Each site 153

Gishari - 306

Karenge - 245

Kigabiro - 551

Muhazi - 551

Munyaga - 122

Munyiginya - 138

Musha Musha 138

Other Cells 122

Muyumbu - 138

Mwulire Ntunga 199

Other Cells 168

Nyakaliro - 107

Nzige Akanzu 184

Other Cells 168

Rubona - 153

8 Source: Official Gazette No. 19 of 10/05/2010

46

Table 21: Compensation Rates for Crops9

S.No Crop Unit Rate (RWF)

1 Banana Plantation Rwf/m2 400

2 Tomato Plantation Rwf/m2 750

3 Sweet Potatoes Rwf/m2 200

4 Casava plants) Rwf/m2 405

5 Coffee Plants Rwf/m2 2500

6 Coffee Plantation Rwf/m2 400

7 Fence (in Europhobia) Rwf/m2 420

Table 22: Compensation Rates for Building/House10

S.No House Building Unit Value (Rwf)

1 Mud House Rwf/m2 20,000

2 Residentiel Brick Rwf/m2 50,368

3 Commercial Brick Rwf/m2 50,368

Table 23: Tree Compensation Budget

S.NO Type of Tree Unit Valuation Rwf

1. Avocado (Young) Rwf/Tree 4005

2. Cedrela (Young) Rwf/Tree 5720

3. Eucalyptus (Mature) Rwf/Tree 4000

4. Grevellela (Mature) Rwf/Tree 858

Source: Field Discussions

Based on the impacts described earlier, this section present the budget estimates

according to the aforementioned valuation methodologies and unit value rates. The

estimated budget for RAP is summarized in Table 24 while for RAP implementation

monitoring is presented in Table 25.

9 Source: Field Survey August 2013 10 Market Rate-Discussion during Field Visit; The minister order determining the price of the building is Rwf 30,500 m2 for foundation; 13,3368 Rwf/m2 for Elevation; 5000 Rwf for roofing and 1500 Rwf for pavement. This makes the total of 50,368 Rwf/m2

47

Table 24: Resettlement Action Plan Estimates/ Budget

S.No Impact Description Unit Quantity Frequency Rate Total (RWF)

A Compensation For Loss

1 Loss of Land ha 29.36 Once 204/ m2 59,894,400

2 Temporary loss of lands ha 3 Once 40/m2 1,200,000

3 Loss of Crops (Banana) ha 3.55 Once 400/m2 8,200,000

4 Coffee plantation ha 3.50 Once 200/m2 7,000,000

5 Loss of Agro forestry ha 3.50 Once 800,000/ha 2,800,000

6 Loss of House Number 15.0

(average 25m2)

Once 50,368/ m2 18,888,000

7 Loss of Trees Number 153 Once 4,000 612,000

8 Loss of Fence m 255 once 420 107,100

9 Valve Chamber (60x60x75 cm) Numbers 9 once 60,000 540,000

10 Replacement of Water Pipe m 48 Once 3300 154,400

11 Transportation Expenditure for transfer

of House hold goods (Full Cost)

Number 15 Once 22,500 337,500

12 Disturbance Allowance Number 15 Once 22,500 337,500

10 Rent for Land for Contractors Works ha 4 One year 300/m2 12,000,000

11 Assistance to vulnerable people Number 30 Once 200,000 6,000,000

12 Sub Total of A 190,870,500

13 Training of officers involved at local

level in environmental and social

management

Years 2 Twice a Year Included in Environmental

and social Monitoring costs

14 Review, documentation, and other

policy matter

Meetings 4 Three times in a year

for two years

Included in Environmental

Monitoring costs

48

S.No Impact Description Unit Quantity Frequency Rate Total (RWF)

Contingencies’(10%) 18,487,050

Total 209,357,550

Table 25: Resettlement and Compensation Monitoring Program

S.No Impact Parameter to be Monitored

Indicator Method Frequency Responsibility Cost Estimates (RWF)

1 Loss of Land Compensation Received

Amount of Money Received/ Land Received in Exchange

Payment List/ Land Title

On monthly Basis MINAGRI/ District Authority/ RFRP

3,600,000

2 Compensation for Crops

Compensation Received

Amount of Money Received/ Receipt

Payment List On monthly Basis MINAGRI/ District Authority / RFRP

6,840,000

3 Banana/ Coffee Plantation

Compensation Received

Amount of Money Received/ Receipt

Payment List On monthly Basis MINAGRI/ District Authority / RFRP

3, 750,000

3 House Compensation

Compensation Received

Amount of Money Received/ House Received in Exchange

Payment List/ House Title

On monthly Basis MINAGRI/ District Authority / RFRP

600,000

4 Loss of Agro forestry

Compensation Received

Amount of Money Received/ Receipt

Payment List On monthly Basis MINAGRI/ District Authority / RFRP

600,000

5 Loss of Trees Compensation Received

Amount of Money Received/ Receipt

Payment List On monthly Basis MINAGRI/ District Authority / RFRP

120,000

6 Grievances Compensation Amount of Money Payment List Monthly Basis MINAGRI/ 20,000,000

49

S.No Impact Parameter to be Monitored

Indicator Method Frequency Responsibility Cost Estimates (RWF)

Mechanism Received Received/ Receipt District Authority / RFRP

Total For Resettlement Monitoring 35,510,000

Contingencies (10% of Above) 3,551,000

Total 39,061,000

50

6 CONCLUSION AND RECOMMENDATIONS

6.1 CONCLUSIONS

Based on Project Description, Socio-economic Baseline Data, Environmental

Impacts, and Resettlement Action Plan (RAP), the following conclusions are

drawn:

i) The consultant has reviewed the report as explained in the approach and

methodology. The review included the up-dating of missing data on actual

number of PAPs, baseline on social-economic profile of PAPs and assessment

of impacts. The proposed feeder road rehabilitation will play an important role in

economical growth and reduction of the poverty. Educational, cultural and health

centers will have an easy access thus making improved living standards and

quality life of the people.

ii) The cost of the interventions to improve the feeder roads has been reproduced

from the feasibility report. The total cost to improve of 203.73 km of feeder roads

amount to US$ 14.054 million, the average cost per km amounts to US$ 69,325.

The total cost of 162.9 km of priority roads will be about US$ 11.293 million. The

RAP cost is estimated RWF 248,418,550 (including 10% Contingencies). The

details are as follows:

Resettlement Action Plan : 209,357,550

Resettlement Action Plan Monitoring : 39,061,000

The RAP cost is 3.25% of project costs.

iii) The widening of ROW will need 29.26 ha of additional land for the road

rehabilitation. The land use of this land is Agriculture-20.55 ha; Agro-forestry- 3.5

ha and Coffees/Banana Plantation- 3.5 ha. The loss of houses will be 15 in

number. The project will have 217 PAPs Families. The loss of trees will be 153.

The resettlement and compensation of crops, houses and land will be made as

per law of Rwanda.

iv) Private land will be acquired; in the process attention should be given for

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

Rwanda expropriation law for public interest and policy of the Government of

Rwanda and World Bank Guideline will be followed for compensation, and in the

case of inconsistency between these two standards, OP 4.12 shall prevail.

v) During public consultation few recommendation were drawn are :i) Involve local

communities in all stages of project planning and development, ii) Permanent

communication between projector initiators and local authorities, iii) for RAP a

cut-off has to be determined as per Rwanda Resettlement Policy Framework iv)

All people whose properties have been affected by the project have to be

compensated for loss of land, crops and trees as provided for in this RAP, v)

Grievance redress and monitoring register have to be set-up and the process

be publicized in the affected areas vi) During construction, PAPs shall be given

first priority in the employment of skilled and unskilled manpower.

51

6.2 Recommendations

The stakeholders including the PAPs are positive for the development of the

project. During public consultation following points have emerged:

The project Affected People will prefer house for house in the same

village or nearby,

The PAPs who are involved in business have given their choice near

the market or cell / sector resettlement scheme;

Farmers have also indicated cash for agriculture land;

Most of the PAPs are looking some form of incentive for themselves

from the projects such as regular/ temporary jobs.

ii) In view of above it could be concluded that project will bring benefit to the

people of the area. The resettlement impacts are within the manageable

limits and can be mitigated with the proposed resettlement management

plans and payment of compensation and hence the implementation of the

project is in the public interest.

52

Annexure 1 : Study Team

S. No. Name of the Expert Specialization

1 Dr Krishna Pal Environmental Specialist and Team Leader

2 Rutebuka Balinda Sociologist

3 Jacques Bizimana Computer Data Operator

ANNEXURE 2 : DEFINITION USED RAP

Agricultural labourer: means a person primarily resident in the affected area

who does not hold any land in the affected area but who earns his livelihood

principally by manual labour on agricultural land therein immediately before such

declaration and who has been deprived of his livelihood;

Agricultural land includes lands being used for the purpose of

i) Agriculture or horticulture;

ii) Dairy farming, poultry farming, pisciculture, breeding of livestock or nursery

growing medicinal herbs;

iii) Raising of crops, grass or garden produce; and land used by an agriculturist

for the grazing of cattle, but does not include land used for cutting of wood only

Census: is a data collection technique of completing enumeration of all Project

Affected Families and their assets through household questionnaire.

Compensation: means payment in cash or in kind to replace losses of land,

housing, income, and other assets caused by a project.

Cut-off date: This refers to the date prior to which the project affected family

was in possession of the immovable or movable property within the affected

zone.

Entitlement: is defined as the right of project affected persons (PAPs) to receive

various types of compensation, relocation assistance, and support for income

restoration in accordance with the policy provisions.

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

compensation packages and other relocation assistance.

Family includes a. person, his' or her spouse, minor sons, unmarried daughters,

minor brothers, unmarried sisters, father, mother and other relatives residing with

him or her and dependent on him or her for their livelihood; and includes "nuclear

family" consisting of a person, his or her spouse and minor children

Non-agricultural labourer means a person who is not an agricultural labourer

but is primarily residing in the affected area who does not hold any land under

the affected area but who earns his livelihood principally by manual labour or as

a rural artisan immediately before such declaration and who has been deprived

53

of earning his livelihood principally by manual labour or as such artisan in the

affected area;

Non-titleholder: Affected persons/families with no legal title to the land,

structures and other assets adversely affected by the project. Non-titleholders

include encroachers, squatters, etc.

Project Affected Persons (PAPs): indicates any person being as it may an

individual, a household, a firm or a private or public who, on account of the

execution of the project, or any of its components or sub-projects or parts thereof

would have their right, title or interest in any house, land or any other asset

acquired or possessed, in full or in part; or business, occupation, work, place of

residence or habitat adversely affected; or standard of living adversely affected,.

Rehabilitation (Income restoration/Livelihood restoration): means the

process to restore income earning capacity, production levels and living

standards in a longer term.

Replacement cost/value: Replacement cost is the cost of purchasing

comparable assets elsewhere by the affected person in lieu of the acquired land,

buildings, structures, and other immovable assets, etc.

Socio-economic survey: is carried out in order to prepare profile of PAPs and

to prepare for Resettlement Action Plan. The survey result is used (i) to assess

incomes, identify productive activities, and plan for income restoration, (ii) to

develop relocation options, and (iii) to develop social preparation phase for

vulnerable groups.

Titleholder: A PAP/PAF who has legal title to land, structures and other assets

in the affected zone.

54

Annexure 3: Questionnaire for Social Survey

1. IDENTIFICATION

1.1 City/Town :____________________ Name of Street /Road :_____________________

1.2 Name of Settlement/area:___________________Chainage No. :_____________________

1.3 Name of Head of the Household/Owner: 1.4 Name of the Respondent: 1.5 Relationship to HH : 1.6 Category of PAF:

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 Family Pattern : Joint - 1 Nuclear - 2 Individual - 3 2.6 Size of Family : Small (2-4) - 1 Medium (5-7) - 2 Large(Above 7) - 3 3. FAMILY PARTICULARS (Start from head of the household)

S. No

Name of the member

Relation-ship to HH Head

Sex

Age (years)

Marital

Status Education

Any Disability

Any skilled family

member

1

2

3

4

5

3.1 Household’s Main Occupation_________________and Monthly

income(RWF_____________ 3.2 Subsidiary Source _________________and Monthly Income (RWF)

_____________________ 3.3 No. of Adult earning members: ________ 3.4 No. of dependents: _______ 3.5 Family annual expenditure: RWF____________________________ 3.6 Indebtedness

Source Amt.

Borrowed

When Borrowed

(Year)

Purpose of Borrowing

Rate of interest

per annum

Amount outstanding as on date

3.7 Household Assets: ___________________________________________________________

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4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES 4.1 Type of Shop/Business Enterprises (SBEs) Hotel -1 Tea &Snaks -2 Repair & Workshop -3 Other Shops (Specify) -4 Other Enterprise (Specify) -5 4.2 No. of Partners :_____________________________________ 4.3 Employment Pattern Owner/Operator -1 Employed 1 to 5 persons -2 Employed 5 & above -3 5. VULNERABILITY HH below poverty line -1 HH becoming BPL as a result of loss of livelihood/assets -2 Female headed household -3 6. INFORMATION ON AFFECTED PROPERTY 6.1 Details of the structure

Type of

Use

Year

Cons type

No.of Rooms/ storey

Utility connection

Total area(Sq.m)

Impacted area(Sq.m)

Impact

P F

Type of Use:1. Residential, 2.Commercial, 3.Residential cum Coomercial, 4.Other (Specify)

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?

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Within the area - 1 Outside the area - 2 Place name: ……………Distance (in k.m.) 8.2 Replacement Option Land for land lost -1 Cash Assistance -2 House in Resettlement Site -3 Shop in Resettlement Site -4 Other(Specify) 8.3 Factors to be considered in providing alternate place Access to family/friends -1 Income from household activity -2 Income from Business activity -3 Daily Job -4 lose to Market -5 Other(Specify) -6

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Annexure 4: Photographs of Feeder Roads in Rwamagana and View of People Present in the

Public Consultation Meeting

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59

60

61

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PHOTOGRAPHS OF PUBLIC CONSULTATION IN RWAMAGANA DISTRICT